18 Mar 1997 Motion of Condolence 471

TUESDAY, 18 MARCH 1997 Dear Mr Turner, It is with regret that I have to inform you that I am tendering my resignation as the Member for Kurwongbah in the Mr SPEAKER (Hon. N. J. Turner, Nicklin) Parliament of Queensland as from today's read prayers and took the chair at 9.30 a.m. date. Since my two heart by-pass operations ASSENT TO BILLS last year, I have not enjoyed the best of health. In fact my health has deteriorated Mr SPEAKER: Order! I have to inform to the extent that my Doctors have the House that I have received from Her advised me that they believe I can no Excellency the Governor a letter in respect of longer effectively perform my duties as a assent to certain Bills, the contents of which Parliamentarian and as Member for will be incorporated in the records of Kurwongbah. Parliament— I am enclosing letters from my Doctors GOVERNMENT HOUSE which are self-explanatory. QUEENSLAND 19 February 1997 I would appreciate if you would convey my notice of resignation to the House at your The Honourable N. J. Turner, MLA earliest opportunity. Speaker of the Legislative Assembly Parliament House All the best for the future. George Street Yours sincerely, BRISBANE QLD 4000 Margaret Woodgate" Dear Mr Speaker I hereby acquaint the Legislative Assembly that the following Bills, having been passed by the MOTION OF CONDOLENCE Legislative Assembly and having been Death of Mr H. Dean presented for the Royal Assent, were assented to in the name of Her Majesty The Queen on 14 Hon. R. E. BORBIDGE (Surfers February 1997: Paradise—Premier) (9.33 a.m.), by leave, without notice: I move— "A Bill for an Act to provide for industrial organisations in Queensland and for other "1. That this House desires to place matters" on record its appreciation of the services "A Bill for an Act to provide for workplace rendered to this State by the late Harold relations in Queensland, and for other Dean, a former member of the Parliament purposes". of Queensland. The Bills are hereby transmitted to the 2. That Mr Speaker be requested to Legislative Assembly, to be numbered and convey to the family of the deceased forwarded to the proper Officer for enrolment, gentleman the above resolution, together in the manner required by law. with an expression of the sympathy and Yours sincerely sorrow of the members of the Parliament (Sgd) Leneen Forde of Queensland in the loss they have sustained." Governor Harold Dean was born on 20 February 1913, the son of Andrew, a businessman, and ELECTORAL DISTRICT OF Emily. Harold was educated in Brisbane at KURWONGBAH Sandgate State School and Brisbane State Resignation of Member High before working in the Public Service, principally within the State Housing Mr SPEAKER: I have to report to the Commission. A childhood bout of polio meant House that I have received the following letter that Harold wore leg braces throughout his life. from Margaret Rosemary Woodgate, member Whilst this meant that he was unable to take for the electoral district of Kurwongbah— up active service in World War II, it did not "March 17, 1997 discourage him from serving his country and, The Hon N Turner, MLA instead, he took part in the volunteer corps. It Speaker was during the war that he joined the Labor Legislative Assembly of Queensland Party. Parliament House In 1952 Harold was elected to represent BRISBANE QLD 4000 the Sandgate region as an alderman within 472 Motion of Condolence 18 Mar 1997 the Brisbane City Council. He stayed there for Mr BEATTIE (Brisbane Central—Leader eight years until he was elected as the of the Opposition) (9.36 a.m.): On behalf of member for Sandgate in 1960. Perhaps like all the Opposition, I second the motion moved by members who enter this place via local the Premier and pass on the condolences of government, Harold's views were characterised the Opposition to Iris and to Harold Dean's by an understanding of the problems faced at family. that level, particularly in relation to As the Premier indicated, even though infrastructure development and levels of Harold Dean retired in 1977, he was a financial assistance and subsidies from State frequent visitor to the Parliament. He used to and Federal Governments. come in here regularly with his good mate Mr Dean sat on the Opposition benches Jack Melloy, with whom he served in the for the duration of his parliamentary career House, to have morning tea. From time to and at the time of his departure in 1977 he time the staff of the Parliament have told me was the Opposition spokesperson on how delightful both Harold Dean and Jack community and welfare services. Harold was Melloy were and they looked forward to their well known for his strong views against the weekly visits here. consumption of alcohol and the use of illegal Harold was certainly a distinguished drugs. It was perhaps a mark of the tenacity parliamentarian. He had the unfortunate and strength of the man that he was not experience of serving in the cricket team days dissuaded from expressing his views, which when the Labor Party was reduced to 11 were often controversial, even when they members in this House. Harold was delighted conflicted with the policies of the Labor Party. when our position improved significantly after those days. He was one of those tough Above all else, Mr Dean was certainly an individuals who went through the difficult times enthusiastic and strong local member, for the party, and he did it with style and a lot committed to his home turf of Sandgate and of commitment. constantly trying to achieve more for the residents in his electorate. Whether it was Harold was born in Red Hill on 20 trying to get ceiling fans installed in the local February 1913. He was educated at the school, obtaining improved health facilities or Sandgate primary school and he attended advocating the installation of sewer systems, Brisbane State High. He was the alderman for he was often vocal in his criticism of the Sandgate from 1952 to 1960 and he was the Government of the day. He was considered State member for Sandgate from 1960 to accessible and personable by those who 1977. Unfortunately, he passed away on 28 worked with him in his electorate and he was February 1997. certainly a popular and well-respected figure Harold was a Commonwealth and State on both sides of this House. Honourable public servant with the Housing Commission members will be well aware of the physical prior to 1952, and he was a voluntary worker demands that representation of their for the Army from 1939 to 1945 because, due constituents places upon them and will to the fact that he had poliomyelitis as a child, therefore have some appreciation of the he was unfit for war service. He was the achievements of Mr Dean in overcoming Opposition spokesman on community and physical disability to do this over a period of 17 welfare services, he was a member of the years. Queensland Central Executive of the ALP from 1950 to 1955 and he was the past Shortly before he retired from politics at president and secretary of the Sandgate the age of 64, Harold announced his branch of the ALP. He was a patron of the engagement to Iris Toppin, whom he met Sandgate boy scouts, he was a member of while working in Parliament House. They later the Lions Club, he was a fellow of the Royal married and moved to Sandgate to live. His Geographic Society, he was vice-president of retirement notwithstanding, Harold did not lose the Queensland Band Association, he was a interest in the machinations of this place and member of the Musicians Union and he was a was frequently seen around the precincts of member of the Brisbane QATB Executive, Parliament House. As a frequent visitor, he which gives the House some idea of the broad was always keen to have a chat and a yarn. I interests that Harold Dean had. always found him to be an absolutely delightful gentleman. In 1977 Harold married Miss Iris Toppin, who was the head of the parliamentary Harold is survived by Iris and their families. correspondence section at Parliament House. On behalf of the Government, I extend my When Harold Dean married at 64 it was his sympathy and that of this House to them. first marriage and, indeed, it was Miss Toppin's 18 Mar 1997 Motion of Condolence 473 first marriage as well. Of course, neither had the ups and downs of good and bad fortune children, but they do have an extended family. with the party, but he never lost his faith in the Those members who knew Harold Dean Australian Labor Party. Today I pay tribute to knew that he suffered from polio as a child Harold for that commitment and faith. and that he used leg irons and a walking stick I wish to speak again about his disability, for most of his life. In later years, he was because it is important to appreciate on an confined to a wheelchair. That says a great occasion such as this one his great strength of deal about the courage, the fortitude and the character. In spite of his substantial disability, strength of character of the man. no-one was more visible in the Sandgate Harold spent 25 years in representative electorate than Harry Dean. According to Nev service, and it is worth going through this Warburton, he seemed to be everywhere. His again. For eight years he was an alderman disability somehow made him more with the Brisbane City Council and for 17 years determined to succeed. It gave him greater he was the State member for Sandgate. He compassion and understanding of the entered politics at the age of 40 following a disadvantaged in our society, and he quietly career as a public servant, as I have went about giving them a helping hand. mentioned. Perhaps Harold's most memorable Most members of the House were career highlight was his successful advocacy delighted that Harold found romance at of lower strength beer. He was a confirmed Parliament House, when he married Iris non-drinker and non-smoker—something Toppin. People were very emotionally which provides an example to all members of supportive during those times. On this the House. occasion it is worth pointing out that, As to his personal attributes—my office notwithstanding his profound disability, Harold spoke to Nev Warburton, also a former never missed a division—and this was before member for Sandgate and parliamentary lifts were installed in the building. The leader, as well as Roy Harvey and Pat Hanlon, installation of lifts at Parliament House was all of whom were mates of his. They gave me met with some relief by Harold Dean. a few snippets that are worth sharing with the In summary, Harold's greatest attribute House. They said that Harold adopted a was his sincerity. He had the respect of philosophy of Abraham Lincoln; that is, live everyone in the community and Parliament. respected and die regretted. That exactly He overcame his disability in order to give sums up Harold Dean. According to Neville something to the community. Harold did not Warburton, Harold was very sincere, always hesitate to put forward his views—some of said what he thought and stood for what he them were very strong—and he did so in a believed was right. way that earned him the respect of everyone Even though he was physically in the Parliament. He was unquestionably a handicapped, his efforts in council were often strong representative for the people of thought to be far superior to those of the able Sandgate. As I said at the beginning, I pass bodied. In State Parliament, he was on the condolences of the Opposition in this enormously respected, highly regarded by condolence motion. members on both sides of the House and was Hon. J. M. SHELDON (Caloundra— held in great affection. Earlier this morning, Deputy Premier, Treasurer and Minister for members heard the Premier commenting to The Arts) (9.43 a.m.): I wish to add to that effect. Harold was a people person. All of comments made by my parliamentary his contemporaries said that there was not colleagues in offering condolences on the another person who was better at grassroots death of Harold Dean. Harold Dean retired as campaigning than Harold Dean. Harold was the ALP member for Sandgate in 1977 after associated closely with almost every 25 years of serving his local community. In organisation in the Sandgate area. I have fact, Mr Dean spent his entire working life already given some examples of his serving the people of Queensland as either a community involvement. The people of Federal and State public servant or a Brisbane Sandgate knew that they could go to Harold City alderman and a State member of with almost any problem. If he was not able to Parliament. He carried out this service with solve it, it could not be solved. strong conviction and dedication despite his Harold was a dedicated Labor man. polio-afflicted disability. Unquestionably, he was a representative of As the Premier has already mentioned, the working people of his electorate. He went Harold Dean was a man of temperate ideals. through all the traumas associated with the He scorned alcohol and drugs and split in the Labor Party during the 1950s, and campaigned against their use. To many of 474 Motion of Condolence 18 Mar 1997 those who have come to this House since The seat of Sandgate had a bit of a 1977, Harold Dean would be best chequered history in its early days in that it remembered as an avid follower of the was held by people from the Progressive modern parliamentary process. He was a National Party, the Country Party, the United regular visitor to the House every Wednesday, Australia Party, the Queensland People's when he caught up with old colleagues and Party and even the Liberal Party. Labor lost new friends. As leader of the Liberal Party, I the seat after the split in 1957. It was of great offer condolences on behalf of my party pride to Harold that he was able to win it back colleagues to Mr Dean's family and friends on for Labor in 1960. He held it until 1977. their sad loss. Harold would have been about 47 years Mr NUTTALL (Sandgate) (9.45 a.m.): In of age when he came into the Parliament. At the electorate of Sandgate, Harold Dean was the time, the local newspaper stated that he enormously well respected. Even in his latter was still a comparatively young man. I am very years Harold was very visible in the electorate. pleased by those sorts of comments, because In the last few years, Harold even succumbed I am a lot younger than Harold was when he to modern technology—and members may entered Parliament. The other thing Harold recall having seen Harold in the dining room in and I had in common was that we both had his wheelchair—buying an electric scooter to hair when we came into the Parliament. get himself around the electorate. Unfortunately, those sorts of problems go with the job. The sad thing is that Harold's leaving us As I said, Harold's affliction never, ever was something we had not expected. Despite stopped him from getting around the his affliction, he enjoyed relatively good health. electorate while he was an alderman, a State I probably more than anyone else was member and in his retirement. Harold had an surprised by his passing. The last time I saw enormous following in my electorate and his Harold was—and this is typical of Sandgate— funeral was well attended. I wish to thank the at the local fish and chip shop on the current and former Labor members at Federal, foreshore. Harold was down there with his council and State levels who attended the lovely wife Iris enjoying the views of Moreton funeral. The Labor Party was strongly Bay and his old electorate. represented at the funeral, and I know that Iris In his latter years, Harold was still very was extremely pleased to see such a strong active in a number of community representation. On behalf of the people of the organisations. He had enormous respect in electorate of Sandgate, we extend to Harold's Sandgate. Sandgate was one of the very last wife, Iris, and family, our deepest sympathy at areas taken into the greater Brisbane City his passing. Council. Those members who know the Mr ARDILL (Archerfield) (9.50 a.m.): Sandgate area well would know that Sandgate With regret, I join this motion of condolence. I contains a large number of community had quite a long association with Harold Dean. organisations. Harold was probably involved I had immense pride in that association and a with each and every one of those community great respect for him, not only for overcoming organisations at some stage throughout his his difficulties but also for the achievements of career. his life. We had quite a lot in common. I When Harold first became a State suffered from polio in my young days without member—and members can correct me if I great ill effect, but unfortunately for Harold it am wrong—I understand that we did not have left him with considerable problems of mobility. electorate offices. We still have a town hall in He overcame those difficulties, and it is a mark Sandgate. History records that Harold used to of the man that he did achieve so much conduct court in the Sandgate Town Hall, and despite his difficulties. He never allowed his the queues of people waiting to see Harold mobility problems to stop him from serving not regarding their concerns and problems in only the people who elected him but also relation to their electorate would extend well various organisations in Brisbane, and it is also beyond the door. In his later years after a mark of the man that so many people from retirement from Parliament, Harold resided on so many walks of life were at the funeral to the bluff at Shorncliffe. He had a nice, modest offer support and condolences to Iris and to home which had a lovely set of bay windows, acknowledge their respect for Harold. where he used to sit and read. He had a Harold was involved in community life for beautiful outlook over Moreton Bay. It certainly quite a while before he went into the Brisbane was a very peaceful and loving environment City Council. He actually spent nine years— for both him and Iris. three terms—in the Brisbane City Council, 18 Mar 1997 Motion of Condolence 475 where again he was well respected. For the encouragement. He always maintained a keen last year of his time in the Brisbane City interest in what was happening in the Council he was also the member for Parliament, even in the 20 years since he sat Sandgate, so he had two duties to perform. It in here as the member for Sandgate. is worth mentioning that he refused to take As other members have said, Harry was a two salaries at that time, meagre as they man of considerable courage and certainly were at that time, particularly the determination. He never allowed his disability Brisbane City Council salary. He gave that to impede his desire to serve the community away to local charities. It was a very difficult life or to be involved to his fullest in a whole range for even the most able-bodied and mobile of community activities. As the member for people at that time because there was no Archerfield has already commented, one thing support of an electorate office, either for the that perhaps was not so well known about Brisbane City Council or for the State Harry Dean was his great love of music. He Parliament. In fact, it was only in Harold's last maintained a very active and keen interest in a term in this place that State parliamentarians range of organisations that promoted not only had an electorate officer to field the first line of band music but also chamber music and questions coming in. Harold had to serve his orchestral music. electorate of Sandgate from his own home and, as the present member for Sandgate It has been remarked upon already by said, he also held court in the Sandgate Town some honourable members that Harry was a Hall. man of conviction. Certainly if one peruses Hansard over many years, one will see a Harold and I had a lot of interests in recurrent theme, that being Harry's common, particularly music. We served on the determination to oppose what he saw as the Brisbane Musical Advisory Council for many dangerous liberalisation of liquor laws in the years together. His keen intelligence and his State. At the time, and certainly in the mid keen interest in music, particularly band music seventies—as you will no doubt remember, Mr but right across the spectrum, came to the Speaker—there were a number of rather fiery fore and assisted in what is now a regular part debates in this place on issues about the use of the City of Brisbane, that is, the free of breathalysers and whether there should be concerts that occur in Brisbane. His input into mandatory gaol sentences and so on. To give the musical life of Brisbane was quite a feeling of those debates, it is worth while significant. In that regard, once again he referring to Hansard. There was one debate in overcame his difficulties. April 1975 in which a series of members talked I never knew Harold to complain about his about these issues, and this of course was an situation. He certainly was somebody whom issue which was dear to Harry Dean's heart. one could look up to and try to emulate, One could not imagine a greater gulf in despite the fact that that was very difficult. I members of the one political party than one offer my condolences again to Iris, as I did at could see in this particular debate. the funeral, and to his extended family. Mr Elliott interjected. Hon. D. J. HAMILL (Ipswich) Mr HAMILL: The member for (9.54 a.m.): I join this motion of condolence at Cunningham probably remembers it well. The the passing of Harry Dean. There are probably then member for Bundaberg, Lou Jensen, very few members in the Parliament now who stated in relation to blood alcohol levels— served in this place when Harry was—— "I might say that I drive a car better Mr Mackenroth: Three. with a .08 or a .1 blood-alcohol level than Mr HAMILL: I take that interjection from I do when I am sober." the member for Chatsworth. I am told that Mr SPEAKER: Was that 0.08 or 0.18? there are three members in the House who served with Harry. Mr HAMILL: Mr Speaker, the Hansard does record laughter at that point. The An honourable member: Four. member for Bundaberg also suggested that Mr HAMILL: Four—Mr Speaker he could certainly drive better than a member included. Many members would know Harry of the Assembly who left the place in a state because one would see him often in the of nerves. I have heard a number of cafeteria having a cup of tea with another of euphemisms, and that is a good one! In the his then parliamentary colleagues, Jack same debate, the member for Sandgate had Melloy, a former member for Nudgee. As a been railing against alcohol. In fact, the young member in this place, Harry would member for Sandgate, Harry Dean, was always be there with a word of advocating the stationing of police officers 476 Motion of Condolence 18 Mar 1997 outside pubs in order to apprehend the drunks chart its own course. In that respect, Harold before they got into their cars. He also made reminded me of some of the words of the the point that the drink-driver is a potential Henry Lawson poem "Too Old To Rat" and I killer. At the time, I suppose it could be argued would like to read the first verse of that poem that Harry's views were taking one extreme of onto the record of this motion. It reads— the argument and Lou Jensen's the opposite "I don't care if the cause be wrong extreme. I suspect with the passage of the Or if the cause be right— years that Harry Dean's views, at least in terms I've had my day and sung my song of policing in relation to road safety, have And fought the bitter fight probably become the norm and not the In truth at times I can't tell what exception. While deep down Harry was a The men are driving at prohibitionist at heart, he certainly did have a But I've been Union thirty years great concern for road safety, and that was And I'm too old to rat." just a part of his great concern for his fellow man. Certainly the care and attention that he Of course in Harold's case he was 50 years brought to his duties as member for Sandgate and it was not only the union movement he is well known, well respected and well was loyal to, but also the Labor movement. remembered. I want to add to this condolence But the sentiment remained the same: Harold the well wishes of my wife and family to Iris was too old to rat on this party. and to the other relatives of the Dean family. I was greatly saddened to hear of Harold's Mr J. H. SULLIVAN (Caboolture) passing and I was much distressed by the fact (9.58 a.m.): I did not know Harold Dean when that commitments that I could not break kept he represented the people of Sandgate, first me from his funeral. On this occasion I would as an alderman and then as their member of like to express my personal condolences to all this Assembly. Harold and I first met in 1990 those people who knew and loved Harold, when I was a member of the select committee particularly to his wife, Iris, and their extended inquiring into ambulance services in this State family and to his great mate Jack Melloy and Harold was a member of the Brisbane whom I know will be missing Harold today. QATB. I got the distinct impression at that time Hon. V. P. LESTER (Keppel) that the board had trotted Harold out with his (10.01 a.m.): As one of those members who impeccable Labor credentials to prevent the served in the Parliament with the late Harold heathens from making any changes to its Dean, I purely want to say that he was one of much-loved board system. But of course the very first people whom I met when I came Harold wasn't going to play that game, as I will into this place. At that time I knew very little point out in a moment. about the Parliament or even where on earth it I had the opportunity on many, many was. Some people might say I still do not know much. occasions to sit with Harold and his great mate Jack Melloy over in the cafeteria and to talk to Honourable members: Ha, ha! them about the way things were going in Hon. V. P. LESTER: Harry would have Queensland at the time. Of course, he much loved that comment and the little bit of preferred those first six years of conversation laughter because that is what he was really to the last year of those conversations, but about. He was a very happy man and he nevertheless they were enjoyable occasions always saw the good points in everybody. It for me. I learned one of the things that I think did not matter what side of the political fence kept Harold Dean as a representative of the one was on, if one showed him just a little bit people of Sandgate for 25 years, and that was of respect, then one got that respect back. his ability to take a great interest in what was Even in the late days when he and Jack would happening to other people. He certainly was have their cup of tea, he would always call me able to discuss knowledgeably with me over to sit down and find out how things are matters pertaining to my own electorate in going in central Queensland. That was always Caboolture. I was greatly pleased by the fact an extraordinarily generous interest that he that he would take the opportunity to make had in what was going on all over the State. himself aware of those matters. He always maintained the ability to be a very Like many of the Labor people who interesting person all the way through his life. preceded us in this place, Harold often I will not take up any more of the time of expressed some concern about the ways of the House; I simply want to say that he was a the modern Labor Party, although he always great Australian and each and every one of us stressed that it was the prerogative of the who were fortunate enough to have known present membership of the Labor Party to Harry Dean are the better for it. 18 Mar 1997 Petitions 477

Mr D'ARCY (Woodridge) (10.03 a.m.): I PETITIONS would like to associate myself and my wife with The Clerk announced the receipt of the the condolence motion for Harry Dean. Harry following petitions— was an honourable man, as most members here who knew him would know. I was one of the members who served with him. I certainly Bald Hills Railway Station remember very well the incident that occurred From Mr J. N. Goss (665 petitioners) on one night that the member for Bundaberg praying that the House immediately provide spoke in the House. I had never seen Harry the appropriate funds for the construction of a quite as riled as he was that night. I do not ramp at the Bald Hills Railway Station because know whether Hansard showed it, but Harry the existing steps are difficult for elderly certainly did interject and even waved his people, parents with prams and cyclists. walking stick a couple of times at the comments of the then member for Bundaberg, Lou Jensen. As members may K mart Site, Chermside know, Lou liked to have a drink and definitely From Mr J. N. Goss (34 petitioners) thought that he could drive a lot better with a requesting that the House abandon the few drinks under the tail than he could sober. proposal to construct a fire station on the old Harry really took to Lou that night and it K mart site at Chermside. continued for some time afterwards. Harry was a person who could accept all Public Transport, Crestmead sorts of points of view. Members may not be From Mr W. K. Goss (380 petitioners) aware but, when I was the member for Albert, praying that the House ensures a proper he actually had a holiday place at Runaway public transport system is made available for Bay. His next door neighbour was also an the newly developed shopping centre in Julie employee of this Chamber who used to like to Street, Crestmead. imbibe a little bit of the time. Most honourable members who were here during that period would remember Baxter McCarthy. Baxter's Public Transport, Logan City house was right next to Harry's. They were From Mr W. K. Goss (154 petitioners) actually great mates but Harry used to insist praying that the House ensures a proper that Baxter did his drinking at his own place, public transport system is made available for not at Harry's. the City of Logan with essential improvement and planning for the 21st century. It was an interesting period and Harry was one of those people who brought a wealth of knowledge to this place. We call honourable Public Transport, Greenbank members "honourable" but Harry Dean From Mr W. K. Goss (1,255 petitioners) certainly was an honourable man. I spent requesting the House to take immediate many hours with him at Runaway Bay and in action to significantly improve the level of this place. He certainly had a wealth of public transport services, including the local knowledge and he passed that on for bus service and upgrading of the existing Queensland and Queenslanders. He was non- Greenbank rail line to passenger status so as parochial in that area and I think it is to meet the public transport needs of local tremendously important that we saw where his households and the fast growing region. party politics played an important role to himself personally. He has left behind a legacy for all Queenslanders in that he was a type of Public Housing parliamentarian who came from an era when it From Mr Nuttall (146 petitioners) was very difficult for the Labor Party, when we requesting the House to take actions to were in opposition for a very long time. He ensure that the coalition Government meets managed to maintain that high standard that its commitments to (a) tenants in public is necessary in this place. I pass on my housing that they are not charged more than condolences and those of my wife to Iris and 25% of their income in rent; (b) tenants in to Harry's extended family. public housing that they are not disadvantaged; and (c) introduce accountable Motion agreed to, honourable members strategies for addition and replacement of standing in silence. housing stock to ensure that proceeds of sales 478 Statutory Instruments 18 Mar 1997 of public housing to tenants are reinvested in Eungella Water Pipeline Pty Ltd—Financial public housing. Statements 10/10/95 to 30/06/96 14 March 1997— Gateway Motorway, Bracken Ridge Island Co-ordinating Council—Annual Report 1995-96 From Mr Nuttall (401 petitioners) requesting the House to direct the appropriate Late tabling statement from the Minister for authority to erect barriers to provide adequate Families, Youth and Community Care regarding the 1995-96 annual report of the Island Co- noise amelioration along the Gateway Arterial ordinating Council road in the suburb of Bracken Ridge. Island Industries Board—Annual Report for the year ended 31 January 1996 Yeerongpilly/Fisherman Islands Late tabling statement from the Minister for Railway Line Families, Youth and Community Care regarding From Mr Radke (46 petitioners) the annual report for the year ended 31 January requesting that the railway line be straightened 1996 of the Island Industries Board. at the Norman Park curve and only (new generation) electric locomotives are to be used STATUTORY INSTRUMENTS for goods freight and passenger trains along In accordance with the schedule the Yeerongpilly/Fisherman Islands railway line circulated by the Clerk to members in the in conjunction with noise barriers where Chamber, the following documents were residents approve. tabled— Acts Interpretation Act 1954— Energywise Advisory Centres Acts Interpretation Regulation 1997, From Mr Welford (936 petitioners) No. 28 requesting that the House re-establish the Agricultural Chemicals Distribution Control Act Energywise Advisory Centres located at 1966— Springwood and Townsville with staff and Agricultural Chemicals Distribution Control funding adequate for provision of a high- Amendment Regulation (No. 1) 1997, quality service and that the mobile Energywise No. 54 Advisory Centres be maintained and used as Auctioneers and Agents Act 1971— intended for the promotion of energy efficiency Auctioneers and Agents Amendment and renewable energy technologies. Regulation (No. 1) 1997, No. 29 Petitions received. Auctioneers and Agents (Exemptions) Amendment Regulation (No. 1) 1997, PAPERS TABLED DURING RECESS No. 43 The Clerk announced that the following papers Breakwater Island Casino Agreement Act were tabled during the recess— 1984— 12 February 1997— Breakwater Island Casino Agreement Variation Regulation 1997, No. 11 Childrens Court of Queensland—Annual Report 1995-96 Canals Act 1958— National Australia Trustees Limited—Statutory Canals Amendment Regulation (No. 1) Accounts for the year ended 30 September 1997, No. 39 1996 Coal Mining Act 1925— 17 February 1997— Coal Mining Exemption Order (No. 1) Darling Downs-Moreton Rabbit Board—Annual 1997, No. 21 Report 1995-96 Education (School Curriculum P-10) Act 1996— Late tabling statement from the Minister for Education (School Curriculum P-10) Natural Resources regarding the 1995-96 annual Regulation 1997, No. 26 report of the Darling Downs-Moreton Rabbit Education (Senior Secondary School Studies) Board Act 1988— National Crime Authority—Annual Report 1995- Education (Senior Secondary School 96 Studies) Amendment Regulation (No. 1) 11 March 1997— 1997, No. 27 Queensland Treasury Holdings Pty Ltd—Annual Environmental Protection Act 1994— Report 1995-96 Environmental Protection Interim North West Queensland Water Pipeline Pty Amendment Regulation (No. 1) 1997, Ltd—Financial Statements 10/10/95 to 30/06/96 No. 38 18 Mar 1997 Statutory Instruments 479

Fire Service Amendment Act 1996— Nature Conservation Act 1992— Proclamation—the provisions of the Act Nature Conservation (Duck and Quail) that are not in force commence 24 Amendment Conservation Plan (No. 1) February 1997, No. 34 1997, No. 37 Fisheries Act 1994— Nature Conservation (Protected Areas) Fisheries Amendment Regulation (No. 1) Amendment Regulation (No. 1) 1997, 1997, No. 16 No. 36 Fisheries Amendment Regulation (No. 2) Nursing Act 1992— 1997, No. 47 Nursing Amendment By-law (No. 1) 1997, Fisheries Amendment Regulation (No. 3) No. 30 1997, No. 48 Petroleum Act 1923— Indy Car Grand Prix Act 1990— Petroleum (Entry Permission—BHP Indy Car Grand Prix Amendment Minerals Pty Ltd) Notice 1997, No. 55 Regulation (No. 1) 1997, No. 45 Plant Protection Act 1989— Jupiters Casino Agreement Act 1983— Plant Protection (Papaya Fruit Fly—Mt Jupiters Casino Agreement Variation Isa) Quarantine Notice 1997, No. 33 Regulation 1997, No. 10 Plant Protection (Papaya Fruit Fly—Mt Jury Act 1995— Isa) Quarantine Regulation 1997, No. 49 Jury Regulation 1997, No. 14 Public Service Act 1996— Proclamation—the provisions of the Act Public Service Amendment Regulation that are not in force commence 17 (No. 1) 1997, No. 56 February 1997, No. 13 Public Trustee Act 1978— Justice Legislation (Miscellaneous Provisions) Public Trustee Amendment Regulation Act 1996— (No. 2) 1997, No. 51 Proclamation—certain provisions of the Queensland Tourist and Travel Corporation Act commence 28 February 1997, No. 35 Amendment Act 1996— Proclamation—part 17 of the Act Proclamation—the provisions of the Act commences 17 February 1997, No. 12 that are not in force commence 21 Justices Act 1886— February 1997, No. 31 Justices Amendment Regulation (No. 1) Stamp Act 1894— 1997, No. 44 Stamp (Mortgage, Bond, Debenture and Juvenile Justice Act 1992— Covenant) Order 1997, No. 24 Juvenile Justice Amendment Regulation Superannuation (Government and Other (No. 1) 1997, No. 41 Employees) Act 1988— Local Government Act 1993— Superannuation (Government and Other Employees) Amendment Notice (No. 1) Local Government (Areas) Amendment 1997, No. 18 Regulation (No. 1) 1997, No. 22 Superannuation Legislation Amendment Act Local Government (Internal Boundaries 1995— Review) Amendment Regulation (No. 1) 1997, No. 32 Proclamation—sections 19, 28, 35 and 47 of the Act commence 14 February 1997, Lotteries Act 1994— No. 20 Lotteries Amendment Rule (No. 1) 1997, Superannuation (State Public Sector) Act No. 40 1990— Medical Act and Other Acts (Administration) Act Superannuation (State Public Sector) 1966— Amendment Notice (No. 1) 1997, No. 19 Medical Acts and Other Acts Superannuation (State Public Sector) (Administration) Amendment Regulation Amendment Notice (No. 2) 1997, No. 50 (No. 1) 1997, No. 52 Superannuation (State Public Sector) Mental Health Act 1974— Amendment of Deed Regulation (No. 1) Mental Health Amendment Regulation 1997, No. 42 (No. 1) 1997, No. 25 Transport Legislation Amendment Act 1996— Mineral Resources Act 1989— Proclamation—certain provisions of the Mineral Resources Amendment Regulation Act commence 7 February 1997 and 1 (No. 1) 1997, No. 46 May 1997, No. 23 Mines Regulation Act 1964— Weapons Act 1990— Mines Regulation (Application of Act) Weapons Amendment Regulation (No. 1) Repeal Order 1997, No. 53 1997, No. 15 480 Responses to Petitions 18 Mar 1997

WorkCover Queensland Act 1996— I trust that the above information will reassure WorkCover Queensland Regulation 1997, you on this matter. If I can be of any further No. 17 and Explanatory Notes for No. 17. assistance, please do not hesitate to contact my office.

RESPONSES TO PETITIONS St Helens Creek The Clerk laid upon the table of the House the following responses to petitions Response from the Minister for Natural received by the Clerk since the last sitting day Resources (Mr Hobbs)— of the Legislative Assembly, 30 January 25 February 1997 1997— I refer to your communication of 30 January 1997 relating to petitions objecting to damming Proposed Power Station of St Helens Creek and have noted the contents of separate submissions received from Response from the Minister for Mines and the following principal petitioners objecting to Energy (Mr Gilmore)— the damming of St Helens Creek: 20 February 1997 Mrs Valmai K Kay I refer to your letter dated 30 January 1997 with 120 The Esplanade which you enclosed the wording of a petition Grasstree Beach presented to Parliament by Mr R Cooper MLA, M/S 283 with regard to the location of the Oakey power MACKAY QLD 4740 station. and Oakey Power Venturers (Oakey Power) were Mrs Margaret June Plahn one of the successful bidders in the 1996 Ms 529 MT Charlton Road competitive bidding process. The Oakey power MT CHARLTON QLD 4798 station is scheduled to start operations in early 2000. The site of the proposed power station As part of a plan for the development of the contained in the bid was 4km west of Oakey at State's water resources to boost the economy the corner of Karney Road and the Warrego well into the future, the Coalition Government Highway. has committed $1 billion to a Water Infrastructure Package over the next fifteen After the successful completion of the bidding years. process, Oakey Power undertook further studies to identify alternative sites that could Following my submission to Cabinet during offer more attractive siting conditions. One May 1996, I announced the membership of a such site identified was a property located at nine (9) person Water Infrastructure Task Force the corner of Oakey Cross Hill Road and which was formed in response to Tangkam Dorries Road (which is the focus of announcement of the Coalition Government's the petition). Oakey Power initiated procedures initiative to plan the future development of the to secure town planning approval for this new State's water resources as part of a broader site, however, opposition to this new location strategy for the State's economic development. led to Oakey Power's decision not to proceed The principal responsibility of the Task Force is with the application. Therefore, Oakey Power to publicly call for nomination of water projects reverted its attention to the original site at the that warrant construction in the interest of corner of Karney Road and the Warrego further sustainable production and development Highway. of this State's water resources in parallel with Any change of site for the power station will agriculture, mining, industry, urban and require town planning approval. The town environmental requirements. The Task Force planning process provides ample opportunity has received over 380 submissions for projects for community objections and views to be with a gross value of over $8 billion. The Task considered. I believe that any concerns relating Force will provide recommendations for to the location of the Oakey power station can inclusion of projects in a Water Infrastructure be resolved within this process without the Development Program to be implemented over need for Government intervention. the next fifteen years. In terms of the environmental affects of the The two petitions received are in response to project, Oakey Power has indicated that it will submissions to the Task Force made by provide all noise mitigation measures necessary industry and organisations which proposed to meet current legal requirements and that development of St Helens Creek for exhaust gas emissions will meet the National conservation of water for agricultural purposes. Health and Medical Research Council These submissions to the Task Force do not guidelines. Furthermore, because the plant is carry any commitment by the Government to expected to operate in peaking mode only proceed with development of a storage at this (averaging about 5% utilisation rate) any site even if they were to be recommended by adverse environmental impacts will be minimal. the Task Force. 18 Mar 1997 Ministerial Statement 481

All of the projects recommended by the Task OVERSEAS VISIT Force will be subject to endorsement by Report Cabinet and to detailed investigation and review by the Department of Natural Resources. Hon. T. J. PERRETT (Barambah— Before any project can proceed to Minister for Primary Industries, Fisheries and development it must pass the guidelines for Forestry) (10.11 a.m.): I seek leave to table a economical and sustainable development and report on my recent trip to Asia as part of a obtain the necessary Government approvals fisheries trade mission. which would be based on the environmental and social issues that pertain to the site. Part of Leave granted. the approval process for any project proposal will be a detailed environmental study, and people opposed to the project will have the OVERSEAS VISIT opportunity to provide input to that process. Report Before giving any commitment in relation to Hon. R. T. CONNOR (Nerang— these particular petitions, I propose to await the Minister for Public Works and Housing) receipt of the Task Force report and (10.12 a.m.): I lay upon the table of the House consideration of that report with my colleagues in Cabinet. a report of my recent ministerial trip to New Zealand.

