14 Nov 2000 Legislative Assembly 4339

TUESDAY, 14 NOVEMBER 2000 Darling Downs—Moreton Rabbit Board Gladstone Area Water Board Operations of the Land Tribunal Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) established under the Aboriginal read prayers and took the chair at 9.30 a.m. Land Act 1991 Department of Emergency Services QUEENSLAND PARLIAMENTARY SERVICE Queensland Ambulance Service Annual Report Queensland Fire and Rescue Authority Mr SPEAKER: Honourable members, I lay upon the table of the House the annual Department of Communication and report of the Queensland Parliamentary Information, Local Government, Service for 1999-2000. Planning and Sport Queensland Board of Senior Secondary School Studies PETITIONS Queensland School Curriculum The Clerk announced the receipt of the Council (P-10) following petitions— Queensland Tertiary Education Foundation Dogs Addendum to the Tertiary Entrance From Mr Rowell (368 petitioners) Procedures Authority Annual Report 1999 2000 tabled on 28 September requesting the House to consider making the 2000 practice of removal of tails and dewclaws from dogs for cosmetic reasons illegal. Trustees of the Local Government Debt Redemption Fund—Financial Statement 1999-2000 Herbert River STATUTORY INSTRUMENTS From Mr Rowell (1,687 petitioners) The following statutory instruments were tabled requesting the House to reduce flooding in the by The Clerk— Herbert River district by considering Acts Interpretation Act 1954— improvements being made to the flow of the Herbert River by eliminating sand islands and Acts Interpretation Amendment Regulation sand build up which restricts the capacity of (No. 1) 2000, No. 280 the river. Agricultural Chemicals Distribution Control Act 1966—

Sunshine Coast, Dental Services Agricultural Chemicals Distribution Control Amendment Regulation (No. 1) 2000, From Miss Simpson (53 petitioners) No. 283 and Explanatory Notes and requesting the House to call on the State Regulatory Impact Statement for No. 283 Health Minister to employ more dentists and Fuel Subsidy Act 1997— provide additional funding to the public dental service on the Sunshine Coast to reduce Fuel Subsidy Amendment Regulation (No. 3) 2000, No. 278 unacceptable waiting times. Keno Act 1996— Petitions received. Keno Amendment Rule (No. 1) 2000, No. 284 PAPERS Nature Conservation Act 1992— PAPERS TABLED DURING THE RECESS Nature Conservation (Forest Reserves) The Clerk informed the House that the Regulation 2000, No. 282 following papers, received during the recess, were tabled on the date indicated— Superannuation (State Public Sector) Act 1990— 13 November 2000— Superannuation (State Public Sector) Annual Reports for 1999-2000— Amendment Regulation (No. 2) 2000, Department of Corrective Services No. 279 Department of Housing Transport Infrastructure Act 1994— Department of Public Works Transport Infrastructure (Rail) Amendment Department of Natural Resources Regulation (No. 1) 2000, No. 281 4340 Legislative Assembly 14 Nov 2000

MINISTERIAL PAPERS Queensland Power Trading The following papers were tabled— Corporation (a) Attorney-General and Minister for Justice Stanwell Corporation and Minister for The Arts (Mr Foley)— Tarong Energy Corporation Annual Reports for 1999-2000 Limited Department of Justice and (e) Minister for Aboriginal and Torres Strait Attorney-General (including Arts Islander Policy and Minister for Women's Queensland) Policy and Minister for Fair Trading (Ms Spence)— Legal Aid Queensland (b) Deputy Premier and Minister for State Annual Reports for 1999-2000— Development and Minister for Trade (Mr Department of Equity and Fair Elder)— Trading Department of State Development— Department of Aboriginal and Annual Report for 1999-2000 Torres Strait Islander Policy (c) Minister for Health (Mrs Edmond)— and Development Annual Reports for 1999-2000 Queensland Building Tribunal Council of Queensland Institute Residential Tenancies Authority of Medical Research and the (f) Minister for Primary Industries and Rural Queensland Institute of Medical Communities (Mr Palaszczuk)— Research Trust (combined) Annual Reports for 1999-2000— (d) Minister for Mines and Energy and Minister Assisting the Deputy Premier on Queensland Fisheries Regional Development (Mr McGrady)— Management Authority Annual Reports for 1999-2000— Queensland Sugar Corporation Department of Mines and (g) Minister for Tourism and Racing (Mrs Energy Rose)— Electrical Workers and Annual Reports for 1999-2000— Contractors Board Department of Tourism and AUSTA Energy Corporation Racing Limited Tourism Queensland CS Energy Group Queensland Principal Club Energex Limited Greyhound Racing Authority Energex Retail Pty Ltd Trustees of the Albion Park Ergon Energy Corporation Raceway (and Financial Limited Statements) Ergon Energy Pty Limited and (h) Minister for Employment, Training and Controlled Entities Industrial Relations (Mr Braddy)— Queensland Electricity Annual Reports for 1999–2000— Corporation Limited (trading as Powerlink) Department of Employment, Training and Industrial Relations Queensland Power Trading Corporation Vocational Education, Training and Employment Commission Stanwell Corporation Tarong Energy Corporation QÐLeave Limited President Industrial Court of Statements of Corporate Intent for Queensland 1999-2000— Dalby Agricultural College AUSTA Energy Corporation Emerald Agricultural College Limited Longreach Agricultural College CS Energy Group Australian College of Tropical Energex Limited Agriculture Ergon Energy Corporation (i) Minister for Education (Mr Wells)— Limited Education Queensland— Queensland Electricity Corporation Limited (trading as Annual Report 1999-2000 and Powerlink) Volume 2 : Appendixes. 14 Nov 2000 Ministerial Statement 4341

MINISTERIAL STATEMENT MINISTERIAL STATEMENT Superannuation of Mr W. T. D'Arcy; Advisory National Depression Initiative; St Andrew's Panel Hospital; Smith Family Hon. P. D. BEATTIE (Brisbane Central— Hon. P. D. BEATTIE (Brisbane Central— ALP) (Premier) (9.35 a.m.), by leave: I wish to ALP) (Premier) (9.37 a.m.), by leave: advise the House of the make-up of an Depression is the most common mental illness eminent advisory panel to review the ethical in Australia. One in 20 Australians will suffer and legal considerations of the clinical depression in their lifetime. One in five superannuation payout to former teacher and will suffer some type of mental problem or MP Bill D'Arcy. The panel includes the Chair, disorder. For people with depression, the Dr Mark Robertson, who is a senior and problems of the illness itself often are respected barrister with expertise in taxation compounded by the stigma associated with it. law; Sir James Killen, KCMG; Christine Maher, This national issue needs national attention, a partner of Corrs and Chair of the and that is why the Queensland Government Superannuation Committee of the Law Council will work with the National Depression Initiative. of Australia, who is nationally recognised as a I am pleased to advise the House that my leader in her field; and the Under Treasurer, Government will assist the work of the National Gerard Bradley, who will contribute expertise Depression Initiative through a financial on Government and parliamentary contribution of $100,000. superannuation issues. The initiative is chaired by the former I have given the panel terms of reference Victorian Premier, the Honourable Jeff to carefully consider the ethical, social, legal Kennett—with whom I met last Wednesday at and parliamentary issues of the payment, and Parliament House to discuss the proposal— both the appointees and the terms of and aims to— reference were approved by Cabinet destigmatise depression in Australia within yesterday. I have asked the panel to report to 10 years through community education me as soon as possible with respect to, firstly, and awareness; the recoupment of the superannuation payment made to Mr D'Arcy upon his advance the understanding and resignation as a member of the Legislative treatment of depression through scientific Assembly, including but not limited to the research; following: the terms of the work with the medical profession to better State/Commonwealth agreement on assist them in working with people with superannuation; fundamental legislative depression and to reduce the incidence of principles; retrospectivity and prospectivity in depression within their professional ranks. relation to a person or class of persons; the Research has found that approximately type and consequences of any legislative 60% of people with depressive disorders do amendments; potential costs and benefits; not seek assistance with their illness. The consistency with treatment of other publicly National Depression Initiative hopes to greatly funded superannuants; impact upon reduce that figure for the benefit of the dependants; the issue of compensation for individuals and society generally. The victims; and how broadly these principles Queensland Government looks forward to should apply and whether there should be a working with the other States and Territories to community standard; and, secondly, raise the awareness and understanding of recommend a preferred course of action and depression in Australia. I congratulate Jeff appropriate mechanisms for implementation of Kennett on his involvement in this important the advisory panel's recommendation; and, initiative. thirdly, any other matter I might refer to it. Health is one of the priorities of my I have established this panel following Government and, along with the Minister, I am growing community concern in relation to the always pleased to support people and receipt by Mr D'Arcy of his superannuation organisations who share the goals of improved entitlement upon his resignation from health services and infrastructure. On Parliament on 9 January 2000. This Thursday, 9 November I had the pleasure of entitlement included a net publicly funded taking part in the groundbreaking ceremony for component of approximately $284,051.86. the first stage of the redevelopment of St The appointment of the panel and the terms Andrew's War Memorial Hospital. Present were of reference will ensure that there is a board members of the Uniting HealthCare recommendation for a non-political course of Group and St Andrew's Hospital, the hospital action. The panel will report to me as soon as management team, visiting medical the work is completed. practitioners, staff and other guests. 4342 Ministerial Statement 14 Nov 2000

The $17.5m Stage 1 redevelopment of will be given to children and 23,000 food the hospital includes construction of a nine- hampers will be delivered to families in need. storey building with five car parking levels and This Christmas there will be a special four temporary ward accommodation levels. Queensland initiative in the form of the Toy There will be two new operating theatres, Soldier Appeal being sponsored by some very including a state-of-the-art combined generous companies. I especially want to angiography suite allowing the hospital to commend businesses like the Myer Centre, expand its highly successful diagnostic testing Westpac, Energex Ltd and Radio 4BC. They and emergency operations procedures. are putting their support behind the Smith St Andrew's is committed to providing first- Family in the hope of making some young class health facilities to Queenslanders— as is Queenslanders happy this Christmas—young my Government. One of the biggest issues for Queenslanders in need. any Government is to ensure that we have the On behalf of the Smith Family, I ask best mix of health services available to the everyone in Queensland to open their hearts community. Queensland's health system faces and pockets and give generously to the Smith major pressures over the next few decades Family Christmas 2000 Appeal. On behalf of with continued migration from the southern all Queenslanders, I thank the Smith Family States and an ageing population. My and its volunteers for helping to make life Government is working to meet the demands easier for those in need. of the health care system with the continuation of the $2.8 billion Statewide Health Building Program and this year's allocation is an MINISTERIAL STATEMENT estimated $473m. Fuel Prices My Government is also determined to Hon. P. D. BEATTIE (Brisbane Central— provide high-quality health care in partnership ALP) (Premier) (9.42 a.m.), by leave: The with the private sector—a comment I made boom in Federal tax collections finally puts the very strongly at the St Andrew's lie to John Howard's pitiful complaint that the groundbreaking ceremony. We recognise that call to freeze the excise would threaten the both the private and public sectors offer many surplus. John Howard has admitted that there unique benefits to the health care system. is a billion-dollar windfall. He did that a few Collaborative arrangements between the days ago. He has admitted that he can spend private and public sectors provide more that windfall. expanded facilities and so improve service in What John Howard will not admit is that both areas and broaden the financing options struggling motorists deserve petrol price relief. available to Government and the private John Howard's mid-year review has been sector, helping us to provide hospital brought forward by one month in a deliberate infrastructure earlier than might otherwise have attempt to understate the GST windfall. Only been possible. 10 days ago, the Prime Minister told Premiers Another organisation that deserves that the mid-year review of the Budget would commendation for its work with people in our be considered in December, that is, the middle community is the Smith Family. At lunchtime in of the financial year—which any sensible and the city today, I will launch the Smith Family's prudent Government would do. Christmas 2000 Appeal. The Smith Family's John Howard knows that if he waits until origins lie in 1922 when five Sydney December, he will have to report a further businessmen, who had shared in a successful windfall from the GST. So he brought forward year, decided to take a bag of toys to an the mid-year review to contain his extra surplus orphanage to cheer up the children at to $1 billion from company tax and resource Christmas. Seventy-eight years on the Smith rent tax. That still leaves extra GST from higher Family is still lending a helping hand to petrol prices, extra GST from the 500,000 new Australians—more than a quarter of a million businesses that have popped up out of the each year. Every year the Smith Family returns woodwork to register under the new tax system to that tradition of delivering Christmas toys and extra GST from the stronger than and dinner, as well as providing financial help expected economic activity. to families in crisis. On behalf of the Queensland With Christmas fast approaching there Government last week I presented a could not be a more appropriate time for us to submission to the Federal Labor inquiry into help the Smith Family help others. This year's petrol prices chaired by Senator Peter Cook. I Christmas appeal has a national target of table a copy of that submission for the $5.5m. At Christmas more than 70,000 toys information of honourable members. I pointed 14 Nov 2000 Ministerial Statement 4343 out to the committee that fuel prices in the Beattie Government has played a critical Queensland have increased by 25% over the role in ensuring that Woolworths expands in last 12 months. For the first time, diesel fuel is Warwick. What the department has given in now much more expensive than unleaded support through training and payroll fuel. LPG has lost its competitive advantage deductions is a very small investment as an alternative fuel, leaving the nation's compared to the jobs and financial dividends energy policy in a mess. for the people of Warwick and all The British Government has just Queenslanders. announced a 10c per litre cut in fuel excise. If The flow-on effects from this decision will Tony Blair's Government can provide a major be significant. The Warwick operation services concession without threatening interest rates, Woolworths stores from Cairns to Canberra why can't John Howard? and the business flow-on benefits from The Queensland Government submission transporting goods as well as Woolworths' recommends, firstly, a freeze on the February recruitment policy has built a reputation for its excise indexation increase, which could be up commitment to the Warwick community in to 3c per litre. Secondly, if the Howard pursuing training and developing programs Government refuses to freeze the February that deliver career paths and opportunities indexation—which is our first and preferred through to management level. The company position—it should redirect this windfall has developed a 12-month traineeship revenue to additional road construction program with TAFE at Warwick and 180 staff expenditure. A good place to start would be have achieved certificate level 3 to national accelerating the six-laning of the Bruce competency standards. Highway to Caboolture. This Government is continuing to focus on If John Howard goes ahead with the job creation and delivering for all February excise increase, the total Queenslanders. The Woolworths decision is Commonwealth tax take could rise above 50c the fourth such announcement in as many per litre. That means that for every litre of weeks—announcements that have created no petrol we buy, 50c will be going into John less than 532 new jobs in this State in those Howard's pocket. Of course, in Queensland, four weeks, and there is more to come. our fuel price subsidy will reduce that impact by 8.4c per litre, but that will come from the State Budget, not from John Howard's pocket. MINISTERIAL STATEMENT It was only a year or two ago that the total Separation of Conjoined Twins price of petrol in Queensland was in the high Hon. W. M. EDMOND (Mount Coot-tha— 50c bracket. Soon motorists will be paying that ALP) (Minister for Health) (9.47 a.m.), by leave: amount in Commonwealth petrol taxes. I would like to take this opportunity to congratulate and thank the dedicated staff at MINISTERIAL STATEMENT the Royal Children's Hospital for successfully separating conjoined twins Monique and Woolworths Distribution Centre, Warwick TayÐlah Armstrong. I am sure that the images Hon. J. P. ELDER (Capalaba—ALP) in today's media would have moved all caring (Deputy Premier and Minister for State Queenslanders. Development and Minister for Trade) This world-class achievement has been (9.45 a.m.), by leave: Yesterday the Premier the result of teamwork at all levels and across and I announced yet another success story for other hospitals. First I mention the teamwork Queensland. Major Australian retailer between the Royal Women's Hospital, Prince Woolworths has announced that it will build a Charles Hospital and the Royal Children's new $15m distribution centre in Warwick. Its Hospital—three of the premier tertiary hospitals decision will mean another 200 jobs in in Queensland Health. Within each of these Warwick—100 full-time positions and a further hospitals, there has been a team of people 100 jobs in the construction phase. Only four involved in caring for the twins, and I thank years ago I was part of a successful deal by all of those individual teams. At the the Goss Government to bring Woolworths to Royal Women's Hospital, the team Warwick. That decision initially provided 150 included obstetricians, ultrasonographers, jobs for the township. This single operation neonatologists and skilled nurses. The Prince now employs 190 people, making Woolworths Charles Hospital team involved cardiologists, one of the largest employers in Warwick. cardiac surgeons and nurses. At the Royal Just as the Goss Government was Children's Hospital, a diverse group of involved in bringing Woolworths to Warwick, specialists has been involved in the twins' care. 4344 Ministerial Statement 14 Nov 2000

While I will mention some of the key This has been a unique event, and the players, I know there are many others achievement by the team should be involved. The medical team has been led by celebrated. There are also some broader Dr David Slaughter and supported by the other issues we need to look at. We should paediatricians of his unit and their registrars. celebrate our successes at all levels. The girls have been cared for in Fraser Ward, Queensland Health is a quality organisation and I wish to particularly commend Julie committed to providing quality care for the Donnan and her team of dedicated nurses. people of Queensland. It is an organisation The dedicated team of allied health staff that these hard-working people can be proud includes social workers, physiotherapists and to be a part of. This particular event speech pathologists. The team of people demonstrates the benefits of teamwork. This required for the surgical separation was needs to be encouraged and developed. progressively assembled and there was Let me close by saying how proud I am of extensive consultation with national and the achievements of everyone involved. I am international experts. sure every member in this Chamber would We have all seen the state-of-the-art want to join with me in congratulating them modelling techniques that were used in and thanking them for their success. It planning for this complex surgery. The surgical demonstrates that the people of Queensland separation on 24 October was led by staff undoubtedly have access to world-class specialist in neurosurgery, Dr Scott Campbell hospitals staffed by people of world standing, and comprised: in neurosurgery, Dr Gordon whatever stream they come from. Congratulations to everybody on a job well Stuart and Dr Eddie Cheng; in plastics, Dr done. Richard Theile, Dr Peter Catt and Dr Juanita Ling; and in anaesthetics, Dr Phil Stevens, Dr Bob Reith-Muller, Dr Lyndall Paterson and Dr MINISTERIAL STATEMENT Cameron Hastie. The surgical team was Penalties and Sentences supported by Judith Hewett and her team of operating room nurses. I was kept informed of Hon. T. A. BARTON (Waterford—ALP) the progress of the surgery and shared the (Minister for Police and Corrective Services) sense of relief and triumph when the twins (9.52 a.m.), by leave: In a number of recent were separated. decisions, the Queensland courts have departed from established attitudes towards Post-operatively, the intensive care team the granting of remission for prisoners swung into action—I must say for a surprisingly sentenced to terms of imprisonment in this short period of time. I understand Monique State. Those decisions have opened up a and Tay-lah are back in Fraser Ward and are number of possibilities in relation to the early making reasonable progress. Our thoughts discharge of prisoners which this Government remain with the twins' parents and family finds intolerable. I am sure the vast majority of throughout this difficult time. Queenslanders would share that view. A special mention should also go to Put simply, these recent court decisions Mohan Singh and his team in Engineering have the potential to transform the granting of Services for their great effort in restoring the remission into a right of release rather than a chilled water supply and airconditioning privilege granted in cases where it is deserved. following a temporary hiccup. It just goes to These decisions potentially mean two things. show that, no matter how much one plans, Firstly, prisoners who are on parole—that is, there is always something that can go wrong. receiving supervision on their release back into the community—must be granted remission The management of the media interest in when the two-thirds point in their sentence is this event was a task in itself and I wish to reached. That removes them from the specifically commend Kim Johnston, who was supervision of the department. Secondly, seconded from the Prince Charles Hospital. prisoners released on parole who are taken Kim was supported by Rachel Haydon and back into secure custody for breaches of their Jane Bebbington at the Royal Children's parole conditions may be able to sue for Hospital, as well as Christine Bain at the Royal unlawful imprisonment if they are kept behind Brisbane Hospital. I thank all four of them for bars past the point where they may have been the professional way in which the event was granted remission. As members would agree, handled. The team themselves paid tribute to those are indeed serious repercussions. District Manager Professor Alan Isles for his We may end up with the distasteful support, organisation and management of the situation where prisoners receive more money whole procedure. for compensation for unlawful imprisonment 14 Nov 2000 Ministerial Statement 4345 than is received by the victims of crime. This homes of students through newsletters and Government does not consider remission an other means. automatic right of release and will not Most of these are simple messages about contemplate the possibility of paying damages electricity, but they can help to save lives. If we to prisoners for unlawful imprisonment in cases can combine these messages and promote where they would not even be serving their full action to protect our homes and workplaces term. We will not contemplate a system where with safety switches, I am sure we will see a prisoners are given remission, no matter what, marked improvement in our electrical safety at two-thirds of their sentence, even if they are performance. I am particularly pleased to see on parole. all sectors of the electrical industry putting their Members should also keep in mind that weight behind this safety initiative. serious sex offenders are known to keep their As part of Electrical Safety Week, I also noses clean in jail to try to qualify for remission, launched a mobile display—the safety rather than be subject to the restrictions and shuttle—in King George Square yesterday. supervision of parole. That is an issue that this The safety shuttle is an important electrical Government has already sought to address safety initiative because it is all about ensuring through legislation currently before the House. that future generations of Queenslanders I strongly believe that the community appreciate both the benefits and dangers would be horrified at the thought of such associated with electricity. Electricity is a prisoners being discharged from prison the commodity we all tend to take for granted but minute they have served two-thirds of their the old saying "a good servant but a bad sentences, without any supervision. It is my master" is very appropriate. intention to move amendments to the I believe we have an obligation to ensure Corrective Services Bill 2000 to overcome that our children grow up with the ability to these problems. recognise the hazards associated with The people of Queensland do not owe electricity. This helps to avoid the complacency these prisoners early release. They certainly do that might otherwise occur—and what better not owe them compensation for so-called way than this safety shuttle, which takes the unlawful imprisonment if those prisoners are message to our primary school students at kept behind bars beyond the two-thirds point their schools. of their sentences. The Beattie Labor The safety shuttle, which will tour the Government will act to close off any potential south-east, is sponsored by Energex. It is a loopholes that these court decisions may have completely refurbished and expanded version made in the current legislation to ensure that of an earlier display which was viewed by more there is no flood of litigation as a result. I urge than 65,000 school children in regional all members to give their support to this issue. Queensland with sponsorship from Ergon Energy. Those children have been introduced MINISTERIAL STATEMENT to the safety issues surrounding electricity and they have taken away a message that will Electrical Safety Week serve them well into the future. Hon. T. McGRADY (Mount Isa—ALP) Our feedback suggests that there are (Minister for Mines and Energy and Minister strong messages being taken home to Assisting the Deputy Premier on Regional influence parents. Kids are saying to their Development) (9.55 a.m.), by leave: Recently I fathers, "Please get an electrician to fix the spoke in the House about the Government's washing machine." Kids are saying to their safety switch advertising campaign, and today mothers, "Do you know what a safety switch I am pleased to inform members that this does? Do we have one?" These are the types week is Electrical Safety Week. of messages that will improve our electrical During this week, Energex and Ergon safety performance. We all know the Energy will be providing technical people to persuasive power of our children. advise the community at shopping centres Energex, the Queensland Fire and throughout Queensland about electrical safety Rescue Authority, the National Electrical and issues. Brochures and posters have been Communications Association, the Electrical produced to support our television advertising Licensing Board and the Department of Mines campaign, and I know all members will be and Energy have combined to give us the doing their best to spread the word. As well, display. Electrical safety is an issue that all special safety messages about electricity will members would be interested in, and as part be going into schools around the State—and of safety week all members will be receiving again those messages will reach into the information highlighting safety messages. I am 4346 Ministerial Statement 14 Nov 2000 committed to improving our electrical safety trawling effort in the fishery at 108,346 nights. performance in Queensland. We need to The structural adjustment arrangements will reduce accidents, and this is one way in which reduce fishing effort by a further 15%. The we can all take positive action to achieve that Queensland Government is keen to minimise aim. the impacts on smaller trawl operators from the proposed management changes. In recognition of this, a proportion of the fishing MINISTERIAL STATEMENT effort within the overall cap—in the order of Vessel Grounding, Great Barrier Reef 8,000 nights—has been set aside to address impacts on smaller operators and other special Hon. S. D. BREDHAUER (Cook—ALP) circumstances. An independent review (Minister for Transport and Minister for Main committee is focusing on these impacts and it Roads) (9.58 a.m.), by leave: I would like to will make recommendations to the steering advise the House that at 9.28 this morning the committee. Malaysian vessel Bunga Teratai Satu came free of the Great Barrier Reef. It is currently Unfortunately, the Federal Government's alongside the reef whilst the refloat gear is heavy-handed intervention has demanded being dismantled prior to being taken to safe that the trawl management arrangements be anchorage. I advise honourable members that in place by 1 January next year. Whilst I intend I will provide more details to the House when to introduce legislation into this State they become available. Parliament this session to facilitate the adjustment scheme, it must be noted that the Queensland Government and industry wanted MINISTERIAL STATEMENT more time to put in place the trawl East Coast Trawl Management Plan management plan. Hon. H. PALASZCZUK (Inala—ALP) (Minister for Primary Industries and Rural MINISTERIAL STATEMENT Communities) (9.59 a.m.), by leave: I, too, Natural Disaster Relief Arrangements have good news for the House this morning. I Hon. S. ROBERTSON (Sunnybank—ALP) can report to the House today that more than (Minister for Emergency Services) (10.02 a.m.), 300 tenders have been received for the East by leave: It is fast approaching that time of Coast Trawl Fishery structural adjustment year when Queensland comes under serious scheme. The adjustment scheme is pivotal to threat of cyclone and associated flooding. delivering new management arrangements Between now and March is the time which ensure that the trawl fishery is Queensland usually lives up to its reputation sustainable and recognises the economic as the most natural disaster-prone State in contribution of the fishing industry. Australia. The Bureau of Meteorology predicts The plan proposes to reallocate the that Queensland communities may be reduced effort across the trawling fleet based buffeted by up to seven cyclones this season. on previous fishing activity. The tenders have We have already experienced a been received by the Queensland Rural disastrous start to the year. In the period Adjustment Authority, which will administer the December to April, north Queensland scheme. It is intended that the scheme will be communities suffered damage from three jointly funded by the Queensland and Federal tropical cyclones: Steve, Tessi and Vaughan. Governments and the Queensland trawling At the same time large areas of northern, industry, with each party providing $10m. The western and central parts of Queensland, scheme is not based on a compulsory effectively two-thirds of the State, were acquisition of licences but rather on a tender inundated by floods. These were costly events process. and forced Queensland's natural disaster bill Following the receipt of tenders, the for the last financial year to well over the Queensland Rural Adjustment Authority will $102m mark—the highest in 10 years since analyse the tenders and prepare the Charleville floods. Indeed, over the past 20 recommendations to the steering committee years, the Queensland and Commonwealth next week. The steering committee will, in turn, Governments have jointly allocated make recommendations to the Queensland approximately $1 billion of NDRA money for and Federal Governments. QRAA expects to natural disaster relief in Queensland. be able to send out letters of acceptance to But all Queensland communities should successful tenderers from next month. be aware that the Commonwealth has Under the draft East Coast Trawl changed its guidelines for the release of Management Plan, it is proposed to cap funding under National Disaster Relief 14 Nov 2000 Legal, Constitutional and Administrative Review Committee 4347

