PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Thursday, 7 March 2013 (Extract from book 3)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AC, QC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts (to 6 March) ...... The Hon. E. N. Baillieu, MP Premier, Minister for the Arts, Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing (from 6 March) ...... The Hon. D. V. Napthine, MP Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development ...... The Hon. P. J. Ryan, MP Treasurer ...... The Hon. K. A. Wells, MP Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events ...... The Hon. Louise Asher, MP Attorney-General and Minister for Finance ...... The Hon. R. W. Clark, MP Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC
Minister for Health and Minister for Ageing ...... The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs .... The Hon. H. F. Delahunty, MP
Minister for Education ...... The Hon. M. F. Dixon, MP Minister for Planning ...... The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession ...... The Hon. P. R. Hall, MLC Minister for Multicultural Affairs and Citizenship ...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development ...... The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission ... The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads ...... The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing (to 6 March) ...... The Hon. D. V. Napthine, MP Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources ...... The Hon. M. A. O’Brien, MP Minister for Local Government and Minister for Aboriginal Affairs ...... The Hon. E. J. Powell, MP Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry ...... The Hon. G. K. Rich-Phillips, MLC Minister for Environment and Climate Change, and Minister for Youth Affairs ...... The Hon. R. Smith, MP Minister for Agriculture and Food Security, and Minister for Water ...... The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services ...... The Hon. M. L. N. Wooldridge, MP Cabinet Secretary ...... Mr D. J. Hodgett, MP
Legislative Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Mr Nardella, Mr O’Brien, Mr Pandazopoulos and Mr Walsh. Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.
Joint committees
Accountability and Oversight Committee — (Assembly): Ms Kanis, Ms Richardson and Mr Wakeling. (Council): Mr O’Brien and Mr O’Donohue. Dispute Resolution Committee — (Assembly): Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Mr Merlino, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Carroll, Mr Foley and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote, Ms Crozier and Mr O’Brien. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Independent Broad-based Anti-corruption Commission Committee — (Assembly): Ms Hennessy, Mr Newton-Brown and Mr Weller. (Council): Mr Koch and Mr Viney. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr O’Brien, Mr Ondarchie and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Mr Brooks, Ms Campbell, Mr Gidley, Mr Nardella, Dr Sykes and Mr Watt. (Council): Mr O’Donohue.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. D. V. NAPTHINE (from 6 March 2013) The Hon. E. N. BAILLIEU (to 6 March 2013) Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. J. A. MERLINO
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Lim, Mr Muy Hong Clayton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McCurdy, Mr Timothy Logan Murray Valley Nats Asher, Ms Louise Brighton LP McGuire, Mr Frank 6 Broadmeadows ALP Baillieu, Mr Edward Norman Hawthorn LP McIntosh, Mr Andrew John Kew LP Barker, Ms Ann Patricia Oakleigh ALP McLeish, Ms Lucinda Gaye Seymour LP Battin, Mr Bradley William Gembrook LP Madden, Mr Justin Mark Essendon ALP Bauer, Mrs Donna Jane Carrum LP Merlino, Mr James Anthony Monbulk ALP Beattie, Ms Elizabeth Jean Yuroke ALP Miller, Ms Elizabeth Eileen Bentleigh LP Blackwood, Mr Gary John Narracan LP Morris, Mr David Charles Mornington LP Brooks, Mr Colin William Bundoora ALP Mulder, Mr Terence Wynn Polwarth LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Napthine, Dr Denis Vincent South-West Coast LP Bull, Mr Timothy Owen Gippsland East Nats Nardella, Mr Donato Antonio Melton ALP Burgess, Mr Neale Ronald Hastings LP Neville, Ms Lisa Mary Bellarine ALP Campbell, Ms Christine Mary Pascoe Vale ALP Newton-Brown, Mr Clement Arundel Prahran LP Carbines, Mr Anthony Richard Ivanhoe ALP Noonan, Mr Wade Mathew Williamstown ALP Carroll, Mr Benjamin Alan 2 Niddrie ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane 7 Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page 8 Frankston Ind Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James 3 Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin 4 Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Kanis, Ms Jennifer 5 Melbourne ALP Wooldridge, Ms Mary Louise Newling Doncaster LP Katos, Mr Andrew South Barwon LP Wreford, Ms Lorraine Joan Mordialloc LP Knight, Ms Sharon Patricia Ballarat West ALP Wynne, Mr Richard William Richmond ALP Kotsiras, Mr Nicholas Bulleen LP Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 5 Elected 21 July 2012 2 Elected 24 March 2012 6 Elected 19 February 2011 3 Resigned 18 February 2013 7 Resigned 7 May 2012 4 Resigned 27 January 2012 8 LP until 6 March 2013
CONTENTS
THURSDAY, 7 MARCH 2013 Road safety: government strategy ...... 794 Torquay Tigers Junior Football Club: family MINISTRY ...... 785 day ...... 794 SUSPENSION OF MEMBERS Dallas Brooks Community Primary School: soil Minister for Public Transport ...... 785 contamination ...... 794 Member for Monbulk ...... 785, 847 MAJOR SPORTING EVENTS AMENDMENT BILL Member for Eltham ...... 785 2013 Minister for Multicultural Affairs and Second reading ...... 794, 833, 851, 854 Citizenship ...... 786 Third reading ...... 860 Member for Ivanhoe ...... 843 CRIMES AMENDMENT (INTEGRITY IN SPORTS) Member for Brunswick ...... 844 BILL 2013 Member for Macedon ...... 845 Statement of compatibility ...... 809 Member for Geelong ...... 846 Second reading ...... 809 Member for Lara ...... 849 RAIL SAFETY NATIONAL LAW APPLICATION BILL Member for Albert Park ...... 850 2013 NOTICES OF MOTION ...... 785, 786 Statement of compatibility ...... 810 BUSINESS OF THE HOUSE Second reading ...... 821 Notices of motion: removal ...... 786 TRANSPORT LEGISLATION AMENDMENT (RAIL Adjournment ...... 786 SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013 PETITIONS Schools: Doreen and Mernda ...... 786 Statement of compatibility ...... 824 Second reading ...... 832 DOCUMENTS ...... 786 DISTINGUISHED VISITORS ...... 840 MEMBERS STATEMENTS Shane Murphy ...... 786 QUESTIONS WITHOUT NOTICE Former Premier: service ...... 787, 790, 791 Government: leadership ...... 841 City of Stonnington: pavilion redevelopment Port of Melbourne: Webb Dock development ...... 841 strategy ...... 787 Minister for Police and Emergency Services: Premier: attributes ...... 787, 791 conduct ...... 842, 843, 844 Roads: city of Casey ...... 787 Floods: business recovery program ...... 842, 843 Rosa Miot ...... 788 India: trade mission ...... 845 Ambulance services: public events ...... 788 Vocational education and training: TAFE International Women’s Day ...... 788 funding ...... 846, 847 Commonwealth Women Parliamentarians ...... 788 Economy: government achievements ...... 847 School Focused Youth Service: funding ...... 789 Member for Frankston: conduct ...... 848 Rodney electorate: industry achievements ...... 789 Desalination plant: cost ...... 848, 849 Dean Mighell ...... 789 NAMING AND SUSPENSION OF MEMBER Youth: online privacy campaign ...... 790 Member for Macedon ...... 845 Joan Child, AO ...... 790 PRIVILEGES COMMITTEE Roads: Murray Valley electorate ...... 791 Membership ...... 853 Victoria Legal Aid: Preston office closure ...... 791 ASSISTED REPRODUCTIVE TREATMENT Darebin Community and Kite Festival ...... 791 AMENDMENT BILL 2012 United Israel Appeal: women’s division event ...... 791 Second reading ...... 860 Deputy Minister for Foreign Affairs of Greece ...... 791 Third reading ...... 860 Glen Eira Adult Learning Centre: multicultural ALPINE RESORTS AND NATIONAL PARKS ACTS festival ...... 792 AMENDMENT BILL 2013 Dame Roma Mitchell memorial lunch ...... 792 Second reading ...... 860 North Melbourne Legal Service: booklet ...... 792 Third reading ...... 860 North Melbourne Football Club: Arden Street WATER LEGISLATION AMENDMENT BILL 2012 oval ...... 792 Second reading ...... 860 Latrobe Regional Hospital: opposition Third reading ...... 860 comments ...... 792 Lorraine Bartling ...... 792 EDUCATION AND TRAINING REFORM AMENDMENT (TEACHER REGISTRATION AND Osborne House, Geelong: centenary ...... 792 OTHER MATTERS) BILL 2013 Geelong Highland Games...... 793 Second reading ...... 860 Ricky Hart ...... 793 Third reading ...... 860 Hellenic Community of the City of Moorabbin: ADJOURNMENT festival ...... 793 Mordialloc Community Centre: funding...... 793 Teachers: enterprise bargaining ...... 860 Regional rail link: construction ...... 793
CONTENTS
Hastings electorate: closed-circuit television cameras ...... 861 Buses: route 562 ...... 861 Hospitals: federal funding ...... 862 Rail: Dandenong corridor level crossings ...... 862 Beulah Bowling and Croquet Club: synthetic greens ...... 863 Rail: Maryborough–Ararat ...... 863 St Catherine’s Parish Primary School: tranquillity garden ...... 864 Housing: vacant stock ...... 864 RayGen Resources: ministerial visit...... 865 Responses ...... 865
MINISTRY
Thursday, 7 March 2013 ASSEMBLY 785
Thursday, 7 March 2013 SUSPENSION OF MEMBER
The SPEAKER (Hon. Ken Smith) took the chair at Minister for Public Transport 9.32 a.m. and read the prayer. The SPEAKER — Order! The Minister for Public MINISTRY Transport can leave the chamber for an hour.
Dr NAPTHINE (Premier) — I would like to make Minister for Public Transport withdrew from chamber. a short statement on party leadership and ministerial arrangements. I advise the house that yesterday the The SPEAKER — Order! The same thing is going Honourable Ted Baillieu resigned his position as to happen to anybody else who carries on this morning. Leader of the parliamentary Liberal Party. The parliamentary Liberal Party then elected me as its Business resumed. leader. The member for Hawthorn then called on His Excellency the Governor and submitted his resignation The SPEAKER — Order! I do not uphold the point as Premier and as Minister for the Arts. His Excellency of order. Leave has been denied. subsequently invited me to accept the commission as Honourable members interjecting. Premier of Victoria. I advise the house that I have accepted His Excellency’s invitation and was sworn Business interrupted. into office as Premier. I was also sworn in as Minister for the Arts and the portfolios I held previously. I thank SUSPENSION OF MEMBER the house. Member for Monbulk Mr ANDREWS (Leader of the Opposition) — I desire to make a statement, by leave. The SPEAKER — Order! The Deputy Leader of the Opposition can leave for an hour as well. Leave refused. Honourable member for Monbulk withdrew from Honourable members interjecting. chamber.
Mr Andrews — I am sorry I do not have the Business resumed. opportunity to wish the former Premier well and to congratulate the new one. What a circus you’re NOTICES OF MOTION running! Notices of motion given: Honourable members interjecting. Honourable members interjecting. The SPEAKER — Order! The house will come to order. Leave has been denied. Notices interrupted.
Ms Allan — On a point of order, Speaker, with your SUSPENSION OF MEMBER indulgence, could I seek that you use your position as Chair to offer the Leader of the Opposition the Member for Eltham opportunity to make a few comments. As has been indicated privately, the Leader of the Opposition wishes The SPEAKER — Order! The member for Eltham to make a few very clear and simple comments about can take an hour out of the chamber as well under the leadership, and we seek that you use your position standing order 124. to give him the opportunity to make them. Honourable member for Eltham withdrew from Honourable members interjecting. chamber.
Business interrupted. NOTICES OF MOTION
Notices resumed.
Further notices of motion given.
Notices interrupted.
NOTICES OF MOTION
786 ASSEMBLY Thursday, 7 March 2013
SUSPENSION OF MEMBER 4. land has been purchased by the previous Labor government for secondary colleges to be built in Cookes Minister for Multicultural Affairs and Road, Doreen, and Breadalbane Avenue, Mernda; Citizenship 5. the recent closure of Acacia College means that a further 720 students need to find school places in 2013. The SPEAKER — Order! The Minister for Multicultural Affairs and Citizenship can go out of the The petitioners therefore request that the Legislative Assembly urge the Baillieu government to urgently build chamber for an hour. secondary schools for Doreen and Mernda. Minister for Multicultural Affairs and Citizenship By Ms GREEN (Yan Yean) (335 signatures). withdrew from chamber. Tabled. The SPEAKER — Order! I will continue to throw people out for an hour while the house continues in the Ordered that petition presented by honourable ratbag way that it is going on in this morning. If there member for Yan Yean be considered next day on are only two or three of us left in the house, that is the motion of Ms GREEN (Yan Yean). way it will be. Do members understand? DOCUMENTS NOTICES OF MOTION Tabled by Clerk: Notices resumed. Health Practitioner National Law (Victoria) Act 2009 — Further notices of motion given. Report 2011–12 of the National Health Practitioner Ombudsman and Privacy Commissioner
BUSINESS OF THE HOUSE Planning and Environment Act 1987 — Notices of approval of amendments to the Victoria Planning Provisions — VC89, Notices of motion: removal VC97 Surveillance Devices Act 1999 — Report of the Victorian The SPEAKER — Order! Notices of motion 1 and Inspectorate under s 30Q. 5 to 18 will be removed from the notice paper unless members wishing their notice to remain advise the BUSINESS OF THE HOUSE Clerk in writing before 2.00 p.m. today. Adjournment PETITIONS Mr McINTOSH (Minister for Corrections) — I Following petition presented to house: move: Schools: Doreen and Mernda That the house, at its rising, adjourns until Tuesday, 19 March 2013. To the Legislative Assembly of Victoria: Motion agreed to. The petition of certain citizens of the state of Victoria draws to the attention of the house the rapid increase in families moving to Doreen and Mernda, suburbs of northern MEMBERS STATEMENTS metropolitan Melbourne, and the acute shortage of schools. Shane Murphy In particular, we note: Ms NEVILLE (Bellarine) — It is with great 1. there are now almost 2000 students enrolled at pleasure that I acknowledge and congratulate Shane government primary schools in Mernda and Doreen, which will increase rapidly in future years; Murphy on his wonderful contribution as an advocate for young people in Geelong and the Bellarine. After 2. there is no state secondary school in Doreen or Mernda 31 years working alongside vulnerable young people at and parents are travelling on increasingly congested Barwon Youth in its different forms, Shane has decided roads as far as Whittlesea, Mill Park, Epping, Greensborough and Diamond Creek to access secondary to take a well-deserved break. As the CEO of Barwon schools; Youth he has been a leader in the community and welfare sector. He is respected for his skills, energy and 3. the government has cut access to the student conveyance enthusiasm as a strong and dedicated advocate for allowance which is used to offset travel costs for students; young people at risk.
MEMBERS STATEMENTS
Thursday, 7 March 2013 ASSEMBLY 787
Shane led Barwon Youth in developing innovative Pavilion. I look forward to the state government being programs and projects, and providing mentoring and able to support that redevelopment at some time. support for young people on issues such as education, employment, training, mental health, substance abuse Premier: attributes and youth justice. He understood the importance of providing diverse approaches to engaging with young Mr O’BRIEN — I would also like to congratulate people. He saw gaps in services and worked to find the now Premier, the member for South West Coast, on creative solutions to fill those gaps. He believed in his elevation. I have also had the privilege of working involving the community in supporting young people at with the member for South-West Coast in different risk, and he successfully established a volunteer capacities in my time in Parliament. He has terrific program, the Geelong Minder program, which has now intelligence, integrity and insight, and the fact that he merged with the Big Brothers Big Sisters program. He has been so overwhelmingly supported by his always believed in empowering young people and has colleagues indicates that he will be a magnificent worked hard to achieve that. He has also played a Premier — — significant role in working with community The SPEAKER — Order! The member’s time has organisations and more broadly with councils and expired. governments, both state and federal.
As a local MP and former minister I have had the Roads: city of Casey pleasure of working with Shane for over a decade. I Ms GRALEY (Narre Warren South) — This week appreciated his ideas and his down-to-earth advice on Victorians have witnessed the Parliament turn into a often complex issues. Congratulations and best wishes farce, as a dysfunctional government lurched from to Shane and his family. He will be greatly missed by crisis to crisis. On Tuesday in this Parliament the many across Geelong and Victoria, but I am confident Minister for Public Transport and Minister for Roads in that he will continue to make a valuable contribution to an unbelievable and embarrassing performance failed to our community in the future. commit to any further funding for roads in Casey. Neither was consideration given to providing a Former Premier: service transport plan for one of Victoria’s fastest growing Mr O’BRIEN (Minister for Gaming) — I want to areas nor a commitment made to funding an upgrade of acknowledge the service of the member for Hawthorn. I Thompsons Road. have known the member for about 25 years, since I first Thompsons Road, a key arterial road and important joined the Liberal Party. He held a very senior office at east–west link for local residents and businesses, is in the time. In the member for Hawthorn’s maiden speech desperate need of duplication. Villawood Properties has in 1999, he said: established the wonderful Marriott Waters estate, which Government is not about the pursuit of authority, power, includes a new shopping centre on the corner of position or privilege. It cannot be. It is and must be about the Thompsons Road and Western Port Highway. To its pursuit of responsibility. credit it has done significant work on the entrance from Thompsons Road onto Lyndhurst Boulevard, but it is I know through firsthand observation working with the not up to it to fix the rest of Thompsons Road. An member for Hawthorn, as a member of his shadow upgrade is needed to deliver improved pedestrian cabinet and his cabinet, that he has been true to his facilities for local residents to alleviate congestion and word in both government and opposition. He has made improve safety at the intersection of Thompsons Road a magnificent contribution to the Liberal Party, to the and Western Port Highway. government and to the state of Victoria and I thank him, his wife, Robyn, and his children, Robbie, Martha and There are now 24 000 vehicles using this section of Eleanor, for their wonderful service to the state. Thompsons Road each and every day — well in excess of the traffic volumes that would normally trigger City of Stonnington: pavilion redevelopment duplication. We have also seen a worsening safety strategy record on this section of road, with 48 casualty collisions in the five-year period to 31 December 2011. Mr O’BRIEN — I also wish to commend my local This includes 2 fatal and 18 serious injury-collisions. council, the Stonnington City Council, on the continued Action needs to be taken, but all we get from the implementation of its pavilion redevelopment strategy. Minister for Roads is an inconsiderate lecture on why There are some very important opportunities to fund we should be grateful for the upgrade of the Narre redevelopments in Stonnington, including the TH King
MEMBERS STATEMENTS
788 ASSEMBLY Thursday, 7 March 2013
Warren-Cranbourne Road, which this hopeless aid and paramedical services. I refer specifically to the government has not even started, and how he looks State Downhill Mountain Bike Series event, which was forward to cutting the ribbon. The minister needs to held at Mount Buller over the busy Australia Day forget about ceremonies and get the shovels out. This weekend. I am aware that Ambulance Victoria made dysfunctional government, now with a five calls to the mountain in just one day to attend to back-to-the-future leader, needs to start working for the injured riders who were competing in this event, which residents of Casey. left the entire Upper Hume region of Victoria exposed to long delays in ambulances responding to other cases. The SPEAKER — Order! The member’s time has I am sure some would put this down to bad luck, but expired. the truth is that it was more likely caused by bad management. A media statement dated 30 January by Rosa Miot Ambulance Victoria spokesperson Paul Holman states:
Ms WOOLDRIDGE (Minister for Community In the lead-up to the State Downhill Mountain Bike Series Services) — I am delighted to speak today about event on Mount Buller, we expressed concerns to organisers Mrs Rosa Frances Miot, who was awarded a Medal of due to the lack of dedicated ambulance attendance at the the Order of Australia on Australia Day for services to event with professional paramedic care and transport. people with a disability. Mrs Miot is a remarkable No-one wants to see our great events and regional woman and a well-known and respected resident of my festivals tied up in red tape, but it is important to ensure electorate of Doncaster. Mrs Miot arrived in Australia that the broader health needs of a community are not from Italy with her family in 1952 at age five. Now left exposed due to a poorly planned public event. It married to the always-supportive Joe, she has three troubles me that first aid event organisers are not children: two sons and a daughter who has a mild currently licensed in Victoria, and I think it is about intellectual disability. time the government had a look at reviewing this situation. A tireless campaigner, Rosa has served so many organisations, including Doncare, Doncaster International Women’s Day Community Youth Support Scheme, REAL Inc., Eastern Recreation and Leisure Services, Doncaster All Mrs FYFFE (Evelyn) — Tomorrow is International Abilities Basketball, Riding for the Disabled, Women’s Day, when women from across the world Manningham Charitable Trust and the Manningham celebrate 104 years of progress on women’s issues. The City Council Access and Equity Committee, on which coalition government has made many achievements for she has served for 30 years. Rosa also convened the women since coming to power in 2010. The Minister local residents group designed to protect the local for Women’s Affairs has been very proactive in her amenity and neighbourhood character of Manningham. portfolio, initiating a drive to stamp out violence against I have worked with her in this capacity in great detail. women, highlighting the need for funding into breast and ovarian cancer and financing scholarships to Over 40 years of continuous service Rosa has educate women for the next generation. Successes have successfully advocated for better services and been achieved in many other areas of government, such opportunities for the disadvantaged and disabled in our as law and order, where many more women are finding community, especially through sport. She was awarded the courage to come forward and report domestic the Australian Sports Medal in 2000 for services to violence. Women’s issues are still crucial and topical people with disabilities in sport and currently serves in for the government of today, and we need to continue the role of executive officer at Disability Sports addressing the gender inequality issues that are present Victoria. Rosa Miot has made an outstanding in our community, particularly for women from other contribution to our community, making a difference in cultures living in Australia. so many meaningful ways, and I am thrilled her efforts have been recognised with a well-deserved OAM. Commonwealth Women Parliamentarians
Ambulance services: public events Mrs FYFFE — In relation to International Women’s Day, I also wish to acknowledge the great Mr NOONAN (Williamstown) — A recent event in work of Commonwealth Women Parliamentarians regional Victoria has highlighted the need for a review (CWP), of which I am the deputy chair. CWP works to into the adequacy of the legislation and regulations champion women’s issues in all parliaments throughout covering the provision of emergency and safety Australia as well as mentoring women to stand for services at public events in the state, particularly first election and address the severe shortage of female
MEMBERS STATEMENTS
Thursday, 7 March 2013 ASSEMBLY 789
representation. Currently only 4 per cent of elected Rodney electorate: industry achievements representatives in the Pacific region are women, and I must point out that in Australia the figure is still only Mr WELLER (Rodney) — I would like to report 22 per cent. We still have a hell of a long way to go. the good news to come out of the Rodney electorate for CWP’s work has now extended to assisting women local business and industry. Echuca-based irrigation across the Pacific region, thanks to a $2.8 million grant powerhouse WiSA has expanded to the Middle East, from AusAID. Several weeks ago CWP members held and during a recent trade mission to the region our a partnership forum with women from some of our Minister for Water opened the company’s new overseas neighbouring nations who are now combating issues headquarters. Early last week I opened, on behalf of the Australian women dealt with decades ago regarding Deputy Premier, the biodiesel facility at Madowla Park female representation. I applaud the achievements of near Echuca, which is planned to produce up to the hardworking women of CWP and look forward to 1.5 million litres of biofuel from locally grown canola their continuing efforts for the women of Australia and seed and 4000 tonnes of animal feed each year. Across the Pacific region. the district in Tongala, Nestle has opened its new $17 million liquid milk manufacturing unit. Heinz in School Focused Youth Service: funding Echuca has invested $6 million in upgrading its plant, confirming the company’s commitment to the region. Mr BROOKS (Bundoora) — One of the many reasons that the Baillieu government failed so Kagome, Australia’s largest tomato processing factory, miserably was that it cut savagely into Victoria’s is taking steps to double its production over the next education and training system. Members on this side of five years, which confirms its commitment to the the house have spoken many times about the impact industry, local growers and Echuca. In 2011 Fonterra these cuts have had and have detailed the programs that invested $21 million in expanding its yoghurt have been axed or wound back, the effect this has had production, tripling capacity at its Echuca site. on the state’s children and how incredibly short sighted Multimillion-dollar meat processor this is. HW Greenham & Sons put on an extra shift this year, which has doubled employment at its Tongala abattoirs. One of the programs that is on the chopping block at Nathalia’s abattoir has put on an extra 50 full-time staff, this very moment is the School Focused Youth Service with an investment of $200 000 from the state (SFYS), which has been funded by the government government. I am very pleased to report that with the through the Department of Education and Early support of the coalition government industry is Childhood Development. This is a service that aims to improving in my electorate. prevent kids from disengaging with school and other important parts of their lives, helping to prevent things Dean Mighell such as truancy, homelessness, substance abuse, mental illness and suicide. The SFYS operates across the entire Ms HALFPENNY (Thomastown) — I pay tribute state and is delivered through 41 agencies or service to Electrical Trade Union (ETU) state secretary Dean providers in government, Catholic and independent Mighell, who has announced his retirement from his schools, and approximately 50 000 children participate position as a result of a careful and considered in its programs every year. succession plan. The ETU will be left in the capable hands of new state secretary, Troy Gray, who is also a The government commissioned a consultant to review strong and well-respected union official. the program, and that review highlighted the value of the SFYS to the wellbeing of school-aged kids. Dean Mighell, together with Gavin Marshall and Shamefully the failed Baillieu government has decided others, led a reform group called the recharge team, a to cease funding the SFYS at the end of the financial team of rank-and-file union members committed to year, and it appears this program will fall victim to the reforming the Electrical Trade Union in 1995. It was a government’s slash-and-burn approach to education difficult struggle that took a great toll on these provision. Our new unelected Premier was a cabinet individuals and their families. I recall that Dean’s wife, minister in the Kennett government when the SFYS Mandy, and I were both pregnant at the time and how was first established following the work of the Suicide difficult it was with the stress, the long hours and the Prevention Task Force, so he should know how sacrifices Mandy made for the campaign. important this program is. This is a story about a union leader who tirelessly The DEPUTY SPEAKER — Order! The strived to support and organise working people to member’s time has expired. campaign for a better standard of living, a better life.
MEMBERS STATEMENTS
790 ASSEMBLY Thursday, 7 March 2013
The ETU recharge team led by Dean Mighell is a story We are pleased to announce that the campaign is being of incredible success. It is a story that saw the delivered in partnership with several organisations transformation of the humble electrician from a manual which share our vision of promoting better outcomes worker into a highly skilled, independent and well-paid for young people, including Life Saving Victoria, tradesperson. It is impressive to see the number of Guides Victoria, Scouts Victoria and the Youth Affairs young people who aspire to take on this now Council of Victoria. This is just another example of the well-respected occupation. The good standing of innovative ways this government is working closely electricians in our community did not happen by with different parts of the community to provide better chance. opportunities and support for young people.
Because of the short time available I can highlight only Joan Child, AO a few of the achievements of the ETU under Dean Mighell. The ETU has more than doubled its financial Ms BARKER (Oakleigh) — I pay tribute to Joan union membership. It has grown its asset base from Child, who sadly passed away on 23 February. Joan $8.5 million to a massive $54 million. It has achieved was the first Labor woman elected to the House of historic agreements across the industry on shorter Representatives and the first woman to be elected hours, income protection and support for employment Speaker of the House of Representatives. She was a of older workers and apprentices. I join with other remarkable, tenacious and distinguished woman, members of Parliament — the member for Brunswick physically petite but so very strong in character and and Ms Tierney, a member for Western Victoria work ethic. I honour and recognise her outstanding Region in the Council — in wishing Dean good luck contribution to Australian democracy and to the Labor and congratulating Troy Gray and Wes Hayes. movement, but today I primarily pay a personal tribute to Joan Child. Youth: online privacy campaign I am what I am because of Joan Child. I joined the Mr R. SMITH (Minister for Youth Affairs) — Last Labor Party under her leadership and very quickly week I was very pleased to announce a very exciting became included and involved in the Labor movement. new initiative to promote online safety among young I was very proud to be part of the disciplined and people, the ‘It’s There for Life’ campaign. For today’s efficient Henty team. I went to work for Joan in 1986 generation of young people accessing technology is an and thus began a very different path in my life, as it was important part of everyday life. It provides Joan who encouraged me to stand for state Parliament. opportunities for education, social interaction and She challenged me to do things I never thought I could participation in the community. However, studies show do, and she guided, taught and supported me. She that more than 92 per cent of young people in Australia taught me to know about and respect those you wish to are worried about social media privacy issues. represent and to work hard to ensure that all who want to vote Labor have the opportunity to do so. She also In today’s digital age a lot of what we do in our daily taught me that, if elected, you honour the trust that has lives is driven by our social media interaction. Social been placed in you and never stop working to the best media sites provide fantastic opportunities for people to of your ability to achieve a fair and just society. stay in touch and let others know what they are up to. There are many benefits to being online. However, I believe Joan would want me to ensure that her legacy there are also risks, especially if young people are not lives on by doing what she taught and encouraged me aware or armed with the knowledge they need to reduce to do, and my commitment to this wonderful woman is these risks. We need young people to remember that that this is exactly what I will continue to do. To her whatever they post online stays online forever. loved and loving sons, Peter, Andrew, Geoff, Gary and Roger, their partners, Joan’s grandchildren and great The coalition government wants young Victorians to grandchildren, I offer my deepest sympathy, and that of have the best start they can, but if they have posted the Oakleigh community, the Greek community, the something inappropriate online, there is a chance that a Jewish community and the Labor movement. Vale, prospective employer may find the post and make a Joan Child, leader, mentor and friend. judgement even before they have met them. It is important to draw a line between what one shares and Former Premier: service what one keeps to oneself, because the simple fact is that what goes online stays online. Mr McCURDY (Murray Valley) — I would like to thank the member for Hawthorn, as he has led Victoria through significant challenges at a time when our
MEMBERS STATEMENTS
Thursday, 7 March 2013 ASSEMBLY 791
finances are extremely tight due to bureaucracy being was no comfort given regarding important issues such allowed to run riot under the former government. It as outreach services. takes enormous strength of character to make the decision he has made. The former Premier always puts In response to the closure, Victoria Legal Aid plans to Victoria’s interests first. On behalf of the people of have outreach services to Whittlesea and Heidelberg Murray Valley, I thank him for his contribution as but not to the community of the Darebin area, from Premier of this state. where the legal aid office has been lost. I regard this as a completely unacceptable situation and one that Roads: Murray Valley electorate reflects the crisis that has been created by the government’s cuts to Victoria Legal Aid funding. The Mr McCURDY — The coalition government is community I am lucky enough to represent is one that doing its bit to tackle the road safety challenge and has particular needs, and although it is not always deliver innovative, evidence-based road safety popular to provide legal aid, the legal aid office plays initiatives. As part of the government’s plan to spend an important role in our justice system. $1 billion on improving the state’s highest risk roads and intersections, the intersection of Benalla-Tocumwal Darebin Community and Kite Festival Road with Sandmount and Parnell roads at Muckatah is to receive $610 000 for a safety upgrade. Victoria is Mr SCOTT — On another matter, I was lucky one of the best-performing jurisdictions in the world on enough to attend the Darebin Community and Kite a per capita basis for road safety, and it is the bold Festival held at Edwards Park Lake. I have to say the measures such as compulsory wearing of seatbelts, Reservoir community is improving at a rate of knots random breath testing, speed cameras and black spot and is a wonderful community to live in, where people infrastructure improvements that have dramatically share in community activities in a way that does pride reduced the annual road toll from around 1000 people to the great and diverse state we are. in the 1970s to under 300 today. Former Premier: service In the Murray Valley electorate, rehabilitation works valued at $620 000 are being carried out at Bundalong Ms MILLER (Bentleigh) — I wish to thank the on the Murray Valley Highway, which is an important member for Hawthorn for his passionate service to our route for tourists and the freight industry, and that will great state as Premier. I have always found him to be provide enhanced safety for all those who use this road. honest, hardworking and trustworthy, and I thank him The number of trucks on Victoria’s roads is projected to for the countless contributions he has made to this state double by 2025, and the coalition government is he so clearly loves. committed to safely accommodating the increase in trucks by using technology and effective management Premier: attributes of the road network. It is estimated that one in three Ms MILLER — Further, I congratulate the Minister fatal heavy vehicle crashes involves fatigue, and the for Ports, the member for South-West Coast, on his Victorian government has added $6 million to the election to the role of Premier. He will bring great commonwealth’s $3 million to upgrade and increase experience to the leadership, and I look forward to parking bays at six rest areas. supporting him as we build the future of Victoria,
Victoria Legal Aid: Preston office closure United Israel Appeal: women’s division event
Mr SCOTT (Preston) — I rise to condemn the Ms MILLER — On 27 February I was pleased to closure of the Victoria Legal Aid office in Preston. The attend the United Israel Appeal women’s division legal aid office in Preston is one of the four founding brunch. It was an honour to meet Mr Gilad Shalit, who offices of Victoria Legal Aid. This closure comes at a was released by his Hamas captives in 2011 after five time when legal aid is grappling with a funding crisis, years of imprisonment. I thank Ms Hayley Southwick as reported in the Age of 5 March. The closure of this and all at the United Israel Appeal for the hard work office will lead to the redeployment or sacking of a they put into this successful event. number of staff, and I believe jobs will be lost. While I was grateful that Mr Bevan Warner, managing director Deputy Minister for Foreign Affairs of Greece of the board of Victoria Legal Aid, showed me as local member the courtesy of calling me regarding this Ms MILLER — It was an honour to attend the closure, I have to express my disappointment that there reception held by the Consul General of Greece in Melbourne in honour of the Deputy Minister for
MEMBERS STATEMENTS
792 ASSEMBLY Thursday, 7 March 2013
Foreign Affairs of Greece, Mr Konstantinos Tsiaras. North Melbourne Football Club: Arden Street The minister manages the affairs of the Greek diaspora, oval which is of particular interest to me given the large and active Greek community in Bentleigh. I wish the Ms KANIS — I also congratulate the North minister a safe and productive visit. Melbourne Football Club, the Kangaroos, on the official opening of its renovated Arden Street oval, Glen Eira Adult Learning Centre: which will be a great facility for the club and the multicultural festival community. Ms MILLER — The multiculturalism of Bentleigh Latrobe Regional Hospital: opposition was on full display on Saturday, 2 March, when the comments Glen Eira Adult Learning Centre Inc. (GEALC) hosted its annual multicultural festival. GEALC has a very Mr NORTHE (Morwell) — A member for Eastern diverse group of students, who were all invited to share Victoria Region in the other place, Matt Viney, the best of their culture at the festival through food, continues to misrepresent the truth in respect of health music and dance. funding in Victoria. Mr Viney’s latest bizarre claims that Latrobe Regional Hospital has received less The DEPUTY SPEAKER — Order! The funding from the state coalition government in 2012–13 member’s time has expired. in comparison to 2011–12 is absolutely false, and Mr Viney should apologise to the Gippsland Dame Roma Mitchell memorial lunch community for such comments. As per a media statement from Latrobe Regional Hospital on Ms KANIS (Melbourne) — On Monday, 4 March, I 14 August 2012, the hospital welcomed increased attended the Dame Roma Mitchell memorial lunch. The funding of $7 million from the state government in this lunch is an annual event organised by Victorian financial year. Mr Viney’s recent comments come on Women Lawyers and the Law Institute of Victoria to top of his previous criticism of the hospital staff for commemorate the life of Dame Roma Mitchell, QC, their performance in dealing with patients in the region. who was a judge and the Governor of South Australia. One must wonder what Mr Viney’s motives are in This year’s guest speaker was a former Victorian making such claims, but you can only think it is to try Premier, the Honourable Joan Kirner. Ms Kirner spoke to protect his federal Labor mates from their savage passionately to a crowd of 300 people about women health cuts to Victorian hospitals. and leadership. I would like to acknowledge the work that Ms Kirner continues to do to encourage women of Lorraine Bartling all backgrounds to aspire to and reach leadership positions in their communities. It was great to see the Mr NORTHE — On a more positive note and in genuine warmth that greeted Ms Kirner at the lunch. I line with International Women’s Day tomorrow, I wish congratulate the law institute and Victorian Women to acknowledge Lorraine Bartling, OAM, and her Lawyers for organising the event, for continuing their amazing community contribution over approximately support for women in the legal profession and for 44 years to the Gippsland region. Lorraine will be advancing the legal rights of women in the community. honoured tomorrow with the launch of book simply called Lorraine’s Story — A Portrait of a Remarkable North Melbourne Legal Service: booklet Woman. Lorraine has been a member of many boards and is active in a range of sectors, including education, Ms KANIS — On Thursday, 28 February, I health, aged care, business, local government, music attended the launch of a booklet entitled Getting Past and Lifeline, to name just a few. She is a very humble Your Past — Moving on from a Criminal Record in lady and is widely respected across the Gippsland Victoria, which is published by the North Melbourne community. I know that Lorraine’s husband, Ken, and Legal Service. The service provides invaluable her family are extremely proud of her dedication and assistance to the people in my electorate, and the service to our community, as we are too. booklet is an invaluable resource to not only my constituents but also the wider Victorian community. I Osborne House, Geelong: centenary acknowledge the hard work done by the staff and volunteers at the service in producing the booklet and Mr TREZISE (Geelong) — Last weekend I had the also the pro bono support provided by Herbert Smith pleasure, along with the member for South Barwon, of Freehills. attending two great events held in Geelong. The first was the 100-year anniversary of Osborne House, which
MEMBERS STATEMENTS
Thursday, 7 March 2013 ASSEMBLY 793
was established as Australia’s first naval training base space for soccer referees to a meeting place for the on 13 March 1913. Following its use as a naval college, Zimbabwean community. Sunday was a colourful Osborne House had a strong ongoing relationship with Greek celebration coinciding with fasting prior to the Australian Navy, operating as a naval convalescent Easter. hospital after World War I, and between 1920 and 1922 it was the home of our first submarine fleet. At Mordialloc Community Centre: funding Saturday’s ceremony the top brass of the navy were in attendance, as was the federal Minister for Defence Ms WREFORD — On Friday I contacted the Science and Personnel, Warren Snowdon. I take this Mordialloc Community Centre with the great news that opportunity to congratulate Cheryl Scott and Graeme it had successfully secured $48 275 from the Palmer and their magnificent volunteer team for the community facility funding program. It is not every day enormous amount of work they did in arranging this an MP enters a community centre and receives hugs. important event. The centre is going to use the funds to expand its gymnastics program — — Geelong Highland Games The DEPUTY SPEAKER — Order! The Mr TREZISE — On Sunday, 3 March, I had the member’s time has expired. pleasure of attending the 2013 Geelong Highland Games at the Waurn Ponds campus of Deakin Regional rail link: construction University. The day was once again a fantastic success, Mr LANGUILLER (Derrimut) — I ask the with the sounds of bagpipes and drums, along with Minister for Public Transport to give the house an dancing, sports events and great food. This year was the up-to-date account of the budget for the regional rail first time that the games have been held at Deakin link project, in particular the redevelopments between University, and I must say it was a perfect location. Footscray and Deer Park. I ask him to reveal to the I take the opportunity to commend Vice-Chancellor house the cost to taxpayers of the grade separation of Jane den Hollander and Deakin University for their the new rail line at Wyndham Vale and explain why the active contribution to the success of the day. I also same developments will not happen along Forrest commend the executive committee, made up of John Street despite the traffic congestion at Fitzgerald Road. Fraser, the president, and his team, including chieftain I further ask him to explain to the house why, in light of Rod McKenzie, for its efforts in making the event a the Auditor-General’s financial report, the regional rail great success. link is two years behind schedule and a revised budget is yet to be announced. Ricky Hart I ask the minister to explain to the house why there is Ms WREFORD (Mordialloc) — My community no settled policy guidance on when to use was rocked recently by the sudden passing of Ricky noise-limiting measures in the construction of the Hart. Ricky was recently elected president of the regional rail link. This lack of policy guidance has Mordialloc Football Club. He was Mordialloc Cricket resulted in noise barriers being constructed arbitrarily. I Club’s junior cricket head and had a long history of ask him to explain to the house why there are no community involvement, mainly through sport. I met Victorian limits for railway noise, despite the noise with him recently to discuss the clubs’ needs. He was levels between Sunshine and Deer Park stations already certainly regarded as a local legend. I wish to pay exceeding the New South Wales and Queensland tribute to a great community member who will be sadly limits. missed. I ask the minister to consider the grade separation of the Hellenic Community of the City of Moorabbin: intersection of Fitzgerald Road and Forrest Street and festival the intersection of Mount Derrimut and Tilburn roads to mitigate the effects of increased traffic and trains, Ms WREFORD — Last Sunday I was amongst particularly at peak times. I ask him to provide a report thousands attending the Hellenic Greek festival in to the house on the expected increase in traffic and train Heatherton, which is in my electorate. The Hellenic density and on what is being done to mitigate the Greeks in my electorate are an amazing group of impact of these increases. Finally, I ask the minister to people. They make the most of their Madden Road site, explain why little effort was made to consult the using it for all sorts of community activities. They offer community of Ardeer about the regional rail project or everything from Greek language lessons to training
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
794 ASSEMBLY Thursday, 7 March 2013
give adequate information about the project’s impact on community. I ask that this be done as a matter of local residents. urgency.