RESPONSES TO PARLIAMENTARY COMMITTEE REPORTS OVERSEAS VISIT Report The Clerk laid upon the table of the House the following responses to Hon. M. D. VEIVERS (Southport— Parliamentary committee reports— Minister for Emergency Services and Minister for Sport) (10.13 a.m.): I table a report on the Response from the Minister for Health (Mr delegation that I led to China, Thailand and Horan) to a report of the Public Works Indonesia. Attached to the report are copies of Committee entitled Inquiry into the Redevelopment of the Cairns Base Hospital; agreements signed while in Asia, plus a list of proposed development projects presented to Response from the Minister for Environment me by the Heilongjiang Provincial Government (Mr Littleproud) to a report of the Public Accounts Committee entitled Review of the in northern China. The total value of the Tabling of Annual Reports 1995-96; and projects on that list is in excess of $1 billion, and I recommend that Queensland Response from the Minister for Natural businesses obtain copies of it. Resources (Mr Hobbs) to a report of the Public Accounts Committee entitled Review of the Tabling of Annual Reports 1995-96. MINISTERIAL STATEMENT World Expo FEES PAID BY CROWN TO Hon. R. E. BORBIDGE (Surfers BARRISTERS AND SOLICITORS Paradise—Premier) (10.15 a.m.), by leave: I Return to Order wish to report to the House on certain developments overnight towards securing a The following paper was laid on the second World Expo for Queensland. I wish to table— report on the success we achieved at a A return showing all payments by the meeting in Paris yesterday at a special general Government to Barristers and Solicitors, stating assembly of the Bureau of International the names of the recipients and the amounts Expositions. This meeting of the delegates of received separately, for the financial years July 40 nations overturned the last hurdle to a 1994 to June 1995 and July 1995 to June 1996. 2002 date for a new-style World Expo. The meeting voted overwhelmingly—39 to one—to accept legal advice that no moratorium on OVERSEAS VISIT smaller Expos existed. The BIE executive had Report attempted to impose such a moratorium Hon. T. J. G. GILMORE (Tablelands— because it said that there were too many Minister for Mines and Energy) (10.10 a.m.): I Expos. Australia's argument, led by seek leave to table a report on my visit to Queensland as the host of the projected Gold Papua New Guinea on 5 and 6 February this Coast World Exposition, was that the year. moratorium contravened the BIE's own rules and was misplaced in any case because what Leave granted. the Expo movement needed was not fewer 482 Ministerial Statement 18 Mar 1997

Expos but better ones. Our superb, cost- this essential redirection of the Expo effective and profitable 1988 World Expo was, movement will leave Australia alone in the field in our view, the justification for this position. for this date. We welcome the friendly Queensland's preferred position, backed competition of other nations. We are by the Federal Government, had been for a convinced that our bid will be the best and the 2002 Expo. Yesterday we won the right for most cost effective. We are also convinced BIE member nations to bid for a World Expo in that the chosen site at Coomera will also 2002 ahead of the 2005 Expo already provide Queensland after the Expo with a hub planned. As a result, we will be withdrawing of an exciting new dimension in integrated our bid for 2005 and bidding instead for the urban planning and new opportunities for high- innovative 2002 Expo that we always sought. technology enterprise. The complete vindication of the policy that the The December visit that I made to Paris State Government has adopted with support was preceded by a short visit to London from the Commonwealth represents a great where, in addition to seeing members of the opportunity for Queensland to reinforce its British Government on Expo and other place in the wider world. And it will, if Australia matters, I had the opportunity to renew is now awarded a 2002 Expo, give Queensland's official links with business circles Queenslanders and other Australians a and look at the operations of Queensland magnificent opportunity to experience again House and the office of the Agent-General. I the magic of an international Exposition. Our also met business people in Paris who are bid, themed around the concept of one interested in building commercial links with people, one planet, was well received in Paris Queensland. This process was much assisted in December and won considerable applause. by the stronger focus that the London office We thought that it was a winner then, and we now places on operating as Queensland's think it is now. Finally, so does the BIE. European representative office. Honourable members would be aware I am pleased to report that Queensland's that I visited Paris in early December to profile in Europe as a trading partner and present Australia's bid for another Expo. Our investment opportunity is steadily rising. I pay intention then was to bid for a scaled-down tribute to the officers and other operatives we Expo to be held in 2002 on a greenfield site at have working in that region. It is an important Coomera. The argument over the moratorium element in the Government's policy of at that time made it formally impossible to bid broadening trade and investment links around for 2002. Australia, as a consequence, the globe. I can report that, in relation to presented to the Paris meeting a proposal to investment in Queensland infrastructure and host a full-scale Expo in 2005 in competition the development of air links, the picture is with Nagoya in Japan and the City of Calgary encouraging. In addition to revitalised ties with in Canada. France itself, the growing economic, Since December, the Expo bid group, educational and social links that we have which is headquartered in Brisbane and led by created with New Caledonia under the Sir Llew Edwards, has been working towards agreement signed last year with the several acceptance by the BIE of the concept of a authorities in the territory are a matter of some smaller-scale, much less expensive Expo. The interest in Paris in both the political and team yesterday made another presentation of business fields. I emphasised both informally its conceptual plans for the Exposition at a in discussions and formally through a speech reception addressed by Australia's that I gave at the Australian business Ambassador to France, Mr John Spender, and breakfast in Paris that Queensland regards Sir Llew. Sir Llew and the Expo bid group France and its territorial administration in New yesterday presented what we believe is the Caledonia as friends and partners. For the strongest argument for Australia's bid for information of honourable members, I table a 2002—a cost regime that should reduce by at copy of my 12 December address to the least 25% the total outlays of participating Australian business breakfast in Paris. countries. Over the next few weeks the details of this cost reduction will be refined for formal MINISTERIAL STATEMENT presentation to the international Expo authorities and member nations of the BIE. Charter Flight to Thursday Island and Palm Island There is still a lot of work to be done. While the way is being cleared for an Expo in Hon. R. T. CONNOR (Nerang— 2002, we should not expect that the Minister for Public Works and Housing) pioneering work that we have done to achieve (10.17 a.m.), by leave: I rise to report on a 18 Mar 1997 Business Paper 483

Government charter flight to Thursday and An invoice for the trip was sent to Liberty Palm Islands. With me on the flight were and Beyond on 10 February, only a day or two metropolitan media representatives and Mr after the office received its account from Tony Cavanaugh from the Liberty and Beyond Ansett. Only when the invoice was presented production company. The trip was to maximise by the aircraft operators could the costs publicity for my department's cause in relation incurred by Mr Cavanaugh be determined and to ATSI funding. presented for payment. I table the invoice. Some time ago, I developed a book that The record shows that, when the bill was is to be scripted and produced by Liberty and presented, it was forwarded, and Liberty and Beyond. This film contract is properly listed in Beyond paid by cheque dated 21 February. I the MLAs' parliamentary register of pecuniary table a copy of the cheque. interests. Subject to the contract, I have If all journalists had accepted their attended a workshop and a church memorial invitations to travel, the aircraft would have service. Prior to the flight, I engaged in a been full and the matter would not have pedestrian conversation with Mr Cavanaugh, arisen. On board that aircraft were media and he expressed an interest in producing a representatives from SBS, the Australian documentary on ATSI communities. The flight, newspaper, Channel 7 and the Australian which was a routine exercise involving the Broadcasting Corporation. Mr Cavanaugh's media, occurred some time later. reason for travelling was an open book with all Just prior to the scheduled departure, of them. three media organisations withdrew from the trip. On my behalf, Mr Cavanaugh was invited In closing, I accept the criticism of the on the flight only on the grounds that the coalition leaders, who are rightly concerned plane had three seats unfilled. Mr Cavanaugh that although there was no impropriety in this was asked to pay all his own costs. He case, questions arose that led to a poor public confirmed that arrangement in his letter dated perception. Government-assisted location 7 February. I table that letter. I asked for this scouting is not a matter that comes within my personally signed account from Mr portfolio, although it has been common Cavanaugh, but I did not seek to influence its practice in Queensland under the former contents. Before the offer was made, I was Labor Government and the coalition. At the anxious to guarantee due process. My office time, I viewed Mr Cavanaugh's interest not as was asked to check the matter with the an exercise in location scouting but as an department and report back. This fact is borne opportunity to promote important issues within out in a diary note dated 21 January, two days my own area of ministerial responsibility. In prior to the trip, from the then Acting Director- future, I will not refer approaches from TV or General, Mr Mal Grierson, which I now table. film producers to my department but to the The Acting Director-General stated that as appropriate officers in the Pacific Film and there was no additional cost incurred because Television Corporation. For the benefit of there were spare seats on the aircraft, the members, I table a comprehensive report. person from Liberty films could accompany us on the visit. That person, the diary note states, would obviously meet all personal costs, such BUSINESS PAPER as accommodation, meals, etc. Tony General Business—Notices of Motion Cavanaugh was presented with a bill and paid more than $1,800. Mr FITZGERALD (Lockyer—Leader of That brings me to the Opposition's Government Business) (10.21 a.m.), by leave, question on notice. That film company has without notice: I move— brought prestige and employment to this "That notwithstanding anything State. The fact that a principal of such an contained in the Standing and Sessional important industry as this would be used by Orders for the remainder of this session, Labor as a political football concerns me. I all General Business—Notices of Motion made contact with the Opposition to provide appearing on the Business Paper, the relevant information and documents including those already appearing, shall without embarrassment to Liberty and be deleted from the Business Paper after Beyond. Clearly, Labor was happy to target the expiration of one month from the day me personally. But to involve Liberty and on which notice is given." Beyond and to blacken its name is a very bad path for us to be taking. Motion agreed to. 484 Notices of Motion 18 Mar 1997

COMMITTEE REPORTS I also lay upon the table of the House, Sessional Orders pursuant to section 4.7(4) of the Public Service Administration Act 1990, the report of the Mr FITZGERALD (Lockyer—Leader of Commissioner of the Police Service, Mr J. P. Government Business) (10.22 a.m.), by leave, O'Sullivan, being a certified copy of the without notice: I move— register of reports and recommendations "That the Sessional Orders adopted made to the Minister for Police and Corrective by this House on 2 April 1996 be Services and the Minister for Racing, the amended by providing— Honourable Russell Cooper, MLA, under (a) On presentation of a committee section 4.6(1)(A) of the said Act, including all report, the Member presenting the ministerial directions given in writing to the report may make a statement to the Commissioner for 1996 pursuant to section House for a period not exceeding 5 4.6(2) of the Act, along with the report of the minutes and a notice of motion may Chairman of the Criminal Justice Commission, then be given that the House take Mr Frank Clair. Mr Clair reports that he has no note of the report on Thursday next. comments to make in respect of the register. I advise that the report was received by the (b) On each Thursday, following Private committee on 3 February 1997. It is therefore Members Bills and prior to Question tabled within the prescribed period of 14 sitting Time, notices of motion for the noting days, as prescribed by section 4.7(4) of the of reports may be moved and Act. debated without amendment. (c) Members may speak on any such motion for 3 minutes." OVERSEAS VISIT Motion agreed to. Report Mr WELFORD (Everton) (10.25 a.m.): In SCRUTINY OF LEGISLATION accordance with the terms of approval given COMMITTEE by the Premier, I table a report on my recent overseas travel. Report Mr ELLIOTT (Cunningham) (10.23 a.m.): I lay upon the table of the House MEMBERS' ETHICS AND the Scrutiny of Legislation Committee's Alert PARLIAMENTARY PRIVILEGES Digest No. 2 of 1997, and move that it be COMMITTEE printed. Report Ordered to be printed. Ms WARWICK (Barron River) (10.25 a.m.): I lay upon the table of the House Issues Paper No. 2 by the Members' Ethics CRIMINAL JUSTICE COMMITTEE and Parliamentary Privileges Committee on Reports the sub judice convention. Hon. V. P. LESTER (Keppel) (10.23 a.m.): I lay upon the table of the House NOTICES OF MOTION the CJC publications titled "Criminal Justice Commission—summary of activities for Leading Schools November, December 1996 and January Mr BREDHAUER (Cook) (10.25 a.m.): I 1997" and "Gold Coast district negotiated give notice that I shall move— response trial: survey findings". The committee "That this House expresses its is tabling these documents as it believes that it concern at the uncertainty that has been is in the spirit of the Criminal Justice Act that all created among parents, the teaching non-confidential publications by the CJC be profession and the community at 'Leading tabled in the Parliament. Schools', the Borbidge Government's However, the committee stresses that it planned radical restructure of Education has not in any way conducted an inquiry into Queensland. the matters that are the subject of these publications, and that it is the CJC that has In particular, we note— determined that these publications are not (1) that the restructure will lead to 400 "reports of the commission" for the purposes job losses, 300 in regional of section 26 of the Criminal Justice Act. Queensland; 18 Mar 1997 Questions Without Notice 485

(2) major uncertainty about whether the taken to a $290 lunch at Augustines by the Government will provide schools with Minister for Health's staff so that they could adequate resources to deal with the finally get something done in Health. I table avalanche of bureaucracy which is the bill for that lunch. about to descend on schools; and The Premier said that Ministers could not (3) widespread anxiety that the go on any more overseas trips. They have proposed restructure will mean some been tripping over each other at the schools are well resourced and better international airport departure lounge trying to equipped to deal with the needs of get out of the place. A spokesman for the their students while other schools, Treasurer told us that, as long as the travel especially smaller schools, are forced was for business, that was okay. What other to cope with a diminishing share of sort of ministerial travel is there? Time is Queensland's educational resources. running out for Government members. They Further, we call on the Minister to know that the writing is on the wall. They are delay the implementation of 'Leading trying to make the best of it while they are in Schools' until schools are guaranteed office. Bjelke-Petersen was never that weak. adequate resources to cope with any Time expired. changes and the equitable distribution of Mr SPEAKER: Order! Time has expired. all education services to all Queensland It is now question time. students."

QUESTIONS WITHOUT NOTICE Disallowance of Statutory Instrument Mr T. Cavanaugh Mrs EDMOND (Mount Coot-tha) (10.26 a.m.): I give notice that I shall move— Mr BEATTIE (10.29 a.m.): I refer the Treasurer to her statement of 25 February "That Sections 68, 164, 176 and 263 clearing her Housing Minister of any of the Health (Drugs and Poisons) wrongdoing for taking Liberty and Beyond film Regulation 1996 be disallowed." producer Tony Cavanaugh on a taxpayer- funded ministerial trip to Thursday Island on PRIVATE MEMBERS' STATEMENTS 23 and 24 January. I ask the Treasurer: exactly what document did she see that Performance of Coalition Government supports the Minister's claim that Mr Mr BEATTIE (Brisbane Central—Leader Cavanaugh was asked to pay his share of the of the Opposition) (10.27 a.m.): In the very charter costs before the Opposition first raised week that scientists in the UK announced that this matter on 30 January? they had successfully cloned sheep, this Mrs SHELDON: As the Leader of the coalition Government unveiled its own cloning: Opposition knows, all of these questions have the attempt to clone Sir Joh Bjelke-Petersen. been answered. His question shows the The features were familiar and they were poverty of the content of his questions for similar: political interference in the today. I thought that, with the coming of a new appointment of senior judges—this time to the year, we would have a bit of oomph from the High Court—and a willingness to ignore the Opposition, but instead we have nothing. Constitution as it relates to appointment of Senate replacements. However, what was When this matter came to my attention, missing was the leadership gene. which was on the morning of a Cabinet Unfortunately for the Nationals, Sir Joh's little meeting, my officers went over—— "Sir Echo" is just not up to it. Mr Beattie: Why are you covering up for The Premier was at the coalition's Coolum him? love-in announcing that there would be no Mrs SHELDON: The Leader of the golf, while the Minister for Family Services was Opposition asked the question; would he like announcing to the press gallery that it was hot to hear the answer? My officers went to Mr out on the course. The Premier announced Connor's office and spoke to departmental the speed-up of the Capital Works Program, persons, including the deputy director-general just as he did on 9 November 1996, 25 who had signed the allocation to allow this November 1996 and again on 1 February gentleman to go on the plane. The word from 1997. He is now so unable to get his way with the deputy director-general was that, indeed, Cabinet Ministers that the Nationals have to there was the full intention of this person to go to ministerial staff to get some work done. pay his fare, all his accommodation and National Party President, David Russell, was expenses. 486 Questions Without Notice 18 Mar 1997

Mr Beattie: Did you see any proof? You Mr BORBIDGE: I thought that the still haven't answered the question. Opposition might be interested in the reply. It Mrs SHELDON: I said this at a press is an intelligent question, and I ask honourable conference well over a month ago. As the members to listen carefully. The answer to the Leader of the Opposition does so often, he is honourable member's question is, "No." I have just trying to beat up something that I am not decided not to announce an election on afraid is already dead. that date because I was never going to announce an election on that date. We saw from the Leader of the Mr T. Cavanaugh Opposition yesterday Queensland early Mr BEATTIE: I understand what election alert No. 23. He averages about two a happened in Brisbane on Saturday. I refer the month. The problem is that the Leader of the Opposition has developed a phobia about Minister for Public Works and Housing to his early elections. It is simply repetitious panic. If visit to the Torres Strait on 23 and 24 January members were to believe the Leader of the and his claim that Tony Cavanaugh agreed to Opposition, at various times the Government pay his share of the $18,050 Thursday Island has planned early elections for a variety of flight cost before the Opposition raised the reasons: we were afraid to bring down a matter on 30 January. I ask the Minister: as Budget; we wanted an election before our first none of the documents tabled today by him, Budget because we had made too many which we have read, show that, will he now promises; then we wanted an early election for table in this Parliament documentary proof a confrontation with the unions about industrial that this happened? relations. There was no election. Then in Mr CONNOR: I presented a very September last year, we were going to have comprehensive report to the House not 10 or an election because of the Carruthers inquiry. 15 minutes ago, and also tabled a number of The Opposition Leader went into red election documents which quite clearly show—— alert. He put the ALP on what he called a "war Mr BEATTIE: I rise to a point of order. footing". However, there was no war. So it was The Minister is misleading the House. I have back to the Budget. By September, the indicated already in my question that his Opposition Leader was convinced that we had documents have not been tabled. changed our minds on the Budget, that we had got on top of our fear and that we were The SPEAKER: There is no point of actually going to have one—that is an order. The Minister is answering the question. I election, not a Budget—and that it was going call the honourable member for Warwick. to be an election Budget. Mr BEATTIE: I rise to a point of order. So when the Budget came and went We know that this Government has no without an election, the new trigger, still in the standards. Is this Minister going to continue to month of September last year, was workers' treat this Parliament, and the people of compensation. That did not work. So the next Queensland, with such arrogance and trigger was going to be the Lytton by-election. contempt? It is a disgrace, an absolute That did not happen. So the next trigger for an disgrace! election was going to be Wik. Then by January, on warning No. 19, it was a double- Mr SPEAKER: There is no point of header: we were informed by the Courier- order. The Leader of the Opposition asked the Mail— question and the Minister answered it. The Leader of the Opposition can pursue the "Beattie has already written a back- matter further in another forum. I call the up script if his Wik plot falls through. honourable member for Warwick. If the Premier does not use Wik as a trigger, we believe he will try to bribe voters with a give-away Budget on May June Election 27 and go to the polls immediately Mr SPRINGBORG: I ask the Premier: afterwards." yesterday the Opposition Leader was reported To ensure that I have not misrepresented as saying that the results of the local the Leader of the Opposition, I thought that I government elections at the weekend have should check the dates on which he has forced the Premier to scrap plans to announce predicted an election. They are: 9 April 1996, an early election to be held in June. Could he again on 16 April, then again on 17 April, then advise the House if he has decided not to on 7 May he predicted it twice—that was a big announce a June election? day—then we had a bit of a break; the Leader 18 Mar 1997 Questions Without Notice 487 of the Opposition did not predict an early early election, his credibility has suffered, and election until 11 June. He again predicted an suffered, and suffered. Twenty-two times he early election on 31 August. Then he has predicted an early election and has predicted one on 1 September. The Sunday sought to work his program of political Mail stated— instability in this State. Twenty-two times the "The ALP has moved onto a war Leader of the Opposition has been wrong. footing . . . The record of the Leader of the Opposition speaks for itself. A meeting of party heavies including Peter Beattie . . . Jim Elder . . . Mike Kaiser and . . . Don Brown took place on Mr T. Cavanaugh Friday . . . for what . . . party figures are Mr ELDER: I refer the Minister for Public convinced will be an early election in the Works and Housing to his recent trip to the wake of proceedings at the Carruthers Torres Strait and the documents that he inquiry." tabled this morning. I refer the Minister also to On 2 September, the Leader of the the diary note on 22 January noting the fact Opposition predicted an early election, then that those three media outlets were unable to again on 12 September, 16 September, 17 accompany him on his visit. I then refer the September—and then again on 17 Minister to the diary note on 21 January from September—2 October and 8 October. Then Mal Grierson, and I ask: how could Mr we had a break for a while; the Leader of the Grierson have approved the trip knowing there Opposition did not say that we were planning were vacancies when quite clearly that an early election until 7 November and then vacancy was not outlined until the diary note again on 9 December. On 18 January, the of 22 January? Courier-Mail stated— Mr CONNOR: Members of the media "Mr Beattie told party members at a were sent a notice that they were to get back dinner in Yeppoon on Thursday night: 'If to the department by 5 p.m. on the 21st. As I you look at the way Borbidge behaved in understand it, it was after that time on the 21st Normanton on the Century Zinc issues that they went to see the acting director- and you examine the way he and his general. Ministers are positioning themselves on the Wik issue, the similarities are obvious. We believe he is trying to engineer a Employment Growth situation where the Government's Mr CARROLL: I refer the Deputy provocative and confrontational decisions Premier, Treasurer and Minister for The Arts to will result in an impasse where he says an today's front page of the Courier-Mail, which election has to be called." carries a story with the headline "State's jobs Then again on 18 January the Leader of the outlook brighter", and I ask: will she inform the Opposition made the prediction. On 3 House of the basis for that claim? February 1997, the Courier-Mail stated— Mrs SHELDON: I thank the member for "The Opposition believes an election his question and for his obvious interest in job could be held this year." creation in our State. I will quote a number of Then on 5 February 1997, the Courier-Mail independent reports which show the very stated— positive moves that are being made in our State. Firstly, I refer to the Access Economics "Queensland was embroiled in a forecast report which has been released 'phoney war' as the Borbidge Government recently. This is the second report in just over prepared for an early state election a month which forecasts Queensland's jobs Opposition Leader Peter Beattie said outlook as the best of all the States. That is yesterday." really good news. Then we had the prediction at the weekend. In that report, Access Economics forecast So we have now had 22 early election that employment growth in Queensland would warnings from the man who stood in this place exceed that of all other States over the next and demanded that the Parliament run its full two years, with a growth of 2.1% for 1996-97 term. and 3.6% for 1997-98. This is the best jobs I want to assure the Leader of the outlook for all the States for 1996-97 and Opposition that the Government is getting on 1997-98. I am sure that even the Opposition with the job. He is getting a bit like the boy would be very pleased to see this positive jobs who cried wolf. Every time he has predicted an growth in our State. 488 Questions Without Notice 18 Mar 1997

Yesterday's Access Economics report Mrs SHELDON: This shows that followed the National Australia Bank's Queensland is on the rise and that we have Quarterly Business Survey, which was some very positive indices. It is very released in February, in which Queensland's unfortunate that the shadow Treasurer and record—— the Leader of the Opposition are not backing Mr Elder: It's only the Treasurer who's Queensland on this. As usual, we hear holding it back. negative whingeing and harping from them. They do not really want to see our young Mrs SHELDON: It would be nice if the people find jobs and they do not want to see Deputy Leader of the Opposition was our State improving and running ahead of the interested in jobs growth, but, unfortunately, rest of the nation. We are the premier State we know that he is only a negative, whingeing and we intend to stay that way. Our coalition harper who is not interested in any positive policies are really creating jobs. results for our State. The National Australia Bank's Quarterly Business Survey, which was released in Mr T. Cavanaugh February, showed that Queensland had the Mr MACKENROTH: I ask the Minister highest expectation of any State for for Public Works and Housing: if the Minister employment for the March quarter of 1997. was so mindful of a conflict of interest in taking The survey revealed that 82% of Queensland Tony Cavanaugh on a ministerial trip to respondents expect to maintain or increase Thursday Island, why did he promise their employment levels over the March Cavanaugh that he could accompany him on quarter. a ministerial trip to Europe which would include The third piece of good news came in the a stop over at the Cannes Film Festival on the February Yellow Pages Small Business Index, French Riviera? which revealed an improvement in Mr CONNOR: That is totally untrue. I Queensland business conditions over the had nothing to do with that. That is a total three months to January 1997. Perceptions of fabrication. the Queensland economy a year from now were extremely positive, with 45% of respondents anticipating an improvement in Land Tenure conditions. Again, this is the highest of all Mr MITCHELL: I refer the Premier to Australian States. the Opposition Leader's recent criticism of the The Access Economics report also Government in not negotiating the right to forecast that Queensland's real gross State process in relation to mining projects, as the product growth of 5.4% will be the best of all Western Australian Government has done the States in 1996-97. To compare consistently, and I ask: is the Opposition Queensland's real gross State product Leader's criticism valid? forecast of 5.4% with that of other States— Mr BORBIDGE: I welcome the New South Wales was the next highest at opportunity to educate the Leader of the 4.4%; Victoria, 2.8%; Western Australia, 3.5%; Opposition in respect to the differences of land South Australia, 1.6%; and Tasmania, 1.7%. tenure around Australia. To justify his criticism The fourth very positive indicator is that of the Government, the member for Brisbane the ANZ job ads survey for February shows a Central recently said on ABC radio— 4% increase for Queensland in seasonally "What's the difference between adjusted terms, compared with the national Queensland and Western Australia in this increase of 1.8%. The fifth very positive point lease area? The answer to that is . . . is that the ABS labour force figures released virtually nothing." last week showed that, under the coalition, The Opposition Leader has managed to get a 7,900 more Queenslanders were employed in degree in ignorance because he is factually February. The figures also showed an incorrect in respect of land tenure in Western improved unemployment outlook, with a Australia, which differs to that in Queensland. decrease in the unemployment rate from 10.3% to 9.7%. An analysis of the ABS data Mr Beattie interjected. showed that 26,000 jobs, or 25,900 to be Mr BORBIDGE: If the Leader of the exact—24.5% of all jobs in the nation—have Opposition is prepared to listen, I might be been created in Queensland in the first year of able to help him out a little. the coalition Government. The issue of the differences between Mr Hamill interjected. leases in Western Australia and Queensland 18 Mar 1997 Questions Without Notice 489 goes to the very heart of the decisions that nothing has come about; it has been an were taken not only by this Government but abysmal failure. also by the former Labor Government in In reply to criticism made by the Leader of respect of section 29 notices. The fact is that the Opposition, I wish to quote the comments until the judgment of the High Court in Wik, of Mr Michael Pinnock, from the Queensland the law had been interpreted by lower courts Mining Council, on the Cathy Border program up to and including the full Federal Court to be of 13 March when the issue of the initial freeze that, when it came to native title, there were in by the Government was raised. The transcript fact crucially significant differences between reads— pastoral leases in various States. The situation in Western Australia is that there has always "Border—Are you still wondering why been a clear acceptance of the fact that this happened in the first place? pastoral leases in that jurisdiction did contain Pinnock—No. It was clear why it reservations in favour of Aboriginal people happened in the first place and we retaining some degree of access to pastoral entirely understood the Government's land. If one looks at the history of leasehold initial reaction, why they took stock and land in Western Australia, which clearly the some legal advice, because the Wik Leader of the Opposition was not prepared to decision did mean that 85% of do, with the exception of a few leases issued Queensland land became claimable, during the 1930s, leasehold land in Western doesn't mean to say it will actually be Australia by and large has included and claimed as opposed to 8% previously and incorporated that access principal. That that meant a complete change in the circumstance made it inevitable that the approach to the land management." Western Australian Government would have to If we had gone down the path that the Leader issue section 29 notices, bringing into play the of the Opposition advocated and we issued right to negotiate processes of the Native Title everything willy-nilly, the potential Act. compensation claims would have been On the other hand, in Queensland right horrendous for the State of Queensland. In up till the Wik decision it was generally consultation with the Commonwealth, as it recognised by the previous Labor Government developed its response to native title, we put as well as the coalition Government that there in place a risk management strategy so that were no reservations in favour of Aboriginal we could start to free up certain approvals people in relevant land Acts or in the terms of where it was possible to do so. I make the leases. Advice on that point convinced the point that at the briefing which peak industry Government of which the Leader of the groups received last week they accepted the Opposition was then part that it ought not legal advice and the proposition of the engage the right to negotiate process where Government—— there was a mining lease application. There Mr BEATTIE: I rise to a point of order. I was no basis for a claim and therefore there challenge the Premier to table his legal was no reason to engage the right to advice—the legal advice that put Queensland negotiate process. That policy was adopted on freeze. and it was maintained consistently by the Mr SPEAKER: Order! There is no point former Labor Government. When we came to of order. The member will resume his seat. office, we agreed with it. To have engaged the right to negotiate process in Queensland Mr Beattie: If it is so good, table the before the Wik decision was handed down advice. would have been to agree with the proposition Mr BORBIDGE: The first thing the that potentially valid native title claims could Leader of the Opposition would do would be have been made over pastoral leasehold land to give the advice to his mate Pearson and in this State. The Government ultimately the Cape York Land Council. That is why he issued section 29 notices and engaged the wants our legal advice. There was a full legal right to negotiate process in relation to briefing. Century, and we know what happened there. Mr Beattie: Table the legal advice. I would also bring the attention of Mr BORBIDGE: If I could trust the honourable members opposite to the fact that, Leader of the Opposition, I would table it. if they think going down the section 29 route is Mr BEATTIE: I rise to a point of order. I the way to go, they should look at what has find those remarks from a man who has happened in Western Australia, which has difficulty understanding the truth offensive, decided to pursue that option. Absolutely and I ask that they be withdrawn. Why does 490 Questions Without Notice 18 Mar 1997 the Premier not stop being a wimp and table Native title and Wik are a litmus test for the legal advice? the Leader of the Opposition, and he has Mr SPEAKER: Order! The Leader of failed it. He was part of a Government that the Opposition has found the remarks said that pastoral leases extinguish native title. offensive. That is how he sold the deal. That was part of the deal signed off. The member for Logan Mr BORBIDGE: Straight from the John signed off the deal with Mr Keating, Noel Singleton academy—shave off the mo and Pearson and Senator Kernot. That was part of talk tough! The simple fact is that the Leader the deal for the $1.4 billion National Land of the Opposition cannot be trusted. He has Acquisition Fund: pastoral leases extinguish been silent on native title and Wik and has native title. done nothing constructive to help—— The Leader of the Opposition, who has Mr BEATTIE: I rise to a point of order. been running around the bush saying that his The Premier is deliberately misleading the is a new-look Labor Party, that it has learned House. I wrote to the Prime Minister outlining the lessons of the past, that it is not going to our position on Wik, and the Prime Minister close down a third of Queensland like it was had the decency to reply. going to do when in office and that it is not Mr BORBIDGE: I am glad that the going to close down services in the bush, has Leader of the Opposition raised the issue of betrayed the people of Queensland on the the letter to the Prime Minister, because I wish most fundamental issue confronting them to read something into Hansard. A letter to the today, and that is the security of land tenure. Prime Minister that I have states— The Leader of the Opposition has been "Dear Prime Minister ducking the issue for weeks. He knows what I understand that Mr Peter Beattie, the mood is not just in the bush but also in Leader of the Opposition in Queensland, Labor Party electorates. He knows that people has written to you regarding his preferred have had an absolute gutful of the Aboriginal options for addressing Native Title issues land rights industry in this State and nation. He flowing from the Wik decision of the High knows that the Labor Party promised that Court. pastoral leases would extinguish native title. Labor betrayed that trust. The Leader of the The letter refers to his meeting with Opposition's views on this issue are not only representatives of, inter alia, the rural rejected by the majority of Queenslanders; in a sector. letter to the Prime Minister they have been The United Graziers' Association of rejected by the peak industry groups in this Queensland, the Queensland State. Graingrowers' Association and the Queensland Farmers' Federation yesterday met with Mr Beattie to convey Proposed Bracken Ridge our policy in relation to this issue. Neighbourhood Centre The Associations' unequivocal policy Mr NUTTALL: In directing a question to is that the legislation must be amended to the Minister for Families, Youth and clearly provide that pastoral leases Community Care, I refer to his letter of 29 extinguish Native Title. This policy was November last year to me concerning the clearly put to Mr Beattie. Bracken Ridge neighbourhood centre in which he advised that "there are no departmental The Associations do not support the funds to assist with any relocation or provision position put by Mr Beattie and advised of new premises". I table that letter. I also refer him that we do not believe his proposal to the article in the Bayside Star of 5 March would resolve the problems." this year in which the Minister's director- This letter is from Larry Acton, President of the general, Allan Male, stated that he would look United Graziers Association, Ian Macfarlane, favourably at funding a Liberal Party election the President of the Queensland Graingrowers promise to fund the project, and I ask: how Association, and Lex Buchanan, the President does the Minister justify his director-general's of the Queensland Farmers Federation—the partisan and improper intervention in a political very people the Leader of the Opposition sold campaign on behalf of the Liberal Party? out. He betrayed them to such an extent that Mr LINGARD: There were enough they had to write to the Prime Minister and say funds for 10 new neighbourhood centres when that they rejected the Leader of the I came in as the Minister for Families, Youth Opposition's position. and Community Care. I immediately 18 Mar 1997 Questions Without Notice 491 announced five of those centres for the year, going to get giddy going around Oxley, which used the amount of funding that we because throughout this year there will be had. Certainly I was correct in saying that no endless police inductions. Another 39 recruits more money was available. Those five went in yesterday. They are constantly going neighbourhood centres were announced. The in, and they will constantly be coming out. The member might recall that many of those went numbers are good. to ALP electorates, because that is what was As to the school-based policing recommended. There will be funds in the program—$250,000 was put aside for a pilot coming Budget for extra neighbourhood program for five school-based constables. centres. Clearly, that is what my director- general was referring to. Mr Dollin: How many in Maryborough? Mr COOPER: The member can get behind us if he likes and support the School-Based Policing expansion of the scheme. Ms WARWICK: I direct a question to Mr Nunn: We are. the Minister for Police and Corrective Services. Funding was allocated in the 1996-97 Budget Mr Dollin: We are. for the trialing of school-based policing. I ask: Mr COOPER: Terrific! That is good to can the Minister inform the Parliament of the hear. There should be a bit more support from progress of this crime prevention initiative? members opposite, because all they do is An Opposition member interjected. knock and say how terrible things are. Whenever we undertake progressive initiatives Mr COOPER: I get around all over the such as this, they knock them. place, old son—all over the State. There are plenty of things to do out there. There are five Mr Nunn: Keep your promises; we're school-based constables, and they are proving right behind you. to be a very—— Mr COOPER: I am glad to hear it. Good Mr Barton: No problems anywhere else. on you, Bib and Bub! I welcome that support. Mr COOPER: The member can speak It is terrific. It was good to see the honourable for himself. Ye gods! How the hell can he member up there the other day, too. open his mouth and talk about police As to the program—trials are taking place numbers? Labor's record is a disgrace. Its in five school communities. They are the record is on the record. All we are doing is Redbank State High School at Redbank and going up as far as police numbers are the Kalkadoon State High School and the concerned. Mount Isa State High School in Mount Isa. I Mr Borbidge interjected. have been up there. She is going well, as is the officer at Redbank. There are five Mr COOPER: Labor actually spent constables, and I believe four of them are about $1.5 billion over about two or three females. They are really excelling themselves. Budgets on police, but the numbers went They are really slipping into this program, down by 79. Members opposite are top which is excellent. It is really working well. The managers! We have the numbers coming Smithfield State High School is participating in through. We will have the member spinning the program. Of course, the member for around the Townsville Police Academy, if he Barron River would know that school well wants to come. He reckons it is no good and because it is right in her territory. The Hervey he would like to close it, but he will get an Bay State High School and the Urangan State invitation to come to the induction on 28 April. High School also have the benefit of a school- I hope the member will be there. Will we see based constable. him there? The program is designed to reduce the Mr Barton: I'll be there. incidence of crime and victimisation in Mr COOPER: Good! Having knocked it participating schools. It is also designed to and condemned it, now he is going to come promote positive relationships between police up and eat their biscuits and lamingtons and and members of the school community—the have a cup of tea and sneak around the back parents and citizens, the teachers, the staff, of the tent, as he did last time, and say, "Isn't the whole lot. The Department of Education this terrible." That is exactly what he did last nominated the schools. The police responded time. He denigrated it and knocked it but like a by training up to 20 of these constables, and great buffoon he stood up there before the five were selected to undertake the program in television cameras to make out what a great the initial stages. The program commenced on fella he is. But that is not all. The member is 1 February, and it is working extremely well. 492 Questions Without Notice 18 Mar 1997

Those constables are operational police, so contribute to developing an understanding of every time one goes into one of these the consequences of crime and antisocial schools, that is an extra police officer going behaviour, and it is also aimed at reducing the into that area, plus a car. It is improving and impact of road trauma by promoting road user enhancing in a positive way, a crime responsibility and safety. preventive way, one of those positive initiatives This program is working, and working well. that we are encouraging and are going to It is a pilot program. It will be assessed and continue to encourage. It is great to see these reassessed along the way. Come October this things as they work. The quality and type of year, a decision will be made as to whether to constables going into these jobs is something expand the program. As we are finding out in to be seen. It is excellent and it is really many other areas, people actually want to be encouraging. part of these positive initiatives. We are even Mrs Edmond: We'd love to see some starting to get support from a few members on police in The Gap. the other side of the House, which is Mr COOPER: They do not look anything encouraging. We are deadly serious about like the member. They are 10 times better doing something about crime prevention. We than her! I would not like to go into a school want to attack crime at the front end, not just with her as a school-based constable. It would the back end with more police and more frighten the daylights out of me! prisons, which we are doing, but we want to implement more crime prevention strategies. Still on a positive tack—in consultation This is one instance only of it working well, and with teaching staff and with the school we are going to see a hell of a lot more of it. community, these constables are actually participating in part of the curriculum. They are taking students for various periods throughout Code of Conduct, Department of the week. They are teaching them an Families, Youth and Community Care understanding of legal processes and the Ms BLIGH: I refer the Minister for difference between right and wrong and the Families, Youth and Community Care to his role of police in the community. They are previous answer and direct him to the recently developing students' awareness of the harms released code of conduct for his department, related to the misuse of alcohol and drugs. which states at page 28— Mr Gibbs interjected. "You should be aware that party Mr COOPER: I know that that would not political, professional and trade union interest you, because these things are positive activity, especially by officials who are and they are intelligent—something you are senior enough to be identified by the not. public, can give rise to perceived conflicts Mr SPEAKER: Order! There is too of interest or loyalties. You should ensure much noise in the Chamber. I ask the that you do not make improper use of Honourable the Minister when interjecting your position as a public official in any of across the Chamber to refer to members as these activities." the honourable member for whatever district I ask the Minister: has he taken steps to they represent. discipline his director-general for his blatant Mr COOPER: Thank you, Mr Speaker. breach of the Minister's own department's code of conduct, or is this code utterly Mr Hamill interjected. worthless? Mr SPEAKER: Order! I now warn the Mr LINGARD: One of the positive honourable member for Ipswich under thoughts of this Government is that we will Standing Order 123A for persistent support neighbourhood centres. There are interjecting. some really excellent ones, and Deception Mr COOPER: These education Bay would be a typical example of where we programs are also designed to equip students have a very positive neighbourhood centre with the necessary skills to avoid dangerous concept. Recently the member for Archerfield, and threatening situations. A lot of young Mr Ardill, came to see me about Acacia people need such skills, and it is great to get Ridge's neighbourhood centre, and I have that familiarisation between the police and supported it completely. I would be most young people as well as the community. This disappointed if my director-general went out to is called community policing, and it is see a proposal for a neighbourhood centre community policing at its best. It is going to and did not say that he supported the continue. The education program will also concept, which is exactly what he said. 18 Mar 1997 Questions Without Notice 493

Surgery on Time the Labor Party's planning and he is just Mrs GAMIN: I ask the Minister for running two years behind schedule. Health to highlight the coalition Government's Mr SPEAKER: Order! The Minister is success in reducing Category 1 elective answering a question. surgery waiting times? Mrs EDMOND: He is misleading the Opposition members interjected. House deliberately. It is untruthful; I find it Mr HORAN: I thank the honourable distasteful and I ask for it to be withdrawn. member for her question and commend her Mr SPEAKER: Would the Minister on her continuing interest in health. Obviously, withdraw? the Opposition is just devastated by the Mr HORAN: I am happy to withdraw success that the coalition has had with that. Surgery on Time. First of all, what did we have from—— Mr SPEAKER: Order! Now I ask the honourable member for Mount Coot-tha to Mr Livingstone interjected. withdraw the unparliamentary remark that she Mr HORAN: There was a little made in relation to the Minister when she rose interjection from the member for Ipswich West on a point of order. The honourable member about operating on the waiting lists. Yes, indicated that the Minister was lying. 3,800—— Mrs EDMOND: I withdraw it. Mr Livingstone: Tell us about the Mr SPEAKER: I thank the member. I pensioners. now ask her to resume her seat. Mr HORAN: —if I can get a word in, Mr Mr HORAN: I do withdraw that. I will use Speaker. her exact words. She said, "They were two Mr SPEAKER: The member for Ipswich years behind schedule." Two years ago, which West! Order! was March 1995, what was there? Absolutely Mr HORAN: For the benefit of the nothing! What have we done? We have put honourable member for Ipswich West, I point into place the consultancies and the projects. out that 3,800 extra operations in emergency Under us, things have actually started. A and elective surgery have been undertaken by $34m project is under way at the moment for this Government in the first six months of this all the central energy plants; the demolition of financial year. That is over and above what the major buildings is starting there at the former Government did. moment; the multilevel 1,000 vehicle car park contract has been let and work is Mrs EDMOND: I rise to a point of order. commencing. It is all happening under us. Two Category 1 used to apply only to elective years ago, according to her, absolutely surgery. At the Minister's direction, they are nothing had happened. No wonder she is in now including emergency surgery. the position that she is now in. Mr SPEAKER: Order! There is no point I will get back to the question and to the of order. The member will resume her seat. I proud achievements of the coalition call the Minister. Government. In the first six months of this Mr HORAN: What absolute rubbish that financial year we have undertaken 3,800 more is, just like the rubbish we heard the other day operations in emergency and elective surgery. when we announced a $66m addition to the For the benefit of the honourable member for Royal Brisbane Hospital complex. When we Mount Coot-tha I say that that is, emergency, were over there announcing the earth works, Category 1, Category 2 and Category 3. That which are now under way, and the central is 3,800 more operations—more means energy plant, which is under way—a $34m additional—than the Opposition achieved in project—people asked the honourable the first six months of the financial year 1995- member for Mount Coot-tha for her 96. I know the truth hurts. Look at their little comments. She said that the Labor mate up there from Hervey Bay; he is smiling. Government would have started this two years We will expose a few things about him shortly. ago. How stupid can you get? Two years ago He just cannot take it. The Opposition just was March—— cannot take it—3,800 more operations. I Mrs EDMOND: I rise to a point of order. would hate to see them playing footy. They This Minister is repeating lies. I did not say would walk off halfway through the second half that. I said as a result of their interference it when they were in front on the scoreboard. was running two years behind schedule. He The question specifically referred to the knows that. He used the Labor Party's model, success of the Surgery on Time program. On 494 Questions Without Notice 18 Mar 1997