Arrangements. The new arrangement means Private Members' motions will be that the Commonwealth will only release its debated between 6 and 7pm. share of NDRA funding if there is evidence of The House can then break for dinner prior disaster mitigation work undertaken in and resume its sitting at 8.30pm. affected communities. Government Business will take The Commonwealth's decision has the precedence for the remainder of today's potential to impact significantly on the level of sitting and Thursday, except for a 30- disaster relief funding available to Queensland minute adjournment debate today." and particularly our local governments. The Motion agreed to. intent is clear: unless local governments put in place disaster mitigation strategies, the Federal Government is threatening under LEGAL, CONSTITUTIONAL AND these new arrangements to withdraw disaster ADMINISTRATIVE REVIEW COMMITTEE relief funding. If the Howard Government Report suddenly pulls out, that leaves the State Government with a significant expense to pick Mr FENLON (Greenslopes—ALP) (10.05 up. am.): I lay upon the table of the House the Legal, Constitutional and Administrative That is why the Beattie Government has Review Committee's interim report on the been proactive in assisting local communities prevention of electoral fraud. throughout Queensland to put in place natural disaster risk assessment and preparedness The report is the committee's response to strategies. This Government, in conjunction the reference given to it by the Legislative with the Commonwealth and local Assembly on 22 August 2000 "to investigate governments, is providing $3.9m funding this and report back to State Parliament by 14 year for local governments and ATSI November 2000 on the best way to minimise communities to conduct natural disaster risk electoral fraud at elections where the management studies. My department has also Queensland State electoral roll is used." provided $500,000 to specific risk assessment I also table two further submissions studies in Cairns, Mackay and Hervey received by the committee and the transcript Bay—cities vulnerable to natural disaster—and of the hearing that the committee held on 24 the development of disaster risk management October 2000 in relation to this inquiry. manuals to help local communities better plan I thank the members of the committee for for disasters. We have also produced a book their hard work in completing this report. On providing information to people with special behalf of the committee, I wish to thank Mr needs and their carers about how to prepare Des O'Shea, Queensland's Electoral for natural disasters. Commissioner, and Mr Bob Longland, the The Beattie Government believes, Australian Electoral Commission's Electoral however, that there is a case for the Officer for Queensland, and their staff for their Commonwealth and the States to establish a extremely valuable assistance. national disaster mitigation fund. Unless the On behalf of the committee, I wish to pay capital pool is there which will actually fund a special tribute to the staff of the Legal, mitigation work to raise roads, new levee Constitutional and Administrative Review banks, railway lines and bridges, then this vital Committee secretariat: Mr David Thannhauser, infrastructure will continue to be damaged time acting Research Director; Ms Sarah Lim, acting and again with no relief to those affected Senior Research Officer; and Ms Tania communities. Jackman, Executive Assistant, who have displayed a herculean effort in completing a lengthy and complex report within the limited SITTING HOURS; ORDER OF BUSINESS time frame demanded by the Parliament and Hon. T. M. MACKENROTH (Chatsworth— against the dynamic background within which ALP) (Leader of the House) (10.05 a.m.), by the issues that are the subject of this report leave, without notice: I move— have unfolded. I move that the report be printed. "That notwithstanding anything contained in the Standing and Sessional Ordered to be printed. Orders, for this day's sitting and Thursday, Mr FENLON: I give notice that I will move the House can continue to meet past on Thursday next that the House take note of 7.30pm. the report. 4348 Private Members' Statements 14 Nov 2000

PARLIAMENTARY CRIMINAL JUSTICE and to the committee staff. I commend the COMMITTEE report to the House. Annual Report Mr LUCAS (Lytton—ALP) (10.07 a.m.): I SCRUTINY OF LEGISLATION COMMITTEE lay upon the table of the House the Report Parliamentary Criminal Justice Committee's annual report for 1999-2000. Under the Mrs LAVARCH (Kurwongbah—ALP) Criminal Justice Act the principal functions of (10.09 a.m.): I lay upon the table of the House the committee are to monitor and review the the Scrutiny of Legislation Committee's Alert discharge of the functions of the Criminal Digest No. 16 of 2000, and move that it be Justice Commission and to report to printed. Parliament. Ordered to be printed. The committee's annual report outlines how it has discharged those functions during the year. As chairman of the committee, I also NOTICE OF MOTION wish to acknowledge the dedication and Fuel Prices valuable contribution made by my Deputy Mrs LIZ CUNNINGHAM (Gladstone—IND) Chair, the Honourable Vince Lester, and by (10.09 a.m.): I give notice that I shall move— the other members of the committee and the committee staff throughout the year. I "That this House calls on Prime commend the committee's annual report to Minister Howard and the Federal the House. Parliament to recognise the negative impacts on rural and regional Queensland, indeed all Queenslanders PUBLIC WORKS COMMITTEE and all Australians, of the escalating fuel Report prices being experienced and freeze the fuel excise CPI price rise expected in Mr ROBERTS (Nudgee—ALP) February 2001." (10.08 a.m.): I lay upon the table Public Works Committee Report No. 72 on the Queensland Police Service project to upgrade its district PRIVATE MEMBERS' STATEMENTS headquarters and replace its regional headquarters at Rockhampton and upgrade Electoral Fraud the city police station. Dr WATSON (Moggill—LP) (Leader of the The committee is satisfied that the project Liberal Party) (10.09 a.m.): I draw the attention is needed, that its design is suitable and that it of the House to a report in Saturday's Sydney represents value for money for Queensland. Morning Herald under the headline "ALP loses The facility will provide the community with zeal to halt branch stacking". The Premier has central access to police functions. On been rabbiting on for months about Labor's completion, it will accommodate the projected determination to clean up electoral corruption, staffing requirements for the regional, district but as usual the truth is very different. The and divisional areas. report, written by political correspondent Laura Tingle, stated— The committee has made one recommendation arising out of the use of an "The ALP's national executive has internal Police Service building code. The QPS secretly dumped anti-branch stacking building code establishes best practice in measures announced in July when the policy facility design. By referring to the code in party declared war on the practice ... the development of the design, the QPS The national executive unanimously saved time and money. Given the potential agreed on Friday last week to 'not support savings in time and costs for departments the establishment of a national which construct specific-purpose facilities on a membership database at this time'— regular basis, the committee recommended succumbing to fierce resistance from that the Minister for Public Works promote the State party organisations jealously development and use of building codes similar guarding their control of membership to that used by the QPS in other appropriate records." departments and agencies. Let me repeat the last line: "succumbing I would like to thank all those who have to fierce resistance from State party assisted the committee with its inquiries. organisations jealously guarding their control of Thanks also to my fellow committee members membership records". A cynic might have 14 Nov 2000 Private Members' Statements 4349 written "jealously guarding their capacity to ahead now and, therefore, if it goes ahead continue corrupting the democratic process". now, the State Government must contribute Ever since the July resolution, Labor has half of the cost. Next he will be asking us to been claiming its brand-new rules would break fund Lavarack Barracks and Centrelink. the back of electoral fraud in the ALP. As We want no more political stunts from Mr recently as September the Federal leader, Kim Anderson, nor do we want the member for Beazley, had this to say— Herbert assisting his political masters in "... the problems that were associated seeking the State of Queensland to fund part with the branch stacking in Queensland of the National Highway. If his predecessor, have been dealt with by us. Dealt with by Ted Lindsay, had had the same attitude, a 10- us at the Queensland level with proper year wait would have meant we would still be branch rules. Dealt with by us at the waiting for the Burdekin Falls Dam. The national level now, with rules that I have member for Herbert has managed to find only put in place at the last national $20m for the region's major infrastructure conference of the Labor Party." project, yet this is $13m short of what it needs to proceed. His failure to deliver on the Those new rules have now been thrown Douglas Arterial makes it very clear that his on the scrap heap. They are gone, gone, message has been ignored by Canberra. gone. The ALP has returned to its roots and electoral corruption is alive and well. The Despite the conservatively estimated Premier and his Federal leader have been $500m windfall from high petrol prices, the exposed as dishonest, deceitful political Howard Government stubbornly refuses to give frauds. They did not even have the political it back to motorists. The $1 billion the Howard integrity to set the public record straight. They Government has for the National Highway tried to cover it up. So much for our open and strategy is preposterous, when Townsville is honest Labor Premier. promised only $20m for this critical arterial. How can the member for Herbert say that the State and Federal Governments must pay half Douglas Arterial each or there is no deal for this urgent Ms NELSON-CARR (Mundingburra—ALP) infrastructure for Townsville? What sort of (10.11 a.m.): Today I rise to speak about the political poppycock is that? The bridge is Douglas Arterial—a much-maligned project needed now. around town and one about which the Time expired. member for Herbert is unable to tell the truth. The State Minister for Transport, Steve Bredhauer, has been open and transparent in Mrs L. Mackenzie his discussions with the community and with Mrs SHELDON (Caloundra—LP) the media. He has already committed $4.3m (10.13 a.m.): I wish to bring to the attention of to the planning and design stage, and in the House the problem and glitch, to put it September this year he promised $7.3m in mildly, in Corrective Services procedure that prematurity costs. More recently, he has occurred in the sentencing and release of committed to a payback arrangement to allow Lorna Mackenzie. This could affect anyone. a start on the hospital access—obviously Lorna Mackenzie was sentenced for beginning the much-awaited Douglas Arterial. manslaughter, because she pleaded guilty to While this Government has been open, killing her husband, although it was found in accountable and transparent in its dealings the courts that it was accidental. and negotiations to secure funding for this This man, who had abused her mentally, much-needed project, subsequent physically and sexually for 40 years, finally met correspondence to the Deputy Prime Minister his end. Mrs Mackenzie then appealed to the has not received a reply. The member for Appeal Court. The Appeal Court reduced her Herbert's denial of the need for this sentence of eight years to five years. Initially improvement, as he said on ABC Radio she could not be released before three years recently, can be disputed on a number of were up. The court reduced that to one year. levels. Townsville Enterprise, the Townsville By the time that decision was made, Lorna Chamber of Commerce and the State Mackenzie had served her one year. However, Government agree unanimously that this because the parole system states that the project must go ahead for the good of the original sentence must be looked at and Townsville people. To say that it is not needed because ministerial guidelines do not allow the for another 10 years is quite ludicrous. In the change to sentence to be taken into same breath, the member for Herbert consideration by the parole board, the prison contradicts himself by saying that it must go and the parole board did not look at the fact 4350 Private Members' Statements 14 Nov 2000 that the Appeal Court had reduced her morning in the Chamber I heard the Premier sentence and the time that she had to stay in say that one of the most important issues on prison. So instead of being released at that which he came to power was health. I have to time, this woman was going to have to stay in say again that the future of the Flying Surgeon jail until January next year. Her lawyer had to Service in Longreach is in doubt. At the go back to the Appeal Court, which then moment we have a temporary flying surgeon, stated that she must be released immediately. a US surgeon, who has filled the void for some I say to Minister Barton that it is essential two months. I believe the position is available that the Corrective Services Bill before the again, for a further 12 months, until the end of House be amended so that prisoners cannot 2001. be treated in this manner. This woman was not This is not negotiable and we will not a difficult prisoner. She was a small, 64 year compromise. We will not accept anything other old widow who had had a terrible life, as had than the Flying Surgeon Service being her family. Her situation was desperate. It is retained in Longreach. It is essential to the essential that we do not penalise people by wellbeing of people in remote areas—from making them stay longer in jail than they Mount Isa in the north to Charleville in the deserve because our rules, regulations and south and east to as far as Emerald. Given the guidelines are misplaced and not being used important role that this specialist service plays, correctly. That a parole board could say, "We it is paramount that advertisements be placed cannot look at what has come out of for the appointment of a full-time flying subsequent appeal courts but must look at the surgeon based in Longreach. original sentence" is a nonsense. Other Today I say to the Premier and the Health prisoners are being treated in a similar Minister: we need that service to be retained to manner. ensure the future viability of medical services in western Queensland. This is not an issue that I Ambulance Service and the people of western Queensland take lightly. At the moment there is a lot of unease Mr MUSGROVE (Springwood—ALP) and unrest in the central west, the north-west (10.16 a.m.): We do not often appreciate the and the south-west as to the future of that dedication and professionalism of our service. Today I urge the Minister to tell the Ambulance Service officers until we need people of western Queensland that this service them. Last night, my teenage nephew took will be retained in Longreach for the long term, what appeared to be a fatal prescription drug not just for the short term. This is not overdose. It appeared for a very long time that negotiable and we will not compromise. We will he was not going to survive. Were it not for the not accept anything other than a full-time professionalism and dedication of the ambos position being retained in Longreach for the who attended the scene, my nephew would people of not only the central west but the not be with us this day. For over half an hour whole of western and remote Queensland. the ambulance officers attended to my nephew, who appeared to be on the brink of death. Parlor Transport On behalf of my family, I wish to place on Mr PEARCE (Fitzroy—ALP) (10.19 a.m.): record our heartfelt thanks to the QAS officers, During the last sitting of Parliament, I raised Mr Jeff Bickford and Mr Errol Watson, who the matter of Parlor Transport failing to pay refused to give up when all seemed lost. Their community groups moneys owed as payment heroic efforts, professionalism and never-say- for the delivery of telephone books. Members die attitude saved the life of my nephew last will recall that Parlor Transport is operated by night, for which our family is eternally grateful. Mr John Parlor of Sans Souci, New South I also thank the Minister for Police, Tom Wales. Parlor Transport was contracted by Barton. In spite of his busy schedule, he took it Pacific Access, which is part of the Telstra upon himself to make sure that I was notified organisation. Parlor Transport then engaged and that family members were kept up to date. community groups to undertake the door-to- Thanks, Tom. We appreciate it, mate. door delivery of the phone books. Since raising the issue, my staff have attempted to make contact with the 39 listed Flying Surgeon Service community groups across the central Mr JOHNSON (Gregory—NPA) Queensland region who put in the hard yards (10.17 a.m.): This morning I wish to bring to of walking the streets and knocking on the the attention of the House the plight of the doors. Our investigations have revealed that at Flying Surgeon Service in Longreach. This least another 15 central Queensland 14 Nov 2000 Private Members' Statements 4351 community groups are still owed money. Parlor It is indeed a poor state of affairs when Transport refuses to pay the $26,000 which we our State Government departments cannot have identified as being owed to these groups. find it in their hearts to donate a penny to a There is no doubt that Parlor Transport is at school bus for disabled students. What a fault, that Mr John Parlor is a man without a shame that the powers that be can be conscience. However, something must be outdone by even the infamous Alan Bond, done to ensure that these community groups who recently expressed his charity in the form get the money that is rightfully owed to them. of a $2,500 donation. Despite the Queensland Legally, Pacific Access and Telstra have Government's apathy towards the plight of no responsibility for paying these groups but disabled Burdekin students, Mr Micola has Telstra, as a good corporate citizen, has a forged on regardless, opting instead to appeal moral obligation to pursue this issue. These to the charity of other Governments and groups have done the job in good faith and members of the public. Once again for the should not be the victims of what is an error in public record, I take my hat off to Mr Micola, judgment by Pacific Access. They stuffed it up whose mammoth efforts to date have raised by awarding the contract to a crook. So it is up about $68,000. He is well on the way to to Pacific Access and Telstra to do the right reaching his target. thing and to pay these community groups for Time expired. the services that they have provided. Drug Education Program Burdekin Special School Ms STRUTHERS (Archerfield—ALP) Mr KNUTH (Burdekin—CCAQ) (10.23 a.m.): The number of young people in (10.20 a.m.): Today I would like to pay tribute Australia who have tried heroin has almost to a Burdekin man who has made it his trebled in just three years. More than half a personal quest to raise $100,000 to buy a new million 14 to 19 year olds report that they have and bigger school bus for the Burdekin Special used an illegal drug. Young women's drug use School. The existing 15-seater bus is falling relative to young men's has shot up from into disrepair, lacks a wheelchair hoist and is 33.5% three years ago to 51%. Sadly, no too small to service student numbers. As part communities, including those within my own of his fundraising quest, Bill Micola last week electorate, are drug free and, sadly, all families walked from Ayr to Townsville with other are touched by this problem at some point in Burdekin locals, including Kelvin Haller, the their lives. coach of world No. 1 ladies golfer Karrie Webb. Many dedicated people within our Mr Haller participated in the event through the community and Government are putting lots of use of a wheelchair. energy into drug abuse awareness and Here is a community banding together to activities. I want to commend Bob Aldred and work towards a worthy cause. What is equally his team from the Alcohol and Drug remarkable is that Mr Micola does not have Foundation for running the Natural High any children at the Burdekin Special School Alternative Program. It is a drug education and has no close family or friends with program promoting an important message to students at the school. When asked why he young people: get a natural high from sport decided to undertake this mammoth and other achievements; you don't need a fundraising venture, Bill said it was because drug-induced high. your children, your children's children or any I also want to commend Thomas Gribben child on this earth could suffer from a disability of Group Training Australia Brisbane and tomorrow through accident or illness and he Nyanda State High School for their wants to help make their lives better. collaborative effort in running the program at It is with great pride that I inform the Nyanda State High School recently. Students House that the Burdekin community has rallied at Nyanda were treated to basketball clinics around Mr Micola in his walk and the many run by NBL star player Eric Bailey and Group other fundraising ventures that he has Training Australia Brisbane, which focused on undertaken. It is with regret, however, that I promoting apprenticeships and traineeships report a dismal lack of support from the within the school. Queensland Government. I have made The Natural High Alternative is a great numerous representations to this Government program. I encourage the private sector, on behalf of Mr Micola and the Burdekin Education Queensland, Queensland Health disabled students for financial assistance only and other organisations to back the program to be turned down time and time again. The and help to give a natural high to thousands of people of the Burdekin will not forget this. young people in Queensland. Given the 4352 Private Members' Statements 14 Nov 2000 growing rate of drug use by young women, it is very brave young lady and her loving and essential that young women's activities must supportive family and the support of a loving also feature in the Natural High Alternative community at St Peter and Paul's school at Program. Bulimba. In a matter of minutes a household accident changed the life of a fit, young, McMaster Builders healthy mother of two. On 14 January this year, Catriona fell down five steps at the house Mr LAMING (Mooloolah—LP) she and her partner, Todd Robinson, were (10.24 a.m.): Barely six months after the renovating in Casino. She was left a collapse of prequalified builder Designer Steel quadriplegic, unable to move her body from Homes, which caused considerable financial the shoulders down. From that day on, loss to a number of Queensland Catriona has been unable to even put her subcontractors, this inept Government is at it arms around her children and give them a again. Early reports following the collapse of hug. another prequalified builder, McMaster, put its debt at $4m, $2m of which is owed to Catriona was airlifted to the Princess subcontractors. Regardless of the final Alexandra Hospital. Todd and their children outcome, this could have and should have moved to Brisbane to be at her bedside while been avoided. she was being treated in the Princess Alexandra Hospital's spinal unit. She was there It was not as if there were not enough for six months. The children, Abraham, aged warning bells ringing a long time ago. 6, and his sister Tamara, aged 5, commenced Concerns were raised initially right back in their schooling at St Peter and Paul's, January when a seek advice flag was Bulimba, Abraham in Year 1 and Tamara in requested on McMaster's file. But despite this pre-school. Todd became Catriona's full-time flag still being in place in February, a $1.5m carer. contract was let to the company on the new police station at Edmonton. The seek advice Before Catriona could leave hospital and flag was lifted from McMaster in April. But rejoin her family, she needed an electric instead of learning a lesson from the Designer wheelchair, a fold-up wheelchair, an electric Steel collapse and directing that the hoist, a special bed and mattress. The parents Edmonton project be successfully completed of Abraham's Year 1 classmates initiated a prior to further contracts, the Minister for Public fundraising drive to help Catriona and her Works signed off on not one, not two, but family. The fundraising activities soon grew, three significant projects to McMaster with a with the Casino community and the St Peter total value of $5m—all within the space of two and Paul's P & F and parish all contributing, weeks. Such financial caution is absolutely and Catriona was able to join her family. There breathtaking. is still a need for a modified vehicle to allow Catriona to leave her home to join her children The on again/off again seek advice flag at school activities. St Peter and Paul's P & F was again placed on the file in June, and that are conducting a number of fundraisers to help should have sent shivers down the Minister's raise the money to purchase these items. Last spine, but no. In July, even when the on Saturday a very successful fashion parade was again/off again warning flag was still flying, we held at the Lourdes Hill College by the St Peter saw the Minister involved in awarding the train and Paul's P & F. This Saturday evening, on control room contract in Townsville to 18 November, a charity auction dinner will be McMaster, apparently ignoring the held on the sporting oval and hall of St Peter department's own warning system, which was and Paul's school. not lifted until a month later. In August we saw the flag off again and in September, on again, This brave young family has battled hard beating the liquidators by just one day. The to keep their independence. At the same time result of all this is five projects less than half they have been very appreciative of the finished and dozens of subcontractors left in support that St Peter and Paul's parish have the lurch. The on again/off again warning given them. I know that in our daily lives as system might have some shortcomings, but politicians, we hear many sad stories and these are dwarfed by those of the Minister, come across so many people who need help. who ignored the signals, even when they were There are times when we all wish there was in place. some magical solution to such problems. In this case, money to purchase a vehicle would go a long way towards bringing some normality Ms C. Callaghan back to these brave young parents' lives so Mr PURCELL (Bulimba—ALP) that they can go and watch their children play (10.26 a.m.): I wish to speak today about a sport. The look of happiness on a young 14 Nov 2000 Questions Without Notice 4353 child's face turning to look at mum watching receive coverage for accidents are untrue, and from the sidelines is all that they are asking. If I ask for them to be with withdrawn. anybody here would like to make a Mr SPEAKER: Order! There is no point of contribution to this very worthwhile appeal, order. The time for private members' please see me afterwards. I will be chairing the statements has expired. fundraiser. We have many items to auction.