Road safety: government strategy MAJOR SPORTING EVENTS AMENDMENT BILL 2013 Mr KATOS (South Barwon) — People in the country are three times more likely to die and 40 per Second reading cent more likely to be seriously injured in road crashes than those in metropolitan Melbourne. We know that Debate resumed from 6 March; motion of investing in the safety of our roads and roadsides is a Mr DELAHUNTY (Minister for Sport and proven measure for reducing road trauma, and we are Recreation). getting on with that as part of Victoria’s road safety strategy. The government has expanded the safer road Mr NORTHE (Morwell) — In closing, this is very infrastructure program by 30 per cent, resulting in a sensible legislation supported by all sides of the house $1 billion 10-year plan to fix some of the most and particularly by our regional sports assembly in dangerous roads and intersections in our state. That is Gippsland, with Doc Switzer and the team down there. on top of the $160 million over four years to assist As the Minister for Sport and Recreation always says, 40 country councils to fix problems left behind by the this is about getting more people more active more previous government and improve country roads and often. bridges. Under the motorcycle black spot program this government is also targeting popular country touring Mr CARROLL (Niddrie) — It is my pleasure to routes and specific sites that present particular risks for make a contribution to the debate on the Major Sporting motorcyclists. Events Amendment Bill 2013, which is a bill to amend the Major Sporting Events Act 2009 in relation to Furthermore, we are encouraging country drivers to events and event venues, crowd management, aerial keep themselves and other drivers safe by having advertising and sports event ticketing. The opposition never-ending conversations about road safety. The does not oppose the bill. The intention of the legislation Transport Accident Commission’s Talk the Toll Down is to improve crowd behaviour and safety at major campaign, through which community members have sporting events. shared the grief of road trauma and highlighted local road safety campaigns through local newspapers, has Key provisions of the bill include addressing crowd been widely embraced across the state. Our government management. It more than doubles the infringement will continue to engage all Victorians in the penalties for the possession and lighting of flares, conversation about road safety because we know we taking on-the-spot fines for possession from 2 penalty must all work together if we are to reduce road trauma. units to 5 penalty units, which equals $704, and for lighting flares from 3 penalty units to 7.5 penalty units, Torquay Tigers Junior Football Club: family which equals $1056. The bill adds to the offences for day which a person can be banned from events or event venues for up to five years, including disrupting the Mr KATOS — I was pleased last Sunday to attend event while invading the pitch, damaging the sporting the Torquay Tigers family day with my family. The competition space and refusing to comply with club’s new pavilion is fantastic and represents more directions to leave and not re-enter. The bill also than $1.5 million of investment. This includes a strengthens the powers of police and authorised officers $200 000 election commitment, which has been to enforce the crowd management provisions of the act, honoured by the coalition government. It was fantastic and it adds the Spring Racing Carnival to the list of to see 400 kids running around Spring Creek reserve. annual events permanently covered by the act. I will say something about that a bit later on. Dallas Brooks Community Primary School: soil contamination In relation to ticket scalping, the bill introduces an on-the-spot fine of $704 for the unauthorised onselling Mr McGUIRE (Broadmeadows) — I call on the or advertising of five or fewer tickets at a protected Minister for Education to intervene to fix the issue of event that has been deemed under the act. There are asbestos that has been discovered in the soil of the also some amendments to aerial advertising, in playground of the Dallas Brooks Community Primary particular adding One Day International and Twenty20 School, given that 50 students have already left the cricket matches held at the MCG and the AFL match school and there is great concern within my held on Anzac Day — it is good that they will be
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 795
added — to the list of major events that are Ballarat, Bendigo and Cranbourne, which are all big permanently covered by aerial advertising provisions. racing meets. They will also have to be included in the The bill also ensures that, where an event such as the act. AFL Grand Final is protected by aerial advertising provisions, any replay will also be covered. The previous government also updated a lot of the former AFL grounds, which now have major sporting The key elements of the bill are crowd management events held at them, including Arden Street — — and ticket advertising. As highlighted, doubling the effect of penalties for the possession and lighting of Mr Battin — They are all covered. flares is a good thing and something the opposition does not oppose. Many members would be aware that Mr CARROLL — They are not covered. You do not know what you are talking about. They are not late last year — this was recorded in the Age of 7 November — a 10-year-old girl was hit in the face by covered under this legislation. Read the bill. a flare that had been lit some 50 metres away. The DEPUTY SPEAKER — Order! Interjections Sometimes it can be quite difficult to find the culprits. are disorderly. The member will not respond to This happened at the Victorian Premier League Grand interjections and will direct his comments through the Final. As I mentioned, the girl was 50 metres away. She Chair. suffered burns to her face, and another young girl, aged 12, who was sitting next to her, suffered burns to her Mr CARROLL — I will, Deputy Speaker. If those shoulder. It is a welcome change to increase the opposite read the legislation, they will see that those penalties for lighting flares, and giving more powers to former AFL grounds are not covered. I think in the authorised officers and police officers to crack down future they will be covered, but at the moment they are and issue on-the-spot fines in relation to flares is also a not. They will need to be covered because they are peak good thing. sporting venues in this day and age. It was the Bracks and Brumby governments that redeveloped those In relation to ticket scalping and crowd management venues to make them suitable for elite sport. You will more generally, the legislation adds major events to not see a better ground surface right now than the one at those that are covered by the act, including the Spring Arden Street oval. The State Fencing Centre is there, Racing Carnival — in particular, the Melbourne Cup at and all sorts of major events are held there that one day Flemington, the Cox Plate at Moonee Valley, which a will have to be included in this legislation but at the lot of my constituents attend, and also the Caulfield moment are not. Cup at Caulfield. One issue with the legislation that needs to be highlighted is that these events are generally I take up the issue of sports event ticketing provisions, in suburban Melbourne. The bill does not go so far as to another Bracks government initiative. In particular it cover regional and rural Victoria. For example, I have was originally designed to combat the — — attended the races at Hanging Rock. Country racing is a big thing in this state. The now Premier and Minister Honourable members interjecting. for Racing is obviously a big supporter of country racing, and I think even he would agree that down the Mr CARROLL — The members opposite do not track this legislation will probably need to be updated to know what they are talking about, because sports event make sure that we have appropriate crowd ticketing legislation did come in under the Bracks management — — government. Again, they have not read the legislation or the explanatory memorandum. The Sports Event Mr Battin — It does cover it. Ticketing (Fair Access) Act 2002 was brought in to make major events more transparent. It probably could Mr CARROLL — The member for Gembrook have applied last night, given the major event that interjects, not that I want to respond. It was actually the occurred in this place. Perhaps it could have made the Labor Party that introduced this legislation; it was the major event that happened last night in the Liberal Brumby government. The government should have Party party room more transparent. done some more research to make sure. If you are going to make legislation, do it once and do it properly. Mr Battin — On a point of order, Deputy Speaker, The government should have done an update to include in relation to relevance, we are talking about the regional and rural Victoria and the country racing sporting bill; it is a very narrow bill. It does not relate to carnival in addition to the Spring Racing Carnival. I events that happen in the chamber; it relates to sporting believe that before 2014 we will be back, talking about events and venues around Victoria. other events, such as those at racing venues in Geelong,
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
796 ASSEMBLY Thursday, 7 March 2013
The DEPUTY SPEAKER — Order! I uphold the The state government has been accused of penny-pinching for point of order. I was going to interrupt the member on dumping funding for a major anti-sports violence program. his feet. I ask that he stay with the bill. … Mr CARROLL — As I said, the Sports Event Under the code — backed by some of Victoria’s biggest Ticketing (Fair Access) Act came in under the Bracks sporting names — clubs would miss out on government money if they did not crack down on ugly players and government. It was designed to help make the AFL spectators Grand Final more transparent. To date not many tickets are being issued to the public, and it is very difficult to It is time for the minister to come clean on how the get a ticket. The legislation introduced by the Bracks code of conduct is going to operate in the future and government has also been regarded as anti-scalping how he expects state sporting associations, and the legislation; it was a world first. It is about making the 16 000 local community sporting people who belong to AFL more transparent in its allocation of tickets to them, to implement it. members, clubs and sponsors. It is good to see that the current government is supporting that legislation and Ms WREFORD (Mordialloc) — I rise in support of that it is being added to and extended to other events. the Major Sporting Events Amendment Bill 2013. It is a very weighty bill and I can sense Labor’s fear because I now want to talk about the code of conduct for it contains the word ‘major’ and we all know how good community sport, another former government initiative. Labor is at major projects. This bill is not about major It invested $600 000 in this initiative. The current projects but it is about major sporting events that need Minister for Sport and Recreation was tongue-tied on additional authority, so Labor can breathe a little easier. radio 3AW when he had to explain the comments he This bill is about optimising outcomes at the biggest made to a Public Accounts and Estimates Committee sporting events and whilst Labor’s 2009 act tried hard, hearing last year, where he said: it needed to lift its game. This bill improves provisions for crowd behaviour and safety. It is part of our law and The other program that will conclude in 2011–12 is the community sport code of conduct. order agenda and Victorians deserve to feel safe when they are at sporting venues, or wherever they are, but in It no longer has funding. Essentially the minister needs this bill it is particularly about sporting venues. to come clean on how this code of conduct is going to continue in the state. I could probably help him out. I The government is strengthening the powers of think he was trying to shift the responsibility across to authorised officers and police at events, and it is the state sporting associations, but he has not given strengthening crowd management provisions. This them any additional funding to implement that. The government does not tolerate violent behaviour at code of conduct got a lot of publicity when it came in. sporting events. We believe sports administrators also In fact it is probably publicity this government would share that view. Violence is not good for any of the have welcomed at the time. Garry Lyon and all the codes and so we are arming sporting administrators major sports — from the AFL to Football Federation with the powers to act. The bill makes amendments to Victoria — got right behind the government to try to include major sporting events. Inexplicably Labor felt stamp out the poor behaviour that happens at suburban that key Spring Racing Carnival events like the grounds. It was a very popular initiative, and it is wrong Melbourne Cup and the Caulfield Cup were not major that it has not been funded. I hope the Minister for events. I have previously been to both those events and Sport and Recreation will reconsider funding it. they certainly are major events. We are including them in this bill, because they need to be run under the same There was an article in the Herald Sun of 4 June 2012 crowd management provisions and so we are doing that headed ‘They don’t get the message’ which highlighted permanently rather than issuing major sporting event just how important this program is and that it has been orders each year. very successful in combating the ugly behaviour that occurs at suburban grounds. A lot of young boys and The bill also refers to large events and ones where girls who participate in community sport are left with police or venues have requested support. The bill will mental scars from seeing not so much violence on the improve behaviour at Docklands Stadium, including the ground but adults on the sidelines, who should be concourse around the stadium that is within its control. behaving better, behaving inappropriately. They do not Docklands Stadium is unique in that it does not sit in get the message. I read from the Herald Sun of the middle of defined parkland, like many other Monday, 4 June 2012, an article which in part says: sporting places. Its boundary is the stadium itself, so the concourse is not currently defined as part of the event area. That means that how crowd noise and acts of
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 797
stupidity are managed in the venue differ from how The bill also allows for new infringement offences that they are currently managed outside. We are working carry penalties of 2 penalty units for the possession of through this bill to fix that discrepancy. alcohol not purchased at the venue, damaging the sporting competition space or equipment within the The bill also changes references to the Bob Jane space, entering a venue without a ticket or authority and Stadium to ‘Lakeside Stadium’, given that Lakeside climbing the roof of a building, which is actually only Stadium is its ongoing name. We are removing flags 1 penalty unit. Possession of alcohol not purchased at and banners from the definition of prohibited items in the venue can be a particular problem and makes it the act for the reason that what is appropriate varies harder to manage intoxication. In addition, alcohol from venue to venue. A blanket definition just does not containers can actually become weapons. Clause 17 is work. Venues can better manage this through about ramping up penalties for flares, and gone is conditions of entry rather than through the act itself. Labor’s slap-on-the-wrist approach to this offence. The bill makes it an offence to deface or damage a Clause 18 brings One Day International and the sporting competition space, which is common sense. Twenty20 cricket matches and Anzac Day football into Amazingly it is currently not an offence to enter a line with the AFL Grand Final as events where aerial major sporting event without a ticket or an authority, so advertising is limited. we are fixing that. We do not want people taking risks, climbing in, pushing down fences, rushing gates or The bill tightens the offence of ticket scalping so that using emergency exits unless they are being used in an you cannot advertise or sell small numbers of tickets for emergency. The bill expands the range of offences more than their face value without being subject to which can lead to a court-ordered ban from a venue, penalties of up to 30 penalty units. The existing and ground invasion still carries the biggest penalty, penalties still apply to sales of larger numbers of tickets, which it should, given the risks to the sport and to the and believe it or not, even after all those changes the idiots themselves. bill still makes other minor amendments to allow that to occur. The bill expands the offences that can lead to a ban to include defacing or damaging a sporting competition I noted yesterday when reading the Geelong Advertiser space or any structure, equipment or vehicle in a that the member for Lara still has not understood the sporting competition space; entering or attempting to bill. Some of these provisions will apply to events in enter an event venue contrary to the direction under the Geelong and some are not suitable for events in act; and refusing to leave an event venue after being Geelong. It should be noted too that the member for directed to do so or entering or re-entering or Lara never succeeded in having this act specifically attempting to do so after leaving an event under mention Geelong when his party was in government for direction. Some of these are similar to very successful 11 wasted years. laws that we introduced for licensed premises. Since those laws were introduced, there has not been the same This is a weighty bill; there is a lot involved in it. In amount of violence in Melbourne at night as there was summary, it will help to improve crowd behaviour and under Labor. That is a big win for communities like safety. It is part of our law and order agenda. We will mine. not tolerate violent behaviour at events, particularly sporting events. This bill expands the list of major The bill also allows for the request of names and sporting events and refers to large events, which are addresses in certain circumstances, and that is important ones in relation to which the police or the venue to identify repeat offenders. Clause 10 inserts a new operators themselves have requested support. The bill provision into section 84 of the principal act for an extends provisions for safety management to the authorised officer to direct a person to leave for the concourse at Docklands Stadium; changes references to offence of unsafe or unreasonable behaviour. Clause 15 Bob Jane Stadium in the act to ‘Lakeside Stadium’; inserts a new provision into section 90 of the principal removes flags and banners from the ‘prohibited items’ act to allow for someone to be directed to leave or not definitions; makes it an offence to damage a sporting be allowed to enter should they refuse to reveal the competition space; and makes it an offence to enter a contents of their pockets. Clause 12 allows an major sporting event without a ticket. The bill expands infringement penalty of 1 penalty unit for refusing to the range of offences which can lead to bans, and this is provide an accurate name and address. Clause 13 similar to what we did with our very successful laws for inserts new section 88A into the principal act which licensed venues, as I said before. The bill allows for provides for authorised officers to request names and addresses to be requested in some identification, and a penalty of 5 penalty units can apply circumstances, provides for ejection of people for for refusal to do so. unsafe or unreasonable behaviour, allows for pocket
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
798 ASSEMBLY Thursday, 7 March 2013
searches, provides penalties for refusing to provide an people like Paul Carroll and his team at the Geelong accurate name and address and allows for new Racing Club. Having been to the Geelong Cup on many infringement offences. It ramps up the fines for using occasions over the years I can say that there have been flares, limits aerial advertising, tightens up on ticket instances of brawls taking place in the crowd and other scalping and more. This is a weighty bill that will help examples of violent behaviour, again by a few to improve safety at major sporting events, and I unwelcome drunken thugs. We have eliminated most of commend it to the house. that sort of behaviour, as I said before, through the great work of the racing club. Mr TREZISE (Geelong) — I am pleased to be speaking on the bill before us today, the Major Sporting However, if we are going to implement crowd Events Amendment Bill 2013. As previous speakers on management provisions at the Melbourne Cup and the this side of the house have indicated, the opposition is Caulfield Cup, I support the member for Lara’s call for supporting the bill — and rightly so, because the the provisions to be extended to the Geelong Cup and intention behind the bill is to contribute to an other regional cup meetings, such as the Bendigo and improvement in crowd behaviour and safety at major Ballarat cups. People want to take their families and sporting events. As the member speaking before me friends to those major cup events and be sure they are said, gone are the days when we will tolerate violence going to have a good day free from any type of threat of at any sporting event. Unfortunately in recent months violence. It is important for regional centres like we have seen incidents at soccer games. Soccer is a Geelong because the Geelong Cup is one of our major great game that is enjoyed by tens of thousands, if not events. It is held on the third Wednesday of October hundreds of thousands, of people across this nation. To each year. It attracts tens of thousands of people, who see a couple of thugs and fools spoil soccer matches in go to it to enjoy themselves. As the Melbourne Cup and Melbourne is disturbing. It is very disappointing for the the Caulfield Cup are important to Melbourne, so too is Victorian Soccer Federation and for the thousands of the Geelong Cup important to the people of Geelong. fans and members of families who go along to soccer matches to see one or two fools, and in some instances The bill extends the crowd management provisions to thugs, spoiling it for everybody else. Of course we the concourse around Docklands Stadium. We support support this legislation. that; it will bring the provisions for the concourse into line with those that apply to the internal part of the We have talked about the cricket previously. I can Docklands Stadium and also to the MCG. But again, as recall, for example, going to test matches in the 1970s was pointed out by the member for Lara, by the and 1980s, and even into the 1990s, where you would Geelong Advertiser in its editorial yesterday and by the see a few people in the crowd spoil it for families. I Geelong Football Club through its CEO, Brian Cook, recall taking my two daughters, who were young at the these provisions should be extended to Geelong’s time, to a cricket match at the MCG and having a few stadium. Brian Cook, as we all know, has done a fools sitting in front of us spoil the whole day for magnificent job with Geelong since 1999, with the club everybody. That type of behaviour cannot be tolerated having won three AFL premierships — and no doubt at the cricket, at the soccer, at the football or at the we will be looking at a premiership in 2013 as well. races. I am pleased to see that the crowd management Brian pointed out again that he would have liked to provisions in this legislation will also cover Spring have seen these provisions extended to Kardinia Park, Racing Carnival events, including the Melbourne Cup or Simonds Stadium, as it is called now, because it is and the Caulfield Cup. the third major stadium in Victoria and the major stadium in Geelong and regional Victoria. If provisions While supporting that — because we have seen loutish are to be extended to cover Docklands Stadium, I behaviour at the Melbourne Cup — I should also say support the football club’s call that they be extended to that I agree with the shadow Minister for Sport and include Simonds Stadium. Recreation, the member for Lara, the Geelong Racing Club, the Geelong Advertiser and no doubt the wider This is good legislation, but to some degree it is either Geelong community that these provisions should be lazy legislation, in that the government did not pick up extended to events held in regional Victoria, such as the the provisions in the first place, or legislation with Geelong and Ballarat cups. I have attended Geelong loopholes that are so big you could drive a truck Cup meetings for nearly 30 years in a row — although I through them, so to speak. Its provisions should be could not go last year because the Minister for Racing extended to cover events in regional Victoria such as scheduled a parliamentary sitting day on the day of the the Geelong Cup, the Ballarat Cup and the Bendigo event. It is a great event, and crowd behaviour has Cup and to cover Simonds Stadium. improved vastly over the last couple of years thanks to
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 799
Thanks to both governments in recent years we have Ms McLeish interjected. seen the growth of Kardinia Park, or Simonds Stadium. The major grandstand being built at the southern end of The DEPUTY SPEAKER — Order! The member the ground at present will bring the capacity of the for Seymour! stadium to approximately 34 000 people. It will be a significant stadium. It will host not only AFL Mr KATOS — I am proud of the fact that we do matches — involving the Cats of course — but also not have to extend this legislation to cover Simonds Twenty20 cricket. It is envisaged that in the future Stadium, because that speaks positive volumes about Rugby and soccer matches will be hosted there. the good nature of Geelong’s sporting fans when they Therefore it is important that the new crowd control attend events. I have attended many matches at provisions in the bill are extended to cover Simonds Kardinia Park, or Simonds Stadium — it has had many Stadium. names of recent times with sponsorship changes — and I have never seen goings-on such as those at Etihad Having said that, and knowing that a number of people Stadium, or Docklands Stadium. I have never seen want to talk on this bill, I will wind up my contribution. people in the outer at Simonds Stadium lighting flares I indicate that we on this side support the bill. I or doing anything of that ilk. I have never seen any understand where the minister is coming from in behaviour such as destruction of seats or other property relation to crowd control, but I emphasise the point that Kardinia Park. it is important that we extend the new provisions on crowd control to regional areas such as Geelong, Mr Trezise interjected. Ballarat, Bendigo and even Warrnambool, in the Mr KATOS — The member for Geelong claims Premier’s seat of South-West Coast, to ensure that that I am at the president’s lunch every week. I actually people and their families can go along to major sporting do have tickets for seats in what was formerly known as events including their regional cup days and enjoy them the Reg Hickey Stand, now the Doug Wade Stand. and not be interfered with or annoyed by thugs or Unfortunately last year I could not sit in them because a others engaging in unruly behaviour. I wish the bill a new stand was being constructed with a $26.5 million speedy passage through the house. commitment from the coalition government.
Mr KATOS (South Barwon) — It is my great Last night the member for Lara also spoke about pleasure to rise this morning to make a contribution in increased funding for sport and recreation. He talks support of the Major Sporting Events Amendment Bill about that, but he could not find any time in his busy 2013. I would like to begin by reflecting on some of the schedule as the shadow Minister for Sport and contributions made by other members, particularly the Recreation to support the Stead Park hockey centre in contribution made last night by the member for Lara, his electorate. which was one of the most ridiculous contributions to a second-reading debate I have heard in the two years and Mr Eren interjected. three months I have been in this place. In his constant pursuit of the negative, the member for Lara was Mr KATOS — The coalition government has just bemoaning the fact that this legislation, which is being funded a badly needed second synthetic hockey pitch at introduced to stamp out antisocial and hooligan that facility. I was happy to write a letter to the Minister behaviour at major sporting venues, does not apply to for Sport and Recreation in support of the submission Simonds Stadium. It is good to see that the member for made by the City of Greater Geelong. Lara has come into the house to listen to the debate. Mr Eren interjected. I quote what the member for Lara has said, as reported at page 3 of yesterday’s Geelong Advertiser: The DEPUTY SPEAKER — Order! I have asked the member for Lara to cease interjecting. The member Labor’s sport and recreation spokesman, Lara MP John Eren, for Geelong has had his opportunity. said Geelong’s omission from the Melbourne-centric crackdown sent a veiled message sporting hooligans would be Mr Eren — On a point of order, Deputy Speaker, tolerated here. the member is now straying from the bill. As indicated, Honourable members interjecting. he should stay on the bill. He is clearly straying from the bill. This debate is not about me or my commentary The DEPUTY SPEAKER — Order! I point out to about the bill; this debate is about his government’s the member for Lara that the debate has been quite legislation that is before the house. I urge you to ask dignified and sensible. I ask him not to disrupt it. him to come back to the bill.
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
800 ASSEMBLY Thursday, 7 March 2013
The DEPUTY SPEAKER — Order! If the member The bill also consolidates the powers under the act to for Lara had been quiet, I would have been able to ask for a person’s name and address. This includes listen to the contribution by the member on his feet. giving police the power to ask the name and address of The member is inviting interjections. I ask him to cease. a person who has been ejected from a stadium for If he wishes to continue, I will be asking him to leave disruptive behaviour, and that is very sensible. If the chamber. someone is ejected from an event and they find their way back in, the police will know that person has been Mr KATOS — As I said, when it came to lobbying ejected because their details will have been recorded. for that money, the member for Lara was nowhere to be The present offence of refusing to give a name and seen. address or giving a false or misleading name and address to an authorised officer is strengthened by Mr Eren — On a point of order, Deputy Speaker, I increasing the penalty for doing so. In relation to names again point out that the member is straying from the and addresses, we do have to be mindful of the privacy bill. This is not about me or my commentary about this of individuals who give their names and addresses in bill. good faith. A new offence is created for the The DEPUTY SPEAKER — Order! I uphold the inappropriate disclosure of such information by an point of order, because I was actually able to hear the authorised officer who is not a member of the police. member. There are increased penalties for the possession of Mr KATOS — The coalition government has made BYO alcohol and the possession of flares. For some good investments in sport out in Geelong’s north, and I reason the use of flares seems to be a soccer thing. For am very proud of that. the life of me I do not understand why people take such devices into sporting events and light them. It is The bill before us today amends the Major Sporting dangerous for those sitting nearby. It just makes no Events Act 2009. Obviously the main objectives of the sense whatsoever, but unfortunately it seems to be a bill are to improve crowd behaviour and the safety of tradition that tends to follow soccer games. You do not patrons at major sporting events. It also provides see it at cricket or AFL matches. It is quite a bizarre additional support to combat ticket scalping. The bill practice. I do not understand why anyone would do applies selected provisions of the act to the concourse such a thing. around Docklands Stadium on days when an event is being held. That is important, because people who live The bill creates a new offence that prohibits the in the area might go to the local shops to buy some beer scalping of a small number of tickets to a major and carry it home. That is not against the law, but you sporting event, which will carry an on-the-spot fine of would not want to be doing it on AFL match days. That 5 penalty units, or $704.20 at present. The bill will amendment is quite sensible. These provisions will allow for a police officer or the Director of Public specifically target the use of flares and other dangerous Prosecutions to initiate legal proceedings for a ticketing and unreasonable behaviour outside that stadium. offence. At the moment only the Department of Business and Innovation can do that. Giving the police The bill removes the prohibition on flags and banners that power will free up departmental resources. A of a certain size. As the member for Mordialloc said, member of the police force will be able to seize and what is deemed appropriate will depend on the venue retain tickets from a scalper. A police officer may also and the event. The bill also makes it an offence to ask a person who has purchased tickets from a scalper damage or deface a sporting competition space or any to temporarily surrender them for the purposes of structure, equipment or vehicle in that space. Obviously gaining evidence. we do not want to see that sort of behaviour. A new offence is created of entering an event venue without a This is sensible legislation. As I said earlier, I do not ticket or authority when a major sporting event is being believe these problems exist in Geelong. I am very held. I believe they have had problems at the tennis proud of the community of Geelong for the way it centre with people congregating at fences, pushing conducts itself during sporting events at Simonds gates in or jumping fences and entering the event Stadium in particular, and even at the Geelong without tickets, so it is important to create that offence. racecourse. As the member for Geelong said earlier, There is also an expansion of the range of offences years ago there were problems at the Geelong which can trigger a ban order, including entering the racecourse — drunken and loutish behaviour — but competition space of a venue. those have been cleaned up. When you go to the Geelong racecourse now on Geelong Cup day, you will find that it is an excellent event. The minister will have
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 801
the power to extend these provisions in the future to were let off during the game between the Oakleigh Simonds Stadium, to Geelong racecourse or to a venue Cannons and Dandenong Thunder. It was the premier in Bendigo. It is not the case that once this bill goes league grand final for 2012. I certainly think a bill that through the Parliament we will never see any changes introduces stronger penalties for the possession and again. I am confident that the community of Geelong is lighting of flares is a good thing, but my great concern very sensible. Community members are very well is how people were able to get these flares into the behaved when they attend football matches at Simonds grounds in the first place. Stadium. I have four small boys and I am quite comfortable taking them there. I am very happy to On that occasion I arrived earlier than the scheduled commend this bill to the house. premiership match which followed — an A-league game between Melbourne Heart and Wellington Ms BARKER (Oakleigh) — I am very pleased to Phoenix — and I was very pleased to be able to watch make a small contribution to the Major Sporting Events some of that match. On approaching the gate there were Amendment Bill 2013, which amends the Major several security people there. I was asked to open my Sporting Events Act 2009 in relation to events and handbag — that is all I had — and I was pleased to event venues, crowd management, aerial advertising allow the security people to check my handbag. and sports event ticketing and for other purposes. I would like to focus particularly on the sections of bill As I said, however, I cannot help but wonder how which extend the crowd management provisions to people got those flares into the ground with such additional major sporting events and venues, further security as was supposedly out the front of AAMI Park provide for the powers of authorised officers in relation stadium. There were not just flares; there were at least to crowd management, provide for new offences and two, if not three, rocket flares. That people can get a infringement offences, and enhance banning orders. I rocket flare into a ground — into AAMI Park or Etihad do that mainly in the context of what some call soccer Stadium at Docklands, where there are security staff on but I call football. the gate who are supposed to be checking whether or not people are carrying these items — is something that In making my contribution to this bill I indicate that I desperately needs to be looked at. have been a very strong and loyal AFL supporter for a long time. Unfortunately I need to indicate to the I realise the government is not responsible for the member for Geelong that my team is Essendon — and security at major event sporting stadiums, but this is the Oakleigh Amateur Football Club, of course, where I something that should be discussed fully by the am the no. 1 ticket-holder. I am, however, also a very minister with those who are organising these games. strong fan of the other football code, or soccer, as some Those rocket flares were let off from the Dandenong might call it. I am the proud no. 1 ticket-holder for the Thunder supporter area during the game and regrettably Oakleigh Cannons Football Club, which plays in the caused injury to two girls. Luckily they did not cause Victorian Premier League. I have supported Melbourne more injury, even though they could have. As I said, Victory since the introduction of that team to the they were not just flares. Flares are bad enough, but national A-League competition, which is a very good these were rocket flares. competition, and in recent times, apart from during the Melbourne derby games, I keenly follow the progress Football Federation Victoria (FFV) has dealt with the of Melbourne Heart. I should also indicate that I am a matter to the best of its ability through its tribunal very keen English Premier League supporter, so I know system, and that has resulted in heavy fines for the a little bit about football, and I look forward very much Dandenong Thunder Soccer Club as well as the closure of home games. Now, this is premier league; this is not to the continued improvement of the team I follow, the Liverpool Football Club. A-league, which is played at major sporting stadiums such as AAMI Park or Docklands. To my knowledge There has been a lot of publicity in recent times with the perpetrator or perpetrators who let off those flares regard to football, with several appalling incidents and rocket flares have not been caught. Imposing concerning crowd behaviour and the use of flares. One heavier fines is only good if you can actually catch the of those incidents, as I understand it, would be covered perpetrators — the persons letting the flares off. In all by this legislation if it were to occur in the future, as my experience of attending games I do not know if would any such incident that occurred at an event those who do that have been caught or evicted. As I deemed to be a major sporting event — particularly if it said, I do not oppose the introduction of heavier fines, were held at AAMI Park or at Etihad, or Docklands, but I question how that alone can contribute to stopping stadium, which are referred to in the bill. I was at the appalling behaviour of carrying flares and letting AAMI Park stadium when the flares and rocket flares them off.
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
802 ASSEMBLY Thursday, 7 March 2013
I note that on page 5 of the second-reading speech, away believing that sort of behaviour is appropriate referring to clause 17 of the bill et cetera, the minister when supporting a team and criticising the opposition. says: We do not oppose the legislation. I do not oppose the The government wants to make it crystal clear that the use of fact that it increases the fines applicable for the carrying flares at sporting events … is totally unacceptable in our of flares or that it introduces some control over community. antisocial behaviour. Work must be undertaken, Of course it is totally unacceptable, not just at major however, at a level below the A-league, AAMI Park sporting events but at all levels of sport. I again refer to and Docklands Stadium to get to the root of the the premier league and the issue of what must be done problem and make sure that we do something at that level — at a more community level, if you like, constructive about this into the future. although the premier league is a pretty high level of game — to combat the carrying and use of flares. As I Football — or soccer, as some may call it — is a said, I attend premier league games, and it is fantastic game. Where I go at a community level — to unfortunately a common occurrence at this level of the the Oakleigh Cannons premier league and junior teams game that flares are both carried in and used. As I also soccer matches — is community, and that is where we said, in the second-reading speech the minister must start. We must give groups like FFV more power indicated the bill would contribute to improved crowd and funding to try to change the culture and make sure behaviour and safety at major sporting events. The that in the future we can all attend these matches speech says: without the problems of flares and rude and offensive chants. We must ensure that the kids who want to play The Victorian government has no tolerance for violent soccer — or football — grow up knowing that is just behaviour at sporting events, whether they are at the elite not appropriate. That is why we must strongly enforce a level or at community sporting events. code of conduct and provide funding to sporting That is my whole point. I should say to the minister that organisations such as FFV to undertake far more it is not just the Victorian government that has no intensive education, and it is why there needs to be the tolerance for violent behaviour; it is all of us — all ability to fine and impose sanctions on clubs that do not members of this Parliament and the majority of the do constructive work with their supporters to make sure members of the community. I again indicate that it is at that the game is not brought into disrepute. the community level that work needs to be undertaken. The minister has just come into the chamber, and I am It is all well and good to issue fines and to increase the very willing to work with the minister and with penalties for the carrying and use of flares, but unless Football Federation Victoria. I have had lots of you catch people doing it and unless you change the discussions with the FFV. I am very willing to work in behaviour in the first place, it is going to continue. that way with the minister to try to ensure that this sort The issue of safety at football matches is not just about of behaviour at community level football is stopped letting off flares. It is also about the antisocial once and for all and that we do not have to impose the behaviour of some fans — not all, but some. As I said, I fines in the first place. regularly attend my local football matches, mainly at Ms McLEISH (Seymour) — I am pleased to make the Jack Edwards Reserve in Oakleigh, and while I a contribution to the debate on the Major Sporting certainly cannot, even under parliamentary privilege, Events Amendment Bill 2013, which began last night. I repeat some of the chants I have heard from some must say that although the bill is supported by the groups of fans, I can put on record that they are opposition, the contribution by the lead speaker was extremely crude, they are offensive and they should not one of the most ordinary I have heard. With 8 minutes be allowed to continue. I am not against chants — in of his speaking time left he said, ‘I don’t know what fact I think that in many instances they contribute to the else to say’, but this morning he has interjected to say, atmosphere of the game — but there needs to be a level ‘Oh, I forgot to put in this and that’. It has been a fairly of responsibility taken by supporters and some power ordinary performance from the shadow minister, a on the part of FFV to ensure that clubs recognise their member who in the past has made faux pas such as supporters should not be engaging in this sort of saying that the government should subsidise kids to antisocial behaviour. There are always children and learn to swim through a program which the opposition young people at those games — always — and they did not fund when it was in government and which we should not bear witness to such antisocial behaviour or had to save and had already saved when he made his hear inappropriate and crude chants and therefore go remark. Given mistakes like that and his lack of
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 803
diligence in his portfolio, he really needs to pick up his that was spread internationally. That sort of coverage is game. not good for the marketing of Melbourne as a host to major sporting events, so I am pleased we are Mr Eren — On a point of order, Deputy Speaker, toughening our stance on inappropriate behaviour in this is now the second speaker from the government quite a number of areas. who does not know what she is talking about. She should stay on the bill, because clearly she has strayed An area that is being strengthened is that key Spring from the bill. This bill is not about me. Racing Carnival events are being added to the list of events covered by crowd management provisions. The DEPUTY SPEAKER — Order! Is the point of There are eight events in total. There are four events at order that I am to draw the member back to the bill? I Flemington, three at Caulfield and the Cox Plate at do uphold the point of order and ask the member to Moonee Valley. There are protections that apply on the come back to the bill. day for all those major events. It is important to understand that the changes being made here are really Ms McLEISH — I thought part of my contribution focusing on major sporting events and event venues was being able to refute some of the comments made that have already experienced crowd management by the opposition in debate, which is exactly what I felt issues, rather than a blanket approach being taken. I was doing. The purpose of the bill is absolutely about There have been some issues at the Spring Racing improving crowd behaviour to improve safety for all of Carnival. Around 100 000 people can go along to us at major sporting events. It is not just safety for Victoria Derby Day or Melbourne Cup Day and enjoy spectators but also for the officials and athletes. It is it, but occasionally things can get out of hand when you really important that these matters be addressed. A have that number of people together. couple of other very important elements are that it provides additional protection at events from ambush The concourse at Docklands Stadium is now being aerial advertising and introduces a number of measures brought into the fold on days when events are held at to combat ticket scalping. the stadium. For example, it is illegal to have flares in that area. Previously it was illegal to have them inside Why are we making these changes? It has been well the venue, but it will now also be illegal on that large documented that in recent months there has been some concourse. The bill also removes a prohibition on flag absolutely appalling crowd behaviour. We have seen banners of a certain size because there are different damage to public property, with seats having been local controls at the various venues. Offences are also pulled out at Docklands, we have seen serial pests introduced covering the damaging or defacing of disrupt events, and we have seen surfaces being sporting surfaces, structures and vehicles. As I have damaged. There has been a whole host of things, so it is said before, we had some examples earlier in the year important that we really strengthen this area and where the stadium at Docklands was damaged to quite toughen our stance on these things. From my an extent, and in the past grass surfaces have been perspective sport is a key to life. It is important that damaged to such an extent that play was held up. young people participate in sport at the community level and as part of that participation go and watch We have added a range of offences to those that can adults who are playing sport at different levels, trigger a ban order, including the disruption of an event including at the elite level. It is very important that while the competition is taking place, and we have had young people have positive role models and can go lots of issues with serial pests. There was one serial pest along to events to see elite sport being conducted in a number of years ago who fronted up at and disrupted safety. It gives them something they can aspire to. almost every major event. We have also had instances where people who have been removed from a venue Another element of the purposes of this bill is that have re-entered the venue, and a range of offences are Melbourne has long been touted as the sporting capital created around that. There has been a grey area around of the world — and I certainly do not dispute that at any the ability of police to ask for names and addresses of level. Sport is important to the culture of Melbourne, people who are being asked to leave a venue, many of and when we have major sporting events that are whom are escorted out. This provides clarification of covered internationally what we want on the news is the what has been a grey area. The bill also introduces promotion of Melbourne as having the ability to host penalties of up to $140 or 1 penalty unit for a person fabulous sporting events. We do not want the coverage who does not supply their name and address. to include bad and antisocial behaviour. I know a couple of years ago at the tennis there was an In addition, on-the-spot penalties for the possession of altercation between two participant groups, and news of alcohol and flares have been increased. The member for
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
804 ASSEMBLY Thursday, 7 March 2013
Oakleigh commented on security bans being in place in proud record in this area. In fact, the three acts were our terms of what you can bring in, and I take up her acts. The legislation was one part of the armoury of comments because despite people being checked at a strengthening major events. The other is the funding number of levels as they enter events — I attend the stream — to be competitive and to attract these events MCG quite a lot and it happens every time — still from around the world, when many other cities and flares and alcohol manage to get in. destinations also want to attract them.