1 July 1996, at the beginning of this project, Queensland Fire Service? Why was the review there were 49% long waits for Category 1 of the Queensland Ambulance Service elective surgery. Currently that stands at 1.9%. awarded to Ms Staib not open to public The most impressive thing is how that relates tender? Is it not true that Ms Staib had no to the performance of the Labor Government. experience with emergency services prior to In mid 1995 the COAG industry report showed her reviews, her only experience being chief that Queensland was the worst State in executive of the Gold Coast Waterways Australia—this is right in the midst of the reign Authority where she chalked up a debt of of Messrs Elder and Beattie—for waiting times $51.9m in 1989? for Category 1 elective surgery—43% long Mr VEIVERS: Isn't it amazing how waits. What have we got to now? In six short honourable members opposite scrape from months of our Surgery on Time program the the bottom of the barrel when they are asking coalition Government has taken Queensland questions? Ms Staib is a very highly qualified from the worst State in Australia to the best lady and she was asked to do the consultancy State in Australia and confidence is returning for that project at a rate much cheaper than to the Queensland public health system. that offered by other consultants. This I have been quite proud to go around the question was asked in the Estimates hearings State to the 10 hospitals involved in this last year and it was answered. The figures are particular project to present outstanding there for everyone to see. She did a achievement awards because the people who marvellous job at a rate much cheaper, can I have achieved this success have been the say, than that offered by other consultants staff of our hospitals: the waiting list around the place. coordinators, the surgeons, the anaesthetists, the nurses, the support staff and, in particular, An Opposition member: How much nurse educators who have trained the 120- cheaper? odd additional theatre nurses whom we are Mr VEIVERS: Members opposite putting in place in order to attack the Category should have a look at the record. I am not 2 waiting lists. going to answer that off the top of my head. I think that the public of Queensland Go and have a look at the Estimates record. It appreciates the enormous task that is in front was still cheaper than anybody else we could of this coalition Government to attack waiting get to do a good job. She did a very good job. lists. No other Government in Australia, bar the Let me add that the recruitment and selection Labor Government in New South Wales, has processes that were part of the made a promise or had the political courage to implementation of the review were reviewed by stand up and set the targets that we have. the Office of the Public Service, which What happened under Labor in New South concluded that those processes conformed Wales? Its waiting lists doubled and there was with the mandatory principles of the public a $240m budget blow-out. For the first time sector management standard for recruitment. probably in this decade we will achieve Ms Bligh: They would, wouldn't they? balanced health budgets. We will stay within Mr VEIVERS: That is what members our budgets and we will have more in-patient opposite started; those standards were their activity, more elective surgery and more idea. Queenslanders treated. But most importantly, as of today in the 10 major hospitals of Just to make sure that everything was Queensland for the first time Category 1 correct and to protect ourselves, we decided to elective surgery patients can have confidence ensure that the standards had been met. We that they will be treated within 30 days. That is knew this would be coming, this stuff that is their right; that is our responsibility. We have right down in the gutter, but I did not expect it delivered what Opposition members could not to come from the member for Currumbin. I did do. They did not even try; they did not have not expect someone who cannot defend the courage to try. We now move on to themselves to be kicked around in this place, Category 2. but I will defend them. An honourable member: And a Fire Service Review female, too. Mrs ROSE: I ask the Minister for Mr VEIVERS: Yes, and a female to Emergency Services: why was no expression boot. of interest or public tender called for the Just to finish off, let me explain to the $2,000-a-week consultancy given to his Gold rabble across the Chamber what we did so Coast mate Lyn Staib to review the that we would not run into any trouble. I hope 18 Mar 1997 Questions Without Notice 495 the shadow Minister for Emergency Services is primary and secondary schools, and the listening. I cannot understand why he did not QCPCA representing parent bodies across the ask the question. He gave it to a lady to State. Not only that, on Sunday, the executive ask—at least, I thought she was a lady until of the secondary school principals association she asked the question. met to discuss this particular issue. I would like Mr MACKENROTH: I rise to a point of to read out the motion that was passed at that order. I believe that the term which the particular meeting. If Opposition members Minister has used is unparliamentary, and he think that there is not broad community should be asked to withdraw it. support out there, they are mistaken. The motion that was passed stated— Mr SPEAKER: Order! If any member is referred to and personally offended, that "That QSPA unequivocally supports member can ask for the remark to be the concept of Leading Schools and withdrawn. school based management. Mrs ROSE: I rise to a point of order. I do That QSPA endorses the broad take offence at that remark. strategic framework for the implementation for School Based Mr SPEAKER: Order! I accept that Management as outlined by the Minister point of order. But I say to the member for and the Director-General." Chatsworth that he is well aware that a member cannot take a point of order on A number of other motions were passed, the behalf of another member. The member for last of which bears mentioning. It states— Currumbin has asked for a withdrawal, so I ask "Since the launch of Leading the Minister to withdraw. Schools, a great deal more information Mr VEIVERS: As it is the first mistake has been made available to members of that the member for Currumbin has made QSPA. This latest information has, for a towards this Minister, I withdraw. large part, answered most of our An Opposition member: You sook! concerns." Mr VEIVERS: The member says, "You So among secondary school principals across sook!" Mr Mackenroth is sitting over there. I the State there is broad support for this am not going to mention the Labor operative Leading Schools program. who is in there. The QCPCA, representing all parent Let me get back to the Ernst & Young bodies throughout Queensland, is on the situation. So that we would not run into this public record as supporting this particular sort of problem, we decided to make sure initiative. Let me read out the comments of about this. We got an independent decision the president of that association. She said— on it from Ernst & Young—people whom "We have been awaiting the members of the former Government used to Minister's decision on School Based use regularly. But they will not be using them Management for some time now. again for a long while, because they will not be We're pleased the Minister has finally back on this side of the Chamber for a long bitten the bullet and made this important time. This is what they said— change to the education system." "The procedures followed were in So there is also support from the peak parent accordance with the public sector body. management standard for recruitment and selection." In most cases, the misinformation that is being peddled around schools about this issue Two out of two, 100%, clear, beautiful and is coming directly from the Queensland straight up and down. One cannot get better Teachers Union which, not surprisingly, is than that. including it in the campaign for increased teacher wages. It is throwing it all into the Leading Schools Program melting pot, causing confusion, and trying to get the teachers on side in terms of going out Mr TANTI: I ask the Minister for on strike in support of their wage claims. But Education: can he advise the House about the what the union has not been telling teachers is level of support for Education Queensland's that, in order to get their last pay rise under Leading Schools initiative? enterprise bargaining, which was signed off by Mr QUINN: Right from the outset when the Labor Party in Government and the we launched this program there was broad Queensland Teachers Union in 1994-95—two support for it from principals associations, years ago—there was an unequivocal 496 Matters of Public Interest 18 Mar 1997 commitment from both sides to bring in problems so that, when more schools come school-based management. Let me read out on line, they will come into a more settled some pertinent comments from that enterprise model. bargaining agreement, the text of which runs Fairly soon we hope to have available for to several pages. I shall quote just two key public comment a document which canvasses sentences. It states— the roles and responsibilities of school "The parties to this agreement are councils. I believe that document will allow all committed to a program of long-term people interested in this particular initiative to workplace reform which enhances provide some input and feedback into the educational outcomes for students. process before we put on the table the final The movement towards school version of exactly what school councils are, based management will be a long-term, what their roles and responsibilities will be and continuous and incremental process." how they will interact with the principals, who will still have the day-to-day management of So the Queensland Teachers Union, on behalf the schools. I believe that a lot of that will put of its teachers, batted for a 9% pay rise, which to bed many other concerns which are they got under the last EB arrangement on currently being expressed. the grounds that school-based management would be introduced over a period. In common By and large, I believe that this initiative with the Opposition spokesman, they claim has gone down well. We expected that there that it is too short a time frame. They want to would be some queries that we would never slow it down. From the date that this be able to answer in the short term. That was agreement was signed until it is fully the reason for the pilot program. The implemented in the year 2000 will be a five- Queensland Teachers Union is asking year period. How much slower can it get? It is questions of us, and we are endeavouring to a continuous and incremental process along answer all of those questions. Much of the the lines of that started by the previous information is contained in the documentation, Government. However, like many legacies of which people have not read—notably the the previous Government, we are left to finish QTU. However, as I said, it is an exciting the job. Much has been made of some of the initiative for Queensland schools. It is broadly comments about backbenchers. welcomed by all principals, with a proviso that some further information needs to be Mr Elder: What about the provided, and we have given an undertaking backbenchers' kit? to provide that information in the future. Mr QUINN: That is a good point. Let me Mr SPEAKER: Order! The time allotted deal with that as well. for questions has expired. As with all initiatives, not all the information is circulated immediately; it comes MATTERS OF PUBLIC INTEREST in waves. That is what is happening now. Some concerns were expressed by school Queensland Principal Club; Mr P. principals, teachers and members of Gallagher Parliament about what the initiative would Hon. R. J. GIBBS (Bundamba) mean. That information is slowly flowing out. (11.29 a.m.): When Labor came to office in Much was made of some of the alleged 1989, the Queensland racing industry discontent or alleged concerns of members on resembled very much a fiefdom overseen by this side of the House. All of those concerns the Queensland Turf Club, and many of the have now been put to bed. There has been people within the industry were treated much an ongoing and continuous process of talking like serfs. It is true to say that there was a with regional offices, regional staff and master/servant mentality. In fact, those who employees to make sure that they understand know the industry know full well that grown fully what is involved in the process. By and men were denigrated to such a degree that large, most are happy with what has been they had to doff their caps and say "Sir" to the provided to date. so-called gentry of the industry. There will be some sectors in which we One of those people who insisted upon cannot provide the information. That is why these rules was none other than the current the pilot project will start in June/July this year. Chairman of the Queensland Turf Club, Mr That is the reason for the 100-school pilot Peter Gallagher. It is unfortunate that, for the project to come on line. We need that past 12 months when I have been a little quiet additional experience in terms of implementing in this Parliament, Mr Gallagher has chosen to this and working through some of the take advantage of that by peddling some of 18 Mar 1997 Matters of Public Interest 497 the most outrageous lies yet heard within the chairman of the TAB between 1983 and 1985 Queensland racing industry, particularly within he was also a director of Rothwells Bank in the annual report of the Queensland Turf Club Australia. He was later charged with not itself. exercising his responsibilities in a fit and proper Gallagher is one of those persons who manner. He agreed—as I said, in a shocking likes to portray the image of being a self-made conflict of interest—to invest $28m of TAB person. Let us put it on the record in funds in the now-defunct Rothwells Bank. The TAB was very lucky to recover that money Parliament today: he is no self-made man; in before that bank went to the wall. When the fact, he is a person who inherited a financial magistrate dismissed the charges against empire that was built largely on World War II Gallagher, he said that Gallagher did not have black marketeering. He is a person who craves a clue what was going on. He described him and fawns recognition as a so-called as a flag waver and stated that that was his gentleman. In fact, he craves and fawns it so sole position on the board of Rothwells at that badly that, when the National Party was last in time. office, he made a donation of $100,000 to the National Party to buy himself a knighthood. I am angry that, in the last annual report Quite ironically, in our last days in of the Queensland Turf Club for which he was Government, Gallagher came to see me in responsible, Gallagher attempted to paint the relation to a particular matter and went to system that I introduced, the Racing Industry pains to point out that I would be surprised to Management Information System, as a Big learn that he was closer to my side of the Brother style scheme. That scheme, which political arena than he is to the other side. was not my brainchild, was introduced to Those were strange words coming from a man ensure uniformity throughout the State in who made a $100,000 donation to the terms of financial reporting and recording. National Party. That man is the epitome of the Ultimately, that scheme will be used to ensure old saying that one cannot make a silk purse that elements of criminality are kept out of the out of a sow's ear. industry. Today, I state very clearly to Gallagher: one of the reasons that the RIMIS Let us examine his record in depth. While system was introduced into Queensland was he was Chairman, Deputy Chairman or a to ensure that Gallagher and his like will never member of the Queensland Turf Club, under be able to do to the integrity of the his administration a number of fiascos Queensland racing industry what he so occurred in the industry such as the Fine effectively did to Rothwells Bank and its Cotton affair, the caffeine crisis and the investors throughout this country. jockeys dispute. The Queensland Turf Club exhibited a lack of imagination and an inability It is important that I raise other matters to develop suitable facilities for its membership here today. Gallagher wants to make a and the public. Of course, one cannot forget comeback to the chairmanship of the his blatant lie that I, as Minister of the day, Queensland Principal Club. I am glad that the never made Racing Development Fund Minister has remained in the Chamber during money available to that club. He is the first this speech today. I note correspondence that chairman of the Queensland Principal Club to the Minister has sent recently to the Chairman be dismissed from that position by his peers in of the Queensland Principal Club, Mr Bentley, a democratically held ballot. Significantly, that in which he refers to proposed amendments to occurred on April Fools' Day. I gave a grant of the Racing and Betting Act. The letter states— $1.6m seed funding to the Queensland ". . . with a view, among other things, to Principal Club, yet in the first year of his enhancing the autonomy of the regional chairmanship he managed to lose in the associations and enhancing and vicinity of $700,000. He has frustrated improving the QPC generally." attempts to reform the industry to give equity The Minister goes on to say that he notices and equality to all sections of the industry. Of that the people in Toowoomba have held their particular interest to members on the other election to select a new person for the QPC. I side of Parliament should be the fact that, for draw to the Minister's attention statements the first time ever, a say was ensured in the that he made in Parliament in April last year, administration of racing in Queensland for the when he stated— constituencies that the present Minister represents, that is, country racing. "There will be no further metropolitan representation over and above the It is also important to remind people country representation so that country about this man's background. In a shocking racing would be disadvantaged. The conflict of interest, when he was deputy balance will be maintained." 498 Matters of Public Interest 18 Mar 1997

The Minister's voice on the downs, Mr Healy, people such as this who are aberrations, was reported in the newspaper in that area as reminders of the past, and those who support saying that there was no intention to interfere him can rest assured that, from now on, the with the Queensland Principal Club. With his slightest hint of their again trying to use their integrity viewed as it is, the Minister will now positions within the industry to frustrate reform have a problem convincing people within the will be met with opposition on the floor of this industry that he is not working hand in glove Chamber at every available opportunity. with Gallagher to reform the Racing and Members should examine Gallagher's record Betting Act in a way that will change the make- closely. My advice to the Minister is to distance up of the QPC considerably, ensure a smooth himself from that man as far as he can. The ride for Gallagher back to the chairmanship Minister should look to his own back bench and ensure that once again the racing industry and ask people involved in country racing in in Queensland will be controlled by the Queensland what they think of Gallagher. He boardrooms, the golden handshakes and the is a nothing and he is no good. good-old-boy deals with their mates that the members opposite are so keen to get into bed with—all organised by Gallagher and his Road Maintenance cohorts from the Queensland Turf Club. Mr ELLIOTT (Cunningham) I turn now to other disparities in (11.39 a.m.): Today I rise to speak about the Gallagher's report to his members in the needs of the border region, which comprises Queensland Turf Club newsletter, in which he the area from Talwood to Texas and which refers to the TAB distribution under the Goss spans the electorate of my colleague the Labor Government. He states— member for Warwick and my own electorate of Cunningham. Recently, as a result of the "Your Committee trusts that future schemes for the distribution of TAB profits exceptionally heavy rain that that area has to clubs will not, as has recently occurred, experienced over the past few months, the be aimed at disadvantaging the National Highway was unable to be accessed, Queensland Turf Club." particularly by heavy trucks, and the travelling public in general. Fortunately, traffic was able That is another blatant lie. I will place on the to reach the Queensland border. record what that lie is all about. Over the past five years, under the Labor Government, the We need to understand the importance of Queensland Turf Club's share of TAB this gateway area. It is a very important distribution leapt by $2m to its current level of commercial gateway, as it represents the just under $8m per annum. That is about half culmination of the Newell Highway, which then as much again as Queensland's 125 becomes the official highway, the Gore developmental clubs receive in total. In the Highway, and another very important highway circumstances, the Queensland Turf Club's that passes through my electorate and the comments raise the question as to which clubs electorate of my colleague the member for the Queensland Turf Club and Mr Gallagher Warwick, that is, the Cunningham Highway. believe should have done without so that the Mr Pearce: Well named. Queensland Turf Club could receive even Mr ELLIOTT: Yes, well named indeed. more. The answer is: the clubs in country That highway serves a large area of Queensland that the Minister represents. Queensland. These days, all heavy transport In my opinion—and I believe that this uses that route rather than the traditional route needs to be said—this man is nothing more of the New England Highway. Of course, the than a bludging slug on the Queensland reason for that is that the Cunningham racing industry. He is a disgraceful person to Highway is much flatter and drivers from be holding the position that he does in a southern cities such as Sydney, and traditionally great club. particularly Melbourne, as well as other areas Mr Cooper: Would you say that to his to the south west of the continent make fewer face—outside Parliament? gear changes and therefore use a lot less fuel. However, the problems that exist along Mr GIBBS: I have said that to his face; I sections of the highway are starting to have an do not mind saying that. The Minister fawns; effect. I refer particularly to the Murri Murri he sucks up to him, and that is a pathetic sight crossing, where water from a large catchment at the racetrack. flows through the area adjacent to the point at The racing industry in Queensland needs which the Gore Highway meets the Leichhardt flair and imagination. It needs administrators Highway, which is the route to Moonie and who represent the future of the industry, not beyond. 18 Mar 1997 Matters of Public Interest 499

The Gore Highway passes through Highway scheme, and some 8 inches of Millmerran, up to Toowoomba, and on to asphalt has been laid over the top of the Brisbane. Today, many people are using that normal hot mix bitumen surface of the Murri route because, as I have said, it is a long, flat, Murri crossing and on quite a few of the other good road and it is much easier for truck inverts in that area. That will certainly help to drivers to use. During the previous wet season, solve the problem of water flowing over those between 300 and 400 trucks were caught at sections of the highway, causing areas to be the border and were unable to traverse into washed out and the development of holes up Queensland and reach their ultimate to 18 inches deep. It may be all right for local destinations. Many millions of dollars have people who know the road; they can tell by the been spent on putting a levee bank around colour of the water that there is a hole in the the town of Goondiwindi. That has been a highway and they are not presented with any tremendous success. Even in the record great difficulties. However, tourists towing floods that were experienced in recent times, caravans from areas such as Victoria would that levee bank was not breached and look at the water and say, "It is only 8 inches people's businesses and homes were deep, or maybe nearly one foot deep. We will protected. However, from a commercial point have no problem with that." Away they go with of view, one could say that there is no purpose their caravan only to drop into an 18-inch hole, in having that levee bank to protect the which is rather embarrassing for all concerned. business activities of that town if people Usually, the outcome is that they are stuck in cannot access destinations further north. the hole and impede the rest of the traffic until People can drive out of that town in three someone comes along and pulls them out. So ways. One way is via the Gore Highway, the asphalting of that particular section and through Yelarbon and Inglewood and on to other inverts of the highway will certainly help Brisbane. At times some traffic has been to solve the problem. Last week when I was in that area, I had a look at the first stages of the allowed along the old Goondiwindi Road, work. It certainly has led to a big improvement which runs along the river. The road is located in the road. That asphalt will not wash out like south of Yelarbon near the bridge that allows the usual hot mix bitumen, and I think that it is people to travel from New South Wales into a good short-term measure. Queensland. At this stage, some of that road is still dirt. Obviously, a large amount of heavy In areas where national highways meet, transport could not be allowed to use that road certain standards have to be met. Funding because if trucks have to pass each other has been provided to upgrade the standard of along a narrow section of road, they will have the road where the Leichhardt Highway to go off to the side of the road. The next merges with the Gore Highway. That is going thing, the trucks would go clean through the to cost quite a bit of money. I am calling for an road, and we would not have a road at all. acceleration of the timing for that work to take However, during wet weather that road has place. Although that area has been through a provided access. period of drought, it looks as though it will experience increased rainfall over the next few In addition to the problems caused by the years. We really do not want to see the Murri Murri crossing about which I have National Highway cut in the Goondiwindi spoken, we also have problems on the region when it is able to be traversed in all Cunningham Highway caused by the Brigalow other areas. Creek and Wondalli crossings. Those two crossings have created big problems. Heavy The same acceleration of roadworks is transport which has not been able to take the required in regard to the Brigalow Creek and alternative route that I have mentioned may Wondalli crossings on the Cunningham have been able to get through on the Highway. The Waggamba Shire and other Cunningham Highway had it not been for the shires have budgeted for further roadworks. I Brigalow Creek crossing in particular. would like to congratulate my colleague the member for Warwick on attracting funding for The Waggamba Shire has done a work to be carried out on what is known as the tremendous amount of work on those two Yelarbon-Texas Road. That work will be a crossings. They have spent a large amount of tremendous asset to the whole district money on patching and repairing the road to because not only are cattle brought to the allow heavy transport to have access, even feedlot at Texas but also much of the grain where there was still water running over the that is used at the feedlot is transported along road from Brigalow Creek in particular. The that particular road. It is a very dusty road. It Waggamba Shire has received funding from has a very fine bulldust surface—very fine the Federal Government under the National sandy soil. The council experiences major 500 Matters of Public Interest 18 Mar 1997 problems in keeping those roads maintained. The issues and the problems of the police They tend to get big potholes in them that fill in this region are clear and most relate to the up with bulldust. The drivers cannot see the lack of adequate police housing in the major holes and they run into them, causing townships. Much of the available police damage to their vehicles. The dust has also accommodation is of a very poor and created problems for the transportation of unsatisfactory standard. Part of the problem is cattle in B-doubles, road trains and suchlike. It that private rental properties are very is not good for cattle to be transported on expensive. In some townships it costs roads in such poor condition. We are certainly between $160 and $180 per week to rent a looking forward to seeing the completion of house. It rather surprised me that in towns that work. such as Charleville there would be such a high level of rent, but that is the commercial rate As well, the Waggamba Shire has saved that is asked. Therefore, it is proving to be money on its most recent roadworks on the impossible for the Police Service to attract Talwood-Mungindi section of the road. I would police officers to towns in western like to thank the Minister for Transport who, Queensland. through his department, has been able to ensure that some of those funds that were Numerous problems result from the saved were used for roadworks on the road to shortage of police in these towns which affect Yelarbon. the community and the police officers themselves who, I stress, are doing a sterling job in the most difficult circumstances. Police Police Services, Southern and Central- Minister Russell Cooper is aware of these western Queensland problems. He visited many of these towns the week before we did. We found that intriguing, Mr BARTON (Waterford) (11.49 a.m.): I as I had shown him the courtesy of advising want to talk about police services in southern him of our itinerary and seeking cooperation and central-western Queensland which are from the Police Service. However, the week currently in crisis. In this area, police numbers before our tour he ran around the region in are inadequately low. The few police officers front of us. We know from our discussions with who work in those areas are very inadequately police officers that they made him well aware resourced and are incapable of doing the very of the problems. difficult job that we require of them. In this region, crime levels are rising significantly and Mr Bredhauer interjected. morale is very low among the police officers Mr BARTON: I could possibly do that in working in the major towns. Statistics available the electorate of Cook later on this year. It is to us indicate this. However, between 24 and time that Police Minister Cooper addressed 28 February, my colleagues Don Livingstone the problems in southern and central-western and Darryl Briskey and I visited this region. Queensland. However, the police officers are That visit not only confirmed that the statistics not holding their breath waiting for something were correct but also demonstrated that, in to happen, and neither am I. Mr Cooper has fact, the situation is far worse than we believed been the Police Minister for over one year—a it would be. year in which the position in western Queensland has not improved but has, in fact, Of the centres that we visited, Charleville deteriorated. is by far in the worst position, although all major centres that we visited had similar I stress the issues of Charleville, because problems. The smaller towns are typically in a it has by far the worst problems, although the reasonable position as they have their full same underlying cause results in similar quota of police, primarily because they have problems in Longreach, Roma and Emerald. appropriate and adequate housing provided Police housing is the principal problem. Police by the police department. officers are not applying for positions in those centres because police housing is simply not The major centres that we visited were available for lower ranks or non-specialist Roma, Charleville, Barcaldine, Longreach, positions. When one looks at the police Emerald and Blackwater. We also spoke to barracks, the best way to describe them would the police in many of the smaller towns such be Third World. Available police housing is of as Augathella, Tambo, Jericho and Alpha. We an obviously lower standard than that for other actually missed meeting the police officers of Government departments in the same towns. some of the smaller towns because, being Again, high rentals are a part of the problem. single-officer stations, the police officers were While housing purchase prices are low, it is not elsewhere attending to their duties. unusual for houses that are for sale to remain 18 Mar 1997 Matters of Public Interest 501 on the market for a number of years. This, of Mr BARTON: Yes, and the Minister course, is an impossible situation for police went home believing that all was well. I who have been transferred for a period, suggest that the Minister take another trip to because they do not know whether they will be Charleville when there are not an additional 15 able to sell the house when they leave, temporary police stationed there. returning home or possibly seeking transfers Another of the Minister's purlers was for promotional purposes. delivered in Roma, his old electorate, near his Charleville has by far the worst housing rural property. He promised that a new police and cannot attract police applicants. Seven station would be built. I question this, because operational police are trying to cover a 24-hour the Minister has promised that the Roma operation—an impossible task. The model police station will be No. 4 on the police priority number for Charleville is 21 and the approved list for capital works and that it will be built in number is 18. Out of a total of 10 police in the immediate future. However, that project Charleville, seven are operational and are was allocated funding in Labor's 1995-96 trying to run a 24-hour shift. The police are Budget, but the coalition cancelled it. The working dangerous single-officer, late-night allocation for the station did not reappear in patrols. Of course, honourable members will the Budget for 1996-97. How hollow are the recall that Police Minister Cooper promised Minister's promises to the public and the police that such a situation would no longer exist officers of Roma that they will get a new police following the election of a coalition station? The Minister also promised police in Government. At times, the single officer on other western centres that he would look into night shift is called out to a job and has to their housing problems. leave prisoners in the watch-house totally I say to the Parliament that the police unattended. Inevitably, there will be an escape officers are extremely cynical. Virtually every or, even worse, a death because of following police officer to whom I spoke does not this practice for necessary reasons. genuinely believe that action will result from No four-wheel-drive vehicle is provided to the fact that the Minister was there, by the police in Charleville. Charleville has many coincidence, the week before the visit by my rough roads and station properties. During the colleagues and me and promised that he recent flooding, the police officers were forced would look into the situation. They are already to borrow four-wheel drives from other using terms such as "the mirror Minister". Government departments. They simply cannot Charleville is not the only centre that is perform their tasks without a four-wheel-drive down a significant number of police. Charleville vehicle. is down between 8 and 11 officers, depending The police barracks in Charleville is the on whether one looks at the model figure or dilapidated ex-sergeant's house next to the the authorised figure. I repeat, seven watch-house, shared by three policemen and operational police are trying to cover a 24-hour one policewoman who use the common roster. Roma is down eight police, Emerald is facilities. One of the policemen does not even down two and Longreach is down three. Crime have his own room. The police station itself is levels are similarly increasing in all of those subject to flooding and desperately needs towns. Crime levels in Roma are up 17% replacement. against the person and 7% against property, It is little wonder that in these in Longreach crime levels against the person circumstances crime in Charleville is increasing are up 4% and in the central region itself they at a rapid rate. For 1995-96, crimes against are up 32%. the person were up 85%, coming off a fall of Police/population ratios are some of the 33% for the previous financial year when worst in the State and the nation. The average Labor was in office. Crime against property in in Queensland is 1 to 525. However, in the Charleville is up 31%, again coming off a fall of central region, which includes Longreach and 35% in the previous year. What was the Emerald, the ratio is 1 to a staggering 611 and Minister's reaction when he visited Charleville in the southern region, which includes and 15 additional police from the coast were Charleville and Roma, it is 1 to a staggering temporarily stationed in the town on flood relief 663. duties? I am advised by the police that he Time expired. said, "Isn't it nice to see all the blue uniforms?" However, the problem is that the floods went down and the additional police left town. Coalition Government Achievements Mr Bredhauer: They had to get out of Mr TANTI (Mundingburra) (11.59 a.m.): I town. wish to make every member in the Chamber 502 Matters of Public Interest 18 Mar 1997 fully aware of the Government's achievements Criminal Justice Committee which had been in its first year of office. Mr Barry Galton, of the abolished by Labor. Premier's Department, has provided me with a During 1996 the Premier made 76 trips detailed list of over 1,000 achievements, which within Queensland. He made 14 trips I will ram home to the Opposition and media. interstate and five overseas. He dismantled These achievements will be recorded by the the Office of the Cabinet and the Public Sector Hansard reporters for all to read. The list Management Commission. He created the covers all portfolios. Office of the Public Service and the new Office Firstly, I will detail some preliminary notes. of Indigenous Affairs. He divided Labor's This Government has implemented 70% of amalgamated super departments to provide the policies it took to the people of efficiencies and better management. Queensland at the July 1995 election. Eighty- Incentives were provided for public servants to two items of legislation have been passed by serve in rural and remote areas. There was a the Parliament, with another 13 having been five-year program to enhance Public Service introduced and awaiting resumption and housing in major provincial cities and rural completion of their remaining stages this year. Queensland. This compares favourably with Labor's record The coalition Government provided an of 58 Bills passed by the Parliament during Independent member and a former Premier 1995. The coalition achieved this outcome with offices. The operations of the Department despite not having a majority, whereas in 1995 of Premier and Cabinet, in partnership with the Labor had a substantial majority. Department of Economic Development and Trade, were extended to regional The Government's difficulties are centres—Townsville, Mackay, Cairns, exemplified by the fact that in 1996, because Rockhampton and Gladstone—at a cost so far of the lack of a clear majority, there was a of $2.8m for 1996-97. large increase in the number of divisions as compared with the number in 1995—117 Mark Stoneman, member for Burdekin, compared with 68. As to the number of sitting was appointed as the Parliamentary Secretary days in 1996—over only 10 months there were to the Premier in north Queensland. State 47 sitting days compared with Labor's record Cabinet meetings were held in rural and in 1995 of 45 days. The total number of sitting regional areas of Queensland—Cooktown, St days in 1996 did not include an extra seven George, Charters Towers, Winton, Bundaberg, days of Estimates hearings. The total number Cairns and Townsville—to provide access to of sitting hours in 1996 was 497 hours 11 Cabinet for people in those areas. The minutes compared with 339 hours 25 minutes coalition Government supported the under Labor in 1995. In 1996 there were 11 elimination of duplication between State and hours of Private Members' Statements, a Federal Governments. There have been privilege for members which did not previously ongoing negotiations over the Federal Native exist. Title Act in search of a commonsense resolution. The coalition Government strongly Cabinet met 52 times, with 45 meetings in supported the resolution of the issue of Brisbane and seven in country centres— whether or not pastoral leases extinguish Cooktown, St George, Winton, Bundaberg, native title. Cairns, Charters Towers and Townsville. This This Government has committed compares favourably with the Goss Queensland to the national gun laws in the Government's 41 meetings, 36 in Brisbane wake of the Port Arthur massacre. The and five in regional areas—Townsville, Gold Government established a task force to Coast, Proserpine, Maryborough and assess the implications of the Wik decision to Woodridge. There were 1,041 Cabinet provide practical and legal options for decisions by the Borbidge/Sheldon discussions with industry leaders. It created a Government as compared with 827 under new Bureau of Ethnic Affairs within the Labor in the previous year. Department of Premier and Cabinet with In 1996, democratic processes were alive funding of $2.5m. The Government and well, with the Opposition able to ask 50% established Queensland's first Forum on more questions than were able to be asked by Community Relations to create better the coalition Opposition in Labor's final year in understanding and interaction between office, 1995. On the score of accountability different ethnic groups. and commitment to the Fitzgerald process, it Provision has been made for both the should also be noted that the Borbidge Government and the Opposition to have an Government brought back the Parliamentary equal number of representatives on 18 Mar 1997 Matters of Public Interest 503 parliamentary committees. All statutory Openings and announcements made by committees are now allowed to call for the Premier include the following: the Qantas persons, documents and things. This ability Museum at Longreach; the Historical and previously applied only to the Public Accounts Cultural Centre at Monto; the $350m Earl Hill Committee and the Public Works Committee. residential and resort project near Cairns; the The Electoral Act was amended to provide North Queensland Sporting Hall of Fame; the fairness in appointments to the Electoral $65m South Bank Hotel, Brisbane; an $18m Commission. manufacturing plant at Brendale; the $8m Parliamentary sitting hours were University of Central Queensland Gladstone regularised so that State Parliament sits from campus development; the Centre for Korean 9.30 a.m. and usually rises at 7.30 p.m., Studies at Griffith University; the $1.5m except in special cases. A full hour of question Gladstone seafood factory; a new North time now occurs each day between America office in Los Angeles; the first hotel 10.30 a.m. and 11.30 a.m. The hour between on the Gold Coast in four years, the 6 p.m. and 7 p.m. is now set aside for private Watermark; the new Queensland Government members' motions. Trade Office in Shanghai; an $11.5m The Government donated $100,000 to expansion of the Townsville Breakwater the Port Arthur Victims Appeal. The sister Entertainment Centre; the Tower of Terror at State relationship between Queensland and Dreamworld; Carpentaria Shire Council offices the Shanghai Province has been reaffirmed. in Normanton, plus child-care centres at The Government has participated in a new Karumba and Normanton; the Fraser Island heads of agreement for the $500m Townsville Fishing Classic; a grant for a new crime Korea Zinc project. The Premier fought prevention study at Bond University; a grant of successfully for more Federal Government aid $300,000 for a Gulf of Carpentaria regional for drought relief. development plan; and the Reading Cinema Complex at Thuringowa. The Government provided a grant of $100,000 to allow the Ethnic Community With the Treasurer, the Premier Council of Queensland to employ an executive announced the following: a second $260m director and upgrade its capacity to represent expansion of coal export facilities at Dalrymple the interests of ethnic communities. The Bay, near Mackay; the $220m south-west Government increased the Bureau of Ethnic Queensland gas pipeline; the expansion of Affairs grants program from $80,000 to Byfield National Park; the new 1997 State $140,000. It allocated an additional $500,000 tourism campaign; the decision of Western to fund more teachers for migrant students Mining to develop a $650m fertiliser project in learning English in State schools. The the State's north west minerals province, Government provided $125,000 in 1996-97, Phosphate Hill; and the commitment of the rising to $225,000 in 1997-98, for initiatives Ford Motor Company, the Queensland Metals which capitalise on the business opportunities Corporation, Normandy Mining and others to a created through the State's cultural diversity. $73m magnesium pilot plant at Gladstone, The coalition Government's major leading to a $700m/90,000 tonnes a year parliamentary reforms are as follows: the magnesium metal industry in the State. The Opposition was provided with improved pilot project, to come into production in late facilities and resources; more speaking 1998, will provide about 70 jobs in construction opportunities were provided for backbenchers; and 50 in operation, expanding rapidly to more funding resources were provided to 1,000 construction jobs and 400 operational Opposition spokespersons—a special staff from early next century, with up to 1,000 allowance of $5,887 is now paid to assist them extra jobs generated in manufacturing in their duties; and the Government adopted industries for downstream processing. EARC's recommendation to provide a second The Premier helped to broker the deal for electorate office and officer to members the giant US-based international company whose electorates cover 100,000 square Silicon Graphics to develop a training centre in kilometres or more. south-east Queensland. The Premier attended The Government introduced legislation to the Asian Summit in Indonesia, meeting with reform parliamentary committees. It recreated the leaders of Indonesia, the People's the Parliamentary Criminal Justice Committee Republic of China, Canada and the to oversee the activities of the Criminal Justice Netherlands. He also extended the sister-State Commission. The Legal and Constitutional relationship with Central Java. The list goes Review Committee's main priority is to oversee on. the consolidation of the State Constitution into Time expired. one Act of Parliament. 504 Matters of Public Interest 18 Mar 1997

Enterprise Bargaining Between experiencing difficulty in attracting high quality Teachers and Government high school graduates into pre-service training Mr BREDHAUER (Cook) (12.09 p.m.): courses for a number of years. This has been Yesterday was a sad day for Queensland with recognised by the Government through the the announcement by the Queensland establishment of its scholarship program for Teachers Union that its members had voted pre-service education where 60 scholarships overwhelmingly to stop work for one day on were offered this year, particularly in areas Tuesday, 25 March. The announcement such as maths and science. The scholarships marks a low ebb in the relationship between were introduced because teaching shortages this Government and the Queensland are already evident in some specialist areas Teachers Union as the Minister has sought and in some regional areas of Queensland continually over the last 12 months to exclude, which are difficult to staff. Projections are that to provoke or to bully teachers in Queensland over the coming decade these teacher into submission on a range of important policy shortages could be substantially exacerbated, and industrial issues in education. and the Government must act now to ensure that the potential for these shortages does not The State Opposition understands and impact on future students in Queensland respects the right of all Queensland workers to schools. take industrial action to achieve goals when Offering teachers reasonable they are so frustrated in their attempts to remuneration, particularly by comparison with negotiate reasonable outcomes for workers on their interstate colleagues, is one important issues such as enterprise bargaining. The way of raising the status of the profession and responsibility for this proposed stoppage falls attracting teachers either from interstate or directly at the feet of the Borbidge back into the teaching profession. This will be Government and, in particular, the Minister for an important mechanism in staving off teacher Education. The Minister's failure to ensure that shortages. Another major area of concern is his department has come to the negotiating table with teachers in good faith throughout the relativities between different professions the enterprise bargaining process and his and their salaries. Many high school graduates failure to recognise the significant educational choose to study in other professions because issues which surround the arguments by the the salaries are considerably higher. When I QTU for a pay rise have led teachers to a point started teaching in the 1970s and 1980s, of such frustration that 85% of people Queensland teachers were the lowest paid participating in mass meetings over the last teachers in the country. Many of us remember fortnight have taken the extraordinary step of well the days when Queensland teachers, voting to stop work. I say this is an under former National Party and coalition extraordinary step because my association Governments, suffered this low pay status. Labor was able to address this deplorable with the Queensland Teachers Union dates situation during its six years in office. back over the last 20 years and during that time I know how reluctant teachers have been Mr Mitchell interjected. to use this measure of last recourse in their Mr BREDHAUER: The member for campaigns to improve education and Charters Towers should listen. In 1990 we conditions for QTU members in this State. It is raised teachers' salaries to comparable indeed unfortunate that the Minister has national levels and increased teachers' forced teachers in Queensland to the brink of salaries again in late 1994 when the last a serious industrial dispute. But it is not too enterprise bargaining agreement was signed. late for the Minister to act to prevent the That agreement between the QTU and the industrial action, to prevent inconvenience to Government expired on 1 March this year. It is parents and families through disruption to a sad reflection on this Government and the schools and to actually demonstrate that he Education Minister in particular that they have has a commitment to recognising the not been able to sit down and come to an professional integrity of Queensland teachers agreement with Queensland teachers. In and the contribution that teachers make to an particular, it appears that this Minister is happy effective and efficient educational service to tolerate a situation in which teachers in delivery in Queensland. Queensland are once again relegated to This is not just about teachers' salary being among the lowest paid in the country. levels. In Queensland there is an emerging After failing to come to an agreement trend towards shortages of teachers. The over appropriate salary increases, the Minister average age of Queensland teachers is over has sought to foster support for his flagging 44 years and the profession has been Leading Schools initiative by insisting that 18 Mar 1997 Matters of Public Interest 505 teachers accept the Leading Schools Program Borbidge Government and we can thank the prior to receiving any wage increases through Education Minister. If there is going to be enterprise bargaining. Given that he did not inconvenience to parents and families next bother to consult with teachers prior to week, then we can thank the Borbidge introducing Leading Schools and the proposal Government and we can thank the Education being made public, it is no wonder that this Minister. If there is going to be an ongoing move has backfired on the Minister and made campaign, there is no-one else to blame but the resolve of teachers in respect of both the Borbidge Government and the Education enterprise bargaining and Leading Schools Minister. considerably firmer. Only under Labor were teachers in The Minister has also created further Queensland able to enjoy comparable salary division within schools by offering to pay relativities with their interstate counterparts. principals of the Leading Schools Program an Yet this Minister is prepared to preside over a additional 5% salary increase on top of any system which will see those relativities negotiated enterprise bargaining agreement. continue to decline over the coming years. This is another crude attempt by the Minister Only Labor recognises that proper to buy support for Leading Schools that has remuneration for teachers is part of a range of created tension between the principals of mechanisms which can maintain the high "Leading Schools" and those in other schools quality of Queensland's education services but more particularly between the principals of and particularly prevent the likelihood of schools and their staff. After his answer to the teacher shortages occurring in the future. question this morning about Leading Schools, The Australian Labor Party in Government I appeal to the Minister to visit a few of the would seek to negotiate with the Queensland schools and to listen to what they are saying Teachers Union for an appropriate enterprise about the proposal out there in the schools, bargaining agreement which reflects our not just amongst the teachers but amongst commitment to wage and salary justice for the parents. Queensland workers, particularly for By offering the additional 5% pay increase Queensland teachers, by taking into account to principals, in many schools the Minister has comparable salary relativities. The Opposition set principals against their staff. There is now makes a final plea to the Minister to recognise an air of mistrust in those schools that the the frustration which is evidenced by teachers principals are pushing for the establishment of resorting to industrial action in their campaign Leading Schools so that they can get the to achieve wage justice. We respect the extra 5% pay increase and that everybody industrial rights of teachers, but this is a else in the schools—the deputy principals, the dispute which this Minister has it within his other administrators and the other teachers, capabilities to prevent. It is not too late for the who are going to have to share the burden of Minister and the department to negotiate a the extra work—is going to get nothing. There reasonable outcome in wages for teachers is a lot of anxiety and a lot of animosity out and to prevent next week's stoppage. there towards the Minister over that tactic. It is The Opposition calls upon the Minister to not surprising therefore that teachers have re-enter negotiations with the Queensland voted overwhelmingly to reject this latest offer Teachers Union in good faith and to avert the from the Government. Teachers are angry that disruption to classrooms, students and families their administrative workload has grown in that looks likely to occur next Tuesday recent years and would escalate dramatically because of yet another failure by this Minister under the Leading Schools Program while the and the Borbidge Government to live up to Minister is not prepared to provide them with a their responsibilities to the Queensland decent pay rise. education system. The Opposition condemns the Government for its failure to reach a reasonable settlement in its negotiations with Endeavour Foundation the Queensland Teachers Union and Mr STEPHAN (Gympie) (12.20 p.m.): I particularly notes that this failure will be the take this opportunity to highlight the concept cause of industrial action by teachers next of a Queensland special needs rural training Tuesday. The responsibility for next week's college. We all recognise that the Endeavour planned stoppage rests squarely with the Foundation is foremost in service delivery to Borbidge Government and the Education the disadvantaged. We are well aware of the Minister. If there is going to be disruption to substantial contribution made by the schools next week, then we can thank the Endeavour Foundation throughout 506 Matters of Public Interest 18 Mar 1997

Queensland to the welfare of people with age. The concept would eliminate current intellectual disabilities. discontent from families faced with students It is acknowledged that the foundation is who have to cease attending special schools all but self-sufficient, with only 25% of a $50m at 18 years with an intellectual ability equating plus annual budget emanating from combined to that of a 12-year-old child. Those students Government funding. It highlights this feasible are certainly not sufficiently mature to enter concept. It obviously represents an opportunity the work force. The concept would provide an for Governments and the Endeavour additional choice currently unavailable to Foundation to combine forces to facilitate a everyone in the general community. new and unique service which would There is an opportunity to provide the unquestionably put Queensland light years project on the site at Gympie and the people ahead in providing options to meet the needs have the will to support it. I certainly commend of people with intellectual disabilities. The those people who are involved in the project. concept is in fact very feasible. Gympie is an ideal site for such a project, not I will give members an idea of some of just because it is in my electorate but because the activities that are taking place at present of the many other facilities there at present. with the Endeavour Foundation. I will indicate Spring Valley is a very efficient training centre to the House the number of services provided. and workplace for men and women with In adult training support services, it is 46; intellectual disabilities. It is now in its 21st year supported business services, 24; business of operation. Clearview has a substantial services farms, 8; open employment support permaculture project in place and presents as and children's accommodation, 18; adult an ideal associated training facility. accommodation—residential, 78; respite The Gympie district supports the following accommodation and adult accommodation agricultural industries in a commercially viable support, 32; in-home respite support and form: beef, horticulture, tree crops, timber, support teams, 18. The total services provided dairying, commercial fishing and aquaculture. number 225. By comparison, in 1995 the When one looks at these industries, one number was 199; in 1994, 187; and in 1993, obtains a very good indication of what people 184. with disabilities could be doing. A two-year It is worth while examining the number of course with a third year option would be a people supported through the adult training feasible proposition. Qualification and service. A large number of people are competency rating certification could be supported through the programs, which included. The Endeavour Foundation has the include adult training support services, expertise and the drive to assemble and supported business services and farms, open manage an outstanding service. The project employment support, children's would be unique in Australia, if not the world. accommodation, adult accommodation— The concept has the potential to expand into residential, adult accommodation—support other courses in the mid and long term. and in-home respite support. Those people As I have pointed out, the project would are being supported and looked after very be a practical and formidable proposition. The well. A total of 214 people are taking project would complement other services that advantage of the adult accommodation are available in the area at the moment. A support program. A total number of 3,909 number of accommodation facilities already volunteers provide their services throughout exist, such as Sullivan House, Bishop Lodge the community. and Herbert Lodge. That accommodation I have given an indication of the support could also be expanded from time to time as that is available at present. The concept of the necessary. The farms themselves present the Queensland special needs rural training possibility of export opportunities. In fact, college includes the provision of a facility in the export opportunities are already being utilised. form of a boarding college focused on rural These export opportunities are in the area of training outcomes. The college itself would be farming, particularly of tomatoes. It is doing situated at Spring Valley Farm, Gympie, which very well because it is managed very well. With has been in existence for 21 years. The the use of hydroponics, for example, farmers college would accept students with intellectual do not need to use as much fertiliser or water disability leaving special schools at 18 years, as they do in the field. These are practical and there would be some places for mature aspects that should be considered. age students. In special cases consideration One of the other positive highlights of the would be given to those people having Endeavour Foundation in its annual report was difficulty at a special school from 16 years of the achievement of over 150 new service 18 Mar 1997 Criminal Law Amendment Bill 507 places Statewide. There are a significant want to see a return to the corruption which number of people on the waiting list for had Queensland by the throat during the days services. There was a 128% increase in the of the previous National Party Government. number of people accessing open The Bill entrenches court delays by removing employment through full or part-time an accused person's right to apply to the court employment or work experience. The Darling to be brought on for trial and introducing a Downs branch commenced the foundation's provision allowing prosecutors six months to first competitive employment and training present an indictment after committal. The service. Another innovative area that the coalition Government's failure to honour its foundation has taken on is Queensland election promise of appointing five extra Macadamia Fantasy, a commercial fundraising judges—with only two appointed to date—has project selling and promoting macadamia nut led to lengthy court delays, with recent criticism products. It is situated on the Bruce Highway from Supreme Court Justice Demack that the at Gympie. The Peanut Wagon is another administration of criminal justice is falling into project that must be highlighted also. chaos, with lengthy trial delays threatening Time expired. public confidence in the administration of justice.