QUESTIONS WITHOUT NOTICE Rural Fire Brigade Electoral Fraud Mr HEGARTY (Redlands—NPA) (10.28 a.m.): During the recent dry spell in Mr BORBIDGE (10.30 a.m.): I ask the Queensland a number of bushfires occurred, Premier: despite assurances he may have placing in danger a lot of life and property. But received, will he now express total support and for the efforts of the Rural Fire Service confidence for all eight members of the volunteers in this State the situation could Government, including those whose names have been much worse. These rural fire have been suppressed, so far named at the services volunteers—many thousands of Shepherdson inquiry? them—provide a valuable service throughout Mr BEATTIE: Isn't it funny; here we go in Queensland in many situations. However, I do the gutter again. Those opposite whinge at not know if honourable members realise that every opportunity. However, let me tell the these volunteers receive very little apart from House that this Government is getting on with protective clothing and, of course, the the job. At 12.30 p.m. today— equipment that is necessary for them to undertake their tasks. Mr Borbidge interjected. Recently a situation arose on one of the Mr BEATTIE: Just listen for a minute, islands in my electorate, which are serviced by because I think the member opposite might be the Rural Fire Service. An accident occurred interested in this. At 12.30 p.m. today the involving one of the fire vehicles. Deputy Premier and I will announce a $1.2 Unfortunately, it was the fault of the fire officer billion project for this State which will create driving and the accident resulted in damage to 1,350 construction jobs and 350 permanent a private vehicle. The Rural Fire Service now jobs and will add $400m each year to the refuses to pay this insurance claim. I think it is State's gross product. That means jobs, jobs, a damning indictment on this Government that jobs. Those opposite could not deliver this sort it has allowed this to happen. It puts the Rural of project; we have. Fire Service officers in the situation in which Opposition members interjected. they may be liable themselves for the damage Mr BEATTIE: Just wait until 12.30 p.m. or the unit to which they belong may have to Come along. We will show those opposite how raise the money to pay for the repairs. to run government to deliver for the people of We understand that the Government is its this State. $1.2 billion and all we get is own insurer in most instances. Because of the whinges and moans from the other side. While large assets of the State, the premiums would the Opposition whinges, we are going to get be prohibitive if it took out private cover. on with the job. You whinge, we work. In terms However, in this situation—and I do not think of the specific question asked, nothing has many Rural Fire Service officers know changed from what I have previously said in this—these volunteers may now be liable for this House. Nothing has changed in terms of any damage that they incur or any liability the ministerial statement I gave. Nothing has claim that may be lodged against them for changed. I said that last week. Those opposite accidents that occur when they are will have to wait until various considerations undertaking their duties on behalf of the Rural progress, but nothing has changed. I make it Fire Service. If that is incorrect, I ask the very clear to members opposite that I stand by Minister if he will ensure that the claim is paid, that ministerial statement. If there are any that these Fire Service officers are aware that matters that need to be dealt with, I will deal they are not liable for the situation they are with them. now in and that due care and consideration be I notice that every time anything is given to the lady in question who is making the suggested to the member opposite—I noticed claim. At present, they believe that the Rural with some amusement on one program that Fire Service will not pay. Brian Courtice was making allegations about Mr ROBERTSON: I rise to a point of the National Party rorting in his seat—he ducks order. The allegations made by the member for cover. He has never done what we have for Redlands that volunteer firefighters do not done. We have said, "Send it off to the inquiry, 4354 Questions Without Notice 14 Nov 2000 because we have nothing to hide." Let me Despite signed evidence that at least one of make it clear, and I have said this many times: those people did not want to join the Liberal anyone who breaks the law will feel the full Party, the Party executive could find nothing force of the law whether they are in the wrong with the behaviour of Collier. National Party, the Liberal Party or the Labor The Appeals Committee dusted off an ancient Party. While the coalition whinges, we will get Supreme Court finding that a person could sign on with major projects like the one we will someone else's name to a document if they announce today. The project that the Deputy thought they had the authority to do so. Premier and I will announce at 12.30 p.m. Under these Liberal Party standards, you could today is an historic project for Queensland; it is be busily forging membership applications for an historic day for this State. people who simply attended a party fundraiser, on the basis that you thought they supported However, electoral fraud is a problem that the Party. is occurring all over the place. Problems continue in Western Australia, and I raised that The Liberals have found a new method of issue last week. I table for the information of branch stacking. the House an update of what is going on in They sign application forms without the Western Australia. Why would I do that? I do applicants knowledge, pay their membership that because this is a problem that exists fees (kept at the bargain rate of $10 so as not across all political parties and all States. What to stretch the budget of the branch stacker), is important is the leadership of those who are and then pretend it was an unfortunate misunderstanding. prepared to fix it. I have looked at the report of the parliamentary committee which was tabled Meanwhile the numbers count. in the House today and we will be examining it It is clear that Peter Collier was caught out in detail. It is interesting to note that there is a trying to fraudulently boost his support in the dissenting report which supports the abolition party, but his links to the Premier and others of special postal votes. Recommendations 5 made it dangerous to sacrifice him on the altar and 6 support the abolition of special postal of ethical conduct. votes. I would have thought that that is a very So, in true Liberal Party tradition, they went for interesting position for the National Party to the "cover-up". take. I also seek leave to incorporate in Hansard the document on what is going on in Electoral Fraud Western Australia. Mr BORBIDGE: I direct a further question Leave granted. to the Premier. Despite assurances that he WESTERN AUSTRALIAN UPDATE may well have received, I again invite the Last week I tabled some information relating to Premier to take this opportunity to express allegations of forgery of Liberal Party total and full support and confidence in all membership applications. eight members of his Government, including I tabled documents clearly showing that those whose names have been suppressed, someone else signed Peter Getgood's name on so far named at the Shepherdson inquiry. I a Liberal Party membership application form. ask: does he have full support and confidence The Western Australian Liberals have been in them or not? scurrying to assure everyone that it was simply Mr BEATTIE: I have already answered an honest mistake, but they don't deny that it this question. There has been more nonsense happened. about this than anything else. The Leader of They point to their internal Liberal Party the Liberal Party got up in this House and investigations as having rejected the possibility talked about matters before the national of forgery. executive of the Labor Party. The proposed I should mention that I nominated a Ron national rules are modelled on the Birmingham QC as a member of the Queensland rules, which have already been Management Executive. He was not a member implemented, so what the member said was a of the group at that time, but he was a member of the Appeals and Disciplinary Committee that lot of nonsense. Everything we get from the subsequently heard and dismissed this matter. Opposition is in the gutter. The coalition whinges; we will deliver $1.2 billion projects like But Richard Court and Senator Chris Ellison were members of the Executive that chose to the one we are delivering for Queensland ignore the evidence of forgery. today. We are getting on with the job. We are delivering, because those projects are It seems that while Peter Collier signed the application forms for Peter Getgood and three important. Some 1,350 construction jobs and other people, a case of forgery could not be 350 permanent jobs as well as an additional proven against Peter Collier. $400m each year to the State's gross product 14 Nov 2000 Questions Without Notice 4355 means jobs, jobs, jobs. That is the difference Leave granted. between the Opposition and us. Premier's briefing note I have sought and have been given Policy assurances by all members of my team— Title:Update on Possible Referral of Federal Cabinet and caucus. All members of my team Electoral Matters to the Criminal Justice have given me assurances. As I have Commission (CJC) indicated in this House, I have been following Date: 10 November 2000 the inquiry. I have already spelt out the terms surrounding that. Nothing has happened at 1. Purpose that inquiry to change that. I have also To advise you of progress with the suggestion indicated that I will remain vigilant and to you by the Prime Minister that certain federal continue to follow matters before the inquiry. electoral matters be referred to the CJC by There is no reason for me to doubt any person joint Commonwealth and State legislation. in my team. The member opposite mentioned 2. Background a figure of eight. That is probably a figment of You recently wrote to the Prime Minister his imagination, but the bottom line is that advising him that there was no constitutional nothing has changed from the undertakings basis for you to refer federal electoral matters and assurances I have been given. I have to the CJC in accordance with the Prime indicated to the House that I will remain Minister's recent statement in Parliament. vigilant— The Prime Minister responded by offering to vest jurisdiction in the CJC. At your request, I Mr Borbidge: Do they have your full approached senior Commonwealth officials to support and confidence? ascertain the extent of the Prime Minister's Mr BEATTIE: Hang on. The Leader of the proposal. Opposition is about a cover-up; I am about a 3. Issues clean-up. That is the difference between us. As I understand the proposal from the The bottom line— Commonwealth, the Commonwealth Attorney- Mr Borbidge interjected. General would be empowered to refer a matter to the CJC, possibly after consultation with the Mr BEATTIE: What has the member relevant Minister (the Premier). This is done about Foggo? He has done nothing fundamentally different from the way the CJC about Foggo. He campaigned for Foggo in has been established and raises serious doubts 1992. When anything happens in the National about the workability of the Commonwealth Party, what does he do? He disappears up a proposal. The CJC currently operates by rabbit warren. What did he do about Foggo? complaint and elects to investigate a matter Oh, no, he did nothing about Foggo! But when based on its assessment of the complaint. anything happens on my side, no matter how Referral of a matter to the CJC would call into small, it goes to the inquiry for a full question its core function and the mechanisms investigation. When anything happens on that by which it operates, potentially diminishing its independence and ability to protect the side, the member disappears up a rabbit integrity of State administration. warren. The CJC's jurisdiction is currently limited The Leader of the Opposition even strictly to "official misconduct" as defined in the supported a former National Party member Act. This is a technical definition. The matters who had been convicted of electoral fraud. We proposed to be referred are still ill-defined and have referred to Hinton before. He was in the it is likely they would fall into a class different member's team. Those opposite even re- from official misconduct. This too represents a endorsed him. He would never have been re- major divergence from the purpose for which endorsed in my party or under my the CJC was established and could further Government. dilute the CJC's reputation as an independent monitor. Opposition members interjected. The CJC is currently accountable to the Mr BEATTIE: Oh, yes. Here we go. They Queensland Parliament through the are at it again. I have been engaging in Parliamentary Criminal Justice Committee and consultation with the Prime Minister in relation the Parliamentary Commissioner as the to certain matters. I have a briefing note which Committee's agent. It is unclear how a matter updates the communication with the Prime referred by a Commonwealth Minister could possibly be accounted to the State Parliament. Minister. I seek leave to incorporate this Thus a separate line of accountability would be briefing note in Hansard so all members are required to ensure the separate sovereignty of fully briefed on the exchanges between the each body politic is maintained. Prime Minister and me so that we can work There has been no indication from the together to stamp out electoral fraud. Commonwealth on the resource implications of 4356 Questions Without Notice 14 Nov 2000

any proposed referrals. Large scale Mr BEATTIE: That highlights how investigations can be resource intensive and determined my Government is in getting rid of the State should not accede to this grant of electoral fraud. While all these silly games go jurisdiction without a clear understanding and on, do members know what we will do? We will firm commitments from the Commonwealth on the resource implications. deliver jobs for Queensland. Did I tell the House about the $1.2 billion project we are It seems the Commonwealth's vision is for the announcing at 12.30 p.m. today? Those current "Shepherdson Inquiry" to be extended by allowing it to investigate the matters that are opposite should be there for it. referred. However, Mr Shepherdson's role is Mr SPEAKER: Order! Before calling the quite different from that of a Commissioner member for Chermside, I welcome to the under the Commissions of Inquiry Act. The public gallery teachers, parents and students Inquiry is actually conducted by the CJC and from the Southern Cross College in the Mr Shepherdson is merely the representative of electorate of Redcliffe. the Commission and is exercising their powers. Extending the terms of reference could adversely affect the conduct of the CJC's Local Government Boundaries inquiries because the allegations are of a completely different character. It would be Mr SULLIVAN: I refer the Minister for better public policy and probably better law for Local Government and Planning to the the CJC to separate these matters, if Sunshine Coast Hinterland Shire Steering jurisdiction were granted, and a separate inquiry Committee's campaign to change the process be undertaken. Better still, the matters boundaries of Caloundra City and Maroochy could be referred to a special purpose inquiry. Shire to create a new shire west of the Bruce There are major practical impediments to Highway, and I ask: can the Minister advise of referral of power. The major information source the Government's policy on this proposal and is the Australian Electoral Commission which is whether he is aware of the Opposition's policy? not a State instrumentality. The CJC would require the same powers in regard to this Mr MACKENROTH: When we went to Commonwealth body as it now has in regard to Maleny recently for the Community Cabinet State bodies. The means of achieving such meeting, I met with the steering committee access to Commonwealth records are far from and informed them that the Government's clear. Further, the allegations appear to be policy had not changed, that is, we would not simply breaches of a Commonwealth law and review the boundaries of Maroochy and are therefore directly in the province of the Caloundra unless the two councils agreed to it. Australian Federal Police (AFP). If the AFP I told them to go and talk to the coalition, have failed to act properly, the CJC's because they said that was what they were involvement in a full investigation would have to going to do. I got a letter last night from the extend to that body as well. Hinterland Shire Steering Committee that Further, there is an underlying, systemic issue advised me that they had met with that needs to be addressed. The type of Mr Borbidge and Mr Hobbs. The letter states— inquiry the CJC is established to conduct does not lend itself to solving systemic problems. "In the course of our discussions an The solution may be found in a national uniform arrangement surfaced by means of which identification system, such as the Australia the Steering Committee could achieve its Card, as a means of testing enrolment actions. aim of the boundary review without the The fundamental point is that these matters Coalition suffering any electoral backlash involve Commonwealth jurisdiction. The mere should they achieve government. expedient of an existing Queensland inquiry The arrangement found immediate does not justify abrogation by the Commonwealth of its responsibility to uphold favour with Mr Borbidge and before the Commonwealth law. meeting broke up we were assured that the proposal would be placed before the I am awaiting further advice from the relevant Policy Committee for approval and be Commonwealth officials who undertook to forward to me a list of issues that needed to be adopted should the Coalition win explored. Government." 4. Recommendation The secretary went on to say that the committee regards all of the discussions to be That you note the above and advise whether in confidence and, therefore, was unable to you wish to seek formal legal advice on the constitutional and other issues prior to the provide me with any further information. I can Commonwealth's next contact. well recall Mr Borbidge and Mr Cooper signing a memorandum of understanding which had Dr Glyn Davis to be kept secret before the by-election. Now Director-General we have a special deal with the Hinterland 14 Nov 2000 Questions Without Notice 4357

Shire Steering Committee about which nobody Mr Schwarten: He is not quoting the is allowed to know before the election. Courier-Mail of yesterday. Mr Hobbs interjected. Mr BEATTIE: In fact, I refer the member Mr SPEAKER: Order! The member will to the Courier-Mail of yesterday. I think all cease interjecting. This is my final warning to members should read that. Let me tell the member for Warrego. members what the issue is today, though. Talk about rorts! How about this letter from John Mr MACKENROTH: I suggest that the Wildman, the honorary secretary of the Leader of the Opposition and the shadow Sunshine Coast Hinterland Steering Minister should tell the Maroochy Council, the Committee? It states— Caloundra City Council and the residents of both of those council areas what they intend to "We regard all discussion with both of do with their council boundaries. If one shire is the Coalition Parties to be in confidence, created west of the Bruce Highway, of course therefore we are unable to provide you there will be only one council on the coast. with any further information." Mr HOBBS: I rise to a point of order. I will What a secret deal! Mr Borbidge did not tell the Minister now: there is no deal. tell us about the secret MOU that he signed. Remember the one he signed and had not Mr SPEAKER: Order! That is not a point read? Clearly he has not read this one either, of order. The member will resume his seat. but he has agreed to it. How many other Mr MACKENROTH: Is the member secret MOUs has the coalition entered into? suggesting that these people have told me an An Opposition member: No. untruth in this letter? They said that there is a Mr BEATTIE: What is the member deal and it has to be kept in confidence, just saying? Is he saying that these people are as the MOU had to be kept in confidence. untruthful? We met these people. I met these The question this raises, though, is: how people at the Community Cabinet meeting, many other secret deals have been done by and they are very decent people. I may not the coalition in the lead-up to the next share their views, but they are very decent election? How many other secret deals have people. If I had to believe them or believe the been done to try to get itself back into member, I would believe them any day. Government? The coalition would do anything, So here we go. The coalition has been including deal with the devil. caught out again. Let the people of Mr Hobbs interjected. Queensland know: this is another secret deal. Mr SPEAKER: Order! I warn the member These honourable, decent people, who would for Warrego under Standing Order 123A. normally be the supporters of members opposite, are very clear. Their letter states— "The arrangement found immediate Electoral Fraud favour with Mr Borbidge and before the Dr WATSON: I refer the Premier to meeting broke up we were assured that Saturday morning's report in the Sydney the proposal would be placed before the Morning Herald—I am sure the Premier has Policy Committee for approval and be seen it—under the headline "ALP loses zeal to adopted should the Coalition win halt branch stacking". I ask: can the Premier Government." confirm that the ALP's national executive has So here we go; this is another secret deal. secretly dumped the anti-corruption rules it I just wonder what the shires of Caloundra and announced in July? Can he confirm that this Maroochy think about this. I ask the mayors: occurred not last week but the week before? what do they think about a secret coalition Can the Premier inform the House why he did deal to carve up their shires? In how many not say one word about this disgraceful other local governments will the coalition backflip in Parliament on Wednesday, redraw the boundaries? Here is proof of two. Thursday or Friday last week? Or has the How many more will the coalition do? Mr Sydney Morning Herald got it wrong? Borbidge wants to talk about rorts. Here is a Mr BEATTIE: What would the honourable secret deal that he was involved in, and it is in member do if the papers went on strike? If black and white. He cannot get out of this one. there was no Courier-Mail or Sydney Morning This is another secret deal. What is the next Herald, we would not have a question time in secret deal? Is it preferences? How many Queensland. The member should pay double secret deals have been done on preferences? the normal fee for these papers. Are there any with One Nation or the City 4358 Questions Without Notice 14 Nov 2000

Country Alliance? Where is the next set of Richard Court. I worked with Mr Court to get preference deals? Where are they all? petrol excise on the agenda for the recent Let me answer the member's question COAG meeting, but I will not be working with specifically. As I said, the proposed national him on this issue. I put One Nation last on rules are modelled on the Queensland rules Labor's how-to-vote cards at the last State that are already implemented—end of story. Is election, and we will be doing exactly the same the member for Caboolture going to do a deal this time. That includes the City Country with the coalition? It is into secret deals, and it Alliance. will not tell anybody. It will not tell Richard Court says that One Nation has Queenslanders; it will not come out and be changed. I have news for him: the policies are honest. This is a matter of public policy. How the same. As for its offshoots, such as the could the coalition go to those councils and CCA, they have not denounced the vile say, "We are going to keep it secret"? How policies of One Nation, either. The split many more secret deals have been done by between One Nation and the CCA was over the coalition? personalities and money and nothing else. Now there is even a split within the CCA. So again, it is not about policies; it is simply about Coalition Allocation of Preferences personalities. What we now have is a splinter Mr PURCELL: I refer the Premier to the group formed by a splinter group, and I am 1998 State election campaign and the sure it will be just like a chip off the old block. disgraceful decision by the National and Let me cite a couple of examples of how Liberal Parties to sell out to One Nation in a these groups have not changed and why dirty tricks preference deal, and I ask: is the Richard Court, in our view, should rethink. The Premier aware of any evidence to show that first comes from the Bowen Independent of the National and Liberal Parties have turned Friday, 13 October. The member for their backs on One Nation and all of its spawn, Whitsunday was blaspheming, as we all saw, including the City Country Alliance? and attacking fellow Queenslanders. Next, the Mr BEATTIE: That is a very relevant member for Barambah used her weekly question on a day when we are talking about column in the South Burnett Times on 17 secret deals. Interestingly, part of this letter, October to attack indigenous Australians. That which is dated 24 October, states— publication stated— "We have also arranged to have "... two federal Members of Parliament ... discussions with the Liberals, which has referred to Aborigines not inventing the been arranged by their candidate for wheel and not being inclined to Glasshouse through Mrs Sheldon seeking education. their support as well." History and statistics have proven Does the Caloundra Shire know about both these statements to be true." this? Let us come back to the secret deal. There was an MOU secret deal. We know all So where is the difference? I note that about that. That was the basis of a CJC Mr Court is wooing Pauline Hanson. The Prime inquiry. We have another secret deal that the Minister has quite rightly ruled out any deals Minister for Local Government has exposed with One Nation and, hopefully, with a bit of today. The real question is: how many other luck, that will be the precedent that will be secret deals are there? Are there secret deals followed. between the Nationals and Liberals and One Let us have a look. We have Bill Feldman Nation? Have any secret deals been done with saying on ABC radio— the children of One Nation? How many secret Mr Feldman interjected. deals have been done? Mr Mackenroth: The member for Mr BEATTIE: The honourable member for Caloundra did not deny it. Caboolture was asked this question last week. The interview continued— Mr BEATTIE: That is exactly right. It can be seen by the reactions of those opposite "The leader of the City Country that there is another secret deal going on, and Alliance says he won't stop a prominent this time it will be preferences. Rockhampton businessman from being preselected by the party despite him The cohorts of those opposite in other being a strong supporter of legalised States, however, have blown the cover on the brothels." Nationals and Liberals. The head of this band of apologists for One Nation and its offshoots That is what he said. is the Liberal Premier of Western Australia, Mr FELDMAN: I rise to a point of order. 14 Nov 2000 Questions Without Notice 4359

Honourable members interjected. Mr FOLEY: The legislation which Mr SPEAKER: Order! We have a point of establishes the Office of the Director of Public order. What is the point of order? Prosecutions provides a firm guarantee that the law will be administered fairly, firmly and Mr FELDMAN: The Premier is misleading independently. That is so because it would be the House. insidious if there were to be a politicisation of Mr BEATTIE: I am only quoting the the process. May I say that I cannot recall in member for Caboolture. 11 years in Parliament a question in the House Mr FELDMAN: I have not said that in any going to the conduct or potential conduct of a radio interview and I ask him to withdraw that. prosecution. I think what we have seen today is a disgraceful breach of ethical standards in Mr BEATTIE: It says "6.30 news, 14/11, this House on the part of the man who aspires ABC Central Queensland Rockhampton. Bill to be the first law officer of this State. Feldman"—is that the honourable What the honourable member does not member—"City Country Alliance leader". That seem to understand is that it is fundamental to is what it says. Is he denying that he said this the rule of law that there should be on ABC radio? Is he denying this is him? independence in the presentation of Honourable members interjected. indictments on behalf of the Crown, and that Mr SPEAKER: Order! We will not have a independence is enshrined in legislation in this debate on this issue. Parliament and it will not be dragged down—it will not be tainted—by the squalid attack made Mr BEATTIE: I will withdraw if he— by the member for Warwick. Mr FELDMAN: I rise to a point of order. All honourable members and all citizens Mr SPEAKER: It has been withdrawn. We of Queensland should be entitled to repose will have no debate. confidence in the Office of the Director of Public Prosecutions. That confidence has received bipartisan support for as long as I can Electoral Fraud remember. It also receives the support of Mr SPRINGBORG: I ask the Attorney- legislation of this House, and so long as there General— is breath in me I shall defend to the death the independence of the Office of the Director of Mr Beattie interjected. Public Prosecutions. Mr SPRINGBORG: After that last answer, I do not think any of us know what the Premier is talking about. Tree-clearing Guidelines Mr SPEAKER: Order! The honourable Mr PITT: In asking the Premier a member for Warwick. question, I refer to an article on page 4 of today's Courier-Mail in which rural groups Mr SPRINGBORG: I was waiting for the indicate that they are prepared to soften their Bethany cow shed deal. Will the Attorney- opposition to tree-clearing controls in General guarantee— Queensland. I now ask: what is the Premier's A Government member: He is still more response and what role can the Queensland popular than you will ever be. Government now play in resolving this long running issue? Mr SPEAKER: Order! We will hear this question. Mr BEATTIE: I thank the honourable member for his question because, as we Mr SPRINGBORG: Laughing gas. know, this Government has been committed to Mr SPEAKER: Just continue with the sensible tree-clearing guidelines to protect question. farming land for future generations and future Mr SPRINGBORG: Will the Attorney- Queenslanders. General guarantee that if prosecutions are I noticed the article with great interest, recommended as a result of the Shepherdson particularly the fact that rural groups are now inquiry, former ALP campaign manager, prepared to accept a cap on annual tree- ministerial staffer and internal party activist, clearing rates in Queensland. I have in my Mr Garry Hannigan, who is also the general possession a copy of a letter from the manager of the Office of the Director of Public Queensland Farmers Federation to the Prime Prosecutions, will have no role in managing Minister dated Wednesday last week which cases, distributing workloads or influencing clearly sets out the QFF's positive and who will prosecute when and if prosecutions progressive new attitude to this issue. I table it proceed? for the information of members along with a 4360 Questions Without Notice 14 Nov 2000 letter sent to the Prime Minister dated have a commitment from my Government, a yesterday. commitment from the Prime Minister and a I also extend congratulations to Richard commitment from the Queensland Farmers Armstrong of the Queensland Farmers Federation, so let us end the nonsense and Federation, his executive and members for this finalise it in the interests of Queensland. We breakthrough and I look forward to working now have all the ingredients necessary to do closely with them in finalising this matter once just that. and for all. This takes tree-clearing controls in this State beyond what is contained in the Ross River Dam Queensland legislation, which on freehold land is protection for endangered vegetation Mr TURNER: In asking the Premier a communities. The Queensland Farmers question, I refer to a recent front page article in Federation is to be congratulated for this the Townsville Bulletin which stated that the progressive move, which has the potential to Ross River Dam requires substantial amounts provide Queensland with positive salinity and of expenditure to conform to current safety greenhouse outcomes. This shift in position standards, and I ask: does the State builds on the agreement that I secured from Government intend to resume responsibility for the Prime Minister at the COAG meeting in the necessary remedial work on the dam, or is Canberra two weeks ago. The Prime Minister the cost of such work to be passed on to the agreed to fund compensation for affected ratepayers of Thuringowa and Townsville farmers up to 50%. cities? When Queensland first introduced tree- Mr BEATTIE: I am aware that the issue of clearing controls in December 1999, the Prime water is an important one in Townsville. Minister refused to support the laws unless Cabinet has spent a considerable period of Queensland contributed to the compensation time examining a range of issues including package and farmers were happy with the new National Competition Policy on water and there laws. Both those conditions have now been have been a number of reports to me in met. The Prime Minister now has nowhere to relation to the Ross River Dam. hide on this issue and I trust that he will Let me go through them quickly. The first continue to work with us. I urge the Prime thing is that members would be aware that Minister to accept this new position by the QFF Peter Costello, the Federal Liberal Treasurer, and act by finalising the arrangements through approved only recently funds to Queensland meaningful three-way discussions including that mean that we have a shortfall of in the himself, the QFF and the Queensland vicinity of $13m. Part of that was associated Government. What we need to do is get on with the Gold Coast rail link and part of it was with the negotiations as per my letter to the associated with the Townsville City Council's Prime Minister. approach to water reform. What Peter Costello The letter from Richard Armstrong to the wants to do is increase the cost of water to Prime Minister states— every ratepayer in Townsville and Thuringowa. "However, we still are of the view that I have met with the Mayor of Townsville there is a role for the Commonwealth in and I met with my Parliamentary Secretary for assisting this process with a level of north Queensland and we have tried to work funding that reflects the benefits to the our way through it. The Treasurer and I met wider national agenda of salinity and with Graeme Samuel on this very issue greenhouse." because my Government does not want the people of Thuringowa and the people of He says at the end— Townsville to be paying more in water rates. "I would welcome the opportunity for Peter Costello does. The National Competition QFF to work with the Queensland Council does. Government and the Commonwealth Let us be very clear about this. One of the Government on a total package which key reasons why Queensland is short-changed meets the needs of all the parties for in terms of national competition payments is achieving environmental outcomes and that our approach in Townsville with the equity and fairness for farmers affected by Townsville City Council is trying to ensure that the restrictions." the ratepayers, including the people the We now have a solution in hand for tree member represents, are not slugged additional clearing in this State. Yes, negotiation needs amounts of money simply because of some to be finalised. Yes, compensation needs to ideological obsession coming out of be finalised. Yes, a lot of work still needs to be Melbourne. Cabinet considered this on done. But we have the framework in place; we Monday, I think it was, or the Monday before, 14 Nov 2000 Questions Without Notice 4361 and the Treasurer and I have been delegated Mr Hobbs interjected. by Cabinet to continue these discussions with Mr SPEAKER: Order! The member for Graeme Samuel to try to resolve it. The Warrego will leave the Chamber. I have Treasurer will be involved in meetings very warned the honourable member about shortly. interjecting. So, let the people of Townsville and Mr ELDER: We have now seen evidence Thuringowa understand that this Government of pork-barrelling, with $1 billion in funding for is fighting very hard to keep down water rates, road projects coming straight out of the GST to keep down the cost of water for those and increased fuel prices. residents. I come from north Queensland. I understand how important water is to the Mr Hobbs interjected. people. We are doing all that we possibly can Mr SPEAKER: Order! I previously warned to help them. However, we face considerable the honourable member. He will now leave the opposition from the Liberal Party, the Federal Chamber. coalition Government and the National Mr Hobbs interjected. Competition Council. That is the big issue. Mr SPEAKER: Order! You know what for. The second thing in relation to the Ross Just leave the Chamber. River Dam is that I understand—and I do not have the details with me—that there have Whereupon the honourable member for been ongoing discussions between the State Warrego withdrew from the Chamber. Government and the Townsville City Council. Mr ELDER: This is coming straight out of We will continue along that path. This revenue from the GST. Infrastructure funding Government understands the importance of is being funded from the GST revenue. John the Ross River and the dam to the people Howard and Peter Costello have been found whom the honourable member represents and out. It is no good those opposite saying, "Don't the people of Townsville. When I return to my you support a $1 billion infrastructure program office later today I will ensure that those in regional Queensland?" We would, but I can discussions and negotiations will continue. I recall that funding in Queensland was slashed. urge the honourable member to have I stand to be corrected by the Minister for discussions with my Parliamentary Secretary Transport, but I recall that in 1996 Howard and for north Queensland, Mike Reynolds. This Costello slashed Federal road funding by Government is happy to keep the honourable about $600m. It is only in the last couple of member briefed. This matter is above politics; Budgets that funding has been restored to the it is about water for Townsville and 1996 level. Thuringowa. I urge the honourable member to What has happened in terms of growth work with my Parliamentary Secretary for north from 1996 to 2000? Nothing! Not a thing! Queensland who will be briefed by my Honourable members must remember that this department. Mike Reynolds will keep the is the GST which would have no impact on honourable member informed on behalf of the petrol prices. That was John Howard's promise. Government. On its own figures, the Federal Government now says that the impact is 1.5c per litre at Road Funding present and by February it will be 2c per litre. Mr REEVES: My question is directed to An Opposition member interjected. the Deputy Premier and Minister for State Mr ELDER: It is not a matter of not Development. I refer to media reports of the wanting the money; it is a matter of being coalition's plans to spend approximately $1 honest with the people of Australia. The billion on roads, and I ask: is this the best deal Federal Government should be providing that for Queensland motorists? $1 billion now, because that is the extent to Mr ELDER: One would have to question which it has cut funding over the last four the motives of the Federal Government, as the years. That has been the responsibility of the VACC executive director did last month. He Federal Government. said— The Federal Government has been "The Federal Government is caught out, because we have seen increases hoarding the extra revenue being in fuel prices. Now that the support of generated from GST on petrol to use for members opposite is bleeding out there in the pork-barrelling." bush, the Federal Government is coming in with a package for road infrastructure. What have we found? How close to the mark However, what we are not told is that by the was he? Every motoring organisation— time one adds in the excise increase in 4362 Questions Without Notice 14 Nov 2000