Now there is provision for on-the-spot fines. With Our great sporting reputation extends from Edwin alcohol it is related to the fact that you must not have it Flack, who won gold for Australia in the Athens in your possession. So if somebody has taken a Olympics in 1896, to Melbourne being the Olympic watermelon in, for example, and it is laden with city in 1956, and then to sport helping rebuild the alcohol, an on-the-spot fine can be imposed. With flares reputation of the state and build travel, tourism and and/or distress signals or fireworks, an unlit flare trade out of those events. Labor recognised the attracts a fine of 5 penalty units, or $704, and one that is importance of doing that. That is why the Melbourne lit attracts a penalty of 7.5 units, which is just over Major Events Company, as it was known at the time, $1000. The venues at which these penalties will apply was set up around 1990–91, in the period when Joan are the ones we have been working with and which Kirner was Premier and we bid for what ended up have asked for these sorts of measures: AAMI Stadium, being the Atlanta Olympics after our bid was beaten by Melbourne and Olympic Parks, the MCG, the Coca-Cola. Melbourne Sports and Aquatic Centre, and the State Netball and Hockey Centre. As part of that bid process we realised we could go beyond politics, because sport brings people together With regard to aerial advertisements, provisions have beyond politics and can be an economic driver for the been made such that some events with permanent state. We have a huge range of skills not only in coverage do not require the minister to sign off on the sporting talent but in having the know–how to build the deal in each case. We have had occasions where events best facilities in the world, to operate events and to have had to be rescheduled, and the organisers have understand the associated infrastructure around events, needed to come back to the minister. That degree of red such as the marquees and service areas. We know how tape can easily be overcome by it all being rolled into to promote events, how to ticket events and how to tie one. An example would be the drawn grand final which that into travel and tourism. The former government we recently witnessed, and the aerial advertisement recognised that these were major strengths that could provisions include events such as Twenty20 cricket at help drive a rebuilding of the state. the MCG and the AFL on grand final day. That is why when we were in government — and I had I also want to mention the important changes to the the opportunity of being minister responsible for this scalping laws, with protection for fans. Scalping has area for seven and a half years — we massively grew been around for a very long time. My father recalls it the funding available for major events. We not only happening even at the 1956 Olympic Games. This strengthened the existing events for Melbourne but we measure, which is around the prohibition of a small established a deliberate strategy to grow events and to number of tickets, will protect the fans. It attracts a seek and attract events that might have been small for penalty of 5 penalty units, or $704. It has also been Melbourne but were very big and important for regional extended so that the police or the Director of Public Victoria. Examples include the impact of the World Prosecutions are able to bring a proceeding forward for Hot Air Balloon Championships in Mildura and the a ticketing offence, whereas at the moment it is just the impact of the International Association of Athletics department. A lot of information has been covered in Federation events and the Union Cycliste Internationale the bill. It is quite wide reaching, and again I emphasise cycling events in Geelong. These are all events of the importance of improving crowd behaviour and significant economic value for regional Victoria, and antisocial behaviour at our major events. we grew them beyond sport to pick up another strength we have as a state, which is building major events Mr PANDAZOPOULOS (Dandenong) — I am around cultural attractions, such as the Melbourne pleased to speak on the Major Sporting Events Winter Masterpieces at the National Gallery of Amendment Bill 2013. It consolidates three acts into Victoria, the Pompeii exhibition at the Melbourne one and strengthens a range of provisions. This is part Museum and the Pixar events at the Australian Centre of the armoury of extending one of the greatest for the Moving Image. reputations this state has, which is around the major sporting events calendar. Labor, when in office, had a
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 805
Returning to sporting events, as much as I have enjoyed done in the past. The bill strengthens provisions around sport I have been much more interested in sports scalping, which needs to be done. You might ban management, economic value and the tourism that it certain things, but there are also more creative ways of brings to the state and how it helps brand and promote dealing with issues. Crowd behaviour is clearly an the state overseas as we build awareness and the brand issue. One of the major impediments to the growth of a of Melbourne and Victoria to trade around the world sport that I love, football — which others call soccer — and attract investment and sell our ideas and products to is, unfortunately, crowd behaviour. There is no role for the world. Having listened to government members flares. Many young people attend these events. One of speak, the thing that has been most glaring to me is the the clubs that has been mentioned is Dandenong role of the now opposition in acts we have had in the Thunder Soccer Club, which is a great club in my past. One of the acts covered in this bill concerns electorate. Young people see sporting events as fun scalping, which we introduced as part of our things to attend, but they do not realise there are government’s policies. There were no laws against consequences for patrons if something goes wrong. It is scalping until the scalping legislation was introduced in disappointing and hurtful to me and others who love 1999. soccer and want to see it grow that this has been one of the barriers to the growth of the sport. Then as we moved across to the area of the Commonwealth Games we realised that there were a It is fantastic that, as participants in A-league games, number of regulatory impact and crowd management premier teams like Dandenong Thunder, Oakleigh issues, and aerial advertising and broader advertising Cannons and others can access great stadiums like issues that we had to manage as part of the Etihad Stadium at Docklands, but the thing that Commonwealth Games, and we realised that these undermines growing the state league competition is same things applied to all of the other major events that unruly crowd behaviour and the use of flares. There is we have, whether it is the Australian Open Tennis no role for flares — not at a soccer game or any other Championships, the grand prix, the motorcycle grand event. We have seen flares being used at tennis events. prix, the Spring Racing Carnival or the Melbourne Cup Their use undermines the sport that these young people Carnival. All of those events needed a similar regime, say they love. Getting rid of flares is not only about which is why we put sports management legislation in imposing penalties; it is also about the way place at the time, as well as a separate aerial advertising communities and clubs manage their supporters, which act. We realised that this regime had to be there because is very hard. I know Dandenong Thunder has spent a we were attracting more events, but when you look at lot of time trying to work with its supporter base so that all those debates, at the time government members this kind of behaviour does not happen. The regime were talking about all the great new events that were under this legislation, which includes fines, will be part being attracted to the state. of the solution. As the member for Oakleigh said, there are issues relating to the fact that when people go to It is very telling that in the contributions of members Etihad Stadium their bags are checked. How does this there has hardly been any reference to new major stuff get in? Maybe we need to have a broader focus on events that have been attracted to the state, and part of this sort of thing to make sure that if there are search that is because the funding cap has not increased. Given provisions, searches are undertaken adequately. that the funding cap has not increased but the costs of Prohibited items are clearly getting through the system the grand prix have increased, there is less funding somehow. available to attract a whole lot of other events. It is problem for government. It was a problem for us when Extending aerial advertising was an issue when we we were in government; we kept on increasing the cap brought in the original act. There was concern about it while trying to tackle the grand prix costs. It is an area across government. No-one likes to ban certain types of that limits a government’s capacity. Maybe that is why activities, but the reason we banned aerial advertising government members are not talking much about the was that the state had invested a huge amount of new major events that are being attracted to Victoria. resources in it, and other cheap-shot companies were They are in a holding pattern, supporting the existing trying to take advantage of the state and private sector events and seeing what they can do in relation to the investment, which had attracted events, to ambush grand prix. market. We saw this at the Melbourne Cup and the grand prix. We have even seen it at the tennis. It is Nonetheless, these provisions are very important when important that we tell these smart alec corporates this is dealing with reputation, because when things go wrong not part of the game. There are many marketing there is a whole lot of reputational risk. That is why this opportunities available to them other than ambush bill is so important; it recognises the work that has been marketing, which unfairly affects the sponsors that pay
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
806 ASSEMBLY Thursday, 7 March 2013
a huge amount of money, in addition to the state’s course in life. It teaches them about winning, losing, investment, for those events to remain in and be success, defeat and about being gracious in victory and affordable to the state. Government buys the events at humble in defeat. We need to have the right the lowest cost possible and defrays a number of the environment for our kids to learn the terrific life skills operating costs by bringing in and securing high-value they derive from sport. Not only is sport important sponsorship. The only way we will maintain the value socially; it is also critical to the local economies of of that sponsorship is by tackling these rogue operators many towns and it delivers healthy and active lifestyle who think it is easy game to go out there and ambush outcomes. As a board member of VicHealth, I have a market. strong appreciation for that.
I commend the bill; it is part of the necessary armoury In order to encourage increased participation in sport of a major event state. The world looks at the things we and allow people of all age groups to get the most out do, and every time we enact stronger regulatory laws of sport, it is essential to have not only the right around these areas the world wants to copy us. That is facilities but also the right culture in and around something we should be proud of. I hope the new sporting events. We are providing a lot of assistance to Premier refocuses on major events and has a look at local councils and clubs to improve community sport that funding cap and at what he can do. We need more and recreation facilities with a number of programs international sporting events in Victoria. They are part across government. In the relatively short time that I of the bread and butter of tourism in the state. Sports have represented my region in this house, I have seen tourism makes us different to the rest of the world and significant upgrades to soccer facilities at Howitt Park, is one of our key strengths. This is an area that has been to the Lakes Entrance Croquet Club, the main oval at slipping recently, but this legislation will improve the the Bairnsdale recreation reserve, Maffra oval and the things we already have. Heyfield tennis courts. Just last week, upgrades to the Coongulla and Omeo recreation reserves were Mr BULL (Gippsland East) — I rise to speak on the announced. These are all great announcements for rural Major Sporting Events Amendment Bill 2013. It is a and regional areas. pleasure to follow the member for Dandenong’s contribution to the debate. While I agree with 90 per Getting to the culture of sport, role models are cent of what the member for Dandenong espoused in particularly important in sending the right messages to his valuable contribution, I put on the record that people and in having the right rules in place. For this Victoria continues to attract and run major sporting reason, major sporting events are important in Victoria events. Indeed we will soon host an ironman world not only for the aspiring sportsmen and women who are championship event in Victoria. We will also soon be competing but also for our quality of life, our economy hosting the Asian cup and some of the round matches and our reputation around the world. As speakers for the International Cricket Council’s Cricket World before me have espoused, Melbourne has an enormous Cup competition. Not only are we bringing events to reputation for sporting excellence and is considered by metropolitan areas, but we are also attracting events to many to be the sporting capital of the world. With the rural areas. We recently hosted the world snooker events that the Minister for Sport and Recreation, who championships in Bendigo. This government continues is at the table, has played a key role in attracting to the long tradition of attracting major sporting events to Victoria, that tradition and reputation will continue. Victoria. Many families in Victoria love attending major sporting As I am sure members are more than well aware, sport events, and I must be included in that. I am a regular is the backbone of many of our regional and rural attendee of the AFL Grand Final and the Spring Racing communities. Its benefits to the social fabric of country Carnival; they are fantastic days out. The government is communities has long been underestimated. I have strongly committed to maintaining and growing those coached country football for around 20 years. I know events, but we need to have the right behaviours you, Acting Speaker, have filled that role in your occurring at those events. There is nothing worse than community as well. A lot of my time was spent as a having a day out at the MCG when there are junior coach; it was a long time ago, but it did happen. inappropriate behaviours happening alongside you and Having done that, I have a greater appreciation of the your young family. That gives you a very important impact that sport can have on the lives of uncomfortable feeling. young people. My previous employment was with the Australian Sports Commission, working in 40 primary The Major Sporting Events Act 2009 supports and schools in and around my region of East Gippsland. For protects events in a range of areas, including crowd primary school-aged children, sport is a great crash management, operational arrangements, aerial
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 807
advertising and ticket scalping. However, the act is not and residential areas and therefore cannot be treated delivering optimal outcomes in a few key areas, like any other venue in the full sense. That is why this particularly in relation to the enforcement of offences bill takes a sensible and selective approach. around sporting events. We need to update and improve some of those methods, and the bill will deliver those Because Docklands Stadium is adjacent to residential changes. It will improve crowd behaviour and safety at and business zones, a number of crowd management major sporting events. It will extend the reach and offences, such as the possession of alcohol that was not impact of the crowd management provisions of the act purchased at the venue, and others relating to bicycles and strengthen the powers of authorised officers and and pets, have not been applied. Consequently, the bill police to maintain orderly conduct and therefore the will not impact on the reasonable and lawful behaviour safety of those people in attendance at these events. of those living in the area, which is an important point There simply can be no acceptance or tolerance of to make. violent behaviour at sporting events, whether they be Before I finish, I would like to touch on three new international events or community-based events in rural areas. offences that the bill introduces. It makes it an offence to deface or damage a sporting competition space, It was only this week that I had the pleasure of standing which is an interesting term in itself. It takes in things in this place and talking about the achievements of like a playing field, track, arena, court, rink or some of our terrific young sportsmen and women in swimming pool. It is an offence to deface or damage a East Gippsland. Daniel McConnell competed in the sporting competition space within those precincts world mountain bike championships. Young Zoe without authorisation. The bill also creates an offence Quinsey-Munro from Orbost competed in the national of damaging or defacing any structure, equipment or schools 12-years and under cricket competition in vehicle in a sporting competition space. It also creates a South Australia. Zach Nelson travelled to Suva, Fiji, new offence of entering an event venue without a ticket and played hockey in the Oceania Pacific Cup or authority on a day that a major sporting event is tournament. Josh Street headed to Perth for the being held. This is obviously designed to discourage Australian junior table tennis championships. It is people from entering event venues in dangerous and fantastic to acknowledge that these young kids entered disruptive ways, such as climbing or pushing down into sport because they had good role models, saw fences — which we have unfortunately seen at a events run properly and aspired to be part of the number of country grand finals and things like that — sporting community. Then, in turn, they will go on to or rushing gates and opening break-glass fire doors. become great role models for others. Everyone has a This is sometimes a problem at different event venues. responsibility to ensure that sporting events stay safe. The bill makes many more changes in relation to This goes to government, local clubs and associations, parents, supporters and spectators. We all have a duty strengthening the act in key areas, particularly crowd and a role to play. It is up to all of us to ensure that management and sports event ticketing, and enables the there is no violence at Victorian sporting events. act to deliver improved outcomes that support Victoria’s status as a great sports state. I am delighted The bill also applies selected crowd management to commend the bill to the house. provisions to the area around Docklands Stadium — otherwise known as the concourse area — when events Ms GARRETT (Brunswick) — It is a pleasure to are held at the stadium. A rather unique situation rise to speak on the Major Sporting Events Amendment prevails at the Docklands Stadium. Unlike other event Bill 2013. As we have heard from previous speakers, the bill intends to contribute to improving crowd venues, such as the MCG, the event venue recognised by the act as Docklands Stadium does not include the behaviour and safety at major sporting events by surrounds, and this creates inconsistencies in crowd extending the reach and impact of crowd management management, as we have heard from previous speakers. provisions under the principal act and strengthening We have had problems with flares and other dangerous powers of officers and police in going about their and what you would deem to be unreasonable business of maintaining order at the many major behaviours outside the stadium. The bill establishes sporting events that take place in Victoria. It also adds what will be a more consistent approach to these the key Spring Racing Carnival events of the matters and ensures that enforcement can be undertaken Melbourne Cup and the Caulfield Cup to the list of in the surrounds of Docklands Stadium. Anyone who major events covered by the crowd management has been there will realise what a great sporting arena it provisions of the legislation. is. It is recognised that the area around Docklands Stadium is unique in that is has a number of businesses
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
808 ASSEMBLY Thursday, 7 March 2013
Some on that side of the house may want to include the harmonious the crowd is, despite their passionate Liberal Party party room on the list of locations that support of that team in navy blue. You rarely see it should be covered by crowd management provisions descend into fights and you rarely see it descend into given recent events. We could also include the Deputy chaos, like we see in other parts of the nation and other Premier’s office, given recent events, as a location parts of the world. That is to be applauded. But we must needing to be covered by crowd management be vigilant, which is why this bill is important. provisions. In recent times we have seen some disturbing trends at Honourable members interjecting. our major events where crowd behaviour has not been what it should be and where tensions have exploded Mr Battin — On a point of order, Acting Speaker, within sporting or other arenas. Clearly at some major in relation to relevance, we have had a very events, such as the Spring Racing Carnival, significant wide-ranging debate. However, the debate is in relation amounts of alcohol and other issues are involved. Major to the major sporting events bill and about sport, and I events have become huge events, with hundreds of ask you to direct the member for Brunswick to thousands of people attending, so the bill is important in concentrate on sport rather than any other goings-on in that regard. the house. We on this side of the house have some issues with the Mr Foley — On the point of order, Acting Speaker, scope and extent of the bill. For example, we have this bill deals with hooligans. This place is full of issues with its coverage, as has been referred to, and hooligans, so I think the honourable member is spot on around the penalties for flares and the like. These with her contribution. should have perhaps been tougher given the real risk of causing harm, particularly as a lot of children are Mr Watt — On the point of order, Acting Speaker, present at these events. We also put strongly — as was clearly the member for Brunswick was not on the bill, done by the shadow Minister for Sport and Recreation, and I concur with the member for Gembrook that the the member for Lara, as the lead speaker for the member for Brunswick should come back to the bill. opposition — that the code of conduct should be The ACTING SPEAKER (Mr Northe) — Order! strengthened not just at the elite level but also at the I will now rule on the point of order. I must say that I grassroots level. This is where children learn how to was slightly distracted as the Clerk and I were having a play team sports; it is where they learn how to win and quick conversation. I remind the member for lose. It impacts on how parents and spectators behave at Brunswick to keep to the bill. events and on how children develop and their view of the word. Again, we have seen some disturbing trends Ms GARRETT — I will of course adhere to your in that regard across the state. I point out while the ruling, Acting Speaker, and will not mention the Minister for Sport and Recreation is in the house that Liberal Party party room again until later on in my those conduct issues should definitely be strengthened contribution, because we have seen some major events at the grassroots level throughout Victoria. this week; there is no doubt about that. Talking about the key issue of sports in our community, Melbourne Another issue that has been raised which we have some and sport have a passionate — — concerns about is that the crowd management provisions apply only to certain venues and events. An honourable member — Victoria. They do not apply in this place, for example. They do not apply in Geelong, and that is a major flaw in the Ms GARRETT — Victoria and sport have a legislation. Geelong has a huge number of major events passionate relationship. Major events and sport are that are attended by people who are passionate about integral to our sense of identity and who we are and them, many of whom are in this house — I have seen what we do. I think we are the envy of the world in that how passionate they can be about the Cats. We have we have had a fine tradition of enjoying our sports side made the point that there is a deficiency in the bill in by side. Sport is a family event. It is a family activity. It that regard, in that a football match between two teams is a family way of life. Often when people visit our at the MCG would be covered but the same football great state they go to a football match at the MCG with match played at Simonds Stadium in Geelong would 100 000 people screaming passionately for their not be covered. That is a deficiency. opposing teams. I use Essendon and Carlton as an example. As a passionate Blues fan I have taken my Finally, I add that there is no investment accompanying children many times to those very large matches, and this bill. Once again the government is tinkering around what is extraordinary about them so often is how the edges rather than dealing with the major issues
CRIMES AMENDMENT (INTEGRITY IN SPORTS) BILL 2013
Thursday, 7 March 2013 ASSEMBLY 809
affecting this state: jobs, health and education. We Second reading would like to see the provision of real investment by this government in those things that Victorians are Mr CLARK (Attorney-General) — I move: desperate for and real investment in and the provision That this bill be now read a second time. of resources for sport and recreation in Victoria because it is such a critical component of our state. Instead of The government is introducing the Crimes Amendment the government continuing the great and proud record (Integrity in Sports) Bill 2013 to address the threat in this area of Labor when it was in office, which made posed to the integrity of Australian sports by the Victoria the major events mecca of the world, we have possible fixing of matches, races and other sporting seen funding slashed, staff numbers slashed, the state events. going backwards, a general malaise and people not feeling the fire and passion they once did about this A number of incidents of match fixing in recent times, state. Certainly the events of this week have both in Australia and overseas, have caused demonstrated just how rudderless this state has become understandable dismay amongst sporting fans. in just two very brief years. Technological advances in recent years have greatly increased the potential for Australian sports to attract In closing, while we support improved crowd control betting interest and the potential for criminal and greater powers for those who police our major involvement from around the world. The Australian events and make sure that they are safe for everybody, Crime Commission report released last month has also there are deficiencies in this bill just as there are major highlighted concerns about the use of drugs and the deficiencies in this government. We have certainly seen involvement of organised crime in sport. that this week. We commend the bill to the house and hope it will contribute to the continued enjoyment of All members will be cognisant of the importance of these great events in our great state. sports to our social, cultural and economic life. Not only does sport provide entertainment; the rich calendar Debate adjourned on motion of Mr WATT of sporting events in Victoria is a vital contributor to (Burwood). our state’s economy.
Debate adjourned until later this day. Given the importance of sport, it is equally important to ensure the integrity of sporting events is maintained and CRIMES AMENDMENT (INTEGRITY IN that public confidence is not undermined. The fixing of SPORTS) BILL 2013 matches and other sporting events is a pernicious activity that not only defrauds honest punters, but also Statement of compatibility undermines the confidence of fans and the broader community in the sport itself and in the players and Mr CLARK (Attorney-General) tabled following other participants in the sport. Sporting heroes and statement in accordance with Charter of Human champions should be role models for all to admire, Rights and Responsibilities Act 2006: untarnished by suspicion of malpractice or guilt by In accordance with section 28 of the Charter of Human Rights association. The Victorian government is committed to and Responsibilities Act 2006 (charter act), I make this standing with the vast majority of Australian sportsmen statement of compatibility with respect to the Crimes and women, officials, volunteers and fans who want to Amendment (Integrity in Sports) Bill 2013. stamp out unethical behaviours in sport. The In my opinion, the Crimes Amendment (Integrity in Sports) government is a strong supporter of the national policy Bill 2013, as introduced to the Legislative Assembly, is on match fixing in sport, of which a key part is the compatible with the human rights as set out in the charter act. creation of criminal provisions for cheating at sport. I base my opinion on the reasons outlined in this statement. The policy is supported by every jurisdiction and by all Overview of bill major sporting codes.
The purpose of the bill is to create specific criminal offences The bill also applies to racing. On 23 January 2013, that target persons who seek to fix a betting outcome or to Victoria’s racing integrity commissioner, Mr Sal Perna, profit from such a fix. released the report on his own-motion inquiry into race As there are no charter rights that are relevant to the bill, I fixing. Mr Perna found that there is no evidence of consider it is compatible with the rights and responsibilities in systemic race fixing in Victoria. Mr Perna did make the Charter of Human Rights and Responsibilities Act 2006. 11 recommendations to improve and strengthen racing Robert Clark, MP integrity assurance so that the racing industry is best Attorney-General equipped to address new and emerging challenges. The
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
810 ASSEMBLY Thursday, 7 March 2013
government has agreed in principle to each of the determined by the court. The legislation does not 11 recommendations included in the report and is criminalise conduct that might affect betting but does working with Victorian racing industry stakeholders not involve any financial gain or cause any financial and the commissioner to identify the most effective disadvantage. process to achieve the intended outcomes. The bill also creates in specified circumstances an One of those recommendations (recommendation 7) offence for a person to encourage another person to was that the government expedite the introduction of conceal from a relevant authority conduct, or an ‘cheating at gambling’ legislation as a major priority. agreement in relation to conduct, that corrupts or would This bill delivers in full on this recommendation 7 and corrupt a betting outcome. is consistent with discussions held at a meeting of state and territory racing ministers in Hobart in May 2012. In addition, the bill creates new offences in relation to At that meeting it was agreed by racing ministers that the use of corrupt conduct information for betting racing should be included in any legislation aimed at purposes. addressing corruption in sport and that, wherever possible, a nationally consistent approach should be The penalties for offences under the bill are set at a pursued. maximum of 10 years imprisonment. This significant penalty is appropriate because of the nature of the The bill will also deliver on a recommendation from the offences and the potential for corrupt conduct to 2011 review of sports betting regulation undertaken by undermine confidence in events and to cheat Des Gleeson, former chairman of stewards at Racing law-abiding punters. The penalties are consistent with Victoria. In that report it was recommended the penalties in the Crimes Act 1958 in relation to (recommendation 11) that ‘the Department of Justice obtaining a financial advantage by deception and liaise with Sport and Recreation Victoria in relation to obtaining property by deception. They are also the same the development of criminal provisions to deter and penalties as apply in the interstate legislation. deal with match fixing’. This bill sends a very clear message that the fixing of Victorian racing has a world-class integrity assurance sporting matches and other events will not be tolerated model and this legislation can only serve to further in Victoria. It is a key component of the government’s strengthen the position of our great racing industry. commitment to a strong policy and legislative framework to protect the integrity of sports in Victoria, The bill is closely modelled on legislation introduced integrity which is vital if the confidence and passion of recently in New South Wales and legislation currently Victorian sports lovers is to be secured for future before the South Australian Parliament. It will ensure generations. that the law in these three states is closely aligned. I commend the bill to the house. The bill creates new offences in the Crimes Act 1958 to tackle anyone who corruptly seeks to manipulate the Debate adjourned on motion of Mr DONNELLAN outcome of a sporting event for betting purposes. (Narre Warren North).
The definition of ‘bet’ is deliberately broad, so as to Debate adjourned until Thursday, 21 March. encompass all legal forms of gambling. The bill applies to betting on events themselves and on event RAIL SAFETY NATIONAL LAW contingencies. An event under the bill is not limited to APPLICATION BILL 2013 sporting events; it includes any event upon which a bet can lawfully be made. An event contingency includes Statement of compatibility aspects of an event other than the event result itself that Mr MULDER (Minister for Public Transport) may be the subject of a bet, such as the score at a tabled following statement in accordance with particular stage of an event or the player that scores the Charter of Human Rights and Responsibilities Act first goal or point. 2006:
The offences in the bill apply to conduct that corrupts In accordance with section 28 of the Charter of Human Rights or would corrupt a betting outcome of an event or an and Responsibilities Act 2006 (the charter act), I make this event contingency, being conduct contrary to the statement of compatibility with respect to the Rail Safety standards of integrity that a reasonable person would National Law Application Bill 2013. expect. Whether conduct is contrary to such standards in a particular case will be a question of fact to be
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 811
In my opinion, Rail Safety National Law Application Bill metropolitan tram network, the largest tram network in the 2013 (the bill), as introduced to the Legislative Assembly, is world. compatible with the human rights protected by the charter act. It was further agreed at the SCOTI meeting on 18 May 2012 I base my opinion on the reasons outlined in this statement. that the Victorian Minister for Public Transport could nominate specific tourist and heritage railway operators Overview of the bill operating on dedicated railway tracks to be excluded from the national law, acknowledging that such operations are local In June 2009, the Council of Australian Governments rather than national operations. (COAG) decided to pursue a range of national transport regulation schemes, including a national rail safety Tourist and heritage railway operators that asked to be investigator and national regulators for the heavy vehicle, rail nominated for exclusion from the national law will be and commercial marine sectors. regulated under existing local Victorian rail safety laws, specifically the Rail Safety Act 2006 which is renamed by a On 19 August 2011, COAG members signed an companion bill to this bill as the Rail Safety (Local intergovernmental agreement to establish a national scheme Operations) Act 2006. of rail safety regulation and investigation. Effectively, tourist and heritage railway operators who use This agreement led to the development of the Rail Safety main lines under the accreditation of national railway National Law (the national law) in the form of template operators and tourist and heritage railway operators who did legislation approved by commonwealth, state and territory not ask to remain under local law will be regulated by the transport ministers at the Standing Committee on Transport national law. and Infrastructure (SCOTI) meeting on 4 November 2011. The bill, and the national law as varied by the bill, contain a South Australia is the host jurisdiction for the national law number of provisions which engage human rights protected and the national regulator. The national law legislation is set by the charter act. out in the schedule to the Rail Safety National Law (South Australia) Act 2012 (SA) (the South Australian act) which Application of charter act was passed by the South Australian Parliament on 1 May 2012. Interpretation of the national law
The bill applies the national law as the law of Victoria subject Clause 6 of the bill declares that the Rail Safety National Law to certain necessary variations. A number of variations are set out in the schedule to the Rail Safety National Law Act required to ensure that the national law is compatible with the 2012 of South Australia applies as a law of this jurisdiction, human rights protected by the charter act in Victoria. and applies as if it were an act. Accordingly, the interpretative provisions of section 32 of the charter act will apply to the Purpose of the bill national law in Victoria, as will the provisions in section 36 of the charter act with respect to declarations of inconsistent The purpose of the bill is to apply the national law (as set out interpretation. in the schedule to the South Australian act) as a law of Victoria, subject to certain variations. Scrutiny of legislation
The following railways are captured by the national The human rights impacts of the national law are assessed in scheme — this statement. However, as the national law is a South Australian act, future amendments to that act will not fall (a) interstate passenger and freight heavy railway operations within the parliamentary scrutiny provisions of sections 28 to (involving operators such as the Australian Rail Track 30 of the charter act. Corporation and Pacific National); Obligations on public authorities (b) all domestic metropolitan and regional passenger and freight heavy rail operations (involving operators such as The national law provides for a rail safety scheme covering Metro Trains Melbourne and V/Line); certain heavy railways in participating jurisdictions. The national regulator, whose office is established under the (c) freight terminals (including North and South Dynon); national law, is based in Adelaide, South Australia. and The national regulator will be the regulator of certain heavy (d) tourist and heritage heavy railway operators operating railways in Victoria. However, the national regulator will on lines shared with freight and regional commercial delegate various functions and powers to the Victorian passenger trains under the accreditation of V/Line or director, transport safety (the safety director). The safety which operate on stand-alone lines but which opted for director may sub-delegate these functions and powers to staff national regulation. engaged by Transport Safety Victoria (TSV).
However, the national law excludes some railways from its The arrangements between the national regulator and operation. Victorian agencies and public servants will be supported by a service level agreement between the national regulator, the In Victoria, all trams and light railways are excluded as these safety director and the Minister for Public Transport as well are acknowledged to be purely local rail operations rather as by the delegations from the national regulator to the safety than national rail operations. These include the Melbourne director and TSV staff. The service level agreement is a key
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
812 ASSEMBLY Thursday, 7 March 2013
aspect of the application of the national law as a law of authorised or permitted, whether expressly or impliedly, by or Victoria. under law.
The charter act applies to entities whose functions are, or Trans-border flow of information is also relevant. IPP9 and include functions, of a public nature when the entity is HPP9 authorise the transfer of personal and health exercising those functions on behalf of the state of Victoria or information outside Victoria if — a public authority in Victoria. (a) the organisation reasonably believes that the recipient of The national regulator is an entity established for the purpose the information is subject to a law, binding scheme or of Victorian law by Victorian statutory provisions, has contract which effectively upholds principles for fair functions of a public nature and will exercise those functions handling of the information that are substantially similar in and on behalf of the state of Victoria and through Victorian to the information privacy principles or the health agencies. Therefore, the charter act applies to those functions. privacy principles (IPP9.1(a) and HPP9.1(a)); or
The Office of the National Rail Safety Regulator (ONRSR) is (b) the individual consents to the transfer (IPP9.1(b) and similarly constituted and the charter act will apply to the HPP9.1(b)); or ONRSR in respect of conduct and decisions in, or affecting persons in, Victoria, that is, the exercise of functions of the (c) the organisation has taken reasonable steps to ensure that ONRSR in Victoria. the information which it has transferred will not be held, used or disclosed by the recipient of the information The charter act applies to the safety director and staff engaged inconsistently with the information privacy principles or by TSV in any event. TSV staff are public officials within the the health privacy principles (IPP9.1(f) and HPP9.1(f)); meaning of the Public Administration Act 2004. Delegates of or the national regulator are therefore subject to the charter act when exercising functions and powers in Victoria. (d) the transfer is authorised or required by any other law (HPP9.1(g)). Privacy — personal and health information Specific authorisation to transfer information contained in the The provisions in the bill relating to information privacy are bill explained in this statement in connection with charter act rights and as an aid to interpretation of the provisions in the Clause 158 of the bill enables the director, transport safety bill more generally. It is convenient to set out the provisions (the safety director) to disclose to the national regulator in this statement so that it can be seen how a person’s personal or health information relating to rail safety information privacy is protected under the national scheme as operations or rail safety workers in connection with the safety applied in Victoria. director’s rail safety functions under the Rail Safety Act 2006.
Regulation of the use of personal and health information in This is because certain heavy railway operators and rail safety Victoria workers regulated under existing Victorian laws by the safety director will, on commencement of relevant provisions in the The use and disclosure of personal information in Victoria is bill, become regulated under the national law and by the regulated by the Information Privacy Act 2000. The use and national regulator. Changes may also occur in the future. disclosure of health information is regulated by the Health Records Act 2001. Transfer of existing records may be required in certain circumstances to facilitate the proper regulation of rail safety The Information Privacy Act and Health Records Act apply in Victoria. In particular, this will enable ongoing compliance to any transfer of personal or health information by the safety and enforcement activities in respect of competencies such as director, the Department of Transport and TSV officers who health and fitness management. are employed or engaged by the department. However, because most compliance and enforcement activity It is important to understand that where functions are is expected to take place at local level pursuant to the exercised in Victoria and information (including health arrangements under the service level agreement and records) are dealt with locally, the Victorian Information delegations to the Victorian safety director, almost all Privacy Act 2000 and the Health Records Act 2001 apply. personal and health information may be expected to be dealt This is distinct from information recorded or held in South with under the Victorian Information Privacy Act 2000 and Australia by the national regulator or the ONRSR. the Health Records Act 2001.
Information and health privacy principles — application to Where personal or health information is held or managed in information held in or trans-border flow of information from South Australia, information privacy management by the Victoria national regulator and the ONRSR in South Australia will be dealt with under privacy standards which South Australian Section 16 of the Information Privacy Act and section 21 of public bodies adhere to. These standards do not have a the Health Records Act require public sector agencies to statutory foundation but are consistent with the IPPs and comply with the information privacy principles (IPP) and the HPPs under the Victorian statutes. health privacy principles (HPP) set out in the respective schedule 1 to each of those acts. Information about operators or their agents or employees who remain regulated other than under the national law will not be IPP2.1(g) of the Information Privacy Act and HPP2.2(c) of transferred. the Health Records Act allow the use or disclosure of information where that use or disclosure is required,
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 813
Charter act Protection in relation to train safety recordings
Section 13 of the charter act provides that a person has the Section 131 of the national law provides that train safety right not to have his or her privacy unlawfully or arbitrarily recordings must not be published or communicated other than interfered with. The provisions engage the right because they in the course of an inquiry or investigation into an accident or provide for the transfer of personal and health information. incident or in connection with specified classes of criminal or The engagement of the right overlaps with the Information civil proceedings or when otherwise permitted by law Privacy Act 2000 and the Health Records Act 2001. (including under the national law).
The bill specifically authorises the disclosure, transfer and use Section 132 of the national law provides further limitations on of information for the purposes of IPP2.1 (g) and HPP2.2(c) use of train safety recordings in civil proceedings, in that and enables the transfer of information outside Victoria leave of the court is required to admit the evidence in pursuant to IPP9 and HPP9. proceedings.
Oversight laws and privacy The provisions therefore engage and protect the right to privacy. Any limitations which may exist (if, for example, Oversight laws applying to the national regulator such as leave of the court is given to admit recordings in civil financial audits, the Ombudsman and freedom of information proceedings) are reasonable and demonstrably justifiable. will be the laws of South Australia. National rail safety register As noted, South Australia does not currently have any privacy laws. Section 42 of the national law provides for the establishment of a national rail safety register. The register will contain For that reason and as explained above, the Information details of a person’s accreditation or registration and Privacy Act and the Health Records Act remain the oversight associated details including enforcement activities which have privacy laws for national law information privacy been undertaken in respect of the accredited or registered management which occurs in Victoria and disclosure to the person. national regulator is supported by the bill. While most information will relate to corporations, this may South Australia does, however, apply administrative not always be the case. In any event, the provision engages instructions (information privacy principles instructions) to the right to privacy because it allows publication of government agencies. information. However, the right is not limited. The rail industry is considerably regulated including to secure Any information which is transferred by Victoria to the community safety and service standards. The collection, national regulator or ONRSR in South Australia will not retention and publication of relevant information are an aspect therefore be held, used or disclosed by the national regulator of this system of regulation. or the ONRSR inconsistently with the information privacy principles and the health privacy principles under Victorian Requirements to provide information privacy laws. The national regulator may also require certain information Therefore, the transfer of information is specifically from rail transport operators under section 120 of the national authorised by law and the Information Privacy Act and the law. Health Records Act standards apply or similar protections are provided. In any event, the provisions are not arbitrary. A rail safety officer may also require a person to provide his Accordingly, protections are in place to safeguard a person’s or her name and residential address under section 168 of the personal and health information. national law in specified circumstances.
For those reasons, while the right to privacy is engaged, the In each case, the person is required to only provide right is unlikely to be limited in any significant sense. information in connection with compliance, enforcement and Alternatively, and if a view could be taken that the right is national regulatory activities under the statutory scheme. limited in any way, insofar as the right is limited I consider that any limitations are reasonable under section 7(2) of the I consider that any interference with the right to privacy charter act. through the gathering, recording, publication and transfer of such information is neither unlawful nor arbitrary. The national law also positively engages the right to privacy. Accordingly, I consider that these provisions are compatible with the right to privacy in section 13 of the charter act. Protection in relation to samples Abrogation of the privilege against self-incrimination Section 129 of the national law provides a protection in relation to samples (such as blood and oral fluid samples) Rights in criminal proceedings are engaged by section 155 of collected under the national law or the Rail Safety (Local the national law which deals with the abrogation of the Operations) Act 2006, as the Rail Safety Act 2006 will privilege against self-incrimination. Clause 46 of the bill become once amended by the Transport Legislation varies the national law as explained below. The provisions Amendment (Rail Safety Local Operations and Other also engage the right to a fair hearing of which the right not to Matters) Bill 2013. Samples must not be used for a purpose be compelled to incriminate oneself is part. other than that contemplated by the national law or the bill, in connection with the control or management of any work or activity associated with railway operations, or for the purpose of disciplinary proceedings against a rail safety worker.
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
814 ASSEMBLY Thursday, 7 March 2013
National law powers Extended immunity
Once enacted, the national law will confer a range of powers Clause 46 of the bill provides that despite anything to the of inspection, inquiry and search which are to be exercised for contrary in section 155 of the national law, information or the purposes of compliance and enforcement of rail safety documents obtained as a direct result or indirect consequence laws. These powers are contained in part 4 of the national of a person answering a question or providing information or law. Related enforcement provisions are found in part 5 of the a document under a requirement or direction made under national law. part 4 of the national law are not admissible as evidence against the person other than in proceedings arising out of the Section 154 of the national law provides rail safety officers false and misleading nature of the answer, information, with powers to require any person in or on rail premises to document or thing provided. produce any relevant documents in that person’s custody or to which that person has access and the person can also be This extends the national law immunity to provide an indirect, required to say who has custody of or access to a document or derivative use, immunity to persons compelled to provide and to answer any questions put to the person by the officer. information or documents. The extended immunity relates to information or documents obtained ‘as a direct result or In addition, under section 145(3) of the national law, a rail indirect consequence’ of the information, document or answer safety officer has the power to direct relevant persons to give provided by the person. reasonable help to the officer so that he or she can effectively exercise powers under the national law, including the powers Charter act requirements of search and inspection. The right in section 25(2)(k) of the charter act is a right not to A person must comply with those requirements unless the testify against oneself, the core idea being that a person person has a reasonable excuse for failing to comply. should not be conscripted into incriminating him or herself.
Abrogation of right against self-incrimination The right has been held to extend to derivative use of the evidence obtained pursuant to compelled testimony unless the Section 155 of the national law provides that a person is not evidence is discoverable through alternative means (Re excused from answering a question or providing information Application under the Major Crime (Investigative Powers) or a document on the ground that to do so would incriminate Act 2004 [2009] VSC 381 (Major Crime)). the person. For that reason, the provisions engage the right not to be compelled to incriminate oneself. That right is Major Crime decision protected by both section 25(2)(k) of the charter act (the right not to have to testify against oneself — rights in criminal In Major Crime, Chief Justice Warren held that the Major proceedings) and also section 24(1) (the right to a fair Crime (Investigative Powers) Act 2004 (Vic) abrogated the hearing). common-law privilege against self-incrimination and restricted the use that may be made of compelled evidence by Limitations demonstrably justified — Purpose of abrogation providing direct use immunity. However, the act failed to of privilege against self-incrimination provide derivative use immunity, which was part of the right not to be compelled to incriminate oneself. The chief justice The primary purpose of the abrogation of the privilege against considered that right could not be adequately protected self-incrimination in the national law is to ensure that rail through the residual discretion of a trial judge to exclude safety officers have adequate powers to inquire into and to evidence. monitor compliance with the statutory obligations imposed on those who carry out railway operations. In finding that the proper approach was to interpret the Major Crime (Investigative Powers) Act consistently with the rights The need to maintain rail safety and to prevent rail accidents in the charter act, the chief justice said that derivative use by ensuring that statutory requirements are adhered to is an immunity must be read into the Major Crime (Investigative essential purpose of transport and other safety scheme Powers) Act. legislation. For that reason, the provisions ensure that information, documents and evidence which support rail The chief justice held that no distinction could meaningfully safety officers and the national regulator in those functions be drawn between the harm that flowed from incriminating can be obtained albeit by coercive means. information provided directly and incriminating evidence derived from such evidence. Parliament could not be Direct use immunity understood as having enacted organised crime legislation in such a way as to provide a back door to prosecuting Section 155(2) of the national law provides immunity to authorities to use compelled incriminating testimony against persons who have been compelled to provide incriminating the testifier (i.e. by providing a direct use immunity but information or a document. The answer to a question or omitting to provide for a derivative use immunity). information or a document provided by the person is not admissible in evidence in criminal proceedings or in any civil The chief justice considered the relationship between the proceeding for a penalty, other than in proceedings in respect limitation in the Major Crime (Investigative Powers) Act and of the provision of false information. its purpose and found that the purpose of the limitation could still be achieved whilst retaining a form of derivative use This is called direct use immunity. immunity.