CRIMINAL LAW AMENDMENT BILL The Bill does contain a number of positive reforms based on Labor's 1995 Criminal Code, Second Reading such as computer hacking laws, better pre-trial Resumed from 4 December 1996 (see procedures and reform of outdated evidence p. 4876). laws discriminating against victims of sexual Hon. M. J. FOLEY (Yeronga) offences. These have been unnecessarily (12.29 p.m.): This Bill is a piecemeal attempt delayed. Queenslanders could have had the at law reform. It continues the language and benefit of these reforms since mid 1996, when legal framework of the 19th century as our Labor's Criminal Code was due to come into community faces up to the challenges of the operation. The Bill contains no response to 21st century. It is a pale shadow of Labor's community concern over the need for 1995 Criminal Code, which was a interpreters for defendants, witnesses or comprehensive reformulation of our criminal victims of crime in criminal proceedings. Labor law in plain English. will move amendments to address these and other issues when the clauses come to be The Bill is crafted to avoid the tough debated. issues of prostitution, police powers, summary offences and laws affecting victims of crime. Let us look at the context in which this Bill The Bill contains little or no response to the comes to be debated before this Parliament. I concerns of women in the criminal justice table for the benefit of the House a letter system, in particular their concerns about rape dated 4 March 1997 from the Queensland laws and domestic violence laws. The Bill does Law Society to the Honourable Denver follow the lead of Labor's 1995 Criminal Code Beanland, Attorney-General and Minister for in allowing increased penalties but contains a Justice. That letter sets out the serious very odd set of priorities. Its passage would concerns of the Queensland Law Society in result in a situation in which the maximum relation to the lack of effective consultation in penalty for bribing a Cabinet Minister—seven the preparation of this legislation. What a stark years' imprisonment—is exactly the same as contrast there has been between the detailed, that for a juvenile found guilty of obscene careful consultation engaged in by Labor in graffiti. This softness on corruption laws is to Government and the approach adopted by be expected from the Government which this Government. But let me turn to the words nobbled the Carruthers inquiry and has tried to used by the Law Society in its letter to the cripple the Criminal Justice Commission. The Attorney. It stated— Opposition will move an amendment to "It is a matter of concern to the increase the penalty for bribing a Cabinet Council that the consultative process Minister from seven to 14 years' imprisonment created and followed as a result of the to bring it into line with the tough anti- Fitzgerald Report seem to have corruption measures in Labor's 1995 Criminal diminished in their effectiveness in more Code. I challenge the Government to support recent times. The Fitzgerald Report the amendment. identified reform of the criminal justice This is an acid test for the Borbidge system as an area requiring special care Government. It can no longer continue to be and safeguards and the need for an soft on corruption laws. Queenslanders do not effective and balanced consultative 508 Criminal Law Amendment Bill 18 Mar 1997

procedure in the development of would have thought that the message would legislation to be brought before have seeped through, namely, that if one is Parliament. The Fitzgerald Report serious about attacking the causes of crime stressed at a number of places that one has to address issues of unemployment, 'criminal justice law reform activities particularly youth unemployment. Instead, the should, so far as is possible, be removed policy on which this legislation is based—just from the party political process and the as the Government's approach in the juvenile bureaucrats who participate and should justice area is based—is a policy of increasing be distanced from any bias towards a penalties without attacking the causes of crime particular point of view.' Commissioner and, in particular, without attacking issues of Fitzgerald identified the need for unemployment and poverty which give rise to consultation specifically with legal the crime which is a matter of such concern in professional bodies and the need to our community. ensure that bureaucrats do not 'filter Queensland experienced sharp increases information and argument when advising in crime in 1995-96 after significant across-the- Ministers' or Parliament." board falls in 1994-95. The Statewide average What that represents is an expression of rise for crimes against the person was 16%. All concern from the body which represents the but one Queensland police district—Ipswich— solicitors of this State. It is a shocking experienced a rise, ranging from 4% in Logan indictment on the Government that there to 85% in Charleville. By comparison, in 1994- should be an expression of such concern. 95, crime dropped in 18 out of the 27 police After all, it has taken the Government many districts. Property crime experienced a similar months to put this legislation before the surge in 1995-96 with a Statewide increase of Parliament. One would have thought that it 9% after a fall of 3% in the previous year and had ample time to ensure effective drops in only four of the 27 police districts, consultation. But honourable members may namely, Wynnum, Ipswich, Dalby and peruse that letter from the Law Society and Longreach. Increases ranged from 1% in see there the expression of serious concern South Brisbane to 39% in Gladstone. In the about a number of matters in the Bill, previous year, property crime decreased or particularly concern about the lack of effective stayed the same in 19 of the 27 police consultation with the Law Society and, indeed, districts. the insertion of a number of fresh matters Against that background, one needs to following the report of the advisory working examine whether the Government has put in group chaired by Mr Peter Connolly, QC. place adequate resources to address the But it is not only a case of the problem. Let us consider, for example, the consultation processes being somewhat coalition promise of a further 139 police flawed. There is a deeper problem. The officers in the 1996-97 year. With only a few deeper problem is that nowhere in the short months left in that financial year, there approach of the Government do we see any are still only 30 to 40 more police in attempt at a systematic attack on the causes Queensland than there were when Labor left of crime, particularly unemployment and office, that is, the coalition Government is poverty. Quite the contrary. We have seen about 100 short on its promise to deliver police repeated cuts to job and training programs on numbers. It is passing strange that the the part of the Government. Instead of coalition should seek to hold itself out as being providing job and training opportunities for concerned about issues of law and justice disadvantaged Queenslanders—for young while failing to provide the basic resources that unemployed—we have seen the State it itself has promised in the area of police coalition abolishing training and employment services. programs worth some $13m with, for example, Let us look also at the provision in respect the public sector trainee subsidy slashed by of the court system. Only a short time ago, the $2.35m; the Job Training and Placement Supreme Court heard an expression of very Program cut by $2.4m; the Local Employment great concern from Supreme Court Justice and Enterprise Facilitation Program cut by over Demack in Rockhampton. He expressed $1m; and the Youth Employment Service cut concern that the administration of criminal by over $5m. justice was descending into chaos because of At a time when much is said about lengthy trial delays, which tended to threaten juvenile crime, and at a time after this public confidence in the administration of Government had brought to the Parliament its justice. This is not some partisan group which amendments to the Juvenile Justice Act, one is saying this; this is the honourable Justice 18 Mar 1997 Criminal Law Amendment Bill 509

Demack of the Supreme Court of Queensland this Parliament any comprehensive attempt at expressing his concern in a very strenuous reforming our criminal law and the criminal way that action should be taken. It is all the justice system. We have seen repeated more disturbing because the coalition was attacks from the Attorney-General and the elected on a promise of five extra judges. We Premier on the Criminal Justice Commission. have seen the appointment of two judges to We have seen a budget cut of some $2m to the District Court but no extra judges to the the Criminal Justice Commission. Even when Supreme Court. The coalition has simply not the Government was presented with the delivered on its promise to appoint five extra evidence that that would tend to prejudice an judges. That situation, no doubt, is driving it to inquiry into police corruption, the Attorney- the amendment that allows for the abolition of General sought to pass off those warnings as an accused person's right to bring on an mere advocacy on the part of the Criminal application to be brought to trial and replaces Justice Commission for an enhanced budget. it with a period of six months for a prosecutor The Government has been driven by the to present an indictment after a person has weight of evidence to find that money to already been committed for trial. enable the Criminal Justice Commission, If one looks also at the area of Corrective through the Carter inquiry, to conduct its Services, one sees a spectacular lack of investigation into allegations of police planning. My colleague the shadow Minister corruption; but, significantly, that delay and for Police and Corrective Services pursued the lack of support from the Government could Minister responsible carefully during the well have caused difficulties in the conduct of Budget Estimates hearings last year to see that inquiry. That demonstrates a lack of whether any Budget provision had been made respect for the rule of law. for extra prisons or extra Corrective Services Honourable members should keep in facilities; but no—the Government had not mind that the criminal law is based on made any such budgetary provisions. How fundamental principles that all parents try to does one reconcile that with the Government's teach their children. It is based upon claim now to seek to increase penalties and to propositions that one should respect property, "get tough on crime" as it puts it? What one that one should not assault other persons and sees is a Government that is willing to put out that there should be a fair and just course of press releases, willing to make the external conduct for people in a civilised society. In that flourishes but not willing to do the hard work of respect, the lack of leadership from the putting in place resources to address the hard Government in its disrespect for the rule of law issues that confront our criminal justice is truly worrying. I turn in this regard to the system. repeated attacks by Premier Borbidge on the When one examines this area, one sees High Court of Australia. He has persistently that this failure of the Government to provide made his attacks not just on the merits of the the resources takes place against a decisions made by the High Court of Australia background of the Government being but on issues going to the probity and worth of fundamentally weak in its commitment to the the court and its members. rule of law. This is the Government, it must be Could one imagine former Prime Minister remembered, that nobbled the Carruthers Menzies ever describing a High Court decision inquiry that was investigating allegations as "loopy" or "irresponsible" in the way in against the member for Surfers Paradise and which Premier Borbidge has done? Of course, the current Police Minister. This is the members should keep in mind that former Government which allowed two Cabinet Prime Minister Menzies suffered defeat in the Ministers to sit around the table and to High Court in the Communist Party case—a participate in a decision to set up the Connolly major public issue—and never resorted to the inquiry designed to nobble the Carruthers sort of attack upon that great legal institution inquiry and which did nobble the Carruthers that we have seen from this Government. inquiry. This is not a Government steeped in That is why when we come to look at the respect for the rule of law; this is a fundamentals of reform of criminal law it is Government which is willing to use desperate instructive to look at the Government's measures to destroy legal institutions. approach to the rule of law. How can we Let us consider, for example, its attempt expect a young person to show respect for the to cripple the Criminal Justice Commission, for rule of law if the Premier of the State does it gives an insight into its real attitude towards not? How can we expect families to inculcate the rule of law and into the failure that the into their children a respect for the deep Government has demonstrated in bringing to principles of the rule of law if we see a cavalier 510 Criminal Law Amendment Bill 18 Mar 1997 and intemperate approach taken by the State graffiti up to seven years. We note that the Government and its Premier with regard to the Government seeks to put in place propositions rule of law? There is a duty upon that were advanced by Labor, namely, that Governments to look after not only the letter of there should be power to order the removal of the law but also the spirit of the law. One sees graffiti and compensation for the owners of the in the approach of this Government to the relevant property. However, Labor will oppose criminal law the sort of disregard and the lack the introduction of this excessive penalty of of respect for the fundamental principles of the seven years. Labor believes that we need to law that we see in its approach to the increase penalties in areas such as the bribing constitutional law of this country. of Cabinet Ministers and assaults on the This Bill before the House seeks to repeal elderly and the disabled. Labor also believes Labor's 1995 Criminal Code. It is worth that within the general context of an offence of keeping in mind that that Criminal Code was wilful damage, which attracts a penalty of five debated and passed by this Parliament and years as a consequence of this Bill, there is was due to come into operation in June 1996. ample provision for the courts to ensure that Indeed, the coalition did not oppose that the punishment fits the crime. Criminal Code and called for a division on only I turn to the area of civil remedies and to one of its clauses, that dealing with palliative the Government's criticised provision of care. So this attempt to sweep away the ousting civil remedies in respect of persons comprehensive reforms outlined in Labor's engaged in the commission of an indictable 1995 Criminal Code will be opposed by the offence. I draw the attention of the House to Labor Opposition. Labor believes that many of the Alert Digest of the Scrutiny of Legislation the reforms should have been in place in the Committee, which was tabled today, in which normal course of events as far back as the at page 7 the committee said this— middle of last year but for this Government's "The committee is concerned about determination to scrap Labor's Criminal Code the blanket removal of the rights to civil and replace it with the piecemeal reforms that remedies of persons found guilty of we see in this Bill. indictable offences in the circumstances I shall turn to a number of specific areas of this amendment." of the Bill and indicate the Opposition's concerns with regard to those areas. If this Bill The committee goes on to say— were passed, the penalties in respect of "The committee therefore requests bribing a Cabinet Minister remain at seven the Attorney-General to consider more years. In contrast, Labor's Criminal Code had targeted amendments to the common law a maximum penalty of 14 years. I foreshadow that preserve the integrity of this clause that Labor will move an amendment to but have the flexibility to take cognisance increase the penalty. I challenge the of injustice caused or hardship suffered in Government to support Labor's amendment particular cases." and to end the softness on corruption law that I foreshadow that the Labor Opposition will we have seen from this Government. move to amend the Bill before the House to Similarly, Labor in its Criminal Code made achieve the aims set out by the Scrutiny of provision for special protection for elderly and Legislation Committee. disabled people. It provided that there were That provision has been drafted far too particular circumstances where an assault widely. In its current form, it catches not just should be regarded more seriously and should the home intruder—and Labor's amendment attract a penalty of seven years' imprisonment. will ensure that the provision continues to In respect of those two categories of apply in the case of home intruders—but also persons—the elderly over 60 years of age and it is drafted so broadly that it picks up a whole persons with a disability—I foreshadow that host of other perhaps unintended the Labor Opposition will move amendments consequences. For example, the committee in order to put in place penalties of up to refers to a person taking an apple from a tree seven years' imprisonment in respect of on private property being guilty of theft. If the assaults on those particular persons. person were critically injured by the land-holder Similarly, under Labor we took the view but convicted of the theft, they would have no that it was a much more serious offence to recourse under the civil law against the person bribe a Cabinet Minister than it was to have a inflicting that harm. Similarly, take the case of juvenile doing graffiti. This Government is a 14-year-old-girl pinching a packet of seeking to insert specific provisions that would cigarettes from a shopping centre. If she were have the effect of increasing the penalty for accosted by an overzealous security guard 18 Mar 1997 Criminal Law Amendment Bill 511 and suffered injury, she would have no The Opposition has consulted with a capacity to seek compensation. Consider also number of women's groups and they have the position of other persons engaged in expressed concern at the lack of a definition of indictable offences, such as teenagers who "consent" in the Criminal Code. This problem may be engaged in the unlawful use of a was addressed in Labor's 1995 Criminal Code, motor vehicle and who suffer paraplegia as a but, significantly, the Bill before the House result of a car accident. Where they would does not address that problem. That means otherwise be able to obtain third-party that the definition of consent in rape cases insurance compensation if it were the result of falls to be determined on the basis of a range the negligence of a third party, under the of individual case decisions. It is appropriate clause in its current form they would be that the Parliament moves to set out a prevented from doing so. It is for those reasonable definition of consent. Indeed, the reasons that that clause needs attention. Parliament did so in Labor's 1995 Criminal It is not sufficient for the Government to Code with the provision which defines simply trumpet its desire to get tough on "consent" in these terms— crime; it has a duty to the law to frame those "1. ''Consent' means consent freely and amendments in such a way that it does not voluntarily given by a person with the cause unintended consequences, such as the cognitive capacity to give the sort of hardship referred to by the Scrutiny of consent. Legislation Committee. The Labor Opposition 2. Without limiting subsection (1), will be moving an amendment to avoid those consent is freely and voluntarily given hardships and unintended consequences and if it is not obtained— to ensure that the application of the law as it is intended by the Government, namely the (a) by force, threat, intimidation or situation of an intruder into a home, is covered deception; or but that other consequences are not (b) by exercise of authority." necessarily swept up by that provision. I foreshadow that Labor will be moving an Sitting suspended from 1 to 2.30 p.m. amendment to insert that definition in the Criminal Code. That responds to the concern Mr FOLEY: The position of women in of women's groups that it is desirable that the our criminal justice system is an area that law in this area should be set out clearly in the requires a careful and vigorous approach to statute and not left to a wide range of case reform. I welcome the action of the law to be determined. In particular, concern Government in following the lead set out in has been expressed that the Parliament Labor's 1995 Criminal Code to overcome the should make it clear that consent does mean antiquated and discriminatory rule of evidence consent freely and voluntarily given. That is a which required judges to give a warning as a reasonable and very legitimate concern and it strict rule in cases involving complainants of is one to which I would urge all honourable sexual offences. The law should be that these offences are treated the same as other members to have regard. offences and that a judge should be free to Similarly, in the case of a woman who has comment as the judge sees fit on the facts been the victim of domestic violence over a and circumstances of the case. The Labor lengthy period, if such a person finds herself Government moved to abolish the common charged with the homicide of her spouse, in law rule with the strict requirement of a warning relevant cases it is important that the court that it was dangerous to convict on the should be able to hear evidence of the uncorroborated testimony of a complainant in domestic relationship between the accused a sexual offence. The sad thing is that this and the person against whom the offence was could have been in place back in the middle of committed. Again, the common law has last year and that victims of rape and other developed through a series of cases to sexual offences have not had the benefit of provide that relevant evidence of a domestic this reform as a result of the determination of relationship may be led where it goes to the the Government not to proceed with Labor's issue of criminal responsibility. Criminal Code. However, there are two further I draw the attention of the Parliament to areas of reform which this Government has the decision of the Appeal Court in South failed to address. I refer to the definition of Australia in The Queen v R (1981) 28 SASR "consent" in rape cases and provision to 321. In that case, King CJ set out ensure that evidence of domestic violence circumstances in which it would have been may be taken into account in relevant cases of quite proper for that history to be led in homicide. evidence in a case in which provocation was 512 Criminal Law Amendment Bill 18 Mar 1997 raised by the defence but was withdrawn from application of the criminal law. As a result the jury. In that case, the accused killed her of the extraordinary approach to the husband by attacking him with an axe while he amendment of this section of the Code, was sleeping. She was convicted of murder, persons will find themselves in jeopardy of but at her trial provocation was withdrawn from life imprisonment for breach of the the jury. She appealed. In his judgment, King criminal law in circumstances where their CJ set out reasons why it was important that activities would not be regarded as the history of the domestic violence should criminal or as morally blameworthy by any have been heard by the jury. He said this— sensible citizen. "The deceased's words and actions It is the case that, under the new in the presence of the appellant on the section, A and B may cohabit in a de fatal night might appear innocuous facto relationship for a year, and the enough on the face of them. They must, daughter of A by a previous relationship however, be viewed against the may subsequently have a sexual background of brutality, sexual assault, relationship with the son of B by a intimidation and manipulation. When previous relationship. As a result of that stroking the appellant's arm and cuddling relationship, the step siblings would have up to her in bed telling her that they could committed incest, notwithstanding that be one happy family and that the girls there is no legal impediment to their would not be leaving, the deceased was marriage. Indeed, even if the step siblings not only aware of his own infamous were married, the offence would still be conduct but must have at least suspected committed, as it does not appear that the that the appellant knew or strongly Marriage Act of the Commonwealth would suspected that, in addition to the long afford any defence to the criminal activity history of cruelty, he had habitually engaged in by the married couple. engaged in sexual abuse of her The society's concern is not only that daughters. The implication of the words the drafting of the provision has produced was therefore that this horror would a manifestly absurd result but that the continue and that the girls would be proposal has been created without any prevented from leaving by forms of consultation and is directly contrary to the intimidation and manipulation which were advice of two independent working groups only too familiar to the appellant. In this commissioned to review aspects of the context it was, in my opinion, open to the Code on behalf of the Government." jury to treat the words themselves and the caressing actions which accompanied One can understand the concern of the them as highly provocative and quite Government to provide protection in capable of producing in an ordinary appropriate cases, but this provision is drafted mother endowed with the natural instincts so broadly that it is directly contrary to the of love and protection of her daughters, recommendations of the advisory working such a loss of self control as might lead to group chaired by Mr Peter Connolly, QC, killing." appointed by the Government. Whatever the intentions of the Government may be, this I urge the Government to give consideration to provision creates, as the Law Society says, a these matters, because the position of women manifest absurdity, and I would urge the in the criminal justice system deserves Government to reconsider its position on this attention in any serious efforts at law reform. matter. I foreshadow that the Opposition will I turn now to the broadened offence of be opposing this provision. incest which is included in the Bill before the The Bill also seeks to remove the right of House. The Bill amends the law of incest by a person committed for trial before any court extending the class of persons potentially for an indictable offence to make application affected by the application of the criminal law. to the court to be brought to trial. The In this respect I draw the attention of the operation of the proposed new provision would House to the document which I tabled before result in accused persons, including those held lunch, in which the Queensland Law Society without bail, losing any right to have their trials had this to say about the proposed new incest disposed of in a timely manner. Persons may provision— be imprisoned without trial for six months at a "The proposed amendment to time and not know what indictment may section 222 of the Code is an example of ultimately be presented against them. Even unnecessary and unwarranted increase in after release due to the expiry of the time limit the class potentially affected by the in the section, they would remain at jeopardy 18 Mar 1997 Criminal Law Amendment Bill 513 of fresh proceedings by ex-officio indictment. I note that the Criminal Code advisory This is a provision which entrenches delay in working group to the Attorney-General chaired the criminal justice system. by Mr Connolly, QC, recommended a provision The Government should be getting on in respect of the inadmissibility of similar fact with the job of honouring its promise and evidence which is in similar terms to that appointing the five judges that we have been adopted by the Labor Government. This waiting so long for since the coalition promised retained a discretion on the part of the trial them. It has simply failed to deliver, with only judge which is sought to be ousted by the Bill two judges being appointed so far. It is quite currently before the Parliament. It is disturbing unsatisfactory that the criminal justice system that that judicial discretion should be sought to should shift in philosophy and practice so as to be ousted in such a way. remove an accused person's right to apply to I draw the attention of the House to the be brought on for trial and to substitute that letter from the Queensland Law Society with a mere duty on the part of a prosecutor to concerning this discretion in respect of present an indictment within six months. evidence. It states— I turn to the principle that the onus of "The Society opposes the proposals proof is on the Crown and it is for the Crown to in this Bill to remove from the judge bring the charge and prove the charge. That is having the conduct of a criminal trial the a principle of ancient origin, but it is a principle basis of the discretions to exclude similar which is significantly eroded by the provision to fact evidence or to limit discretions in give advanced notice of expert evidence. In respect of ordering separate trials in the this respect, I am mindful of the comments of manner proposed. This is a further the Court of Appeal in psychiatric cases that it example of change without notice to would be desirable that there be some fundamental principles of the advance notice and exchange of reports in administration of criminal law. No warrant respect of psychiatric evidence. But this goes or justification for change has been much further than that. It goes to all expert offered and the approach is not evidence and, as such, it represents a recommended by your advisory working significant erosion of the principle that the group." onus of proof is on the prosecution and that it The Opposition shares the concern expressed is for the prosecution to bring the charge and by the Queensland Law Society and urges prove the charge. Accordingly, I foreshadow that the judicial discretion set out in the report that the Opposition will seek to amend that to the Government by the committee chaired provision so as to confine its operation to by Mr Connolly is a better approach than the psychiatric and psychological reports. one adopted in the Bill. The conduct of a fair trial depends directly In respect of accomplices, the law has upon the control of evidence exercised by the traditionally required that there be a warning trial judge. Trial judges must exercise a given that it is dangerous to convict on the discretion in certain cases, and in other cases uncorroborated testimony of an accomplice. they are governed by strict rules of law in That is so because accomplices, by their relation to evidence. In the area of similar fact nature, are unreliable; they are criminals. evidence, there has been considerable Although the Opposition welcomes the reform litigation. There have been many appeals to to the corroboration laws governing sexual the superior courts. I participated as counsel complaints, it is unfortunate that the traditional for the appellant in the High Court case of the rule regarding accomplices has been swept Crown v. Hoch (1988) 165 Commonwealth away as well. The Opposition expresses its Law Reports, 292. grave concern in respect of that provision. In that case, the High Court set out its In consultation with a broad range of ruling with respect to similar fact evidence. groups, including the Victims of Crime Concern has been expressed in the wake of Association and the Women's Legal Service, that case that separate trials were required to my attention has been drawn to the need for be ordered where there was a mere possibility interpreters in the courts. This, of course, is of concoction or collusion on the part of part of the inherent jurisdiction of the court to witnesses. In its 1995 Criminal Code, Labor ensure a fair trial. The community concern in moved to limit the operation of those principles this area indicates that it would be desirable to to circumstances where there was a real enshrine in legislation the court's power to chance, as opposed to a mere possibility, that order the Crown to provide for an interpreter the evidence was concocted or arose from for a complainant, defendant or witness in a collusion. criminal proceeding. I think it is particularly 514 Criminal Law Amendment Bill 18 Mar 1997 important that this apply not only to witnesses budgetary and infrastructure measures and defendants but also to complainants, to necessary for the Corrective Services victims of crime. When I had the honour of Commission to do its job. We express our presenting to this House the Criminal Offence concern moreover that at the level of ideas, at Victims Bill, we included in that legislation the the level of the spirit of the law, this need for sensitivity to linguistic problems Government, far from providing leadership to affecting victims of crime. Accordingly, I the young people of our community, has foreshadow that Labor will move an shown a contempt for the rule of law in its amendment to empower a court that is nobbling of the Carruthers inquiry, in its satisfied that the interests of justice so require attempt to cripple the CJC and in the Premier's to provide for an interpreter for a complainant, repeated attacks on the High Court. defendant or witness in a criminal proceeding and, further, that the court should have regard Against that background, the Opposition to the fundamental principles of justice set out urges a more comprehensive approach to the in the Criminal Offence Victims Act. problem of crime; one which focuses upon the need to combat it and to respond to the I am sad to say that the coalition genuine concern expressed in the community Government talked much of the rights of about crime. Because the Bill seeks to repeal victims of crime when it was in Opposition but a comprehensive reform to the criminal law set has been very slow to act in response to the out in Labor's 1995 Criminal Code, the concerns of victims of crime. I urge it to Opposition will oppose it, but the Opposition support the Opposition's amendment in this will also move the series of amendments that I respect. Consider the position if one were the have foreshadowed in an attempt to make this victim of a crime and the trial were being Bill better and to make the criminal laws of conducted in a foreign language. Surely it is Queensland better. reasonable to expect that the complainant be allowed to follow the proceedings so that he or The principle that every parent tries to she can understand what is going on. This engender in his or her children is a principle of provision is one that would have to be brought respect for the rule of law. This means that into effect at the discretion of the court and no when the Parliament comes to debate the doubt has some resource implications. fundamental structures of the criminal law, we However, the courts no doubt would exercise are talking about something which is important the discretion in respect of such an order in not just in a legal sense but also in a social the interests of justice mindful of the sense, for the principles that underpin the rule requirement for a fair trial but also mindful of of law go to the very social fabric of our the principles set out by the Parliament in society. It is a shame that the great efforts of relation to the rights and position of victims of my predecessor the former Attorney-General, crime. Frankly, for far too long our criminal Dean Wells, the member for Murrumba, in justice system has focused on the prosecution producing Labor's 1995 Criminal Code are and on the defence and has tended to being attacked in this way by this piecemeal neglect the position of victims of crime in the reform, for the replacement of a whole criminal justice process. The comprehensive reform with a piecemeal amendment which the Opposition proposes reform will operate to the detriment of good will go some way towards addressing those government and to the detriment of the good concerns. administration of justice. There is, however, opportunity nonetheless in the material that The Opposition expresses its concern we have before us to seek to make some over the failure to attack the causes of crime, improvements in the law and to ensure that the failure of the Government to address the criminal law does justice. issues of unemployment and poverty. We express our concern over the lack of effective I think it was Lord Denning who once consultation which has been criticised by the observed that the law has two great goals— Queensland Law Society and criticised as one is order and the other is justice—and that recently as this morning on ABC radio by a sometimes those goals may be, or at least spokesperson of the Women's Legal Service. appear to be, in conflict. It is important in this We draw the attention of the Queensland debate that we concern ourselves with issues people to the inadequate resources which the of justice, for the Parliament of Queensland Government is placing in the area of criminal has not undertaken a major review of the justice, in particular its failure to deliver on Criminal Code outlined by Sir Samuel Griffith in adequate numbers of police, its failure to the 19th century for nearly a century. While deliver on its own promise of extra judges for the current amendments before the the courts, its failure to put in place the Parliament are not comprehensive in nature, 18 Mar 1997 Criminal Law Amendment Bill 515 none the less they do make some significant York because he sat on his hands and played changes to the principles and practice of the politics for 13 months. During that time our criminal law in Queensland. Accordingly, I urge Criminal Code could have introduced tougher the Parliament to pursue the course of justice, penalties, which would have done something I urge the Parliament to oppose this Bill and I about crime. He owes an explanation to this urge the Parliament to send a strong message House as to why he sat on his hands for 13 to the Government of the day that it must do months and waited until another one of his more than talk about issues of law and justice; mates, Mr Connolly, whom we hear so much it must attack the causes of crime and in of these days, gave his view on the Code. particular attack unemployment and poverty, This Bill is a political document first and which are the root causes of so much that is ill foremost. The Government is not primarily in our society. concerned about introducing a fair and just Mr BEATTIE (Leader of the Criminal Code for Queensland, but the Opposition—Brisbane Central) (3 p.m.): The Government desperately needs to be seen to bottom line is that the coalition is soft on be tough on crime because its political corruption and crime, in particular organised fortunes are disappearing. The Premier's crime; and it is soft on home invasions. This approval rating is going through the floor and Bill is not some great leap forward into tougher the standing of the National and Liberal penalties for criminals in Queensland. At the Parties in the electorate is disappearing. What beginning, let me make this clear point: how do Government members do? They come out can young offenders in this State look forward with this old adage of trying to look tough on to some respect for the law from the politicians law and order. If only it were true. Certainly, of this State when the Premier shows no there are a range of increased penalties. respect for the law at all? What sort of Where did many of the penalties come from? example did he demonstrate when he From Labor's 1995 Code! consistently attacked the High Court on the It is interesting, however, to look at the one hand—— penalties that have not been increased and, Ms Spence: Shameful attack. indeed, those that have been reduced. Let us Mr BEATTIE: Yes, it was a shameful look at what this Government is about. It is attack. On the other hand, he tried to rip up prepared to be tough on kids—and there is the constitution so that when a vacancy occurs some support for that on this side of the in the Senate, the replacement would be one House—provided that we target the real of his mates? When the Premier of this State causes, the root causes, of crime which are, does not respect the law, the High Court or the as the honourable shadow Attorney-General constitution, how can he expect young said, unemployment, social dislocation and offenders, whether they are involved in petty those sorts of issues. But whom is the crime, graffiti or some other offence, to respect Government soft on? It is soft on corrupt the law? Ministers. How can it be happy to be soft on itself when it is happy to be tough on Mr T. B. Sullivan: Hypocritical. someone else. Mr BEATTIE: It is very hypocritical. He is Mr T. B. Sullivan: Special mates' giving a bad example to our young people. rates. That needs to be clearly understood. Mr BEATTIE: That is right, special We are asked to believe that this Bill is a mates' rates. consequence of a comprehensive review and Despite all the tough talk not all criminals forms part of a comprehensive strategy to will be treated the same. Kids using spray tackle the rising incidence of crime in our cans will risk up to seven years in gaol yet the communities, crime that continues to rise coalition is happy to see a Minister of the unfettered under the coalition. As to the Crown who has taken a $1m bribe subjected comprehensive review, that was Labor's. This to the same seven years' imprisonment. Bill contains many of the tough penalties Where is the fairness in that? So a crooked recommended by Labor and included in Minister goes to gaol for seven years but for Labor's 1995 Criminal Code. how long does a kid with a spray can used for I say to the Attorney-General, why over graffiti go to gaol? The same seven years! the last 13 months has crime increased? It is Where is the fairness in that? As members because he sat on his hands and did not opposite know, under Labor that Minister enact our Criminal Code. That is why. He did would have got 14 years' gaol. Under Labor, not enact our Criminal Code. He should be both under the Goss Government and my roundly condemned from Brisbane to Cape Government, he would have got double the 516 Criminal Law Amendment Bill 18 Mar 1997 penalty. I will not be soft on Ministers or leave out from Labor's Criminal Code? Do previous Ministers who break the law and who honourable members know what they left out? are guilty of corruption. The coalition members Organised crime! Organised crime is not in its are tough on crime provided they get the right Criminal Code, yet it was in our Criminal Code sort of criminals to be tough on, provided the in 1995. The Government left out the crime of criminals are not their mates. They are not engaging in organised crime and do prepared to get tough on their mates. honourable members know why? It is because We would not have been soft when it so many of its mates are involved in it. The comes to offences involving wilful damage. Government showed it is not interested in Under our Criminal Code anyone involved in getting the Mr Bigs—— wilful damage, which includes graffiti—that is Government members interjected. where it would have been under our Mr BEATTIE: Listen to them squeal. Code—would have been liable to a penalty of The Government and all its organised crime up to seven years as well. We are not mates ought to squeal because this prepared to equate wilful damage with Government is the toast of every organised corruption. We believe one of them should be crime figure in Australia and overseas. They liable to imprisonment for up to seven years, are delighted with this Government. Organised but that Ministers should go for 14. crime will vote for the Government but Let us look at some of the other criminals Queenslanders will not. The Government the coalition will be tough on, and this exposes shows it is not interested in getting the Mr Bigs the nonsense of the Government's position. and their operatives in areas like the drug You know what it is really tough on—witchcraft trade, the highly organised and well-financed and fortune telling! Labor's Code did away with criminals who hide behind expensive lawyers the offence of pretending to exercise witchcraft and the sort of slime balls and drug barons or telling fortunes. Members should not worry: who would never get their hands dirty by because the coalition is tough on crime it has actually selling drugs on the street. The sort of reinstated the provision to protect us all from criminals who make the big money and cause witchcraft and fortune telling. the most misery in our society get off under An Opposition member: Tell us this mob. Labor provided for terms of life Joan's and Denver's fortune. imprisonment. Mr BEATTIE: I read it in my palm; their Mr Lingard interjected. fortune is not good. The provision in the Bill Mr BEATTIE: I hear the Minister for states— Families rush to defend one of his organised "Any person who pretends to crime figures. I am delighted to hear him exercise or use any kind of witchcraft, defending his crooked former Ministers and sorcery, enchantment, or conjuration, or organised crime. Let it be on the parliamentary undertakes to tell fortunes, or pretends record; when did we hear him interject? To from the person's skills or knowledge in defend his mates in organised crime! any occult science to discover where or in Labor provided for the term of life what manner anything supposed to have imprisonment for engaging in organised crime. been stolen or lost may be found, is guilty That is how serious we were. The coalition is of a misdemeanour, and is liable for happy to reject the broadly defined new imprisonment for 1 year." offence to get these grubs while it Government members are going to send concentrates on being tough on the witches fortune tellers to gaol for one year. Crook and the fortune tellers. That is exactly what the Ministers will get only seven years; we would Government is about. have given them 14 but, no, whom are they What else has the Government left out of serious about—fortune tellers! No doubt it was the Criminal Code? It will come as no surprise very important to put witchcraft and fortune to anyone on this side of the House that telling back in the Criminal Code. I am sure we section 196 seems to have disappeared from will be filling our new prisons to overflowing Labor's Code. Section 196 dealt with with witches and fortune tellers. That is who will unlawfully interfering with an election. What be in gaols. have we got now? This is the mob who talk The Opposition acknowledges that the about honesty in an election. This is the mob coalition is tough on witchcraft, fortune telling, who talk about honesty in advertising in an sorcery, conjuration and on enchantment. election and what do they do? They have That is what we know it is tough on. The thrown section 196 out. What did our Code problem is where it is not tough. What did it say? It said— 18 Mar 1997 Criminal Law Amendment Bill 517