February, the Federal Government will have as it covers vessels throughout the Great generated another $1.7 billion to $2 billion in Barrier Reef coastal area. I can advise that revenue. What is the Federal Government since 1997, when the ship reporting system going to do with the rest of it? What it should was put in place by the former Minister for do is give rebates to all motorists in this State Transport, the member for Gregory, we have and in this country. The people of actually recognised that the technology has Queensland—particularly those in regional improved. That is why last month we areas—will see this for what it is. It is introduced a trial of what is called the misleading. It is treating the people with automatic identification system. This will place contempt. Queensland at the cutting edge of Australian and international technology in regard to ship reporting systems. Vessel Grounding, Great Barrier Reef Mr JOHNSON: My question is directed to This is a system that has only ever been the Minister for Transport and Minister for Main implemented to some extent in Canada and in Roads. I refer to the grounding of a container Norway. We in Queensland are leading the vessel on a reef south of Cairns. Now that the way in pioneering this new technology. The Minister has advised that the vessel in trial is to be completed at the end of this question has been freed, can he tell the month. Then it will be evaluated. We will House whether vessels approaching and commence rolling the system out from 1 July leaving the Port of Cairns are under radar 2001. I have contacted the Maritime Division observation by Queensland Transport? Are executive director and asked him to make sure these movements monitored for possible that when John Anderson's review is deviations that may result in groundings? If undertaken, the automatic identification not, will the Minister support the extension of system is included as part of the review the compulsory pilot areas until the monitoring because it has the capacity to deliver world's of vessels on the reef can be implemented? best technology in helping to prevent maritime incidents such as the one that has occurred on Mr BREDHAUER: I find this quite an Sudbury Reef. extraordinary question coming from the former Minister for Transport. Fancy him standing up in this Chamber and admitting to his abject Fuel Prices ignorance of the portfolio for which he was Minister for two and a half years! When the Mr MUSGROVE: I refer the Treasurer to people in the Maritime Division told me that recent comments made by the Prime Minister the member for Gregory hated water so much that the price of petrol is "a short-term that he bathed in dust, I did not believe them. difficulty", and I ask: are there any signs of relief for Queensland motorists? The member for Gregory obviously took so little interest in the maritime and ports area Mr HAMILL: The Prime Minister may think of his portfolio that he does not even know the price of fuel is a short-term difficulty for about the ship reporting system which was him, but it is much more than a difficulty for introduced in 1997 when he was Minister for lots of ordinary, average Australians who are Transport. The member stands up and he paying through the nose for their fuel. I think asks, "Is there radar coverage of vessels in the particularly of civil contractors who have been Cairns area?" It is called the ship reporting denied access by the Commonwealth system, and it reports on ships in Great Barrier Government to the off-road diesel rebate Reef waters. It is at Hay Point. I do not know scheme. Despite the fact that the whether the member for Gregory has ever Commonwealth Government took the money heard of it. It is on the coast near Mackay. from the States and said that it would Mr JOHNSON: I rise to a point of order. I implement an off-road diesel rebate scheme, it happened to launch it with John Sharpe. I am cut out the civil contractors. A lot of quite small asking the Minister if he is going to grant the operators are now facing considerable difficulty extension of it to the reef. He will not answer in meeting their fuel bills. the question. Mr Purcell: Diesel is $1! Mr BREDHAUER: I know it is a little east Mr HAMILL: Diesel is $1. Ordinary families of the Great Dividing Range, but it happens to are paying anything from 80c to 90c and even be an important part of the Queensland over $1 per litre for their fuel. That is not a Transport portfolio. short-term difficulty for them; it is a hardship. Yes, I can advise that the ship reporting Families are facing hardship because of the system covers vessels in the Cairns area, just cost of fuel. 14 Nov 2000 Questions Without Notice 4363

Today, I note reports that OPEC countries Mr BEATTIE: At 12.30 the Deputy are proposing to further push up the price of Premier and I are going to announce it. This is world crude—again another blow to average about us getting on with the job. Australians, another blow to industry and the I will answer the member's question. promulgation of what the Prime Minister There is no requirement for the Legal, considers to be but a short-term difficulty. In Constitutional and Administrative Review fact, for every dollar that the price of crude Committee to examine proposed legislation. increases, there is another cent a litre increase here in Australia. Already we see the price of Mr Hamill: It is the Scrutiny of Legislation crude at record levels—at around US$34 or Committee, isn't it? US$36 a barrel. Mr BEATTIE: The Scrutiny of Legislation There is a way around this. As I said, the Committee can look at it. There is no Prime Minister sees this as just a short-term requirement— difficulty. However, while the Prime Minister is Mr Slack interjected. shunting away any thought of hardship in Mr BEATTIE: The honourable member relation to fuel prices, his Government is knows as well as I do that when his party was reaping a tax windfall. In fact, it is expected in Government it never did that. that there will be a $1.2 billion tax windfall reaped by the Commonwealth Government Mr Slack interjected. through its changes to taxation. Around Mr BEATTIE: No, the member's party did $600m of that is the short-term difficulty being not do that. He should not come in here telling faced by the Australian motorist. The Federal me porkies. Government is reaping a motser when it That is not the role of the committee comes to fuel excise. system. As the member knows, I am a very The Federal Government needs to call a strong advocate and supporter of the halt to the spiralling fuel prices. It can do that committee system. When I was Chair of the very simply, and that is by not increasing the Parliamentary Criminal Justice Committee, I excise in February, by not taking unfair took some pain for having that view. The advantage of the inflationary spike caused by committee system does not require the course the Federal Government's GST. That is what is that the member outlined. There is a Scrutiny going to push up the excise in February—the of Legislation Committee. That is what it is for. inflationary impact that the Federal That is what the chairman of that committee Government can halt simply in February. says that it does. Let me make it clear to the House: this legislation will go through the normal process in accordance with the Local Government Act Standing Orders and requirements of this Mr SLACK: My question is to the Premier, House. That is exactly what will happen. and I ask: does the Premier support the Let me come back to a couple of other committee system of the Parliament issues that I think are important. As I was established following the Fitzgerald and EARC saying before, the Minister for Local recommendations and, if so, will he undertake Government has exposed this secret deal to ensure due process is followed so that any involving various people on the other side of proposal to alter the Local Government Act in the House. Today I think it is important that we relation to shire councillors contesting election ask the Opposition, because the people of for Parliament is properly referred to the Legal, Queensland are entitled to know this: what are Constitutional and Administrative Review the full details of this secret deal? How many Committee of the Parliament for its more secret deals exist? Is there a secret deal consideration? on preferences? Let the Leader of the Mr BEATTIE: Before I answer that National Party go out and state that there are question, have I told members all about the no preference deals with the CCA or One $1.2 billion investment project we are Nation. Is the Liberal Party Leader—and if he announcing today? It is a $1.2 billion wants to have a bit of courage he might at investment in regional Queensland, generating least look to the Prime Minister on this 1,350 construction jobs and 350 permanent issue—prepared to rule out sitting in a coalition jobs. Did I mention that it adds $400m each with the National Party if it seeks and obtains year to the State's gross product? It is about preferences from One Nation or CCA? jobs. A Government member: He wouldn't do it Mr Sullivan: What time is it? in 1998. 4364 Questions Without Notice 14 Nov 2000

Mr BEATTIE: That is right. In 1998 he household income. Forty per cent of sold out. He did a deal and supported One respondents earning less than $20,000 said Nation. Is he prepared to do the same thing? that their family was worse off under the GST. Dr Watson interjected. Those people are the real Australian battlers. Only 9% of people in the same income bracket Mr BEATTIE: Obviously he is. Is the said that they were better off. member prepared to say that if the National I compare those figures with those for Party accepts CCA or One Nation preferences people earning more than $80,000 a year. he will not sit in a Government with it? No! That Forty-four per cent of those people said that is the real issue. The Liberal Party will sit in a their families were better off, while only 23% coalition with the National Party if the National said that they were worse off. So the people in Party accepts One Nation or CCA preferences. the higher income brackets are better off, The members opposite sold out their which is exactly what we said would be the constituents—every one of them. case. The GST savages viciously the Mr SPEAKER: I call the member for Australian battler. Mount Ommaney The GST is bad news for builders and Mr Borbidge interjected. subcontractors as well. According to the Queensland Housing Industry Association, Mr BEATTIE: I rise to a point of order. I 6,500 building jobs may be lost because of a note that the Leader of the Opposition was decline in the number of houses being built as saying that the CJC should investigate the a direct result of the GST. Kevin McLoughlin, vote in Florida in relation to the US presidential Executive Director of the HIA told the Courier- election. Is that what the Leader of the Mail— Opposition was saying? "We would predict that between 15 Mr BORBIDGE: Mr Speaker, for the and 20 per cent of builders would go bust record I said that the Premier was like a Florida post-GST. That seems to be what ballot paper: he had been punched twice. happened in New Zealand and Canada, and it's also happening in other states." Goods and Services Tax The GST is a tax on battlers. If they were not struggling before, they are certainly Mrs ATTWOOD: I refer the Premier to the struggling now under this new, unfair tax GST, and I ask: is the Premier aware of any system. We are going to continue to support independent research on the effect of the GST the building industry with our record capital on Australian families? works budget and commitment to public Mr BEATTIE: This is a very good question housing and development. I table a copy of because, frankly, we know that there are going that survey for the information of members. to be a number of key issues at the next The GST is more than attacking battlers; it Federal and State elections. The first one will is proving to be a nightmare for small and be petrol prices, which the Opposition has run large business owners around Australia—and away from; the second one will be the impact that is only if they can get to sleep at night. of the GST; and the third one will be the secret Two recent studies show the full impact of the deals involving the Opposition and anyone it GST on small and large business owners. The can do a secret deal with. The members first study, the Morgan and Banks Job Index, opposite cannot argue about that. It is black found that almost 95% of Australian and white. At least the CCA members know businesses say that the GST has hurt their where we stand. If the CCA members do deals profits. I repeat that: 95%. The second study is with the Opposition, they will never know where a State and regional development survey they are. If I were the member for Caboolture, conducted in New South Wales. That found I would not be able to sleep at night. He will that 50% of small businesses in that State are never know where the Opposition members spending between 10 and 20 hours a month are. just dealing with GST paperwork. This was I refer to the GST. Queensland families supposed to be a simple tax that was simply are among those feeling the pinch. In the explainable, yet a document comprising 148 October Morgan poll, 40% of respondents said pages is needed to explain it. Some simple tax that they and their families were worse off that is! What about the small business under the GST. Only 21% felt that they were operators? They do not even get any better off. The responses are even more telling recreation time any more. I table that when they are broken down according to document. 14 Nov 2000 Questions Without Notice 4365

Cannon Hill Abattoir Mr PALASZCZUK: The honourable member does not want to hear about that. He Mr ROWELL: I refer the Minister for should have a look at Murgon. We as a Primary Industries to the huge loss incurred by Government ensured that Murgon was taxpayers from the sale of the Cannon Hill reopened. I am sure that the member for abattoir and the size of the redundancies Barambah would be happy about what provided to QAC workers by his Government happened in Murgon. The member who against the advice of the former QAC board. I interjected is not. All he does is walk around ask the Minister: why did he secretly amend preaching doom and gloom—whinge, whinge, the QAC certified agreement after removing whinge—and he never acknowledges anything the board so that those already generous this Government does. redundancies will now be paid to all workers, including the 980 the Minister claims will not lose their jobs? Is it simply the case that his Mr M. Knight Government is using the $8.3m of taxpayers' Mrs NITA CUNNINGHAM: My question is money to reward its Left Wing union factions? to the Minister for Fair Trading. I note with Mr PALASZCZUK: I will inform the House some alarm that the New Zealand-based Mr briefly of the outcomes of the report. The Michael Knight has begun advertising in 1999-2000 annual report for the QAC Queensland for distributors for a computer indicated that the corporation incurred a loss of import business, and I ask: is she aware of the $9.3m. This includes substantial abnormal activities and the track record of this man? items for losses incurred in the sale of non- Ms SPENCE: I thank the honourable current assets, provision for redundancies and member for the question. The member is right the payout of a lease, as referred to by the to be alarmed by the advertisements currently honourable member. An operating profit circulating in this State by the New Zealand- before abnormal items of $2.3m was based Michael Knight. Michael Knight is in fact achieved, and this compares favourably with Michael Helsby Knight, who is also known as the operating profit of $2.7m reported for the Michael Kain or Mark Pasco. But he might previous year. more correctly be known as the king of cons, The previous Borbidge Government the sultan of scams or the sovereign of announced that it would end public ownership swindle. Mr Knight is well known to the Office of the meat processing sector. The difference of Fair Trading in Queensland and to between the Borbidge Government and this consumer protection agencies in other States. Government is that we developed a He is a pathological recidivist offender against comprehensive strategy, including the all imaginable principles of fair trading. establishment of the Food and Meat Task In August this year, the New South Wales Force. Let us have a look at some of the Supreme Court banned Michael Knight from success of the Meat Industry Task Force. Let having any business interests with consumers us have a look at ACC. in that State. At the time, the New South Wales Fair Trading Minister described him as Opposition members interjected. the worst con man in the history of the Mr SPEAKER: Order! The House will Department of Fair Trading in that State. He come to order. I intend to hear the answer to described him as a shameless rogue and a this question. crook who could not lie straight in bed. Based on his track record in Queensland, I have to Mr PALASZCZUK: It is obvious that agree with my New South Wales counterpart. honourable members opposite do not want to hear a good news story. All they are about is In 1996 the Queensland Supreme Court knocking. When they were in Government, 17 lodged an injunction against Mr Knight, abattoirs were projected to close down. In banning him from any business activity to do Government, we have progressed those with the tourist industry in this State due to his Queensland abattoirs. ACC—Australian involvement with a scheme called Queensland Country Choice—is a great example of Resort Marketing. In that scheme he took Government intervention. We helped thousands of dollars from hundreds of Australian Country Choice to re-establish itself Queensland consumers and sold them holiday as one of the most modern abattoirs in packages they never received and which did Queensland that takes in the entire production not exist. That injunction still stands. chain, right from the farm gate through to More recently, last year Michael Knight processing and finally to Coles supermarkets. was involved in the notorious VJC Linen mail order scam, in which he took 70,000 Mr Rowell interjected. Australians for a ride. They did not receive their 4366 Questions Without Notice 14 Nov 2000 prepaid orders for supposed Sheridan sheets. refloating of the vessel without any pollution The Queensland Office of Fair Trading and with minimal additional damage to the received thousands of complaints from reef was the direct result of careful planning Queenslanders who had been dudded by that and cooperation among many State and deal. He has also fleeced Australians in Commonwealth agencies, led by Queensland schemes such as a dodgy second-hand jeans Transport. deal and an Olympic home rental scheme. Following the grounding of the vessel, Mr Knight has fled to New Zealand, but I there has been considerable planning from a understand he is advertising in newspapers in highly committed and professional team. The Australia a computer matrix scheme, which we incident management team, headed by believe will lead investors astray. I urge all Queensland Transport's Executive Director, Queenslanders who have had anything to do Maritime, Captain John Watkinson, has with this scheme to contact their nearest Office significant expertise in these operations and is of Fair Trading. Knight has done us a favour highly trained. The team has been acutely by flagging his intention to establish himself in aware of the severity of this incident, the Queensland; forewarned is forearmed. I am environmental and cultural sensitivity of the giving Michael Knight the message that he is area and the overwhelming community not welcome in this State. The Office of Fair expectation to see the vessel safely refloated. Trading will take whatever legal avenues are I am proud to say that officers from available to it to restrain him from having any Queensland Transport are recognised dealings with Queensland consumers. worldwide as being among the best in the game. They are a highly professional group Road Funding who regard themselves as guardians of the reef and are extremely vigilant in the Mr PAFF: I ask the Minister for Transport management of shipping along the and Minister for Main Roads: with reference to Queensland coast. It is fair to say that the the touted $1 billion Federal Government eyes of the world have been firmly focused on Budget surplus windfall from fuel excise, is he Queensland over the past few days. The or his department undertaking bipartisan refloating of a vessel of this size, which was consultation with his Federal counterpart to hard aground, was a complex task requiring indicate where these funds will be spent on skill and timing. Unfortunately, the tidal Queensland rural and regional road networks, conditions over the period were not favourable or are the indications that the moneys will be for a quick refloating. used to pork-barrel Federal marginal seats? The National Plan to Combat Pollution of Mr BREDHAUER: We know nothing about the Sea by Oil was activated. The vessel was the billion dollars that has been promised. carrying about 1,200 tonnes of fuel oil. A major Senior officers of my department have been logistics operation involving the movement of trying to get information from the Federal response personnel and equipment was Department of Transport, and they say they launched immediately. Following the know nothing. So there has been no successful refloating this morning, there has information forthcoming. We sent John been no pollution, but the vessel is being fully Anderson a copy of the 10-year National inspected and surveyed today to make Highway Strategy in April last year, which is absolutely sure it is safe, seaworthy and not a where the money should be spent, but he has further risk to the Great Barrier Reef. After the not acknowledged receipt of that. We will be surveys are completed, a departure plan for looking to have the money spent on the road the vessel will be developed. priorities of Queenslanders and not on pork- barrelling marginal coalition electorates. The incident created a groundswell of community and media interest locally, nationally and internationally. This is Vessel Grounding, Great Barrier Reef understandable, given the international Ms NELSON-CARR: I ask the Minister for significance of the World Heritage listed Great Transport and Minister for Main Roads: can he Barrier Reef Marine Park. The incident provide advice about the refloating of the management team considered all possible Malaysian container ship this morning? scenarios and put in place contingency plans to counter all possible what-ifs. There was Mr BREDHAUER: As I have already absolutely no room for error—a fact that was reported, at 9.28 this morning the container reflected in the 13-day refloating operation. ship Buna Teratai Satu was successfully refloated off Sudbury Reef, some 22 nautical Clearly, there were contributing factors miles south-east of Cairns. The successful and causes for this incident to have occurred. 14 Nov 2000 Matters of Public Interest 4367