In the chief justice’s view, derivative use of the evidence obtained pursuant to compelled testimony must not be admissible against any person affected by the provision
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 815
abrogating the right against self-incrimination unless the stated above. The two exceptions are also compatible with the evidence is discoverable through alternative means. charter act, for the reasons explained below.
The chief justice considered that words providing for the Compatibility of the two exceptions derivative use immunity could be read into the act so as to ensure that such immunity always operates in relation to Any limitation on the rights imposed by the two exceptions is compelled testimony, where the evidence elicited from the reasonable under section 7(2) of the charter act. This is interrogation could not have been obtained, or the because the primary purpose of the exceptions to direct and significance of which could not have been appreciated, but for indirect, derivative use immunity under the bill is to facilitate the evidence of the witness. However, in the light of the the prosecution of those who commit offences under rail decision inclusion of a specific provision consistent with the safety legislation in circumstances where the documentation decision in Major Crime and the charter act is the preferred or information would be required to be kept by law anyway. course. The documentation or information would therefore be available upon a search in any event. Variation in bill consistent with decision in Major Crime Protection to be accorded to documentary evidence Consistent with Major Crime, the bill varies the national law to provide for both not only for direct use immunity but also The search of and seizure of a person’s records is not for derivative use immunity subject only to two exceptions generally considered to breach the privilege against which relate to evidence that is discoverable through self-incrimination as the person has not been conscripted into alternative means. Where a person has the benefit of direct articulating or producing what is expressed in the records. and derivative use immunities, there can be no limit on the However, the privilege protects against the compelled privilege against self-incrimination protected by the charter production of documents as well as enforced oral testimony. act. While a person is required to provide information, they are protected from the information being used to incriminate Despite that, the protection accorded to the compelled them. production of pre-existing documents (particularly those which are required to be kept by law) is considerably weaker These exceptions are also consistent with Chief Justice than the protection accorded to oral testimony or to Warren’s judgement in Major Crime. They are also variations documents that are brought into existence to comply with a from the national law and are explained below. request for information.
Exceptions to immunity Application of principles to exceptions
Clause 46(3) of the bill provides that the immunity does not Considering each of the two exceptions further, the first apply in relation to the following two classes of compelled relates only to documents and information that a person is documents or real evidence — required to keep under the national law. The second relates to information contained in any document or item a person is (a) information or documents that are required to be kept required to keep under the national law and which has been under the national law; and obtained in accordance with the provisions of part 4 of the national law which relates to securing compliance. (b) any information obtained from a person under the provisions of part 4 of the national law (securing The result is that only people participating in the regulated rail compliance) that is contained in a document or item that industry can be compelled to produce items either that they the person is required to keep under the national law. are obliged to create and maintain or that are related to and arise from their involvement in that activity. This means that a person who is required to provide incriminating information is protected against the direct or I consider that the ability to enforce the national law in indirect use of that information against them in court Victoria would be curtailed if evidence from documents that proceedings except in these two situations where the people participating in rail transport regulated under the information, documents or items are required to be kept in national law are legally required to keep could not be used in accordance with the national law in any event. criminal proceedings relating to breaches of their statutory obligations. That is, the exceptions apply to evidence that is discoverable through alternative means to coercive questioning. Abrogation of privilege against self-incrimination — conclusion Compatibility of national law as varied by the bill The limit on the right against self-incrimination is directly The direct use immunity, as contained in the national law, and related to its purpose as described above. There are no less the extended protection provided by the bill (the indirect, restrictive means reasonably available to achieve the purpose derivative use or ‘chain of inquiry’ immunity) ensure that a of the limitation. The only permission to use answers or person remains protected when the answer to a question or information derived from a person in later proceedings, apart the provision of information or documentation leads to a from the two exceptions where documentation or information chain of enquiry and to evidence that might otherwise is required to be kept in any event, is in relation to the falsity incriminate the person. of an answer.
Although the abrogation of the privilege may be said to limit The provisions, including the derivative use immunity and the the rights under sections 25(1)(k) and 24(1) of the charter act, two exceptions to immunity contained in the bill advance the any limitations are demonstrably justified for the reasons underlying objective of community and rail safety as well as promoting the maintenance of and continuous improvement
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
816 ASSEMBLY Thursday, 7 March 2013
in the risk management of rail safety. The extension of the or acquitted in accordance with the law (otherwise known as immunity to include indirect use for the purposes of the double jeopardy). national law and the provision of the two exceptions is consistent with the decision of the chief justice in Major The national law and the bill contain provisions which protect Crime. this right.
I consider that the provisions are compatible with the charter National law (occupational health and safety legislation — act and that any limitations are justified. no double jeopardy)
National regulator’s coercive questioning powers Section 48 of the national law explains the relationship between the national law and occupational health and safety The national law contains additional coercive questioning legislation. That is, occupational health and safety legislation powers. prevails to the extent of any inconsistency.
Under section 20 of the national law, the national regulator Section 49 of the national law provides that where an act or may require information or documentation to be provided by omission constitutes an offence under the national law and serving written notice if the national regulator has reasonable under occupational health and safety legislation, the offender grounds to believe that the person is capable of giving is not liable to be punished twice in respect of the offence. information, providing documents or giving evidence in relation to a possible contravention of the national law or that Protection against double jeopardy — laws of other will assist monitoring or enforcing compliance with the participating jurisdictions national law. Clause 10 of the bill also provides that if an act or omission is If the national regulator is unable to obtain the information an offence against the national law as it applies in Victoria and documentation, the regulator has power to require a and the offender has been punished for the offence under the person to attend before the regulator to give either oral or law of another participating jurisdiction, the offender is not written evidence and to produce documents. It is an offence to liable to be punished for the offence in Victoria. disobey without reasonable excuse. In each case, section 26 of the charter act ensures that the If required to attend, the person may attend with a legal provisions will be interpreted so that a person may not be practitioner. prosecuted in Victoria if the person has been tried or punished for or acquitted of the occupational health and safety Privilege against self-incrimination applies legislation offence or the offence of another participating jurisdiction. The abrogation of the privilege against self-incrimination in section 155 of the national law and the associated immunity Safety work infringements (statutory convictions) provided in section 155(2) apply only to directions under part 4 of the national law. As a result, clause 46 of the bill also Effect of a safety work infringement notice applies only to part 4. However, the national regulator’s powers under section 20 are contained in part 2 of the national Section 215B of the Transport (Compliance and law. Miscellaneous) Act 1983 provides for a safety work infringement notice scheme for rail safety alcohol offences. This means that the common law right not to incriminate oneself and charter act rights (including derivative use A safety work infringement may be served by a member of immunity, consistent with Major Crime) apply to the police force following the recording of a prescribed requirements made by the national regulator under section 20 amount of alcohol concentration in a person’s blood at the of the national law. For that reason, the extended immunity time of commission of the offence. If a safety work and exceptions provided for under clause 46 do not need to infringement notice is served, the safety work infringement extend to the section 20 powers. takes effect as a conviction of the offence unless the rail safety worker to whom the notice was issued objects to the I also note that it is not an offence for an individual to refuse infringement notice within 28 days of the notice. to answer a question put by a rail safety officer or provide information or a document to a rail safety officer under part 4 That is, a conviction is not recorded automatically if the on the ground that the question, information or document person challenges the notice within the 28-day time limit. A might tend to incriminate the person, unless he or she was person who receives a safety work infringement notice has first given the warning required by section 156 of the national the right, in accordance with the procedure prescribed in the law. Transport (Compliance and Miscellaneous) Act 1983, to have the matter dealt with by a court. In addition, section 245 of the national law provides (generally) that nothing in the national law requires a person Clause 94 of the bill amends the definition of safety work to produce a document that would disclose information, or infringement in section 208 of the Transport (Compliance and otherwise provide information, that is the subject of legal Miscellaneous) Act 1983 to extend its meaning to specified professional privilege. blood alcohol offences committed by a rail safety worker under the national law. Protection against double jeopardy Charter act analysis Section 26 of the charter act provides persons with a right not to be tried or punished more than once for an offence in The provisions engage the section 24(1) charter act right to respect of which the person has already been finally convicted have a charge decided by a competent, independent and
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 817
impartial court after a fair and public hearing and the section rights and these are discussed in the statement of 25(1) right to be presumed innocent until proved guilty. compatibility for that bill.
Insofar as infringement offences engage sections 24 and 25 of Drug and alcohol controls — the national law the charter act, any limitation on those rights as a result of an infringement notice process is considered marginal. The Section 123 of the national law provides that a rail safety infringement process involves an alternative dispute worker may be required to undertake a test for the presence of resolution process whereby a person may accept a penalty a drug or alcohol in accordance with the law and the without admitting guilt. provisions contained in the bill.
Unlike most infringement offences, safety work Section 126 of the national law also enables an authorised infringements result in a conviction being recorded without a person to require a rail safety worker to submit to a court hearing (in the same way as occurs with certain road preliminary breath test or breath analysis. traffic drink driving offences). However, the person’s rights are protected as the person is entitled to have the matter dealt Section 127 of the national law enables an authorised person with by a court if they elect to take that course. to require a rail safety worker to undergo a drug screening test, oral fluid analysis or blood test. Purpose of the section 24 right These provisions engage the right to a fair hearing, rights in The purpose of the section 24 right is to ensure the proper criminal proceedings, privacy, protection from medical administration of justice and concerns procedural fairness — treatment without consent and freedom of movement. An the right of a party to be heard and to respond to allegations. analysis of these rights engaged is contained under the The right may be subject to reasonable limitations that can be discussion of the clauses in the Transport Legislation demonstrably justified in a democratic society in accordance Amendment (Rail Safety Amendment Local Operations and with section 7 of the charter act. Other Matters) Bill 2013 in the statement of compatibility for that bill. The bills are necessarily to be read together in the Rationale for and compatibility of safety work infringement context of drug and alcohol controls and so I do not repeat process that analysis here.
Significantly, the primary elements of the offence (the I do however note that evidence indicates that the use of drugs presence of a certain blood alcohol concentration and the and alcohol can have adverse effects on the capacity of people undertaking of rail safety work) have already been identified to undertake tasks properly and safely, and ensuring at the time the safety work infringement notice is served. compliance with alcohol and drug standards is an important Given that, the safety work infringement process is efficient means of protecting the safety of the travelling public, the and expedient and provides an alternative means of dealing community and workers in connection with railway with the allegations that an offence has been committed to operations in Victoria. laying a charge. I also draw attention to section 128(3) of the national law, Although a conviction is recorded without the prosecution which provides that it is a defence to a charge relating to the proving the guilt of the accused beyond reasonable doubt, as presence of a prescribed drug in a person’s oral fluid or blood explained this does not occur where a person elects to proceed if the person proves that he or she did not knowingly consume to court and requires the prosecution to prove the various the prescribed drug. The effect of this wording, which mirrors elements of the offence. If a person wishes to challenge any the national law, is that the evidential onus of proof is element of the offence, including the blood alcohol reversed (as specifically stated in the provision, the accused concentration reading, he or she may do so and proceed to must provide evidence). The evidence the accused must give court. is to be assessed on the balance of probabilities and will be within the particular knowledge of the accused. For that Therefore, it is arguable whether the section 24 charter act reason, I consider that any limitations on a person’s rights in right is limited because the matter can be taken to court. If criminal proceedings are reasonable and justified. any limitations nevertheless arise, I consider that they are minor. While the section 25(1) right to be presumed innocent Rights in criminal proceedings and the right to a fair is engaged for similar reasons to those set out above and hearing — evidential burden reflects a fundamental common law right, I also consider any limit on the right which may arise is reasonable and The section 25(1) right to be presumed innocent requires that demonstrably justified in a democratic society in accordance the prosecution must prove all aspects of a criminal charge. with section 7 of the charter act. The national law contains a number of provisions which place Drug and alcohol controls — the bill an evidential onus on the accused such as offences which contain a reasonable excuse defence. The effect of a Clause 43 of the bill has the effect that drug and alcohol reasonable excuse defence is therefore that once the controls contained in the Rail Safety (Local Operations) Act prosecution provides evidence of the offence, the evidential 2006 (as the Rail Safety Act 2006 will become following burden shifts to the accused. amendments made by the concurrently presented Transport Legislation Amendment (Rail Safety Amendment Local Where the evidential burden of proof is reversed, the accused Operations and Other Matters) Bill 2013) apply to the bill, must present or point to evidence that suggests a reasonable with necessary modifications. Provisions in the Transport possibility of the existence of facts that, if they existed, would Legislation Amendment (Rail Safety Amendment Local establish the defence. This goes beyond raising the possibility Operations and Other Matters) Bill 2013 engage charter act of the matters in question. The prosecution must then rebut the defence beyond reasonable doubt.
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
818 ASSEMBLY Thursday, 7 March 2013
The following provisions of the national law contain an prosecution to prove the absence of any such reason to the evidential onus: ordinary criminal standard.
Section 20 — person must not, without reasonable The existence of a reasonable excuse will be in the person’s excuse, fail to comply with a requirement to provide own knowledge — that is, best known to the person him or information or documentation to, or to appear before, the herself. Producing evidence of the reasonable excuse should national regulator. not be difficult. On the other hand, it is very difficult for the prosecution to prove a negative, i.e., that there is no Section 101 — a rail transport operator must not, reasonable excuse. Accordingly, to the extent that an without reasonable excuse, fail to comply with the evidential onus limits the charter act right in section 25(1) any operator’s safety management system for the operator’s limitation on the right is reasonable and demonstrably railway operations. justified under section 7(2) of the charter act.
Section 104 — an accredited person must not, without Secured sites reasonable excuse, fail to comply with a direction to amend the person’s safety management system. I also draw attention to section 149 of the national law which provides that a person must not enter or remain at a site the Section 145 — a person may be required to give perimeter of which has been secured under that section reasonable help to a rail safety officer. A person must without the permission of an authorised officer. An authorised not fail to comply without reasonable excuse. officer must not unreasonably withhold permission.
Section 154 — a person must not, without reasonable However, that does not apply in circumstances where a excuse, fail to comply with a requirement to produce person enters or remains to ensure the safety of persons, to documents or answer questions. remove deceased persons or animals, to move a road vehicle or its wreckage to a safe place and to protect the environment Section 159 — a person given a direction in respect of a from significant damage or pollution. seized thing must comply with that direction unless the person has a reasonable excuse. In the case of the four exceptions to the offence, section 72 of the Criminal Procedure Act 2009 provides that exceptions to Section 168 — a rail safety officer may require a person criminal offences place an evidential onus on an accused to to provide his or her name and residential address in present or point to evidence that suggests that the exception specified circumstances. A person must not fail to would be established. comply without reasonable excuse. If permission is unreasonably withheld, some evidence to this Section 184 — a person must not, without reasonable effect must be put forward. However, drawing a matter to the excuse, fail to comply with a non-disturbance notice. court’s attention should not be difficult if such circumstances exist. Section 198 — a rail transport operator must not, without reasonable excuse, fail to comply with a In the event that a prosecution is brought, it would be direction to respond to certain reports. necessary for the prosecution to prove each element of the offence. Insofar as the person charged must draw the Section 199 — a person must comply with a direction to circumstance which allowed the person to lawfully enter or stop, alter or not commence works unless the person has remain at the secured site to the court’s attention, for example a reasonable excuse. the need to remain to ensure the safety of persons, this is not a difficult matter. Section 227 — a person must not interfere with or disable a train or other things, or attempt to do so, In any event, I consider that insofar as the provision engages without reasonable excuse. the right to a fair hearing and rights in criminal proceedings, the provision is compatible with the rights protected by the Section 228 — a person must not apply a brake or charter act. emergency device fitted to a train or tram without reasonable excuse (trams are not regulated under the Offences of strict liability national law in Victoria). The national law contains a number of strict liability offences Section 229 — a person must not cause a train to be including in relation to general safety duties. For example, stopped without reasonable excuse. section 60 of the national law provides that a person commits a category 3 offence if the person has a safety duty and the It is well established that the right to be presumed innocent is person fails to comply with the duty. not absolute and can be limited provided that limitations are kept within reasonable limits and are not arbitrary or The prosecution must only prove the conduct of the accused disproportionate. for strict liability offences. However, unlike offences of absolute liability where the accused provides evidence of an In each case the limitation serves the important purpose of honest and reasonable but mistaken belief in the existence of rendering prosecution an effective mechanism for ensuring certain facts, the prosecution must then establish that there cooperation with the activities of rail safety officers or the was not an honest and reasonable mistake of fact. national regulator or to secure the safe operation of railways in Victoria. The imposition of an evidential onus ensures that While the imposition of strict liability is sometimes the defendant must put any such reason at issue but still categorised as limiting the common law (and charter act) right protects the presumption of innocence by requiring the to be presumed innocent, the imposition of strict liability may
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 819
be considered a minor limitation because the imposition of The ability to enter residential premises without warrant or strict liability will not criminalise honest errors. In addition, consent is very limited. Entry must be for the sole purposes of there are strong public safety reasons for ensuring that the rail gaining access to suspected railway premises if the rail safety safety regulatory regime is observed. officer believes that no reasonable alternative access is available and the access is at a reasonable time would be The right to be presumed innocent can be subject to exceptional and may be balanced against the paramount need reasonable limitations. The purpose of limitations is to secure to secure rail safety. rail safety. The limitations, if any, are reasonably connected to this purpose. In my opinion, there are no incompatibilities I consider the power to be within a reasonable range of with the charter act right arising from the imposition of strict responses to secure rail safety consistent with the overall liability offences. For that reason, I do not set out each such regulatory scheme. offence in this statement. Other entry, search and seizure powers — compatibility Search, seizure and investigation powers There are no lesser means available in respect of the balance Section 143 of the national law provides rail safety officers of entry, search and seizure powers in division 5 of part 4 of with powers of entry to premises and powers that may be the national law such as the use of electronic equipment to exercised on entry. Section 145 provides rail safety officers examine things. Interferences are precise and circumscribed. with powers of search, seizure and inquiry following entry to The powers can only be exercised in the controlled and railway premises. prescribed circumstances set out in the national law. Prosecutions for offences under the national law would be The powers of entry may be exercised in respect of railway frustrated in the absence of these powers as evidence may be premises which include premises (including an office, concealed or destroyed if searches and enquiries could not be building or housing) used in connection with the carrying out conducted for compliance and enforcement purposes. of railway operations. A rail safety officer may also enter a place that adjoins railway premises if entry is required In addition, a number of provisions ensure the accountability urgently for the purpose of dealing with a railway accident or and transparency of the processes. Rail safety officers may incident. Entry may be made without consent. not use more force than is reasonably necessary to exercise these powers. The national law provides detailed guidance as Section 153 of the national law provides that entry to to the use, retention, access and return of seized items. residential premises may only be made with the consent of Compensation may be payable in prescribed circumstances. the person with control or management of the premises, under a search warrant or for the sole purposes of gaining access to Rights of entry and privacy — conclusion suspected railway premises but only if the rail safety officer believes that no reasonable alternative access is available and For all these reasons, I consider the provisions are compatible at a reasonable time. with the section 13(a) right to privacy.
Search warrants may also be obtained under section 150 of Property the national law on specified grounds and subject to certain procedures. Section 20 of the charter act provides that a person must not be deprived of his or her property other than in accordance Engagement of the right to privacy with law. The seizure powers in the national law (sections 158–167) may in certain circumstances amount to a The powers of entry and related search and seizure powers deprivation of property but the powers are compatible with engage the right to privacy, including in the context of the section 20 right. interference with a person’s home and private property. Any seizure of property under the legislation must be in However, expectations of privacy are lower in relation to accordance with law because the circumstances in which activities involving a degree of governmental oversight, seizure can occur are clearly specified and safeguards against particularly where personal and public safety is at issue such arbitrary deprivation of property are provided. These as operating a vehicle or vessel. safeguards include the provision of compensation for damage caused to property during the exercise of these powers. I consider that to the extent that a person has an expectation of privacy in relation to railway premises, this expectation is The national law also contains powers of inspection and diminished due to the highly regulated nature of the industry. examination of things and the power to examine or use It is reasonable to expect that rail safety officers will conduct equipment including electronic equipment. For example, checks of a rail transport operator’s business and of railway section 147 of the national law deals with the use of electronic premises. Indeed, these activities are essential for the proper equipment and section 148 deals with the use of equipment to oversight and regulation of rail safety in Victoria. examine or process things. However, the provisions are not arbitrary and in most cases are temporary in nature. Insofar as Limited power of entry to residential premises — these provisions also engage section 20 of the charter act, they compatibility are compatible with the right.
Any interference with privacy is not unlawful or arbitrary. Freedom of movement The circumstances in which the right may be infringed are heavily circumscribed and are within a reasonable range of Under section 149 of the national law, an authorised officer (a legislative responses given the paramount objective of rail safety officer or a police officer) may take all reasonable securing rail safety. steps to secure the perimeter of a site at railway premises for the purpose of protecting evidence that might be relevant for
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
820 ASSEMBLY Thursday, 7 March 2013
compliance and investigative purposes. It is an offence to The national law contains provisions that require persons to enter or remain, without the permission of an authorised provide information and to produce any documents relevant officer, at a site the perimeter of which is secured. However, to an investigation. The powers of rail safety officers to certain exceptions apply. require a relevant person to produce information, documents and related items are discussed above. A rail safety officer may also issue a non-disturbance notice under section 182 of the national law to a person with control Section 15(3) of the charter act provides that special duties or management of railway premises to preserve, or prevent and responsibilities are attached to the right of freedom of the disturbance of, a site. It is an offence under section 184 of expression and the right may be subject to lawful restrictions the national law not to comply without reasonable excuse. reasonably necessary —
A person may also be required to give reasonable help to a (a) to respect the rights and reputations of other persons; or rail safety officer under section 145(1)(k) of the national law. (b) for the protection of national security, public order, Section 12 of the charter act provides that every person public health or public morality. lawfully within Victoria has the right to move freely within Victoria. Assuming that these provisions limit the right in In Magee v. Delaney [2012] VSC 407, Kyrou J said that section 12, any such limits are demonstrably justified under section 15(3) of the charter act sets out obvious instances of section 7(2) of the charter act for the following reasons. restrictions that apply to the right to freedom of expression but does not define the boundaries of permissible forms of The right to freedom of movement is not regarded as an expressive conduct. The section is not expressed to be an absolute right in international law and can be subject to exhaustive statement of the restrictions to which the right to reasonable limitations. The purpose of the powers is to enable freedom of expression may be subject. rail safety officers to investigate whether offences have been committed and to preserve evidence relating to the It is questionable whether the provisions would require the commission of the offence. These are important purposes. production of information of a type protected by section 15 of the charter act. However, if they do, I consider that the The powers can only be exercised in relation to sites at provisions are compatible with the right. railway premises and any limit on a person’s general freedom of movement is minor. The powers are subject to express and The protection of rail safety, which is the essence of the implied limitations. Implicitly, the site can only be secured for statutory scheme, is a fundamental public policy objective no longer than is required for the purpose of the provision — that limits the right of freedom of expression to the extent for example, to undertake the necessary search or to preserve necessary to secure positive rail safety outcomes, thus evidence. protecting the rights and freedoms of people not regulated by the bill and the accompanying national law. The limitations imposed on the right by the powers are directly and rationally connected to their purpose. There are The requirements in the national law to provide information no less restrictive means available to achieve these purposes. in the interests of rail safety are reasonably necessary to secure the safety of others and to maintain public order. The power of exclusion from a site and to regulate a site by Therefore, I consider that the right is not limited. It is engaged serving a non-disturbance notice are essential to rail safety only to a minor level. However, the analysis of the right and officers’ function of investigation of rail safety incidents, the provision is included for completeness. including the need to preserve evidence. The requirement to provide reasonable help to the rail safety officer to exercise Administrative decisions and the right to a fair hearing his or her powers on entry is equally essential to enable a rail safety officer to exercise his or her functions — for example, Under section 24(1) of the charter act, a party to a civil in the event of a rail accident or incident. proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a The right is also engaged by section 159 of the national fair and public hearing. law — a person may be given a direction under that provision in respect of a seized thing to take it to a specified place and, In Kracke v. Mental Health Review Board & Ors (General) if necessary, to remain in control of it at the specified place [2009] VCAT 646, Bell J concluded that the right to a fair for the period specified in the direction. The person must hearing is not confined to proceedings of a judicial character comply with that direction unless the person has a reasonable and can apply to civil proceedings which are of an excuse. administrative character. Bell J noted that in assessing compliance with the right, regard may be had to the whole Similar directions may be given about the thing’s return under decision-making process including reviews and appeals. section 160 of the national law. Again, these powers are necessary to enable rail safety officers to properly fulfil their I have considered the effect of the provisions in the bill and in functions of compliance and enforcement relating to the the national law on the fair hearing right. maintenance and improvement of rail safety. In deciding whether there is a breach of the right to a fair Freedom of expression hearing, the processes must be considered in their entirety, including any available rights of appeal or review. Section 15 of the charter act provides that all persons have the Considering these various procedures in this manner, they right to freedom of expression which includes a right not to accord individuals their right to a fair hearing. In reaching this impart information. Provision of information to authorities conclusion, particular weight may be placed on the fact that may engage section 15. there is an opportunity for individuals adversely affected by a
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 821
decision to seek a review by VCAT in respect of reviewable investigator in Victoria in accordance with the state’s decisions: see clause 47 of the bill. intergovernmental obligations. In each case, I consider that the procedures provided in the bill, including any rights of appeal or review that are Rail, including rail safety regulation and investigation, available, are appropriate to the nature of the particular has predominantly been a state and territory interests that are at stake. responsibility since trains first ran in Australia. The rail In my opinion, there are no incompatibilities with section 24 history in this state is a rich one. The first steam trains of the charter act. None of the reviewable decision provisions in the country operated on the Sandridge line in the then or provisions to which appeal rights apply appear to test or colony of Victoria in September 1854, just 24 years infringe the Scrutiny of Acts and Regulations Committee’s after the world’s first railway began in England. terms of reference. Victoria was also the first jurisdiction in Australia to As I have reached this view, I have not specifically referred to electrify its rail lines, beginning with our suburban lines each reviewable decision or procedure in this statement. in 1919.
Enforceable voluntary undertakings Almost 160 years after the first train ran, rail transport Again for completeness, I refer to division 6 of part 10 of the has become a critical part of the Australian passenger national law which contains provisions relating to enforceable and freight transport networks and a critical enabler of voluntary undertakings. These engage section 24 of the the national and state economies. charter act. Rail safety outcomes have traditionally been good in I draw particular attention to enforceable undertakings because it is an offence to breach an undertaking that has been Victoria. Apart from level crossing tragedies we have given. An undertaking may only be withdrawn or varied with largely avoided the types of major incidents that have the written agreement of the national regulator. led to significant deaths and injuries from time to time overseas and in other places in Australia. However, However, the provision of an undertaking is a matter of free choice for the person giving it and does not constitute an care is obviously needed to keep regulatory admission of guilt. In addition, enforcement of that breach is a arrangements right in the rail sector as the area is one matter for the court. The court may make a variety of orders where low probability but high consequence events can including requiring the person to comply with the occur at times with potentially disastrous effects for life undertaking, discharging the undertaking or making any other order that the court considers appropriate in the and limb. circumstances. It goes without saying that the Victorian government is In my opinion, there are no incompatibilities with section 24 committed to ensuring that rail safety standards in of the charter act. To avoid doubt, section 25 is not engaged Victoria remain high and improve. As required by our because the giving of an undertaking is not a part of criminal proceedings and does not amount to an admission of guilt. existing local statutes, the government’s aim is simply to make sure that safety levels are not only maintained Conclusion across the state, but continue to improve where practicable bearing in mind that privately managed rail I consider that the bill (including the South Australian-based national law which is applied by and varied in part by the bill) operations are more extensive here than in any other is compatible with the Charter of Human Rights and place in the country. Responsibilities Act 2006. However, at the same time as maintaining and The bill raises human rights issues but any limitations on improving safety levels we must also make sure that human rights under the bill are demonstrably justified for the purposes of section 7(2) of the charter act. rail safety is regulated as efficiently as possible and in ways that reduce unnecessary red tape and costs to Terry Mulder, MP operators and which support the national and state and Minister for Public Transport territory economies including Victoria’s. Second reading The state and territory-based nature of regulation and Mr MULDER (Minister for Public Transport) — I investigation has been a concern for national rail move: interests, who have advocated for a national system for some years. The basis of the concern centres on views That this bill be now read a second time. that local systems impede national efficiency and hold back safety improvements. The prime purpose of this bill is to provide for a national rail safety regulation scheme, including a In June 2009, the Council of Australian Governments national rail safety regulator, and a national rail safety agreed to pursue national schemes including dedicated regulators for the heavy vehicle, rail and marine sectors
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
822 ASSEMBLY Thursday, 7 March 2013
in addition to a national rail safety investigator. COAG safety management system requirements; members, including the Premier of Victoria, later signed intergovernmental agreements in August 2011 an industry regulator; which set the structures and procedures for the rollout of these proposals across the country. a range of measures which enable the rail safety regulator to take appropriate compliance and Overall, the measures form part of a broader COAG enforcement action. project which aims to improve national economic outcomes by seeking to reduce costs to business in As well as these matters, the new national law adopts complying with regulation and by assisting labour some of the additional features of Victoria’s scheme mobility. which were not picked up by the 2006 model bill including strengthened risk management requirements, Victoria supports the national rail safety scheme, the cost-benefit protections against potentially gold-plated national rail safety regulator and the national rail safety rail safety decisions, establishment of a general safety investigator, and the bill before the house enables these duty on persons who load and unload freight from rail rail initiatives to take effect across the state. wagons and other important matters.
The national rail safety regulation scheme The national rail safety law therefore essentially represents an updating of Victoria’s existing The national rail safety regulation proposal is structured framework. While the underlying regulatory scheme as an applied laws or template scheme. This endures, the key changes made by the national scheme harmonisation method requires the host jurisdiction to arise from the applied laws approach and, more pass a law and the other states and territories to pass fundamentally, the establishment of a national legislation to apply that law locally. South Australia is regulator. the host jurisdiction for the national rail safety regulation scheme and it passed a template national law It is important to note that the national rail safety last year thereby making it available for other scheme applies to most but not all railways in Victoria. jurisdictions to apply. The scheme covers the metropolitan passenger rail network operated by Metro Trains Melbourne, the The bill before us creates a new principal statute to regional network operated by V/Line and regional apply the South Australian law as Victorian law and operations managed by the Australian Rail Track enables the operation of the national regulator in this Corporation, Pacific National and other rail operators. state. It includes substantive stand-alone provisions, including clause 6, which applies the South The key exclusions from the national scheme are purely Australian-based national law, while also amending local operations that remain under Victoria’s existing Victoria’s Transport Integration Act 2010 and other Rail Safety Act by agreement between Victoria, the affected Victorian statutes. commonwealth and other jurisdictions. The exclusions include all tram and light rail operations including The pursuit of national rail safety regulation is not new. Melbourne’s iconic tram system — the world’s largest, The key features of the national law applied by the bill operated by Yarra Trams — and seven tourist and before the house essentially adopt the policy template in heritage railways operating in regional areas of Victoria Victoria’s existing Rail Safety Act. That statute was on stand-alone rail lines. I note that the excluded tourist later followed in a national model bill and progressively and heritage railways chose to remain under state replicated in the laws of other states and territories regulation after representations were made to me by the between 2007 and 2010. Association of Tourist Railways which has concerns about extra costs from the national scheme identified in The key features of this regulatory framework have not impact assessment material. changed markedly in the last seven years and they include provision for — The national rail safety regulator has already been appointed and states and territories are progressively general safety duties covering industry parties and enacting their application laws. Despite jurisdictions individuals which require persons to ensure safety so each applying the national law, only one national entity far as reasonably practicable; is actually created — the national rail safety regulator located in Adelaide. accreditation requirements for rail operators including those who manage track and other rail In practical terms, having a national regulator means infrastructure and operate rolling stock; that rail operators working across multiple jurisdictions
RAIL SAFETY NATIONAL LAW APPLICATION BILL 2013
Thursday, 7 March 2013 ASSEMBLY 823
need only obtain one rail safety accreditation. As a national regulator and Victoria’s regulator will work result, the scheme particularly benefits rail operators together to maintain our high standard of rail safety in who operate across state and territory borders who will Victoria and continue the state’s good safety record. need one safety management system and be ultimately responsible to one regulator only. As a result, the Victoria’s safety record is one of two major reasons scheme is particularly positioned to reduce red tape and why the service level agreement approach was chosen costs to national operators. for Victoria, as it ensures that sufficient local resources stay in place while still delivering the national The government’s aim of maintaining and improving consistency sought by the national rail industry. The rail safety requires the right balance of national and second major reason is that most fatalities and major local safety management, oversight and resources. The injuries associated with rail operations occur at level agreement to implement the national scheme in crossings. Better regulation and management of level Victoria comes with assurances that there will be no crossing risks is of the highest priority to this less resources and regulatory oversight applied here. government. Integration of regulation and management There is too much at stake to cut corners and it is of level crossing risks is best achieved at the local level. therefore recognised that continuation of the vigilance applied to safety in this state is necessary to maintain The national rail safety investigations scheme and improve standards and public confidence. The national rail safety initiatives affect safety-related The centralisation involved in the national scheme is investigations as well as industry regulation. The extensive and while it goes beyond arrangements in measures establish a national rail safety investigator to places like the European Union and Canada, it is facilitate the pooling of so-called no blame or just nonetheless consistent with arrangements in the United culture investigatory resources from the two states States. It is important to note that the US rail safety which currently have this investigatory model — scheme enables the national regulator to delegate Victoria and New South Wales — while introducing a powers back to states to ensure that major city and other complete and dedicated investigation capability in other domestic state rail systems in that country are overseen states and territories for the first time. locally. This ensures sufficient ongoing local presence The Australian Transport Safety Bureau (ATSB) and involvement in the management and regulation of safety risks. currently confines its rail safety investigation activities to the national rail lines which comprise the defined Consistent with this approach, rail safety regulation will interstate rail network. It was resolved as part of the continue to be provided in Victoria by the director, national agreement to extend the role of the ATSB by transport safety, or Transport Safety Victoria, the cooperation so it becomes a truly national rail safety current industry regulator. The director will operate investigator by having the capacity to conduct or under a service level agreement or SLA with the oversee investigations on all nationally regulated rail national rail safety regulator along with sufficient lines in all jurisdictions for the first time. accompanying delegations to ensure an effective, robust As Victoria already has an established investigator in and practical arrangement. In recognition of the importance of good rail safety to Victorians, the bill the chief investigator, transport safety, it is agreed that provides that the minister and the director must both rail safety investigations in Victoria may be conducted sign the SLA to ensure approval of the arrangement at either directly by ATSB or by the chief investigator both policy and operational levels. acting on behalf of ATSB in accordance with the terms of a collaboration agreement between the agencies. If The SLA is a key part of the management of the ATSB is not interested in a particular matter, the chief national scheme under the intergovernmental investigator may still investigate it under state law. agreement for jurisdictions which choose to retain local Over time, it is expected that the majority of rail safety involvement. The government notes that New South investigations in Victoria and New South Wales will, Wales is operating under an SLA, meaning that the however, be conducted under commonwealth busiest and most complex rail networks in the two most legislation, the Transport Safety Investigation Act 2003, populous jurisdictions in the country have chosen to either by ATSB directly or through the existing state retain substantial hands-on local involvement in rail investigation offices. safety regulation. State and territory ministers currently have no power to The service level agreement and delegations are direct ATSB to conduct an investigation under the currently being negotiated. They will detail how the commonwealth act, something which the Victorian
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
824 ASSEMBLY Thursday, 7 March 2013 minister can require of the chief investigator under local I base my opinion on the reasons outlined in this statement. arrangements. The commonwealth act was amended Overview of the bill earlier this year at Victoria’s initiative, and with the subsequent agreement of all jurisdictions, to give state The bill is a companion proposal to the Rail Safety National and territory ministers capacity to request that ATSB Law Application Bill 2013. The purpose of the Rail Safety National Law Application Bill is to give effect in Victoria to conduct rail safety investigations. the national rail safety regulation scheme, including a national rail safety regulator, and a national rail safety investigator as Conclusion part of the state’s intergovernmental obligations.