"(1) A person must not unlawfully do an been under Labor. Under Labor it would have act with intent to— been easier to defend one's own home. We (a) interfere with the lawful conduct only required any actions in defence of one's of an election; or home to be reasonable. The coalition said that Labor was not going far enough. There was (b) improperly influence the result of no requirement to show that the person using an election. the force to defend his or her home had to Maximum penalty—seven years believe that "on reasonable grounds . . . it is imprisonment." necessary to use that force." It is a more What could possibly have caused the difficult test under the coalition's legislation. Government late last year to want to exclude Mr Elder: Fraud. such a provision from the Criminal Code? Was Mr BEATTIE: It is a fraud and a it worried that some of its activities in misrepresentation—and a deliberate one—to Mundingburra may come home to roost? Was the people of Queensland. it worried that someone may be charged under the Criminal Code? Why did it leave it Once again, let me remind members of out? It means that the Government is tough what the Premier said in the Courier-Mail on on witches, it likes organised crime, it is happy 15 March 1995. He said that, under a for its Ministers to be crooks and it can pull any Government led by him, people would not be rort it likes in an election. That is what the charged if they shot intruders in a home Government stands for. It is an absolute joke invasion situation. He added that he when it comes to fighting crime. considered it reasonable for a person to defend his or her family and home through the I turn now to the issue of home invasion. use of weapons, including firearms. As always, What was the one issue that members the Premier talks tough but delivers little. The opposite talked about in Opposition? Home great theme out of this debate about the invasion. Let us look at what they did in the Criminal Code is this: the Premier talks tough, Code. In Opposition, the coalition made a lot the Attorney-General talks tough, but they of noise about safety and security at home deliver nothing. They are hot air. This will not and repeatedly criticised both the civil and assist people in home invasion situations. criminal law in relation to so-called home invasions and personal security. Nowhere did As to bribery—Labor's Code pulled the Premier and Police Minister talk tougher together and enhanced a mishmash of than on the issue of home invasions. They provisions on bribery and related matters into disgraced themselves and this House with a single chapter of the Code. What did their grubby attempts to score political points members of the coalition do? They are not over the Castorina case. When talking about worried about bribery. They have a long history the law in this regard, the Premier—the man of experience with it. They are not worried who does not respect the Constitution or the about it. The coalition has been content to High Court—said in the Courier-Mail on 18 retain the mishmash. March 1995— As to the disclosure of official secrets— "Clearly the existing law is Labor tidied up the provision relating to inadequate. We are looking at disclosure of official secrets. The provision strengthening the right of people to inserted by the coalition Government is largely defend their homes, their property and similar to Labor's, except that it reduces the their family." maximum penalty from three years to two We were also told that a coalition years' imprisonment. So the coalition is soft on Government would not charge people who the disclosure of official secrets. shot intruders who threatened them. Yet, in As to assaults on the aged and this regard, the new Code makes only the disabled—here is another classic example of most minor of changes, which will have no where the coalition is soft on crime. The practical effect on the law as it currently coalition has made it clear that it expects older operates and as it operated in the Castorina Queenslanders to keep their doors and case. It makes no significant change. Instead, windows locked and bolted during the day. the coalition has introduced some absurd Labor increased to 20 years' imprisonment the changes to restrict the right of an offender to penalty for entering a dwelling during the day sue a home owner if the offender is hurt. But with intent to commit a crime. But under this let there be no mistake. This Bill retains the coalition Bill that penalty returns to a maximum very same test. This makes it harder to justify of 14 years' imprisonment. Yet this is the mob defending one's own home than it would have who run around saying that people have to 518 Criminal Law Amendment Bill 18 Mar 1997 serve 80% of their sentences. So what did the penalties contained in this Bill were new or they do? They reduced it from 20 to 14 years' increased penalties in Labor's 1995 Criminal imprisonment. And the Premier says to the Code, which was passed by this Parliament Opposition, "Don't you stand in the way of this without members of the then Opposition legislation." Then he takes off this Friday and moving even one amendment. They let our next Thursday, so Parliament will not sit. But Code go through without one amendment. he says, "Don't stand in the way of legislation." But what did they do? They came back and The Premier is reducing the effectiveness of watered it down. The coalition's ready these penalties. Today his fraudulent acceptance of Labor's Criminal Code would behaviour is being exposed. seem to suggest that they like it—and like it Labor's Code contained special provisions they did. They have incorporated most of it in at section 114 which meant that if an assault this Bill before the House, but with some very was committed on someone under 16 years of important and telling exceptions. age or over 60, a pregnant woman or Labor was and is tough on crime. But someone with a disability, that was an being tough on crime is about more than aggravating circumstance and the penalty tough sentences, just as good policing is went from three to seven years' imprisonment about more than police numbers. As we head under our Code. We wanted to protect towards the 21st century, we need to be clever children under 16, people over 60, pregnant about how we tackle crime. The coalition's women or someone with a disability. overreliance on increased penalties is part of a Mr T. B. Sullivan: Those more not-so-clever political public relations exercise vulnerable. to cover up the coalition's inability to deal with the broad issues associated with crime Mr BEATTIE: That is right—the most management in our community. This Bill is vulnerable people in the community. We simply knee-jerk populism. It promulgates the wanted to protect them, so we increased the penalty from three to seven years' view that the easy and sole answer to crime is imprisonment. There is no such provision for to lock up more offenders for longer. Labor common assault on older Queenslanders in understood the need for tough sentences. the coalition's Code. Under the coalition, That is why our 1995 Criminal Code included a assault on an older and disabled range of tough sentences the likes of which Queenslander will carry a maximum penalty of had not been seen before in Queensland. only three years under section 335. I ask the However, we made sure that tough sentences Attorney-General: where is your protection for were equally handed out to Ministers and the young people, the disabled, pregnant women Mr Bigs of crime as they were to the less and senior Queenslanders? In his reply, he illustrious Queenslanders involved in crime. owes the people of this State an explanation The community frequently calls for as to why he is not prepared to protect them. tougher penalties. Labor responded to that in As to increases and decreases—we have 1995. But all that people really want is for already begun to hear the Attorney-General crime to stop or to be significantly diminished. and others trumpeting about how they are The Government thinks that if it simply tough on crime because they have further increases penalties it will be seen to be tough increased penalties over and above the on crime and the community simply will not substantial increases under Labor. What have notice its inaction in providing more police, they done? They have increased some creating jobs or reimplementing community penalties while actually decreasing others for policing initiatives introduced by Labor. That is what are significant offences. I do not need to what the Government hopes will happen. go into the detail of the increases, because An updated Criminal Code needs to be members will be hearing about those ad but one strand of a comprehensive strategy to nauseam from members opposite. tackle crime, which includes more police, The coalition has failed to attack crime on instead of the pathetic effort so far; a properly all fronts. At the same time, it will have nothing costed impact assessment of the State's to say about crime prevention and stopping prison system; the expansion and the root causes of crime, about genuine reintroduction of community policing initiatives increases in police numbers and real introduced by Labor in Government and community policing. Under my Government, stalled or scrapped by the coalition, such as we will actually tackle the root causes of crime, Police Beats; an aggressive response to not try to sort it out at the other end. The unemployment—like Labor's $200m three- coalition desperately needs to be seen to be year Community Jobs Plan; a reinstatement of tough on crime for political reasons. Many of the $13m training and employment programs 18 Mar 1997 Criminal Law Amendment Bill 519 scrapped by the coalition; programs such as to give the public the impression that the ALP the Public Sector Trainee Subsidy Program, was working hard. We all know what it was which provided 670 jobs at a cost of $2.35m; doing: it was marking time, wasting time. The and the $5.3m Youth Employment Service, majority of voters recognised its intransigence which was scrapped by the coalition. for what it was, and voted it out. Time expired. The dangers apparent in throwing out the old Code for new, rewritten laws was apparent Mrs GAMIN (Burleigh) (3.19 p.m.): I to everyone except Labor. It should not have think that this House should nominate the member for Brisbane Central for an Oscar. listened to its own spin doctors. The advice Since I have been in this place, his acting skills from Labor lawyers and hangers-on was akin have improved enormously. He does not to a lawyer representing himself in court, and believe a word he says. He has been very we all know that only a fool would do that. The dramatic. I think "histrionics" is the word I am National/Liberal coalition Government, looking for. however, consulted well-respected practitioners and the public, and then quickly I rise to support this Bill. These are major got on with the job of amending those changes to the Criminal Code, changes that sections needing amendment. This House will are of the greatest importance to remember that Labor received excellent Queenslanders. They are changes that will advice on updating the Criminal Code from mean safer streets and a properly Rob O'Regan, QC, and then threw his advice administered criminal law. These changes out. should have been implemented before now. Honourable members will recall how the The Goss Labor Government recognised that former Attorney-General, Dean Wells, used to changes needed to be made, but, instead of boast that archaic sections of the Code were getting on with the job of making those to be removed, sections such as those that amendments in a thoroughly professional and make it an offence for someone to have a workmanlike manner, the Goss Labor blackened face at night. With the huge Government squandered its opportunity. It number of break and enter offences that ran squandered that opportunity by listening to out of control under Labor, that is exactly the bad advice, that advice being that the Criminal sort of section that one would want to keep. Code written by Sir Samuel Griffith was no Blackening the face at night is camouflage for longer working and needed total rewriting. criminals intent on not being seen. It is perfect Instead of reflecting on such radical advice, camouflage for those hiding in bushes in the Goss Labor Government accepted it people's yards as they plan their burglaries. without question and then took five long years This Government is not getting rid of such an to produce the 1995 Criminal Code, which was important section. However, what this then criticised from one end of Queensland to Government is doing in relation to break and the other. The most trenchant criticism came enter offences is very important. All break and from the lawyers. They pointed out that enter offences will now be called what they implementation of the Labor Code would really are: burglaries. Until now, section 419 of mean appeal after appeal as the courts the Criminal Code referred to a burglary as a struggled to give meaning to all the rewritten break and enter offence that occurred after 9 sections. Such criticism was well placed, as it p.m. and before 6 a.m. However, people know was the lawyers who stood to make a lot of what a break and enter is: it is a very serious money by conducting appeals. The legal offence and it is burglary—the crime of a community has done this State a wonderful sneak that occurs day or night. If there is an service by resisting the 1995 Code. That aggravating feature of that crime, such as the resistance alone will save millions of dollars for use or threat of violence or of being armed or the taxpayer. pretending to be armed, or in company, or I do not know how the members opposite where property is damaged or threatened to can look honest Queenslanders in the eye be damaged, then the offender is liable to and truthfully say that they were concerned imprisonment for life. I am, of course, talking about crime. The Labor Party needs to explain about crimes that are more than just burglary. to the people of this State why it wasted huge These are what we now know as home amounts of taxpayers' money on twice invasion offences. Home invasions are the rewriting the Criminal Code, which had worked most terrible of property crimes because of the very well for nearly 100 years. There was sheer terror that the victims suffer. This simply no need to waste money and time; Government has addressed those crimes. It is there was no need to rewrite it twice. Of of importance that the judiciary takes note of course, wasting time on reviews was designed the liability of imprisonment for life that this 520 Criminal Law Amendment Bill 18 Mar 1997

Parliament considers to be a most appropriate that security. The public want a Police Service range of penalty. that is professional, courteous and corruption I will now comment on the very sad case free. The public want a Police Service that has of Tracy Wooding. That was the case in which the necessary numbers and the resources to her former boyfriend kicked her in the stomach be able to respond to calls for assistance because he did not want to have the promptly and effectively. The position has responsibility of caring for the yet-to-be-born worsened in the 12 months since this current coalition Government came to power. baby. The National/Liberal coalition Government has amended a very important The greatest fears that the public have section in the chapter of the Criminal Code currently are for their personal safety. Elderly dealing with homicides. It did that in response citizens in our society are very concerned to the Wooding incident. Honourable when they are in their homes. Young people members should make no mistake: section want to be confident that they are secure 313 closes the gap that existed in the law. The when they are travelling via railway stations, provision went out for public discussion and riding on trains and visiting nightclubs, without comment. The intent of the original provision fear of bashings—or, sadly, as we have seen has not been changed by this Government, in recent months, without fear of being that is, to ensure that there was adequate murdered—when they are enjoying criminal liability available to deal with that type themselves around our cities. The public also of offence when a baby was capable of being have a great fear of theft, because average born alive. This Bill will do much to modernise citizens in this society have to work very hard the criminal laws of Queensland and deserves and save very hard for their possessions. The the support of the House. great bulk of people who vote Labor— ordinary, working-class people—have to work Mr BARTON (Waterford) (3.25 p.m.): I very hard in comparative terms to gain their rise to oppose this Bill in its current form. My possessions. They would like to think that their principal reason for that opposition and the possessions are secure, whether that be their principal concern about which I will speak is property within their homes or their motor the potential impact of this Bill on the Police vehicles. Motor vehicle theft is an ever- Service and Corrective Services, because this increasing crime problem in this State. Bill fails to address the community's needs. This Bill represents a Government that likes to With regard to prisons, the public want talk tough, but which wimps out when it comes tough but fair prison sentences. They want to delivery of the measures that are needed to those who commit crime to receive an protect the public against criminals in our appropriate level of punishment, whether that society. They are wimping out on delivering be through monetary fines, orders to perform appropriate laws. They are certainly wimping community work or, in those cases when it is out on delivering appropriate police numbers the only alternative, prison sentences. and resources and the number of prison cells Mr Milliner: Including white-collar that are required now—let alone the number crooks. that would be required if the massive change Mr BARTON: Including white-collar that they are proposing will occur does occur. crime. Several weeks ago, I visited one of the I reinforce what has been said by my two WORC camps in central Queensland, where colleagues who preceded me in this debate. there were quite a number of white-collar In reality, this Bill is a pale shadow of Labor's criminals. White-collar crime is one of the 1995 new Criminal Code, which the members hardest to detect. The Police Service needs opposite never sought to enact and which specialist resources in order to catch the white- they allowed to languish for over a year while collar crooks who masquerade as the pillars of crime increased dramatically in this State. I will our society. provide honourable members with some Most importantly, the public want criminals statistics a little later. The basics of a very to be given the opportunity to reform good criminal justice system are very simple. themselves so that they do not feel a need to The public want criminal laws to be tough but reoffend. They want those people who have fair. The public want laws and enforcement, been convicted to receive appropriate and punishment where necessary, which counselling, education and training in prison to ensures that they are safe at all times— allow them to return to society as law-abiding, whether it is in their homes or public places, productive, good citizens. The public also want and particularly if they are travelling on the some basic freedoms that we all take for streets or in trains. They want to be sure that granted in our democracy to be protected. I their property is secure. They are entitled to think that is one thing that we should never 18 Mar 1997 Criminal Law Amendment Bill 521 lose sight of: we want to be tough on the Service figures indicate that crimes against the criminals, but democracy can be very, very person have increased by 22%. In fragile. It had to be fought for through the Townsville—another location where the centuries to get to the situation that we have Minister has not honoured his promise to today. Many of those basic freedoms should provide additional police—crimes against the not be thrown away simply because it would person have increased by 15%. In Gladstone, be easier to gain a conviction without them. which figured fairly prominently in the reasons That might achieve the conviction of some of for why there was a change in Government, those criminals who desperately need to be crimes against the person increased by 33%. put away, but if those convictions are achieved In Charleville—and I will repeat a figure that I at the expense of the basic freedoms of the quoted this morning—crimes against the ordinary citizens of this State and the fabric of person in Charleville, where seven police our society is damaged, we will all pay a very, officers are trying to do the job of 21 police very high price. officers, have increased by 85%. That is the highest increase in this State for crimes Many people in our society are alienated. against the person. Apart from talking about what the basics of a criminal justice system should be and what the The increase in crimes against property is public expect it to be, we should never, ever nearly as bad. That is the legacy of this forget that many of the people, particularly Government, which talks so tough about law young people, who fall into crime at an early and order but which is presiding over rapidly age are those who are missing out. They are increasing crime levels. I will repeat the figures mostly the young. They do not have the job relating to the increase in crime levels, which opportunities that certainly my generation took are coming off the previous year when Labor for granted when we left school. They have a was in office when those same crime statistics sense of hopelessness. If we do not address were falling by large percentages instead of that underlying problem that exists in our increasing by the large percentages that they society and leave those people feeling that are currently. Crimes against the property in society owes them nothing and that they have the State have increased by 9%. In Townsville, a right to go and take what they cannot get they have increased by 16%; in Cairns, by because they cannot get the appropriate 11%; and in Gladstone, by 39%. Certainly, the training and gain appropriate jobs, then we will member for Gladstone should be thinking not address effectively the issues of juvenile about those statistics because they show that, crime and we will have a society that is since she assisted in toppling the Labor degrading further. Government of the day to put the coalition in power, crime in her electorate has been I turn now to the crime levels that have increasing dramatically. So much for her been rising quite rapidly over the past 12 justification for turning the Goss Government months under this coalition Government. out of office to put this current bunch of Firstly, I refer to offences against the person. bumbling Ministers into place! The figures that I will quote are figures that come from the Queensland Police Service Mr Veivers: That's not nice. Statistical Review. Over the last 12-month Mr BARTON: I will take that period, crimes against the person have interjection—I am not referring to the Minister, increased by 16%. We do not have to go far only some of the others. to find out which centres are experiencing that In Queensland, police-to-population ratios increase in crime the most. I will refer later to are the worst of any State and Territory in this some of the reasons for that increase when I nation. In Queensland we have one police outline where the worst police-to-population officer for every 525 citizens. In New South ratios are located. When one looks at the Wales, that ratio is 1 to 475; in Victoria, 1 to areas where the police have the least number 449; in South Australia, 1 to 423; in Tasmania, of people and resources to do the job, it is a 1 to 451; in the Northern Territory, 1 to 218; strange coincidence that they happen to be and in Western Australia, 1 to 386. So in the same centres where crime is most on the terms of police-to-population ratios in this increase. nation, Queensland has the worst base. The average increase for the State of I refer again to those centres that keep crimes against the person was 16%. However, bobbing up as having major crime problems. in Cairns, which is currently very, very topical Townsville has a police-to-population ratio of 1 and where the Police Minister thinks that the to 613, and over the past year crime in that Opposition is beating up stories about crime area has risen by 15%. However, I go further that does not exist, the Minister's own Police and refer to the figure for the south-eastern 522 Criminal Law Amendment Bill 18 Mar 1997 region, which is 1 to 697. In the Logan district, the coalition's promises are simply not being where my electorate and the electorates of met. This Bill will not help it one little bit. other people in this Chamber are located, the Warwick is an example of the fact that the ratio is 1 to 781. In the Gold Coast district, the coalition, in its own heartland, is not looking ratio is 1 to 674, against the State ratio of 1 to after its people. 525. As at November, Townsville was down by Mr Mitchell: Why didn't you get some 15 officers and the northern region was down more police? by 43 officers. What happened after Mr BARTON: We did do a lot about it. If Mundingburra? What about the great necessary, I will quote the figures to the promises that were made during that election member. In responding further to that campaign? Quite frankly, the coalition has interjection, I make the point that this talked tough and it has talked big, but in reality Government talks tough about law and order it has allowed police numbers in Townsville to but, when it comes to delivering, in the 12 decline to even fewer numbers than they were months that it has been in office it has not at the time of the Mundingburra by-election. been delivering the police numbers and it is Mr Tanti interjected. presiding over an ever-increasing crime Mr BARTON: I hear the political pygmy problem. up the back rattling but, frankly, we do not I refer to Townsville. We remember have an improvement in Mundingburra. Mundingburra and honest Frank Tanti, who is Let us look at the promises of the last sitting up the back of the Chamber—the Budget. The Budget papers indicated an honest member for Mundingburra! Townsville's additional 800 police officers would be police-to-population ratio is 1 to 613. provided over the next three years. It repeats Gladstone's police-to-population ratio is 1 to the coalition's 1995 election promise of an 722. I have not forgotten what the member for additional 2,780 police officers over 10 years. Gladstone said during her speech under the However, the Police Minister did not even mango tree behind her office in February of indicate how many police would be provided in last year when she gave lack of police 1996-97 in the Budget papers. He was not numbers as one of the principal reasons for going to commit himself to something so tight tipping my colleagues and me out of office. in the Budget papers. That only appeared in We have in Gladstone one of the worst police- the press statement released by the Minister to-population ratios in the State and one of on that particular day. Even with the predicted the worst increases in crime levels. I am afraid separation rate of 3.5% to 4%, our that if that is what the member for Gladstone assessment is that, at best, the Government thinks is good politics, I must be somewhere can deliver 20 additional police officers this else. year and, at worst, using the Government's The police-to-population ratio in the north own figures, there will be a reduction of 12 coast region is 1 to 831; in Bundaberg it is 1 to police officers. The Government is promising in 969; in Toowoomba, it is 1 to 970; in the order of 40 additional officers, but we know Maryborough, which includes Hervey Bay—— that the separation rate is running at a far higher level than the predicted 3.5% to 4%. Mr Nunn: What was the promise? Therefore, our estimate is that there will most Mr BARTON: The promise was that we likely be a fall in police numbers this year and would have the best Police Service in the the Government's promise will not be kept. nation and that there would be very One other point really needs to be driven substantial increases in police numbers. home, because in question time this morning However, in Maryborough, including Hervey the arrogant Police Minister, who refuses to Bay, the police-to-population ratio is 1 to 878. answer questions, gave another example of In Toowoomba, it is 1 to 970; in Warwick, it is it—— 1 to 639. Mr Veivers: I am just writing a cheque The Warwick media, the Daily News, has out for your area for $6,000. picked up this issue. Last Friday, it referred to Mr BARTON: That is very good. My the Borbidge Government's promises that area will thank the Minister, because the fire Queensland's crime rate would be curbed by services people desperately need help, if that the provision of 800 more police and tougher is what it is for. penalties. It asked: so what happened? It has not happened. The people of that area are still Mr Veivers: No, it's for Noffke Park. waiting and they are getting very frustrated Mr BARTON: Noffke Park needs that about it. In terms of delivery on law and order, help, and I thank the Minister for it. 18 Mar 1997 Criminal Law Amendment Bill 523

The most important issue is that of police knocked out of the Budget on the two numbers. This morning, the arrogant Police occasions it had the chance to do so, firstly by Minister talked about how many trainees not building it and secondly by not reinstating would be graduating from the academies. its funding allocation following the capital However, the North West Star reported that a works freeze. police inspector in the Mount Isa district said A similar position exists with the very clearly that the number of graduate Queensland Corrective Services, which has no officers he will receive will not even make up hope of having enough available cells for the officers already lost from his police following the imposition of these new district. That is happening all over the State. penalties. Either the Leader of the Opposition We are hearing grand promises that so many or the shadow Attorney-General made the police officers will graduate from the Townsville point that in the Budget Estimates the Minister or Oxley academies and be sent to Mount Isa admitted that there was no allowance made or Maryborough, but in reality those graduates for prisons to have increased accommodation are only replacing police who have resigned, in view of the increases in tougher penalties retired or who are moving to other locations. and sentences that will result from the passing There is not a net increase in the number of of this Bill and the proposed new Penalties police who are actually being provided. and Sentences Act. The same issue exists with police regional budgets. We are told that this is a record The Bill is a fraud. It talks tough, but it is Police budget which has been increased by actually doing what the Government has done 7.3%, although that is lower than the last on law and order issues—promising a lot; Labor Budget which was increased by 7.5%. delivering nothing. However, that is not helping the service Ms SPENCE (Mount Gravatt) delivery end of the Police Service because the (3.46 p.m.): Today I presented the Office of average regional budget is only increasing by the Speaker with a petition signed by over 800 2.5% to 3%. In other words, it is barely Queensland women concerning these keeping up with the current inflation rates. In proposed amendments to the Criminal Code addition, the overall police budget was kicked and I understand that more petitions will be along because $19m in capital expenditure, presented to Parliament this week. The which was deliberately not spent in the first amendments to the Criminal Code are of half of the last calendar year when the particular interest to Queensland women. Of coalition jiggled its programs, was rolled over. great disappointment is the fact that the Therefore, there was an artificially high Police Government has rejected Labor's rewritten budget based on capital works, some $19m of Criminal Code and reverted to the Code that which was rolled over from the previous was written 100 years ago almost exclusively financial year. At a very high level in the Police by men. The petition makes mention of the Service, officers are telling us that they have fact that the laws concerning domestic not got the expenditure in real terms for violence and sexual assault effectively serve to regional service delivery which they need to do revictimise women who have already been their job. victimised. The existing Criminal Code makes it Even the capital works budget makes for very difficult for just outcomes to be achieved. interesting reading, because when he was in The petitioners have also been disappointed the west two weeks ago, Police Minister that this Government has not consulted with Russell Cooper said that the new Roma police women by working in these areas of law. Thus station would be given Government priority. I they recommend that the Queensland would like to nail this issue, because in the Government appoint a representative 1995-96 Labor Budget allocation was made to committee to review the Criminal Code with a build the station at Roma. That was one of the brief to consult widely and report back to the police stations not proceeded with due to the Government with a broad range of community capital works freeze which the coalition views. The committee should include sexual imposed while it reallocated its priorities. The assault counsellors, domestic violence Roma station was knocked out by the Police workers, Aboriginal and Torres Strait Islander Minister. It did not reappear in the 1996-97 women, women from non-English speaking Budget and, all of a sudden, because he was backgrounds and disability workers as well as forced to roam around in the west, his old lawyers and police. heartland, and because he knew I was When the Labor Government rewrote the coming, the Minister suddenly resurrected the Criminal Code, many women in Queensland importance of building the new Roma police contributed their time and effort to station—a project which the coalition had submissions that provided a gender analysis 524 Criminal Law Amendment Bill 18 Mar 1997 of the Code as well as a number of significant perverse decisions which have been recommendations for change. It is significant devastating to the victim. that under Labor the Women's Legal Service For some time, Queensland has been the was given funding from the Office of the only State in Australia not to have introduced Status of Women and the Women's Health legislation which removes the mandatory Policy Unit to assist its work. The book requirement of corroboration in sexual assault Rougher than Usual Handling and a second, cases. In failing to enact Labor's Criminal updated edition were produced as a result of Code, this Government has delayed this law that funding. Contrast that level of support and from taking effect in Queensland for over a consultation with the way that this Government year. Given the number of sexual assault has operated. cases dealt with by our courts in a year, the The group Women for a Just Criminal Government has allowed the perpetuation of a Code was not granted an interview with the law which makes convictions in these cases Minister responsible for the status of women. more difficult to obtain. Mrs Sheldon is ever willing to perform her One of the failings of the amendment Bill responsibility as Minister for The Arts at is in respect of prostitution. Interestingly, in opening nights, but her track record in meeting delivering its much-heralded changes to the with women's groups is disappointing. I Criminal Code, the Government has failed to acknowledge that the Attorney-General met amend Queensland's prostitution laws. Given with this group on one occasion. However, this the frequent and public pronouncements by does not compensate for the lack of attention the Minister for Police on this issue, one would such a significant lobby group has received have expected the Government to use this from the Minister with responsibility for opportunity to reform those laws. I will remind women's issues. members of Mr Cooper's words in a Courier- The exclusion of women from the Mail article titled "Vice bosses face law blitz". processes of law making in this country Mr Cooper said— continues today as it did 100 years ago when "We gave an election pledge to Sir Samuel Griffith wrote this Code. The voices review prostitution in Queensland and of women in our Parliaments and Cabinet that's just what we'll be doing." rooms are heard infrequently. The voices of women at the top levels of our bureaucracy He also said on many occasions that are next to non-existent and the Minister must Queensland's prostitution laws were not take his share of the blame for this. Women working. Mr Borbidge agreed with him. have not forgotten that, on taking on this Mr DEPUTY SPEAKER (Mr Laming): portfolio, one of his first actions was to sack Order! I remind the honourable member to the first female Director-General of the use members' correct titles. Attorney-General's Department and replace Ms SPENCE: The Premier, Mr her with a man. Furthermore, women's voices Borbidge, agreed with him. have not been heard in our courts. Therefore, today we debate changes to a Criminal Code Mr DEPUTY SPEAKER: Order! The that, for the most part, has been written by member will refer to Mr Cooper as the "Police men. Nearly a century later men are still Minister". legislating for women. Ms SPENCE: Last April, the Premier There are some positive aspects to the told the House that the legislation was amendments proposed today and I mention unworkable and that it was a joke. He also one of them, that is, the laws concerning said last April that the "new Government is corroboration. Of course, the Attorney-General committed to carrying out a review of the cannot take the credit for this amendment as it Labor Party's failed prostitution laws". The had been included in Labor's Criminal Code. Government has now had over a year to However, it is pleasing that good sense has change these laws which it finds unworkable. It prevailed and that this initiative has been kept. has had a year to make the changes and to Corroboration is the rule of practice whereby incorporate them into the Criminal Code. judges have always directed juries in sexual However, again it has failed to deliver. Its assault trials that it is dangerous to convict on performance in this Parliament stands in stark the uncorroborated testimony of the contrast to its public outcry about this issue. complainant alone. As Rougher than Usual The Labor Opposition has much to Handling points out, the emphasis on the criticise with respect to what is and is not in the need for corroboration of the testimony of Bill. Let us consider the amendments that the women and girls in rape trials has led to some coalition is proposing to the laws concerning 18 Mar 1997 Criminal Law Amendment Bill 525 incest. Currently, the offence of incest arises would seem that a clear definition of what when a man has carnal knowledge of his constitutes consent is given to our judges. Let daughter or other lineal descendant. Similarly, me remind members of a case that attracted the offence of incest occurs where any woman publicity in May 1993, when Judge Boland of permits her father, brother or son to have the County Court in Victoria exposed his carnal knowledge of her. These amendments personal views on women and sexual relations proposed today extend that definition to in sentencing an 18-year-old man who had include uncles, aunts, nieces, step pleaded guilty to a charge of rape committed relationships and relationships arising out of when he was 16 years old. The young woman cohabitation in de facto relationships. whom he had raped was 15 years old at the Therefore, a couple who are either married or time. The case against the young man was living in a de facto relationship could be found that immediately before the rape the young guilty of incest if one of each of their parents woman had said, "Stop it." During the subsequently formed a de facto or marriage submissions, the judge commented to the relationship. prosecutor— I am sure that many in our society would ". . . often, despite the criticism that has find Woody Allen's relationship with his adult been directed at judges lately about stepdaughter to be objectionable; but if he violence and women, men acting violently comes to Queensland, the Government will to women during sexual intercourse, it lock him up for life under these laws. History is does happen to the common experience full of examples of relationships that have of those who have been in the law as taken place between step siblings or aunts long as I have, anyway, that 'No' often and uncles and which have been successful. subsequently means 'Yes'." In some societies, it is common practice for a The survivor said that she had been through man to take as his wife the widow of his hell since the rape, that the judge's remarks brother. If members opposite look at the made her feel like the rapist was in the right lineage of the wives of Mohammed, I believe and that she had done something wrong by they would find cause to lock up the Prophet saying, "No." She also worried that other girls for life under Queensland's new laws. may not go to the police if they have been In saying that, I do not wish to give the raped or abused because of what this judge impression that I regard the carnal knowledge had said. There is no room to be complacent of minors as frivolous. In fact, the crime of about the formulation of jury directions by incest is regarded as one of the most serious judges. In one of the cases in the 1989 crimes in our society, particularly when it Victorian study, the following words were involves minors. However, we have laws used— concerning carnal knowledge that make these ". . . consent can be given verbally or by crimes serious offences. The amendments conduct, and often it may be by conduct. proposed today are, to quote the Law Society, Sometimes, and I do not say this in a "manifestly absurd" and stand to criminalise chauvinistic way, it is said that perhaps relationships that would not be regarded as some women may say one thing and act criminally or morally blameworthy by any in another way; that may or may not sensible citizen. happen, but I merely mention that to say I move now to an issue which concerns that the consent can occur either way." many women involved with improving our I am pleased that today, at the Committee criminal laws, that is, the issue of consent—a stage, the Opposition will be moving an central issue in rape trials. In these trials, the amendment to this Bill to correct this serious fundamental thing which must be proved by shortcoming in the legislation. I hope that the the prosecution is some form of sexual Attorney-General and his colleagues seriously connection by one person without the consent consider accepting the amendment that we of the other. Because there are frequently no will be moving on the issue of consent. other witnesses, the question of whether or I know that women's groups have lobbied not the woman consented involves a detailed some of the women members of the coalition. examination of exactly what occurred between Indeed, the member for Burleigh has been the parties. lobbied heavily by sexual assault workers on Under the Criminal Code, there is no the Gold Coast. They have told me that they definition of the term "consent" and therefore believed they received a reasonable hearing the common law is relied upon. It is important from the member for Burleigh. I was shocked that the issue of what is meant by "consent" today to hear that, as the first Government be clearly spelled out in our Criminal Code. It speaker to this Bill, the member spoke for only 526 Criminal Law Amendment Bill 18 Mar 1997 five or six minutes on the legislation and did "Relevant evidence of the history of not mention the issues of domestic violence, the domestic violence relationship rape, her attitudes, or the lobbying that she between the person and the person may have been undertaking with the Attorney- against whom the offence was committed General on these issues. I hope that the is admissible in evidence in the Minister's caucus colleagues have been proceeding." talking to him about these issues, because This provision was inserted in order to make it they have certainly discussed these issues clear to courts that they should have regard to with sexual assault workers in the community the background history of a domestic violence at large. relationship in considering cases where, for I move on now to the issue of domestic example, a woman was charged with killing violence and the issue of evidence in domestic her husband following a long period of abuse violence cases. Women who kill their partners by the husband. The provision in Labor's are most likely to do so in fear for their own Criminal Code reflected the law in the Queen lives, yet the construction of legal rules makes v. R. In that case the accused killed her it difficult for them to successfully argue self- husband by attacking him with an axe while he defence. Prior to their resorting to homicide, was sleeping. She was convicted of murder. At their attempts to seek help from police, her trial, provocation was withdrawn from the lawyers and other professionals have usually jury. At the appeal in the Supreme Court, been met with inadequate responses. A Chief Justice King observed— number of women's groups, particularly the "The deceased's words and actions Women's Legal Service and the Sexual in the presence of the appellant on the Assault Referral Service, have raised concerns fatal night might appear innocuous about the lack of reference to domestic enough on the face of them. They must, violence in the criminal law and to the plight of however, be viewed against the women who kill their partners following lengthy background of brutality, sexual assault, periods of abuse. A submission from that intimidation and manipulation." group states— I am pleased to say that the Opposition plans "Women who have often been to move an amendment in the Committee physically, psychologically and sexually stage so that Queensland's Criminal Code can violated over a number of years may not be brought into line with the case law of this react immediately to a provocative act. country. I urge all Government members to These women sometimes react some consider supporting this amendment, which hours after the last provocative act. The actually defines the evidence of domestic timing of women's actions are driven by violence in the Criminal Code. self-preservation and are influenced by Finally, I move on to the right for relative strength and other gender-based interpreters. The shadow Attorney-General has factors. already flagged that Labor will be moving an amendment in this regard at the Committee Violent men who have abused their stage. In consultation with community groups, partners often over a number of years our attention has been drawn to the need for and eventually kill their partners have interpreters to be provided for people of non- been able to successfully rely on these English speaking backgrounds. If we are defences because of the way the Code is serious about providing people with fair trials, framed and the law has historically been then interpreters should be provided for the practised. accused, witnesses and the victims of crime Once again, the current Criminal who view court proceedings. It is extraordinary Code is centred around the experiences that in our multicultural society this matter has of men who kill or are killed. Legal not yet received attention. Most of our defences of self-defence and provocation bureaucratic institutions now understand the are quite narrow in their application and need for sensitivity to linguistic problems and reflect the experience of a reasonable provide necessary assistance to overcome man. An important aspect of the defence those problems. is an issue of 'timing' or the 'suddenness' I urge the Government to support the of the retaliation." Labor Opposition's amendments recommending that the court order the Crown In Labor's 1995 Criminal Code, the Evidence to provide for an interpreter where the interests Act was amended to insert a new provision of justice require it. I understand that in the stating— present case a magistrate or a judge actually 18 Mar 1997 Criminal Law Amendment Bill 527 asks a witness a series of simple questions to one"—should be the victim of a crime, be it try to gain the witness' understanding of the theft, assault, break-in or any other invasion of English language, such as "What is your their safety. People who have had crimes name? Where do you live?", and because the committed against them pay for it for years, witness can answer those questions and many perpetrators tend to get off much magistrates often deem that interpreters are more lightly. Queenslanders have the right to not necessary. The courts are finding that feel and be safe and secure in their those simple questions are not a significant neighbourhoods, homes or at work, and this pointer to the extent of that witness' or that week sees a new dawning of safety for victim's linguistic abilities, and indeed it should residents in this fine State. be up to the victim himself or herself to say to Some 100 years ago the then Chief the court that he or she needs an interpreter in Justice of the Supreme Court of Queensland, that case of law. That is the kind of Sir Samuel Griffith, prepared the State's amendment we are moving as part of Labor's Criminal Code Act of 1897 based on the platform here. common law of the day. His work has, over the I urge the Minister to consider our years, had considerable influence not only on amendments to this Criminal Code. We have this State but also across the country and been out there consulting with the community. further. During its time in Government the In many cases the Minister has failed to Labor Party left Queenslanders of the 1990s consult with the groups which needed somewhat let down and unsafe, and of course consulting on these issues, and I point many were angered at the limp sentences particularly to the women's groups in meted out to the perpetrators of crimes during Queensland. The fact that there are over 800 this time. Cairns has recently seen media petitions today and more coming in the next coverage on the crimes in the city and outer few days should be a pointer to the Minister rural townships. Every town and city has that his consultation has been inadequate, certain crime rates, and Cairns is no different that women still have serious concerns about from any other in the State. Would that it the inadequacies of this Criminal Code and were. that they have no confidence that the Mr Schwarten: You said there would be amendments he is proposing today are going no crime under you people. to improve the Criminal Code for the women of Mrs WILSON: We did not say that we Queensland. would get rid of it. One never gets rid of crime; Mrs WILSON (Mulgrave) (4.04 p.m.): let us be realistic. Most Queenslanders will welcome the Community anger in Cairns was that repealing of the former Labor Government's those who committed the crimes did not pay Criminal Code, and I will touch on some of the for them, and the community strongly held a new inclusions proposed by the Minister. I say perception of crime that rogues who were "most" because those who will not applaud caught were not dealt with as they should be, these changes will be the criminals, the scum if at all. Under the new legislation, the changes of our society, the perpetrators of crime who will see doubling and in some cases trebling of have over the last few years been roaming our the maximum sentences for sex crimes, the streets with the knowledge that, if caught, they penalties for wilful damage, stealing and fraud would basically get off with a smack on the will be boosted, and children will be protected knuckles or a short period behind bars, by broadening the definition of "cruelty". possibly with early parole, or they would perform some given community service. Of note is the introduction of tough new Community service became somewhat of a penalties for a crime of the nineties, that of joke, as many of the offenders either did not torture. There would not be a member in this turn up at all or when they did they stayed for place who was not horrified and indeed a short time only and did no work. sickened at the torture of young Tjandamurra O'Shane in Cairns, who continues to receive Queenslanders have been waiting for this treatment, and also at the bashing of young week when they would see the fulfilment of a Cleis Norbury, who was attacked at night and promise by the coalition that perpetrators who is still receiving treatment and will also would pay for their crimes—in other words, if continue to do so. Fortunately, the fiend who they committed a crime, they would do the attacked the former has been gaoled whilst time. No-one tells anyone to commit a crime, the perpetrator of the horrific crime on the and whilst recognising that some perpetrators latter roams at large. This legislation provides commit crimes to fund drug habits or other for the new offence of torture, and in this reasons, no-one—and I repeat "no- regard I cite the Griffin case. The creation of 528 Criminal Law Amendment Bill 18 Mar 1997 this offence was considered appropriate after Just recently the Attorney-General and the case of Shane Paul Griffin, who was Minister for Justice, the Honourable Denver recently convicted of assault after torturing his Beanland, attended a community meeting I stepson with an electric cattle prod. The only arranged with members from the local charge available was assault, and the judge chambers of commerce in my electorate, sentenced Griffin to one year's imprisonment— Neighbourhood Watch, the police and the maximum—although it is noteworthy that concerned citizens who wanted to ask him just he said that Griffin deserved more. This Bill how they, as community groups, could cope increases the penalty for common assault with the gangs of young people who caused from one to three years. It also introduces a disturbances and violence in their townships new section for torture which may cover similar and who reacted with a "thumbs up" in cases to Griffin's in the future. The maximum response to any discipline. penalty for this new offence is 14 years. The Minister was constantly asked at that I want to touch on the section of the meeting about the leniency given to Criminal Code which deals with domestic perpetrators of crime and he soon heard the discipline. This is an important section of the community's perceptions of the situation, a Criminal Code which has existed since the situation which is intolerable to solid, Code's inception last century. Many people hardworking and honest citizens of today do not realise that they may, if they are Queensland. They told him that they were in charge of a child, discipline that child using tired of reading in the press about rogues who, force reasonable in the circumstances. Let me in their eyes, got off scot-free after committing state categorically that this does not—and I a felony. They were tired of young people repeat "does not"—allow child abuse, but it committing crimes, however minor, and not does allow for parental and teacher control paying back the community in some way, for and discipline. Having been involved in the instance, by actually doing constructive setting up of a community child abuse community work. They were relieved to hear committee, SCAT—Stop Child Abuse the Minister tell them that these things would Today—some eight years ago in Cairns, I change, that the coalition Government would would not condone anything which in the amend the current Criminal Code to ensure slightest way puts a child into an abusive that if people commit the crime, they do the situation. What does exist today are certain time. My constituents are no different to the groups in the community which would have rest of Queensland residents; they are simply parents believe that it is illegal to smack a fed up. child. That is not the case. A smack is far A new section in the Code presented by different from a physical assault which leaves the Minister deals with expert opinion and I a child bruised and bashed. I must admit that I turn to that now. This section is also a new intended to bring up my children without section which is very important from the point smacking them. That did not turn out to be the of view of the law and public safety. The case, and my children are okay. Whilst I will section ensures that if expert evidence is not moralise for any parents in their philosophy going to be introduced at trial—and this is very of bringing up their children, I feel strongly that pertinent to psychiatric evidence—then the discipline seems to be a quality that is fast other side must be informed. This section becoming rare in our society, and I believe arose because of the Attorney-General's deep that our young have suffered from this and our concern about a trial where psychiatric teachers have suffered from this in the evidence was presented by the defence which classrooms. the Crown could not test. In other words, the Discipline teaches our children and defence was able to ambush the Crown. This ourselves to take part in our community, to is really hindering the course of justice serve our community, to be good community because the community expects that a fair trial citizens and to order our lives so as not to will occur, and fairness is a right not only of the impinge on the freedom of others. It is our accused but also of the community to be duty to ensure that our children receive love protected from people suffering from a and guidance, and domestic discipline is not psychiatric illness which leads them to commit out of step with these sentiments. The section criminal acts. The proper way to understand a is being amended to insert the words psychiatric illness is to allow the Crown to test "discipline, management or control". I any psychiatric defence. This can only be understand that the Teachers Union done when the Crown has advance notice of commented that these words help clarify the expert reports which are intended to be relied provision. upon. 18 Mar 1997 Criminal Law Amendment Bill 529