It is being fully investigated to determine the activity within the ALP with respect to vote causes and, most importantly, to pick up the rigging. lessons learned and make appropriate It is interesting because the Sydney changes to reduce the risk of further incidents. Morning Herald states— Queensland Transport, in company with "A factional deal before the Friday other State and Commonwealth agencies, is meeting"— working to develop further risk management that means that there was a deal done measures. We have the Ship Reporting between the various factions across the ALP System, which I have already referred to, the and across the State— national plan and education and awareness campaigns. We are also working with the "meant Mr Walsh put up the resolution Commonwealth on the terms of reference for recommending the database not the inquiry announced by the Deputy Prime proceed." Minister last week. The motion was passed only after some The incident has provided a wake-up call spirited intervention by the New South Wales as to what can go wrong. As the member for party secretary, who of course attacked the Cook, I am acutely aware of the environmental proposal by saying that it was a grab for power sensitivity of the coastal waters of far-north by the national office. It was interesting that Queensland and the Great Barrier Reef. I can the Premier failed to refute that. We can advise the House that Queensland Transport probably now take it as being read. officers will take account of the lessons learned Today I want to draw to the attention of from this incident and conduct a rigorous the House the nest of Labor mates and examination of all the issues, including the nepotism that exists within the Department of capacity to respond to marine pollution Employment, Training and Industrial Relations incidents should they occur. and the links that this nest has to Labor's electoral fraud. To do that we have only to turn I commend Captain John Watkinson, our attention to the well-known Labor operative Captain Alan Boath and all of the other people in DETIR, Dr Simon Blackwood. One who have been involved in the response team. particularly interesting fact that members may They have worked 18-hour days for the last 13 find of interest is that Dr Blackwood shares a days and they deserve our commendation. house in the electorate of Yeronga with his Mr DEPUTY SPEAKER (Mr Fouras): partner as well as a very good mate, the now Order! The time for questions has now expired. infamous Labor identity Mr Lee Bermingham. However, let me further educate members about Dr Blackwood, a man whose name is MATTERS OF PUBLIC INTEREST well known throughout the Queensland Public Dr S. Blackwood Service as a political appointee. Not only did he once work as the industrial Dr WATSON (Moggill—LP) (Leader of the relations adviser to the then Premier, Wayne Liberal Party) (11.30 a.m.): I found it Goss; he also worked as a senior policy interesting today that the Premier failed on a adviser to Minister Foley when he was the couple of occasions to refute the newspaper Minister for Employment, Training and article in the Sydney Morning Herald of last Industrial Relations—and what a disaster that Saturday in which it was indicated that the was. Interestingly enough, in the period since ALP's national executive had secretly dumped his service in Minister Foley's office, the anti-branch stacking measures announced Dr Blackwood has apparently had a falling-out in July when the party declared war on the with his factional mates in the AWU and has practice. Of course, that was just a few days been expelled from that faction, as he was before the Parliament began an inquiry into perceived by himself and a few others as a electoral fraud. The interesting thing about it is possible successor to Bill Ludwig upon his yet that the report reminded us that the ALP to be announced departure. Wayne Swan, national conference in August passed a another hopeful to rise to the lofty heights of resolution calling on the national secretary, Mr Ludwig and others, made sure that Mr Geoff Walsh, to report on the possible Dr Blackwood was run out of the AWU never to establishment of a national ALP membership return. I notice that the AWU members are database no later than 30 November this year. nodding in agreement. That, of course, has been the basis for the Federal Leader of the ALP, Mr Beazley, and Mr Reeves: You didn't even look. for the Premier to suggest that the ALP has Dr WATSON: I looked. I glanced up. I can taken care of branch stacking and fraudulent see it all happening up there. I do not want to 4368 Matters of Public Interest 14 Nov 2000 actually name the honourable members who time until he could once again extend his are in agreement. influence throughout the department. Dr Blackwood is now known to be courting Unfortunately for the people of elements of the Left, in particular the Queensland, he is at it once again in that Queensland Left, or the old Socialist Left. position. Dr Blackwood has surrounded himself Blackwood still controls the Chardon's branch, with other ALP Left Wing union types to which is in Annerley, a member branch of the ingratiate himself with the Left faction; for Yeronga EEC, a chair of which is the other example, the appointment of Rebecca Keys to now infamous Labor identity Mr Warwick the position of Senior Policy Adviser within Powell. Honourable members can see the Private Sector, Industrial Relations. Ms Keys is interest that people have in Mr Powell and the former partner of Mr Ken McPherson, the Mr Bermingham. former chief of staff in the Deputy Premier's, I am informed that loud voices were Jim Elder's, office. Then we have the product recently heard when Dr Blackwood had a of an extremely cordial and personal discussion with his former boss Minister Foley. relationship between Dr Blackwood and Dr Blackwood vehemently opposed Mr Foley's Minister Braddy's IR policy adviser, Jacqueline suggestion that Mr Powell stand down from King, from the Labor Left and a former ACTU the position of President of the Yeronga staffer, which has seen Ms King's close Electoral Executive Committee while the personal friend and former flatmate, Ms Fiona Shepherdson inquiry was in operation so that Bucknall, resign from her position as the equity no linkage could be adversely drawn. Minister officer at ALP headquarters to take up her Foley is adopting the Premier's attitude of see AO6 position within DETIR. no evil, hear no evil, speak no evil and is Dr Blackwood has been heavily involved hoping to sneak through unscathed. However, in the Queensland industrial relations system Blackwood is standing by his former AWU through his IR task force role, which looked mates because, like them, he too is out in the after the Labor Unity and Left factions to the factional cold. Blackwood has, to this point, detriment of the AWU, and of course the AWU been unsuccessful in wooing the Queensland knows that. But the ledger was evened up Left to embrace the unaligned Minister Foley, when Blackwood's partner, Ms Catherine who realises that in a Cabinet reshuffle the McGuckin, was appointed to a senior position factional knives will be out for his position in the Premier's Department early in 1999 within the Cabinet. even though she had previously received a Let me return to the career of Dr Simon redundancy from a similar position some years Blackwood. To his credit, he saw the writing on prior. It does not stop there. the wall for the Goss Government and was What about the recent appointment of quick to use his influences in Minister Foley's DETIR's other Deputy Director-General, office to abandon the political staff ship for the Mr Peter Noonan? Apparently there is no need safety of a Public Service job at an SES level. to advertise such a position when a mate Dr Blackwood then languished in DETIR, needs a job. Never let it be said that the trading on the coalition's commitment to job largesse is available only through Public security for public servants to entrench himself. Service Labor mateship at DETIR. Dr Blackwood has again been promoted under Mr Noonan's wife is none other than Dr Simon the Labor Government to the head of the Blackwoods's co-conspirator on the IR talks Division of Private Sector, Industrial Relations force, Marion Van Rooden. at the SES2 level. A Government member interjected. In order for the department to ensure a Dr WATSON: Co-conspirator. Advising full field of quality applicants is achieved, the Minister Braddy on WorkCover is also a coven advertisement for the position appeared in the of Labor hacks. The appointment to acting Government Gazette on 27 November 1998. director of the WorkCover unit is Ms Madonna Although Dr Blackwood had been acting in the Jarrett, the failed Labor candidate for the State position for a number of months already, it was seat of Aspley in the 1995 State election. Ms considered imperative that the position be Jarrett and Madonna Camp are one and the advertised at that time of the year. Who here same person. She is the daughter of the really believes that the end of November is the president of Labor Unity. Jack Camp is one of best time to attract the attention of high quality three State vice-presidents of the ALP applicants? How many people concentrate on Queensland branch. He has utilised his job hunting in December rather than the friendship with Minister Braddy to find a place forthcoming Christmas and school holidays? It for his daughter. Who knows what happened appears that Dr Blackwood was only biding his to the former director of the WorkCover unit, 14 Nov 2000 Matters of Public Interest 4369 who was obviously shifted sideways to create a gentleman opposite talks about criminality, yet place for the daughter of a Labor mate. Ms a simple ballot for the Ryan FDE president was Jarrett's offsider and minder is Mr Paul going to be determined in the Supreme Court. Goldsborough of the Labor Unity faction. I am told that it is necessary for people Mr Camp, Ms Jarrett and Mr running for preselection in the Liberal Party to Goldsborough are eagerly awaiting Minister show that they live locally. This is especially Edmond's Cabinet and parliamentary demise. true when the seat is a blue-ribbon Liberal In recent times the Jarrett family has moved Party seat. In the lead-up to the preselection from the failed campaign headquarters for the for the safe Liberal Party council ward of seat of Aspley to more hospitable surrounds Walter Taylor, Ms Behan, who was the recently within the State electorate of Mount Coot-tha. I elected president of the Ryan FEC, enrolled at am sure Minister Edmond welcomes this 15 Thiesfield Street, Fig Tree Pocket, on 31 attention in her own backyard. She is in good March 1999. This is in the heart of Walter company with the Attorney-General. Taylor, in the Federal division of Ryan and The way in which the ALP is stacking the probably within the State seat of Indooroopilly. Public Service with ALP hacks is an absolute After her unsuccessful preselection bid, Ms disgrace. However, because this comes from a Behan became the candidate for the Ryan political party that has a longstanding practice presidency. After losing the first battle with of stacking electorates and rorting elections, former Liberal Party president Bob Tucker, Ms one should not be surprised by the behaviour Behan's husband then threatened legal action of the Labor Party in Government. One can on her behalf. only hope that the knives that are out for the Whilst Mr Muller was most solicitous of Ms Health Minister, the Attorney General and the Behan's electoral wellbeing, this did not extend Minister for Employment, Training and to his being enrolled at the same address as Industrial Relations are used wisely to prune his wife. Mr Muller is enrolled at 53 Kersley these dead branches from the withering shrub Road, Kenmore, within the State seat of called the ALP. Moggill and the Federal division of Ryan. The telephone records for this address, however, show that the address is of a Mr Richard Ryan Federal Electorate Council Behan. I am reliably informed that Mr Behan is Mr MICKEL (Logan—ALP) (11.40 a.m.): It Mr Muller's father-in-law. So it is very much like is always good to hear speeches from the the John Dangerfield scam we uncovered on Leader of the Liberal Party on this subject, and Friday. The Local Government Minister I am about to inform him of further actions described that scam in the House last week as within the Federal division which totally the rort that went wrong. The Ryan scams that encompasses his State seat. The threats of we have uncovered are the rorts that never legal action in relation to the internal Liberal end. It must be a Liberal Party tradition not Party ballot for the presidency of the Ryan FEC shared by the rest of the population whereby show how high the stakes were and the extent the blokes leave home to live with their in-laws, to which people were prepared to go to get the because they certainly do things differently in nod for the job. This year we have already the Liberal Party. exposed the extent of branch stacking There is only one further difficulty with this: involved in order to secure the Senate spot for if one needs to contact Mr Muller, one will not George Brandis and the high jinks in the Ryan find him at his in-law's address. This is branch of the Liberal Party, which was an important because there would have been integral part of that process. extensive phone calls to secure a meeting of We know that the stakes were high the Liberals for its 24 August meeting, as because ballots were tampered with. We know outlined in the letter to Liberal Party branch this because in a meeting of the Liberals at members—and it was no ordinary meeting. It the offices of solicitors McCullough Robertson was a meeting attended by the Liberal Party this was unanimously agreed to. These events State President, Con Galtos; the State were preceded by threats of legal action from director, Mr Jaeschke; the Liberal Party a Mr Grant Muller who, according to an internal candidate for Mount Ommaney and now chief Liberal Party letter I have, is the husband of of staff for Senator Brandis, Mr Harper, who the then unsuccessful candidate, Ms Behan. It was one of the scrutineers; and, amongst was the threat of legal action by Mr Muller, with others, Mr Muller. This was the meeting at the possibility of the matters being determined which everyone unanimously agreed that the in the Supreme Court, which forced the votes for the major candidates had been Liberals in Ryan to re-run the ballot for tampered with. Therefore, many telephone president last week. The honourable calls must have been made. However, to my 4370 Matters of Public Interest 14 Nov 2000 puzzlement, the White Pages telephone Party. It has had 12 months to look at things, records reveal that the telephone number on and nothing has been decided. Not a line has which one will secure Mr Muller is registered at been written. What has Senator Brandis 14 Regent Street, Red Hill, in the Federal revealed? He has revealed that one member electorate of Brisbane. A property search for of the Brisbane-based Ryan branch lives the owner of 14 Regent Street, Red Hill, where? In Beijing! We all remember those reveals that the owner is— 1966 advertisements from the Liberal Party Dr Watson: Penny Behan. showing the Chinese coming to invade Australia. All one needs to do now to destroy Mr MICKEL: Yes, Penny Behan. The the Defence Minister in Australia is get a whole Leader of the Liberal Party knows the scam. lot of people from Beijing to enrol in the Liberal He knows what is going on. He knows that Party. That will destroy the Defence Minister somewhere or other there is a false address, a without a shot being fired in anger. All they false enrolment. have to do is sign their name. As I said, Ms Behan is the wife of Mr Dr Clark: Not even step out of China. Muller. So this is the scenario the Liberal Party expects everyone to believe: that this devoted Mr MICKEL: Yes, not even step out of couple reside at different addresses for China. enrolment purposes—he at his in-law's house What else did Senator Brandis say? The and she at a property she owns in Red Hill, at idea that you can sign up 200 people in Fig which one can get him on the telephone. With Tree Pocket in suburban Brisbane to a branch the goings-on of Liberal Party branch stacking on the Sunshine Coast affronts people as in Ryan, where people roll in from overseas being an abuse of the process, an abuse of and interstate and get a vote, anything is the system. So where are the Leader of the possible. As my honourable friend from Moggill Liberal Party and the Deputy Leader today said last week, it is all part of the process. saying, "Yes, that is an affront. Yes, we are While State and Federal members can choose going to do something about it"? For 12 to enrol in their own electorates, this rule does months they have had Senator Brandis not extend to the general public, particularly presiding over a committee, and nothing has presidents and members of branches of the been done. These are not far-away Liberal Party. electorates; these are within the State A letter from the Electoral Commission on electorates of Moggill, Indooroopilly and Mount these two is no vindication, nor are a couple of Ommaney. It is not a hard task. You do not statutory declarations from a few worried have to drive anywhere. All you have to do is relatives. The Liberal Party should be in the clean up your own backyard before you give dock on these issues. Whereas the Beattie us some gratuitous advice on branch stacking. Government is cleaning up, all the Liberal Party has done with its preselection rorts in Ryan is cover up. There are serious answers Rainwater Tanks that need to be given to these particular and Mr KNUTH (Burdekin—IND) (11.50 a.m.): peculiar sets of convenient enrolment All I can say to all that is: no wonder people arrangements. It is more than time that the want to vote for Independents! CJC got off the fence and started to take an active interest in the Liberal Party's internal On 25 March 1999, the member for preselection processes. The Liberal Party Nicklin moved a motion which stated— should today show the same leadership as the "That this House calls on the State Premier showed and should send these two Government to investigate and make off to the CJC to be investigated. One thing is provisions in this year's Budget for a perfectly plain, however: the Liberals should rainwater tank rebate program to recall the ballot for the Ryan FEC for the third encourage water conservation." time this year. Bob Tucker was rorted out of I gave this motion my full support, and I firmly the process this time, possibly criminally. It is agree that there is no issue of greater more than time, too, that the Prime Minister importance—whether it be flood, famine, started to take some positive action to put the earthquake or war—than the availability of issue of branch stacking in the Queensland clean, fresh drinking water. The Government of branch of the Liberal Party, with its attendant the day has put much emphasis on the criminality, before his parliamentary committee. importance of water, its conservation and its Today the Leader of the Liberal Party availability, but not its catchment or storage. referred to rorting, but he never referred to the This Labor Government is anti-dam and lacks Brandis committee on rorting in the Liberal foresight to the greater needs of water 14 Nov 2000 Matters of Public Interest 4371 infrastructure development throughout this cleanliness and security, and a surety that the State. public receives cheap, clean water. Without water, this country simply would I call on this Government and I put this cease to exist. Australia is a dry continent, and Government on notice to be fair dinkum and while sometimes we obtain too little rain, a honour the commitment of support it gave to good many times we receive too much. If we the motion of the member for Nicklin last year. could harvest and contain much of the huge I leave this to the conscience of this volumes of lost water which run off to the sea Government to consider. each year, we could do so much with huge agricultural and energy projects like ethanol production. Rainwater Tanks Queenslanders are being continually told Mr WELLINGTON (Nicklin—IND) to conserve water. We see advertisements on (11.54 a.m.): I rise to speak on the importance our television sets; we hear it on the radio. But of a State Government incentive to encourage how many times do we hear of Governments greater use of rainwater tanks in our funding programs to encourage people to community. I thank the member for Burdekin install rainwater tanks? Yet it was this for inviting me to join him in speaking on this Government which supported the motion of important issue. the member for Nicklin to consider a rebate scheme that would encourage people into As I said in the House on 25 March 1999, buying water tanks. This Government has not the widespread use of rainwater tanks could set aside any funding program, even though it solve one of the most difficult problems we pretended to. have in Queensland; that is, providing water to our ever-increasing population. We live in one Throughout the State we have seen great of the driest continents in the world, and water manufacturers of water tanks; Aussie is our most precious commodity. I have been businesses, Aussie battlers, showing the world informed that the average Queenslander uses that we can build them better and cleaner. about 637 litres of water every day, and as our What support has this Government lent population increases so does our need for towards them? Absolutely none! Take Trail more water. Brothers, the Burdekin manufacturers of Tanks Direct, employers of over 20 people and I reiterate for the benefit of all members expanding into larger 10,000-gallon quality that during the March 1999 debate on this tanks. They are great rainwater tanks from a matter, there was unanimous support by all great electorate. Imagine what a rebate members of Parliament for my motion that scheme would do for small-business operators called on the State Government to investigate like Trail Brothers Burdekin. Just think how and, if possible, make provision in that year's many more jobs it would create. Budget for a rainwater tank rebate program so Modern plastic tanks like those as to encourage water conservation in manufactured by Trail Brothers Tanks Direct Queensland. are mosquito and disease free, guaranteeing In the past, the greatest obstacle to the fresh, clean, safe drinking water for people, expansion of the use of rainwater tanks whether on the land or in the city. Is the revolved around health and water quality Beattie Government going to disregard its issues. The argument was that lead and other support for the motion moved by the member pollutants from cars and industry settled on the for Nicklin, or is it going to take a sensible roofs of buildings with rainwater tanks and approach to encouraging Queenslanders not contaminated the water, making it unsafe for only to invest in jobs but to invest in a human consumption. This obstacle is no commonsense, no-nonsense approach to longer a valid concern, and I remind all conserving drinking water? members of the very successful rainwater tank The Beattie Government talks big on jobs, filtering system display that the Speaker jobs, jobs, and big on water conservation, but allowed to be set up on the Speaker's Green it is not big on action. There has been during the April sitting of the State Parliament renewed interest in water tank production due in 1999. That display demonstrated how to the advanced developments of plastic effective a simple water diverter and water tank mouldings. Advanced technology has been sock filter was in filtering water. There are able to prove that the belief that rainwater many other water filtering devices and filtering tanks breed frogs, mosquitoes and disease is systems on the market that are capable of now but a myth. Better methods of water significantly reducing the level of debris and catchment and storage have brought about pollutants entering water tanks. 4372 Matters of Public Interest 14 Nov 2000

I still believe that a State Government democracies everywhere has been the rainwater tank rebate program would be a exclusion of women. Any debate on simple and very effective strategy to not just democracy has proceeded as if women have encourage water conservation in Queensland not been there. She goes on to say that the but also play an important role in job creation omission of women in the call for freedom, and the development of new technology for equality and the rights of man was not just a the improvement of rainwater tank water scandalous oversight but an indication of the quality. relentless privileging of men. But it is not just In the March 1999 debate on this matter, unfinished business; it affects the very the Minister for the Environment and member foundations of democracy. Democracy in this for Everton spoke in support of the motion. I view has to be remodelled to accommodate use this opportunity to invite the Minister to the female half of the population. It is pure inform the House what he is doing to bring into and simple justice that women should vote, action the intent of my motion referred to and they also should be eligible to be elected earlier this morning. Again, I thank the to Parliaments, simply on the premise that member for Burdekin for allowing me to join they are entitled to equal rights as citizens. him in this important debate. Our democracy has evolved without any significant contribution to women. Our Emily's List; Women in Politics constitution, our Parliaments and our political parties have all been designed by men to suit Ms NELSON-CARR (Mundingburra—ALP) their preoccupations and convenience. As Dr (11.57 a.m.): I rise today to speak about Lawrence says, it follows that the full Emily's List and women in politics. Last participation of women might well require weekend marked the third annual general and/or result in significant changes to the meeting of Emily's List Australia. Emily's List is structures and processes of our political a national political network which was formed system. in 1996 to increase the number of women Labor parliamentarians. This organisation has We all agree that progress towards equal made a significant impact on the Australian representation has been alarmingly slow. Even political landscape since it was launched at today, only 22% of members and senators are Parliament House in Canberra by co-convenor women. When I look over to the other side of and former Victorian Premier, Joan Kirner, the House and see the sad situation of our Federal MP and former Western Australian Opposition, it is no wonder that its women look Premier, Dr Carmen Lawrence, and Senator pretty glum—two representatives from the Kate Lundy. National Party, one Liberal and two Independents. The Labor Government has a Emily's List provides campaign support for number of female Ministers and women contesting Federal, State and Territory backbenchers. seats, and since 1996 Emily's List has helped 39 new women MPs to be elected into Many would argue that the suffrage and Parliaments around Australia. It has women's movements have advanced, but I contributed $250,000 to Labor women's would argue that they have not advanced as campaigns. It has provided mentoring, much as they should have. Is 22% a true training, media support and strategic democratic representation? I fear not. Yet, campaign advice to candidates during according to the latest census, women make elections, and it has commissioned gender up between 50% and 52% of the population. gap research into ways Government can serve We have an increasing female participation in the needs of women. the work force. We see strong female Emily's List is national, with action groups representation in professional and associate in each State and Territory, and it is non- professional occupations. We know that factional. As a member of Emily's List, I am women are every bit as qualified as men. Our proud to reflect on the years between 1996 universities have a fifty-fifty ratio of men and and the year 2000. Emily is an acronym for women, but when we look at the number of Early Money is Like Yeast: it makes the dough women standing for election, we find it rise. This early campaign money is often the extremely disappointing. most important support a candidate can have It would be no news to my parliamentary when heading into an election. colleagues sitting in this Chamber that the Why is it so important that we have more most intelligent and educated women of women in Parliament? Well, as Dr Carmen working age do a number of things at the Lawrence says, one of the most obvious and same time. They run a family and a home, fundamental flaws in the developing they are in highly paid positions in industries 14 Nov 2000 Matters of Public Interest 4373 such as finance and they are able to organise man's voice—and I look at the Opposition in working hours—full or part-time—to suit their dismay. As one of my New Zealand needs. parliamentary colleagues has pointed out in a But if a woman was to enter politics, she recent article-— would find that it would involve long and "Power is a commodity that we as irregular hours, a lot of reading, meeting women lack. Primarily we are denied it preparation, media debates and constituency and subsequently have not used what issues, as well as attending lectures, little we have as fully as we might. As receptions and gatherings that take place feminists we recognise our lack of that during the evening and on weekends. kind of power but fly away from honestly Furthermore, there are no child care facilities in using or desiring it. We do want power, our Parliament building. but not power over people—not power I believe that many women are not that kills bodies or spirits—but power to attracted to politics in the same vein as men use with and for women—power to do because it is such a paternalistic working things—power to make our own decisions. environment. We also do not have the Not the power of ownership and control." paternalistic boys network, which is something She goes on to say that women have that must be overcome, and must be been viewed as being concerned only with overcome quickly. It is a male oriented caring and nurturing and that we do not environment and it is all pervasive. Any woman understand a great deal about other issues. even half-heartedly considering a life in politics What absolute nonsense! Women have strong would be more than concerned about the fact opinions on expenditure, on armaments that the key decision-making positions are instead of education, on the upgrading of rural given and held by male politicians. There have roads, on the petrol price debacle, on been some small improvements, but certainly adequate suburban bus transport, on taxation not enough. matters, on priorities of development and so Women today believe that they have to on and so on. But we do expect to be fight not only in terms of political debate but for consulted. She says that legislation is passed their rights as well. Women, even in political only when men have assessed that whatever positions, still feel frustrated at their they are giving us will not threaten or powerlessness. They often feel defeated jeopardise the continuation of their system. before they start. Women, I believe, should Men do not have to think to be politically recognise the politics in their lives which aware because the system is what they involves the legal, social, environmental, are—male. They do not even have to work at medical, labour and familial systems with which it. we interact. Having said that, political There is not one agency or avenue that is oppression of women by men continues not wide open for women's political activity. regardless of race, creed, religious beliefs, There have always been practical and logistical nationality or age. Just consider a woman impediments, but there is also a lack of walking alone at night. How does this woman understanding of how oppressed women are feel? Do women in other places feel and a fear of using power in case they abuse differently? Do men feel the fear that women it. Women have been socialised to care, to feel? I think not. nurture, to compromise and to put themselves Emily's List is an organisation which second. This is where Emily's List comes to the encourages women to believe that they have fore with such a positive force. Emily's List tells the potential for a broader consciousness of us to start looking at our own lives and to see politics and that their lives are more varied and who has the power where and when. Emily's less circumscribed. They are able to do more List insists that we must study how it is used things at any one time. Many of the barriers and start using it ourselves. It is the only way which have inhibited equal participation have that women are going to be able to gain those been overcome, but the social barriers that are things that are their right. imposed by male practices and are Politics for a male leader is more likely to perpetuated by suitably brainwashed females be a vehicle for personal and career does continue to stand in the way. advancement. For women it is likely to be a When it comes to making decisions in labour of love. Women are not in politics to Parliament, a handful of women is no more capture positions for themselves, but for than a token acknowledgment of their right to others. Last week in Parliament, the Minister be there. The voice of Government is still a for the Office of Women's Policy made a 4374 Matters of Public Interest 14 Nov 2000 number of statements with respect to the first MATTERS OF PUBLIC INTEREST State Government Women's Policy Unit. Resumed. Thankfully, this Labor Government has made a commitment to women by having a Ministry. Minister Spence says that at the start of 1990, Queensland Police Service just weeks after the National Party departed Mr HORAN (Toowoomba South—NPA) the Treasury benches, Queensland had no (12.06 p.m.): Last week in this Parliament we women judges, no women magistrates, no saw the tabling of two very important women heads of State Government documents: the annual report of the departments, no State anti-discrimination Queensland Police Service and the police legislation, no State funding for women's statistical report. Much of the content of those health centres and no State-funded women's reports indicate the pathetic lack of support by sexual assault programs. We have certainly the Beattie Labor Government for the Police come a long way since those days. Indeed, Service and the budgetary shortfalls that the Premier of Queensland recognises the existed during the last financial year. The importance of affirmative action, the results of that lack of resources certainly show importance of Emily's List and the importance up, particularly in the area of property crime. of women in Parliament. The proof is in our The real problem, of course, is that this numbers and representation. But one State Beattie Labor Government is a Government Government is not enough if we are to change that has its very foundations based in the face of democracy. cheating, corruption, factional deals, jobs for Ms Spence went on to say that some mates, jobs for mates in ministerial offices, Queenslanders observed the improvements factional deals as to who gets into Parliament and asked whether we still need an Office of and factional deals as to who works in the Women's Policy. I agree with the Minister—we Minister's office. Is it any wonder that it loses are such a long way from becoming equal sight of the real game and loses sight of the participants in the democratic system. We are real task particularly in the Police portfolio— still under-represented in senior positions, we reducing crime? still earn less than men, we are still more likely The Beattie Labor Government was left a to be employed as casuals and part-time wonderful legacy by the previous coalition workers in low paying industries and we are still Government of a massive police recruitment more likely to be subject to domestic violence, program. Through the efforts of the previous sexual harassment and workplace Police Minister, Mr Cooper, the Government discrimination. As the Minister says, it is worth was able to introduce a recruitment program while celebrating victories, but in the meantime that boosted the intake at the Oxley Police we must keep working to improve the lives of Academy by a large number, provided for women and girls in our State. additional courses there and also, importantly, I commend the work of Emily's List and its provided for the establishment of a new police academy at Townsville, which was strongly co-founders in the tireless work they continue opposed by the then shadow Minister, to do across Australia to attract women into Mr Barton, who is now of course the Minister politics so that finally we will have equal for Police and Corrective Services. He opposed representation and be able to have a real this proposal, which gave an opportunity to voice in the democratic process. north Queensland's young men and women to Interruption. join the Queensland Police Service at a north Queensland centre, to have their training there and, because they came from the north, most DISTINGUISHED VISITORS likely to stay up there in the north and serve in Mr DEPUTY SPEAKER (Mr Fouras): the north. Order! Before calling the member for But there is some interesting reading Toowoomba South, I would like honourable contained in these statistics, especially when members to acknowledge the presence in the we look at the issue of police numbers in the gallery of His Excellency Dr Jose Luis 1999-2000 financial year. I refer the Garaycochea, Ambassador for Peru, Parliament to an answer to a question without accompanied by the Honorary Consul, Mr notice given by the Minister for Police, Stefano Marrama. Mr Barton, on 28 August. The question was asked by the member for Kurwongbah and in Honourable members: Hear, hear! answering this question the Minister said— 14 Nov 2000 Matters of Public Interest 4375

"Over the past year the net increase means that the hot breath of offences in police numbers in Queensland was committed against houses, businesses or cars 387. The net increase this financial year is being felt by about 1 in 12 people in will be 357." Queensland every year. The rate is increasing The Police Statistical Review shows that by 8%. police numbers increased from 7,178 to 7,421, Where is the direction from this Minister an increase of only 243. Where are the 387 and this Government? Where is the policy? new police officers that the Minister told this Where is the organisational and management Parliament about? The Minister seriously plan? Where is the funding? We are lacking in misled the Parliament. This is an important terms of direction from this Government. No matter to Queenslanders, to police officers and matter how good and how professional the to members of Parliament. We must be Queensland Police Service is, the Government assured that, when the Minister quotes police of the day must provide the funding, the numbers for the previous financial year, he direction, the policy and the plan so that the quotes the numbers accurately and honestly. I wishes of the people can be adhered to. We wonder how people feel in those electorates see nothing of that from this Government. As that are crying out for police officers. I wonder a consequence, offences against property are how they feel when they see the dishonesty increasing year after year. that occurs in the Queensland Parliament. I would like to return to the issue of police There are other indicators that point to the numbers. Whilst we have seen changes in pathetic performance of this Police Minister. police numbers in some of the regions, it is The total number of new recruits sworn in interesting to note that in three regions the during 1998-99 was 553. In the past year we ratio of police numbers to population has saw a mere 498 recruits sworn in. This declined. In the Southern Region we lost 12 represents a decline in numbers. The number and in the Metropolitan South Region we lost of resignations, retirements and so forth has six. Naturally, in those areas the police to increased from 208 to 257. At 30 June 1999 population ratio declined. In Metropolitan North we had 341 recruits in training, whilst at 30 we saw a difference in numbers of only 10. June 2000 we had 279. On every single count The ratio of police to population also declined the performance of the Minister for Police has in that region. Increased police numbers are been pathetic. He has misled this Parliament not being fairly apportioned throughout the about police numbers. We have seen an State. My colleagues from the Sunshine Coast increasing rate of resignations and retirements area have referred to the shortage of police and a declining number of recruits. In the last officers in their electorates. financial year we saw a deliberate cut of 114 in We have seen an increase of 18% in the recruit intake at a time when more recruits offences against property in the Metropolitan were desperately needed. North Region, 15% in the Metropolitan South I want to refer to three areas of crime in Region, 11% in the Central Region, 6% in the Queensland, namely, crimes committed Northern Region, 5% in the Southern Region, against the person, crimes committed against 3% in the South East Region and 3% in the property and other forms of crime. I believe North Coast Region. The only area that that the two important aspects are crimes showed a decline in the number of property against the person and crimes against offences was the far-northern area, where we property. To give credit where it is due, there saw a decrease of the order of 7%. has been a decline of 2% in the number of Many property offences are committed by offences committed against the person. The persons using drugs. As a result, we need a number declined from 30,166 to 29,580. plan of attack. I can inform honourable We have seen an 8% increase in members that the coalition's policy will contain offences committed against property. In the a plan of organisation, a plan of attack and a year 1998-99 there were 281,582 offences policy direction that will enable the Queensland committed against property as compared with Police Service to attack the dreadful scourge 303,105 in the year ended 30 June 2000. This of crimes against property which are affecting is the area that concerns people because it so many people throughout Queensland. covers offences against private houses, small The Beattie Labor Government businesses and motor cars. The population is introduced the Crime Prevention Strategy. We greatly upset by such offences. The numbers saw millions of dollars spent on meetings of these offences have continued to increase around the State, the publication of glossy year after year. Some 8,487 property offences brochures and all the other colourful types of are reported for every 100,000 persons. That strategy that we have come to expect from this 4376 Matters of Public Interest 14 Nov 2000