The regulatory and investigatory initiatives introduced The local operations bill, on the other hand, modifies the by this bill are the culmination of work over almost four scope of Victoria’s existing rail safety statute — the Rail years by transport ministers, Council of Australian Safety Act 2006 — as a result of Victoria’s entry into the national scheme. The Rail Safety Act must be adjusted to Governments members, and transport department and exclude coverage of the national rail operations regulated by rail safety regulation and investigation agency staff the Rail Safety National Law Application Bill while retaining across the country. its application to the state’s domestic rail operations which do not transfer to the national scheme. These new arrangements have been sought for many Operations in this category include tram and light rail years by areas of the rail industry and by some operations which stand alone from the state’s other rail governments and, as a result, they come with high networks. The prime example is Melbourne’s light rail and expectations that they will deliver substantial tram system. improvements to rail safety and efficiency. The Melbourne metropolitan tram and light rail network is not connected to any national or interstate rail operation. Victoria simply wants the initiatives to deliver what Melbourne’s network is a local rail operation. Many tourist they have promised — that is, improved rail safety in and heritage tram and heavy railway operations operating in Victoria and across the country, and reduced red tape regional areas of Victoria on dedicated rail lines are in the for the rail industry in Victoria and across the country. same position. For this reason, the commonwealth and other participating Victoria supports these schemes and we wish them jurisdictions agreed that Victoria will retain tram and light rail well. operations under local regulation overseen by the director, transport safety or Transport Safety Victoria. Those I commend the bill to the house. jurisdictions also agreed that tourist and heritage railway operations on stand-alone lines could be nominated to remain Debate adjourned on motion of Mr DONNELLAN under local regulation. (Narre Warren North). The Rail Safety Act is renamed by the bill as the Rail Safety (Local Operations) Act 2006 ( Rail Safety Act). While the Debate adjourned until Thursday, 21 March. national scheme essentially adopts Victoria’s existing rail safety policy and legislation framework, it nonetheless TRANSPORT LEGISLATION updates and modifies the framework. AMENDMENT (RAIL SAFETY LOCAL The bill effects necessary and appropriate changes to the Rail OPERATIONS AND OTHER MATTERS) Safety Act as a result of Victoria’s entry into the national BILL 2013 scheme to keep the local scheme current and to maintain national consistency in rail safety regulation. In particular, key aspects of regulation such as accreditation and Statement of compatibility exemptions, risk management, compliance and enforcement provisions and penalties are aligned with similar aspects of Mr MULDER (Minister for Public Transport) the national scheme. tabled following statement in accordance with Charter of Human Rights and Responsibilities Act In addition, the bill makes one change to the Bus Safety Act 2009 to enable red tape to be reduced in the bus industry by 2006: allowing exemptions from accreditation and registration requirements to be given to bus operators. In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the charter act), I make this Purpose of the bill statement of compatibility with respect to the Transport Legislation Amendment (Rail Safety Local Operations and The prime purpose of the bill is therefore to confine the scope Other Matters) Bill 2013. of the state’s Rail Safety Act 2006 to specified domestic rail operations. In my opinion, the Transport Legislation Amendment (Rail Safety Local Operations and Other Matters) Bill 2013 (the The bill also deals with drug and alcohol controls for both the bill), as introduced to the Legislative Assembly, is compatible local and national schemes. The national scheme contains a with the human rights protected by the charter act. number of provisions dealing with drug and alcohol controls
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
Thursday, 7 March 2013 ASSEMBLY 825
but these are inadequate and do not work as a holistic scheme. The provisions in the bill therefore likely limit the As a result, the national provisions need to be heavily section 25(1) right to be presumed innocent until proven supplemented by provisions in Victoria’s local law in order to guilty according to law and the section 24 right to a fair maintain drug and alcohol controls for rail safety workers in hearing. Victoria. Noting the considerable overlap with section 25 rights, the The bill also contains a number of technical and procedural right to a fair hearing applies more acutely in criminal changes including consequential amendments to reflect the proceedings because the accused has most at stake. However, change in name of the Rail Safety Act. The bill also aligns a any limitations on the right are justified for the reasons number of penalties to make them consistent with the explained below. penalties for the same offences listed in the national law. These changes do not affect charter act rights. These offences may also impact upon the presumption of innocence. For that reason, the risk that an accused can be Protection against double jeopardy convicted despite reasonable doubt of his or her guilt is analysed below. However, I note that reverse onus offences Section 26 of the charter act provides persons with a right not do not necessarily violate the presumption of innocence to be tried or punished more than once for an offence in where they are within reasonable limits of what is at stake and respect of which the person has already been finally convicted maintain the rights of the defence. or acquitted in accordance with the law (otherwise known as double jeopardy). Reverse onus provisions — presence of alcohol or drugs
Occupational health and safety — no double jeopardy New section 71 contains interpretative provisions which enable presumptions to be made where a certain Consistent with the approach taken in the Rail Safety concentration of alcohol or drugs is found to be present in a National Law Application Bill, clause 95 of the bill inserts person’s blood, breath, body or oral fluid within a certain time new section 101A into the Rail Safety Act which provides after an alleged offence, unless the contrary is proved. that where an act or omission constitutes an offence under the Rail Safety Act and under occupational health and safety The reverse onus provisions are as follows: legislation, the offender is not liable to be punished twice in respect of the offence. (1) for the purposes of part 6, if it is established that, at any time within 3 hours after an alleged offence National law — no double jeopardy against new section 76(1)(a) or (c) or 77(1)(a), a certain concentration of alcohol was present in the Clause 95 of the bill also inserts new section 101B into the blood or breath of the rail safety worker charged Rail Safety Act and confirms that where an act or omission with the offence, it must be presumed, until the constitutes an offence under the Rail Safety Act and under the contrary is proved, that not less than that national law, the offender is not liable to be punished twice in concentration of alcohol was present in the rail respect of the offence. The provision is again drafted safety worker’s blood or breath (as the case consistently with the approach taken in the Rail Safety requires) at the time at which the offence is alleged National Law Application Bill. to have been committed;
Protection clarified by the bill (2) for the purposes of part 6, if it is established that at any time within 3 hours after an alleged offence The bill ensures that a person may not be prosecuted in against new section 76(1)(b), a certain drug was Victoria if the person has been punished for the occupational present in the oral fluid or blood of the rail safety health and safety legislation offence or an offence under the worker charged with the offence, it must be national law, consistent with the charter act right. presumed, until the contrary is proved, that the drug was present in the rail safety worker’s oral Drug and alcohol controls fluid or blood at the time at which the offence is Clause 89 of the bill inserts a new part 6 into the Rail Safety alleged to have been committed; Act to replace the current part. The drug and alcohol control provisions in that part engage the right to a fair hearing, rights (3) for the purposes of part 6, if it is established that at in criminal proceedings, privacy and protection from medical any time within 3 hours after an alleged offence treatment without consent. It is questionable whether the against new section 76(1)(c) or 77(1)(b), a certain provisions engage the freedom of movement and expression. drug was present in the body of the rail safety However, if they do, I consider that the provisions are worker charged with the offence, it must be compatible with the rights. presumed, until the contrary is proved, that the drug was present in the rail safety worker’s body at Reverse onus provisions the time at which the offence is alleged to have been committed; The drug and alcohol control provisions in the bill contain offences which reverse the legal onus of proof. That is, where (4) for the purposes of an alleged offence against new the legal persuasive burden is placed on the accused by section 77(1)(f) or (g), it must be presumed that the requiring the accused to prove, on the balance of probabilities, concentration of alcohol indicated by an analysis to a fact that is essential to the determination of innocence or be present in the breath of the rail safety worker guilt. charged or found by an analyst to be present in the sample of blood taken from the rail safety worker charged was not due solely to the consumption of
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
826 ASSEMBLY Thursday, 7 March 2013
alcohol after having carried out rail safety work However, the presumptions are rebuttable by sworn evidence unless the contrary is proved by the rail safety to the contrary and the provisions are limited by their terms. worker charged on the balance of probabilities by For example, sworn evidence may be given and corroborated sworn evidence given by him or her which is by material evidence to rebut a presumption that the corroborated by the material evidence of another consumption or use of a drug was not due solely to the person; and consumption or use of that drug after carrying out rail safety work. The sworn evidence, including corroborating material (5) for the purposes of an alleged offence against new evidence, is to be assessed on the lower balance of section 76(1)(b) or (c) or 77(1)(b), it must be probabilities test. presumed that a drug found by an analyst to be present in the sample of blood or oral fluid taken I also draw attention to new section 76(3) in clause 89 of the from the rail safety worker charged was not due Bill, which provides that it is a defence to a charge relating to solely to the consumption or use of that drug after the presence of a prescribed drug in a person’s oral fluid or carrying out rail safety work unless the contrary is blood if the person proves that he or she did not knowingly proved by the rail safety worker charged on the consume the prescribed drug. The effect of this wording, balance of probabilities by sworn evidence given which mirrors the national law, is that the evidential onus of by him or her which is corroborated by the material proof is reversed (as specifically stated in the provision, the evidence of another person. accused must provide evidence). The evidence the accused must give is to be assessed on the balance of probabilities and However, new section 72 provides that a rail safety worker is will be within the particular knowledge of the accused. For not to be taken to be impaired for the purposes of new that reason, I consider that any limitations on a person’s rights section 86B or 86D unless his or her behaviour or appearance in criminal proceedings are reasonable and justified. is such as to give rise to a reasonable suspicion that he or she is unable to carry out rail safety work properly. Reverse onus provisions — drug impairment
See also new section 79, which provides that evidence of the New section 80 contains presumptions in relation to effect of alcohol or use of a drug on the accused is admissible impairment by a drug. for the purpose of rebutting a presumption in respect of the presence of alcohol in a person’s blood or drug found in a In proceedings for an offence under new section 77(1)(b), sample of blood or oral fluid created by new sections 71(4) proof that a rail safety worker — and (5) (explained above). (a) was carrying out rail safety work; and That is, that for the purposes of an alleged offence against new section 77(1)(f) or (g) it must be presumed that the (b) that one or more drugs were present in the rail concentration of alcohol indicated by an analysis to be present safety worker’s body at the time the work was in the breath of the rail safety worker charged or found by an carried out; and analyst to be present in the sample of blood taken from the rail safety worker charged was not due solely to the (c) that the behaviour of the rail safety worker on an consumption of alcohol after having carried out rail safety assessment of drug impairment carried out under work. However, evidence of the effect of alcohol on the the bill was consistent with the behaviour usually accused is admissible for the purpose of rebutting this associated with a person who has consumed or presumption. The evidence of the effect of alcohol on the used that drug or those drugs; and accused is otherwise inadmissible. (d) that the behaviour usually associated with such a In addition, for the purposes of an alleged offence against new person would result in the person being unable to section 76(1)(b) or 77(1)(b) it must be presumed that a drug carry out rail safety work properly found by an analyst to be present in the sample of blood or oral fluid taken from the rail safety worker charged was not is, in the absence of evidence to the contrary, proof that the due solely to the consumption or use of that drug after rail safety worker carried out rail safety work while impaired carrying out rail safety work. However, evidence of the effect by a drug. of the consumption or use of a drug on the accused is Effect of provisions admissible for the purpose of rebutting this presumption. The evidence of the effect of the consumption or use of a drug on Again, presumptions of guilt are made on the basis of the the accused is otherwise inadmissible. presence of a drug or drugs and the behaviour of a rail safety worker at the time an assessment of drug impairment is I note that these provisions are similar to other transport drug carried out. and alcohol provisions. See, for example, section 48 of the Road Safety Act 1986 and section 27 of the Marine (Drug, The presumptions are rebuttable by evidence to the contrary Alcohol and Pollution Control) Act 1988. and the provisions are again limited by their terms. In particular, there is the need for the presence of a drug in a Effect of provisions person’s system at the time he or she carried out rail safety It can be seen that presumptions about a person’s guilt are work and that certain behaviour was exhibited during a drug made on the basis that alcohol or a drug is found to be present assessment. in the person’s oral fluid, blood or breath. Unless the person is Likelihood of an innocent person being convicted able to prove otherwise, it is presumed that the accused consumed alcohol or the drug prior to carrying out, or while In each case, I consider the likelihood of an innocent person carrying out, rail safety work. being convicted as a result of the application of these
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
Thursday, 7 March 2013 ASSEMBLY 827
presumptions to be remote bearing in mind the factual Printout of breath analysis recording background required for the presumptions to be made. New section 86 enables evidence of breath analysis to be I also take into account that the provisions enable the given by way of a printout produced by the breath testing presumptions to be rebutted by evidence to the contrary. instrument in respect of that sample purporting to be signed by the person who operated the instrument where the question The rail industry is regulated for public purposes which is whether a breath analysis instrument was incapable of include maintenance and improvement of community safety measuring in grams the amount of alcohol present per and service standards. By choosing to engage in a regulated 210 litres of exhaled air. activity, it is reasonable to expect rail operators and rail safety workers to take steps to ensure that rail operations and safety The provision engages the right to the presumption of work is only conducted lawfully and safely. This regulation is innocence as the document is admissible in evidence and, in important to protect the rights and safety of others and the the absence of evidence to the contrary, is proof of the facts rights and safety of the community at large. and matters contained in it. The associated right to a fair hearing is engaged for the same reasons. If reasonable steps have been taken by the regulated person to ensure legality and safety, the risk that an innocent person The limitation enables the operator of a device to sign the may be convicted of an offence is extremely low (if such a printout so that it may be used in evidence without the risk exists at all). operator having to attend court to give evidence. The evidence relates only to the printout in respect of the sample. The purpose of imposing a burden of proof on persons subject to rail safety laws is to ensure that these offences can be The limitation is clearly related to its purpose which is to prosecuted effectively and that they operate as a deterrent to facilitate the effective prosecution of rail safety offences the unlawful carrying out of rail safety work and rail transport involving the use of alcohol. It simply provides a means of operations by imposing a duty on operators and rail safety ensuring the printout from the instrument which shows the workers to actively take responsibility for the manner in reading of alcohol in grams present in 210 litres of exhaled air which rail transport operations are carried out and rail safety is admissible in evidence in the specified circumstances. work is conducted. That is, that rail safety work should not be carried out by a person under the influence of alcohol or a I note that the provision again reflects evidentiary provisions drug. in Victoria’s road safety scheme.
The demonstrable justification for these provisions, which are The limitations on the right are reasonable and I do not of a regulatory nature, is that maintenance and improvement consider that less restrictive means are reasonably available to of rail safety is the paramount purpose of the bill and the achieve the purpose of the limitation. provisions are needed to better secure the safety of rail operations in Victoria. Drug assessments
Evidential onus not preferred New section 86C enables evidence of authorisation to carry out a drug assessment to be given by way of certificate. The The imposition of a burden of proof on the accused is directly certificate is, in the absence of evidence to the contrary, proof related to its purpose as described above. Where the legal of the authority of the person conducting the assessment to onus has been reversed, an evidential onus would not be carry out an assessment. This provision also engages the right effective as it could be too easily discharged by the defendant. to be presumed innocent and the right to a fair hearing.
Having regard to the purpose of the offences, it would be Again, any limitation is clearly related to its purpose which is unduly difficult and onerous for the state to investigate and to facilitate the effective prosecution of rail safety offences prove the relevant components of the offences to which the involving the use of drugs. I do not consider that there are less provisions apply, noting that the presence of alcohol or a drug restrictive means available to achieve this. must be present, or certain behaviours exhibited, in each case. Blood tests and oral fluid analysis It follows that a reasonable excuse provision is not preferred to a reverse onus defence in these cases and that no less New sections 86I and 86J contain evidentiary provisions restrictive means are considered to be reasonably available to about blood tests and oral fluid samples. The provisions achieve the purpose of the provisions in question. prescribe certificates which must be completed by analysts or experts regarding the presence of alcohol or a drug in a Reverse onus provisions — right to a fair hearing person’s blood or oral fluid or the usual effect of a specified substance when consumed or used (including its effect on a Insofar as the provisions also engage the right to a fair rail safety worker’s ability to carry out rail safety work). hearing, I consider that any limitations on that right is reasonable and justified for the same reasons. The certificates relate to the taking of samples and the presence of alcohol or drugs and the usual effect of drugs on a Evidentiary provisions person. The certificates may be used as evidence in a trial without the analyst or expert having to attend court. The Evidentiary provisions in the bill may engage the matters stated in the certificates are, in the absence of section 25(1) charter act right which provides that a person evidence to the contrary, proof of the facts and matters charged with a criminal offence has the right to be presumed contained within them. innocent until proven guilty according to law. The section 24 right to a fair hearing may also be engaged by evidentiary The engagement of the right is fairly minor. Again, any provisions relating to the calling of witnesses. limitation is clearly related to its purpose which is to facilitate
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
828 ASSEMBLY Thursday, 7 March 2013
the effective prosecution of rail safety offences involving the For example, new section 84 (in clause 89) deals with use of drugs. I do not consider that there are less restrictive preliminary breath tests. New section 85 deals with breath means available to achieve this. analysis. New section 86E enables a rail safety worker to request that a sample of blood be taken. New section 86H Provisions and limitations demonstrably justified deals further with blood tests. New sections 86B and 86C deal with assessments of drug impairment. New section 86D deals These provisions engage a person’s rights in criminal with oral fluid analysis and blood tests. proceedings (including the right to call and examine defence witnesses under the same conditions as prosecution In each case, I consider any limitation on the section 10(c) witnesses) and the right to a fair hearing. charter act right reasonable and justified to protect the safety of that person and, importantly, the safety of the travelling The limitation primarily arises because the bill limits the public, the community and workers in connection with rail ability of the accused to cross-examine prosecution witnesses. operations in Victoria. For example, the bill provides that an accused may, with the leave of the court, require the person who has given the Evidence indicates that the use of drugs and alcohol can have certificate to attend a court for cross-examination. However, adverse effects on the capacity of people to carry out tasks leave may only be granted in particular circumstances. safely. The use of illicit and illegal drugs like cannabis, ecstasy, ice and speed and the misuse of alcohol can be key In my view, any limitation on the rights is demonstrably risk factors in transport-related accidents and incidents and justified under section 7(2) of the charter act because the their effect on a person’s capacities is well documented. certificates provide for procedures that must be followed under the bill which are appropriate to the nature of the Therefore, the potential for injuries and possible deaths as matters in question. well as damage arising from a rail accident or incident where rail safety workers have used these substances is high. As a The limitations are necessary to enable analysts to provide result, the industry is regulated strictly in this area as the information about whether a person has taken alcohol or a safety of Victoria’s rail network is a paramount consideration. drug and enables experts to provide information about the Putting in place appropriate controls to prohibit and test for usual effect of alcohol or drugs on a person. Any limitation is alcohol and drug use by rail safety workers such as train clearly related to its purpose which is to facilitate the effective drivers, signal operators and track workers is a key aspect of prosecution of rail safety offences involving the use of this area of regulation. alcohol or drugs. I do not consider that there are less restrictive means available to achieve this. While blood tests may be more invasive than breath or oral fluid analysis, breath and oral fluid tests are the likely first Breath tests processes to be undertaken in Victoria and blood tests are likely in the event that confirmatory tests are required, where New section 86K relates to the giving of evidence about the rail safety officer refuses to provide a sample of breath or breath tests. A certificate is conclusive proof of the matters oral fluid, or where the rail safety officer him or herself asks stated unless the accused gives notice that he or she requires to be tested. I also note that the bill contains refusal offences the maker of the certificate to be called. However, in certain (where a person may be charged and may be liable to the circumstances (such as where the person is dead) the same penalty as if he or she were tested and a positive result provisions have effect as if such a notice by the accused had was shown, although the person has refused to undergo the not been given. tests).
Evidence may also be given by certificate as to authority to Privacy operate a breath-analysing instrument. That evidence, and evidence by a person authorised to operate an instrument Various drug and alcohol control provisions in the bill engage about the instrument and the use of the instrument (including the right to privacy, both bodily privacy (e.g. testing) and that any regulations with respect to the instrument were information privacy (e.g. recording of results, a person’s complied with) is proof of those facts in the absence of name and address and provisions relating to videorecordings evidence to the contrary. of drug assessments).
These limitations in the bill are clearly related to their purpose See, for example, new section 83(2)(a) in clause 89 which which is to facilitate the effective prosecution of rail safety enables a transport safety officer or a police officer to require offences relating to the use of alcohol. I do not consider that a rail safety worker to provide his or her name and address. less restrictive means are reasonably available to achieve the purpose of the limitation. Section 13 of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily Medical treatment interfered with. The provisions engage the right because they provide for the collection and retention of information, A number of provisions in the bill deal with alcohol and drug including in connection with drug and alcohol controls. testing of persons engaged in rail safety work and may engage section 10(c) of the charter act (the right not to be These provisions are supported by new section 86C in subject to medical treatment without a person’s full, free and clause 89 which contains protections relating to the use of informed consent). This is because persons may be required videorecordings and new section 86G which requires the to provide a sample of his or her breath, blood or oral fluid for destruction of identifying information where, for example, a the purposes of testing to determine if the person is impaired rail safety worker has not been charged with a relevant by alcohol or drugs, despite the person not giving consent. offence at the end of 12 months after an assessment of drug impairment was carried out.
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
Thursday, 7 March 2013 ASSEMBLY 829
I consider that the provisions requiring the retention of The bill contains a number of provisions which may reverse personal or health information (such as the recording of the burden of proof. These are set out below. information on samples) are demonstrably justified to secure compliance with rail safety laws. I again note that the Provisions which contain limitations but which do not appear provisions relating to the destruction of evidence help protect to contain a reverse onus provision the charter act right to privacy and consider that there is no limitation on the right. For completeness I should say that while the whole bill has been analysed in relation to charter act rights, provisions such Privacy — protection in relation to samples as that in clause 55 are not discussed as they do not appear to me to contain a reverse onus provision. The bill provides a protection in relation to samples (such as blood and oral fluid samples) collected under Rail Safety Act. Clause 55 — which inserts new section 36 into the Rail Samples must not be used for a purpose other than that Safety Act — provides that a rail transport operator must not contemplated by that act. For example, new section 86H(5) carry out railway operations unless the rail transport operator provides that samples of a rail safety worker’s blood must not is accredited, holds an exemption or is exempted by the be used in evidence in any legal proceedings except — regulations from the requirement to be accredited. Those aspects of the offence are elements of the offence rather than (a) for the purposes of section 86I; or matters which impose a legal onus on the accused without express words to that effect. (b) for a proceeding for an offence against section 48(2); or This does not appear to be the form of provision contemplated by practice note no. 4. (c) for the purposes of the Transport Accident Act 1986. Provisions which contain a reverse onus provision However, a sample may be given to the Transport Accident Commission and, for the purposes of a review under the Where the effect of a provision is that the evidential burden of Transport Accident Act 1986, to the Victorian Civil and proof is reversed, the accused must present or point to Administrative Tribunal (VCAT). A sample may also be evidence that suggests a reasonable possibility of the given to the Department of Transport for the purposes of existence of facts that, if they existed, would establish the accident research. These exceptions are reasonable and are defence. This goes beyond raising the possibility of the authorised by the bill. To avoid doubt I have dealt with these matters in question. The prosecution must then rebut the provisions but consider that there is no limitation on the defence beyond reasonable doubt. charter act right. The following provisions of the bill contain an evidential Privacy — information in court records onus:
New section 81 of the Rail Safety Act (in clause 89) provides New section 76(1) (in clause 89) provides that it is an that details of the level of alcohol present in a person’s blood offence to carry out, or attempt to carry out, rail safety or breath, or the concentration of alcohol recorded, shown or work — found to be present shall be entered in the court records on conviction of an offence under new section 76(1) or 77(1). while there is present in the rail safety worker’s While this provision engages the right to privacy it is clearly blood the prescribed concentration of alcohol; and demonstrably justified. The presence and amount of while a prescribed drug is present in the rail safety alcohol in a person’s blood or breath is an element of the worker’s blood or oral fluid; or offences and as with other alcohol provisions in safety schemes, it is right that this information is recorded. while the rail safety worker is so much under the influence of alcohol or a drug as to be incapable of Rights in criminal proceedings and the right to a fair effectively discharging a function or duty of a rail hearing — evidential burden (reasonable excuse defences safety worker. etc.) However, where a prescribed drug is present in the rail safety The section 25(1) right to be presumed innocent requires that worker’s blood or oral fluid, it is a defence if the defendant the prosecution must prove all aspects of a criminal charge. proves that he or she did not knowingly consume the The bill contains a number of provisions which place an prescribed drug present in his or her oral fluid, unless the rail evidential onus on the accused. Various offences contain a safety worker believed that he or she was consuming a reasonable excuse defence where the accused must point to or substance unlawfully but was mistaken, unaware of or present evidence to raise an issue in the person’s defence. The indifferent to the identity of the prescribed drug. effect of a reasonable excuse defence is that once the This reverses the evidential onus and falls squarely within the prosecution provides evidence of the offence, the evidential provisions contemplated by practice note no. 4 as do the burden shifts to the accused. following defences or exceptions to the following offences: As the Scrutiny of Acts and Regulations Committee noted in New section 77(1)(f) makes it an offence if within practice note no. 4 issued on 10 December 2012, the 3 hours after having carried out rail safety work a rail evidential burden of proof may also be reversed when safety worker furnishes a sample of breath for analysis legislation ‘sets out exceptions to criminal offences, using by a breath analysing instrument under a direction under language such as “It is a defence to a prosecution for an section 85 and — offence if …” or “A person is not guilty of an offence if …” or a particular offence provision “does not apply if …”’.
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
830 ASSEMBLY Thursday, 7 March 2013
the result of the analysis as recorded or shown by must put any such reason in issue but still protects the the breath analysing instrument indicates that more presumption of innocence by requiring the prosecution to than the prescribed concentration of alcohol is prove the absence of any such reason to the ordinary criminal present in his or her breath; and standard.
the concentration of alcohol indicated by the The existence of a reasonable excuse will be in the person’s analysis to be present in his or her breath was not own knowledge — that is, best known to the person him or due solely to the consumption of alcohol after herself. Producing evidence of the reasonable excuse should having carried out the rail safety work. not be difficult. It is therefore unnecessary to discuss in any further detail whether an evidential onus limits the charter However, it is a defence to a charge for the person charged to right in section 25(1) because any limitation on the right is prove that the breath analysing instrument used was not on reasonable and demonstrably justified under section 7(2) of that occasion in proper working order or properly operated the charter for these reasons. (see new section 77(3)). Offences of strict liability New section 77(1)(g) makes it an offence if a rail safety worker has had a sample of blood taken from him or her in The bill contains a number of strict liability offences accordance with section 86H within 3 hours after having including in relation to general safety duties. carried out rail safety work and — For example, new section 61K in clause 80 provides that a the sample has been analysed within 12 months after it rail transport operator who has been granted an exemption was taken by a properly qualified analyst within the must not contravene a condition or restriction of the meaning of section 86I and the analyst has found that at exemption. New section 69C in clause 88 requires a rail the time of analysis more than the prescribed transport operator of a private siding to be registered in the concentration of alcohol was present in that sample; and circumstances specified in the provision.
the concentration of alcohol found by the analyst to be The prosecution must only prove the conduct of the accused present in that sample was not due solely to the for strict liability offences. However, unlike offences of consumption of alcohol after having carried out the rail absolute liability where the accused provides evidence of an safety work. honest and reasonable but mistaken belief in the existence of certain facts, the prosecution must then establish that there However, it is a defence to a charge for the person charged to was not an honest and reasonable mistake of fact. prove that the result of the analysis was not a correct result (see new section 77(4)). While the imposition of strict liability is sometimes categorised as limiting the common-law (and charter act) It is also a defence to a charge of refusing to provide a sample right to be presumed innocent, the imposition of strict liability of breath under new section 83(1) of the Rail Safety Act (in may be considered a minor limitation because the imposition clause 89) if the rail safety worker satisfied the court that of strict liability will not criminalise honest errors. In addition, there was some reason of a substantial character for the there are strong public safety reasons for ensuring that the rail refusal, other than a desire to avoid providing information safety regulatory regime is observed. which might be used against him or her (see new section 85(9) in clause 89 which contains this restriction on or The right to be presumed innocent can be subject to exception to the offence). reasonable limitations. The purpose of limitations is to secure rail safety. The limitations, if any, are reasonably connected to Nor must a rail safety worker be convicted of a breath test this purpose. In my opinion, there are no incompatibilities refusal offence where he or she has allowed a sample of blood with the charter act right arising from the imposition of strict to be taken (see new section 85(12) in clause 89). liability offences.
Similarly, new section 86G of the Rail Safety Act (in Requirements to provide information clause 89) provides that it is an offence to use, or cause or permit to be used, or otherwise disseminate information The safety director may require certain information from rail derived from a videorecording or related material in relation transport operators under various provisions in the bill. For to drug and alcohol controls where the videorecording or example, new section 61B(3)(a) in clause 80 where a rail related information is required to be destroyed except in good transport operator has applied for an exemption from a faith for the purposes of a relevant offence. A person charged designated provision of the Rail Safety Act (as defined in new would need to show that he or she used or disseminated (or section 61A). caused or permitted the use or dissemination) in good faith for the purposes of a relevant offence. This reverses the onus of In each case, the person is required to only provide proof. information in connection with regulated activities under the statutory scheme. I consider that any interference with the Justification for provisions right to privacy through the gathering, recording, publication and transfer of such information is neither unlawful nor In each case the limitation serves the important purpose of arbitrary. ensuring that prosecution is an effective mechanism for ensuring cooperation with the activities of transport safety Accordingly, I consider that these provisions are compatible officers or the safety director or to secure the safe operation of with the right to privacy in section 13 of the charter act. railways in Victoria (and, in the case of restrictions on the use of videorecordings, securing a person’s right to privacy). The imposition of an evidential onus ensures that the defendant
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
Thursday, 7 March 2013 ASSEMBLY 831
Entry to residential premises section 85(3) in clause 89). However, the right may be subject to reasonable limitations. The powers of entry in the Rail Safety Act may be exercised in respect of railway premises. Entry may be made without The right is arguably to be most acutely applied in the context consent. The national law (agreed by first ministers of of laws which seriously confine freedom of movement. This participating jurisdictions including Victoria to be adopted as is not the case in respect of the provisions in the bill. While a law of each participating jurisdiction) contains provisions the provisions in the bill engage the right the provisions are which enable rail safety officers to enter residential premises highly limited in scope and consistent with Victoria’s road without consent or a warrant. safety scheme.
Consistent with the national law, new section 75 of the Rail Assuming that provisions in the bill limit the right in Safety Act (in clause 89 of the bill) provides transport safety section 12, any such limits are demonstrably justified under officers with powers of entry to residential premises in limited section 7(2) of the charter act for the following reasons: and highly contained circumstances. the right to freedom of movement is not regarded as an New section 75 provides that entry to residential premises absolute right in international law and can be subject to may only be made with the consent of the person with control reasonable limitations; or management of the premises, under a search warrant or for the sole purposes of gaining access to suspected railway any limitations on these rights occasioned by the use of premises but only if the transport safety officer believes that these provisions are clearly and demonstrably justified. no reasonable alternative access is available and at a The limitations imposed on the right by the powers are reasonable time. directly and rationally connected to their purpose. There are no less restrictive means available to achieve these Search warrants may also be obtained under the Rail Safety purposes. Act on specified grounds and subject to certain procedures. Administrative decisions and the right to a fair hearing Engagement of the right to privacy Under section 24(1) of the charter act, a party to a civil The powers of entry to residential premises engage the right proceeding has the right to have the proceeding decided by a to privacy, including in the context of interference with a competent, independent and impartial court or tribunal after a person’s home and private property, and the right to property. fair and public hearing.
Any interference with privacy is not unlawful or arbitrary. In Kracke v. Mental Health Review Board & Ors (General) The circumstances in which the right may be infringed are [2009] VCAT 646, Bell J concluded that the right to a fair heavily circumscribed and are within a reasonable range of hearing is not confined to proceedings of a judicial character policy and legislative responses given the paramount and can apply to civil proceedings which are of an objective of securing rail safety. administrative character. Bell J noted that in assessing compliance with the right, regard may be had to the whole The ability to enter residential premises without warrant or decision-making process including reviews and appeals. consent is very limited. Entry must be for the sole purposes of gaining access to suspected railway premises if the transport I have considered the effect of the provisions in the bill safety officer believes that no reasonable alternative access is including the provisions which amend existing provisions in available and the access is at a reasonable time would be the Rail Safety Act on the fair hearing right. exceptional and may be balanced against the paramount need to secure rail safety. In deciding whether there is a breach of the right to a fair hearing, the processes must be considered in their entirety I consider the power to be within a reasonable range of including any available rights of appeal or review. I consider responses to secure rail safety consistent with the overall they accord individuals their right to a fair hearing. In regulatory scheme. Insofar as there is any limit on the reaching this conclusion, particular weight has been given to section 13(a) right to privacy or a person’s property rights in the fact that there is an opportunity for individuals adversely respect of residential premises, it is a reasonable limit. I affected by a decision to seek a review by VCAT in respect of consider the provisions to be compatible with the reviewable decisions. section 13(a) right to privacy. In each case, I consider that the procedures provided in the Freedom of movement bill, including any rights of appeal or review that are available are appropriate to the nature of the particular interests that are Section 12 of the charter act provides that every person at stake. lawfully within Victoria has the right to move freely within Victoria. In my opinion, there are no incompatibilities with section 24 of the charter act. None of the reviewable decision provisions Freedom of movement is engaged by some provisions or provisions to which appeal rights apply appear to test or relating to drugs and alcohol, where a person may be required infringe the Scrutiny of Acts and Regulations Committee’s to undertake certain tests and to go to a certain place for that terms of reference. purpose, which necessarily although temporarily restrict a person’s movement. For example, because a person may be As I have reached this view, I have not specifically referred to required to accompany a police officer to a police station and each reviewable decision or procedure in this statement. remain there until a test has been conducted or until 3 hours after the person carried out rail safety work (new
TRANSPORT LEGISLATION AMENDMENT (RAIL SAFETY LOCAL OPERATIONS AND OTHER MATTERS) BILL 2013
832 ASSEMBLY Thursday, 7 March 2013
Conclusion dedicated rail lines are essentially in the same position. I consider that the bill is compatible with the Charter of These types of rail operations are heavily localised and Human Rights and Responsibilities Act 2006. while important to local communities and economies are not connected to national rail networks and are Terry Mulder, MP therefore not critical nationally. Minister for Public Transport It is these considerations which led Victoria to agree Second reading with the commonwealth and other states and territories Mr MULDER (Minister for Public Transport) — I to exclude the state’s tram and light rail operations and move: seven tourist and heritage operators operating on stand-alone lines from the national rail safety scheme That this bill be now read a second time. and to retain them under local legislation overseen by the director, transport safety or Transport Safety This bill is essentially a companion proposal to the Rail Victoria. Safety National Law Application Bill. The retention of state coverage of tram and light rail Honourable members will recall that the purpose of the operations was agreed early in the intergovernmental Rail Safety National Law Application Bill is to give discussions and recognised in the agreement signed by effect in Victoria to the national rail safety regulation first ministers in August 2011 which came out of those scheme, including a national rail safety regulator, and a talks. However, the excluded tourist and heritage national rail safety investigator as part of the state’s railways only nominated recently to remain under local intergovernmental obligations. Victorian regulation. This followed representations On the other hand, the prime purpose of this bill is made to me by the Association of Tourist Railways, simply to modify the scope of Victoria’s existing rail which holds concerns about extra costs of national safety statute — the Rail Safety Act 2006 — as a result regulation identified in impact assessment material of Victoria’s entry into the national scheme. prepared by the National Transport Commission.
Essentially, the Rail Safety Act must be adjusted to As indicated, the prime purpose of the bill before the exclude coverage of the national rail operations house is to confine the scope of the state’s Rail Safety regulated by the Rail Safety National Law Application Act 2006 to the domestic rail operations I have Bill while retaining its application to the state’s mentioned. A natural consequence of the change is that domestic rail operations, which do not transfer to the the bill renames the act the Rail Safety (Local national scheme. Operations) Act in recognition of its abridged coverage.
The key to understanding the bill is recognising that A secondary purpose of the bill is to update our local some rail operations are purely local matters which statute as a result of the changes to rail safety regulation have little or no national strategic or operational negotiated by Victoria and other jurisdictions during the importance. Operations in this category clearly include development of the national law. The national law tram and light rail operations, which stand alone from essentially retains and updates the state’s existing the state’s other rail networks. The prime example is, of regulatory framework. While the key features of the course, Melbourne’s light rail and tram system operated local scheme remain unchanged, adjustments and by Yarra Trams. This iconic network is the world’s improvements are nonetheless made throughout to most extensive light rail and tram system and is larger things like definitions, offences, penalties and other than the world’s other great systems found in other provisions and these matters need to flow through to major cities like St Petersburg, Berlin, Moscow and local laws to keep our rail safety legislation Vienna. contemporary and nationally consistent.
While our tram and light rail network is a crucial part of A third purpose of the bill is to make sure that the drug Melbourne’s transport system and makes a strong and blood alcohol control provisions in the national law contribution to the city’s famed liveability, the network for rail safety workers such as train drivers and signal is not connected to any national or interstate rail operators are properly fused with the drug and alcohol operation. Melbourne’s tram and light rail network is, control scheme in Victoria’s existing legislation. This is in short, about as local as rail operations get. needed so that satisfactory national and local schemes are in place as the national provisions are skeletal and Many tourist and heritage tram operations and heavy unsatisfactory in this important area. They require railways operating in regional areas of Victoria on extensive supplementation from the state scheme in
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 833
respect of offences, compliance and enforcement Mr WATT — I am talking on the bill. I am talking powers and testing requirements in order to set about the act we are amending and the contribution of enforceable and workable standards and to maintain the member for Lara, who had no idea about the act he proper drug and alcohol controls in the rail industry. was talking about in the first place. Given the fact that the member for Lara — — Many of the changes made by this bill are technical including those which are of a consequential or Mr Eren — On a point of order, Acting Speaker, transitional nature. I refer honourable members to the when the Deputy Speaker was in the chair she pulled explanatory memorandum where further information members of the government up in relation to not on these and other matters in the bill can be found. speaking on the bill. I draw your attention to the fact that the bill before the house is not about me. The Finally, the bill amends the Bus Safety Act 2009 to debate should be about the bill. enable bus operators to apply to the director, transport safety for exemption from accreditation and registration The ACTING SPEAKER (Mr Morris) — Order! requirements in appropriate cases. The adjustment is The member’s point of order is relevant — — supported by the red tape commissioner and brings the bus sector into line with rail by making the same Mr Eren — My point of order is to ask that you statutory changes made by the bill to the Rail Safety bring the member back to the bill. Act 2006 which themselves draw on the precedent set in the national rail safety law. The ACTING SPEAKER (Mr Morris) — Order! The member’s point of order is relevant, but I do not The government anticipates that the exemption power uphold it. The member for Burwood is entitled to refer will be used in appropriate cases to temper some of the to matters raised during the debate. inflexibility of the regulatory requirements in the rail and bus safety schemes and to reduce red tape in Mr WATT — Once again I say that this bill is measured ways which do not compromise the state’s about amending the Major Sporting Events Act 2009. I high transport safety standards. sat through half an hour of a mind-numbing contribution from the member for Lara, and I was I commend the bill to the house. specifically talking about the contribution of the member for Lara on this bill — — Debate adjourned on motion of Mr DONNELLAN (Narre Warren North). Mr Eren — On a point of order, Acting Speaker, once again my name is being bandied around in relation Debate adjourned until Thursday, 21 March. to this bill. I urge you, if you can, to ask the member to get back to speaking about the bill before the MAJOR SPORTING EVENTS house — — AMENDMENT BILL 2013 The ACTING SPEAKER (Mr Morris) — Order! Second reading I have heard enough. The point of order is not upheld, and if the member for Lara raises it again in that Debate resumed from earlier this day; motion of context, I will ask the Speaker to come in and deal with Mr DELAHUNTY (Minister for Sport and him. Recreation). Mr WATT — I just shake my head. Getting back to Mr WATT (Burwood) — I rise to speak on the the bill and talking about the act we are amending and Major Sporting Events Amendment Bill 2013. I want to about contributions put forward during this debate, start by saying that the purpose of the bill is to amend specifically the mind-numbing contribution from the the Major Sporting Events Act 2009. I sat through the member for Lara, who had no idea about the bill, no mind-numbing contribution from the member for Lara, idea about the fact that he was in this chamber, I and I have to say that I wondered whether I was about presume, in 2009 when the principal legislation was to fall asleep and whether the member for Lara fell introduced — — asleep when the bill was originally introduced. Some of the things the member for Lara said during his Mr Eren — On a point of order, Acting mind-numbing contribution — — Speaker — —
An honourable member — On the bill — come on!
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
834 ASSEMBLY Thursday, 7 March 2013
The ACTING SPEAKER (Mr Morris) — Order! Mr WATT — I am about to refute the argument of I call the member for Lara. Does the member claim to the member for Lara, who had absolutely no idea about have been misrepresented? the bill. Section 7 of the principal act says the minister may declare a particular event to be a one-off major Mr Eren — The member continues to use my name sporting event and that it can be protected under the in his contribution to the debate on this bill, and again I crowd management provisions of the act. In relation to urge you to ask him to get back on the bill. the contribution trotted out by the opposition lead speaker with respect to Skilled Stadium, what he does The ACTING SPEAKER (Mr Morris) — Order! not understand is that whether the stadium is Kardinia The member is being relevant in referring to the bill. I Park, Skilled Stadium — — do not uphold the point of order, but I urge the member for Burwood to perhaps refer to the ‘opposition lead An honourable member interjected. speaker’. Mr WATT — Or Simonds Stadium. Whichever Mr WATT — Thank you for your guidance, Acting stadium it is in the state does not matter; the minister Speaker. I will refer to the mind-numbing contribution can declare a sporting event there protected under this of the opposition lead speaker, who had absolutely no act. The member for Lara had no idea what he was idea about the bill before the house and absolutely no talking about, because I have to tell members that that is idea about the act we are amending. The member section 7 of the act, not the bill; it is section 7 of the act would have been in this chamber when the bill for it which he passed — — went through the house during the time of the previous government. He was probably asleep, because he had Mr Eren — On a point of order, Acting Speaker, it no idea that section 7 of that act, which is the act we are is clear the member is not getting the message of amending, allows the minister — — sticking to the bill. He is now 6 minutes into his contribution on the bill before the house, and he is Mr Eren — On a point of order, Acting Speaker, continually talking about me and my contribution. I this is the fourth time I have risen to draw your urge you to instruct him to go back to the bill before the attention to the member talking about me and how I house. have conducted myself in relation to this legislation before the house. I urge you to ask him to get back to The ACTING SPEAKER (Mr Morris) — Order! the bill before the house. I do not uphold the point of order, but I suggest the member should rebut the arguments and not reflect on Mrs Powell — On the point of order, Acting the manner in which they were presented. Speaker, it is obviously quite relevant for a member speaking on this bill to talk about the contributions Mr WATT — Clearly section 7 of the act already other speakers made on the bill, particularly that of the does what the member for Lara was asking for, and he lead speaker for the opposition. I urge you to say that and others passed that act four years ago. I just point the contribution being made by the member is relevant. out once again that the member does not know what he is talking about. Mr Eren — Further on the point of order, Acting Speaker — — I move on now to other parts of contributions certain members made in which they talked about The ACTING SPEAKER (Mr Morris) — Order! closed-circuit television cameras. We have to I have heard enough, and I will rule. To the extent that understand that AAMI Park, Etihad Stadium and the the member may be reflecting on the state of mind of MCG already have cameras of some sort around the the lead speaker, I uphold the point of order, and I urge place. What AAMI Park did not have under the the member to return to matters of substance. previous government was enough money to put in seats or grass. If members opposite wanted to talk about what Mr WATT — On the substance of the bill and the was missing, they should have talked about what the principal act and the contribution that was made that government of the time did not account for in relation was completely wrong, and in terms of refuting the to AAMI Park. contribution — — The contributions of not just the lead speaker for the The ACTING SPEAKER (Mr Morris) — Order! opposition, the member for Lara, but also those of a I ask the member to refute the argument with the number of other members referred to the community substance. sport code of conduct. This bill is about major sporting events; it is not about the code of conduct. It has
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 835
nothing to do with the code of conduct. The code of I am very pleased to make a contribution to the debate conduct still applies. The member for Lara and a on the Major Sporting Events Amendment Bill 2013. I number of other members on the other side talked about say at the outset that Labor is not opposing this bill. the code of conduct, but the bill has nothing to do with that. I therefore find it very interesting to hear — — Mr Helper — Why not?