Up until the 1970s it was a widespread person is responsible for writing the virus practice that the defence would alert the software and then allows it to spread by any Crown to a psychiatric report. In recent years, means to other computers, he or she will be however, the Crown has faced a psychiatric prosecuted. argument at the last minute. Psychiatric Where the computers are simply used as arguments cannot be considered a defence in a means by thieves to achieve their ends, the the accepted sense of the word. If an accused offences of stealing and fraud will also apply. is psychiatrically ill at the time of an alleged The alteration of information on public or offence, then commonsense demands that corporate records or the alteration of records the Court hears all the expert evidence which with intent to cause a detriment or to obtain a would be available if the Crown had notice of benefit for anyone will amount to a crime. With such a defence. The section is so worded as the widened definitions of "property" and to put the onus on the party producing the "record", such offences involving a computer expert evidence to make it available to the record will also come within the new offence of other side as soon as practicable. This should fraudulent falsification of records. prevent parties resorting to delaying tactics. Courts have held that confidential Technological advances have meant new information is not property. Other jurisdictions inclusions need to be made, and I allude to the section dealing with computer hacking and have altered the traditional meaning of misuse. The new section will contain three new property and created offences such as offences: firstly, a person who uses a restricted stealing of confidential information or an computer without the consent of the unlawful abstraction of confidential computer's controller commits a simple information. Although the definition of property offence and is liable to imprisonment for two in these amendments includes intangible years; secondly, if the person causes or property, the new offence will not depend on intends to cause detriment or damage or the concept of property but, rather, on the use of information, which can include the unlawful gains or intends to gain benefit for any person, access, manipulation, alteration, erasure, the person commits a crime and is liable to viewing and consequent use of confidential imprisonment for five years; and, finally, if the information. This is a sensible approach which person causes detriment or damages or recognises, and is up to date with, today's obtains a benefit for any person to the value realities in relation to the storage and of more than $5,000 or intends to commit an accessibility of information. indictable offence, the person commits a crime and is liable to imprisonment for 10 years. It is Some hackers are said to hack into a defence to any of the charges to prove that restricted computer systems for the mere the use of the restricted computer was intellectual challenge of achieving access and authorised, justified or excused by law. supposedly do so without any criminal motive. Unfortunately, there has been a rapid rise Nonetheless, the Interim Report on Computer in crime committed by using or abusing Crime and the Review Committee on the computer systems, networks and the Internet. Commonwealth Criminal Law recommended There has been a proliferation of computer the creation of offences relating to the viruses created and spread by cyber vandals. unauthorised access to data held in These viruses often cause the loss of Commonwealth computers. In 1989 these important data, coupled with the anxiety and recommendations resulted in the incorporation expense associated with the continual of Part VI A "Offences Relating to Computers" vigilance of protecting against data loss or into the Crimes Act 1914. Other Australian corruption and the constant updating of anti- jurisdictions have also introduced various virus software. The viruses have created an forms of offences. industry of their own. The new focus in the Today's society relies heavily on the Code is most welcome because it will deter security of computer systems, privacy, these criminals from causing loss or damage commerce, education and transfer of money. or gaining a benefit from the misuse of Indeed, almost every facet of life in the late computers. Also, it will assist the authorities to 20th century proceeds on a trust and a prayer adequately punish and deter these vandals that such systems are safe and secure. The who write and spread viruses. This section will next century will see technological advances not depend on proving that the offender which will most likely make all of us even more counselled or procured anyone to spread a reliant on computers. Intellectual challenges virus; it will suffice if a person causes a virus to and stimulation are no excuse for breaching be spread and to be installed upon or computer security, just as it is no excuse for otherwise affect a restricted computer. If a peering through the gap in a neighbour's 530 Criminal Law Amendment Bill 18 Mar 1997 closed curtains, opening his or her personal or Mr SCHWARTEN (Rockhampton) business file on a desk or locked away in a (4.20 p.m.): I rise to support the Opposition's cupboard, for working out how to start a car position here today, namely that of opposing without keys and taking it for a joy ride or this particular piece of legislation, simply on taking money from an employer because "I the grounds that it was unnecessary to just wanted to see if I could get away with it". introduce it and that it is a political stunt. It is a The challenge is there but it is just not right. brazen attempt to pull the wool over the eyes The Government can be commended for of the people of Queensland and to convince modernising the criminal law so that it will them that somehow, as a result of the serve the citizens well into the 21st century. passage of this particular Bill, they will be a lot There will obviously be further changes made safer in their homes. I believe that it is a in these sections as new technologies ruse—and a very cruel ruse—to try to convince emerge. That is the way that these laws are; people in this State that, by bringing in these we need to update them. laws and talking them up, somehow crime is In conclusion, I want to touch on going to go away. dangerous driving, which has become an The Honourable Attorney-General is important factor on our roads in this State. aware that the prime reasons for crime and Amendments are needed in this area of the the increase in the number of offences can be law because of the incidence of dangerous tied to the economic situation out there. As driving on our roads. The coalition's focus is on the now Attorney-General said in 1993, the trying to make our roads safer. The Bill places recession at that time had led to an increase criminality on the operation or interference of a in crime. So he is well aware of the causes of vehicle, not the driving. This is because crime. Yet I do not recall him ever attacking dangerous acts come in many shapes and the Federal Government, for example, when it forms and law-abiding road users need to be threw at least 300 people in Rockhampton out protected from dangerous criminal acts on our of work. I do not recall hearing one peep from roads. him about the abolition of many of the Just recently we had an horrific accident excellent labour market programs that were resulting in death in my electorate because introduced by the Federal Labor Government somebody might have rolled a stone into the and which have now been scrapped by this centre of the road. The resultant accident Government, therefore putting people on the caused one death and the admission of two hopeless end of the dole queue without any people to hospital. The perpetrators, if that skills or hope, and then wondering why they was the case, are still out there, but one life turn to crime. So let us not kid ourselves that, has been lost. Take, for instance, somebody by passing this legislation today, somehow who is in the passenger seat and who crime is going to cease to be a problem out suddenly pulls on the handbrake for a joke or there in the community. who does some other stupid act which I suppose that the irony of all this is that endangers others. Those people are now Government members have put themselves in made liable under this legislation. this position by blatantly talking up criminality The amendment also makes it an offence prior to the last election and making it one of to drive dangerously on private property as the cornerstones of the last election opposed to public places under the Criminal campaign. They were then forced to carry out Code as it is now. Why should not somebody a review, as a result of which they have who drives dangerously on private property cobbled together this piece of legislation which face the same consequences as somebody is basically a cut and paste of Labor's who drives dangerously in a public place? The legislation with some notable exceptions. word "dangerous" means exactly that: the Anybody who believes that, since vehicle is being operated in a manner members opposite have come to dangerous to others. This legislation will Government, somehow the world has become certainly enhance safety on our roads. I rosier in terms of justice in this State should welcome the commitment made by the look no further than the comments of a very Attorney-General in bringing the Criminal Law learned judge in Rockhampton on 25 February Amendment Bill to the Parliament for debate. this year. In an absolutely horrific case, which Queenslanders will also welcome the final he has been forced to put off because of the document after all members in this place have lack of capacity of the prosecution to put the brought their comments on the various case together, Judge Demack said— amendments for attention and deliberation. I "Queensland's criminal justice system support the Bill. was verging on serious chaos." 18 Mar 1997 Criminal Law Amendment Bill 531

He went on to say that delays were caused by backlog or the log jam of cases. The fact is shortages in resources. I have lost my glasses that he has appointed only two additional and I am finding it hard to read this. He said judges. So he has not even lived up to that that— promise. And he wonders why the people of ". . . the time taken to bring matters"— Queensland do not swallow his rhetoric. By and large, that is what this particular piece of Does anybody have a pair of glasses? I thank legislation is about. I cannot believe that Mr Foley for the loan of his glasses, but they members opposite, who found themselves on are not much better! I will have to do the best this side of the House because they had a that I can. couple of rotten apples in the cask, as it were, Mr Gilmore: Table it. would want to—— Mr SCHWARTEN: I will have to in a Mr Lingard: Do you have any idea why minute. He said—— you ended up over there? Mr Gilmore: Who wrote it? Mr SCHWARTEN: I have plenty of Mr SCHWARTEN: A journalist in reasons for that, and we have learned from Rockhampton wrote this newspaper article. I them. But members opposite have not can summarise it. I ask Government members learned from them. The fact is that, by to listen to this because they might learn reducing the sentence for a corrupt Cabinet something, although they are not particularly Minister, what the Attorney-General has interested in law and order. The judge was effectively transmitted to the people of saying that the resources that were made Queensland is that he has not learnt a thing. If available to the prosecution were so meagre I were him, I would fix that up in this particular that the case could not be prepared. It has Bill today and say to the people of now been put off yet again, and this has gone Queensland that, if Ministers go wrong, if they on for some 12 months. get on the take, and if they get that brown paper bag disease that they had some years This was a particularly horrific crime in ago, they ought to be treated at a higher level which the accused allegedly shot his wife in of seriousness than a kid who has gone the back with a shotgun in a hotel in central berserk with a spray can. I just cannot Queensland. The judge was saying that the understand why the Attorney-General would longer one puts this off, the greater the have reduced that particular sentence. He chance is of no conviction being recorded. cannot say, "We are going to get tough on That is simply because of the torment that the crime" and then exempt the politicians of this delay causes the witnesses and their difficulty State. He just cannot do that, unless he has in remembering. That is a reasonable position some motive or a Nostradamus-type belief for the judge to take. So when people of the that some of his mates might end up in the calibre of Justice Alan Demack are saying peter again and he is trying to look after them. these sorts of things, I do not believe that the I really do not know why he has done this. imprudent comments made by that Attorney- General's staffer about this case—more or less The real absurdity in all this is that the indicating that the good judge did not know Attorney-General is bringing back all that what he was talking about—help us to solve nonsense about witchcraft, sorcery and this problem. conjuring. I get around Rockhampton a fair bit, but I have not noticed any rampant witchcraft I ask the Attorney-General to cast his being practised in the mall in Rockhampton. I mind back to when he was on this side of the do not notice sorcerers camped outside the House. This is where the hypocrisy comes into airport. I do not have fortune tellers bailing me all of this. In 1993, he said— up in the street as I go about my daily "The courts are already bursting at business, trying to read my palms and impart the seams with cases that have been some sort of dubious advice to me as to what brought on by a whole host of situations my future might hold. But I can give members created by the Labor Party." the drum. One does not need to be a fortune The very same statement is being made teller to know that Government members are about him today—not by us but by one of the in a lot of strife. If they witnessed what State's own judges—yet he sits there like a happened last weekend, they should take stupefied sand crab, mute and absurd, stock of their position. ignoring what I have to say. He said that more Why would such an absurd piece of judges should be appointed. During the nonsense be included in this legislation? election campaign he said that he would Basically, it is not a problem out there. There appoint five more judges to deal with the are far more serious crimes being committed, 532 Criminal Law Amendment Bill 18 Mar 1997 and the causes of those crimes are virtually Castorina case, which the members opposite going undetected. The court system is already exploited brazenly for their own political gain overburdened, and the Government is doing without much thought for the families nothing about it. Yet to make people think that concerned. The members opposite made all it is somehow getting tough on crime, the manner of statements. I remember Mr Government is going to lock up all the witches Borbidge saying that he would want the right in this State. to pick up a gun to defend his family. Mr Ardill: All of them? Members can correct me if I am wrong, but I believe that it was the current Minister for Mr SCHWARTEN: If it does, we would Police who said, "You should be allowed to need a big gaol. Some of them might not be shoot them on sight if they come into your actual witches by definition, but their actions house." At that time, the response was to ask would prove otherwise. We would need a lot of whether shooting the Avon lady or members stakes out there. Next the Government will be of the Salvation Army when they were tying witches to the stake and people will be doorknocking would be an offence. What piling wood around their feet. members opposite said to the people of I cannot understand why the reference to Queensland at that time was that they would organised crime has been deleted from the make it lawful for people to shoot those who legislation. If it is the case that the Attorney- came into their home, and that they would not General did not think it was quite tough face any form of prosecution as a result of that enough or relevant enough, then the shooting. Many people who have not thought challenge to the Attorney-General was to that through believe that that is okay, that is, if make it tougher and more relevant. But I a person comes into one's house, one ought honestly cannot believe that he has chosen to to be able to blow that person's head off. I do actually get rid of a reference to what is rapidly not believe that any reasonable member of becoming the greatest cancer in this State, this place would suggest that that would be namely, organised crime, especially in the good law. Labor's Criminal Code stated that drug industry. Whoever gave him the advice to such action ought to be tested to determine do that should be given the bullet. whether or not it was reasonable. As for unlawfully interfering with an If one wanted to put one's mind to it, one election, which was included in our Code—and could think of a number of situations in which this is another reason why we are opposing a person could be innocently killed, and as a what the Attorney is trying to do today—there result no-one would face charges. Of course, does not appear to be any reference in this members opposite did realise that. That is legislation to section 196, which states that a why, in their so-called "getting tough on person must not unlawfully do an act with criminals", there is no evidence of members intent to interfere with the lawful conduct of an opposite taking that path. It would be very nice election or improperly influence the result of an if the Attorney—and all those others who ran election. The penalty was seven years' around saying that it would be all right to take imprisonment. Why in the name of fortune a firearm to anybody who came into one's would that be knocked off? Why in the name home—to explain why it was wrong, bad of fortune should that not be a major criminal politics and, in my view, hypocritical politics to offence in this State carrying that sort of proceed to run that line throughout the penalty? Effectively, that is the crime of election campaign. There is no suggestion robbery: it is a theft from the people of this whatsoever that what the Attorney is State of their constitutional and democratic proposing in this legislation will do anything right to vote in elections and to have their more—in fact, it could be argued that it will do votes treated fairly. I cannot believe that the less—than what was proposed under Labor's Attorney has stripped away any reference to Criminal Code, which, of course, the coalition that particular section. I know that the refused to implement. Government experienced a bit of strife The speaker who preceded me in this surrounding the Mundingburra campaign, but I debate referred to "doing the time for the believe that going to this extent is somewhat crime". If ever there was a hackneyed saying, overenthusiastic. that is one of them. It is so simple to say but I am very interested in the home invasion so impossible to do. The truth is that the issue. In all seriousness, I believe that that is a judicial system in this State is charged with dreadful crime. It is dreadful to think that making that judgment. In many cases, if not people, sitting in the innocence of their lounge most of them, that judgment is passed after a room, can have other people enter their house person has been tried by his or her peers. For and ruin their life. I remember well the anybody to suggest that, by passing these 18 Mar 1997 Criminal Law Amendment Bill 533 laws and even increasing penalties, the judicial wear the consequences of that politically at system will take any further note of it, is the next election, because they promised untrue, misleading and dishonest towards the something that they knew at the time they people of this State. I caution members could not deliver. They deserve to pay the opposite to stop the Dutch auction in relation penalty for that. They did the crime and they to penalties and to stop saying that, if we keep will do the time. increasing penalties, crime will stop. Mr CAMPBELL (Bundaberg) A couple of years ago, I was in Shanghai (4.39 p.m.): The major emphasis of this when 28 prostitutes were lined up in the street Criminal Law Amendment Bill is heavier and had their heads blown off. The next week, penalties for crimes. Over the past three years, another 50 were lined up and shot. I cannot we have had more gaolings—a 66% increase think of any harsher penalty than to cop a in the number of prisoners—and yet the crime bullet behind the ear, yet people continue to level has climbed even higher. Other countries commit that crime. If one visits Saudi Arabia, have adopted the "Three strikes and you are one will see people with their hands cut off out" approach and have tried truth in because they have been stealing. I believe sentencing. However, those measures have that that is a pretty harsh deterrent, but the not worked effectively. There is nothing to say crime seems to continue. On a daily basis, that these tougher penalties are going to work. people in Singapore continue to be flogged, We are going to need a whole range of yet every week more floggings occur. measures to ensure that we overcome crime. I Resources should be provided at the soft end know that the Police Beat initiative, which was of the crime. introduced by Labor, has been accepted by Any people worth their salt who have the public. I hope that that initiative is studied criminology will say that Year 1 continued. teachers can predict who will become guests However, the concern that is expressed to of Her Majesty in 20 years. We should not me by ordinary people about the legal system allow those people to continue through the is the time that it takes for cases to go to system and simply say that the system will court. As the member for Rockhampton said, work because we have increased penalties a judge has indicated that the courts are and we will deter people from committing bursting at the seams. So if we impose these crimes and they will do the time if they do the heavier penalties and offer less flexibility, more crime. Generally speaking, once these people defendants will go to court and they will plead are on the conveyor belt that runs through our not guilty because they have nothing to lose. correctional institutions, society washes its My major concern about what we are doing hands of them until they end up behind bars. today is that we will put greater pressure on Members opposite can sit here and make the the court system. The longer and longer it will harshest laws in the land—they can even take for people to wait until they have their day advocate cutting off people's hands for in court will not only be to the disadvantage of stealing and locking up people for spraying the the victims but also to the disadvantage of the sides of houses with graffiti—but talking tough defendants. and telling the people of the State that they do not have to worry about crime because we A major aspect of the changes to the have this you-beaut Criminal Code that will Code that are contained in this Bill relate to solve all of our problems will not stop the crimes against children. The Bill places great vicious circle of crime. I will have a little bet with emphasis on what I can only describe as the Attorney-General: crime will continue to disgusting and vile crime. I have to say that increase this year just as it did last year, the activities of paedophiles, which are despite anything that the Attorney puts before highlighted by this Bill, occur in all parts of the Parliament today. I challenge the Attorney Queensland, including country Queensland. to say that he knows that this legislation will There has been lots of talk but very little action not stem the flow of crime in this State. about it. While that is occurring, the children suffer. Parents have expressed their grave Mr Fouras: Of course it won't. concerns for the safety of their children and Mr SCHWARTEN: Of course, it will not. the lack of passion and response by the police But the reality is that that is what members and the legal system. In some cases, it has opposite promised before the last only been through the media that action has election—that life would be better under them, been taken by authorities. In New South that people would be safer in their homes and Wales, Franca Arena, who is a member of the it would be a safer State in which to live. That Legislative Council, had to name Justice was simply not true. Members opposite will Yeldham. She took action that the police and 534 Criminal Law Amendment Bill 18 Mar 1997 a court of inquiry would not take. Also, former The police interviewed the girls (ages Chief Justice Sir Lawrence Street could not 11 and 12) for four and half hours. During remember when allegations about Justice that ordeal the police were compelled to Yeldham were made to him. Franca Arena's treat the children roughly, as if the parliamentary revelations exposed the cover- defence lawyer were picking at their up and actually caused the disbandment of stories. The officer was only doing his job, the New South Wales Special Branch. So it is he had to be rough because in a court of very important to note that sometimes the law, there are no holds barred." legal system and the police system do not What a shameful thing to have to say work. about our children who are the victims—"no I want to cite two cases in which I believe holds barred". I say to the Attorney-General the system and the authorities have not that I think that it is time he made certain we reacted in a truly responsive manner. It has looked at that matter. After conducting further only been through articles published in the investigations, I have even been told that News-Mail that I hope that action will be taken some judges allow defence lawyers to be to protect children and the concerns of parents rougher on the kids than do other judges. The will be listened to. On 12 March in the News- victims suffer more if their cases are heard by Mail, a letter to the editor titled "Attacker won't certain judges. In time, if we do not see some face court" stated— changes, perhaps those judges should also "Three weeks ago we were called to be named in this Chamber. our children's school to attend a meeting Mr Cooper: All of us should. That has with the school principal and our been the system for yonks, and admittedly, in daughter. We were quite puzzled by the many cases, wrong. I think that all of us have interview however we had a chance to talk got to look at that. It is not a case of "all of a to our daughter beforehand. sudden". She broke down and informed us Mr CAMPBELL: The letter continues— she had been sexually harassed by a man (of prominent standing from our "Following his interview he pulled us community)." the parents aside and said yes surely something had happened but the children The incident occurred in a small town outside weren't strong enough witnesses to stand Bundaberg. The letter stated further— up to court room bullying, because of this "During the interview and what no further action could be taken other followed the subsequent became known than a stiff talking to by them to the to us: perpetrator. There were four girls involved in the Three weeks on the police have still sexual harassment. not interviewed the fellow, even after A teacher had discovered the three prompts by myself this week . . . problem during a sex education class. He sometime . . . if ever." immediately told the girls he would have Today, I ask the Police Minister—and I will to inform the principal and separated the provide him with the name and identify the girls, to the four corners of the room, to area in which this happened—to ensure that make their own independent statements." proper investigations take place. I think that, if They took the right action immediately. The that kind of protection cannot be given to letter stated further— children, we should all stand in this place and "Upon collecting the statements he say that there is something wrong with the took the girls to the principal's office where system. What further infuriates me is that the they again related the events and actions of that supposedly prominent person confirmed their statements were true and in this small country town have been going on correct. on an individual and conjoint basis for more than a year. I ask the police to make certain The meeting with each of the that that matter is followed up. I will be giving parents, who came for the interview, (only that information to the Police Minister and to two families of the four involved came the Minister for Families to ensure that forward) took place. progress is made. If it is not, I will be taking The two families decided to take the further action in this Parliament. Three days matter to the police. An interview was set later, the News-Mail published a letter in up for the following weekend. response to that first letter. It states— 18 Mar 1997 Criminal Law Amendment Bill 535

"In September of last year my eight revulsion each time I pass by this person year old daughter told me she had been and the rage that builds up within me." sexually assaulted. You can understand It is even harder for people in country towns, my horror and utter revulsion that my child because they can face those perpetrators had suffered something of this nature. again and again. My husband and myself went with Marianne James of the Australian my daughter to the police and were very Institute of Criminology has presented a good proud of her for giving her statement paper on paedophilia, an issue in regard to solely by herself, without either of us which I believe we need to take an holistic being there. We assumed that because approach. In that paper, she concludes— of the nature of the alleged assault, that the accused would be interviewed within a "Paedophilia is part of a very short period of time. complex web of deviant sexual behaviour which is specifically directed towards the I understand that the police, sexual abuse of children. The sexual especially the Juvenile Aid Bureau, are abuse of children, in turn, is one element extremely busy. But I can't understand of child abuse which also includes why, after almost six months since my physical and emotional abuse. All forms child gave her interview, that the accused of child abuse can result in later social has yet not been interviewed." problems such as youth homelessness, After finding out more information about this childhood prostitution, juvenile offending, matter, the concern that I have is that the mental health problems, and drug and alleged perpetrator has done it before. In the alcohol abuse and the inability to form six months since this matter has been relationships. Its antecedents include the reported and the perpetrator has not been attitude of our society to children, to sex interviewed, the police have had to get reports and to violence, as well as the effects of from Brisbane about other possible cases childhood experiences. Although involving this same perpetrator. appropriate sentencing and treatment I ask: where are the resources, or is there programs are a necessary part of the a lack of resources that prevents the police criminal justice response to sex offenders, from being able to take action in these cases? programs which prevent all types of child I believe that we have to look at this matter. If abuse need to be coordinated at a the police are too busy to take these national level and then implemented at statements because there are not enough State and local government levels." officers on the ground, we have to make I urge parents to make certain that they certain that more are provided. listen to their children and, if they do not get Mr Ardill: I can go one further than that: the necessary compassionate and caring when that goes into court, the complainant response from the police, to go to their probably won't get legal aid because the Legal member of Parliament so that we can ensure Aid Office will tell them they can't afford it that the perpetrators pay. If action is not taken because the Government has cut off their in the appropriate manner, I will raise the issue in this House to ensure that those perpetrators money. do not go unpunished and are not allowed to Mr CAMPBELL: That is going to cause remain on the streets of Queensland. more concern, especially for the victims of Ms WARWICK (Barron River) crime. In effect, they are being made to pay a (4.52 p.m.): I rise to support the amendments greater penalty than the offenders. I am going to the Criminal Code. As most honourable to give to the Police Minister the information members would be aware, in Cairns the law that I have about these two cases, and I hope and order issue has enjoyed wide exposure, that he will follow them up. mainly through the media—some of it It is important that our children are safe. exaggerated and some not. Unfortunately, the The letter concludes— situation in my area has become "I can truly feel for the parents of the misrepresented because of the large number school girls, but how would they and other of indigenous homeless. I am not making any parents feel if after six months they are judgments about the situation; I merely still waiting for the accused to be mention it because it is a factor. interviewed, let alone having to see justice The problem of homeless people is served and the perpetrator go to court. presently a huge social issue. For whatever Just imagine the utter disgust and reasons, unfortunately indigenous people 536 Criminal Law Amendment Bill 18 Mar 1997 mainly from the cape communities choose to was an horrific road accident, which my live in the parks and along the Esplanade in colleague the member for Mulgrave the Cairns CBD. I use the word mentioned, as it occurred in her electorate. It "unfortunately", because the majority of these is alleged that somebody placed a large rock people are intoxicated and tend to fornicate, on the road, which caused a car to crash. One defecate and urinate in public places. person died and some of the passengers Obviously, many people, both locals and received very bad injuries, including one lady visitors, find this behaviour offensive, which is who lost an arm. understandable. The local people expect the There are a couple of hot spots in my police to take some action to remove the electorate of Barron River where youths tend offenders. However, the locals see the to gather to vandalise property and terrorise indigenous people as receiving special residents, which is unacceptable behaviour. As treatment and consideration, and they I have said in the media and will repeat in this maintain that if the offenders were white then place: parents should accept the responsibility they would quickly end up in the watch-house. for a lot of the actions of young people, but, Of course, this leads to an element of racism unfortunately, they do not, as is evidenced by being brought into the equation, with a the rates of vandalism in my area and the backlash against indigenous people. That is all number of homeless young people on the very understandable and I feel great sympathy streets of Cairns. Many representations have for the people who are exposed to such been made to my office regarding such offensive behaviour, to say nothing of the unacceptable behaviour. Residents are feelings of helplessness that I feel about the concerned that they cannot enjoy the situation regarding the indigenous homeless. pleasures of Cairns, such as taking their People are attacked as they walk along families to the park or walking along the the Esplanade or in the local CBD area, and Esplanade, because they feel that they are lot of the time the attacks are by those going to be attacked. intoxicated people. As I said, that affects not The National/Liberal Government has only the locals, who feel they cannot take their taken the problem of homeless people out of children down to the parks or go for a walk at the too-hard basket where it has been lying for night, but also tourism. Tourists return to their many years, and has had a good look at it. homes and talk about the problem that exists We have provided land and money for a night in Cairns. It is a huge problem in my area. shelter to be built and recurrent funding will be Mr Schwarten: Will this Criminal Code available to enable that shelter to function. I fix it up? know that this will not solve the problem of Ms WARWICK: I would ask the homeless people entirely, although it is a start. honourable member to wait just a minute. At least we will be able to offer homeless people a shelter for the night other than the I mention the problem of homeless local watch-house. people because the issue is being used by the media and others to muddy the waters when The people of my area are getting fed up speaking about law and order problems in my with the penalties that have been handed area. In addition, we have had and continue down to criminals and, therefore, most are in to have a spate of criminal activity which favour of the proposed changes to the includes rapes, muggings, violent bashings Criminal Code. Those changes are being and, unfortunately, murders. I know that this received very favourably. At my invitation, the happens all over Queensland, not just in Attorney-General visited my electorate and Cairns. However, lately a couple of high-profile listened to the concerns of people who cases have catapulted Cairns into the media appreciated the fact that he is going to bring in spotlight. Firstly, I mention Cleis Norbury, a tougher penalties. The Attorney-General spent young lady who was bashed violently and left an hour and 10 minutes on a local talk-back to die one Saturday night. I understand that radio program and received overwhelming she is receiving rehabilitation at the moment, support for changes to the Criminal Code. but, unfortunately, she has to go back to the I am not naive enough to believe that beginning and learn to talk, eat, walk—the these changes to the Code will solve our law whole box and dice. Of course, there was also and order problems entirely. Many measures the very high-profile case of Tjandamurra need to be put into place to get results and O'Shane, which I do not need to tell anyone the Liberal/National Government is committed about. The media has adequately covered to making a difference and doing the hard what happened when Tjandamurra was set slog. We will do that with a whole-of- alight in his school grounds. Recently, there Government approach. We cannot just say 18 Mar 1997 Criminal Law Amendment Bill 537 that we need more police, we need this or we commit an indictable offence. The maximum need that. We need a whole-of-Government penalty will be 14 years' imprisonment. approach and a whole raft of measures. Further, any person who enters or is in the These changes will certainly go a long way dwelling of another and commits an indictable towards restoring public faith and confidence offence therein is guilty of a crime and is liable in the political process. We promise strong to imprisonment for life. If the offender enters measures and we are now prepared to put our the dwelling by means of any break, he or she money where our mouth is. is liable to imprisonment for life. Finally, if the I congratulate the Attorney-General on offence is committed in the night, or if the the changes. Lots of offences will attract offender uses or threatens to use actual greater penalties, and that will be appreciated violence, or is or pretends to be armed with a by constituents. For example, I refer to the dangerous or offensive weapon or instrument offences of threatening violence and in or noxious substance, or is in company with particular threatening violence at night, the one or more other person or persons, or penalty for which will increase from two years' damages or threatens or attempts to damage imprisonment to five years' imprisonment. For any property, the offender is liable to common assault, the penalty will increase from imprisonment for life. one year to three years. Unfortunately, there If a person has been found guilty of an tends to be a lot of sexual assaults in Cairns. indictable offence, whether or not a conviction The penalty for that crime will increase from 7 years to 10 years. In respect of sexual has been recorded, if that person suffered loss assaults where a person is armed, the penalty or injury in or in connection with the will increase from 14 years to life commission of the offence, that person shall imprisonment. Again, we have a lot of break have no right of action against another person and enters in Cairns. The penalty for stealing in respect of the loss or injury. There will be a will increase from three years to five years. For lot of cheers for that provision. There will also stealing with a circumstance of aggravation, be some clarification and broadening of the the penalty will increase from 7 years to 10 defence so that it is lawful for any person who years. is in peaceable possession of a dwelling and for any person lawfully assisting or acting by A new offence of stealing a firearm for the authority of that person to use force in use will incur a 14-year penalty. The penalty order to prevent or repel another person from for wilful damage at night will increase from three years to five years. Another honourable unlawfully entering or remaining in the dwelling if the person using the force believes on member mentioned graffiti, which is also a reasonable grounds that the other person is problem in my electorate. Public toilets in my electorate have been vandalised twice. It is attempting to enter or to remain in the dwelling the local people who have to pick up the bill with intent to commit an indictable offence in for the repairs to those toilets. Graffiti, obscene the dwelling and that it is necessary to use or indecent, will attract a penalty of seven such force. years' imprisonment. Damage to an One question which may be raised is educational institution will also attract seven whether a person is barred from bringing a civil years. Again, that is a common problem in action or from seeking criminal injury most of our electorates. compensation if the householder uses I turn now to another area in which there unreasonable force. This question or any other will be changes. These changes are timely statement concerning the use of reasonable and will be very well received. The member for force potentially shows a misunderstanding of Rockhampton also mentioned this issue. I the law even as it stands currently. The refer to the crime of home invasion. Most replacement section does little to change the people are horrified when their home is law. It simply clarifies the existing law and adds invaded and even more horrified because they the reference to repelling an intruder. feel that they do not have any protection; if However, on the question of reasonableness, they do harm an intruder, they can be the current and proposed new sections require charged. We have looked at that issue, and not that the force actually used be reasonable these amendments are very much in favour of but that the person using the force believes on the rights of the householders and present a reasonable grounds that the other person is strong and clear package of law reforms attempting to enter or to remain in the dwelling dealing with the issue of home invasions. with intent to commit an indictable offence in This Bill will make it a crime to enter or to the dwelling and that it is necessary to use be in the dwelling of another with intent to such force. 538 Criminal Law Amendment Bill 18 Mar 1997

That should give maximum protection to Previously, I have spoken in the House an unfortunate householder faced with an about the graffiti problem not only in my intruder in his or her home. Whether a belief is electorate but also in a number of other reasonable will depend on all of the objective electorates. The Bill before the House and subjective facts with which the person is proposes to increase the penalty for graffiti faced at the time the person acts. The new offences from five years to seven years. law will not deprive innocent citizens and However, I suggest to honourable members bystanders of their legal rights. It is only those that that in itself will not be enough to deter who are convicted of an indictable offence graffiti vandals. Police officers who deal with who will lose their right to sue the householder this offence tell me that the main problem is who acts to protect his or her life or property or that the graffiti is caused by juveniles and, as someone else. such, they are not able to be locked up in gaol The courts have held that in defending for the same lengths of time applicable to one's home a householder need not retreat. If adult offenders. Therefore, increasing the in the course of committing a burglary or penalty for graffiti offences from five years to assault upon an innocent householder a seven years will not solve the problem we criminal is injured by the use of what in the face. light of day may seem excessive force, it will My electorate is very old and, over the have been self-induced if by the criminal's own years, people have renovated their homes action he or she induces in the householder a and so on. Only recently, in one area in reasonable belief that the degree of force was Shorncliffe young vandals went on a rampage. required to prevent or repeal the criminal from Every house, fence and every car parked on entering or being in the dwelling. the road over a distance of 300 metres was The 1995 Code was going to provide that vandalised. The damage was quite sickening. the householder who reasonably believed that It was the people who own those properties a person was attempting to enter or remain on who had to pay for the repair of the damage premises could use reasonable force to stop caused by these graffiti vandals. or remove the person. That would have placed I have been unable to find figures for the an intolerable burden on the householder cost of removing graffiti in Queensland. faced with an intruder who may not have However, I have been able to obtain some much time to stop and to contemplate figures in respect of the New South Wales rail whether the force he was about to use could authority. In 1986, removing the graffiti from its be regarded as reasonable by any ordinary trains was costing in the vicinity of $5m per person. Also, it is interesting to note that the annum. In 1989-90, Victoria's rail authority is current Code allows, and has always allowed, estimated to have spent $17m on removing the setting of mantraps only in a dwelling and graffiti from trains and stations. One would only at night for the protection of the dwelling. assume that the figure for Queensland would The 1995 Code would have allowed the be in the range of $5m and $17m. Obviously, setting of deadly traps at any time of the night given those figures, drastic steps need to be or day. That would have been a totally ill- taken in order to curb graffiti vandalism. conceived and irresponsible vigilante support I am aware that various States have tried mechanism. a number of methods to combat this problem. As I said, we have adopted a whole-of- Legislation is not necessarily always the Government approach to the issue of law and answer, and one must accept that fact. A order. No one measure will solve the problem, voluntary code of practice for retailers has but these amendments will go a long way been introduced in some States. It has worked towards doing so. Therefore, I support these in some areas and in other areas it has not amendments and congratulate the Attorney- worked. I believe that retailers in Queensland General. need to take some responsibility in terms of Mr NUTTALL (Sandgate) (5.07 p.m.): controlling the sale of spray paint, polishes, This evening I wish to touch on a number of shoe dyes, large felt tip pens and other issues in relation to the Criminal Law materials that are used by graffiti artists. There Amendment Bill. Firstly, I wish to speak about are a number of ways in which they can play a the problem of graffiti. role in preventing the sale of such products to young people. But if they are not prepared to Mr Schwarten interjected. do so on a voluntary basis, then we need to Mr NUTTALL: I thank the honourable legislate to ensure that they do. In Western member for Rockhampton for his kind Australia, South Australia and the ACT a code comments. of practice for retailers was implemented. That 18 Mar 1997 Criminal Law Amendment Bill 539 was done in conjunction with the Government programs. The widely held view is that if and the small enterprise associations and the people are employed they feel that life is worth retail traders associations. So it would appear while and that they can contribute to their that some States and Territories are looking at community. However, if people are ways of combating the problem of graffiti. unemployed and feel that there is no hope However, as I said, sometimes it takes they may resort to crime, and that indeed is a stronger measures. shame. We have a responsibility to address In 1995 we as a political party went to the that matter. The State Government has people with a policy regarding the sale of abolished $13m worth of programs which we spray paints and cans. We sought to establish calculate would have created something like a code of practice which prohibited retailers 21,000 job opportunities. I am not saying that from selling spray paint to persons under the each of the 21,000 people who will miss out on those jobs will be out there committing age of 18. I am asking this evening that the crimes, but some of them will because, as I Attorney-General take that concept on board. I said, they will feel that they have no worth in believe it is a worthwhile initiative. The policy our community. went further than that and went on to say that purchasers of spray paints were required to Rather than spending money on prisons, provide proof of identity and of their age and are we not better off spending money on job had to sign a register, which is not dissimilar to creation in an attempt to stop crime before it what people are required to do when they buy starts? Is it not better to take a pro-active poisons. Therefore, if a person wants to buy a approach to the crime problem? I have just can of spray paint, they must be 18, they commented on the State Government. The need to prove how old they are and they need Liberal Commonwealth Government has cut to be prepared to sign a register. Retailers $1.8 billion worth of programs, resulting in need to play a role in that process. In addition 200,000 job or training opportunities being to that, we were going to require that retailers lost. It is false economy to say that that money store full spray paint cans in secure areas in will be saved, because somewhere along the order that they could not be stolen by shop line that money will end up being spent—on thieves, so that the only spray paint cans that our courts, on employing more judges, on they should put on display would be empty employing more police and on building more cans, simply there for display purposes. prisons. That is where the money ends up Although those measures will not completely being spent. We are taking with one hand and solve the problem, they are certainly worthy of spending with the other. Those issues need to consideration. As this issue is of concern to be addressed. the community, I ask the Attorney-General to I turn now to police numbers. On a have a serious look at those initiatives, even number of occasions the Police Minister has though they were put forward by us as a indicated that the Government intends to political party back in 1995. increase the number of police in Queensland. Most community members are disgusted While that is a noble cause, the reality is that and outraged by graffiti. It is unfortunate that police numbers have not been substantially some of it is obscene, but, more importantly, it increased since the coalition has been in is destructive. We as parliamentarians need to Government. Indeed, last July the intake into examine the problem and see what we can do the Oxley Police Academy was cancelled. The to assist. As I said, voluntary codes of practice separation rate of members of the police force have been established in some States. I do has increased, and it is now in the vicinity of not believe that they go far enough, and I 4%. Although that would not appear to be a think that we should go further in attempting to substantial figure, it is significant when we are combat graffiti. I am seriously hoping that the losing police officers who have been trained at Attorney-General will consider the matter. As I great expense. Some of the reasons for the have said, increasing the penalty from five to high separation rate include the perception seven years does not solve the problem that there are cuts in overtime budgets, that because most of those who commit the some of them are missing out on their 19% offence are juveniles. Therefore, we need to shift allowance and that they have increased consider alternative measures and we must workloads and, consequently, increased aim to solve the problem at the source, and stress. Obviously, those are issues that the the source is obviously the retailers. Police Minister and the Government need to address. We should be aiming for a greater The next issue I want to touch on is the retention of our good people in the police cuts made by both the State and Federal force. I believe that they do a great job. It is a Governments to employment and training shame to see people embarking on a career 540 Criminal Law Amendment Bill 18 Mar 1997 in the police force and then leaving for all introduces it, it is okay. We will leave that to those other reasons. I certainly hope that the people of Queensland to judge for those matters can be addressed. themselves. Community policing is probably the most The other matter which concerns me effective form of policing. In areas in which greatly is assaults committed on elderly or there is a large and visible police presence, disabled persons, because a number of aged crime rates decrease. We must aim to give our and disabled people live in my electorate. Of police a worthwhile career to ensure that they course, everyone would agree that they are do not want to leave the force and, in turn, society's most vulnerable people. The hopefully we will have a better quality police Government has forgotten those people in this officer who will assist in reducing the level of legislation. Section 114 of our Criminal Code, crime. In January 1996, when Labor was in which we introduced in 1995, included a Government, we announced the provision whereby if an assault was committed implementation of police beats or the old on a person who was over the age of 60 or village cop concept in which police would be was disabled then that was considered to be a on the beat and police officers actually live circumstance of aggravation and the penalty and work in a defined area. Those police was increased from three years' imprisonment beats were initially to be introduced in Cairns, to seven years. The Code that is before the where four officers were to be stationed—and House this evening leaves the penalty for one of the honourable members from that assaulting those old people at three years' district has just spoken about the problems imprisonment. It is not tough enough. The being encountered in that region—in Government said that we were not tough Townsville, where six officers were to be enough, yet here is an example of where we stationed, and also in Rockhampton, where were going to increase the penalty from three four officers were to be stationed. We had years' imprisonment to seven years but the proposed to do that by April this year. Government is actually reducing it from seven However, this Government never years to three years. I do not believe that this proceeded with those police beats. The sort of legislation does anything to put elderly honourable Police Minister advised this House and disabled people at ease. That is obviously that they were not a priority and that they may a matter which needs to be addressed. be considered within the context of the 97/98 Another issue of concern to me is that of Budget. We are looking forward to his juveniles. We have been fortunate enough to response and to what transpires in the have the Childrens Court of Queensland third 1997/98 Budget Papers. Certainly in the annual report tabled in the House today. It estimates committee we will talk to the Police contained a number of recommendations. A Minister about that because we believe that number of recommendations were made in they are worthwhile initiatives. We believe that the first and second annual reports. In police on the beat is one of the types of things fairness, some of those have been acted that help us to prevent crime. upon, but a number have not. I ask the Another matter of concern is home Attorney-General to look seriously at the third invasions, which I know was touched on by the annual report of the Childrens Court of honourable member for Rockhampton. One of Queensland to see where improvements can the ironic things about this legislation before be made in the role of that court in terms of its the House this evening is that when the Labor dealing with juveniles. I noted in the report that Party introduced its Bill, we used the words in relation to property damage—and again "that the use of force was both reasonable that goes back to the issue of graffiti—there and necessary as required". The Honourable have been increases not only in the number of the Premier and the Honourable the Police charges against juveniles but also in the Minister both indicated in the debate on that number of cautions given to young people. Bill that we were not going far enough and we The report does not specify what proportion of were not being tough enough in relation to property damage graffiti was, but no doubt, that offence and that people basically should given that there were increases, there certainly have the unfettered right to shoot and kill would have been an increase in that area. people who invaded their homes. They The Criminal Code is an important issue, claimed that we were not going far enough, but standing in this Parliament and saying that yet those same words have been used in the we are going to get tough by increasing legislation before the House this evening. The penalties is not the answer in itself. Today, we irony is that when we introduced it, it was not are calling on the Government to be pro-active tough enough, but when the Government in its approach, to spend more money on job 18 Mar 1997 Criminal Law Amendment Bill 541 creation, on policing, on the retention of police the gaol he will have his nice nest egg of officers and on our young people and to give many millions of dollars hidden away and his those young people a worthwhile role in our corporate crim mates will be patting him on the society. If we are pro-active in our approach back and saying, "Well Alan, you did not do we certainly will be far better off in terms of the bad. You got out of it. You have still got your State itself; we certainly will have a better mansions and your Rolls Royce and quality of life and, in my view, we will certainly everything else. You can hold your head up prevent more people going to gaol. high amongst us because you have done a Building more prisons, putting more pretty good job." What about the young lad or people in gaol and making sentences tougher the young woman who committed the crime of has not worked anywhere in the world, so why graffiti if he or she goes to gaol? What do we continue to go down that path? Why happens to that child, that young person? He are we not more lateral in our thinking and or she comes out of gaol and what is there for more pro-active in our approach in terms of him or her? The same life of unemployment, addressing the issues of crime? Today is a the stigma of being in prison, poverty, all the perfect opportunity for that to be done but, things from which they suffered prior to their unfortunately, it is an opportunity which has committing that act of graffiti. That is where been wasted by the Government. this Bill and this Government missed the target. It is all right to say, "We are going to Mr HOLLIS (Redcliffe) (5.27 p.m.): I sentence everybody to gaol" but what about believe in that old adage that if a person does introducing the programs to prevent them the crime, he or she does the time. It is going to gaol in the first place? That has sadly extremely important, of course, for any been lacking in any part of this Government's Government to take all the steps possible to policy. prevent crime. I believe that, and I believe that those statements relate to two essential parts It is interesting when one reads the of the solution to the problem we are all talking Liberal Party policy as it was prior to 1995. Not about. I, too, would like to live in a society that once in that document where it mentions was crime free. I do not think anybody in this graffiti and vandalism is there one word saying Chamber would not want to live in such a that the Government will send these kids to society. We know, of course, that that will gaol. It talks about good things; it talks about never happen in our lifetime. the removal of the graffiti by offenders and property damage being compensated, but it This is one of those Bills that one looks at does not say the Government will try to gaol and thinks, "Why do we have this Bill before them for five to seven years. This is another the House in this form?" It has been thing—— introduced because of public pressure and Ms Spence: Why are they doing this? public perception of what the Liberal/National Parties proposed prior to the 1995 election. Mr HOLLIS: The Government believes That is the only reason that we have the Bill in that the rednecks of this society will support it. its present form. I believe the rednecks of this society will support it, but the thinking people of this State When one looks at this Bill and thinks will reject completely the proposition of about recent events in Australia, particularly sending people to gaol for such minor crimes Alan Bond's ludicrous sentencing, one as graffiti. One of the difficulties of all this is wonders about the Government's priorities. He that the Government's graffiti program and its is a corporate criminal of immense magnitude, sentencing options make no provision for who actually committed one of the largest rehabilitation. corporate crimes ever heard of in this country. What happened to Alan Bond? He got I turn now to police. This is another issue approximately two years' gaol. In two years he about which members have spoken at length in this House in recent times. I want to talk will be out of gaol even though as a result of particularly about community policing, which his actions many people have lost their the honourable member for Sandgate money, their homes, and so on. This Bill mentioned. I believe that many members on creates an offence of graffiti. Most graffiti is both sides of this House are talking about committed by young people, the young what we should do about community policing. unemployed, the young person who lives in poverty or the young person who is angry at Recently in this House I spoke about the society. For that offence, this Government Police Beat program, and I have written to the proposes a five to seven year prison sentence. Minister and the CJC asking for trial programs to be instituted in the Redcliffe area. I believe Let us think of the implications of this sort that this is a very viable sort of policing which of sentence. When Alan Bond comes out of will deal with the problems of today. 542 Criminal Law Amendment Bill 18 Mar 1997