Premier. It was a publicity stunt. That money enforcement for industry, Government and should have been given to the Queensland consumers; a consistent regulatory approach Police Service to buy a few more patrol cars or across Australia through nationally agreed a bit more equipment. It could have been policy standards and enforcement procedures; used to increase police numbers or to provide recognition that responsibility for food safety housing for police in rural areas. The money encompasses all levels of Government and a should not have been spent on a stunt by the variety of portfolios; and, finally, supporting the Premier such as the stunt he performed when joint Australian and New Zealand effort to he was Minister for Health and spent 100 days harmonise food standards. looking around. Instead, bureaucrats were sent to some of these community meetings To achieve these objectives ANZFA has and the people were told what was good for had three priority tasks: firstly, the review of the them and what the Premier planned. It was State and Territory Food Act and the not a case of the community saying, "This is development of a new intergovernmental what we would like to see"; instead, agreement and model food Bill; secondly, a bureaucrats told the community what the systematic review of the Food Standards Government wanted. It was absolutely Code; and, thirdly, the development of food pathetic. safety standards as part of that code. Time expired. I would like to bring to the attention of the House a number of milestones this year that have marked significant progress in the National Food Safety Week achievement of these reforms and these Dr CLARK (Barron River—ALP) tasks. In July, the Australia New Zealand Food (12.19 p.m.): This week marks National Food Standards Council—ANZFSC—which consists Safety Week and is an appropriate time to of the Health Ministers of Australia and New focus on the national reforms currently being Zealand, met in Wellington, New Zealand. I implemented across Australia with respect to was privileged to join the Minister at that food safety. meeting in Wellington where there was an At the 1991 Premiers Conference it was agreement on a comprehensive labelling agreed that there was a need for uniform and regime for genetically modified food as part of consistent food legislation across Australia. the Food Standards Code. That places The purpose of the agreement was to Australia at the forefront of consumer consolidate the responsibility for developing protection and choice in the world. food standards and ensure the uniformity of The 24 November ANZFSC meeting will food standards in the States and Territories. be considering the latest draft of the joint food The Australia and New Zealand Food standards code, which sets all standards with Authority—ANZFA—was created to undertake respect to food labelling and the composition this task. of food. Whilst there has been extensive The lack of uniform legislation and consultation with respect to the joint code, regulation is only one of the drivers of the there is still a number of outstanding issues of current reform agenda. ANZFA has estimated concern to Queensland Health and industry that Australia's current food hygiene regulatory and consumer groups. For example, the system costs Government $18.6m to enforce Australian Food and Grocery Council in and business $337m in compliance costs particular has major concerns about the cost of every year. It is claimed that some 11,500 compliance with respect to mandatory nutrition consumers contract a food-borne illness every panels on all products and percentage day, costing the Australian community $2.6 labelling of characterising ingredients. Whilst billion every year. Although there may be these measures have been welcomed by some debate about the number of people consumer groups, indicating a clear difference suffering from food-borne illnesses, there is no of opinion among stakeholders, both the doubt that it is increasing annually. Australian Consumers Association and the Australian Food and Grocery Council, together The 1997 Blair review of food industry with Queensland Health, are unanimous in regulations provided further impetus to the wanting to see set compositional standards for reform process and had the following more icon foods, such as jam and peanut objectives: the provision of safe food control butter, after winning the battle for meat pies for the purpose of protecting public health and earlier this year. safety; a reduction in the regulatory burden on the food sector; harmonisation of the domestic The latest labelling controversy to erupt and export food standards with international relates to the need to label the sugar content food standards; cost-effective compliance and of foods separately rather than include sugars 14 Nov 2000 Matters of Public Interest 4377 in the amount of total carbohydrates present in The role of the Queensland food safety food. The current eleventh hour debate over stakeholders forum is to provide a forum for aspects of the joint food standards code effective communication, negotiation and highlights the difficulty in achieving consensus, consultation on the Queensland model for the and I am sure that the 24 November meeting implementation of a risk-based food safety of Health Ministers in Canberra will prove to be management system; to ensure that the as vitally important as the one that was held in Queensland food safety system encompasses Wellington. I personally hope that it will be all levels of the food services, manufacture possible to see agreement reached; in and retail food industry and consumer particular, that we can find an appropriate concerns; to ensure that the risk-based food mechanism to resolve these outstanding safety management system is effective, differences that involve all key stakeholders transparent and understandable for use by the rather than delaying the adoption of chapters food services, manufacture and retail food 1 and 2 of the joint code, which has been so industry; and finally, provide an annual report long in the formulation and most of which is on the progress of the implementation of food supported by all stakeholders. reforms by the Queensland Government. I Chapter 3 of the Food Standards Code wish to place on record my appreciation for the comprises the new food safety standards. contribution made by all forum members Three of these four standards were agreed to present at yesterday's meeting. It was the by the Health Ministers in Wellington. Food beginning of what I hope will be a very positive safety standards known as standards 3.2.2 partnership with agreement reached to work and 3.2.3 relate to food safety practices together on a communications strategy with including food handling controls, the health respect to the new standards; the clarification and hygiene of food handlers, cleaning and of training provisions to produce entry-level pest control, and specify the requirements for workers able to handle food safely; and the food premises and equipment as they relate to development of a model to allow for the food safety. It is anticipated that these introduction of voluntary due diligence food standards, which are outcome based rather safety programs alongside the current regime than prescriptive, replace the major part of the of inspections by environmental health officers. existing Queensland food hygiene regulations I saw at first-hand the problems by mid next year. Food safety standard 3.2.1, experienced in Victoria where food safety food safety programs, has been deferred by programs were mandated within specific tight the Commonwealth until a cost-benefit time frames and I am determined that analysis has been completed. Queensland will not repeat those same The implementation of these uniform food mistakes and line the pockets of unscrupulous safety standards will be a major achievement consultants at the expense of businesses and one that will require the cooperation and already struggling with the imposition of the support of a very wide range of stakeholders GST. I have heard already that businesses are under the leadership of Queensland Health. being told that their staff must undertake The Minister for Health has asked me to assist specific formal training programs in food safety her in this task in my role as Parliamentary and that they must prepare full hazard analysis Secretary. Yesterday, it was with great and critical control points food safety pleasure that I chaired the first meeting of the programs—the so-called HACCP programs. food safety stakeholders forum, which consists The cost to each business of these measures of peak industry bodies from the retail, service could range to thousands of dollars. It is and manufacturing sectors of the food important for them to know that neither formal industry; professional bodies, including the training nor HACCP food safety plans are Australian Institute of Environmental Health currently legally required by any food and the Australian Institute of Food Science businesses in Queensland, nor are there any and Technology, local government, the plans to introduce those mandatory programs Consumer Food Network, the Queensland prior to the completion of the Commonwealth Association of School Tuckshops, including a cost-benefit analysis when the situation can parent representative; as well as the key then be reviewed. Government Departments of Primary Food safety standards 3.2.2 and 3.2.3 Industries, State Development and Health. will, if carried out properly, result in a high level Last week, I also met with representatives of of food safety and provide protection for unions, training bodies and the voluntary not- consumers. Food safety programs currently for-profit organisations to determine their play an important role in the Queensland food views, concerns and priorities with respect to industry and will continue to do so, but we these standards. need to make sure that we have the 4378 Matters of Public Interest 14 Nov 2000 cooperation and support of business so that said that if the coalition ever returned to they see the value of voluntarily introducing Government, they would fix the industrial such programs. relations system in this State once and for all. There are many challenges ahead to The only way that could be achieved, in the achieve uniform food safety regulations and coalition's terms, is to hand over completely improve the current level of food safety. A our industrial laws to the Commonwealth. No properly resourced partnership between matter how many times the Opposition denies industry, the voluntary sector, local it, we will continue to remind workers in government, consumers and State Queensland of their secret agenda. Government in which each plays a constructive The Opposition wants to hand over role will be essential, and I look forward to Queensland's industrial relations laws to the facilitating that partnership and meeting the likes of Peter Reith, whose record has been challenges ahead. outlined clearly in this place on a number of The third priority for ANZFA is the occasions in debates. In Victoria, as a result of development of a new intergovernmental that State's policy of handing over its laws to agreement and model food Bill. The recent the Federal Government, many thousands of Premiers Conference on 3 November finally workers are without adequate protection. endorsed these initiatives and Queensland will When it comes to industrial relations have 12 months to implement the new matters, the State coalition has a consistent legislation. Importantly, Queensland has record of following in the footsteps of the endorsed the Minister for Health as the lead Federal Government. In both 1996 and 1997, Minister on a proposed new ministerial council we saw clear instances of that when the to be concerned with food standards and food coalition introduced almost mirror legislation to safety, while recognising that the Minister will the deregulatory reforms that were introduced confer with the Minister for Primary Industries by Minister Reith. They whittled away at the and will ensure that a whole-of-Government powers of the Industrial Relations Commission review is presented to the ministerial council, to directly intervene in the resolution of as is only appropriate. This development disputes. They stripped away the powers of represents yet another chapter in the reform the commission to set adequate and proper agenda, and I look forward to reporting to standards and awards and to set proper Parliament again as work progresses on its wages and conditions of workers. That is implementation. exactly the agenda that the coalition would Finally, in the few moments remaining to pursue if we ever have the unfortunate me, I would like to return to Food Safety situation of their being returned to Week, because yesterday it was a pleasure to Government. launch Food Safety Matters, a teaching and Mr Musgrove: They hate ordinary training resource for high school and TAFE workers. students developed by Queensland Health in cooperation with the Home Economics Mr ROBERTS: They have a record of Institute of Australia. I commend all of those that. In previous debates, we have spoken responsible for this excellent resource. about the shameful and disgraceful events of the waterfront dispute where workers were Time expired. subjected to serious intimidation and threat by thugs in balaclavas and attack dogs. Coalition's Industrial Relations Agenda The coalition has a record of wanting the Mr ROBERTS (Nudgee—ALP) market to determine the working conditions of (12.27 p.m.): I want to take an opportunity to employees and their pay rates. They have a talk about the real industrial relations agenda record of seeking to whittle away at the ability of the coalition. It is a matter that I was starting of trade unions to adequately represent the to address in the private members' debate on interests of their members both in negotiations industrial relations matters last week. directly with employers and in the Industrial Relations Commission. We know that a system The real industrial relations agenda of the such as that will result in the increasing coalition is to eventually hand over the fragmentation and casualisation of the work industrial laws of Queensland to the Federal force. In recent times that is an issue about Government. That plan was outlined clearly by which there has been a fair bit of media the member whom we now refer to as the attention. It is a significant issue, particularly "shadow shadow Minister for Industrial the increasing casualisation of the work force. Relations", Santo Santoro. In the debate on Labor's Industrial Relations Bill, Mr Santoro Time expired. 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4379

CHILDREN SERVICES TRIBUNAL BILL they apply for particular jobs. Those concerns COMMISSION FOR CHILDREN AND YOUNG of the Parliament and of this House were PEOPLE BILL addressed by me and are included in a Second Reading (Cognate Debate) number of provisions in the Bill, about which I will be able to speak further in Committee. Resumed from 10 November (see p. 4338). As usual, the coalition's response was characterised by a degree of policy paralysis. Hon. A. M. BLIGH (South Brisbane—ALP) While there was effort to find fault, no (Minister for Families, Youth and Community alternative proposals of any significance or Care and Minister for Disability Services) substance were put forward. It was also (12.30 p.m.), in reply: The Bill before the characterised by a failure of memory. The House is the product of an extensive legislative member for Indooroopilly sought answers to a review and Statewide consultations. The Bill number of questions about resources that proposes a number of very significant changes might be provided to the Children's to the existing framework that governs the Commission to fulfil the obligations of the Act. operation of the Children's Commission. The The honourable member for Indooroopilly proposed changes reflect the views and might recollect a very extensive discussion at experience of those who work in this sector. the Estimates committee, when both the They also rectify the flaws of the current Act, Children's Commissioner and I were available which have hindered, in some cases, the work to answer his questions and when the of the commission. The changes will expand questions he asked in the Chamber last week the powers of the commission to investigate were answered in extensive detail. I suggest and resolve complaints and will add new that he and others with an interest return to responsibility to the work of the commission, those documents. particularly in the area of criminal screening of those people who work in areas involving This Bill warrants much better treatment children. than it has received to date from the coalition. The response to date has been characterised This is a very important piece of by laziness, no attention to detail or facts and legislation. It goes to the safety and protection very sloppy research, not to mention very fuzzy of children, to the quality of the services that thinking. This sort of law reform deserves a lot are provided to our children and to the heart of of consideration. It has been on the books for good Government decision making, particularly a number of months and, as I said, it deserves in the Department of Families, Youth and much better treatment than it has received. Community Care and other Government departments providing services to children. I A number of issues raised by the shadow have to say that I was therefore very Minister will be the subject of extensive disappointed with the response by the discussion in Committee, so I will address only coalition. What we heard in the speech of the briefly the major concerns that he raised. One member for Indooroopilly in the second- of his first concerns was in relation to the fact reading debate was an unfortunate rambling, that the screening laws are not proposed to disorganised and ill-prepared response to a Bill operate retrospectively. I remind the member that has been before the Parliament now for a for Indooroopilly that when the coalition number of months. The response was Government introduced similar screening laws characterised, firstly, by a confused policy for teachers in amendments to the Education position. For example, the member for (Teacher Registration) Act 1988 it simply chose Indooroopilly and the coalition, it appears, are not to make those laws retrospective. supporting the view that volunteers who work It is important to note that there are with children should not be covered by this literally hundreds of thousands of people legislation, but at the same time they are employed in a paid and unpaid capacity in saying that if volunteers are to be covered child-related employment. What we sought to then all volunteers, including parents who are do with this legislation was introduce a involved in an activity involving their children, completely new legislative framework to ensure should also be incorporated in the regime. the safety of children from workers and The member for Indooroopilly's volunteers who might be looking to prey upon contribution was in many cases factually them. In doing so, we had an obligation to incorrect, and no more so than when he ensure that the framework being put forward alleged that the Government had failed to would be one that was workable and comply with a motion of the House last year reasonable. In my view, this Bill strikes that that sought consideration of criminal sanctions balance. However, where an employer is for people with certain criminal histories when concerned or reasonably suspects that an 4380 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 employee may have a relevant criminal history is not about seeking to reprosecute those that may make them unsuitable for child- people who have broken the law and been related employment, there is a particular punished for it; it is about protecting children provision in clause 128 which provides the and keeping unsuitable people out of the lives opportunity for an employer to screen of children wherever possible. somebody who might otherwise not be caught According to the member for up by the Bill. Indooroopilly, the Explanatory Notes for the Bill The member for Indooroopilly expressed did not meet the requirements of section 23 of concern that the Bill did not provide the the Legislative Standards Act, which requires a commissioner with the opportunity to conduct, brief assessment of the administrative cost to promote and monitor training or public Government of implementing the Bill, including awareness activities. I again draw his attention staffing and program costs. In my view, the to clause 15 of the Bill, which provides in a Explanatory Notes meet the requirements number of parts the powers for the amply. They state that criminal screening will commission to advocate for the rights, operate on a cost neutral basis and that interests and wellbeing of children, to conduct additional funding will be required by the research into issues affecting children, and to Government for the community visitor monitor and review laws, policies and practices program. As I have said, the Explanatory relating to the delivery of services to children. It Notes are also supplemented by a great deal provides specifically that the Children's of detail provided to the member for Commissioner should be involved in public Indooroopilly in the Estimates committee education around those issues. In my view, process. I draw the attention of the member the member's concerns in that regard are for Indooroopilly to legislation he put before entirely unfounded, and I draw his attention to the House when he was Attorney-General. I clause 15. would have to say that, by comparison, the As I have said, the member for Explanatory Notes that he provided to the Indooroopilly expressed some concern about House on a number of occasions went the fact that he did not believe the Bill had nowhere near as far in meeting those addressed the motion agreed to by the House requirements about financial costs as the on 24 November 1999. The motion was Explanatory Notes do in this case. moved by the member for Warwick and was The member for Indooroopilly has also seconded by the member for Yeronga. The raised concerns about the availability of motion called upon me as Minister and the adequate resources for the implementation of Government in the drafting of this Bill to give the provisions contained in the legislation. As I consideration to making it a criminal offence have said, I am not going to go into that in any for a person with a particular criminal history to greater detail because it is all available to him apply for employment in child-related areas. It if he just looked it up or cast his mind back a is patently untrue that the Bill fails to address couple of months. that and patently untrue that the Government The question was raised as to whether did not give any consideration to what was a the Government had taken into account the bipartisan motion unanimously supported by increased workload of the tribunal because of the Parliament. the range of matters that may come before it The regime that is being put in place in the future. The Bill adds only one additional under this Bill provides that when a person has function to the work of the tribunal and that is been found unsuitable by the commissioner the function to hear appeals against a decision and issued with an unsuitability certificate and of the commissioner which finds a person they then proceed to apply for employment in unsuitable to work with children. The issue of these areas they commit an offence, and the funding for the tribunal should its workload be offence is punishable by a sentence of a increased will obviously be a matter that the maximum of five years' imprisonment, or 500 Attorney-General and Minister for Justice and penalty units. As the member may be aware, Minister for The Arts as the responsible and as we have discussed on a number of Minister will monitor over time and take occasions, this Bill does impinge on the civil through the normal Cabinet Budget Review liberties of adults in an effort to protect Committee processes. However, I can assure children. In my view, it strikes what is always a the member for Indooroopilly that the current very careful balance between those two budget for the tribunal will be transferred to the objectives. The member's argument and his Department of Justice and Attorney-General. I proposed amendments demonstrate that, in certainly do not anticipate that there will be an my view, he does not understand how the enormous pressure on workloads in the criminal screening provisions operate. This Bill foreseeable future. 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4381

The member expressed a great deal of onus on the employers to be the gatekeepers concern that sporting and recreation groups and to meet their own duty of care. will find it difficult to have their staff screened The member also expressed some by the commission and that they may find it concerns about the exemption of practitioners puts budgetary pressure on them. I am very, and the definition of "registered business", and very aware of the difficulties faced particularly I am happy to clarify that for him. Currently, the by voluntary organisations and organisations work of health practitioners is governed by a that work in the not-for-profit sector. The matter range of registration boards which are of costs was one to which I gave a great deal established under various health practitioners of consideration, and I was assisted in that Acts. There are, as he would know, a number process by a number of organisations of Bills before the Parliament to update those representing sporting groups and volunteer Acts. In some areas there is currently some agencies. degree of testing for registration purposes, but The proposal in the implementation of this the Bills before the House propose a new Bill is that the screening of paid employees will regime for criminal history screening of health come at a cost of $40, but that the screening practitioners. It was not the role of this piece of of volunteers will be free. This essentially legislation to duplicate other screening means that those organisations which rely mechanisms and regimes. For example, we extensively on volunteers will bear no are not proposing to use this mechanism to additional costs as a result of this regime. In screen teachers or Family Services officers. I addition, the Bill is silent on the question of can assure him that the Government is aware whether the cost of screening is to be borne by of the need to ensure that as many people as the employer or by the prospective paid possible are covered through the most employee. The cost may therefore be passed relevant screening mechanism. on to a preferred applicant for a paid position if Again, concerns were expressed about a small organisation or, indeed, a large the number of visits that would be undertaken organisation wishes to do that. I would by community visitors. The commissioner has certainly suggest that they give active advised that visits to each visitable site will consideration to that. occur on, at the very least, a monthly basis. I The member expressed some concern am sure members will be aware that it will be that in a number of sporting and recreation the case that some visitable sites will require groups a range of people move from being more attention than others and that we will parents one day, and thus exempt, to being have to look at an average over time, but that suddenly caught under the legislation and is certainly the intention. requiring screening and that this will cause a Some concern has been expressed about great deal of havoc. I know that there will be the jurisdiction of the complaints powers under some discussion in Committee as to whether the Bill. I know that the Law Society has raised or not parents will be caught in the definition of concerns in this regard, as have some other "volunteers". It is the proposal of the groups. I clarify that the advocacy role of the Government that, if parents are involved in an commission incorporates a role for every child activity in which their own children are active, who may have been treated unjustly or in a they will not be caught in the definition of way that is adverse to their wellbeing. The "volunteers" and therefore will not need to be commission has an active role to play in screened. relation to complaints from all children and to I understand the member for Indooroopilly advocate on their behalf. In doing so, is putting forward the view that we should not however, the commission must give priority to have volunteers at all and should not cover the needs and interests of particularly them, but that if we do parents should be disadvantaged children; those who are in or included. I do not think it is confusing. I do not may enter out-of-home care or detention; think it is at all difficult for parents to distinguish those for whom there is no appropriate person between, for example, attending and working to act on their behalf; those who are not able with one of their children involved in a netball to protect their rights, interests or wellbeing; or club on a Saturday morning and work that they those who are disadvantaged because of a might do in a more formal capacity at other disability, geographic isolation, homelessness times when their own children are not involved. or poverty. The question is not one for the parents but With regard to enlivening the specific one for the employer to make sure that they powers in relation to a complaint that might have screened everybody who needs to be involve the provision of services to children, screened. That is why we put a very significant yes, those powers are limited not just to those 4382 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 children who are in the care of the department behalf. I also wish to draw the attention of the but to those children who have come to the member for Gladstone to clause 56(2), which attention of the department through, for ensures that the capacity of the commissioner example, a notification. In my view, the ambit to deal with such a complaint in another more of this Bill is more than adequate, particularly appropriate way is in no way limited by clause to meet the needs as Parliament originally saw 56(1). them when the Children's Commission was put Finally, I would like to make some in place, and that was to meet the needs of comments on a broader topic that was those children who are particularly touched on by the member for Indooroopilly. disadvantaged and vulnerable. The member for Indooroopilly took the The member for Gladstone expressed a opportunity during his speech in the second- concern that the Bill gives the commissioner reading debate to bemoan what he called the the power to stop investigating a complaint if growing hysteria about paedophilia. He went the commissioner is satisfied that it would not so far as to say that in his view this hysteria be in the best interests of a child or children to was discouraging men from becoming whom the complaint relates to continue the teachers and becoming involved in a range of investigation, and she asked if we could give areas that involved working or dealing with an example of where that might be children. Paedophilia is a very serious issue in appropriate. I assume that the member is the community. The community has a right to referring to clause 56(1), which allows the be alarmed by some of the revelations and commissioner to cease an investigation of a some of the court cases that are now in the complaint if the commissioner is satisfied that it public realm. Governments of any political would not be in the best interests of a child or persuasion have an obligation to take those children to whom the complaint relates to complaints seriously, to act on them, and, in continue the investigation. doing so, to act responsibly and with a great deal of rigour. If the member for Indooroopilly I think I should clarify at this point that the is right about hysteria, I suggest that he may commissioner would not be investigating well contemplate the role that he and his own suspected cases of child abuse or other colleagues played in this regard when they complaints where a criminal offence has been were in Government. I take this opportunity to committed against a child. That is an remind the member for Indooroopilly of the appropriate role for the police or the report on paedophilia compiled by the previous Department of Families, Youth and Children's Commissioner, Mr Norm Alford. Community Care as necessary or relevant. Rather, the commissioner will be investigating As some members will know and others complaints where a service provider, including will not, that report was tabled in the Government service providers, has failed to Parliament on the day the previous provide services or has provided services in a Government faced a motion of no confidence. way that is contrary to the rights, interests or In my view, we can now see this report for wellbeing of a child. what it was at the time—nothing more than a cynical political exercise. It was based on no As I am sure all honourable members will research and no evidence. There was no understand, investigations can be lengthy and factual basis for any of the claims, nor did it sometimes traumatic experiences. In some contain any recommendations of any cases, the children themselves may wish a substance. It was a document hurriedly matter to be dealt with more expeditiously, for cobbled together. In fact, two-thirds of the example, through advocacy or mediation. It document consisted of photocopied articles, may also be the case that as an investigation Hansard speeches and documents from other continues, the evidence of a child complainant inquiries that had nothing to do with this may not be reliable and the child may choose document. They were simply put in there as to withdraw the complaint. The service provider padding to make it look like it had some may wish to negotiate a solution which is substance. If it had just stopped at that agreeable to both the child and the service document, then it may have not led to the provider. hysteria that followed. It may also be the case that the time For those of us who can remember it, the taken to complete an investigation may defeat report was accompanied by a series of what the purpose of the investigation. For example, can only be described as extraordinary if the service provider is shortly due to make a allegations and subsequently bizarre actions decision on a matter to which the complaint by people who were in paid employment in relates, it may be more appropriate for the senior Public Service positions under the commissioner to advocate on the child's previous Government. Allegations were made 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4383 by Mr Bob Bottom on radio and repeated recall the member for Indooroopilly in his role throughout a week of extraordinary allegations as the first law officer of this State taking any that snuff movies had been made by opportunity to assure people that these Queensland police officers on the Brisbane allegations were being looked into. River. There were extraordinary allegations that The Kimmins inquiry established by the there had been police cover-ups, a failure by previous Government to look into the police over a period of time to provide allegations makes very interesting reading. documents and that various investigations into There were a number of allegations aired in allegations of paedophilia had been aborted the public arena. Those allegations were by the Queensland Police Service. There were tested, not the substance of the allegations. I also accusations that involved blackmail of want to make it clear that it was not the role of Queensland politicians in relation to the Kimmins inquiry to establish whether or not paedophilia. those allegations were or were not factual but The Children's Commission then refused to investigate whether there had been any to provide to the CJC any of the documents official misconduct by the police in a failure to that might have substantiated such investigate them or to deliberately abort allegations. Instead, there were guards placed inquiries. I will give the House a couple of at the door of the Children's Commission and examples. One reference to the Kimmins the documents were put in a truck. The truck inquiry was an allegation that in 1985 police drove around town until it arrived at the investigations into the possible filming in Speaker's office. The Speaker was asked to Brisbane of a snuff movie by a group of give the documents sanctuary. A week later, alleged paedophiles were closed down Mr Bottom was sacked from the employment improperly. Mr Kimmins reports and of the previous Government and from two concludes— positions he was alleged to have held—one as researcher in the Children's Commission and "I can report that all allegations one as a researcher in the Police Minister's regarding either the alleged making or office. It is extraordinary that such positions alleged existence of so-called snuff might be held at the same time—a ministerial movies have been properly investigated appointment in the Police Minister's office and and suggestions that such investigations a position in the allegedly independent have been aborted or interfered with in Children's Commission office. any way are baseless." It was an unbelievable, extraordinary and There was a further allegation that in bizarre time. In my view, it undermined 1985 police investigations into the possible allegations of police cover-ups made without importation into Queensland of Filipino boys any substance. It undermined the willingness for improper purposes were closed down of people to come forward to make improperly. Mr Kimmins concluded— complaints. As politicians we need to ensure "There is no evidence at all to that if there are cover-ups, they are exposed. suggest that an investigation into the However, before making such allegations we possible importation of Filipino boys was also need to ensure that they have some closed down prematurely." veracity. If they do not, then it undermines the There was also an allegation that copies confidence of people to come forward and of credit card vouchers evidencing a make a complaint and it undermines their parliamentarian's visit to Brett's Boys was confidence that the law enforcement agencies seized by police and surreptitiously copied or of this State are capable and willing to removed from police holdings in order to investigate very difficult matters. blackmail the parliamentarian concerned. Mr We might ask what role the former Kimmins concluded— Attorney-General, the member for Indooroopilly, played in all of this. It may be "There is no evidence that credit card that he played some backroom role to ensure receipts were seized by police officers that Mr Bob Bottom was removed from those from Brett's Boys, much less that such two offices and thereby stopped from making credit card receipts detailed visits by a further allegations in the public arena. But parliamentarian." what constructive steps in the public arena did Finally, there was an allegation that in the the then Minister make? What constructive period 1976 to 1978 police investigations into steps did he take to reassure the people of the alleged paedophile activities of an Queensland that there was no need for individual were closed down improperly, an hysteria, that children were not being allegation that referred to the so-called Moggill disembowelled on the Brisbane River? I do not network. Mr Kimmins had this to say— 4384 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000