An honourable member interjected. Ms KNIGHT — I will tell you. The intention of the bill is to improve crowd behaviour and safety at major Mr WATT — Yes, because I am refuting the sporting events. Sadly we have seen recently some contributions of people who clearly have not read the terrible behaviour from crowds at sporting events. The act or the bill and had no idea what they were talking intention of this bill is a good one. It is really important about. that everyone has an opportunity to be a spectator at major sporting events without fear. The bill provides an The other thing I will point out is that our government opportunity to send a very strong message that sport has provided money for a number of major sporting should be inclusive. Anything we can do to make sure events and a number of — — that everyone is able to engage in sport and to attend events, we should do. An honourable member interjected. People will only participate in sport if they feel safe. Mr WATT — Snooker in Bendigo, the Ironman Often engagement with sport starts with being an event, the Asian cup, world cricket. I have to tell observer. The wish to participate is dependent on how members that we have provided money for those accepted people feel at events. For example, girls, events. We have also provided money for significant women, people of different abilities, people from sporting events such as the cycling in Geelong, Ballarat culturally diverse backgrounds and community and Lorne. As a government we take sport and this bill members who are gay or lesbian may feel reluctance and this act seriously. It is just disappointing that others about participating in sport if they have had a bad who got up to speak on this bill had no idea what they experience or if they have felt vilified at a sporting were talking about and did not bother trying to find out. event as a spectator. If we do not have participation The bill also provides for the removal of the prohibition from all members of our community, then sport is on flags and banners of certain sizes. Sporting events definitely the loser. and sporting stadiums already have rules which allow I will go through the main points of this bill, and then I these types of things. We do not need to have it in the will talk about some of the concerns we have on this act, so it is being removed. I am a club member of side. The bill extends the reach and impact of the crowd Melbourne Victory, and I have been a member since management provisions of the act; strengthens the day one. I am a big Melbourne Victory fan. We had a powers of authorised officers and police; adds the great result last week; 5-0 was a fantastic result. I Melbourne Cup and Caulfield Cup to the list of major appreciate going to see Melbourne Victory. I appreciate events covered by the crowd management provisions, a lot of the banners. It is a great atmosphere. I always and I will come back to that in a bit more detail later; go with my kids. I have two young boys. I always take makes some changes to aerial advertising provisions; them to the soccer. I love the game. I love the spectacle. amends some crowd management provisions so they What I do not like is flares. They are not good for the will apply to the concourse around Docklands Stadium sport. It is ridiculous that people think that taking flares when events are held there; makes some amendments to a game is fun. It is not. I do not like having smoke in to ticketing provisions; shifts the responsibility of my eyes. I do not like sporting events where a number commencing proceedings for an offence to include the of flares are let off so I cannot even see the game. It is police; increases penalty units for offences under the important to crack down on flares. I commend the bill act; creates a new section that includes the offence of to the house. defacing or damaging sporting competition space or Ms KNIGHT (Ballarat West) — I think we need to structures in that space; and makes it an offence to enter take a moment to get over what one might class as a a venue without a ticket or without authority. ministerial performance from the member for Burwood. Mr Helper — All that in one bill! It is a shame it is not his birthday — he could be Premier by dinnertime. Ms KNIGHT — All that in one bill. While we do not oppose the bill, as I said, we have some concerns, which I will outline now. The first concern is the lack
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
836 ASSEMBLY Thursday, 7 March 2013
of education or resources to assist in implementing this Ballarat, does major events. It is noteworthy that in the bill. While I agree with the intention of the bill, if the January–February period this year, almost $8 million best intentions are not resourced or funded, then those has come into our economy from major event intentions may not be achievable. The other concern I visitation. There were 44 event days, and we had have is that this bill focuses only on elite sport. To go 27 450 overnight stays and over 61 000 visitors or back to my earlier point about people feeling included participants at 16 events in two months. As the member as spectators and that being the first stage in engaging for Ballarat West I was going about town while those in sport, we need to look at community sport at a events were on, and there was a real buzz in the city. It grassroots level. It is where attitudes are often formed is incredibly important that we continue to support for children and for young people and often where major events, and particularly sporting events, through behavioural boundaries are learnt. both legislation and a government commitment.
I am talking about behavioural boundaries in terms of I am not saying sporting events are the only major parents and carers as well as kids who are engaged in a events that come to our communities, as we have sporting event. It would be a strong statement if when fantastic arts events as well. However, we have had the talking about supporting a code of conduct and talking mountain bike event, cycling, four-nations netball and about behaviour and safety at sporting events, we the Victorian Schools Cycling Championships. Who extended that to the sporting events that happen in our can forget the Victorian Teachers Games? That was a community rather than just the major sporting events. I great event. We had the Basketball Victoria Country make that point. club championships, golf, women’s cycling and, as I referred to earlier, the Ballarat Cup, to which this The other thing the bill lacks is a focus on regional legislation does not extend and for which I would like events. I use the example of racing. The bill includes to put in a plug that it be held on a Saturday. the Spring Racing Carnival events such as the Melbourne Cup and the Caulfield Cup, but there is no I would like to reiterate that we are not opposing this inclusion of, say, the Ballarat Cup or the Stawell Gift or bill, but there are some very real concerns on this side any regional events at all. That is what is lacking in the of the house, namely around grassroots and community bill. As a member of a regional electorate I cannot help sport and the non-inclusion of regional cities. However, but feel sometimes that this government thinks Victoria in saying that, I wish this bill a speedy passage through begins and ends in Melbourne, and I want to point out the house. that it does not. Places like Ballarat are very good at hosting major events, and we host a lot of events. It was Mr SOUTHWICK (Caulfield) — It is my pleasure remiss of the government to ignore that in the drafting to rise to speak on the Major Sporting Events of this bill. For example, it is no secret that I am a great Amendment Bill 2013, and as members have already advocate for redeveloping Eureka Stadium in the hope heard from many of my colleagues this is a very that we may get some AFL games there. If that were important bill. It not only changes a number of things to the case — and I call on the government to make it ensure that people feel safe when attending major so — then this bill would not extend to those games, sporting events, but it is also a signalling bill to ensure and that is what is lacking in this bill. that those who attend these sporting events understand that bad behaviour will not and cannot be tolerated. A I have also called on the government to complete the state that prides itself on hosting major events, facility at Morshead Park so that we can bid as a nation including sporting events, needs to ensure that it builds in the Asian cup. Whilst I acknowledge that the on and protects that reputation. In order to do that, we government provided $2 million for that, the Labor need to make sure that we have the best and tightest government committed $5 million going into the last legislation possible, and it is the job of the people in this election, and if we had been elected, that facility would house to ensure that people at venues, facilities and have been completed. We would have had a sporting events feel safe and secure. world-class facility in my electorate of Ballarat West, which would have been not only great for sport but We have already heard members refer to a number of fantastic for my community. It would bring money into sporting and other events. Visitors come to Melbourne our local economy and give us a sense of pride in a for a whole host of reasons, but they are well and truly local piece of infrastructure, so it is a shame that the aware of our reputation, whether it be in regard to the government does not see those benefits along with us. tennis, the grand prix, racing, football or, now, soccer, because we have such a good reputation. I was down at I want to talk about major events a little more and point AAMI Park and the tennis centre just last week with an out how well regional Victoria, and in particular international visitor who is a big fan of soccer, and with
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 837
compliments of the minister I took him on a tour of the the authorised officer with the ability to ask for soccer facility. This gentleman does some reporting in evidence of a person’s name and address and to ensure his country about sporting events, and we were able to that that request is enforced. showcase our fantastic facilities for him. The bill also creates ticketing offences, and in particular We can really be proud that we have AAMI Park, a prohibits scalping of small numbers of tickets to purpose-built facility that now links to the tennis centre protected events. That carries an on-the-spot fine of and the MCG. Everything is in that one little tight hub. 5 penalty units or $704. Again, I and many other At the same time as having these great facilities for government members have often commented on how major events, we need to make sure that people, and great it is to be enterprising and looking to earn money most importantly families, feel safe when they attend in the right environment, but when you are doing it these events. Many members have spoken about local under false pretences by scalping tickets nobody sporting events in their electorates, and I am a big fan benefits, other than the individual doing that. We need of local sport in my electorate. We have some great to be tough in this area and provide for a severe enough clubs that do terrific things for young people, whether it penalty to deter offenders and ensure that the event and be in football, soccer or cricket. For a number of years I its reputation are protected. was involved in coaching the under-9s and under-10s with the Ajax Football Club. I coached up to a The bill also allows a police officer or the Director of premiership and then decided to hang up the coaching Public Prosecutions to bring proceedings for a ticketing title and leave the kids to go on to bigger and better offence and enables the police to seize and retain tickets things. Many of these kids absolutely idolise the elite in relation to a ticketing offence. If a person is found athletes who play in major events in Victoria, and they guilty of a ticketing offence in court, the penalty will be look forward to attending those events. Major sporting paid, and the tickets will be forfeited. There are a events are a billion dollar-plus industry, and the reason number of extra provisions around ticketing and also a it is a big industry is we have international visitors and fair bit of protection around the Spring Racing Carnival young kids who love to go and watch sport. events to ensure that there is appropriate crowd management. We all love sport, whether we watch it on television or attend in person. But unfortunately when we are faced Caulfield Racecourse, which is managed by the with the sorts of incidents we are seeing currently — Melbourne Racing Club, is in my electorate. The club flares going off and people trying to disrupt facilities hosts three very important race days as part of the and events — it is necessary to act. Members will be Spring Racing Carnival — the Caulfield Cup, the aware of the conduct over the years of Peter Hore, who Guineas and the Thousand Guineas Day. During those was a serial pest, who tried to make himself famous by events many locals as well as people from outside disrupting major sporting events. We remember when Caulfield attend. In the past there have been instances at the Melbourne Cup he stormed onto the track during of inappropriate behaviour, and such behaviour will not the race. Such behaviour not only threatens safety but is be tolerated in future. A few years ago the club the sort of thing that harms the reputation of such experienced a change of direction, with the events. Peter Hore continued that sort of activity at a appointment of a new CEO and a new board. The number of different major events. Such behaviour Melbourne Racing Club self-regulated to ensure that cannot be tolerated and neither can the defacing of behaviour was tidied up regarding drinking offences. property. Only a few weeks back we saw images of There has been a large reduction in those sorts of chairs being ripped out of a soccer stadium, with people offences as a result of that proactive approach by the getting rather excited. It is good to be excited and club. passionate about sport, but there is a limit to how excited one can get, particularly when you are talking The changes in the bill are the sorts of measures we about defacing or destroying property. People need to need to work on in conjunction with major sporting be accountable for that sort of behaviour. event providers to ensure that there is a collective and coordinated approach, that people can feel safe when The bill expands on a range of offences which can attending events and that the reputation of Victoria as trigger a ban, including the disruption of an event by a the major and internationally recognised place to be person entering the competition space. It also extends when it comes to sport is not only protected but the application of the existing power of police officers enhanced. I am very proud to be part of a state that to request a person’s name and address, increasing the really does promote major events and provides so much penalty from $140 for refusing to provide a name or for entertainment for everybody to enjoy. There is always providing a false name and address. The bill provides plenty to see in Victoria, and I am keen to look at how
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
838 ASSEMBLY Thursday, 7 March 2013
we can enhance that image and attract even more of those fine traditions that has unified not just members those events to Victoria. This is an important bill. A lot of the Commonwealth of Nations but also of effort has been expended on it by the Minister for cricket-loving people all around the world. My own Sport and Recreation, and I congratulate him on his community has a number of cricket clubs, all of which efforts. I wish the bill a speedy passage, and I commend make an important contribution to the binding together it to the house. of young and old cricketers, aspiring cricketers and administrators and also provide the basis for the elite Mr FOLEY (Albert Park) — It gives me great level of the game. Cricket needs continued support pleasure to make a few brief comments on the Major from all levels of community and government to ensure Sporting Events Amendment Bill 2013 and to note the that, for instance, the very unsatisfactory state of affairs contribution of the honourable member for Caulfield. I we see on the subcontinent at the moment is not support his comments praising those people who work allowed to continue. The elite level of sport is built on hard at their enterprising arrangements. He stated that the success of community level sport, and those issues we should not allow people to profit by acting under should be dealt with in the bill in terms of how they false pretences. They were good sentiments expressed extend into codes of conduct. by the honourable member for Caulfield, and I urge him to heed his own counsel in that regard. Sadly, the fine sport of cricket has seen unsavoury incidents — not as many as other codes have seen — The opposition will not oppose the bill. It builds on the and bad behaviour both on and off the field. Whilst I work of a number of acts over a number of years that am not the greatest fan of Twenty20 cricket, I can see it have consistently supported the important role that has introduced the fine game of cricket, and sport in sporting events have in our state and indeed in local general, to legions of fans, particularly younger ones, in communities. In that regard the main features of the bill this and other towns. When we see inappropriate are to consolidate and extend certain arrangements behaviour on and off the ground it becomes apparent regarding crowd management provisions around a that the measures that need to be taken by the number of major sporting facilities and events. It leadership roles of players and administrators are not empowers different agencies, particularly government unimportant. Equally there should be continued support agencies, to act in managing incidents of a wayward for the framework of cricket. Whether it be women’s nature that sadly occasionally occur at events and cricket, cricket for people of different abilities, local provides for new offences and powers for enforcement community cricket or elite cricket, all should receive agencies in responding to such offences. Such measures support from all levels of government and the include banning orders, further enforcement provisions community. I am sure that the minister who has regarding unsavoury fraud processes associated with stewardship of this bill is attuned to the needs of the scalping and a number of other minor and cricket community. consequential amendments. This bill also specifies how the minister can deal with I was particularly impressed with the contribution of the inappropriate and hooligan-like behaviour. Sadly, no honourable member for Dandenong as a former sporting activity — indeed no general community minister in this area. He was able to place the bill in a activity — is immune to the scourge of hooliganism or much broader context of activity and talk about the inappropriate behaviour. Indeed this very chamber sees important role that different sporting arrangements play both all too regularly. We have seen a form of in economic development and visitation strategies of hooliganism displayed by way of a single honourable numerous communities, whether they be local, regional member holding an entire government to ransom. We or in the Melbourne metropolitan region. The need to make sure that the opportunities for honourable member for Dandenong acknowledged the hooliganism on the sporting field and in and around work of the current minister in bringing together and sporting venues are limited. We need to ensure that building on those contributions, and I thought that was education and support are provided to emerging and a particularly meaningful and relevant point. younger groups of fans so that they know what constitutes appropriate and inappropriate behaviour. In that regard many of the sporting codes the bill seeks We also need to ensure that there are clear guidelines to cover regarding major events are also important in that allow enforcement agencies to deal with the community building, and while there are many to transgression of boundaries. choose from I will restrict my comments to the fine sport of cricket. Cricket is one of the few good things Given that this bill deals with some aspects of those that British imperialism has brought to the world, important provisions, we on this side of the chamber do together with tea and the jury system. Cricket is one of not oppose it. We welcome the amendments insofar as
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 839
they build on a consistent pattern of sensible and provisions to the concourse around the Docklands progressive reforms in this important area. Sporting Stadium on days when events are to be held. It also codes do not just bind many local communities deals with the issue of the use of flares and other together; they also deliver important visitation benefits dangerous and unreasonable behaviour. It is important to the local economies and communities of the people to note the unique set-up of the Docklands Stadium. of Victoria. We in opposition wish the bill a safe The fact that it is located amongst other commercial passage through this chamber and the other place. operations as well as within a residential area makes it a unique establishment. It is important that the concourse Mr ANGUS (Forest Hill) — I am pleased to rise to surrounding the arena and the building itself be covered speak in support of the Major Sporting Events by the provisions in this legislation. Amendment Bill 2013. The purposes of this bill are sevenfold. I will touch on them and then go back to The bill removes a prohibition on flags and banners of a look at each aspect of the bill in turn. The purpose of certain size because such a prohibition is now the bill is to amend the Major Sporting Events Act 2009 superfluous; we do not need to deal with it in that way. to: firstly, extend the crowd management provisions to This legislation makes it an offence to deface or additional major sporting events and venues; secondly, damage a sporting competition space — including a further provide for the powers of authorised officers in competition surface such as an arena, track or any other relation to crowd management; thirdly, provide for new structure, equipment or vehicle in that space — without offences and infringement offences; fourthly, enhance authorisation. That is a very important issue. We have banning order powers; fifthly, extend the aerial seen examples in various jurisdictions, some of them advertising provisions to additional major sporting overseas, of significant damage that has been done to events; sixthly, provide further for the enforcement of sporting fields. Such damage inevitably impacts, offences against the sports event ticketing provisions; sometimes devastatingly, on future competition on the and seventhly, make other minor and consequential affected playing field. That is totally unacceptable amendments to the act. behaviour. One of the great things about all of us in Victoria is we love our sport, so that sort of behaviour It is important to set some context in relation to this bill. needs to be roundly condemned, as it is. This bill As Victorians — and many of us are from enhances the condemnation of that sort of behaviour Melbourne — we understand full well the fact that within the letter of the law. Melbourne is renowned as the sporting capital of the world. Victoria has an outstanding reputation for The bill creates a new offence of entering an event organising and hosting many significant domestic and without a ticket or authority when a major sporting international sporting events and has done for a long event is being held. The bill is about common-sense period of time. That reputation is something we need to provisions, but they are very important ones. It expands actively protect. Most importantly, as the government the range of offences that can trigger a ban order, and and citizens of this state we have an obligation to they include disrupting an event while the competition protect the safety and ensure the orderly conduct of is under way. We go to these events with goodwill. We patrons who attend sporting events in Victoria. may take our families, friends, business acquaintances or other people to enjoy the spectacle of a first-class I now turn to the overall objectives of the bill. The bill event put on before us. As I said before, many of us in amends the Major Sporting Events Act and addresses this room have been to major events held throughout three main issues. Firstly, it aims to improve crowd this great state of ours over the years. We go to enjoy behaviour and safety. As I said, that is an absolutely the events, not to be disrupted, threatened or made to fundamental issue; it is a cornerstone issue for this feel uncomfortable by the inappropriate behaviour of government. I have spoken in this place many times hooligans and their loud carrying-on. We do not go to about the importance of law and order and that it is a participate in or witness that but rather to enjoy the fundamental cornerstone of an orderly society. That is spectacle of the competition before us. It is appropriate certainly what we advocate generally and also for us to beef up the legislation in relation to that sort of specifically within this bill. Secondly, the bill aims to behaviour. protect additional events from ambush aerial advertising, and I will come back to that in a minute. The bill consolidates powers in the act relating to Thirdly, it aims to combat ticket scalping. asking for a person’s name and address. It gives police officers the ability to ask for the name and address of a This bill adds key Spring Racing Carnival events to the person who has been directed to leave pursuant to the list of events covered by the crowd management act — that is, when it has happened as a result of their provisions within the act. It also applies selected unreasonably disruptive behaviour. Again, that is
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
840 ASSEMBLY Thursday, 7 March 2013
entirely appropriate. When someone is evicted in that on the management and operation of the major events way, their details are recorded so that they cannot that we all, whether we live here in Melbourne or re-enter and pretend it is the first time they have been elsewhere in Victoria, have the great privilege and in. That is very appropriate. opportunity to participate in and witness. On that note, I will conclude my contribution. This is a sound bill, and The bill adds an infringement of 1 penalty unit for I strongly support it. I commend the bill to the house. refusing to provide a name and address or for providing a false or misleading name and address pursuant to the Mr CARBINES (Ivanhoe) — I am pleased to make act. It provides for an authorised officer to have the a contribution to the debate on the Major Sporting ability to ask for evidence of a person’s name and Events Amendment Bill 2013. With this opportunity address. It clarifies the requirements surrounding that so just before lunch, I will outline some of the remarks I that, rather than just being told something, an would like to make, particularly my concerns about authorised officer, whoever it may be — whether it be a how regional Victoria — particularly Geelong, the police officer, a security person or another authorised largest provincial city in Victoria — has been officer — has the right to see evidence of someone’s overlooked in several sections of this bill. Some identity. That can now be dealt with efficiently in that comments have been made in the journal of record way. down there, the Geelong Advertiser, and by the Geelong Football Club. In order to protect people’s privacy, the bill creates a new offence of inappropriate disclosure of such I have to declare my interest as a paid-up social information obtained under the act by an authorised member of the Geelong Football Club, but I would like officer who is not a member of the police force. There to draw the house’s attention to a range of comments will not be a wholesale, willy-nilly approach to getting made in the Geelong Advertiser editorial in relation to people’s private information and then doing something concerns that this bill does not address the behaviour of with it. The information will be used only for that sporting fans at a range of venues outside metropolitan lawful purpose, and that is a good protection for all Melbourne. The editorial in the Geelong Advertiser of members of the community. 6 March says:
Infringement penalties are introduced for additional With one of three AFL grounds in Victoria, you would think crowd management offences, such as the possession of that any plan to crack down on idiot sport spectators might include Geelong’s Simonds Stadium. BYO alcohol and the possession of flares. As many contributors on both sides have noted during this That is, Kardinia Park — debate, bringing flares to these sorts of significant public events is totally inappropriate and must be But it seems the law-makers up the road in Spring Street are discouraged and condemned at the highest levels. once again being Melbourne-centric when they decided their new laws should only apply at major Melbourne sporting events. As I mentioned earlier, the bill clarifies when an event will be protected by the aerial advertising provisions of People would be aware that Kardinia Park, or Simonds the act. Any replay or rescheduled event is likewise Stadium, has a significant capacity of just over covered. That is an important aspect. If there is a drawn 34 000 sporting spectators. That puts it well and truly in grand final, for example, and a subsequent rematch or a space where it can host major sporting events. some other event comes along, it is relevant to these Therefore the provisions of this amendment bill should provisions that cover aerial advertising. Similarly, the be covering — — bill adds international one-day and Twenty20 cricket matches held at the MCG and the AFL match played on The ACTING SPEAKER (Mr Morris) — Order! Anzac Day to the list of major events permanently It being 1.00 p.m., we will take a break and resume at covered by the aerial advertising provisions. 2.00 p.m.
The bill repeals and amends other provisions in relation Sitting suspended 1.00 p.m. until 2.02 p.m. to various aspects. It also creates two new ticketing offences prohibiting the scalping of small numbers of Business interrupted pursuant to standing orders. tickets, and it carries appropriate fines in relation to that. It does a number of other things as well. One of DISTINGUISHED VISITORS the important aspects of the bill is that it sends a clear message to the community about our views on The SPEAKER — Order! Before calling for behaviour generally, on law and order specifically and questions I would like to acknowledge Andrea McCall and Garry Spry, two former members of this house, and
QUESTIONS WITHOUT NOTICE
Thursday, 7 March 2013 ASSEMBLY 841
Maree Davenport, a former member of the Legislative Honourable members interjecting. Council. I welcome them to this Assembly of ours. The SPEAKER — Order! I do not uphold the point QUESTIONS WITHOUT NOTICE of order. Government: leadership Dr NAPTHINE — Thank you, Speaker. As I say, it is a privilege and honour to be sworn in as the Premier Mr ANDREWS (Leader of the Opposition) — My of this state. I have the confidence of my team as we go question is to the Premier. I refer the Premier to his forward to provide the leadership and governance that comments on 3AW this morning where he said that the the people of Victoria deserve and warrant. former Premier, the member for Hawthorn, had ‘looked around and felt that he didn’t have the support that he Ms Allan — On a point of order, Speaker, under needed’. I simply ask: why? standing order 58 the Premier is not being relevant. If he does not know why, he should just say so. If he does The SPEAKER — Order! My delay is in thinking not know why he is — — as to whether the Leader of the Opposition is looking for an opinion. I will allow the question. The SPEAKER — Order! The Premier has finished his answer. Dr NAPTHINE (Premier) — I thank the Leader of the Opposition for his question. Port of Melbourne: Webb Dock development
Mr Merlino — We want some answers. Mr BATTIN (Gembrook) — My question is to the Premier. Can the Premier advise the house of recent The SPEAKER — Order! The Deputy Leader of decisions the government has taken to grow the the Opposition will get some answers shortly — economic benefits to the state through the port of outside. He should cut it out. Melbourne?
Dr NAPTHINE — Speaker, yesterday afternoon I Dr NAPTHINE (Premier) — I thank the member was advised that the former Premier and the member for Gembrook for his question and for his interest in the for Hawthorn, the Honourable Ted Baillieu, had economic development of the state of Victoria. I am indicated that he did not wish to continue as leader of pleased to advise the house today that recently the the Liberal Party and as Premier of the state and that he Minister for Planning provided planning approval for would be resigning those positions. At 7 o’clock that the Port of Melbourne Corporation works at Webb evening the Liberal Party had a party meeting and the Dock. This decision is an important decision in the next member for Hawthorn announced that he would be step in delivering a much needed $1.6 billion project to resigning his position as leader of the party. The party expand the capacity at the port of Melbourne. then elected me as Leader of the Parliamentary Liberal Party. Honourable members in this house would be aware that Melbourne, Victoria, is the freight and logistics capital Subsequently, at 10.15 p.m. last night, the Governor of Australia. The port of Melbourne is Australia’s administered to me the oath of office, and I was sworn largest container port, with 37 per cent of the container in as the 47th Premier of the state of Victoria. I am very trade going in and out of Australia through the port. proud, honoured and humbled to be sworn in as The port of Melbourne and our freight and logistics are Premier of this great state. Victoria is a great state, and I absolutely essential for jobs in Victoria and for the look forward to providing the strong, decisive growth of the economy in Victoria — and that is leadership that this state deserves and that our team will something that is important to this side of the house, deliver. even if that side of the house is not interested in jobs and in the economy of this state. Mr Andrews — On a point of order, Speaker, the question related very directly to a comment that the We know that in the last year, through the port of Premier had made about the former Premier, and I Melbourne, there were just over 2.5 million, 20-foot would be indebted to him, as would all Victorians, if he equivalent units (TEUs), in and out of the port of were to direct his answer to the subject of the question. Melbourne. We know that the projections of the growth I think we are all apprised of these facts; we have heard in trade will see over 5 million containers move through them from this Premier five times today. It is answers the port by 2025, and there will be 8 million on the we need. agenda by 2035. With that growth in trade there was a need to increase the capacity at the port of Melbourne,
QUESTIONS WITHOUT NOTICE
842 ASSEMBLY Thursday, 7 March 2013
which has a maximum capacity at the moment of the port of Melbourne for the short to medium term and somewhere around 3.5 million TEUs. We know that the create thousands of extra jobs for Victorians, as well as growth of jobs and the economy of this state depend on meet the needs of importers and exporters in the state. our having a strong and viable port of Melbourne with adequate capacity. We also know that under the Minister for Police and Emergency Services: previous government — — conduct
Honourable members interjecting. Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier, and it relates to the Ms Allan — On a point of order, Speaker, the Deputy Premier. I ask: does the Premier accept the Premier is offending standing order 58 by debating the assurances of the Deputy Premier and Minister for question. The question had nothing to do with any Police and Emergency Services that he knew nothing previous government’s administration and everything about the plot to undermine the former Chief to do with his now government’s administration. I ask Commissioner of Police, Simon Overland — a plot you to bring him back to answering the question and which was run from within the Deputy Premier’s ask him not to offend against the standing orders. private ministerial office?
The SPEAKER — Order! I do not uphold the point Dr NAPTHINE (Premier) — I thank the Leader of of order because I believe the answer was relevant to the Opposition for his question. I can advise that I have the question that was asked. known the Deputy Premier for over 20 years. He is a man of great integrity and a man who has answered Dr NAPTHINE — I was talking about the many questions on this issue in this house, and I fully importance of having adequate capacity within our port support and have full confidence in the Deputy Premier. system, particularly at the port of Melbourne. I was saying that the Labor government was asleep at the Floods: business recovery program wheel when it came to port capacity. It was negligent when it came to port capacity. Mr NORTHE (Morwell) — My question is to the Deputy Premier and Minister for Regional and Rural Ms Allan — On a point of order, Speaker, under Development. Can the Deputy Premier outline to the standing order 58 the Premier is debating the question; house how coalition government action is stimulating he is attacking the opposition and the previous economic activity and jobs growth in Victorian government. We know this is an answer that the communities affected by the floods in 2011–12. Premier has been desperate to give for weeks — — Mr RYAN (Minister for Regional and Rural The SPEAKER — Order! I believe the Premier Development) — I thank the member for his question. may well have started to stray into debating the The $10 million Victorian business flood recovery question, and I ask him to come back to answering it. program was announced by our government in May 2011, and the guidelines have since been extended to Dr NAPTHINE — This government recognised the cover areas affected by subsequent flooding. This was need to have adequate capacity within our ports for our initiated, as the house will recall, as a result of the exporters and for our importers. That is why this campaign floods we experienced for six-odd months in government has approved a $1.6 billion project to the latter part of 2010 and then into 2011. The idea increase capacity at the port of Melbourne, to expand behind this whole program is to assist existing capacity at East Swanson Dock and West Swanston businesses to expand their operations and new Dock, to turn the east Webb Dock into a new third businesses to establish in areas that are affected by container facility and to provide a new automotive flooding. The coalition’s aim — — facility in west Webb Dock. This will create 1100 direct new jobs for Victorians and nearly Mr Carbines interjected. 2000 indirect new jobs for Victorians. Questions interrupted. We on this side of the house are concerned about creating jobs for Victorians; members on the other side of the house do not seem to be interested in creating jobs for Victorians. That is why I am pleased to advise the house that the Minister for Planning has given planning approval for this project so it can proceed and can deliver the expanded port capacity that we need at
QUESTIONS WITHOUT NOTICE
Thursday, 7 March 2013 ASSEMBLY 843
SUSPENSION OF MEMBER wonderful job in Maryborough. There is $80 000 that has gone into Nev’s Cabinets in Yarrawonga. This has Member for Ivanhoe enabled a small business to expand its manufacturing facilities and in turn the expansion is expected to create The SPEAKER — Order! The honourable member eight new jobs in Yarrawonga. These figures are all for Ivanhoe can leave the chamber for an hour under relative of course. Eight new jobs in the township of standing order 124. Yarrawonga is a very important contribution. It is a great town. Honourable member for Ivanhoe withdrew from chamber. Pickworth Orchards in Tatura was provided with $200 000 to establish a cherry packing hub. That is QUESTIONS WITHOUT NOTICE going to mean extra employment in the Goulburn Valley and will provide a new export market in the Floods: business recovery program high-value European markets in Italy and France. I was in Shepparton just last Thursday, and I know that these Questions resumed. are very important initiatives for that wonderful area of Mr RYAN (Minister for Regional and Rural the state, and there are many others. The point of it all is Development) — The underlying aim was to drive that projects that this program is creating, taken in investment across those areas impacted by the floods whole, are creating new jobs, they are supporting the and to make sure that we could enhance them right old jobs that are there and they are enabling us to ensure across all relevant sectors of tourism, agriculture, food, that in the chain of job creation these are real drivers of forestry, energy and all those areas where job creation future employment in the regions of Victoria. programs are so important. Minister for Police and Emergency Services: I am pleased to tell the house that some 40 projects conduct have been approved to date. The funding to date goes to $7.7 million of that $10 million. It leverages a total of Mr ANDREWS (Leader of the Opposition) — My $122.5 million of investment. It has created 700 new question is to the Deputy Premier and Minister for jobs. I am also pleased to be able to say to the house Police and Emergency Services. Given that Simon that another 19 projects are undergoing the final stages Overland has lost his job, given that the member for of assessment. We anticipate that this will inject a total Benambra has lost his job, given that Tristan Weston of $140 million and about 900 jobs all up into the has lost his job, given that Tony Nutt seems certain to economy of regional Victoria. soon lose his job and that now the former Premier and member for Hawthorn has lost his job, I simply ask: There are many great examples, some very substantial how on earth have you managed to keep yours? and some less so, but all of them vitally important. Among them is $500 000 to Frewstal meats in Stawell Mr RYAN (Minister for Police and Emergency for a chiller facility to assist the company to expand its Services) — I thank the Leader of the Opposition for export business, and I emphasise ‘export business’ his question. The core of this of course is that policing because that is one of the factors that we are in Victoria is critically important to the people of this concentrating on as a government. This will create great state. We on this side of the house are committed 50 new jobs in Stawell and will create secure jobs for to it, and that is why coming into the campaign leading about another 330 employees at that facility. There is into the election in 2010 we gave an undertaking to the $750 000 to assist Olam Australia in the electorate of people of Victoria to do a number of things. Among Mildura to establish a state-of-the-art almond those was the undertaking that we would recruit, train processing centre at Carwarp, near Mildura. It will and deploy 1700 front-line operational police in mean 40 tonnes of almond kernels being processed addition to those who were there when this bunch over annually. It will create 50 new jobs through the region. there were kicked out of government. We undertook to recruit, train and deploy 940 protective services officers There is $500 000 for True Foods, that great company particularly for the travelling public of Victoria. This is in the wonderful city of Maryborough in the seat of a project which from the outset was bitterly opposed by Ripon. One hundred and sixty jobs will be created those opposite — trenchantly opposed by them. initially, all from money that we have been able to contribute to the development of that company. It has Mr Merlino — On a point of order, Speaker, under been a great success for those who have been able to standing order 58 the Deputy Premier is debating the gain employment in that organisation, which is doing a
QUESTIONS WITHOUT NOTICE
844 ASSEMBLY Thursday, 7 March 2013
point. The question was about everyone losing their QUESTIONS WITHOUT NOTICE job. Like a cockroach — — Minister for Police and Emergency Services: Honourable members interjecting. conduct
The SPEAKER — Order! I do not uphold the point Questions resumed. of order. Mr RYAN (Minister for Police and Emergency Mr RYAN — As I was saying, we have a policy in Services) — I am pleased to say that to its credit the place now which was bitterly opposed by all of those opposition has supported the principle of the opposite. They did not want to see it happen. We have importance of bipartisan support for road safety now been able to introduce a policy which is providing measures in Victoria. magnificent support to the travelling public of Victoria. As I speak we have about 250 protective services Mr Merlino — On a point of order, Speaker, the officers who have graduated from the academy. By the Deputy Speaker is not being relevant to the question. end of this month there will be in excess of 300 of them Members on this side, the member for Hawthorn — — patrolling more than 35 stations across the public travelling areas of Victoria. The SPEAKER — Order! I do not uphold the point of order; and next time I stand I expect the member to There is more. We have established a road safety sit down immediately. council. I have the honour, as police minister, of chairing it. It has brought together those important Mr RYAN — As part of this of course we are initiatives in relation to road safety, a 10-year strategy introducing to this Parliament a range of measures that we have announced — — which are going to make it safer for the travelling public of Victoria. We are very confident that we will Honourable members interjecting. reduce the number of deaths on our roads. This will mean that we are able to better highlight the terrible The SPEAKER — Order! The member for incidents that occur and tragic effects people suffer as a Brunswick! result of collisions on our roads, particularly. There will be a range of measures we bring to the house. Time Mr RYAN — We have announced a four-year prevents me, unless I get an extension, from being able action plan that we have brought to the public of to run through all those various measures. They are Victoria after carefully surveying them as to what they going to mean that we will deal with the all-important thought about it. I am pleased to say, in fairness, that in issue of people making poor choices in the way in general principle there is support across this chamber in which they drive their cars on our roads. regard to these — — The answer to the Leader of the Opposition’s question Honourable members interjecting. comes down to this: I have the honour as the minister to Questions interrupted. ensure on the behalf of the government that these many programs and the many others in which we are SUSPENSION OF MEMBER involved are introduced to this chamber, and we are going to see it through. My task is to ensure that those Member for Brunswick initiatives do occur. That is why I am here, and that is why I am going to stay here doing the job that I have The SPEAKER — Order! The member for been asked to do on behalf of a great coalition Brunswick can leave the chamber for an hour under government in Victoria. standing order 124. Honourable members interjecting. Honourable member for Brunswick withdrew from chamber. The SPEAKER — Order! When I get some silence I will call the next question.
Questions interrupted.
QUESTIONS WITHOUT NOTICE
Thursday, 7 March 2013 ASSEMBLY 845
SUSPENSION OF MEMBER Graley, Ms Perera, Mr Green, Ms Richardson, Ms Halfpenny, Ms Scott, Mr Member for Macedon Helper, Mr Thomson, Ms Hennessy, Ms Trezise, Mr The SPEAKER — Order! The member for Herbert, Mr Wynne, Mr Macedon can leave the chamber for an hour. Motion agreed to. Ms Duncan interjected. The SPEAKER — Order! I ask the member for NAMING AND SUSPENSION OF MEMBER Macedon to leave the chamber. I ask the other members who are still serving time to remove themselves from Member for Macedon the chamber.
The SPEAKER — Order! I name the member for Honourable members for Ivanhoe, Brunswick and Macedon. Macedon withdrew from chamber.
Mr McINTOSH (Minister for Corrections) — I QUESTIONS WITHOUT NOTICE move: Questions resumed. That the member for Macedon be suspended from the service of the house during the remainder of the day’s sitting. India: trade mission
House divided on motion: Ms MILLER (Bentleigh) — My question is to the Minister for Innovation, Services and Small Business. Ayes, 44 Can the minister advise the house of action the Angus, Mr Mulder, Mr Asher, Ms Napthine, Dr government is taking to boost its trade relationship with Baillieu, Mr Newton-Brown, Mr India? Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr Ms ASHER (Minister for Innovation, Services and Blackwood, Mr Powell, Mrs Small Business) — I thank the member for Bentleigh Bull, Mr Ryall, Ms for her question and for her understanding of economic Burgess, Mr Ryan, Mr Clark, Mr Shaw, Mr development in Victoria. I am delighted to advise the Crisp, Mr Smith, Mr R. house that tomorrow I will be leading a trade mission to Delahunty, Mr Southwick, Mr India. I will be accompanied by the Assistant Treasurer Dixon, Mr Sykes, Dr and the Minister for Manufacturing, Exports and Trade Fyffe, Mrs Thompson, Mr Gidley, Mr Tilley, Mr in that regard. The Victorian government’s super trade Hodgett, Mr Victoria, Mrs mission to India is the fourth trade mission to India in Katos, Mr Wakeling, Mr 24 months. This demonstrates the Victorian Kotsiras, Mr Walsh, Mr government’s commitment to strengthening Victoria’s McCurdy, Mr Watt, Mr relationship with one of the world’s most dynamic McIntosh, Mr Weller, Mr McLeish, Ms Wells, Mr economies. This mission follows the successful super Miller, Ms Wooldridge, Ms mission that went to India in February 2012. That Morris, Mr Wreford, Ms mission was expected to generate hundreds of jobs and was also expected to generate export growth of more Noes, 42 than $355 million over two years. Allan, Ms Howard, Mr Andrews, Mr Hutchins, Ms Barker, Ms Kairouz, Ms This mission will boost Victorian exports to India and Beattie, Ms Kanis, Ms will increase the flows of investment from India to Brooks, Mr Knight, Ms Victoria. These trade missions are a two-way street Campbell, Ms Languiller, Mr where we also discuss the opportunities to invest in our Carbines, Mr Lim, Mr home state of Victoria. There will be 140 organisations Carroll, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr and 188 delegates attending the mission. These will Donnellan, Mr Merlino, Mr represent nine industries of strategic importance to both Duncan, Ms Nardella, Mr Victoria and India. The mission will boost exports, as I Edwards, Ms Neville, Ms said, and on this mission the Victorian government will Eren, Mr Noonan, Mr Foley, Mr Pallas, Mr break new ground by visiting second-tier cities, Garrett, Ms Pandazopoulos, Mr specifically within the state of Gujarat, a very important
QUESTIONS WITHOUT NOTICE
846 ASSEMBLY Thursday, 7 March 2013
state in India. This will provide opportunities to explore Mr Trezise — Come to Geelong! new markets of strategic importance to Victoria and India. Questions interrupted. In terms of the delegates who will be participating, SUSPENSION OF MEMBER 81 per cent of the organisations on the mission are small-to-medium enterprises, and 43 per cent of the Member for Geelong organisations are new to the Indian market and will use this mission as a platform for engaging with this region. The SPEAKER — Order! The member for Most importantly, these players are part of a larger Geelong can go and find out what is happening in trade mission, which enables them to test the waters in Geelong for an hour, under standing order 124. India. Forty per cent of the organisations on this trade Honourable member for Geelong withdrew from mission are not current exporters. One of the great chamber. benefits of government missions of this size is that people who do not currently export are able to participate in these missions with many hundreds of QUESTIONS WITHOUT NOTICE meetings arranged by my department in advance. Vocational education and training: TAFE The super mission will promote Victoria’s high-quality funding education sector, promote Victoria as a desirable Questions resumed. tourism destination and raise the profile of Victorian industry capability in India. The mission will showcase Dr NAPTHINE (Premier) — As has been strengths and expertise across a diverse range of explained to the house on previous occasions, it is sectors, including automotive, aviation and aerospace, essential that the vocational education and training biotechnology, clean tech, education, food and system be put on a sustainable basis for the long term. beverage, ICT, infrastructure, and tourism. The When we came to government we inherited from the organisations are also representative of the regions previous government an absolutely unsustainable across Victoria, with 12 per cent of the organisations situation in vocational education and training. We had being from regional Victoria, which is something we an open-ended training system where we saw people are very pleased about in terms of the participation in undertaking training courses that were not directly this mission. related to employment opportunities and the needs of industry. We saw courses ballooning in numbers that As I indicated, eight cities will be targeted across India: were not delivering, particularly for the young people Mumbai, Bangalore, Delhi, Chennai, Hyderabad, Pune, involved — — Kolkata and Ahmedabad. Obviously the second-tier cities, which I have mentioned, will be very critical for Ms Allan — On a point of order, Speaker, under economic development and for investment. I am standing order 58 the Premier is debating the question, delighted and honoured to be leading this mission to and he is offending against a ruling from the Chair India, and I look forward to informing the house of the about referring to the administrations of previous results of this trade mission in due course. governments. There are thousands of TAFE students who would like to know the answer to this question. Vocational education and training: TAFE funding The SPEAKER — Order! I do not uphold the point of order. The answer was relevant to the question that Mr ANDREWS (Leader of the Opposition) — My was asked. question is directed to the Premier, and I ask: will the Premier reverse his government’s savage cutbacks to Dr NAPTHINE — As I said, we inherited a system TAFE; yes or no? that was unsustainable and needed major reform. That is what this government has undertaken, and as part of Dr NAPTHINE (Premier) — The people of that reform process we are putting additional money — Victoria understand the importance of vocational that is, more money; that is, an increase in money. That education and training. It is very important for the is over $1 billion more that we have put into vocational people of Victoria. That is why this government has put education and training across the TAFE sector and the an extra $1 billion in funding into vocational education private training sector to make sure that people across and training. the length and breadth of Victoria can get the training they need. In particular — —
QUESTIONS WITHOUT NOTICE
Thursday, 7 March 2013 ASSEMBLY 847
Mr Merlino — On a point of order, Speaker, this Mr WELLS (Treasurer) — I thank the member for was a very simple question requiring just a yes or no Rodney for his question. Thank goodness for this side answer. I take it from the nightwatchman Premier — — of the house! I am actually getting a question. I never get any from the other side of the house. The Victorian The SPEAKER — Order! The Premier has the economy is tracking very well. We need to look at right to answer questions in the way he sees fit, as do some of the facts. Earlier this week Moody’s brought ministers, as long as the answer is relevant to the down its midyear report, which showed once again that question that was asked. I do not uphold the point of Victoria has a AAA credit rating and a stable outlook. order. According to Standard & Poor’s, Victoria is the only state to have a AAA credit rating and a stable outlook, Dr NAPTHINE — As I was explaining — — and Victoria and Western Australia are the only two Mr Merlino interjected. states running a surplus.