In the last four or five months, at every time they spend at crime scenes so that, function I have attended, I have made a point instead of having to do heaps and heaps of of asking every person I have talked to paperwork, they can put the details straight whether he or she knows a local policeman. I onto the computer system. This supposedly have not had one positive response to that alleviates all the paper warfare and, hopefully, question. I believe that says something about gets a crime solved quicker and puts the crime our Police Service and how it delivers that on a database. Sergeant Bindon was service. We should be looking at the Police complaining bitterly that the CRISP system is Service and what it delivers. This week, I read causing police more work than they had with with interest an article in the Police Union the former paper-based system. If that is magazine in which Mr Wilkinson rants and rails happening to police of the rank of sergeant, about one-man patrols. If Mr Wilkinson's police surely it is time that the management of the were interested in serving their community and Police Service had a look at the situation and being part of that community, there would be said, "If this is happening, why is it no problems about one-man patrols. happening? Are you doing your job? And An interesting thing happened in Redcliffe where can we, as a Police Service, improve recently. A young lawyer whom I know went to it?" But one does not hear that. All one hears the Redcliffe police court. He got into is whingeing and whining in the Police Union conversation with some police there and magazine about police being overloaded, but floated the idea of community policing. He a solution to it is never forthcoming. said, "Surely it would be a good idea to have I well remember that, when the former Police Beat programs. Surely it would be a Government came to office, I attended a good idea to have community policing across meeting at Redcliffe at which the police the City of Redcliffe." The police said to him, whinged and whined about their conditions. "There is a problem with this community Our Government improved their conditions policing." He asked what that was, and the and their wages. We improved everything police said, "If the people get to know us too about the Police Service until they were well, they will not be frightened of us any perhaps nearly the best-paid police in more." That is the ethos of our Police Service, Australia. But they are still complaining. This and we have to change it. It is incumbent means that we must have some sort of set-up upon any Government and any Police Service whereby their complaints are heard and management to change that ethos of the fear rectified. In the past few weeks, information of police. has been forthcoming about what has At the moment just about the only time happened to the New South Wales Police that one sees police anywhere in the Service and the insular manner in which it community is when they drive by in cars. One operates. We now have to look at the Police does not see them anywhere else, apart Service and ask, "What do we expect from perhaps from Police Beat shopfronts. We them and how are we going to get it?" The have to change that image of the Police only way to do that is through proper Service and make police responsive to the management, which starts with the Police community. That is the important issue that Minister. this Police Minister should be considering. It is I turn now to the prison system. This Bill not just a case of having a certain number of will cause chaos. There is no doubt about that. police. I do not rant and rail about the fact that This Government is introducing a tory Redcliffe has four fewer police than it did four policy—a Liberal/National policy—which has years ago. However, I want to see some been tried in many places in Australia. It has service from the Police Service. That is the job also been tried overseas, but it does not work. of the Police Minister and the management of It has been proved that truth in sentencing the Police Service. has never worked. I am amazed that the Also in that Police Union magazine was a Attorney-General has not researched this. letter from a Sergeant Jim Bindon. I Truth in sentencing does not work. In fact, it recommend that the Police Minister read that increases crime. letter, because it is interesting to consider the Statements have been made about way in which the police in this State are people serving 80% of their sentences without approaching their job. Sergeant Bindon parole. This reduces the time that people are complained bitterly that the previous Labor under supervision in the community. Over the Government brought in a wonderful computer past three years, the gaol population has system called the CRISP system. That system experienced a 60% increase. As a result of is supposed to assist police in relation to the this legislation, that figure will probably 18 Mar 1997 Criminal Law Amendment Bill 543 increase to 100%. Every time that happens, member talk about the problems of the crime rate increases. It is a very simple paedophilia in his electorate. I was interested analogy. For every 100 people who go to gaol, for two reasons. Firstly, where is the Children's 40 will return to gaol within the first 18 months Commissioner? These things are obviously of their being released. So it is quite logical happening. They are being reported in the that if we have 5,000 people in gaol now, newspaper, but where is the Children's 2,000 of them will return to gaol. If we have Commissioner? Where is that fantastic bloke 10,000 people in gaol, 4,000 of them will this Government appointed earlier this year? return to gaol. Why do they return to gaol? What is he doing about paedophilia? I would Because they commit another crime. Truth in suggest that it is not very much. All we hear sentencing will increase the crime rate and the about the Children's Commissioner is that he rate at which people return to prison. This has refers matters to Family Services. The record been proved to cause problems within our of Family Services leaves a lot to be desired. gaols. In the mid seventies in Victoria, there Prior to Christmas I was very happy to were gaol riots. That is what is going to read an article by Tony Koch about a speech happen under this Bill and this Government's that I had made in relation to the Children's truth in sentencing policies. This Government Commissioner. I thank him for that article, is not concerned about the social effects of because it was an extremely good, sensitive this. Nothing in this Government's policy and very well written article. Recently, I addresses poverty. Nothing in this received a phone call from a very prominent Government's performance addresses business person who talked to me about that unemployment. article. I wondered what he was referring to Everywhere one turns there are more when he said, "You made me do something people becoming unemployed. During the which I wouldn't have done." I said, "What was debate on the industrial relations legislation, I that?" He said, "On reading that article, I said that the unemployment rate will rise to thought about all those people who should be 11% by the end of this year, and it could rise exposed. I was an inmate of Neerkol. I went to even further. The Government is doing Rockhampton and gave a deposition to the nothing about it. Its capital works programs are police. I am so happy now and I feel so much doing nothing. There is a complete lack of better that I've got that off my chest." I thank capital works in many electorates. I can state Tony Koch because, if that article achieved quite convincingly that, in the electorate of nothing else, at least that one man has got Redcliffe, there are no Government capital that matter off his chest and somebody will works. The Minister for Public Works and pay for that disgusting act of paedophilia. That Housing, who criticised me for talking about was a wonderful response to Tony Koch's housing in a newspaper the other week, article. should get on with the job. He should build I believe that there are times for serious some public housing so that people are penalties. I believe that people who commit decently housed, because that is another crimes of assault and murder and other avenue that prevents crime. serious offences against people should be The other aspect which causes crime is punished. I have no argument with that at all. when people do not have enough money. However, while the Government is doing that, People do not have enough money to pay for it should also provide resources at the health care, but that is another matter. beginning and end of the system. That is what Whatever the Minister for Health says, health is missing from all of the Government's waiting lists are growing day by day. When policies. The Government has no policies to people obtain health services which they care for disadvantaged people in our society desperately need, they go into debt, because who need help. I urge all Ministers the only way that they can obtain them is opposite—not just the Attorney-General, through a private provider. As I said, that lack because I know that he does not have much of money causes crime in the community. It is of a heart—to consider people with problems, not just a matter of introducing a Bill which those who are unemployed and those who are sends people to gaol for more years. It is a suffering domestic violence. The funding for matter of putting in place policies whereby domestic violence has been reduced since the people have a chance in life. That is the coalition came to power. Members cannot biggest difficulty faced by this Government. establish domestic violence programs in their electorates because there is no money. The I want to refer briefly to the contribution of Government has plenty of money to employ a the member for Bundaberg, who spoke just Children's Commissioner who does nothing, prior to me. I was interested to hear the but it provides no money towards attacking the 544 Criminal Law Amendment Bill 18 Mar 1997 problem at the other end. That is where Labor making sure that any crime is suitably sees the difficulties in the community. suppressed by the threat of a sentence of Today the Government should have punishment and that the innocent community presented a range of social programs to deal is protected; however, at the same time, we with the effects of crime. They do not exist. All must have provisions that encourage people, the Government will achieve through this Bill is if they have committed crimes, to try to the filling of the gaols. I suppose the rehabilitate themselves to have good conduct Government can be happy about that, while in the prisons. This Bill certainly because the more people who are put in gaol addresses that. the more the unemployment figures will be I will turn briefly to what Labor did while it reduced. A few more prison officers will be was in Government. I will be brief, because required to look after them, which may reduce that is all the time I will need to take to the unemployment figures further. That is all address their efforts. The previous Goss this Bill will achieve. It is time that members Government spent several years dilly dallying opposite started thinking not as people who before it introduced a completely new Code. It support the Alan Bonds of this world but as talked about that, mucked around and, finally people who think about disadvantaged after four or five years, introduced a new people. I know that some Ministers do think Code. That Code was going to cause trouble, about those people, and I urge them to and I will comment on that later. Having consider the matters that I have mentioned introduced that new Code, the Goss Labor and convince their colleagues that something Government was criticised by many people should be done about the effects of crime throughout the length and breadth of rather than gaoling many more people in Queensland. Included in that criticism was an Queensland. organisation that usually supports them, that Mr HARPER (Mount Ommaney) is, the CJC. If members opposite have (5.44 p.m.): It is a pleasure to rise in this forgotten that, they can turn to an article in the debate and to support the Bill now before the Australian of 9 March 1995 for evidence of House. I would go as far as saying that the that criticism. Despite that criticism, the constituents of my electorate of Mount member for Murrumba, the then Attorney- Ommaney would expect me to speak in this General, Dean Wells, claimed that Labor's debate, because not a week goes by that I do new Code reflected community values. If it did not receive several comments and reflect community values, I would be very representations from people within the surprised, because it received criticism community about the problems and concerns throughout the length and breadth of the which they have and which this Bill is community. Labor must not have been addressing. The Minister—the Attorney- listening properly to the community if it really General—is to be commended for squarely thought that its Code did reflect that facing up to the situation, moving quickly on it community feeling. Judging by the criticism and introducing this Bill, which addresses the that we have heard from members opposite in problems faced by our community. the lead-up to this debate and during this debate, it is obvious that they are still not Despite some of the empty words of the listening to the concerns and worries of the members opposite, who obviously had their community. ears closed to the process, the Attorney- General participated in an intensive The completely new Code that Labor consultation process. Shortly after we came introduced would have been the subject of into Government, he set up a working group, much appeal through the courts as to its which then worked speedily but thoroughly, validity. That process would have taken a long gathering information, considering the time. In the meantime, Queensland's system circumstances and sending out drafts to of criminal justice would have been up in the interested parties to receive further input. They air on many matters. That is why the Attorney- received over 120 submissions. After that General—and I commend him—took the consultation, they and the Attorney-General correct route of deciding to amend the current worked on drafting this Bill. That was all done legislation. in a short time. I will refer to that length of time I am at variance with the speaker who later. preceded me in this debate, the member for This Bill is a strong Bill. It deals with the Redcliffe. He was inferring criticism of some problems and offences in a strong manner, police officers. I work extensively with the but in a very fair manner. That is important. police officers in my electorate. I have frequent We must always strike a balance between contact with them. I see them at work and I 18 Mar 1997 Criminal Law Amendment Bill 545 see the work that they are doing. I know how and time into developing their homes and their they operate. I know that they take a great yards. They then have to turn around and put interest in the community. They know their more work and more money into fixing up the community. They know a lot of the people. damage caused by vandalism. Similarly, I refer They certainly have their finger on the trouble to the effect that vandalism has on people spots and the people causing problems. They whose livelihoods depend on their shops or are working hard. I place on the record my small businesses. That costs them money, personal praise for the fine work that the police time and effort. Certainly, when those people do in the Mount Ommaney electorate. are trying to make a living, repairing the I turn now to community expectations. In damage caused by vandalism is a daunting all my years of being involved in community prospect. organisations and leading up to my election I turn now to harassment. The threat of and involvement in politics, one of the big physical violence, even if it is not carried out, is issues was always the issue of crime: the worry something that the community expects we as of crime and the punishment that has been parliamentarians and the Government to meted out over the past few years to people address properly to ensure that it does not go who are convicted of crime. People kept on on. Many people are afraid to go out, be it day saying to me that the system is a farce, the or night. They are afraid to walk within their victims of crime are the ones who are being community because of the threat of punished and those who commit crimes are harassment, even if it does not lead to often not punished. At times one could almost physical activity against them. think that they receive some reward. That is Another area that is a major problem is why it was so essential that, once we took graffiti. Once again, people might think that it office, the Attorney-General turn very quickly to is caused by only a few young people. Of addressing this matter. The community course, it is not only young people who are expected that. doing a little bit of spray-painting. I draw the As I said at the start of my speech, many analogy between somebody's property which of my constituents come to see me about the is damaged by graffiti and which is going to problems that are caused by the current Code take $1,000 to fix up and somebody's and the criminal activities which are allowed to business where a cash register is robbed of occur without suitable punishment for them $1,000. If the criminal who robbed the cash and without suitable redress. I will refer to a register is caught the next day or a few days few of those crimes. Firstly, I refer to later and that person still has the money, the vandalism. Although some people may regard people who own that money can get that vandalism as a relatively minor perpetration of money back. So that part of the crime is criminal activities and that it does not really addressed. Of course, in relation to graffiti, matter, we must always have regard for those once the damage is done there is no giving it victims who suffer from vandalism, no matter back. The damage is done; it has to be how small that vandalism might be. I refer to repaired and that repair has to be paid car vandalism. One of the current trends is for for—whether it is paid for by the individual who people to scratch the paint work on cars. has suffered or by the community generally Some people might say that is only a minor through insurance premiums. I think that thing, and what the heck. However, we must graffiti has to be regarded in that way. One of consider the cost involved in that vandalism, the most objectionable forms of graffiti occurs the heartache that is caused to somebody on road safety signs and road direction signs. who has pride in his or her vehicle, what that That puts people's lives at risk and costs the vehicle has cost and what it will take to repair. State—the taxpayer—many hundreds of If one simply puts one small scratch down two thousands of dollars. panels plus the boot and the bonnet of a car, I refer to minor assault, which occurs that might be only four small scratches. particularly among young people. However, it could cost a couple of thousand Nonetheless, that leaves a scar on them for dollars to fix up that damage. That is no small the rest of their lives. It alters their approach to crime. life and their approach to their social activities. I also refer to vandalism in people's It certainly has to be addressed. With homes, be it knocking down fences or ripping reference to those particular issues, even if the up plants. They might seem to be only small cost is small someone has to pay and things and easily redressed. However, victims someone has to go to the trouble of have put hard work into buying their houses redressing the issue and fixing up the and developing them. They have put pride problem. 546 Leading Schools Program 18 Mar 1997

I am particularly pleased to see that the banks, shops or petrol stations where there Bill addresses the new offences of are innocent customers as well as employees transmission of serious disease. We know that and the owners of those businesses—where some diseases are now prevalent in society threats are made to those people, it leaves a and that it is easy for criminals to use diseases scar on them for the rest of their lives. In many such as AIDS or similar diseases—whether cases that incident affects those people's they are carrying out a robbery or, as they see ability to work. Many employees who have it, paying back somebody or having a go at been the subject of robbery or a person somebody—as a threat to determine whether entering their place of employment cannot go some other people live or not. I am very back to that place of work. In the end, they pleased to see that this Bill addresses that find themselves unable to work, they go on issue. the dole, and from that point on their life is The Bill also addresses the offence of virtually ruined. I think that they are entitled to bomb hoaxes. Unfortunately, in today's see that the person who committed that crime modern society Australia has not escaped that is suitably punished. particular problem and, of course, it will not The Bill addresses the offence of escape it in the future. It is important that the dangerous driving where either people's lives Bill makes that activity a criminal act. are threatened or they suffer permanent injury. Another area relates to car theft. I refer to The Bill adds to that offence other forms of the trouble that a person has to go through if transport, including aircraft. The offence has his or her car is stolen, even if it is found later. been changed from "driving" to "operating", so Often stolen cars are damaged beyond repair that it can bring in several types of other or burnt out. Even if the car is repaired, the offences. That is very important. owner then has to drive around in that car Mr SPEAKER: Will the honourable knowing that somebody else has driven it and member move for the adjournment of the damaged it. The owner might have taken debate? years of work to pay off that car. To that person, the car is not the same. While the car Debate, on motion of Mr Harper, is missing, the owner has to do without it, adjourned. make an insurance claim and prove that claim. It is no idle thing for somebody to take an LEADING SCHOOLS PROGRAM innocent joy-ride. Of course, often the innocent joy-ride ends up in the car being Mr BREDHAUER (Cook) (5.59 p.m.): I smashed up or, as I said earlier, deliberately move— destroyed. This Bill considers that matter. "That this House expresses its Another issue is when people enter concern at the uncertainty that has been somebody's home. If any members have had created among parents, the teaching their homes entered by criminals—whether profession and the community at 'Leading they stole something, left before they had the Schools', the Borbidge Government's opportunity, or got cold feet—they would know planned radical restructure of Education that their home is somewhere they are entitled Queensland. to go to and live with their family and that, In particular, we note— once a criminal has entered that home, it is (1) that the restructure will lead to 400 never the same. I can vouch for that job losses, 300 in regional personally. I can also vouch—as I am sure all Queensland; other members can—for those who have spoken to me about that problem. The fact (2) major uncertainty about whether the that people have to confront somebody in Government will provide schools with their home is not good enough, so they adequate resources to deal with the should have the law on their side. People avalanche of bureaucracy which is should have the right to defend their homes. about to descend on schools; and They should have the right to see that action (3) widespread anxiety that the is taken against the person who actually proposed restructure will mean some entered their home and maybe physically schools are well resourced and better threatened their life and their property. I am equipped to deal with the needs of glad to see that the Bill addresses those their students while other schools, issues. especially smaller schools, are forced Similarly, in regard to places of to cope with a diminishing share of employment that are invaded—and I refer to Queensland's educational resources. 18 Mar 1997 Leading Schools Program 547

Further, we call on the Minister to In black and white, the Minister's own delay the implementation of 'Leading propaganda acknowledges 400 job losses, Schools' until schools are guaranteed 300 of them in the regions. Is it any wonder adequate resources to cope with any that Queensland is currently suffering the changes and the equitable distribution of highest rate of unemployment of any all education services to all Queensland mainland State in Australia and that people in students." regional Queensland in particular know that On 9 February this year, the Minister for this Government has abandoned them when it Education announced a radical restructure of comes to providing a role in decision making, the former Department of Education under the most importantly in the area of service delivery name Leading Schools. Once again, the and regional employment? Once again, this Minister sparked an outcry by failing to consult Government is cutting services in the regions. with key stakeholders in the education process It is also for this reason that National Party before the announcement was made. members in particular have been expressing Incorporated in the concept of Leading their concern about the restructure. The Schools is the abolition of the 11 Education Minister for Families, Youth and Community Department regions and 40 school support Care, the Minister for Environment, the centres and a major reordering of Minister for Natural Resources, the Minister for administrative priorities within the Education Local Government and Planning, the member Department with virtually all functions currently for Hinchinbrook, the member for Keppel and undertaken by the regions either being forced the member for Gympie have all been voicing down on to schools or being centralised in the their concerns about the restructure, head office of the Education Department. particularly its implications in cutting back I need to say at the outset that the regional services, its effects on regional Opposition does not disagree with the concept unemployment and also, in some cases, of school-based management per se. During because their electorates have missed out on our term in Government, a number of being preferred for the new district offices. In responsibilities were devolved to schools, and answering a question in Parliament this we recognise that school communities have morning, the Minister said that the concerns of an important and active role to play in all National Party members have been put to decision-making about the allocation of bed. If that is the case, it will be interesting to resources. However, we have substantial know whether those members have once concerns about the proposals contained in the again sold out their electorates and their Leading Schools document, which I intend to regional constituencies to the Liberal Minister outline to the House this evening. for Education from the Gold Coast, who has demonstrated time and again that he has no The first issue about which the Opposition concern for regional services or regional has expressed serious reservations is the fact unemployment. that this restructure will lead to the loss of 400 jobs throughout Queensland, 300 of them in However, the Opposition's concerns go far regional areas. In the information which was beyond the regional employment implications. disseminated to education stakeholders called Over the last month I have been contacted by the Leading Schools Information Kit, the many P & Cs, teachers and a significant document titled The Leading Schools Program number of school principals, all of whom have and Organisational Improvement, under the expressed serious reservations about the heading "Implications for Staff", states— proposed Leading Schools Program, and "Currently there are approximately particularly the lack of detail and information 1,000 positions in regional offices and which has been provided by the Minister and school support centres. It is proposed to the Education Department. Paramount begin a process to reduce this total over amongst those concerns is that the time to approximately 700 positions in the Government will identify a limited number of new structure." schools to be known as leading schools and that, particularly in the pilot stage, those It could not be clearer. There will be 300 fewer schools will be well resourced to cope with the positions in the regional structure. Under the avalanche of bureaucracy that is about to heading "Implications for Staff in the Future descend upon them, but that this resourcing Central Structure", the document states— will not be duplicated across all schools in "The present central office structure Queensland as the scheme is progressively will be reduced by 90 positions." implemented. 548 Leading Schools Program 18 Mar 1997

There are serious reservations in the during the debate on enterprise bargaining education community that we will have leading this morning, this has been a particularly schools and we will have following schools. divisive tactic and has clearly backfired on the The choice of the term "leading schools" Minister and the Government, as teachers means that 100 schools will promote have rejected both the Leading Schools themselves as the 100 best schools in proposal and the enterprise bargaining Queensland and the other schools will be position of the Government by voting by a regarded as the also-rans. They will be the margin of 85% to undertake a stop-work ones that will be fighting for resources which meeting for 24 hours next Tuesday. The will become increasingly difficult to find. Those Minister has attempted to induce the schools schools will find it increasingly difficult to meet and P & Cs into volunteering for the pilot the needs of their students with a declining project by offering an additional $100,000 per proportion of the overall resource allocation for school and offering the principals a 5% pay education in this State. This is a particular increase. concern amongst smaller schools and in Notwithstanding these tactics, my advice country schools. The Opposition will not and is that so far fewer than 30 schools have cannot support Leading Schools until the nominated to be part of the 100-school trial, Minister can guarantee that all Queensland as school after school either rejects the students will continue to be equitably dealt Minister's offer to be involved or, at best, say with in terms of the allocation of education that they are not prepared to volunteer until services and that no Queensland school or they have much more information available Queensland school student will be about the implications of Leading Schools and disadvantaged by the process. the availability of resources to deal with the The Minister has announced that extra administrative load. I can tell the House additional funds will be made available to the that the principals of some of the schools that pilot schools. In a press release on Sunday, have volunteered have not had the guts to tell he said that an additional $8m worth of their staff yet, because they know that the funding would provide between $60,000 and staff will not cop it. They are waiting until 27 $100,000 for each of these 100 schools March, so that they can tell them after the based on their enrolments. I make two points Easter holidays. However, the real motive in regard to this. First of all, those schools behind the Minister's move is so that he and which are thinking of volunteering need to the Borbidge Government can pass the buck question the Minister carefully to find out what for the inadequate resourcing of schools onto strings are attached to the resources that have school communities, principals and school been allocated. councils. Advice to me indicates that the schools One needs to look no further than the will be allocated additional money but that Minister's tirade against school principals a few they will also be told that they will be required weeks ago over the reorganisation of school to employ administrative personnel, who will classes when staff were withdrawn to become redundant by the closure of the understand the motivation of the Minister and regional offices in an attempt to minimise the the Government. About three weeks ago, unemployment impact of the restructure. The many schools in Queensland suffered Minister is saying, "Here is the money. We are substantial upheaval as teachers were giving you the power to make decisions, but withdrawn by the Government and classes we are telling you how to spend the money." had to be reorganised. Regional officers of the Secondly, no extra money has been allocated department were candidly telling some schools for the implementation of this proposal. Not and P & Cs that the flexibility that existed in one extra penny has been allocated by staffing last year no longer existed because of Treasury for this proposal. It all comes from Budget cuts. However, what was the Minister's reshuffling the deck chairs on the Titanic which response? He launched a tirade against the is the Minister's department. school principals, saying that they refused to accept their responsibilities. We will see how The Minister attempted another form of the Minister reacts in future when a school inducement to get schools to volunteer for the says that it does not have enough resources Leading Schools Program when he to maintain its buildings or that it does not announced that the principals of the Leading have enough teachers or that its class sizes Schools would receive an extra 5% pay are increasing. Instead of accepting the increase on top of any enterprise bargaining responsibility which the Government carries for outcomes that were negotiated with the providing adequate resources to schools, the Queensland Teachers Union. As I mentioned Minister will simply seek to pass the buck on to 18 Mar 1997 Leading Schools Program 549 the school councils and the school ideological position adopted by the Minister communities and tell them that it is their and the Government and which is reflected in responsibility. the Leading Schools document and the thrust The Opposition is also concerned that the to devolve responsibility for matters which the planned restructure will entrench longstanding Opposition believes should not be devolved. discrimination against women in promotion to Mr FitzGerald: You could have done more senior positions. As part of the with 20 minutes. restructure process, a number of senior Mr HAMILL: I could happily have done officers in the regions who currently hold SES with 20 minutes. 1 positions have been advised that they will not be considered for the position of director of At the outset, I wish to express my the new district offices and need not apply. concern as the member for Ipswich for the The principle of merit-based appointments has people who are currently employed at the been thrown out the window. Two women in regional office of the Department of Education the Education Department have been told in my electorate. I wish also to express my that, because they have not been senior concern for the people employed at the principals, they will not be considered. Limestone School Support Centre, one of 45 Notwithstanding the fact that 70 per cent of such centres that will be closed down under teachers are women but a grossly smaller this Government's drive to abandon a regional proportion of women are in senior structure in the Department of Education. management positions, the Minister and the Those jobs are needed in our community, and director-general are seeking to entrench years the resources are shared among the schools of discrimination against women by precluding in our area. Those bodies play a worthwhile people from applying for senior positions in the role not only in respect of supporting schools department on spurious grounds. but also in ensuring that the administration of I am also concerned that senior officers of the Department of Education is kept close to the Department of Education have improperly people in the community. The Minister's model represented the views of the Opposition in for having districts is really—— respect of Leading Schools. They have been Mr Quinn interjected. saying that we support the program. That is Mr HAMILL: The districts really have wrong. Public servants are buying into a little power. What the Minister is really on political debate. Yesterday I wrote to the about is a further centralisation of a series of Minister telling him that those people should functions in Mary Street, Brisbane, with be pulled into line. I suspect that the member schools effectively being thrown to the wolves for Ipswich will have more to say about and having to undertake a wider range of whether or not we initiated the program. responsibilities with fewer real resources. Many other issues remain unanswered The real problem with the Minister's and because of the paucity of information which this Government's approach is that it has been forthcoming from the abandons what ought to be the fundamental Government—the effects on staffing, the responsibility of the Minister for Education, that transfer scheme and rural and remote schools, is, to maintain standards across the whole the impact of the avalanche of bureaucracy, system. The approach that the Minister has the fact that issues such as the availability of embraced is the approach adopted in Victoria. specialist teachers in schools and class sizes We can understand the Liberal Party, in could be adversely affected by these changes. common with the Minister, being infatuated The submission proposes to establish school with what has happened in Victoria. However, I councils, but there is not enough detail. suggest that honourable members take a Overall there is an alarming lack of detail in the closer look. Even in Victoria, where after three information which has been sent out by the or four hours' drive from Melbourne one would Minister. The Opposition does not support the be out of the State, this system has caused Leading Schools Program. absolute mayhem. That is particularly so in the Time expired. provincial towns and small rural communities, Hon. D. J. HAMILL (Ipswich) whose local schools have not only had (6.09 p.m.): I second the motion moved by the responsibilities directed to them but also had member for Cook. In doing so, I wish to their resources cut. Many communities have address some fundamental issues in respect seen their entire schools disappear off the of the role of the Minister for Education in map. relation to the State's education system and The Liberal and National Parties are how that role is being eroded by the taking the Victorian model and trying to adopt 550 Leading Schools Program 18 Mar 1997 it in Queensland. But what they forget is that it 'this House acknowledges the is not just about maintaining standards across concerns expressed by some different socioeconomic circumstances in parents, teachers and community different communities; the fundamental members with regard to the "Leading problem in Queensland—and this is why the Schools" programme for Education Victorian model is so inappropriate—is that we Queensland. also have to maintain standards of access This House calls on the Minister for across the geographic expanse of our State. Education to ensure that— This State has degrees of isolation unheard of in a State such as Victoria, yet the Minister is (1) the restructure will not involve trying to transplant the Victorian model in redundancies or retrenchments; Queensland. (2) schools will not suffer any As I said, it is an ideological position. It is diminution in teaching resources about setting school against school and as a result of funding made community against community. It is available to the schools for direct educational Darwinism—survival of the fittest. expenditure under the "Leading The small, poor and remote schools will be the Schools" programme; and ones that will fall through the system. There (3) schools not involved in the will be no safety net. The Minister is not "Leading Schools" programme providing the maintenance of standards in (below Band 8) will not suffer relation to staffing, curriculum, resources and any reduction in their resources so on—things which should not be devolved to which would affect their ability to the schools. address the needs of their Quite falsely, the Minister has paraded students.' " around the State claiming that school-based management, as pursued under the former As usual, the debate so far has been Labor Government, equals Leading Schools. characterised by a lack of information and That equation is not correct. It is not the same informed comment, mainly because members thing. What we did in Government—and very opposite have not read the relevant material. responsibly—was to resource community The material is available, but members groups to take a more important role in school opposite refuse to read it. What members administration through advisory councils and opposite do is regurgitate the claims by the increasing school grants and encouraging Teachers Union about a whole range of airy- parents and P & Cs to be involved. We fairy notions that really do not have much to encouraged schools to develop behaviour do with school-based management but a lot to management programs and so on. What we do with the enterprise bargaining agreement refused to do, and did not do, was to devolve that is currently in place. responsibilities for staffing and curriculum to The notion that we are going down the schools. We know that poor schools and Victorian model of school-based management remote schools will miss out. It is hard enough is absolute rubbish. We have looked around now to transfer staff around a system such as Australia and picked the best elements from Queensland's let alone when it is "Balkanised" every system and put together a unique and one school is set against the other. Queensland model of school-based There is no mention from the Minister that management. The member for Ipswich was additional moneys will be given to poorer and absolutely right when he said that this was not remote schools so that they can recruit staff what the Labor Party proposed; it did not have and buy in the resources which they ought to the guts to propose it. That is recognised in have as of right if a fair, equitable and decent the schools. Labor would not have done this, education system is being run in this State. because the QTU would have railed against it. The Minister has lost the plot. He is not It is widely recognised by principals that Labor maintaining the balance, yet that is his would not have done this, because it did not responsibility as a Minister. have the intestinal fortitude to take even a first step. Time expired. As I said at the launch of the Leading Hon. R. J. QUINN (Merrimac—Minister Schools policy, everyone who wants a job for Education) (6.15 p.m.): I move the within Education Queensland will have a job following amendment— under the new structures. No-one will be "Omit all words after 'That' and sacked. There will be no redundancies. insert— Everyone will have a job. Where job losses 18 Mar 1997 Leading Schools Program 551 have been indicated in the documentation, interests of kids at that local level. What suits there has simply been a transfer of jobs from schools in Ipswich might not suit schools on the regional structures to the school structures. the Gold Coast or in Rockhampton, Cairns, We are putting people back where they Longreach or Charleville. This model takes into belong—in the schools. account all of those differences. We acknowledge that over time there will Time expired. be some downsizing of Public Service jobs or Mr RADKE (Greenslopes) (6.20 p.m.): I associated jobs at the regional level. But that second the amendment moved by the is inevitable because of the impact of Honourable Minister for Education. The move technology. Using an information network, all to school-based management in Queensland schools will be connected to each other and to schools is driven by educational imperatives, the department's head office in Brisbane. not an economic imperative. Recent Technology is having impacts in all educational research in the USA shows departments and businesses. Education positive links between local decision making in Queensland cannot be insulated from those schools and improved learning outcomes. To impacts. There will be a natural reduction in support the move, an additional amount of jobs within this department. However, where $150m will be directed through school gates possible, we are trying to transfer people within annually by the year 2000. This move to put the current structure into the new structure. more money through the school gates is a We spoke to our staff within one week of continuation of the process, and there is no launching this initiative. We went right around good reason to delay its implementation. Queensland and spoke to all regional office The move to school-based management staff and all school support centre staff. We in Queensland is being matched by a said, "If you want a job in the new structure, commitment to ensure that the change will be you've got a job. We'll talk to you." Teams of appropriately resourced. In recognition of the people from our human resource section will need to ensure that resource allocation talk to all of our staff and tell them where their methodologies remain appropriate to the new position will be. We will reassign and needs of Queensland schools and their transfer them. If necessary, if there is not a students, there will be a major review of all suitable position, we will maintain their salary allocation methodologies commencing in level for at least 12 months until we can move 1997. This review will draw on the knowledge them into a similar position. and expertise of people with experience in a range of overseas environments. We value our staff. That is why we did not go down the same road the Labor Party went All Leading Schools will receive an down when it restructured in the early 1990s. increase in their annual school grant of At that time, Labor spilled all of the positions in between $30,000 and $50,000, depending on head office, and staff left in droves. VERs school enrolment. Additionally, schools that were applied and people lost their jobs. That is volunteer to participate in the pilot phase will in complete contrast to what we are proposing. receive a one-off payment for implementation We are proposing to keep our staff. They are and innovation. The one-off payment valuable and experienced. We want to keep recognises that pilot schools will develop many them on board. That is why we are saying that of the approaches and templates that other we will transfer or reassign staff. There will be schools will use in successive years. In 1997- no redundancies, no sackings and no VERs if 98, a pilot program school with an enrolment we can possibly help it. of 450 students will receive an ongoing increase of $34,950 in the school grant and a Mr Bredhauer: "There won't be any if one-off implementation and innovation grant we can possibly help it." of $34,950. This is a total increase of $69,900. Mr QUINN: There might be one or two. A school with an enrolment of 1,200 students will receive an additional $43,200 annually and Mr Hamill: I'll be counting. $86,400 in the first year. Schools will have Mr QUINN: The member can count— flexibility in the application of these funds. In one or two. other words, schools will be able to use these resources in a way which matches the needs As I said before, this moves away from a of the school. All other schools will continue to heavy-handed, centrally driven formula be resourced using current allocation approach to education by devolving resources, methodologies. No school will receive fewer flexibility and authority to the local school level resources as a result of the Leading Schools so that decisions can be made in the best Program. 552 Leading Schools Program 18 Mar 1997