"... in his public disclosures, Mr Bottom at a time that was incredibly politically failed to make it clear that the matters convenient for him to do so. were historical ... therefore reflecting I conclude my remarks by recognising that adversely on the presently serving Bills of this magnitude do not come before the members of the QPS. House without a great deal of work from many In fact the police investigation into 'The committed people. I first of all thank and Moggill Network' some 20 years ago recognise the work of the Children's produced a total of 36 charges laid Commission and, in particular, the Children's against two individuals involving 19 Commissioner, Ms Robin Sullivan, and the children. There were no convictions instructing officer, Kathy Mandla. I also against these two individuals as the recognise the work of people in the prosecution found it impossible to Department of Families, Youth and proceed, mainly because of an absence Community Care, particularly the Director- of corroboration. General, Ken Smith; the Cabinet legislation Thus, to claim that the investigation of this and liaison officer, Monique Dawson; and Jo group was aborted is simply ludicrous. Linde from the Office of Child Protection. Even the slightest bit of checking would The Bills before the House were put have revealed that that allegation was a together with a lot of consultation from people total nonsense." who will be affected by them. I particularly In my view, the resources that went into thank those who were involved in the establishing those facts beggars belief. screening working party: Mr James Priest representing Scouts Queensland; Melissa I will conclude my comments in this area Anderson representing Guides Queensland by outlining some comments and remarks by and the Queensland Youth Alliance; Mrs Mr Kimmins contained in the conclusion of his Elizabeth Gilchrist of Guides Queensland; Ken report. First of all, he said— Windsor from the Indoor Cricket Association; "This all reminds me of the days of Paul Travis from the Athletics Association of witch-burning. Some poor woman was Queensland and the Sports Federation of accused by anyone at all of being a witch: Queensland, a peak body of sporting she was then required to prove that she organisations; Families, Youth and Community was not a witch and when, invariably, she Care officers; and Children's Commission was unable to do so, she was put to officers. death." These Bills were also the subject of a He went on to say— legislative review led by Mr John Briton. I thank John Briton, Penny Gordon, Stephen Parker "... the public reporting of such allegations and Geoff Airo-Farulla who were part of that without prior investigation, places the legislative review. I also thank that review's efficacy of any subsequent investigation legislative group: Mrs Jane Andersen from the at risk." Abused Child Trust; Elizabeth Anderson from He went on— the Foster Parents Association of Queensland; "Not only does the airing of untested Debra Doherty from Peakcare; Sally Goold; accusations threaten the innocent, but it Gwen Murray; Professor Ian O'Connor; and risks prejudicing the investigation and Jan Owen. As I said at the outset, these Bills prosecution of the real offenders." are important pieces of legislation. They warrant our careful attention. I believe that Finally, he concludes by saying— they significantly improve the legislative "... it is in the community's interest that framework that oversees the operation of the those who are in a position—directly or Children's Commission. I commend the Bills to indirectly—to influence the public the House. broadcasting of particular allegations Motion agreed to. should be vigilant to ensure that innocent people are not falsely condemned, and that investigations are driven by Committee (Cognate Debate) reasonable suspicion and not mere Hon. A. M. BLIGH (South Brisbane—ALP) hysteria." (Minister for Families, Youth and Community The member for Indooroopilly might like to Care and Minister for Disability Services) in contemplate the fact that he was a person charge of the Bills. who had a capacity to directly and indirectly Sitting suspended from 12.59 p.m. to influence the airing of those false allegations 2.30 p.m. 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4385

Children's Services Tribunal Bill and volunteers, and their staff need to be Clauses 1 to 157, as read, agreed to. aware of the warning signs of any abuse and how to take action to stop it. They must be Schedules 1 and 2, as read, agreed to. able to make a clear assessment of possible abuse early in the piece so that prompt action Commission for Children and Young People can be taken to prevent its occurrence. As I Bill say, such education relates not only to teaching children what is acceptable behaviour Clauses 1 to 14, as read, agreed to. and what is not—especially in terms of Clause 15— touching—but also to teaching sports Mr BEANLAND (2.32 p.m.): Clause 15 administrators and administrators of other outlines the functions of the commissioner. community organisations to recognise Clause 15(h) states that the commissioner is— evidence of inappropriate behaviour. Clearly, that is not required of the commissioner under "... to promote awareness among children this list of functions. Although I do not doubt about advocacy entities, complaints that at some stage it might become part of the agencies and other relevant entities." commissioner's functions, it should be a The clause goes on to list the commissioner's legislative requirement for such education and functions as including screening persons awareness programs to be conducted. The employed, or proposed to be employed, in legislation as it stands simply does not require certain child-related employment, and that. screening those carrying on, or proposing to Ms BLIGH: I am a bit perplexed by the carry on, certain child-related businesses. This member's concerns in this regard. Division 2 of clause does not state specifically that it is a the Bill outlines the functions and powers of function of the commissioner to undertake the commissioner, and as in all other education and awareness programs for young legislation where functions and powers of an people and for community organisations. I am officer are spelt out, they are cast sufficiently concerned that no provision in this clause broadly to incorporate the breadth of functions refers to educating and training young people being provided to the relevant officer. The as well as administrators of organisations and Children's Commissioner has a number of so forth. That should be one of the specific functions. Clause 15(i) states that one of those functions of the commissioner. functions is "to promote an understanding of, I believe this is a terribly important aspect and informed public discussion about, the of the legislation. I am sure that regulations rights, interests and wellbeing of children". can be passed and other actions taken in this Nothing that the member has suggested regard, but I believe this function ought to be ought to be done by the Children's spelt out clearly within the legislation. That is Commissioner cannot be done under that not the case. In his recent report on child subclause. The clause is cast sufficiently sexual abuse in Queensland dated November broadly to ensure that the commissioner also 2000, the Crime Commissioner went to great has the power to, for example, conduct lengths to talk about the need for education training and education and community and training and awareness programs, as do awareness, not only about the screening some of the community groups that have provisions but about the community visitor role made submissions in this regard, particularly and about other laws and programs that might sporting groups, which are vitally interested in be available to children. Those responsibilities this subject. They believe it is very important also rest with responsible line agencies. The that their employees receive specialised Education Department, for example, would training in this area so that they can be aware have some role to play in providing information of signs of paedophilia and child abuse. Such to children about their rights and so on. I groups go to great lengths to stress that this notice that, despite the member's concerns, should be an integral aspect of this legislation. he is not suggesting any amendment to this. I As the Children's Commissioner has a number am satisfied that the current outline of of related functions, it is vitally important that functions and powers in the Bill is satisfactory this factor also be contained in the legislation and I do not think it is relevant to waste any so that there is no doubt that this is a more time on it. requirement of the commissioner. Mr BEANLAND: I would like a guarantee Community groups are particularly from the Minister that the commissioner will be adamant in their belief that training ought to undertaking this task, because we have not be provided in this regard. They have a large yet had that guarantee from the Minister. I staff turnover in terms of both paid employees raise this matter because the protection of 4386 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 young children is a terribly important issue. families and parenting might be covered under Despite all the comments from the Minister, this definition, they have not been singled out she simply has not given an undertaking to the for mention there—although clause 6 states— Chamber that this will be carried out. It is "The family has the primary simply not covered in the terms that I have responsibility for the upbringing and outlined. Several sections in the Bill promote development of its children, and should awareness among children of advocacy be supported in that role." entities and so forth and promote an understanding of their rights, interests and Those issues have not been mentioned in wellbeing, as the Minister points out, but again the definition of "relevant subject area", and I it is not covering the issues that I raise. Despite ask the Minister: is there a reason for not all of the discussion so far, there has been no mentioning it there? I think it ought to have indication given that this very important and been mentioned to clarify and make it quite vital aspect of the commissioner's functions will clear that this is a relevant subject area, a very be performed. I think that all members would important area to which there ought to be like to see some indication from the Minister or some reference. some guarantee that this will be done by the Ms BLIGH: I am pleased that the commissioner at some length. member has drawn attention to this provision, Ms BLIGH: If the member had been because it does actually provide expanded paying attention to the public debate that has requirements for the appointment of a occurred on this issue—and he may recall it Children's Commissioner than the current Act was quite contentious at this time last does. The current Act does not require that the year—he would know that I have given a appointee or the person being considered for number of public undertakings that the appointment have any experience working with Children's Commission will play an active role children, and I think we all know what the in providing assistance to organisations, not appointment process in the last round only in their obligations under the new delivered by way of a candidate. The current legislation but also in the broadest sense of Children's Commissioner has extensive assisting them, where appropriate, in good experience working with children in her employment practice and risk management capacity in the Education Department, and around these issues. Any suggestion that the that is one of the reasons I thought it was Children's Commissioner would fail to important to actually make sure that there was undertake appropriate education about the a provision in the Act that required that the legislation for which she is responsible is, Children's Commissioner should have some frankly, nonsense and I certainly am absolutely experience working with children. So this is confident in her capacity to do that. The actually an improvement on the current member should know that this Bill, like all provision. others, will not be proclaimed until there has The reference in this provision to the been a thorough community education principles of the Act, in my view, amply covers program about the obligations that the concerns of the member for Indooroopilly organisations and individuals will have under it by referring directly to the principles of the and that that will be an ongoing activity by the importance of the family in relation to the Children's Commissioner who is very well upbringing of a child. placed to do it. Mr BEANLAND: I am well aware of what is Clause 15, as read, agreed to. covered or not covered in the current legislation, but I believe that we have a new Clauses 16 to 20, as read, agreed to. piece of legislation here, and there are other Clause 21— issues that need to be addressed that certainly Mr BEANLAND (2.42 pm): I refer to were not addressed under the original Bill. clause 21, which refers to the appointment of That does not mean to say that they should the commissioner. There are a number of not be picked up and included in this piece of aspects of this appointment outlined there, legislation. such as "knowledge, and experience working One of those issues is the appointment with children, in a relevant subject area". A procedure. I am concerned that this position relevant subject area is defined as "child was not advertised. As best I can see, the Bill protection, children's rights, child welfare, does not propose or spell out that the community services, education, law, medicine, Government needs to place advertisements psychology or social work", but I notice there is for this position of Children's Commissioner. I no reference to the issues of parenting, family might be wrong; it might be covered and those types of issues. While the issues of somewhere and I have missed it, but I just 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4387 cannot see that. I know that the current I am interested to know why the time limit of legislation does not require it, but I believe in one year has been placed there. Is there a this day and age that ought to be looked at. I specific reason why it is one year after the am not being critical of this, but I think that the person first becomes aware of the matter and current commissioner's position is an SES4 not some other time limit? Perhaps the whereas previously it was an SES3 position. Minister could advise the committee. That is fine, but it should have been advertised Ms BLIGH: It is simply a matter of as such. There needs to be some workability. It does not limit the commissioner transparency and accountability for these hearing a matter where the circumstances types of appointments. I accept the Governor might have arisen several years ago, but in Council will approve them at the end of the simply where the person making the complaint day. I do not know who is interested in the becomes aware of a matter they can then be community. I would suggest that the in a position to make the complaint. It is simply Government of the day does not know. a question of putting some reasonable The Bill should contain a requirement to guidelines around the making of complaints to call for applications because people from a allow the commission to manage its workload, broad cross-section of the community might be and I think it is a sensible one. interested in this job, a statutory position that Clause 34, as read, agreed to. would not otherwise be, and I just feel that the way the legislation is currently written limits it Clauses 35 to 52, as read, agreed to. somewhat—as the current legislation does. I Clause 53— do not think that this legislation takes it a step Mr BEANLAND (2.50 p.m.): In speaking forward. As we are debating new legislation to clause 53, my remarks will also touch on that expands and increases powers in a whole clause 54. This matter concerns false and range of matters, I would have expected some misleading statements in documents. I notice sort of advertising requirement in the that the penalty is 100 penalty units, which is legislation to ensure that this very important about $7,000 to $7,500, for knowingly position is filled from applicants from the providing false or misleading information. I broadest possible cross-section of the question the penalty. I would have thought community. that knowingly providing false or misleading Ms BLIGH: Again, I am happy to clarify information would be quite a serious matter. I this clause for the member. No, the clause thought the penalty was somewhat light for the does not specifically provide for advertising type of documentation and information that we and, in fact, it specifically provides in subclause are dealing with here. Perhaps the Minister 5 that the appointment to the position of could give some clarification as to the reason commissioner will be made under this Act and for having 100 penalty units and not some not under the Public Service Act. In this other figure. There must be some reason why regard, I am advised that it is the same as the Government has chosen this figure as the every other piece of legislation in relation to maximum penalty. the appointment of statutory office holders. Ms BLIGH: It is not immediately clear how There is no other legislation, I understand, that one might determine a standard in such requires that statutory appointments be matters, but in this regard the maximum advertised. In this regard, this provision is the penalty has been chosen because it is same as every other statutory office holder, comparable with the penalty for a similar and what it does is provide the flexibility that offence under the Family Services Act. Given may be required to the Government of the day the number of decisions that the commissioner to decide to advertise should the might be investigating in relation to complaints circumstances allow it and, as is the case of about decisions made under that Act, it seems the appointment of the current commissioner, sensible for the penalty to be the same. where the circumstances are such that it is in the interests of the commission that the Clause 53, as read, agreed to. appointment be made without advertisement. Clauses 54 to 77, as read, agreed to. There is, again, no proposal from the member Clause 78— for Indooroopilly to change it. Mr BEANLAND (2.54 p.m.): I want to refer Clause 21, as read, agreed to. to the matter that was raised by the Law Clauses 22 to 33, as read, agreed to. Society. This matter could apply to a number of clauses. However, perhaps we could clarify it Clause 34— at this stage. It refers to the community visitor Mr BEANLAND (2.49 p.m.): This clause attending detention centres in order to protect relates to the time limit for making a complaint. the interests of children. The Law Society has 4388 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 said that, in its view, the Bill cannot achieve brought before an appropriate court, if that objective whilst it is open for the required. community visitor to be subpoenaed to give Clause 78, as read, agreed to. evidence about what the child has said. Children may be guarded in discussing Clauses 79 to 96, as read, agreed to. complaints if they know that the community Clause 97— visitor can be required to divulge the contents Mr BEANLAND (2.57 p.m.): I move the of that discussion. following amendment— As I say, this involves a few clauses. I "At page 53, line 3— presume the reason for it is that, obviously, the information will not be forthcoming and the omit." Children's Commissioner will not be able to act This amendment relates to the deletion of on it if the community visitor does not pass on the part that relates to unpaid employment of the information of activities at a particular the child. The purpose of this amendment— facility. If information is given to the community and there are a couple of others that relate to visitor by young people, the community visitor this—is to remove the notion of unpaid child is not going to fulfil that role if the information employment, or voluntary employment, from is not passed on. this section. Obviously, there may be some downside As I have indicated several times in in that some young people may not be relation to other clauses, a number of prepared to divulge information to the organisations are concerned about the community visitor. Perhaps the Minister could administration of this Act. It is not as if clarify this matter. I do not believe that there is community organisations, such as sports a major problem in regard to this issue but, as organisations, have an abundance of it has been raised, I would like some volunteers these days. Many of the volunteers clarification of the matter. are parents, and many are non-parents. Sometimes people become volunteers in the Ms BLIGH: I am not sure that the first instance as parents, and later on they member's concerns relate to the clause he drop out as parents when the children are no nominated, but I am happy to answer the longer involved but they continue their general question. The role of community visitor volunteer work. is one where the person in that position has to walk a very fine line. Obviously, he needs to be This is going to hit sporting groups very able to build up a relationship with young hard. A far better way of tackling it is to have a people, or children, who may be in a major education awareness program. We residential facility or in a detention centre, so should also ensure that all paid employees are that that young person feels that he can trust covered under this legislation. I believe this the community visitor and tell him things that clause will cause great difficulty, especially may be of concern to the child. This allows the when one sees who is covered under community visitor to gain a good and accurate "regulated employment" and "unpaid understanding of what life in the facility might employment". Some people come within the be like. ambit of unpaid employment and others do not. The expansion of the community visitor role is very much in response to the It is not a simple matter of laying down implementation of the Forde commission of straightforward guidelines. The situation can inquiry recommendations where the failure in vary quite widely amongst different the past to provide significant oversight and organisations. Parents move in and out, and monitoring of these services can be seen to non-parents move in and out. I believe that it have let down young people and children. As I will have a major effect on volunteers in these said, it is a fine line to walk between building a organisations. relationship of trust with young people, whilst A different situation applies to the Boy at the same time providing information that Scouts movement and the Girl Guides might cause concern about the operation of movement. There is more discipline within the facility and the safety of children and these organisations. Currently, both young people to the appropriate authorities organisations have checks carried out on all who can then take action against inappropriate leaders. The organisations are to be activity or inappropriate behaviour. Frankly, I commended for that approach. They are think it would make a nonsense of the disciplined and structured organisations. Large community visitor role if information that came numbers of children go away on camps for into their possession was not able to be weekends with their leaders on a fairly regular 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4389 basis. I know that some church groups adopt As I said, I think the member is the same practice; others do not. It is a matter completely confused. I am unable to support of encouraging people to go down this track. the amendment. I think it is important that this We are talking about future situations, not legislation does not go down to the level at the past. It is a case of educating people for which students in Years 10 and 11 who are the future. As I say, I do not believe that this is assisting with Year 8 soccer should go through the best way to tackle this issue. It is a vexed a complicated criminal screening mechanism. issued. I am sure everyone wants to ensure That is not the intention of the Bill and I am that we have maximum community input as far not sure that that is even what the member for as young people are concerned. At the same Indooroopilly is seeking to do. time, we must protect them. I believe that the Mr BEANLAND: I will not prolong the process of education awareness and teaching debate, but I will state briefly that this young people what is acceptable and what is amendment is necessary in order to follow with not acceptable, and when to report suspicious the other amendments the Opposition is situations, is the preferable way to go. This proposing. As I have indicated, it relates to the approach will be far less cumbersome for the unpaid employment situation, which needs to administrators of various organisations. For be covered in order to allow for the other that reason, the Opposition has moved this amendments. amendment. Ms BLIGH: I will just have to clarify this. It Ms BLIGH: I have to say that I think the may be the member's intention, but it is not in honourable member is very confused about fact the effect of his amendment. The current this amendment and its effect. The clause he provision exempts children completely. By is seeking to have omitted exempts children omitting the clause, children would be covered. from the operation of the screening regime. So I think that the member is completely Children have been specifically exempted from confused. We will debate the issue about it in an attempt to balance the onerous nature whether it should cover volunteers in relation to of the regime on organisations with the need the member's next amendment. to protect children. In doing so, the legislation Amendment negatived. seeks to target those areas of greatest risk. Clause 98, as read, agreed to. For example, it is not uncommon—in fact, it is a very common practice—for students in Clause 99— Years 11 and 12 to be coaching Year 8 soccer Mr BEANLAND (3.03 p.m.): I move the or netball. It is a very common practice for 15, following amendment— 16 and 17 year olds to be helping out at Girl "At page 53, line 11, after 'work'— Guides and Scouts. It is not the intention of this legislation to extend the screening insert— provisions to require the screening of 15, 16, 'for financial reward or other valuable and 17 year olds. In my view, that would make consideration'." this regime far too onerous with very little This amendment also relates to this issue benefit in terms of netting people, just simply of paid and unpaid employment. This in the sense that 13 and 14 year olds have amendment inserts the words "for financial hardly had an opportunity to establish a reward or other valuable consideration". It predatory pattern of behaviour or develop a makes it quite clear what the Opposition is series of convictions that might, in fact, net proposing to do. As I say, there is a series of them. these amendments. This one makes it The member seems to be confused perfectly clear. An employee has an about the effect of his amendment. He is agreement with an employer to carry out work seeking to remove the clause that exempts for financial reward and other valuable children from the operation of the screening consideration. regime. So on the one hand he is saying, "All I have covered already the points I of this will be far too hard for organisations. wanted to raise in relation to this amendment, There are too many obligations. It is far too except to say that I believe it is terribly hard for organisations to measure up." Yet on important that this amendment is passed. the other hand he is saying, "We should be However, I notice that the Government is not expanding the net." The member is saying on prepared to accept it. Without this the one hand that volunteers should be amendment, sporting groups and groups that exempted completely from this framework but are not as structured as some other groups in on the other that we should add children and the community will find that there will be a parents to those people who are covered. greater problem in gaining volunteers. Those 4390 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 groups are begging for volunteers to assist I stress for the benefit of the member for young people in a range of community youth Indooroopilly, other members of the Chamber activities. and those organisations who are concerned Ms BLIGH: I thank the honourable about the burden that this regime may place member for his explanation for seeking to on their activities that checking for volunteers bring this amendment forward because, will be free and that certificates of suitability will frankly, I find it extraordinary. I can assure the be portable across a range of activities. So member that there is no distinction in the eyes people do not have to keep having a check if of a child when they are being preyed upon or they move from one area to the other. Those assaulted in any way about whether the suitability certificates will be valid for two years. person doing it is paid or unpaid. For a child As I have said, I find it absolutely attending a sporting club, that the coach is extraordinary that the member for Indooroopilly paid or unpaid is absolutely irrelevant to their would come in here and seek to create a experience of paedophilia. loophole of the size and magnitude this amendment would create. This amendment The member is seeking to create what I would mean that anybody who volunteers, would regard as an extraordinary loophole in a whether that be for a Scout group, a church regime of criminal history checking that is group, a kindergarten or any other area—we designed, to the extent that it is possible, to know that there are thousands of people out cover the field. The member is seeking to put there involved in these activities—would a padlock at the front door and leave the back remain unscreened and unchecked and that door wide open. In my view, the member all of the children in their care would be left might as well put a sign on it saying, vulnerable. This amendment is something that "Paedophiles welcome". I absolutely cannot support. I would really Volunteers in many, many organisations caution the member for Indooroopilly against relating to children and young people exert supporting it himself. In fact, I urge him to significant authority. They are the people who withdraw it. I think it is a very dangerous step often lead and run youth groups. They are that he has taken. often figures of moral authority in the eyes of Mr BEANLAND: This legislation is not children. Because of the nature of retrospective. Nor is it retrospective in relation volunteering, they can also be very mobile. For to this section about volunteers. If the Minister those who are predatory, this mobility can was making the legislation retrospective, then make them even more dangerous. she might be picking up all of these groups she talks of. The legislation is not In the Sunday Mail in October 1997, retrospective. It does not go out there and pick when the member for Indooroopilly was up everyone within the community—far from it. outlining a similar regime that the coalition was I think the amendment needs to be looked at then considering for implementation in in that light. schools, he stated— Ms BLIGH: Again we have more policy "Paedophiles are clever and devious confusion from the member for Indooroopilly. people capable of doing anything or On the one hand it is too expensive, it is too assuming any role in a school in order to difficult and it is unmanageable, but on the make contact with children." other hand we should open it up to everybody On this point I agree with the member for who is currently employed, thereby adding to Indooroopilly. We have a situation now where the cost, the unmanageability and the Government employment in the areas of child- unworkability. I am sorry: it is absolutely related activity is essentially regulated in a way extraordinary. As I said, exempting those that will do whatever is possible to use the people who seek to volunteer is akin to putting criminal history checking process to eliminate a padlock on the front door while leaving the people who might be a danger. Non- back door wide open. I cannot support the Government employment in areas of child- amendment. related activity will be captured by this Question—That Mr Beanland's legislation. So employment in the non- amendment be agreed to—put; and the Government child-related area will be Committee divided— regulated. If the member for Indooroopilly had AYES, 36—Beanland, Black, Borbidge, Cooper, his way with this amendment, he would be Dalgleish, Davidson, Elliott, Feldman, Gamin, Grice, leaving unpaid employment with children Healy, Hobbs, Horan, Johnson, Knuth, Laming, unregulated. As a result, predatory Lester, Lingard, Littleproud, Malone, Mitchell, Paff, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, paedophiles would inevitably migrate to the Simpson, Slack, Springborg, Stephan, Veivers, volunteering sector. Watson. Tellers: Baumann, Hegarty 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4391

NOES, 44—Attwood, Barton, Beattie, Bligh, Ms BLIGH: I am sorry, but that is not what Braddy, Bredhauer, Briskey, J. Cunningham, this amendment sets out to do. This Edmond, Elder, Fenlon, Foley, Hamill, Hayward, amendment sets out to remove the discretion Hollis, Kaiser, Lavarch, Lucas, Mackenroth, McGrady, from the Children's Commissioner in making Mickel, Mulherin, Musgrove, Nelson, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Pitt, Pratt, Reeves, decisions on applications for criminal history Reynolds, Roberts, Robertson, Rose, Schwarten, screening. This is not the amendment that the Spence, Struthers, Turner, Welford, Wellington, member just spoke to. That is another Wells. Tellers: Sullivan, Purcell amendment, which we will come to soon. The amendment that he is current moving— Resolved in the negative. Mr Welford: Come on. The CHAIRMAN (Mr Fouras): Order! I welcome students, parents and teachers from Ms BLIGH: The member for Indooroopilly Year 7 at Our Lady's College, Longreach, to should pay attention. This requires a little the gallery. attention. The amendment moved by the member is one that would remove the Mr BEANLAND: I move the following discretion from the Children's Commissioner in amendment— making decisions on applications for criminal "At page 53, lines 14 to 16 and 18 to history screening in cases where the person 28— who is making the application has been convicted of an offence of a sexual nature omit." committed against a child or an offence This amendment relates to the matters involving an assault committed by the person we have just divided upon and debated, and I against a child when the person was an adult. will not pursue the issue further. Let me make it clear that the Bill provides Amendment negatived. that the commissioner should make a negative finding in cases where a person has been Clause 99, as read, agreed to. convicted of serious violent offences—and Clauses 100 and 101, as read, agreed to. they are those in the very extensive list in the Clause 102— Criminal Code—except in certain circumstances where a small discretion is Mr BEANLAND (3.16 p.m.): I move the allowed. She could implement that discretion following amendment— where it is clearly not against the interests of "At page 56, after line 20— the child. Some of the examples I have given of this in the past hold true for the provisions insert— that the member is seeking. This Bill is not '(4A) If the commissioner is aware of a about denying employers options to employ conviction of the person for an offence people who would be good at the job. It is mentioned in section 157A(1), the about putting gates around employment to commissioner must issue a negative protect children. It is not about punishing notice.'." people twice; it is about protecting children This is to cover the basis of a couple of from future abuse. amendments that I have in relation to this For example, if this amendment were situation, which we debated in this Parliament successful, it would mean that a person who once before. The Minister says that it is had a conviction of carnal knowledge with or of covered in the legislation. Frankly, it is not a child under 16, where the circumstances of covered in the legislation. The purpose of that conviction were that 15 years ago, when these amendments is to ensure that the they were 18 years old, they had had a sexual Parliament supports the need to prevent relationship with a girl who was 15 who had unsuitable persons gaining child-related subsequently become their wife and they have employment within the area and providing a children and there have never been any other maximum penalty of some five years' offences, would be automatically barred from imprisonment. It sets out the fact that we want any employment and the commissioner would to ensure that people are banned from making have no capacity to exercise any discretion. If an application in the first place and makes it a this amendment were successful, it would criminal offence where they do make mean, for example, that where a person, application. This is to ensure that there is a again, 10 or 15 years ago, when they were 19 clear message to paedophiles that they are years old, physically assaulted somebody who not to apply for these types of positions in the was 16 and therefore gained a conviction for first instance. That is what this amendment assault against a person who was a child at sets out to do. the time when the person convicted was an 4392 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000 adult, that person would be automatically This particular Bill does not pick up the barred. It is those sorts of circumstances in retrospectivity in terms of paid employment, which this discretion could be exercised. whether it is one year, two years or three In my view, this amendment adds nothing years. Many people could be employed in to the protections available under the Bill. I these areas for decades before they look for a think it is important that we recognise that the new job or otherwise come to the notice of circumstances surrounding some of these authorities. This is an attempt to make this offences may require the exercise of some process retrospective in terms of those professional judgment, and that is why we currently in paid child-related employment so have a Children's Commissioner appointed as that those people can be screened. I think that a very senior officer within the public sector. many community groups out there would be Again, I caution honourable members against quite pleased with this amendment, even accepting this amendment. To remove this though a number of them already do it, to discretion will see some clearly unjust ensure that this happens across-the-board. outcomes that do nothing to contribute to the This is an area in which there are possibilities protection of children. for people to be employed for quite some time without coming to the notice of authorities. Amendment negatived. Ms BLIGH: The amendment that has Clause 102, as read, agreed to. been moved by the member for Indooroopilly Clauses 103 to 126, as read, agreed to. would have the effect of requiring retrospective Clause 127— criminal history checking for all current employees, both paid and unpaid, in all areas Mr BEANLAND (3.21 p.m.): This of child-related employment covered by the amendment applies retrospectively to paid Bill. This is not something that the Government child-related employment while at the same can support for a number of reasons. time removing unpaid employment. This refers Firstly, the employment screening regime to those people who are currently within the that we are proposing reflects a careful system, those who have child-related balancing of the rights of children with the employment. The very important concern that rights of people who work in these areas of we have with this legislation is the fact that it employment. It is a new area of law. Like does not pick up over a period of time. It is not many new areas of law, it is not proposed that a process— it be retrospective. In my view, such a proposal The CHAIRMAN: Has the member moved would be administratively unworkable, with the amendment? hundreds of thousands of employees needing Mr BEANLAND: I move the following to be screened within the first 12 months of amendment— the regime. I can say, though, that it is something that did exercise my mind. There is At page 68, lines 21 to 26— a very, very high turnover in employees in the omit, insert— sorts of work that we are talking about. It is my '127.(1) This part applies to the view that, in the natural course of events, as employment of a person whether the people move from job to job the screening employment started before or after the requirements will, over a relatively short period, commencement day. pick up those people who should be screened. '(2) However, for 1 year after the Again, the thinking of the member for commencement day, section 1051 does Indooroopilly confuses me. On the one hand not apply to employment under an he is saying that community groups are finding agreement entered into before the it too onerous to check volunteers, but on the commencement day. other he is saying that they want it to be expanded to include all of their existing '(3) This section applies subject to section employees. On the one hand he is saying that 128. community groups are worried that they would '(4) In this section— have to check people who volunteer for them, "commencement day" means the day but on the other hand the effect of this is that division 3, subdivision 12 commences.'. they would have to check all current paid and 1 volunteer employees. That was the one single Section 105 (Continuing employment of thing that concerned the community certain regular employees) organisations the most, that they would have 2 Division 3 (Obligations and offences to go through all of their existing employees relating to suitability notices), subdivision and force them into that very expensive 1 (Regulated employment)." process. 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4393