Questions interrupted. But there is more good news. Retail sales figures were up another 1 per cent in January. The Real Estate SUSPENSION OF MEMBER Institute of Victoria data shows improving housing affordability for Victoria. In Victoria there were Member for Monbulk 51 400 new dwelling approvals in 2012. New South Wales, which has a population that is 30 per cent higher The SPEAKER — Order! The Deputy Leader of than Victoria’s, had 30 per cent fewer dwelling the Opposition can leave the chamber for an hour, approvals. Victoria’s population is growing at 1.6 per under standing order 124. cent. First home buyers are doing well in the market under our election commitment to cut stamp duty, and Honourable member for Monbulk withdrew from sales of new motor vehicles were up 11.3 per cent in chamber. Victoria over the year to January 2013, which is higher than the national increase. That is important. QUESTIONS WITHOUT NOTICE Look at the state’s record infrastructure spending of Vocational education and training: TAFE $5.6 billion — in the regional rail crossings, Bendigo funding Hospital, the Monash Children’s hospital, the Dingley bypass, the Koo Wee Rup bypass — — Questions resumed. The SPEAKER — Order! I ask the house to come Dr NAPTHINE (Premier) — As I was explaining, to order. The Treasurer is within about 6 feet of me, and more money is going into the vocational education and I cannot hear what he is saying. I suggest that most training system specifically targeted at areas of industry other people in the chamber cannot hear what he is need, where young people will have real job saying either, so I ask the house to come to order. opportunities. There is more money for every apprenticeship course. There is more money for the key Mr WELLS — There has been a record certificates III and IV in aged care and disability state-funded spend on infrastructure. Yesterday the services. There is an extra $1 billion in funding because Australian Bureau of Statistics brought down the state we are concerned to make sure that people can get final demand numbers. This is not a measure of vocational education and training in areas of industry economic growth. State final demand is a measure of need and in areas where they will have real consumption and demand. You have to be very sure opportunities to fulfil jobs and to help boost the when you are speaking about these numbers that you economy of this great state. understand that state final demand does not include exports and it does not include interstate trade, whether Economy: government achievements it be of professional services or goods. That is very important. Victoria’s growth and our economy rely on Mr WELLER (Rodney) — My question is to the those important exports and on those interstate trades Treasurer. Can the Treasurer advise the house of recent between the professional services — BHP, National economic indicators with respect to the Victorian Australia Bank, the ANZ and Newcrest — and it is economy and the importance of an accurate very important that we do that. understanding of such economic data? The South Australian Premier understands state final demand, because he said:
QUESTIONS WITHOUT NOTICE
848 ASSEMBLY Thursday, 7 March 2013
… the state’s overall performance was best measured in Frankston’s views on these matters. I am asking about terms of gross state product which was only calculated at the the Premier’s view of the member for Frankston and end of the financial year. whether his position — not his opinion but his One person yesterday got his measures mixed up. position — is the same as his predecessor’s. Does this Premier, the member for South-West Coast, hold that Mr Pallas — On a point of order, Speaker — — the member for Frankston is a good local member who is delivering for his community? I would have thought Mr WELLS — There he is! There he is! he would be happy to answer this question.
The SPEAKER — Order! The Treasurer will sit The SPEAKER — Order! I do not believe that is a down. question of government administration.
Mr Pallas — On a point of order, Speaker, just on Desalination plant: cost the issue of relevance, I wonder if the Treasurer has referred to the Premier about his views on two Mr NEWTON-BROWN (Prahran) — My question consecutive periods of state final demand — — is to the Minister for Water. Could the minister inform the house what measures are being taken to reduce the The SPEAKER — Order! That is not a point of cost of the Tim Holding charge on Melbourne families order. in relation to the desalination plant?
Mr WELLS — One person yesterday mixed up Ms Allan — On a point of order, Speaker, you have gross state product and state final demand, and as I said, just ruled out of order a question from the Leader of the gross state product measures economic growth while Opposition which we feel was a very relevant question, state final demand measures consumption and demand. and we ask that you do likewise with this joke of a If you must say — — question that has been asked by the member for Prahran and that is merely a stunt. We ask that you apply the Ms Allan — On a point of order, Speaker, under standing orders consistently and rule likewise that this standing order 58, going to the issue of relevance, I question should be out of order, because it does not would like the house to take note of the answer from comply with the standing orders. the now Premier in this very place, which will back up exactly — — Mr Newton-Brown — On the point of order, I seek leave to rephrase the question. The SPEAKER — Order! That is not a point of order. Mr Andrews — On the point of order, Acting Speaker, in the interests of consistency and given that Mr WELLS — To muck up important economic no offer of rephrasing was extended just a moment ago, measures like that is an embarrassment to himself and I would ask you to make a consistent ruling — and of an embarrassment to the state Labor Party. You can course we are confident you will, Speaker. never, ever govern with that sort of incompetence. Mr O’Brien — On the point of order, Acting Member for Frankston: conduct Speaker, I put it to you there is no need for the question Mr ANDREWS (Leader of the Opposition) — My to be rephrased. The reference to a holding charge is a question is again to the Premier. I ask: is it the reference to the charge Victorian water users are Premier’s position, just like his predecessor’s, that the required to pay to keep the desalination plant available member for Frankston is a good local member and is in the event that water is purchased. It is a perfectly delivering for his community? normal title or phrase, and the oversensitivity of the opposition does not make this question out of order. Mr O’Brien — On a point of order, Speaker, the member for Frankston, as has been advised to the Mr Pallas — On the point of order, Speaker, the house, is not member of the coalition. He is an minister has effectively demonstrated the disingenuity independent member. Therefore his views do not relate of this question. As asked, the question referred to the to government business, and the question should be ‘Tim Holding’ charge. That is a clear illustration that ruled out of order. this is directed at the previous government and is clearly politically motivated question. It should be ruled Mr Andrews — On the point of order, Speaker, the out of order and seen for the tawdry joke that it, along Minister for Energy and Resources may have misheard with this government, is. the question. I am not interested in the member for
QUESTIONS WITHOUT NOTICE
Thursday, 7 March 2013 ASSEMBLY 849
Mr Clark — On the point of order, Speaker, the called the desalination proposal a hoax, and in 2007 he point of order taken by the opposition claimed this was turned around and announced the largest desalination not a question that related to government plant in the Southern Hemisphere — a plant of administration. It is clearly a question that relates to 150 gigalitres capacity. On coming to government, we government administration. It relates to the desalination sat down and examined the contract on the desalination plant and the action proposed to be taken by the plant and gave a commitment to Melbourne water Minister for Water in relation to the situation the customers — — current government has inherited in relation to the desalination plant, and it therefore squarely relates to Mr Eren interjected. government administration and is in order for that reason. Questions interrupted.
The SPEAKER — Order! I do not uphold the point SUSPENSION OF MEMBER of order. I call the Minister for Water. Member for Lara Ms Allan — On the point of order, Speaker, just to clarify so that the opposition is completely clear on The SPEAKER — Order! Under standing your ruling, are you ruling in order a question that order 124, the member for Lara can leave the chamber refers to a ‘Tim Holding’ water charge? On that basis, for an hour. can I assume that the closing of 12 country hospitals by Honourable member for Lara withdrew from the member for South-West Coast while he was a chamber. member of the Kennett — —
The SPEAKER — Order! The member for QUESTIONS WITHOUT NOTICE Bendigo East cannot assume anything, and the house will come to order. Desalination plant: cost
Ms Allan — On a further point of order, Speaker, I Questions resumed. apologise but there are actually two issues before the Mr WALSH (Minister for Water) — As I was house that you have not ruled on. One is the point of saying, on coming to government we examined the order I have just raised in terms of what in your view contract in detail and gave a commitment to Melbourne now is acceptable as the content of a question without water customers that we would do whatever we could notice. The second thing is that the member for Prahran to reduce the cost to those customers in the future. That offered to rephrase his question. He offered to make his is something on which we gave a commitment. own question relevant with standing orders, and you have not ruled on that point of order either. The SPEAKER — Order! I warn the member for Yan Yean. The SPEAKER — Order! I will rule on the member’s point of order — that is, I do not uphold the Mr WALSH — I can inform the house that contract member’s point of order. And I do not uphold the negotiations for the power supply for the desalination member for Prahran’s point of order. plant have concluded, and we as a government have been able to negotiate a lower price than the price that Mr WALSH (Minister for Water) — I thank the was budgeted for with SP AusNet in 2009. We have member for Prahran for his question. As all members of done the work to make sure that contract has been this house would know, the desalination plant is going negotiated in the best possible interests of Melbourne to cost Melbourne water customers $1.8 million per day water customers. I inform the house that we have been in the holding charge on that plant for the next 27 years. able to negotiate a modest saving for Melbourne water As I have said before, people who take out a mortgage customers — that is, $13 million less per year — by on a new home at the moment will finish paying for negotiating that SP AusNet contract to achieve a better their mortgage before they finish paying the holding outcome than what was budgeted for in 2009. As part charge on the desalination plant. of that $13 million we have also been able to negotiate This is not a debate as to whether or not there should be a better deal on the insurance on that particular contract. a desalination plant. The coalition was the first to As everyone knows, the desalination project will cost suggest there should be a desalination plant as a supply Melbourne water customers somewhere between of last resort for Melbourne, and that was for a $18 billion and $24 billion over those 27 years, 50-gigalitre plant. In 2006 the then Premier Bracks
QUESTIONS WITHOUT NOTICE
850 ASSEMBLY Thursday, 7 March 2013
depending on how much water is actually ordered. The SPEAKER — Order! That is not at all what I Melbourne Water and Melbourne water retailers have am suggesting. The member will not try to put words been informed of this saving, and they are currently into my mouth. I will judge questions as they come, one factoring that into their water plan — water plan 3 — by one, and I will either rule them in or rule them out. and we will be informing the Essential Services Commission accordingly. So Melbourne water Honourable members interjecting. customers can look forward to a small saving on their bills. That is something the coalition government has Business interrupted. done and something it gave a commitment to do when it came to government. We examined the contract, and SUSPENSION OF MEMBER we gave a commitment that we would work in the best Member for Albert Park interests of Melbourne water customers, something that was not done by the previous government. The SPEAKER — Order! I am on my feet. The member for Albert Park can leave the chamber for an The SPEAKER — Order! The time for questions hour. has concluded. Honourable member for Albert Park withdrew Ms Allan — On a point of order, Speaker, I would from chamber. appreciate your consideration of this issue, and you can rule on it now or come back and let us know your views Business resumed. down the track. Speaker, you are allowing in order the question from the member for Prahran that referred to Mr Andrews — On a point of order, Speaker, in an individual who is a member of the Victorian relation to your ruling — and I do not for a moment community and not a member of the Victorian challenge your ability to make such a ruling — I hope Parliament. That offends against standing order you will perhaps reflect and provide some clarification 57(1)(b), which states that questions must not give the for the benefit of honourable members. Does standing names of persons. You allowed that question to stand, order 57(1)(b) actually apply? We would be grateful if and we ask: is that going to be your ruling forthwith? you could reflect upon that, and I am particularly From now on will the opposition be allowed to ask interested in that matter, given that the questioner similarly personal, offensive, grubby questions such as himself sought to reword the question. He himself did this? not think it was in order. If you could provide us with that advice, we would be indebted to you. The SPEAKER — Order! I ruled on the question that was before the house and before me, and I ruled it The SPEAKER — Order! I suggest that the Leader in. of the Opposition come to see me in chambers after question time. Ms Allan — On a further point of order, Speaker, as you indicate that you have ruled the question in, we will Mr Andrews — On a further point of order, now assume that standing order 57 does not apply to Speaker, while I am grateful to you for your offer of a any question that has been drafted by the Leader of the private conference in your chambers, I believe I have a Opposition and that you will summarily decide, as is right, as does every member of the Legislative your wont, on what the content of questions can be. If Assembly, to raise points of order, to be heard and, that is going to be the case, question time will descend provided I comply with standing orders, to receive a into a farce — — lucid and detailed ruling. The notion of inviting me into your rooms in order to stop this debate is not in keeping The SPEAKER — Order! I will rule on questions with the spirit of this chamber. It is a ruling I am individually as they come before the house, and I have seeking, and one that I am entitled to and ought ruled on that one today. to — —
Ms Allan — On a further point of order, Speaker, Mr Clark — On the point of order, Speaker, there is the operation of this Parliament relies on all sides, no established right of members to rise to their feet and including the Chair, complying with the standing and seek an advisory ruling on a matter that is not currently sessional orders that govern this place. What you are before the house. From time to time Chairs give such now suggesting is a free-for-all and that standing orders rulings in order to assist members’ understanding of have been absolutely thrown out the window and no matters, and it is at the discretion of the Chair as to longer apply. Can we just seek your follow-up — — whether he or she does so. On occasions you have done
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 851
so. On this occasion you have invited the Leader of the readily accessible from Richmond station. It has now Opposition to discuss the matter with you further in been relocated to a well-built track on a site that was chambers. Either course of approach is fully open to once the home of the South Melbourne Football Club. you, Speaker. If there were further aspects of the The precinct that was a legacy for the people of previous matter which the opposition had wanted to Melbourne is being occupied by a private club with a raise at the time, it was at liberty to take a point of order small number of elite athletes, being the Collingwood at that time, but there is no substance in the point now Football Club. being put to you by the Leader of the Opposition. It is noteworthy, nevertheless, that that was a field of The SPEAKER — Order! We are moving on with dreams; it was where dreams were realised. People government business. such as Ron Clarke set world records in that particular precinct in the 10 000 metres in the mid-1960s. MAJOR SPORTING EVENTS Athletes such as Ralph Doubell, who won the AMENDMENT BILL 2013 800-metre event at the Mexico Olympics — a remarkable sporting achievement by an Australian and Second reading one that is not strongly heralded to the wider world — competed there. I note that Melbourne High School is Debate resumed. commissioning a statue in recognition of the achievements of Ralph Doubell alongside numbers of Mr THOMPSON (Sandringham) — I am pleased other Melbourne High former students. to make a contribution to the debate on the Major Sporting Events Amendment Bill 2013. Sometimes it is The events we have in Melbourne also include said that Melbourne is the sporting capital of the world, triathlons of a world standard along the coastline, but not many people appreciate the background factors yachting events, world championship events held in as to why that might be the case. Essentially there is no Port Phillip Bay and a range of other events that have other city in the world where, within a short radius of been convened at elite levels in this state. A side impact the CBD and with supporting infrastructure and of elite sport being conducted in Melbourne is the transport options from the CBD, so many events are development of junior sport alongside those events, conducted. where people who have the privilege of observing the world’s elite athletes one day can go down to the local In general terms — and some sports that I will driving range or local park to develop their own enumerate do not come within the immediate purview prowess in other ways. So we have not just one field of of the bill — a range of sporting events are conducted dreams, which I alluded to, at Olympic Park — which in the CBD and proximate to the CBD of Melbourne is no longer there — but rather many fields of dreams that are world class. They include events such as the where Australians and Victorians, as spectators, have Melbourne Cup Carnival, which is an important event had the opportunity to observe world-class events. in the tourism calendar, and the Australian Open Tennis Championships, which have gone from strength to Regrettably, in the conduct of events there have been a strength over the last few decades. There is also the range of behaviours that are not appropriate within Australian Formula One Grand Prix, which is held at those precincts, and I note that in the 1970s there were Albert Park, and tournaments are held on the sand-belt various stories of people who managed to make their golf courses in Melbourne, which are among the best way into the MCG for grand final day. I remember that golf courses in the world. Courses such as Royal one person managed to cajole a meat pie and Cherry Melbourne and Kingston Heath are regularly adjudged Ripe seller to take over his jacket and his serving tray, as being in the top 50 or top 100 golf courses in the which, once acquired, gave immediate access to any world. part of the ground. I understand on that day the fellow who lined up to earn $15 or $20 for the day ended up We also have the events conducted within the going home with a lot more in his pocket. So seats were Melbourne Park and Olympic Park precinct at venues competed for. The bill before the house will proscribe such as the new stadium established at AAMI Park and those types of activities, including people being in the athletic events that were formerly conducted at events they should not be in. Olympic Park, which on my understanding is an arena that was left in perpetuity to the people of Melbourne The bill creates two new ticketing offences prohibiting but has since been relocated to South Melbourne. The the scalping of small numbers of tickets to protected athletic track at Olympic Park once had the support of events, which will carry an on-the-spot fine of 5 penalty thousands of amateur athletes in Victoria and was units, or a fine of $704.20. In days gone by there was a
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
852 ASSEMBLY Thursday, 7 March 2013
footbridge that stretched from the south-eastern end of Mr THOMPSON — I have been asked by the the MCG to a series of parks on the other side of the rail minister which team I support. Heidelberg United is a tracks, and that was a popular spot for people to vend champion soccer team of yesteryear that provided a finals tickets to willing buyers, some of whom might sporting avenue and venue for many migrants who have arrived by bus from interstate and might have landed in Australia in the 1960s. There have been some known where to go to pick up a ticket to a game. In the remarkable sporting contributions made by migrants in interests of consumer protection and maintaining the the administration of the code. On the weekend I had price parity that has been set for the vending of tickets, the privilege of seeing a game between Melbourne scalping is proscribed. This bill creates two new Victory and the Newcastle Jets. Interestingly there was ticketing offences for the scalping of small numbers of a Melbourne lawyer present at the match, Vito Cilauro, tickets to protected events, both of which carry an who has played a substantial and long-term role in on-the-spot fine of 5 penalty units or $704.20. soccer administration in this state. There are two side stories about Mr Cilauro. One is that his law office was What constitutes a major event is defined in the used by the character Dennis Denuto from the movie principal act, but this bill adds key Spring Racing The Castle. The second is that his son, Santo Cilauro, is Carnival events to the list of events covered by the a great Victorian filmmaker. I welcome the interjection crowd management provisions of the act. It also applies by the minister as it has provided an opportunity not selected provisions to the concourse around Docklands just to illustrate the contribution of sport to the state and Stadium on days when events are held there, to help the wide mix of sports in this state but also to illustrate deal with the use of flares and other dangerous and the great contribution of migrants. unreasonable behaviour outside the stadium. We have seen such behaviour at the Australian Open and also at The final point I will make in the closing seconds is that soccer games, where spectators have lit flares and Victoria’s extraordinary range of major sporting events caused some level of inconvenience and distress to contribute significantly to the economy of this state. people in nearby precincts. A former member of the Long may we continue to preserve these events. other place was at the tennis a few years ago and reported his distress at the behaviour that occurred on Mr HERBERT (Eltham) — I rise to speak in the that occasion. debate on the Major Sporting Events Amendment Bill 2013. I am pleased to speak after the member for The bill removes the prohibition on flags and banners Sandringham. He is a member with a great love of of a certain size because it is regarded as unnecessary. major sporting events. As we heard last night from the This is a sensible reform. Importantly the bill makes it Liberal Party caucus room, he does not mind having a an offence to deface or damage a sporting competition go in there. I should point out that before lunch the space, including a competition surface such as a playing member for Ivanhoe was on his feet. I guess the turn to field or track. I am familiar by way of report with speak swapped to the other side of the chamber because instances where surfaces have been damaged in the he was banned from the house for an hour for some prelude to a game with the intention of providing an reason. I note that he was in the middle of a quite advantage to a particular team in some way. That is important contribution about Kardinia Park, which I certainly not in the spirit of the Australian sporting will reflect on shortly. tradition. Also established is an offence I alluded to earlier, which is to enter an event venue without a ticket Basically this bill tries to make major sporting events or authority when a major sporting event is being held. and venues safer. It extends crowd management There are a range of offences which can trigger a ban provisions so that they apply to additional sporting order, including disrupting an event while in a events and venues. Included are the Caulfield Guineas, competition space. a great race meeting; the Docklands Stadium concourse; the Lakeside Stadium, which was formerly I pay tribute to the development of different sporting known as Bob Jane Stadium; the Thousand Guineas codes in Melbourne. Melbourne Storm is part of the Day; and other venues and events. I reiterate the point national Rugby competition. Two soccer teams have which I hope the member for Ivanhoe will raise when been established in Melbourne — Melbourne Victory he comes back. Presumably he can come back and the and Melbourne Heart. Both have very strong and standing orders have not been thrown out like the vigorous supporter bases, including the Minister for members who were thrown out during question time Multicultural Affairs and Citizenship, who is at the today. That point is the issue of Simonds Stadium, table and who has a keen interest in the game. otherwise known as Kardinia Park, not being included in this bill. It is a venue that draws large crowds, and its Mr Kotsiras interjected. omission is a flaw in the bill.
PRIVILEGES COMMITTEE
Thursday, 7 March 2013 ASSEMBLY 853
Lots of people think of this as the anti-flare bill. It written authority from the secretary or from the person seems to have had its genesis in the issue of flares being to whom the information relates. thrown and set off at sporting events. That is poor behaviour, and it is not the sort of thing we want to see That may seem reasonable on the surface, but there is become a habit. Whether at sporting events, in stadiums an issue. People are often passionate about their sport, or in caucus rooms we do not want to see explosions or perhaps letting off flares, getting violent or engaging in flares set off at all, so we support the new provision. a whole range of inappropriate activities. However, The bill also looks at scalping. I think all of us dislike what happens if down the track they apply to be the habit of scalping because it involves people taking members of cheer squads? In this state we have a long tickets that should be available to the ordinary public. history and tradition of big cheer squads, particularly in Some people accumulate tickets and then seek to make the AFL. These people are there every week in big a profit by flogging them off for extra money. numbers. They wave the banners and cheer on their team. However, this is the issue: if someone has been I note one thing in the bill regarding scalping. Scalped charged with an offence under the act, I would have tickets are confiscated by police officers, and there are a thought it would be inappropriate for them to be a range of things that police officers can do with those member of a cheer squad. These cheer squads are tickets, including keeping them as evidence for further linked formally to football and other sporting clubs. If prosecution. One of the things that used to happen was someone’s inappropriate behaviour reflects badly on that the Salvos, who often collect money at sporting them or could be repeated, it would be smart if under grounds, were given some of these tickets and the the act the information could be provided not just to the money would go to charity. It is a pity that we could not secretary or for legal proceedings but also to sporting be flexible enough in this legislation such that, instead clubs to make sure these people are not or do not get of seats being wasted at major events, the tickets that involved in cheer squads and other activities. are confiscated from scalpers go to a charity such as the Salvos, who are there collecting money with their tins. There are a couple of flaws in the bill. Whilst we The Salvos could then onsell them to try to get a bit of support the legislation, a bit more thought could have money for charity. gone into it in the areas of making sure that cheer squads are free of offenders and that scalped tickets can I guess it is a hard thing. It is sad that in the modern be used to support charities or underprivileged people, world we cannot do it, but it would have been good to who would desperately love to see a sporting game. see whether there could have been some provision for Perhaps that will come in down the track. With that, I those tickets to go to charity on the day. We all have finish my contribution. modern cameras et cetera, so the tickets could have been copied and then given to charity. It would not Debate adjourned on motion of Mr KOTSIRAS make any difference whatsoever to the scalpers; they (Minister for Multicultural Affairs and Citizenship). would still lose their money and be fined. It would not make any difference to those who seek to use scalpers; Debate adjourned until later this day. they would be out of pocket and not have a ticket. However, it would make a lot of difference to the PRIVILEGES COMMITTEE charities, which could give them to young kids or earn a Membership few bob for their cause. I think that would have been a decent thing to have in this legislation. Mr McINTOSH (Minister for Corrections) — By leave, I move: Another issue I would like to raise during my brief contribution on this bill is that of authorised officers That Dr Napthine be discharged from attendance on the who are not members of the police force and the Privileges Committee and that Mr O’Brien be appointed in suppression of information about people they request his place. information from or charge when a penalty applies. As Motion agreed to. I understand it, under the act authorised officers cannot publicly release that information about a person who has been charged or has had their name taken for unruly behaviour et cetera at a sporting venue. There is a suppression order on that. As I understand it, under proposed section 90A inserted by clause 16 authorised officers can disclose the information for a range of legitimate reasons related to legal proceedings or with
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
854 ASSEMBLY Thursday, 7 March 2013
MAJOR SPORTING EVENTS It is obvious that if you set in place standards at the AMENDMENT BILL 2013 major event level, you can expect there to be a trickle-down effect. Many of the standards and aspects Second reading of this bill, whilst targeting major events, will have a trickle-down effect on local communities. Debate resumed from earlier this day; motion of Mr DELAHUNTY (Minister for Sport and There is a good recent example of the standards being Recreation). set at the high level and trickling down to our local community. Just last week in Wangaratta we had a Dr SYKES (Benalla) — It gives me great pleasure NAB Cup game between Essendon and Richmond. The to contribute to the debate on the Major Sporting NAB Cup game scheduled for last year between Events Amendment Bill 2013 in such a peaceful Essendon and Saint Kilda was abandoned because of setting. It is also wonderful to see the unanimous very heavy rains. This year Essendon came back and endorsement of the motion just moved by the Leader of spent several days in the area, which was absolutely the House. It is a pleasure to follow the member for fantastic, and Richmond came up. It was an absolutely Sandringham. He has a unique way of presenting some great game, which Richmond won with a super-goal often colourful information to us and linking sport, in with about 1 minute to go. this case, with our communities. The thing the member for Sandringham did for me was to make it clear that The game was viewed by 11 500 or more spectators in our significant sporting events, which are the subject of an absolutely glorious setting. The highlight of the this bill, are conducted at great venues, and there is no game, which comes back to the objective of having greater sporting venue than the MCG. The member for more and more Victorians involved in active, healthy Sandringham said the MCG is where dreams have been pursuit, was that at the end of the game thousands of realised and dreams have been shattered. young boys and girls went out onto the ground and had a kick — on the turf that their league heroes had played I had my dream realised when in 1969, a long time ago, on only minutes before. That is very much an example I had the good fortune of playing my first Victorian of where, if you put in place the measures at the higher Football League game at the MCG. There was no level, you can expect a trickle down. If we get it right greater thrill for a young country boy than to get down and make it desirable to follow and participate in these to the big smoke, run out onto the ground and play for sports, that will encourage active, healthy participation, Fitzroy against Richmond. On that day the Richmond and that will be great for Victorians. Tigers beat us quite significantly. However, as we know, what comes around goes around. At the same In his second-reading speech the minister also referred venue the following year we had a major event when I to the achievements of Victorians at elite level sport was a member of the Fitzroy team that played over many years. The minister highlighted Reaching Richmond in front of the royal family and 45 000 other your Potential as a key priority, which is about people. It was a fantastic day — one of the great providing improved support to our athletes through experiences of my career — and interestingly, in programs such as Victalent and the elite athlete travel addition to meeting all the royal family, the Fitzroy grants. I know that some young people from the Lions won. Benalla electorate have been the beneficiaries of these grants, including young Cameron Barri, who is a The bill has been discussed at length by many speakers, neighbour of mine. He is competing in an Australian although I note that now the contributions from the dance competition and doing very, very well. He has opposition seem to be light on. That is interesting been the beneficiary of the support from the coalition because it is The Nationals — those on the receiving government’s grant program. end of criticism about wanting to leave to get home to our electorates at the end of Thursday — who are in The next aspect I will touch on is the fact that the bill here speaking near the end of the government business addresses the issue of alcohol consumption. As the program. member for Sandringham colourfully explained, there have been some amazing achievements in times gone This bill, presented by the Minister for Sport and by in getting alcohol into the grounds, but then Recreation, makes a point of focusing on major events, unfortunately some extremely disappointing examples but the minister also links it to a key priority of our of appalling behaviour as a result of people having government. The second-reading speech states: consumed too much. We need to encourage the responsible consumption of alcohol, and this bill is The first priority is to work towards active and healthy communities. another step towards ensuring that occurs, so that when
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 855
people come to our sporting events they can enjoy the additional major sporting events and venues. However, events as they want to. If someone wishes to have a it is interesting that while the bill adds key Spring drink of alcohol, that is fine, but it should not be to the Racing Carnival events, including the Melbourne Cup detriment of the enjoyment of a game or an event by and the Caulfield Cup, to the list of major events that other people. are covered by the provisions for crowd management in the legislation, it does not include other significant Often linked with the excessive consumption of alcohol regional events at the Geelong, Ballarat, Bendigo and is the issue of racial vilification. This is an area we Cranbourne racing clubs, giving rise to accusations by should all be mindful of at all events, whether they be stakeholders in those regions of discrimination and major sporting events or local events. Last year in the being taken for granted by the government. This point Goulburn Valley Football League the Seymour football has been made many times over on this side of the club got on the front foot and made some strong chamber. representations following the racial vilification of their outstanding forward Saad Saad. Saad is not a big I am a bit perplexed by the bill’s selective crowd fellow. He is the modern day Darrel Baldock, for those management provision as it applies to the concourse who can go back that far, who had the ability to have a around the Docklands Stadium on days when events are ball on a string and year after year kick over 100 goals. held at the stadium, as it gives rise to confusion and It was fantastic that the Seymour football club and the inconsistencies insofar as crowd management between Goulburn Valley Football League addressed the issue areas inside the stadium and areas immediately outside of racial vilification in that case. it is concerned. The minister needs to attend to and clarify that particular point. As other speakers have mentioned, the bill also looks at tackling the issue of ticket scalping. It is interesting that Another area of concern, as far as stakeholders are there are people out there who seek to take advantage concerned, is that the difference between the penalty for of and profit from people’s passionate commitment to someone holding an unlit flare and the penalty for their sporting teams and their preparedness to pay someone holding a lit flare is so small. It does not make almost anything to get into a game. I see here the any sense. Any thinking person understands that if you member for Ferntree Gully. We share a passionate have a lit flare you can cause a lot of damage and commitment to the Lions. I recall that I bought tickets severe injuries — you can cause a lot of harm. For the from a scalper when the Brisbane Lions got into the penalty to increase by what I understand to be a very 2001 grand final. I just had to be there, therefore I was insignificant amount just does not make sense. prepared to pay the price asked by the scalper. I should Stakeholders insist that the penalty involved should say that, as the member for Ferntree Gully knows, it reflect and be commensurate with these outcomes in the was a fantastic game with a fantastic outcome because case of a lit flare. I hope the minister takes that into the Brisbane Lions won, and that was the first of three account and amends the bill accordingly. That is what in a row. has been coming back to us on this side of the chamber.