In 1997-98, Leading Schools will receive a Mr DOLLIN (Maryborough) (6.25 p.m.): I facilities grant for maintenance and minor rise today to express great concern on behalf works projects. The funding allocation to a of the citizens of the Maryborough electorate specific school for this grant will be based on and Queensland over this Government's factors such as historical data, school size, planned major restructuring of the State's age and condition of buildings. This facilities education system, the Leading Schools grant will provide the 100 pilot Leading proposal. It is any wonder the communities Schools with in excess of $5m for that make up the Maryborough electorate are maintenance and minor works projects. In left scratching their heads about the direction future, when a school wishes to undertake a of this Government, and there is only one small project in the school, it will not have to direction that is evident to all country wait until the wheels of bureaucracy turn. Queensland, that is, it is heading back to Principals will be able to arrange for the work George Street in Brisbane, away from the to be done and be able to ensure regions and the country. appropriateness and timeliness. In this This Leading Schools proposal is a prime environment, it is likely that more money will example of how this National/Liberal be spent within the local communities, that is, Government is hell-bent on shifting all of the that local businesses will benefit. control and management back to George The Queensland Teachers Union, in order Street. The effects of this restructure will be to encourage its members to boycott the dramatic. As usual, regional Queensland will change, has mounted a comprehensive bear the brunt of this attack on a basic campaign based on misinformation. One education system. Members on the other side common piece of misinformation is that of this House who represent country schools will become more responsible for electorates should stand up and be counted maintaining facilities while the resources will and speak against this Liberal Minister's dry up. This is a nonsense and the facts speak proposal, which will rip 300 jobs from regional for themselves. Another piece of Queensland. Their silence is deafening. misinformation concerns legal liability. The In my electorate alone, a black cloud current situation in which the Minister for hangs over the future of 100 staff employed in Education is legally responsible for all facilities the regional office of education. Parents are on State school sites will remain. Education concerned, teachers are left wondering about Queensland will not permit its capital assets to their jobs, and the community and business deteriorate. Therefore, through an annual people are angered over the potential facilities audit process, major projects will economic loss to the region through the loss continue to be identified according to of jobs. Our region is Australia's capital for Statewide priorities. Where these projects are unemployment, standing at 16.5% regionally to be undertaken in Leading Schools, school and a shocking 25% at Hervey Bay. communities will be given the opportunity to Unemployment appears to be the only growth participate in the management of the project. industry under these State and Federal Some 80% to 90% of the resources Governments. These radical proposals with allocated to schools are staffing resources. the impact of job losses strike at the very heart There is currently virtually no flexibility for of our future, our children and our economic schools to change the mix of staff. It is not prosperity. I hope that members on the other possible for a central allocation methodology side of the House are listening. These cuts to adequately cater for individual school have been made on country schools in their differences. Under school-based electorates. Why do they not stand up for management, schools will be able to vary the them? staffing mix within departmental guidelines When the former Goss Labor and make better use of the resources Government came to power in 1989, schools available. in Queensland were in a deplorable state: The specific needs of small schools are unpainted, peeling, overcrowded. Teachers also recognised. Small schools will receive were the lowest paid in Australia, class sizes enhanced services from district offices which were the biggest in Australia and P & C are much closer to the school than the old associations were forced to raise money for regional office. These small schools do not the schools' basic needs, sporting equipment have the staffing resources to undertake a and even toilet paper—a really sad state of range of corporate services locally. affairs. The Goss Government can stand proud of its achievements in Queensland Time expired. schools in its term. Teachers' wages were 18 Mar 1997 Leading Schools Program 553 brought into line with those in other States, The most important thing in our education P & Cs were funded generously, schools were system is that schools are adequately repainted, refurbished and rebuilt, class sizes resourced and students are not were set at a maximum to ensure no disadvantaged by change. It is evident that overcrowding and unruly classes, and schools this Government is taking a step back in time were computerised. Now this Government is to the "education Joh style" of the bad old turning the clock back to the bad old days. days. Queenslanders will see this provocation of teachers by the Minister and this attempted I have serious doubts as to whether restructure of the education system for what it Leading Schools can deliver an even quality of really is: an attack on our children and an education across our State. It tends to attack on regional Queensland's economy and encourage rivalry between principals and education employees. schools and will produce winners and losers—probably more losers than winners. Miss SIMPSON (Maroochydore) With the abolition of the regional offices and (6.30 p.m.): The Leading Schools Program will school support centres and the loss of be implemented despite attempts by the hundreds of jobs, there will be a significant Queensland Teachers Union to destabilise increase in the administrative workload and no school support for the program through the additional resources to deal with the additional deliberate and regular spread of load in regional and country schools. misinformation. Part of the union's campaign Something must give. With extra work and has been to criticise the lack of detail provided fewer resources, standards will drop. But in information about the program. This is the education standards should not give way whole point of introducing Leading Schools under this radical restructuring. Students in with a pilot program in 1997. The pilot schools Maryborough, Wide Bay and across are an important part of the solution and will Queensland must be guaranteed access to all be working closely with departmental officers services and should be guaranteed the best to develop the detail in making refinements to quality education available. the program during the pilot year. Turning over the responsibility for staff If the department had all the answers for all the schools there would be absolutely no and teacher appointments and transfers to need for school-based management. This individual schools will make it harder for the smaller country schools to attract teachers. program is all about allowing school Bigger schools with bigger budgets will have communities to make locally informed more bargaining power to attract staff. What is decisions on the key issues that will lead to to become of the smaller schools and, more improvements in student achievement. The importantly, what is to become of the students QTU has attempted to frighten teachers at these schools when they do not have the through a campaign of deceit. The union has best education available? This system is set suggested to its members that the current up for buck-passing. When the problems transfer system which guarantees teachers a become too great this Government will turn its return to the region of their choice following back and lay the blame at the feet of the completion of the required period of country school councils or the principals or both. This service would disappear. This is patently Minister appears to be trying to provoke a untrue. The current transfer system will remain strike, hoping that the disruption to parents in place to ensure that all schools regardless and students will create a backlash against of their location are appropriately staffed. This teachers. will not change under the Leading Schools Program. I believe that teachers are making a The union has tried to create an aura of legitimate claim for pay equal to that of their mystery around the concept of a departmental counterparts in other States. The Minister has employment pool. This concept is not new. It the power to resolve this issue and avert a is simply the database of teacher information disruptive strike by sitting down and that Education Queensland currently negotiating with the union in a fair and honest maintains and is used by regional staffing way. Surely Queensland teachers are worth officers to make decisions about staffing the same remuneration as teachers in other schools. Many of these decisions are already States. When all other avenues have been being negotiated with school principals. The exhausted and no agreement reached, it is only change under the Leading Schools the right of all workers, including teachers, to Program is that leading schools will now be withhold their labour as a last resort. I able to access information in that database to absolutely defend their right to strike. make their own staffing decisions. Of course, 554 Leading Schools Program 18 Mar 1997 this will have to be done within current has made is about centralism. It is about departmental policy and priority will have to be taking services away from the bush in given to eligible teachers on transfer. Queensland, closing regional offices and The QTU has sought guarantees on the putting it down here in "Fort Bumbling", Mary maintenance of real levels of funding for Street. It is about giving power to people such education. Such guarantees have never been as Frank Peach, who has been pushing this available to any Government department in model for over 20 years that I know of. Now he the past and are unlikely ever to be available has finally got a mug silly enough to come into to any Government department in the future. it. I notice that a former Education Minister, Mr But school communities can be reassured by Littleproud, is in the Chamber. During his time, last year's findings of the Queensland his hapless Education 2000 project did not get Commission of Audit, which reported a off the ground. That was devolution Mark I; compound growth rate for education outlays of this is devolution Mark II. 2.5% per annum over the period 1986-87 to The fact of the matter is that anybody 1995-96. This compares more than favourably who believes that schools are going to be with compound enrolment growth of 1.02% better off as a result of this program really has from 1986 to 1995. not looked at what happened in other States. The union has attempted to divide school Eighty per cent of the Education Department's staff by emphasising that only principals will budget or thereabouts is tied up with salaries. receive additional remuneration for their If there is $150m to go back into schools, enhanced role under the Leading Schools where is the Government going to save it Program. Principals of leading schools will from? It is going to save it from salaries. It will receive a modest increase in remuneration do it in the way that people like that fascist which acknowledges their increased McHugh, who works for the Minister, and accountability under the program and their Peach do it. They ring up people such as Mike ultimate accountability for the performance of Maher and other people in Rockhampton and the school. Leading schools will receive a say, "Do not bother to apply for the job, the significant increase in grant funding to address best thing you can do is get out of the any increase in workload which might occur for system." If that is what is happening now, school staff. This will range from $66,000 to imagine what it will be like in the next couple of $100,000 during the first year of the program. months when these people really get their Despite repeated requests to the union claws right into this program. from Education Queensland, a series of It is about destroying equity in the questions concerning the program was education system throughout this State. It received by the department only last puts the responsibility for the tough decisions Wednesday. These questions have now been on the backs of the schools so that schools responded to in full. On last Saturday, 15 have to make the decisions about what they March, the Queensland Secondary Principals do without and they wear the flak. It absolves Association adopted a motion that "QSPA people such as Peach and the Minister for unequivocally supports the concept of leading Education from any responsibility whatsoever. schools and school-based management" and Under this model it will become an all care and "endorses the broad strategic framework for no responsibility Education Department. the implementation of school-based The amendment that was moved today is management outlined by the Minister and the the greatest pakapoo ticket that I have ever Director-General". This is a fundamental seen. It does nothing whatsoever to address rejection by school principals of the the real issues such as the 17 jobs that are Queensland Teachers Union stand on the going to be lost from Rockhampton, 17 pay issue. packets that will go as a result of this program; For many years the Queensland Teachers the fact that there will be district inspectors Union tried to exercise control over schools who do not have any powers whatsoever to and their staffing. It is now being asked to ensure there is some equity across the region; recognise the need for local school community and the fact that schools will have to make input into staffing decisions. Just as Education decisions on whether the P & C paints the Queensland has to allow for the local classroom or gets another bit of administrative communities to have input into school-based assistance. That is what the Minister said management, so, too, does the Queensland yesterday in the Morning Bulletin, "Perhaps Teachers Union. the P & C might like to get volunteer labour to Mr SCHWARTEN (Rockhampton) start painting the school." What will happen to (6.35 p.m.): The decision that the Government jobs as a result of people voluntarily painting 18 Mar 1997 Leading Schools Program 555 the school, which is the responsibility of this teaching and learning programs and what is State Government? What will happen then? needed to support them. With the decision to Mr Quinn: It has been happening for fully implement a system of school-based years. management, Education Queensland must restructure its current 11 regional offices and Mr SCHWARTEN: They have not been 45 school support centres and transfer to a painting classrooms for years. Honourable district model. There will be 36 districts across members opposite should wake up to the State, with a district office located in each. themselves. They did under a National Party A common core of functions will be performed Government. When I was a teacher at Park by district office personnel. This Government Avenue school, volunteers had to paint the assures school communities that the services school because the mob opposite would not currently available to all schools and students paint it. will not be eroded by introducing a district An Opposition member interjected. office model. In fact, under the new district Mr SCHWARTEN: Under them, the model, many communities will have an P & C bought everything. The fact of the enhanced education services presence and a matter is that this program will centralise all the broader array of services available to their power in Brisbane and as a result make sure schools. that the schools wear the flak for it. The Mr Ardill: How so, when you say there transfer system will collapse right before our will be nine less? very eyes because of this program. For example, I would hate to be the principal out Mr HEGARTY: I will give the member at Blackwater State High School trying to get for Archerfield an example. For example, teachers out of the golden circle down here. It Mackay, Townsville and Maryborough will each have two district offices, and there will be a is hard enough under the compulsory transfer new district office in Gladstone. Importantly, system that we have now. Once those people the distinctiveness of each district has been go to Blackwater, how will they get out of carefully considered by the department, with there? It simply will not work. specialist education and community personnel The Minister is being lured down this path placed in specific district offices to address by Frank Peach, who has peddled this idea for local needs. This transition has been carefully years and years. He has had this agenda ever planned and is well managed. Education since I have known him, which is over 20-odd Queensland advises me that existing years. I am surprised that the Minister, as a departmental sites will be effectively used to former teacher, would be mug enough to cop facilitate the transition. The department is this. I am certainly not mug enough to cop it. minimising the effects of this transition on its But the Minister is expecting schools to make work force. A team has been established by the tough decisions that rightly belong to him the human resources directorate to manage and his director-general. It is a great old pea the transition process. The department has and thimble trick and, as far as I am assured school communities and its officers concerned, the schools in my electorate and that there will be no general spill of positions. the people whom I represent will be greatly disadvantaged as a result, because there will The figure of 300 regional job losses be no more money. The $150m that the referred to in the honourable member for Government talks about is already circulating Cook's motion is inaccurate. Many officer in the school system. That will soon wash up. positions currently in regional offices and $150m is the amount that the Minister has school support centres are teacher-based been pumping out up there—all that rot that positions. As part of the restructure, many of he has been talking. The only way he can these teachers will be relocated back to save $150m is to get rid of teachers and other schools. staff. That is the only way he can save it, Mr Bredhauer: It is in the Minister's own unless he can twist Aunty Joan's arm and get hand-out. Read the papers. a bit more money. Mr HEGARTY: I can tell the member Mr HEGARTY (Redlands) (6.40 p.m.): that, from going around to P & Cs in my The Leading Schools Program and school- electorate, I know that they are happy to take based management have been supported by those people because they know that they will this Government to improve the learning get a better deal; they will have the support at outcomes of Queensland students. We hand. This will address the current teacher believe that school communities themselves shortage. Such concerns of the Queensland are best placed to make decisions regarding Teachers Union are baseless. 556 Leading Schools Program 18 Mar 1997

School support centre specialist teaching of schools, so district officers, especially the staff who are not placed in district offices will district director, can have a closer and more be relocated to local schools. Their specialist effective relationship with each school. services will therefore be better utilised by staff Time expired. and students in schools, who will have improved access to these support teachers. Mr T. B. SULLIVAN (Chermside) Other Education Queensland officers will be (6.45 p.m.): If the Government's radical reassigned or transferred at the same level to restructure of education in Queensland would positions in the new structure—most of these result in improved, fairer and better resourced staff will remain within the regional area in schooling for Queensland students, then I which they are currently located. could give it greater support. But with the limited details provided by the Minister, it The figure of 400 total job losses appears that the main result of the Leading mentioned by the honourable member for Schools Program will be to pile more work onto Cook is also inaccurate. Education selected local schools, which will result in Queensland's non-teaching work force will be overworked principals, teachers and reduced, and these resources will be relocated administrative staff, taking them further from directly to schools. Since August 1996, the the classroom to do more paperwork. The department has allowed a high vacancy rate Minister acknowledges that there will be so- to develop to provide greater flexibility and the called savings or downsizing. What he means capacity to change structures without is that there will be the loss of jobs, and those negatively impacting on the current work force. jobs are going to be in the regional areas in In addition, the transition will occur over a particular. I wonder how some of the National period, which will allow issues to be managed Party backbenchers are going to feel when gradually in line with planned procedures. people in their electorates, in the local school We must not forget that the aim of the support centres and the regional offices lose Leading Schools Program is to improve the their jobs. It will also mean that the work learning outcomes for the students of previously done by 400 staff will now be Queensland. There are great benefits for spread over a couple of thousand teachers students and school staff in this new district and school administration staff. What will be model. Firstly, the new district structure the result of this? It will mean even more recognises the changing reality of our schools. paperwork, more meetings, more reviews and The one-size-fits-all model is a thing of the more reports. It will not mean more contact past. Significant resources that have been with the kids in the classroom. managed and expended by regional offices If the Minister claims that the current and school support centres on behalf of school staff will not be more overworked and schools will be gradually devolved to schools will not be involved in all this paperwork, then and placed under their control. the only way that could be is if more people Secondly, bureaucrats in regional offices are employed at the school level. This is will no longer impact upon the schools and simply shifting the jobs from one area that is make decisions on behalf of schools. Leading currently working well and pretending to give Schools will be able to prioritise their local more money to the schools. Then the school needs and decide how best to achieve their principals find out that they have a need that objectives. Thirdly, as schools take on more they cannot meet from their current budget, responsibilities and are able to access more and are simply going to have to use the services and information, there is less need for money to employ people. The extra large regional offices to provide processing supervision, the extra meetings, the extra services to schools. This can be done through reviews and the extra reports will all be work information technology provided by the that is put onto the local schools. There will not department. be savings, just a shifting of jobs. Fourthly, despite the repeated comments The restructuring of the 11 regions and 45 from the Opposition and the QTU, the school support centres into 36 district offices Education Department has not abandoned simply means that we will have 36 mini- smaller regional and isolated schools. These regions. A number of problems will be created schools are not involved in the Leading by this; firstly, with finance. There is nothing Schools Program. We acknowledge the wrong with accountability at the local school current constraints on smaller schools and level, but with more things being thrown onto teaching principals. Support service to these the local school, what was previously part of schools will be enhanced by the district service an administrative officer's job at a local school model. Fifthly, districts involve smaller groups will now be his or her full-time job, or that the 18 Mar 1997 Leading Schools Program 557 school will have to employ someone else to do level, and it means more paperwork for local it. schools. Secondly, in relation to staffing—there are Time expired. current difficulties trying to move staff to the far-flung regions of the State and trying to Mr BAUMANN (Albert) (6.50 p.m.): I am cope with too many applicants who are trying pleased to support this amended motion which, with the assistance of the member for to make their way back into the south-east Gladstone, has been worded to say— corner. This new structure of 36 mini-regions will make it almost impossible to "Parents and the community have a accommodate the Statewide staffing needs of right to have a say in how their schools will the Department of Education. The power of be run." the district staffing panels could also lead to That view clearly outlines why schools are an two major problems: firstly, a type of important part of school-based management. inbreeding that will occur because of the That view is quoted from an address by the power given to the district CEO. There will also honourable member for Cook to the annual be difficulties from central office in trying to general meeting of the Queensland Institute supervise 36 different staffing systems that are of Education Administration on 13 November going to develop throughout the State. 1996, as quoted in the November newsletter Thirdly, in relation to special of that organisation. needs—currently, the 11 regions are finding it Mr Bredhauer: What was I talking difficult enough to gather resources and about? allocate them for special needs students, such as those with physical needs and learning Mr BAUMANN: I will tell the honourable needs. Some of the new districts may have member in a minute, if he just waits. Has he two or three schools with special needs. lost his memory, too? Others have none. How is the Government Interestingly, on that occasion the going to organise the funding? If it says that it honourable member for Cook was generally will then assess the needs across the various supportive of school-based management, districts, that means another structure of seeing it as having— funding. I am not talking only about special needs; I am talking about things such as ". . . the capacity to provide school TELFU, teacher aide time and other forms of communities with the authority and the special support. There are difficulties enough resources to improve the delivery of with the 11 larger regions; the 36 small districts educational services in their schools." are going to be worse. Facilities and assets That is the point of introducing school councils are going to have a problem as well, especially as part of school-based management: they with larger projects such as school halls and provide an opportunity for members of school pools. communities, particularly parents and As to low-incidence needs—LOTE, teachers, to have a say in their local school. sporting links and special behavioural The move to school-based management is an programs will all have to be reorganised, important initiative for Education Queensland. restructured and refinanced. The specialist School-based management devolves greater teachers in primary schools in music, physical authority, responsibility and accountability to education, speech therapy and learning Leading Schools. School councils are based support are going to find it difficult working on effective partnerships among parents, staff, over the 36 regions rather than over the 11 educational administrators and community regions. members. The Labor Opposition is not opposed to Effective school councils provide change or to a restructuring of the Education considerable benefits for the partners in Department which would lead to better education: students can be sure that their resources for schools and better classroom parents, teachers and other school staff are learning conditions for Queensland students. working together to ensure quality educational But what the coalition Government has done outcomes; parents and community members is to shift more work to local schools and share in policy decisions and can use their create more paperwork, which will lead to an special skills and interests in helping the unfair distribution of scarce resources. Leading school; and school staff formally share in Schools seems to be more about saving policy decisions as they know that school money by sacking people at the central level polices and directions reflect community needs and having them re-employed at the local and are supported by the school community. 558 Adjournment 18 Mar 1997

School councils build on the valuable work detail and legislation will be drafted to ensure of parents and citizens associations. They are that that does not occur. not intended to replace P & C associations; Clear evidence exists that close alignment rather, they will work alongside them and between schools and their communities is a enhance the role of the local community in our critical factor in helping students to achieve schools. The work of P & C associations their maximum potential. We should not delay contributes greatly to the effectiveness of our any further the move to school-based schools and that will continue with the management in Queensland because further development of school councils. However, in delay will, in the end, be to the detriment of addition, parents and other school community students in our schools. A very positive members will have an enhanced role in the outcome will flow from this amended motion. I strategic decision making of those schools. support the amendment. The Queensland Council of Parents and Citizens Associations, representing parents in Question—That the words proposed to all our State schools, supports the introduction be omitted stand part of the question—put; of school councils. and the House divided— AYES, 42—Ardill, Barton, Beattie, Bird, Bligh, These proposals involve a significant Braddy, Bredhauer, Briskey, Campbell, D'Arcy, development for Queensland State schools. De Lacy, Dollin, Edmond, Elder, Foley, Fouras, There is a need to ensure that the approach Gibbs, Goss W. K., Hamill, Hayward, Hollis, Lucas, adopted is appropriate for Queensland McGrady, Mackenroth, Milliner, Mulherin, Nunn, conditions. As a result, consultation will take Nuttall, Palaszczuk, Pearce, Purcell, Roberts, place with the wider school community. That Robertson, Rose, Schwarten, Smith, Spence, period of consultation provides an opportunity Sullivan J. H., Welford, Wells. Tellers: Livingstone, for all members of school communities— Sullivan T. B. parents, school staff, students and other NOES, 43—Baumann, Beanland, Borbidge, Connor, stakeholders—to comment on the proposals. Cooper, Cunningham, Davidson, Elliott, FitzGerald, A discussion paper on school councils will be Gamin, Gilmore, Goss J. N., Harper, Healy, Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Lingard, released shortly. That discussion paper lays Littleproud, McCauley, Malone, Mitchell, Perrett, out in some detail one model of school Quinn, Radke, Rowell, Santoro, Sheldon, Simpson, councils and explains the membership, roles, Slack, Stephan, Stoneman, Tanti, Veivers, Warwick, functions and powers of school councils and a Watson, Wilson, Woolmer. Tellers: Springborg, number of operational matters. The discussion Carroll paper will be distributed to schools, parents Pair: McElligott, Grice and citizens associations and other interested Resolved in the negative. parties. Three months will be provided for consultation. After the process of consultation In division— and taking account of the outcomes of the Mr HAMILL: I rise to a point of order. In process of consultation, legislation will be the amendment which has been circulated by developed to ensure that, through the school the Minister for Education, there appears to be council partnership, school communities will some error. I know that he is trying to explode have greater authority, responsibility and the regional structure of the department, but accountability for decision making within he is suggesting that there might be a systemic frameworks. "dimunition" in teaching resources. I am just Some very misleading stories have been wondering whether he means "diminution". circulating throughout our schools and their Mr SPEAKER: Not "demolition". Order! communities to the effect that school councils Amendment agreed to. will be able to sack principals and teachers. Motion, as amended, agreed to. That is mischievous nonsense. The Government seeks a collaborative relationship between school councils and school staff. ADJOURNMENT Legislation will be developed to support that. Mr FITZGERALD (Lockyer—Leader of The proposal to develop school councils has Government Business) (7.03 p.m.): I move— been carefully developed to ensure an "That the House do now adjourn." appropriate balance between the roles and responsibilities of different partners in Leading Schools. Principals of Leading Schools will be Proposed Bracken Ridge able to exercise more effective educational Neighbourhood Centre leadership in the day-to-day management of Mr NUTTALL (Sandgate) (7.03 p.m.): schools. It would be inappropriate for school This morning in question time a number of councils to seek to interfere in that operational questions were asked of the Honourable 18 Mar 1997 Adjournment 559

Minister for Families regarding the conduct of nonsense from the Government, the Minister his director-general. for Families or his director-general. Ms Bligh: And he couldn't answer those The project that has been put forward questions. should be determined on its merits as a viable Mr NUTTALL: That is correct. I take the and beneficial project for the people of interjection from the honourable member for Bracken Ridge. It should not be determined South Brisbane. The Minister could not answer on political patronage. As I have said, on those questions. These are serious allegations behalf of that neighbourhood centre, I made regarding the behaviour of the Minister's representations to the Minister. I asked the director-general and his department generally. Minister whether he would consider This morning, I referred honourable members contributing money towards those extensions. to a letter that I received from the Minister on The Minister responded clearly that there was 29 November—and I table that letter—which no money available. Why is it that three or four indicated clearly that, with regard to my months later his director-general is able to say, representations seeking extensions or money "Yes, we will consider it if the people vote for to assist community groups in the the Liberal Party"? neighbourhood centre in my electorate, the The reality is that the director-general is a response from the Minister was that money public servant who is doing the bidding of the was not available. Government in an election campaign. However, subsequent to that, in an Mr T. B. Sullivan: It is improper. election campaign, a photo of the Minister's Mr NUTTALL: It is improper and it is director-general appears in my local paper with wrong. I support the work being done by those the headline "Liberals promise extensions". In community groups in that neighbourhood that photo is the director-general, the centre. I made representations on their behalf incumbent councillor—— and the Honourable Minister said, "No, I am Ms Bligh: The Liberal councillor. sorry, I cannot help you." I call on the Minister Mr NUTTALL: The endorsed Liberal to give a public undertaking to the people in councillor and the Lord Mayoral candidate. my electorate and to this Parliament that there The article states that if the people elect a will be no political patronage and that he will Liberal council to Brisbane, the director- make sure that that money is forthcoming for general's department will look favourably at that neighbourhood centre within my giving money to that neighbourhood centre. electorate, as was promised by Allan Male if Basically, the director-general is saying, "You they voted for a Liberal council. The people vote Liberal and I will give you money for your have not voted for a Liberal council. Tonight, neighbourhood centre." in this Parliament, the Minister should give a commitment to those people that that money I made representations on behalf of that will be forthcoming, because they deserve it. neighbourhood centre. Whether or not that neighbourhood centre receives funding should be determined on the merits. It should not be Child-care Initiatives determined by the political aspirations of Mrs WILSON (Mulgrave) (7.08 p.m.): It candidates; it should not be determined by is timely for this House to become aware of political patronage; and it should not be some of the child-care initiatives taking place determined by a director-general saying to a in this State. I would like to talk about the community, "If you support Liberal Party child-care program which continues to license candidates, we will give you the money." It is child-care services, monitor compliance with not good enough. It is also not good enough the child-care legislation, fund a variety of for the Minister to rise in this place today and child-care services and provide information say that his director-general is doing his job. and resources to parents and the child-care He is not doing his job; he is doing the bidding community. Some of the initiatives centre of the Liberal Party. He is saying to the people around the Rural Children's Centres program. in my electorate, "If you vote in a particular We have not forgotten rural families because, way, we will support you." It is not good under that program, $4.35m will be made enough. available to rural and remote communities The people in my electorate will not cop over the next three years. These funds will that, and at last Saturday's election they did provide support for up to 40 communities to not cop it because areas in my electorate enhance their existing infrastructure to recorded swings of up to 16% towards Labor. respond to rural families' needs for child care. Those people are not going to cop that sort of This program will explore appropriate services 560 Adjournment 18 Mar 1997 for rural and isolated communities. It will take existing services and creating new programs into account the different needs of each area over the next three years. New initiatives will and services will be provided accordingly. The focus on upgrading existing out-of-school- service responses may be as simple as adding hours care facilities and developing new out- to a local community a church hall so that it of-school-hours care services for young people can be used for play groups or they could be aged 13 years to 15 years. Queensland is the as complex as developing a multifaceted first and only State to assist those services to service that is designed to meet the needs of meet national standards with a funding children from birth to the age of 15. package of $4.3m. Those funds, in addition to Three outreach services will be the $426,418 which was approved in June established. Those services will provide an 1996, will assist services to upgrade their important link for isolated communities and facilities in line with the agreed national people living on properties and bring early standards. A total of $2.7m will be distributed childhood education and care resources to to approved services in April 1997. their door. One such service has been Another first for Queensland is the approved already and will be operational in the Outside School Hours Care Activities for very near future. That service will be based in Young People (13-15 year olds) Program. This Charters Towers and its operations will extend initiative responds to growing community and as far north as Cooktown and as far west as parental concern regarding the supervision of Julia Creek. It will also include the very isolated young people out of school hours. In February gulf country. Families in rural areas are this year, this program was advertised with certainly happy with those initiatives. applications closing on 21 March. Currently, Over the next three years, the Red Cross departmental staff are assisting community- Playscheme will receive $300,000 to expand based organisations to develop their and enhance its program across the State. applications. Funds totalling $158,000 will be The Red Cross Playscheme was established in distributed to approved services in May 1997. 1986 at the Mater Hospital and the Royal The Child-care Information Service Children's Hospital in Brisbane. The scheme provides information to a broad section of the now operates in 16 hospitals across the State Queensland community, including parents, and, as a result of my department's funding, a families, students, developers, child-care new scheme will open in Bundaberg during providers, licensees or potential licensees and April. Additional resources have been valuers on a range of child-care related topics. purchased for use by children across the State The information service aims to increase by the Red Cross Playscheme. The purpose of knowledge of what constitutes quality child the Playscheme is to help children adjust to care, knowledge of the range and availability their hospital stay by bridging the gap between of child-care services in the community, and home and hospital through play. Playscheme awareness of the rights and obligations of operates in children's wards, in outpatients, in child-care service consumers. The information antenatal clinics and accident and emergency service provides a free telephone call departments and it provides a range of play information service and publications and activities involving sick children and their resources, including videos. siblings. Volunteers ranging from students to Time expired. retired people who come from all sorts of backgrounds form the backbone of the scheme. With the additional funds, Red Cross Gunalda Range Road has now been able to provide training to its Mr DOLLIN (Maryborough) (7.13 p.m.): volunteers, beginning with a Statewide Road users should not hold their breath coordinators conference to be held in Brisbane waiting for the completion of the new road at the end of April. I might say that the TAFE over the Gunalda Range. Despite the students in Cairns have spent a number of promises made by the Federal member for hours at the Cairns Base Hospital and they Wide Bay, Mr Truss, in the lead-up to the last have been able to bring quite a number of election that there would be an early start to play activities to the children who come from the project, it now appears that travellers will very remote parts of the State to that hospital. have to wait till next century before the new The Queensland Government recognises route becomes available. No Federal funding the importance of high-quality, supervised care has been made available for the project for children before and after school hours and except that provided to Maunsells by the during holiday periods for working families. The previous Federal Government to investigate Government will spend $6.06m on improving and recommend a new route over the range. 18 Mar 1997 Adjournment 561

Maunsells' draft report, completed in Evaluation January this year, recommended route A2. In terms of topography route B2 The Main Roads Department accepted this requires a 43m high"— recommendation and advised the land-holders accordingly that route A2 would be the I would call it "deep"— preferred route. However, within an hour of a "cutting which is 10m higher (33%) than meeting of the land-holders at Gunalda on 23 route A2. Conversely route A2 requires a January, a Main Roads representative small area of 22m deep fill as opposed to appeared to change his mind—or had it route B2 which requires a large area 13m changed for him—and advised certain land- deep fill. Route B2 therefore changes the holders that the alternative route B2 would be topography more adversely than route the preferred route. This has caused great A2. anguish and concern. Now none of the land- The alignment of route B2 in new holders know where they stand. location, running directly up the hill with In my opinion, Main Roads could have large fills and a deeper cutting than route handled its consultation with affected land- A2 which runs along the side of the hill holders with more consideration and tact. Fruit near the existing highway must be growers in the area have great concerns about considered to have a less desirable visual the effects that a cutting in the mountain impact than route A2. would have on the area's climate. A cutting Whilst the Bureau of Meteorology has the potential to let frost and fog into the has indicated that neither route affects fruit-growing area north of the range that the local climatic conditions, a significantly currently enjoys a much warmer climate than deeper cutting (33%) will be more likely to does the southern side. affect the climate and therefore route A2 The confusion, frustration and anger must be preferred in this regard. being felt by the affected land-holders is understandable considering that Main Roads Route B2 also moves the highway has now returned the draft report to Maunsells nearer to 6 properties, all of which were for its reconsideration and, it would appear, not previously affected by the existing the overturning of the draft recommendations. highway alignment. The residents of the area are asking why. Route B2 therefore has a significantly Many believe that it is because the member for more adverse impact than route A2 in Wide Bay, Mr Truss, has arranged ministerial regard to environmental impacts." approval of Maunsells recommendations to be Plainly, the political interference by the reversed to route B2. Federal member is totally out of order and Maunsells draft report recommendations should be the subject of CJC investigations. state— We cannot allow a return to the corrupt old "The recommendation is a value days when Ministers could go against judgement based on road project independent recommendations to assist objectives stipulated. mates. I ask the Minister for Main Roads to look very carefully at this matter before it gets If the objective is for example: out of hand. I trust him to do that in an To provide a safe road to national honest, even-handed and fair way. I ask for highway standards, with good economic his urgent attention to this matter. returns and with the least impact on the environment, existing land use and disruption to the community at a lower Smithfield Community Radio cost. Broadcasting Association Incorporated Then route A2 should be chosen. If Ms WARWICK (Barron River) the objective is for example: (7.18 p.m.): I rise to tell the House a good news story about a group of young people To provide a safe least cost solution from my local high school. They are students with the best economic return but with of Smithfield State High School and they are acceptable impacts and minimal participating in a project to establish a disruption to the community and land use. community radio station. Smithfield State High Then route A2 should still be chosen School boasts a school community of as the cost disbenefits over route B2 are approximately 1,000 students and has small but the environmental and land use recently been chosen as a pilot school for the impact are significantly less. school-based policing program. The school 562 Adjournment 18 Mar 1997 has a culturally diverse population and it is the gaining a full-time community broadcasting only State high school in my electorate. licence and allows 90 days of broadcasting per The project began in 1996 in response to year. An application has been lodged for a full- a need identified in the local community for time community radio licence, but until the youth-oriented activities and input into licence allocation plan for the Cairns area is programming on radio. At a meeting of the completed, no more community radio licences Radio Broadcasting and Student Production will be granted. Group in late 1995, it was proposed that the Community support for the community group had reached the point where the move radio has been outstanding. There has been to community broadcasting was an achievable support from a lot of people, including the and desirable goal. After extensive local Federal member, Warren Entsch, me consultation with the intended audience and and the local councillor. Neighbouring primary other interested community organisations, the schools in the Barron River electorate have decision to move in this direction was made pledged support, as have the Education and the Smithfield Community Radio Department, the school principal and the Association Incorporated was formed. P & C association. Trial broadcasts took place Smithfield Community Radio Association last week, and the response from the public Incorporated represents the interests of the was beyond all expectations. Calls have been youth of the area, with particular emphasis on received from numerous people who heard youth in the Smithfield/Marlin Coast the trial broadcasts and were suitably and community, which is in the heart of my surprisingly impressed. electorate. The objectives of the group are I was honoured and pleased to have many and varied and include the provision of been one of the guests, and I was very access to training, production facilities and air impressed with the commitment and time to the youth of the region and to professionalism of the young people involved community groups which provide services to in the project. I place on record my the youth of the region; the provision of congratulations and best wishes to the entertainment programs which cater for the students of Smithfield State High School, to needs of youth who are often disfranchised by Mr Mark Delaney, the project officer, to Mr commercial considerations; the development John Hamilton and also to Mr Larry Gallagher, of programs of an analytical nature which will the school principal, who has given unqualified empower the listener with the information support to the project. As I mentioned at the required to make decisions on issues of beginning of this speech, this is a good news relevance to them; the encouragement of story, and I salute the community of Smithfield youth performances and creative endeavour State High School. through exposing students to a wide audience; and the fostering of exploration of radio as a medium by encouraging Flooding, North-west Queensland; Mr experimentation and innovation in writing, R. Hookey production and presentation. Hon. T. McGRADY (Mount Isa) During 1996 and the early part of 1997, (7.22 p.m.): Tonight, I rise to say a few words considerable progress has been made about the recent floods which devastated towards the broadcasting goal. Community north-west Queensland. However, before I do support has been gained, as has Department so, I wish to recognise the presence in the of Education approval for the site. An public gallery of Mr Reg Hookey and his wife incorporated association has been formed with Mandy. Reg is the Chairman of the North continuing fund raising for studio equipment. West ATSIC Regional Council and a man who Further expansion has occurred in the has certainly shown great leadership in the commitment to youth activities and with the short time he has held that position. I expect a introduction of live concerts by the students in great deal from him in the years ahead. the school plaza. Programs have been The recent floods in north-west developed to reflect the community Queensland have brought much-needed rain expectation and the number of programs to that part of the State and to land which has which are broadcast to the school via its PA been parched for many years. However, those system has been increased. An application rains also caused massive damage to has been submitted to and approved by the properties, homes and businesses. Words Australian Broadcasting Authority to enable cannot describe the sense of loss that people the radio to begin aspirant community felt as their family photographs, birth broadcasting. This is the first step towards certificates, marriage certificates, records of 18 Mar 1997 Adjournment 563 years gone by, family videos and special happened in response to the Charleville personal items were totally destroyed as the floods. Some houses must be available floodwaters overtook everything. At times of somewhere around the State which can be adversity, such as the recent flooding, the transported to Mount Isa and Cloncurry to people of the west join together and work as assist those people whose houses have been one. As I visited the township of Cloncurry, I totally destroyed. was flabbergasted to see the way in which the I want members to understand that I am SES, Fire Service officers, the CWA, the not trying to make political mileage; I am council work force and the general public all bringing to the attention of the Parliament the rallied to assist their neighbours who had plight of many of the people I represent. I am suffered a great deal. sure that with goodwill my request tonight will Back in 1974 there were major floods in be acceded to by the responsible Minister. the north west. The powers that be at the time organised a flood relief fund. Once all of the Time expired. claims were paid out, there was in excess of a quarter of a million dollars left in the kitty. Those moneys have been invested wisely, Brisbane, Public Transport and today that fund contains about $580,000. Hon. V. P. LESTER (Keppel) The three trustees—the Federal member for (7.27 p.m.): Recently, the provision of bus Kennedy, the Mayor of Mount Isa and I—were lanes has been receiving some attention in able to give immediate relief to many of those the City of Brisbane. As a member of the people who had suffered great hardship. Minister's transport committee, it is fitting that I Tonight I wish to place on record my thanks make a comment on this issue. and appreciation to my fellow trustee the In Brisbane, there is no doubt that we Mayor of Mount Isa, Councillor Ron have the ball at our feet. We have a very well McCullough, and also to a lady who is planned, clean and developing city. We need coordinating the activities in Cloncurry, Mrs to plan now to ensure that the population Betty Kiernan, who did an excellent job. makes more and more use of public transport. Tonight I wish to bring home to the People will do this only if the service is fast and Government and members of the Parliament efficient. That is the case with respect to trains. the stress that people go through at such We have probably one of the greatest rail times. Obviously, this is not the time for any systems in the world. However, the story is a member to try to make political capital out of a little different in relation to bus transport, natural disaster. I recognise that Minister although a lot of work has been done recently Veivers and Minister Lingard paid a visit to with the aid of engineers such as McCormack Cloncurry and Mount Isa. I wish also to place Rankin, which has greatly assisted the on record my appreciation for the many Brisbane City Council and the Government. telephone calls that I received from the Minister for Transport, Vaughan Johnson. At In my view, building an additional tunnel is times like this, we can work together. something that should be considered. Some people have raised the issue of the cost of In some cases, people have seen their such a proposal. However, we need to homes totally destroyed—floating down the recognise the efficiencies that a tunnel would Leichhardt River. All of the assistance in the provide in 20 years' time. world cannot help those people. Businesses have been destroyed, yet because of the Recently, I spent a day inspecting the assets, means and income tests, nothing or progress on bus lanes in Brisbane. Although very little can be done to assist those people. progress is being made, a lot more needs to At the time of the Charleville floods, I be done. Interestingly, when I visited Ottawa understand that Terry Mackenroth, the then recently, I noted the difference that city responsible Minister, brought 15 houses into administration's efforts have made since I was Charleville so that people at least had a house there some years ago. We should do what we in which to live. Those houses from various can to ensure that the public gets behind the parts of the State were given to those people council's public transport strategy in a big way. ex gratia—no payment was made. I believe Time expired. that the floods in the north west of the State were equally damaging to our people. I ask Motion agreed to. the Government to take on board what The House adjourned at 7.30 p.m.