Mr Wakeling interjected. Victorians should be concerned that with this bill the government has shifted the responsibility of Dr SYKES — It was an absolutely fantastic commencing proceedings for an offence from the outcome — something that other teams have not been secretary of the department to the police, but has said able to repeat in the last 30, 40 or 50 years. The bill is nothing about the provision of increased resources for part of the coalition government’s commitment to the police commensurate with this increased encouraging people to be actively involved in sport and responsibility. As we are aware, at the moment police to enjoy our major sporting events. It puts in place a resources are stretched to the limit. This is particularly series of measures that encourage people to be present, significant in view of the ballooning crime rate, as has enjoy and behave in a responsible manner. It will been reported recently. The question is: why are we ensure that Melbourne, as part of Victoria, continues to adding to the responsibilities of the police force? Where be the major sporting capital of Australia, and that are the proportional resources that should be allocated many people will benefit from that. to them to do the job appropriately, effectively and efficiently? Mr LIM (Clayton) — I am very pleased to rise to make my contribution to the debate on the Major The lead speaker on this side of the house, the member Sporting Events Amendment Bill 2013. This bill for Lara, the shadow Minister for Sport and Recreation, amends the Major Sporting Events Act 2009 and mentioned this point and argued with the minister at the extends the crowd management provisions to include time of making his contribution. This is a fact that
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
856 ASSEMBLY Thursday, 7 March 2013
really should be disturbing us all. The fact is that for 2013 because this bill is another clear demonstration of 11 years, during the Labor government’s watch, this government’s commitment to ensuring that it Melbourne, Victoria, was the sporting capital of the provides for a safe and happy community. As has been world. It was elected as such in the years 2006, 2008 seen in the areas of law and order and justice and 2010 — but when it came to 2012 it lost the title to legislation, equally in terms of major sporting events it London, and that is very disturbing. It sends a very poor has been identified that antisocial behaviour is message to the world that we were on top of the world, unacceptable not only in the broader Victorian but we have now lost that title. Having that title is very community but, importantly, at sporting events. We significant because it translates into big dollars in terms have seen issues such as flares — — of sports tourism, with people flying from all over the world to participate in and enjoy what we have to offer Mr Kotsiras interjected. as the world leader in the sporting arena, and that should not be taken for granted. Mr WAKELING — The Minister for Multicultural Affairs and Citizenship is at the table and is very I want to give an example I personally experienced on a interested, and I will come to that very shortly. trip to Taiwan about 10 years ago when I accompanied teams from Monash and Melbourne universities to the In terms of the bill, as members would know, drunken inter-university regatta there. I ran into a group of behaviour, the use of flares and the removal of seats is American sporting magazine reporters. They were antisocial, and we regard Melbourne, Victoria, as the boasting and carrying on about the mighty sporting sporting capital of not only Australia but the world. One prowess of the Americans and claiming that they would of the things we pride ourselves on is the fact that a be on top at the Olympics and any sporting event. I parent can take their child and grandparents to a mentioned to them that in Australia at that time we had sporting event, sit side by side with a supporter from the opposition team and enjoy themselves. People will a population of barely 20 million — and we now have 23.5 million — but we were punching above our support the teams of their choice, but they can behave weight. We were the real power in sport compared to in a hospitable manner. What they do not accept are the any nation on earth. They did not realise that we were use of flares and other antisocial behaviour, and this performing the best in swimming. I told them that in government is taking decisive action. I congratulate the Minister for Sport and Recreation on his decisiveness. practically every township in Australia there is a swimming pool for our kids to jump into and swim. We He has taken action, shown leadership and gone out have the longest coastline in the world, and our young there forcefully on this issue. I know the minister at the people are the best swimmers. That really opened their table, particularly when he was the shadow Minister for eyes because they did not realise the number of Sport and Recreation, was a strong advocate for work in this area, and he too is a very strong supporter. Olympic gold medals, for example, we had won compared to the size of our population. They were As we know the MCG is a mecca for sport in this state. talking about 370 million Americans and how many It was the home of the 1956 Olympic Games and the gold medals they had, but compared to us, we were recent Commonwealth Games, but as the member for ranking no. 3 or 4 behind them, and that opened their Benalla rightly pointed out, it was also the home of the eyes. 2001, 2002 and 2003 Brisbane Lions three peak AFL It is very important that we maintain that position and Grand Final appearances. As a proud Brisbane Lions wave the flag to the world that we continue to be the supporter, I attended each of those events and sat there best we can possibly be in sporting terms. A bill of this very proudly supporting my team in a safe environment. But as we know, we have seen on nature will contribute to that. It is about controlling crowds and delivering a pleasant and safe sporting television of late incidents which were ugly and environment. When you think about what happens here, unbecoming, and the community expects us to take it is nothing compared to what is happening in Europe action. with its soccer hooligans who wreck stadiums and It has been identified, for example, that the bill whole towns. We are lucky because our spirit as a increases the current infringements with respect to sporting nation is incomparable, and I hope this bill will flares. Comment was made by opposition members contribute to the continuance of that. With that short during the debate about the fact that the fines we are contribution, I wish the bill a speedy passage. seeking to impose for using flares are not high enough. It could be a subjective issue as to what that figure Mr WAKELING (Ferntree Gully) — It gives me great pleasure to rise to contribute to this very important should be, but it should be noted that previously the debate on the Major Sporting Events Amendment Bill possession of an unlit distress signal drew 2 penalty
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 857
units, and now it has increased to 5 penalty units. We This bill, though, relates particularly to major sporting are more than doubling the penalty. Whether or not the events. When something bad occurs at a major sporting opposition believes that is high enough is an issue for event, it is quite often reported in the news and we see the opposition, but the sports minister, who has been and hear about it. The main purpose of the bill is to very active and decisive on the issue, has identified that amend the Major Sporting Events Act 2009 to extend we need to increase the penalties, and that is exactly its crowd management provisions to additional major what the government has done. sporting events and venues. When we are talking about major sporting events, what do we mean? Major events We have been decisive. The community wanted us to are events such as the Australian Open Tennis act, and that is exactly what we have done. Members Championships. The Australian Open is one of four should read the commentary in the Age, Herald Sun grand slam tennis events we have in Melbourne, and and Geelong Advertiser of 21 February. The daily what a terrific January event it is. The list also includes newspapers have made it very clear that the community all AFL matches held at Docklands Stadium and the expects more to be done on this very important issue, MCG, all international and interstate cricket matches and this is a government that is delivering. We are held at the MCG and at Docklands Stadium, and also delivering; we are being decisive; we are listening to all international, national or state league football — or the community, but we are taking action. This is just as my kids say, soccer — matches. They play soccer. another demonstration of a government that recognises Football matches held at any of the relevant venues are that community safety is clearly an issue for the considered to be major events. Victorian community. If there is a threat to community safety at a sporting event, we are dealing with it through The crowd management provisions also apply to this piece of legislation. If it is at a train station, we venues: in addition to the MCG, there are the grand prix have protective services officers. If it is on the streets of circuit at Phillip Island, Etihad Stadium, the State Melbourne, in the suburbs or in regional Victoria, we Netball Hockey Centre, the National Tennis Centre, are putting more police on the streets. Olympic Park, AAMI Park, the Bob Jane Stadium — which is the old South Melbourne Lakeside Stadium — People want to feel safer and this is a government that and also the Melbourne Sports and Aquatic Centre. has recognised that. It has listened to the people on this Information about what is acceptable and what is not issue and is taking decisive action. I am very pleased to acceptable behaviour at sporting events is an important support this piece of legislation and I wish it a speedy part of the law and order message we are trying to put passage through this house. out. We want to be able to go to sporting events and feel safe. Mr SHAW (Frankston) — I am speaking with regard to the Major Sporting Events Amendment Bill On looking through the bill I was a little bit perplexed 2013. Sport is such an important issue in the lives of all as to why some of the provisions were there, but that Australians, including of course Victorians and the does not change the core message of the legislation in people of Frankston. In Frankston we have fantastic relation to law and order and the boundaries we need to sporting venues. There are no major sporting facilities, establish for people having things like flares at games. I but we do have a Victorian Football League team, the was a little bit perplexed as to why the bill would allow Frankston Dolphins. We have terrific ovals scattered an unlit flare to be taken into a ground or a major event. across Frankston and surrounds, and a major The reason given was that someone might have taken recreational swimming centre will be built in 2014 — their boat to Docklands Stadium and may want to take actually it will be started this year and probably finished it out again. I thought it was a little strange that the bill next year. permits the taking of an unlit flare into an event, yet the offence of possession of an unlit flare will not apply. Like many in this place, I have coached sport and The bill could have been stronger on that in relation to played a bit of it. This bill is not about sport at the Docklands Stadium. But be that as it may, it does not community level, but I will say as a bit of a preamble to change the core purpose of this bill. discussing it that at a community level, at junior football matches and even, for example, in the over-35s I was elected on a strong law and order platform and competition I play in, you see behaviour from that was what the coalition government was elected on supporters that you probably would not want to see too as well, I believe. Law and order is a very important often. There are certain things you do not want to see or issue in Frankston and that is why we have been given hear when you have your family around you. the largest allocation of police in the state. It is a very important issue throughout Victoria. That is why we have protective services officers on railway stations,
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
858 ASSEMBLY Thursday, 7 March 2013
and that is why the government has passed strong in the media in recent times. That is not good antihoon laws, banned the bong and made a number of behaviour, and it does not set a good example for our other legislative changes. young people. As I said, the bill provides that police officers will be able to ask people for their correct name My only issue with this bill is that the possession of an and address, if their behaviour is unreasonable and unlit flare will not be an offence. To me that is a bit disruptive. It adds an infringement penalty of 1 unit, strange. However, there are other members who want which currently is $140 or thereabouts, for refusing to to speak on this legislation in the last few minutes of the provide correct contact details or for providing incorrect day, so I will wish this latest law and order reform of information. But the bill protects people’s privacy. It the government a speedy passage. creates a new offence for the inappropriate disclosure of information obtained under the act by an authorised Ms MILLER (Bentleigh) — I rise to speak on the officer who is not a member of the police force. Major Sporting Events Amendment Bill 2013. Essentially this bill is about three things. It is about The bill will improve crowd control. We certainly love improving crowd behaviour, it is about safety at major our sport in Melbourne. We have the Twenty20 cricket sporting events, and it is about protecting additional matches held at the MCG, we have the AFL footy events from ambush aerial advertising and ticket match on Anzac Day, we have matches at AAMI Park scalping. stadium, we have the Melbourne Sports and Aquatic Centre and we have GESAC, which is a wonderful There is a lot of sport played in my electorate of facility. Sport is certainly embraced in my electorate Bentleigh and there are a lot of families. We have some and among the wider community of Victoria. We are major sporting facilities, and we have bowling clubs, coming to the close of the cricket and bowling seasons, cricket clubs, football clubs, tennis clubs and golf clubs. and we are heading into the football season. The We have all sorts of other sports too, but those are the amendments being made to the principal act are quite main ones. We have the Yarra Yarra Golf Club course, timely because there are a lot of crowds at football Duncan Mackinnon Reserve, the St Kilda Football matches throughout Victoria on weekends and week Club ground and Rowans Road Reserve, where people nights on occasions and also at the Spring Racing do athletics. As I said, we have cricket grounds, footy Carnival. grounds, tennis clubs and bowling clubs. We also have the Glen Eira Sports and Aquatic Centre (GESAC), The bill also removes the prohibition on flags and which was opened last year. It is an initiative that was banners of a certain size because that is deemed funded by the three tiers of government. People in my unnecessary. It also makes it an offence to deface or community and in neighbouring communities travel far damage a sporting competition space, structure or and wide to attend that wonderful facility. equipment. Any respectful citizen should not disrespect or damage any property, whether physically or by As I said, we have a history of talented sportspeople. graffiti or in any other way. Others on this side of the Shane Perkins, a former Bentleigh Secondary College house wish to contribute to the debate. This bill makes student, was an Olympian in 2012 in London, where he very important amendments that the residents of the achieved a bronze medal in a cycling event. I am very Bentleigh electorate will benefit from. I commend the proud to put on the record that my electorate has many bill to the house. residents who have a sporting background. This bill will certainly contribute to families continuing to love Mr CRISP (Mildura) — I rise to make a brief the outdoors. The government is very sports oriented. contribution to the debate on the Major Sporting Events We have a few government initiatives for getting more Amendment Bill 2013. This bill is about allowing people more active more often. We have the Premier’s people to enjoy sport without being affected by Active Families Challenge and the Ride2School hooligans or bad or unsafe behaviour. As a government program among other initiatives. we are committed to that — that is, to making it possible for families to go out and enjoy themselves. The bill includes the Spring Racing Carnival events We are also committed to their being able to go home under the crowd management provisions of the safely. That is why there are protective services officers principal act. If people are asked for identification, they at railway stations. We want people to be able to enjoy will have to give the correct information, and if they fail themselves and to do so safely. In going about to do so, they will incur a fine. The bill also addresses achieving that we are toughening up on hooligans. We inappropriate behaviour in the form of the disposal of have seen enough of flares being lit and enough flares, which can harm other members of the public, brawling to know that that is not the image that we and the removal of chairs, which we have seen reported want young people to have when they are learning
MAJOR SPORTING EVENTS AMENDMENT BILL 2013
Thursday, 7 March 2013 ASSEMBLY 859
about sport, watching sport and developing the habit of I will never forget my horror when, after having lived participating in sport. in Australia for 10 years, I was back in England helping with the campaign for the Ted Heath election. The If a person damages or defaces a sporting competition coalminers were on strike. I was in Sheffield, and I had space or structural equipment, they will be penalised. If not realised that I was so close to Sheffield station when they do not give the correct name or address to an I was doorknocking. When the train pulled up, there authorised officer, they will be penalised. If they onsell were two lines of policemen, one on each side of the or offer for sale five or fewer tickets at a price above road. The people getting off the train were shepherded their face value, which is known as scalping, they will to either the right or left, depending on which club be fined on the spot. If people are involved in scalping colours they had on. There were more policemen than more than five tickets, they will be subject to a court spectators, but there was still violence. I had not proceeding. Those penalties are substantial, and we are realised how bad it had become. going to be tough on those matters. If people misbehave Sport here must never be allowed to experience the at sporting facilities, they will be rubbing out their level of violence that sadly exists in Europe and the entitlement to continue to go there in the future. If United Kingdom. It spoils a great game and a great people misbehave, they risk being banned. Those family tradition. It is absolutely appalling. I recommend banning powers are what families want. Country people that many parents keep going to events with their coming to Melbourne to enjoy their sport while having children to build up relationships, particularly in time out with their families do not want to have that adolescence, when at times it is difficult to ruined by hooligans. With those few determined words, communicate with them. I have great pleasure in I wish the bill a speedy passage. commending the bill to the house. Mrs FYFFE (Evelyn) — I am pleased to speak on Mr KOTSIRAS (Minister for Multicultural Affairs the Major Sporting Events Amendment Bill 2013. and Citizenship) — It is a pleasure to speak on this very Sport is an essential part of our lives. I have been important bill. It is all about safety and fairness. As listening to the other contributions. While I have only a someone who in the past has attended many soccer few minutes at this time of the day, one of the things I matches, the things that I disapproved of and that made want to highlight is that in my teens I went to watch the me very anxious were the lighting of flares and the Stoke City football team when the great Stanley violence during and after the main matches. Luckily we Matthews was playing. It was my first visit to a major have moved on from those days, but they were sporting venue. There were probably only unfortunate experiences for many people, including 10 000 people there, but to a young person from the families. country it seemed that there were more, of course. It It is great to see legislation that will ensure the safety of was a great atmosphere. There was no violence and people who attend major events in this state. I pay none of the swearing or other bad language you hear at tribute to the Minister for Sport and Recreation for such events now. bringing this legislation into the house. As I can see that the member for Kilsyth wishes to say a few words, I I have found it very good for parent bonding to go to will end my contribution there. sports matches with my children, including travelling there, whether it be by train or car, and spending time Mr HODGETT (Kilsyth) — It is a pleasure to together. Watching sport on television at home does not make a contribution to the debate on the Major Sporting measure up at all to the benefits that families gain by Events Amendment Bill 2013. As members know, it is travelling together to a sports event, sitting there and a bill for an act to amend the Major Sporting Events enjoying it, and talking about it on the way home. It is Act 2009 in relation to events and event venues, crowd when you are with your children at an activity that management, aerial advertising and sports event conversations arise and you build on that bonding. We ticketing and for other purposes. I want to talk were lucky that with all five of our children we had specifically about a couple of clauses in the bill. opportunities to attend many great Australian Rules football matches, a few soccer matches and many other The SPEAKER — Order! The time set down for things. When I look back at those events now, I wonder consideration of items on the government business whether I would want to take small children to them, as program has expired, and I am required to interrupt business. we did, and whether I would be able to let them leave their seat and go to the toilet on their own. Motion agreed to.
We cannot let thuggery at soccer matches in Australia Read second time. reach the level that exists at soccer matches in England.
ASSISTED REPRODUCTIVE TREATMENT AMENDMENT BILL 2012
860 ASSEMBLY Thursday, 7 March 2013
Third reading EDUCATION AND TRAINING REFORM AMENDMENT (TEACHER Motion agreed to. REGISTRATION AND OTHER MATTERS) Read third time. BILL 2013
ASSISTED REPRODUCTIVE TREATMENT Second reading AMENDMENT BILL 2012 Debate resumed from 5 March; motion of Mr DIXON (Minister for Education). Second reading Motion agreed to. Debate resumed from 6 March; motion of Dr NAPTHINE (Minister for Ports). Read second time.
Motion agreed to. Third reading
Read second time. Motion agreed to.
Third reading Read third time.
Motion agreed to. Business interrupted pursuant to sessional orders.
Read third time. ADJOURNMENT
ALPINE RESORTS AND NATIONAL The SPEAKER — Order! The question is: PARKS ACTS AMENDMENT BILL 2013 That the house now adjourns. Second reading Teachers: enterprise bargaining Debate resumed from 6 March; motion of Mr R. SMITH (Minister for Environment and Mr WYNNE (Richmond) — The matter I wish to Climate Change). raise is for the attention of the newly elected Premier, and the action I seek is that he take the opportunity to Motion agreed to. intervene in the teachers pay dispute to ensure that, after two long years of disputation, resolution can be Read second time. reached to honour the government’s promise that teachers in this state would be the best paid in the Third reading country.
Motion agreed to. I recently received a copy of correspondence from a Read third time. constituent, albeit directed to the former Premier, which I wish to quote from. It reads as follows:
WATER LEGISLATION AMENDMENT Dear Premier Ted Baillieu, BILL 2012 I am writing this letter to you on behalf of the teachers at my Second reading school, students and my friends. Hi my name is Allie. I am only 10 years old in grade 5 at Debate resumed from 5 March; motion of Spensley Street primary, Clifton Hill. Please pay the teachers Mr WALSH (Minister for Water). more! I am going to tell you why. All the camps they take us to, all the work they put in to our learning and the excursions Motion agreed to. most of all the care and happy smiles we are now missing out on. Now it’s not the same because of your decision! It is Read second time. really bad. So please think about it. All of the kids in Spensley Street Primary School are counting on you.
Third reading Thank you for your time reading this letter.
Motion agreed to. I hope you can make a difference.
Read third time. Please, please write back!
ADJOURNMENT
Thursday, 7 March 2013 ASSEMBLY 861
This letter was written from the heart, unsolicited, by a installation of CCTV cameras will be one way to make young student. She sent me a copy of it, and I think that people feel safer in the town, particularly late at night in many ways it summarises the effects of this and on weekends. It is intended that the surveillance long-running pay dispute — cameras will be monitored by the Hastings police, and they will provide a valuable evidence-gathering tool. In Dr Sykes interjected. communities where CCTV cameras have already been installed, they are regularly used in the identification of The SPEAKER — Order! If the member for suspects and to assist in the prosecution of offenders. Benalla wants to keep that up, he will be out. CCTV security cameras act as a strong deterrent to Mr WYNNE — between the Australian Education those who think it is acceptable to behave in a violent or Union, and of course the Catholic schools, and the antisocial way on our streets. government. Like any dispute, eventually it will be The coalition government recognises that local solved. All these disputes have to be solved, but for me communities are best placed to identify and prioritise this poignant letter from a 10-year-old child at Spensley local crime and safety issues, and it is committed to Street Primary School summarises the profound effect supporting them in doing so. We all want to feel safe in that this dispute is having on the educational our community and the installation of a CCTV security opportunities for young people in this state. I put it to system will help to deter local crime, with a specific our new Premier that this is an opportunity for a fresh focus on assaults, graffiti, property damage, hoon start. It is an opportunity for him to take action and driving and theft. This major initiative by the coalition directly intervene in this matter to get this long-running government will provide families in Hastings with dispute solved in the interest of students in this state. more confidence in the safety of their local area, and it Hastings electorate: closed-circuit television will provide assistance to the Hastings police and the Mornington Peninsula Shire Council by strengthening cameras local crime prevention measures. Action on community Mr BURGESS (Hastings) — Today I raise a matter safety and crime prevention is a high priority for the for the attention of the Minister for Crime Prevention. coalition government, and this great initiative will help The action I seek from the minister is that he visit my make the Hastings community safer. electorate and meet with representatives of the local I therefore invite the Minister for Crime Prevention to police, the Mornington Peninsula Shire Council and the visit my electorate and meet with the representatives of Western Port Chamber of Commerce and Industry to local police, Mornington Peninsula Shire Council and discuss the issues of crime prevention in our area and, the Western Port Chamber of Commerce and Industry in particular, progress on a plan to install CCTV to discuss the fulfilment of the coalition government’s security cameras in the township of Hastings. As part of $250 000 election commitment to install CCTV this visit, I ask that the minister inspect the proposed security cameras in the township of Hastings and other camera sites and make departmental staff available to important local law and order matters. expedite paperwork and bring the process forward.
Prior to the 2010 state election I announced $250 000 Buses: route 562 for a CCTV security system to be installed throughout Ms D’AMBROSIO (Mill Park) — The matter I the Hastings retail precinct and to be monitored at the raise is for the Minister for Public Transport. I ask the Hastings police station 24 hours a day, seven days a minister to investigate how he could provide extra week. I announced this commitment as part of the morning bus services to the 562 bus route that goes coalition government’s community crime prevention from Whittlesea to Northland via the South Morang program, which aims to make communities safer train station and in particular for the section between through practical local solutions, such as investing in Mernda and Marymede Catholic College in South security infrastructure. Unfortunately there is a need for Morang. Several constituents have raised with me this sort of technology in this day and age, and a CCTV concerns about the impact of the extra number of security system in Hastings will aid local police in school students from Mernda who are now using the deterring and solving crime and, most importantly, it 562 bus to attend Marymede college since the closure will help to make local people feel safer on their streets. of Acacia College last year. The extra students travelling along this route has meant that the bus is Hastings is a great community and a wonderful place to frequently full by the time it reaches the Lakes live, but this year there have been a number of worrying Boulevard–Plenty Road bus stop in South Morang, offences committed against members of the public. The which is several stops before the Marymede college.
ADJOURNMENT
862 ASSEMBLY Thursday, 7 March 2013
One family in particular, the Raza family, has explained years, due to the commonwealth providing less money to me that at least twice a week the 7.30 a.m. bus than it promised. A visit by the federal minister to my bypasses the stop because it is full, leaving students electorate would enable her to see for herself the having to wait 20 minutes more for the next bus. They consequences of the federal Labor government’s take this 562 bus to connect with the 901 bus at the irresponsible financial behaviour. She would be able to corner of Gorge and Plenty roads to get to see the empty west ward at the Peter James Centre Greensborough College, which they attend. However, which has been closed as a direct result of her federal because they cannot get on the 7.30 a.m. bus they not cuts. Federal Labor’s hospital cuts stand in stark only have to wait 20 minutes for the following 562 bus contrast to the record level of investment in health of but are late to connect with the 901 bus. This means $13.7 billion made by the Victorian coalition that at least twice a week, every week, since the Acacia government, including a $1.3 billion increase in College closed, an additional half an hour has been funding since coming to government. added to their journey, leaving them late for school. It is also the unpredictability of the situation which is very The damage inflicted by these commonwealth cuts will concerning for them. It is hard to plan around not be easily repaired, and the disruption to patients and unpredictability, especially for children, for whom it staff will take time to heal. I would welcome the can often be somewhat distressing. opportunity to host a visit from the state and federal health ministers, which would enable them to inspect I ask the minister to consider seriously the impact the some local hospital facilities and meet with some of the closure of Acacia College has had on the access to patients and staff who are directly impacted by these public transport for students needing buses to get to irresponsible commonwealth cuts to federal health their schools. The flow-on impact needs to be funding. considered by the minister, and I hope he is in a position to do that. I acknowledge that the government Rail: Dandenong corridor level crossings has not put aside any additional funds to grow the bus services in this term of government relative to what Mr LIM (Clayton) — The matter I raise is for the existed before the government came to power, but I ask attention of the Minister for Public Transport. The this minister to look into this matter to see if there is action I seek is that the Minister release the VicRoads any way to grow the service for that particular section Caulfield to Dandenong rail crossing study and update of the route so that many children such as the Raza the house on the government’s priorities and time lines family children are still able to safely and reliably get to for eliminating the rail crossings along this gridlocked their schools every day of the week. corridor. In November 2012 the Minister for Ports made an announcement that the port of Hastings would Hospitals: federal funding be the subject of a major redevelopment and that these works would be brought forward by five years. I am Mr ANGUS (Forest Hill) — I raise a matter of curious to ask whether the Minister for Public importance for the attention of the Minister for Health. Transport is in agreement with this gung-ho decision or The action I seek is for the minister to invite the federal not, or whether he is taking the punt that all of the Minister for Health to visit the Peter James Centre in growing gridlock areas along this corridor are in Labor Burwood East, in my electorate of Forest Hill, so that electorates. The minister is well aware that the she can see firsthand the dramatic impact of her Dandenong rail line is experiencing massive increases commonwealth budget cuts on one of Eastern Health’s in passenger numbers year on year. The minister would important facilities. The federal health minister and her also be aware that peak-hour services need to be further government colleagues clearly do not understand the increased. However, the number of minutes that boom effect their drastic budget cuts have on the delivery of gates are down at rail crossings during peak periods is a important health services in Melbourne’s east. The now major cause of road gridlock along the line. futile attempt of the federal Treasurer, Wayne Swan, to deliver a federal budget surplus should not be a reason In November 2012 the Royal Automobile Club of for patients in Melbourne’s east to suffer. Victoria launched its comprehensive Growing Pains report in which it reinforced the Department of The fact that the federal minister has decided to restore Transport crossing elimination priority list. The RACV $107 million of the original $475 million report concluded that grade separations located along commonwealth cut is an acknowledgement of her the Dandenong rail corridor should be one of Victoria’s originally flawed decision. However, this is cold major priorities. The redevelopment of the port of comfort given that come 1 July this year the Victorian Hastings could see a four-fold increase in the number of health budget will still be short $368 million over three container units moved by rail along the already
ADJOURNMENT
Thursday, 7 March 2013 ASSEMBLY 863
crowded Dandenong rail corridor, while export and bowls club is located next to the Beulah weir pool, transport industry experts support a future container another great project that demonstrates the strengths of port in the Bay West area, which should be this community. I say to the minister, ‘I will meet you investigated. in Beulah. We will have a roll, talk to the bowling club about its synthetic green and have a great time’. If the government pushes ahead with the port of Hastings redevelopment, then surely this project must Rail: Maryborough–Ararat only be completed in conjunction with rail crossing eliminations. At a recent City of Monash briefing on Mr HELPER (Ripon) — The matter I wish to raise local issues, which included the Clayton Road rail is for the attention of the Minister for Public Transport. crossing, the minister’s upper house colleague Inga The action I seek from the minister is for him to support Peulich, a member for South Eastern Metropolitan a community-driven investigation of the options for the Region, expressed the view in relation to the Clayton Maryborough–Ararat rail line, which has not been used crossing that the City of Monash should either fund the for a number of years and has fallen into disrepair. This project itself or hand it over as a private-public is a shocking state of affairs for many locals who want partnership. However, in the other place on 24 February to see this community asset put to the best possible use. 2010 Mrs Peulich said the grade separation was ‘crucial’. What an embarrassing abdication of Maybe the line is suitable for a standard gauge link responsibility, particularly by this member. When she from the north of the state to the south-west. Maybe this was in opposition she was incessantly jumping up and could be added to by providing a tourist-based down in the other chamber complaining about the passenger rail service. Another possibility is for the line gridlock at the Clayton Road crossing; now she is a to be turned into a rail trail for people who want to member of the government she has completely enjoy the picturesque country through which the line forgotten about the issue. meanders at the foot of the Pyrenees ranges. Whatever option is uncovered, it needs to be a community-driven Beulah Bowling and Croquet Club: synthetic process so that we can be confident in the outcome. We greens do not want a department-driven consultancy that costs a lot of taxpayer dollars and serves up a predetermined Mr CRISP (Mildura) — I raise a matter for the outcome. We want an objective assessment of what is Minister for Sport and Recreation. The action I seek is the best use of this community asset into the future. for the minister to come to the Beulah Bowling and Croquet Club and inspect its bowling greens. The club For members not familiar with the is located on Beulah Recreation Reserve with the Maryborough–Ararat rail line, the first section between swimming pool, football ground, cricket club and other Maryborough and Avoca was opened in 1874. From facilities. The bowling club is led by Doug Mitchell and Avoca the track touches on the townships of a strong committee, including Peter Hallam, Ian Howie Amphitheatre, Elmhurst and Ararat. It is a line steeped and Eric Bell, the greenkeeper extraordinaire, who I in history which traverses some of the most beautiful understand has been there a very long time. The bowls scenery in Victoria. club is very active. It has two pennant teams and The type of investigation I envisage should consider all engages in social and community bowls. options, determine their feasibility and then advance the The club would be very happy to have a visit from the option which delivers the best outcome for local minister, who is pretty handy at bowls, as I have found communities as well as the state as a whole. We cannot out. He can have a roll and discuss the club’s ignore the aspirations of the locals, nor should we be application for a synthetic bowling green. The rollout of blind to the big picture in relation to this asset, which synthetic greens is now gathering momentum, and the after all belongs to us all. club is anxious to have a home green to maintain form I urge the minister to ensure that the government will in the local competition. The new green would also not be so arrogant as to assume that the local allow vital community sport to continue during community is not capable of being in charge of this drought. investigation. We would need to get various pieces of The minister wants more people to be more active, expert advice, but it is hard to imagine that some more often, regardless of drought. The drought hit shiny-pants bureaucrat is better placed to drive this Beulah very hard. Water restrictions and no rain meant process than a steering committee made up of locals that the grass bowling greens suffered enormously with goodwill and local knowledge. I ask the minister during the drought. Beulah is a great place, and the to consider this request urgently and favourably so that
ADJOURNMENT
864 ASSEMBLY Thursday, 7 March 2013
further deterioration of this track does not limit what program and provide grants for the purchase of may be done with it in the future. energy-efficient equipment such as solar panels. St Catherine’s Parish Primary School: I was also pleased to welcome the minister to Bentleigh tranquillity garden West Primary School where we announced that the school would receive $28 320 as part of the Victorian Ms MILLER (Bentleigh) — I direct my request to coalition government’s $20 million Communities for the hardworking Minister for Environment and Climate Nature grants program. The minister has also visited Change. The action I seek is that the minister visit Bentleigh Secondary College to congratulate staff and St Catherine’s Parish Primary School in Moorabbin to students on their admirable water conservation and help plant herbs that I have purchased for the school’s general environment and sustainability efforts and to developing tranquillity garden. admire their new wetlands.
It was a privilege to visit St Catherine’s primary school The coalition government is committed to ensuring that in July 2012 to judge the broccoli grown by students as young Victorians understand the importance of part of the inaugural Marriott Cup. I was very maintaining a clean environment and living in a impressed to see the bright and inviting tranquillity sustainable way. I invite the Minister for Environment garden the students had created with the help of staff and Climate Change to visit St Catherine’s Parish and parents. The garden at St Catherine’s features an Primary School in Moorabbin to help plant herbs in the outstanding student mural and a number of planter school’s developing tranquillity garden. boxes growing a variety of seasonal vegetables. I am pleased to be able to support this developing project by Housing: vacant stock donating herbs to the student garden that will complement the delicious fresh produce. Mr LANGUILLER (Derrimut) — It gives me pleasure to raise a matter for the attention of the I have discussed the success of the tranquillity garden Minister for Housing. I join local residents and with the principal, Maria Angliss, who explained the especially Mr Ken Mooney in calling on the children enjoy the hands-on work of the garden while government and the Minister for Housing to make a learning about the environment and sustainability. The greater investment in public housing in order to address students maintain two worm farms to help reduce food homelessness in Victoria, and particularly in scraps being put into the school rubbish bins. This helps Melbourne’s western suburbs. However, the specific create great mulch and liquid fertiliser for the action I seek from the minister is that she provide a tranquillity garden. St Catherine’s families can also report as to how many more properties there are in the purchase this product for their own garden. city of Brimbank that are not occupied, like the property at 56 Learmonth Crescent, Sunshine West. The garden is entirely self-funded, so I am delighted to This property was unoccupied for more than be able to make a contribution to this worthwhile 12 months, abandoned and run-down, turned into a tip, project and invite the minister to participate with the with windows and doors damaged and vandalised, students at St Catherine’s. The visit would be a while there are people who are homeless and waiting wonderful opportunity for the students to showcase for public housing. The state cannot afford to have this everything they have learnt about the environment and level of neglect. sustainability in their tranquillity garden. The minister would also have the opportunity to speak with students In the local paper, the Brimbank Weekly, Mr Mooney is about important environment initiatives. quoted as saying:
I have previously been pleased to showcase the There are people living on the street, people living under Bentleigh community to the Minister for Environment bridges and in their cars, for God’s sake … yet the government thinks it’s okay to leave this house unlived in. It’s and Climate Change in the past. Last year the minister criminal … congratulated Bentleigh West Primary School and Bentleigh Secondary College when they were both I agree with him. There is no room for public housing nominated for a number of awards in the properties to remain unoccupied for months or years ResourceSmart Schools Awards. Bentleigh West while there are men, women and children who are Primary School achieved a 5-star sustainability homeless. I referred this matter to the attention of the certification after the minister invested $8.3 million in Minister for Housing in a letter of 8 May 2012 and said new funding to expand the sustainability certification that I had become aware that there was one property and had been told there were more properties that were
ADJOURNMENT
Thursday, 7 March 2013 ASSEMBLY 865
unoccupied and unlived in. She responded to me in a Ultimately I think the role of business is to innovate, to letter of 20 May indicating that she would take action. I be creative and also to create jobs. That is something am happy to table the two pieces of correspondence. In they do very well. A good, stable economic outlook and her letter the minister said: a good, stable economy within this state helps create the economic basis for businesses to do what they do best, Thank you for your letter received on 15 May 2012 on behalf which is to innovate, be creative, and to create jobs of your constituent Mr Ken Mooney. I have asked the department for further information and will reply to your ultimately as well. That is my request of the minister. letter shortly. Responses That house remains unlived in and that house remains vandalised. I repeat my request for action. I want the Mr DELAHUNTY (Minister for Sport and minister, on behalf of residents in the western region, Recreation) — I rise to respond to a matter raised with and particularly those who are homeless, to provide a me by the very hardworking and committed member report on how many more properties there are that for Mildura, who has been very active in his could and should be utilised and lived in by people who community. In fact I travelled to Hopetoun a couple of are desperate for housing in the western suburbs and weeks ago to open a newly refurbished pool. indeed in other regions. I am sure the minister and government members would agree with me that this is An honourable member interjected. neglect that the state of Victoria cannot afford. Mr DELAHUNTY — We did have a swim. We RayGen Resources: ministerial visit took on the young ones and they cleaned us up. The member has raised a very important matter concerning Ms RYALL (Mitcham) — I wish to raise a matter the Beulah Bowling and Croquet Club. He said that for the attention of the Minister for Energy and Doug Mitchell and other very committed people in the Resources. My request is that the minister come out to town want to upgrade the club’s bowling green and the electorate of Mitcham and visit RayGen Resources, croquet pitch so they can be more active in sport and one of the local businesses in Blackburn. The Victorian recreation. coalition government announced in March 2012 that it would provide $1 million in funding for the We have a community facility funding program that cutting-edge development of an ultra-efficient solar supports community sporting groups, and through this power system. The RayGen solar power project is program we focus on increasing participation for all developing technology for high-performance ages and genders and delivering accessible facilities. large-scale solar systems that concentrate solar power Our goal in this government is to make sure that these from a field of heliostats onto an array of super-efficient are community facilities that encourage people to play solar cells on a central tower. sports that they love throughout their lives.
Supporting the early development of technologies such I know the member spoke about a sporting precinct in as the RayGen project will help develop new renewable Beulah, and I have been through that town. I have energy technologies which ultimately can provide low played football there and know the area very well. I will emissions power for Victorian homes and businesses in take up the invitation by the member for Mildura. I the future. The coalition government funding is the first would love to get up there to the Mallee again with stage of development and involves fine-tuning design him. I know he has talked about the fact that they have components and optimising cost, performance and got two pennant teams. They have a very strong reliability in the overall design. The project is testing community in Beulah. They do a lot of work in creating and improving technology which could then be tested physical activity, and I look forward to the opportunity. on a larger scale. The community facility funding program has grants In addition to energy technologies, this project also available up to $100 000. I am sure the Beulah club provides highly skilled jobs. As a former business would like to get that sort of money. I look forward to owner having worked in the area of business going up there with the member for Mildura. As I said, development for many years, it is fantastic to see that he is a hardworking member, and I look forward to during times of structural change, in both Australia and going to Beulah and having a look at the sporting globally, we have businesses that are willing to be facilities. creative and that are willing to innovate, particularly Mr O’BRIEN (Minister for Energy and with companies such as RayGen in solar power and Resources) — I thank the member for Mitcham for renewable energies. raising this very important matter on the adjournment,
ADJOURNMENT
866 ASSEMBLY Thursday, 7 March 2013
and I congratulate her on her support for small Mr MULDER (Minister for Public Transport) — businesses in her area, her support for investment in The member for Mill Park raised an issue with me in new technology and her support for renewable energy relation to bus route 562 and the fact that on some of technology in particular, which this government is those bus routes, I imagine particularly around school supporting. time, there seems to be some overloading. The member indicated that there had not been any improvements to In March last year I announced that RayGen, a bus services since we came to office, but I point out to company based in Blackburn, in the member’s the member for Mill Park that in actual fact an electorate, was the successful recipient of $1 million in additional 2000 services per week have been introduced funding from the coalition government under our by the coalition government since we came to office. energy technology innovation strategy (ETIS) program. We doubled the funding for that program from One of the things we did was to ensure that we put in $41 million to $82 million upon coming to office place an independent statutory authority, Public because this government is committed to finding better Transport Victoria, to regularly review bus services ways to develop renewable and low-emission across the state and ensure that we get the best possible technology. Smarter technology can play a real role in bang for our buck out of those particular services and reducing greenhouse gas emissions without adding for the money that is available. I am sure the member unnecessarily to power bills, which is the federal Labor would also be aware, with the opening of the South government’s approach to cutting greenhouse gas Morang railway station, that one of the first roles of emissions. The federal government says, ‘Let’s put a Public Transport Victoria was to go through the local tax on everything and make everyone’s power bills bus routes and ensure that we had connectivity between more expensive’. We on the other hand believe in bus routes and the train timetable. It has been greatly smarter investment in technology to try to reduce the appreciated, and we have certainly done a lot in that pressure on household power bills. space.
The RayGen solar project, which was successful in What I will do for the member for Mill Park, now that obtaining the grant, is involved in some very interesting she has raised this issue with me, is ask Public technology. This project in particular concentrates solar Transport Victoria to have a look at the loadings on power from a field of heliostats onto an array of route 562 services to see exactly how they are super-efficient solar cells on a central tower. I had the travelling, whether there are issues of overloading and pleasure of going up to Bridgewater recently to see whether or not something can be done to assist there. I another project that the government is funding through will get back to the member for Mill Park on that ETIS — the solar systems project — and I have seen matter. the great array of solar technology up there. Victoria has a bright future when it comes to solar. The state The member for Ripon raised an issue in relation to the government is putting its money where its mouth is. We Maryborough–Ararat rail line. He does not want me to are investing in these projects, and it is very get one of those shiny-suited bureaucrats to have a look disappointing that in a number of instances, such as at this, but rather he wants me to hand this over to the Energy Australia’s Mallee solar park project, the community to deal with. What I will do for the member federal Labor government has absolutely refused — not for Ripon is this: if I can find a shiny-suited bureaucrat once, not twice but three times — to fund these who will now do the work for him, I might get them to projects. at least find out what information they have at hand to at least better inform this process. If the community The Victorian government is getting on with it and we wants to have a look at this, we can do that. These are investing in projects such as ETIS and technology bureaucrats are the same people who made the member such as RayGen’s, and I am very pleased to take up the look good in a former capacity, and that would have member for Mitcham’s offer. I would be delighted to been a job and a half, so I will get someone from Public come out to the wonderful suburb of Blackburn with Transport Victoria to have a look at this issue, see what her to tour the RayGen facilities and see what they are information we have at hand that may kick-start the doing there and how well they are investing the community, and determine what they believe the best $1 million grant from the Victorian coalition use for this particular project may be. government, under our ETIS program, to get more low-emission and renewable technology off the As we know very well, Public Transport Victoria is not drawing board and into the solar parks, homes and in the business of handing over rail assets that could be businesses. used for future rail corridors. There may well be something in its planning in terms of a future rail
ADJOURNMENT
Thursday, 7 March 2013 ASSEMBLY 867
corridor, and we would not want to have it handed over the federal government, and I suggest that local federal and converted to a rail trail and spend money down that Labor members get involved. Perhaps the member for path if there are some long-term plans in another Clayton would like to write to the federal Minister for direction, so let us have a look at that. I will start the Infrastructure and Transport, Anthony Albanese, and to process. I will get one of those shiny-suited bureaucrats the Prime Minister, Julia Gillard, to express his support to see if he can get some information for the member for that project and ask them to put forward the for Ripon as to exactly where we are in relation to that $30 million to the state government so we can do the corridor. That will give the member an opportunity to planning for that project. kick-start the process of having that discussion. Mr McINTOSH (Minister for Crime The member for Clayton raised an issue in relation to Prevention) — The member for Hastings raised with the Caulfield–Dandenong rail corridor and a lack of me a very important matter in relation to the installation capacity along that corridor. I have to say the one of the of CCTV cameras in his electorate. I have to pay a greatest shocks I got when I came to office was the compliment to the member for Hastings: he has been urgency surrounding this particular project and the fact persistent with his requests in relation to this matter. It that the former government had done nothing about that certainly was an election commitment; there has been a corridor. There was discussion about what it called significant amount of work done between the triplication of the line through that corridor, but it Mornington Peninsula Shire Council and my walked away from that project and did nothing about it. department and others, but the member for Hastings has been a significant advocate, and indeed was made that At the moment about 18 trains an hour run through promise at the last election. there in peak time. If we were to go down the path of a major upgrade, that could be pushed out to about The process involved in this is that grants are paid 30 trains, which would make a massive difference to through my crime prevention department. There is a that particular corridor. What that requires — and that grants program — the public safety infrastructure was quite clearly spelt out in the study into Rowville — grants — for up to $250 000 for infrastructure. In this was that, in order for Rowville rail to be delivered, we case it was CCTV cameras, but it could be lighting. had to do the Dandenong capacity project and we had Indeed, councils can also apply for, in public places, for to do the Melbourne metro tunnel. But the Dandenong example, the structure of architecture in particular capacity project involves over and above Springvale ways, as providing line of sight can be not only Road and Murrumbeena Road. We have already agreed decorative but also prevent crime. On top of that, many to fund the Springvale Road grade separation, with other innovative ideas have come out of this grants Murrumbeena Road identified as one of the next on our program in relation to the prevention of crime just by list to be funded, and there are a further eight grade using infrastructure lighting or, in this case, CCTV separation projects along that corridor. cameras.
Added to that would be a need to extend the length of The member for Hastings knows perfectly well — and platforms, high capacity signalling, and of course he said this in his contribution — that CCTV cameras nine-car train sets. We have put an application in to the can be used as response mechanisms, but what they federal government to assist us to push forward with the also provide is an opportunity to prevent crime. planning on that particular corridor. Some interim Communities feel safer when CCTV cameras are measures are being put in place to try to get additional around. The member for Hastings understands that capacity out onto the network in the meantime. when CCTV cameras are monitored, as they will be by However, I am sure the member understands the police in this circumstance, community members feel challenge with the number of trains going through there safer and are more likely to use the monitored areas not at the moment, with that number of level crossings. In only during the day but also at night. The member has trying to add further capacity, the boom barriers are been a strong advocate for his community. down longer, there is more traffic congestion around those crossings and it is a real challenge for us. There are a number of technical matters that have to be resolved between my department and the council But we are getting on with the job. We have done the regarding a grant. As I understand it the council has planning; we have gone to Infrastructure Australia. It is signed off on a grant agreement but there are a few a priority project for this government, and in terms of technicalities to be worked through. I can indicate to the releasing studies, the work has all been done. It is all member for Hastings that my department is quite with Infrastructure Australia. It knows what is required. prepared to work with the council to ensure that those We know what is required, but we need assistance from technicalities are worked out as soon as possible and
ADJOURNMENT
868 ASSEMBLY Thursday, 7 March 2013
that the CCTV cameras can be installed. Most importantly the cameras have to be monitored, and I am pleased that Victoria Police will monitor them down at Hastings 24/7 with a feed back to the Hastings police station.
I will just touch on another matter that the member for Hastings and I have discussed in relation to crime prevention in his electorate. Being a very strong advocate, he has raised the issue of violence in the streets. We are all concerned about this issue in our electorates, particularly in relation to the potential for youth violence. I will take the opportunity to visit Hastings and look at the issue of CCTV cameras in the member’s electorate. However, because of his advocacy, I also propose to have a meeting with the local superintendent, whom I understand is based in Frankston. I made a telephone call to him recently, but regrettably he was on annual leave. He is due back in a couple of weeks, and I look forward to going down to Hastings and Frankston as soon as possible to talk to with him, with the member for Hastings and with other local officials in relation to CCTV cameras. I thank the member for Hastings for his strong advocacy on behalf of his community in trying to prevent crime in Hastings.
The member for Forest Hill raised a matter for the Minister for Health in relation to federal funding for the Peter James Centre, which is in his electorate.
The member for Bentleigh raised a matter for the Minister for Environment and Climate Change in relation to St Catherine’s Primary School in Moorabbin, and I will ensure that the minister is alerted to that matter.
The member for Richmond raised a matter for the Premier in relation to the resolution of the current teachers dispute, and I will ensure that is passed on to the Premier.
The member for Derrimut raised a matter for the Minister for Housing in relation to the fact that he is aware of at least one public housing property in his electorate that is empty. He would like the Department of Human Services to investigate whether any other such properties in his electorate remain empty and should be used as housing for homeless people.
The SPEAKER — Order! The house will now adjourn.
House adjourned 4.43 p.m. until Tuesday, 19 March.