I make it clear, though, that we were very ways the Minister was supporting the case. It is concerned that it may come to the attention of interesting that the Minister decides to include an employer that reasonable suspicion volunteers—she does not want to exclude surrounds an existing employee who was them—but she does not want to include already employed before this Bill was retrospectively the paid employees. proclaimed. There is a specific provision in the Ms BLIGH: I have a couple of things to Bill that allows an employer to check any say. Firstly, in relation to the comments made current employee. So it is not that they will be by the member for Caboolture about people prohibited from checking; it is just that they will moving around, it is precisely because of the not be mandated to do it. mobility in these sectors that people will be As I said in my summing-up, this smacks checked as soon as they move to a different of absolute hypocrisy. When the coalition job. I just want to make it absolutely clear that Government moved to amend the Education just because they are employed in one (Teacher Registration) Act to require criminal workplace before the proclamation of this Bill, history checking of teachers in 1997, they did that does not protect them from ever being not make that regime retrospective. In relation screened. The minute they move they will be to teachers, if it was good enough for existing checked. teachers to be exempted, then it is good enough in this area. I have to say that the credibility of the member for Indooroopilly and the member for This strikes a balance between something Caboolture and everybody else who just voted that is workable, affordable and reasonable. I with them to exempt volunteers from this Bill is am at a loss to understand the thinking of the in shreds. Fancy saying that if you are in paid member for Indooroopilly in that he would employment during the week you should be open up the sort of gap that his move to screened, but on the weekends you can be exempt volunteers would create but at the volunteering at scouts, you can go to the same time he says that anybody who is soccer club, you can go to church group on currently there needs to be checked. It is quite Sunday and it is open slather; you do not have extraordinary. to have any check at all, even though you are Mr FELDMAN: I support the member for there with children and maybe without any Indooroopilly in relation to this amendment. It other adult present. In those circumstances is for some of the very reasons that the people are more likely to be caring for children Minister spoke of that people move around without any other adult present than if they quite frequently in this type of employment in were teaching in a classroom or in paid relation to children. Because they are moving employment, as in the case, for example, of a around quite a bit, there is the chance that at Family Services officer position. this very moment there are people in this kind The members opposite absolutely open of employment who should be the subject of the door to paedophiles in every voluntary this type of check. Their criminal history needs capacity—in every church, youth, recreational to be checked because of what they are and sporting organisation right across the aspiring to do. I think that to exempt people State. They say that they want to open that who are currently employed from that check is door, but they want to make it retrospective to placing children at risk. If what we are about is people who have already proved themselves protecting children, then those people who are in their employment. It is absolutely employed currently do need to be checked. hypocritical. I have yet to hear one response We have heard that paedophiles are from the member for Indooroopilly about why actually moving into and have established he and his Government did not make similar themselves in a lot of these places. If they are moves retrospectively in relation to teachers not checked in their current employment, they when they had the chance in 1997—only three are going to be given a chance to move out. short years ago. Then we will not know whether we should have been looking at their current employment and Question—That Mr Beanland's what was going on there. I think these people amendment be agreed to—put; and the should be checked; all current employees Committee divided— should be checked. That would give each AYES, 36—Beanland, Black, Borbidge, Cooper, workplace a clean bill of health. I support the Dalgleish, Davidson, Elliott, Feldman, Gamin, Grice, member for Indooroopilly in relation to this Healy, Hobbs, Horan, Johnson, Knuth, Laming, amendment. Lester, Lingard, Littleproud, Malone, Mitchell, Paff, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Mr BEANLAND: Just briefly, I listened Simpson, Slack, Springborg, Stephan, Veivers, intently to the Minister's argument, but in many Watson. Tellers: Baumann, Hegarty 4394 Children Services Tribunal Bill; Commission for Children and Young People Bill 14 Nov 2000

NOES, 44—Attwood, Barton, Beattie, Bligh, Insertion of new clause— Braddy, Bredhauer, Briskey, Clark, J. Cunningham, Edmond, Fenlon, Foley, Hamill, Hayward, Hollis, Mr BEANLAND (3.39 p.m.): I move the Kaiser, Lavarch, Lucas, Mackenroth, McGrady, following amendment— Mickel, Mulherin, Musgrove, Nelson, Nelson-Carr, "At page 85, after line 2— Nuttall, Palaszczuk, Pearce, Pitt, Pratt, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, insert— Spence, Struthers, Turner, Wellington, Wells, 'Division 4A—Restriction on employment Wilson. Tellers: Sullivan, Purcell of certain convicted persons Resolved in the negative. 'Certain convicted persons not to seek employment, or be employed, with Clause 127, as read, agreed to. children Clauses 128 to 144, as read, agreed to. '157A.(1) This section applies to a person Clause 145— with a conviction for— Ms BLIGH (3.37 p.m.): I move the (a) an offence of a sexual nature following amendment— committed against a child; or "At page 79, line 14— (b) an offence involving an assault committed by the person, against a omit." child, when the person was an adult. The effect of this amendment is to delete '(2) The person must not apply for, or start clause 145(4)(c). This allows the commissioner or continue in, employment if— to make a regulation that extends the list of (a) the usual functions of the matters that can be conclusive evidence of a employment include, or are likely to matter, that is, it is a Henry VIII clause. After include, providing services that are concern was raised by the Scrutiny of directed mainly towards children or Legislation Committee, it is my view that the conducting activities that mainly power as proposed is unnecessary and should involve children; and therefore be removed. (b) in carrying out the usual functions of Amendment agreed to. the employment, the person is Clause 145, as amended, agreed to. likely— Clause 146— (i) to have physical contact with a child; or Mr BEANLAND (3.37 p.m.): I move the (ii) to be physically present with a child following amendment— while no-one else is present; or "At page 79, line 19, 'section 1563'— (iii) to communicate with a child while not omit, insert— physically present with the child. 'section 156 or 157A4'. Maximum penalty—5 years imprisonment. '(3) This section applies to a person 3 Section 156 (Offence of taking a reprisal) despite anything in the Criminal Law 4 Section 156 (Offence of taking a reprisal) (Rehabilitation of Offenders) Act 1986. or 157A (Certain convicted persons not to '(4) In this section— seek employment, or be employed, with children)." "employment" includes unpaid employment.'." This amendment relates to the next clause. It sets out to achieve an issue debated This amendment adds a new clause in this place before, that is, ensuring that relating to certain convicted persons not people who have certain convictions do not seeking employment or being employed in seek employment with children or be work relating to children. It sets out in detail the employed in professions dealing with children. situation in relation to people who have I will not take up the time of the Chamber in previously been convicted of offences of a relation to this now because it comes up in sexual nature. At the same time, it puts in more detail in the next clause, but it does place a maximum penalty of five years' relate to this clause. imprisonment if they seek to obtain employment in child-related areas. This Amendment negatived. amendment comes from the motion debated Clause 146, as read, agreed to. in the Parliament some time ago. I heard the Minister say previously that the legislation Clauses 147 to 157, as read, agreed to. already incorporates the intent of this 14 Nov 2000 Children Services Tribunal Bill; Commission for Children and Young People Bill 4395 amendment. Frankly, it does not incorporate actually much more extensive than that being the proposal put forward at the time. This is proposed by the member for Indooroopilly; it proactive in that it endeavours to ensure that may not even be a conviction, for these people do not apply for employment in example—and, for reasons as outlined in the child-related fields whereas the legislation is Bill, is issued with an unsuitability certificate by reactive. the Children's Commissioner and has Ms BLIGH: This amendment would make explained to them that they are unsuitable to it an offence for somebody who has a apply for or to hold positions in a range of conviction for a certain category of offences to categories of employment as outlined in the apply for, to start or to continue in Bill, if they then subsequently apply for employment, including voluntary employment, employment in any of those categories which involves services directed at children. knowing that they are unsuitable for those The amendment is not supported because, in categories of employment, that should indeed my view, the regime being put forward by the be an offence. It is made an offence under Bill is one that is much more effective and this Bill, and there are provisions for significant goes to the heart of the problem. penalties in relation to it—a maximum of five years' imprisonment or 500 penalty units. I just clarify that the motion put forward by Mr Springborg last year stated— So it is my contention that both I and the Government gave serious consideration to the "That the Parliament supports the matter that was requested of us by the need to prevent unsuitable persons Parliament last year. We have in fact taken the gaining child-related employment and matter on board, and we have put in place a refers to the Minister for Families, Youth regime that does make it a criminal offence in and Community Care, in the context of reasonable circumstances. I commend the the development of the Children's proposal as outlined in the Bill to the Commission legislation, the proposal of Committee and cannot support the proposed making it a criminal offence ... " amendment. The motion called on the Parliament to Question—That Mr Beanland's refer the matter to me and, by implication, amendment be agreed to—put; and the required me to give that matter due Committee divided— consideration. I can assure the Parliament that AYES, 36—Beanland, Black, Borbidge, Cooper, I did give that matter serious consideration, but Dalgleish, Davidson, Elliott, Feldman, Gamin, Grice, I was concerned by a number of questions. At Healy, Hobbs, Horan, Johnson, Knuth, Laming, what point can a person be said to apply for a Lester, Lingard, Littleproud, Malone, Mitchell, Paff, particular position? How would this be Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, enforceable? Given that the criminal screening Simpson, Slack, Springborg, Stephan, Veivers, process only applies to those people who are Watson. Tellers: Baumann, Hegarty being put forward as the preferred candidate, NOES, 44—Attwood, Barton, Beattie, Bligh, how would the commissioner ever find out Braddy, Bredhauer, Briskey, Clark, J. Cunningham, about unsuccessful candidates? It may be that Edmond, Fenlon, Foley, Hamill, Hayward, Hollis, someone has consistently applied and Kaiser, Lavarch, Lucas, Mackenroth, McGrady, therefore broken this law, but it is completely Mickel, Mulherin, Musgrove, Nelson, Nelson-Carr, unenforceable. Nuttall, Palaszczuk, Pearce, Pitt, Pratt, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, The issue that I think troubled me the Spence, Struthers, Turner, Wellington, Wells, most, though, was that in the case of a person Wilson. Tellers: Sullivan, Purcell who has those convictions, it may not always be obvious that the job for which they are Resolved in the negative. applying is a job that is covered by the Clauses 158 to 175, as read, agreed to. categories outlined in this Bill. It may be that Schedules 1 to 3, as read, agreed to. the person applies for a job advertised as being for a bus driver and, on subsequent Schedule 4— examination, it is a job that will involve driving Ms BLIGH (3.50 p.m.): I move the children in the categories that are outlined in following amendments— the areas of regulated employment. "At page 102, line 22, after It seems that we are unified in our desire 'children'— to keep people who are unsuitable for these insert— positions out of them, and the proposal that is being put forward in this Bill is that, should 'but does not include— somebody apply for a job and be found (a) the care of children by an approved unsuitable in the terms of this Bill—so it is foster carer under the Child 4396 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000

Protection Act 1999 acting in that WORKCOVER QUEENSLAND AND OTHER capacity; or ACTS AMENDMENT BILL (b) the provision of accommodation to Second Reading children under residential tenancy Resumed from 17 October (see p. 3685). agreements under the Residential Mrs SHELDON (Caloundra—LP) Tenancies Act 1994.'. (3.55 p.m.): The Opposition will support the Bill At page 106, after line 9— for an Act to amend the WorkCover Queensland Act 1996, the Building and insert— Construction (Portable Long Service Leave) '(d) under a licence under the Child Act 1991 and the Industrial Relations Act Protection Act 1999; or 1999. (e) to children who are, under the Child The coalition has a strong commitment to Protection Act 1999, in the custody protecting the rights of workers. That is why it or guardianship of the chief executive welcomes the part of this Bill which calls for a of the department in which that Act is compulsory payment for injured workers for the administered, if the place is whole of the first day of injury. I understand prescribed under a regulation made some Queensland workers are covered by for this paragraph.'." Federal industrial relations instruments that do not contain this entitlement, so we support the The intent of the first amendment is to notion that all workers here in Queensland limit the meaning of "child accommodation should be fairly and equally treated. service" contained in Schedule 4. This The coalition also has no problem with the definition is relevant to the definition of idea that WorkCover Queensland pay "residential facility", which is used to describe ambulance transport costs to the Queensland one of the categories of facilities that will be Ambulance Service when incurred as part of all able to be visited by community visitors under claims. In workers compensation situations I clause 64 of the Bill. This amendment will do, however, ask the Minister to ensure that clarify that care provided by an approved foster when money is paid out any money that is carer or accommodation provided to a young returned via certain medical avenues be used person under a private tenancy agreement will to help pay part of the claim. Are the not be caught by the term "child Queensland Ambulance Service contributions accommodation service". to be treated any differently to other liabilities The second amendment will extend the that may be incurred along the way? I just ask definition of "residential facility" contained in for clarification of that. Schedule 4. This definition currently refers to I certainly support the appointment of facilities provided or funded by Government, more doctors to the Medical Assessment either at Commonwealth or State level. This Tribunal so that injured workers will be able to amendment will allow community visitors to have their matters heard more quickly. There visit facilities that are licensed under the Child has been a backlog in this regard over a fairly Protection Act 1999 even if they are not considerable period and I think it is very funded. The amendment will also allow important that doctors appointed to these community visitors to visit other facilities that assessment tribunals are available when called are used by the department for upon, otherwise the whole process gets held accommodation for children and young people up. in care. It is intended that these facilities will be listed in a regulation. While we are talking about WorkCover claims being heard more quickly, I do again Amendments agreed to. raise the issue of the undue haste being Schedule 4, as amended, agreed to. shown by WorkCover to approve all claims. As I pointed out in the House recently, this Children Services Tribunal Bill reported, Government certainly appears to have gone without amendment. soft on compo cheats. There has been a 60% Commission for Children and Young reduction in the number of people prosecuted People Bill reported, with amendments. for workers compensation fraud in Queensland in the past 12 months. In 1997-98 WorkCover successfully prosecuted 88 Queensland Third Reading workers for fraud and 91 in 1998-99, but this plummeted to just 36 successful prosecutions Bills, on motion of Ms Bligh, by leave, in 1999-2000. No-one wants to hold up claims read a third time. for genuine cases, but I think that the 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4397 employers who must contribute to this scheme the inquiry recommended that the existing because they have no choice are owed some Workers Compensation Board of Queensland level of vigilance. Paying every claim with no become a statutory body to ensure that the questions asked is irresponsible and provision of workers compensation services be unprofessional and certainly is not, and should separated from direct Government functions. not, be the aim as set out under the terms of Accordingly, the coalition Government various pieces of legislation. established the statutory body known as The issue of portable long service leave WorkCover Queensland on 1 February 1997. has also been dealt with in this Bill and we The success of the coalition's initiative to support the amendments which give clearer address the gross mismanagement and debt definitions of the "building and construction left by the Goss Labor Government can be industry" and "eligible worker", which will judged by the fact that by 30 June 1998 alleviate restrictive limitations and clarify the WorkCover had turned a deficit of $312m into intent of the legislation. a surplus of $43m and the fund has continued We also welcome the idea that safety to go from strength to strength as a result of officers and forepersons in the building and the coalition's reforms. construction industry, who previously were The coalition had to put $35m from excluded from this scheme, will now be eligible consolidated revenue into that scheme every to register. I certainly also support the idea that year for three years, otherwise the target would apprentices and trainees indentured by State never have been met. Certain other reforms or local governments will be able to have that were put in place. That $35m per year for period counted toward their service record if three years could well have been spent on they move into private sector employment on health services, education services and welfare the completion of their indenture. services which were and still are needed in this I understand that the current legislation State. However, the Government could not, in allows for a pro rata leave payment of 8.67 all conscience, allow the scheme to go weeks' leave after 10 years of service and the unfunded, because workers would not be amendments will allow the worker to take an protected. Hence, the coalition Government equivalent cash payment after 10 years. The had to take very difficult steps. Opposition has no problems with that. As Treasurer, I can distinctly remember I also note that mention is made of the having to allow that amount of money to go levy that was normally paid at the time of across into the scheme to help pay off the lodgment of permit and not when the permit debt. Queenslanders need to be reminded of has been approved. That has caused that, because this Government is very good at considerable hardship for people, so I support trumpeting all the things that it says it is doing the change to that in this Bill. without giving any credit to the previous Government. The coalition Government had to However, there is one comment in the take the hard decisions. Minister's second-reading speech that I do have a real problem with. He said— There seems to be a situation around the nation—not only in Queensland—whereby "This Bill includes amendments that when coalition Governments take office they continue the well-planned and structured have to clean up the economic mess left by process to reform Queensland's workers their Labor predecessors. This has happened compensation system." in every State in Australia and it has certainly In fact, the Labor Government can take happened federally. The coalition gets the no credit for the strong financial state economy running, then Labor gets back in and WorkCover is in today because, from a funding the whole system starts to break down again. I point of view, WorkCover is in an excellent certainly hope that does not happen in this position due entirely to the coalition's reforms great State, particularly with respect to the when it was in office. I think we really need to Workers Compensation Fund. look back and recap on a little of the history in The other main reason for the good this regard. position of the fund has been the excellent At 30 June 1996 the Workers investment returns over the past few years Compensation Fund was in a deficit position of through the Queensland Investment $312m as a result of gross mismanagement Corporation—approximately 11.7% this year, by the Goss Labor Government. On winning which exceeded the expected long-term rate Government, we set up the Kennedy inquiry of 7%. It is common knowledge that such into workers compensation and related matters returns will not continue. Any economic in Queensland. In July 1996 the report from forecasts that are made on the basis of such a 4398 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 return need to be considerably downgraded, again. That would necessitate our going and reserves need to be looked at in this through this process once more. regard because that very good situation will WorkCover has, therefore, been able to not—and the QIC has said this itself—be decrease the amount for net claims incurred maintained in the future. from $435m in 1998-99 to $377m in 1999- Unpalatable reforms had to be put in 2000. This is primarily due to a decrease in the place. One of the things that had to be looked provisioning for outstanding claims liability. The at in great detail was common law claims. The reduction in provision reflects a decrease in the coalition Government faced a lot of resistance number of common law claims received by from lawyers who derived a great deal of their WorkCover as a result of coalition reforms. workload from workers compensation claims. However, the Labor Government has That was one of the main reasons the funds given a clear indication that this legislation will fell into disarray so dramatically. However, the be reviewed. I think the Government needs to coalition put in place an equitable system. As very clearly spell out the details of any a result, the Government was not losing relaxation of controls on common law claims. money in order that certain lawyers could Honourable members should make no become wealthy. It almost meant that claims mistake: Labor intends to help out its union had to be real—they had to be genuine— mates and the plaintiff lawyers by lifting these before they were followed through. The controls on common law claims. taxpayers of Queensland would expect nothing less. We have seen the repercussions of the Beattie Government's interference with the The Beattie Labor Government certainly changes to the meaning of "injury" in the cannot take any credit for the strong WorkCover Act with respect to statutory claims. performance of the State's workers This interference has caused a blow-out of compensation scheme since its election in $19m in statutory claim costs, despite a June 1998, particularly when one considers reduction of over 2,400 in the actual number that when in Opposition Labor members were of claims received by WorkCover. I am sure totally opposed to all of the reforms in the members would naturally think that this legislation brought before Parliament, including Government would have learned from its the setting-up of WorkCover. previous mismanagement of the scheme, as One of the main areas of the coalition's well as the current mismanagement by the reforms was in regard to common law Labor Government in Victoria, where there has damages claims, which had been totally out of been a massive increase in premiums due to control under the previous Labor Government. the reintroduction of very expensive common Up until the present time, the Minister has not law claims. attempted to interfere with the controls put on Recently the Minister tried to peddle the common law claims by the coalition following line that stress claims were the main cause of the recommendations of the Kennedy inquiry. the $19m increase in statutory claim costs over However, if one speaks to the legal the previous year. Grace Grace, the new community, members of which have secretary of the Queensland Council of Trade increasingly been asking to see me, it is Unions, tried to lay all the blame at the feet of obvious that it was told that these reforms employers by saying that the stress blow-out would be rolled back. The legal community is was due to longer work hours and tougher job somewhat concerned that this has not expectations. However, the facts are these. happened, but it was told that it would happen Although the number of stress claims if the current Government has another term in increased from 1,497 to 1,718—an increase of office. 221—the total number of all claims for all types Employers and, indeed, all people of of injuries received in 1999-2000 decreased. Queensland need to know exactly what the The total number of claims went from 72,031 Government has in mind. If Labor intends to 69,620—a decrease of 2,411. This certainly rolling back these common law claims, it is vital indicates that WorkCover's management of that that is detailed in this House. Today would statutory claims is out of control. WorkCover's be a very good time for the Minister to do annual report states— that—when he is replying in this debate. He "Statutory claim payments to 30 can tell us what the Government intends to do June 2000 have increased by $19 million either in this term or if Labor is re-elected at to $185.8 million. The main contributors to the next election, which seems to be the increase are $15 million in weekly increasingly unlikely. It would be terrible if the compensation payments and $4 million in scheme was allowed to go back into the red medical payments. We have identified 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4399

that stress claims account for $5.6 million rushing headlong back into the black hole that of this increase." we inherited from the Goss Labor There is no mention in the annual report Government. of the balance of the increase in statutory I am also informed that there is a balance claim costs of $13.4m. The increase in both of moneys that are being held in reserve to the number and the cost of stress claims is enable premiums to be looked at and directly attributable to the Beattie adjusted, if necessary. I say to the Minister Government's changes to the meaning of that, if this balance builds up significantly—and "injury" in the WorkCover Act from 1 July 1999. I have nothing against having a reserve The changes are also the main cause of amount of money—then I have a concern that the balance of the increase in claim costs. The it will be raided like Labor has raided every Kennedy inquiry identified that, in respect to other hollow log. The last one that Labor has the meaning of "injury" in the former raided has been the QRAA scheme. As a legislation, determining just what a "significant former Treasurer, I think that it is an absolute contributing factor" means had been difficult disgrace that this current Treasurer has for the WorkCover claim staff. It was difficult allowed QRAA, firstly, to go under the because the courts had applied a lenient term jurisdiction of Primary Industries; and, to the definition. To get around this definition, secondly, for that $57m to have been raided the courts had determined that because the and put in the general consolidation fund to be definition states "a significant contributing spent who knows where. As we know, rural factor" rather than "the significant contributing industries face disasters such as flood and factor" employment has to be only one of the famine. When that occurs, money has to be factors causing the injury for it to be fully spent. Governments can relax the laws so that compensated under WorkCover. The meaning farmers in need can apply, get long-term loans of "injury" was, therefore, changed with the at low interest rates and their particular introduction of the WorkCover Queensland Act concerns can be taken into consideration. to the requirement that employment had to be However, when there is no money to do the major significant factor. This change was that—and the reserve is now only $2m—then designed to exclude those injuries that had those factors cannot be taken into only a minimal work-related component. In consideration. QRAA was set up so that other words, we legislated to stop the kind of money could be kept there should the need rorts where people tried to make employers arise. I can tell members that, when I was pay for injuries that had nothing to do with Treasurer, the need arose. I remember going work. out to Winton, which was experiencing a Just as an interesting aside, I am told that terrible drought, and taking QRAA with me. We one current sitting member of Parliament once saw various people there who, if the funds at openly boasted about how he conned the that time were at the level they are at now, workers compensation scheme. Apparently, would not have been able to benefit. However, this current sitting Labor MP sustained a knee we were able to say, "We have this reserve of injury playing football but he hid the injury until money. These people should be considered in returning to work on Monday at which time he a compassionate manner. Let us help them." had a "work accident" and then claimed workers compensation. If there is going to be any reserve of money—and if WorkCover is going to have a The Beattie Labor Government changed reserve—that is fine. However, I ask the the meaning of "injury" back to the Minister to make sure that those funds are requirement that employment had to be only kept in trust for the purpose for which they are "a significant contributing factor" and there is a kept and not allow Treasury—because it has a big difference between "a significant weak Minister—to raid it after it has been built contributing factor" and "the significant up and put this money into consolidated contributing factor". The Government also revenue. As a previous Treasurer, I am aware removed from the meaning of "injury" other that there is always a need for money, that conditions that were required to be met before there is never enough money, but that does certain stress claims could be accepted. not mean to say that funds that have been set Therefore, WorkCover is again receiving and aside for express purposes should be raided accepting for payment claims for injuries from and dropped into consolidated revenue to 1 July 1999 that have only a minimal work- disappear into the deficit, which is what we saw related component. This applies to all types of occur in the last Budget. injuries, not just for stress. So it is little wonder that claims are up $19m. With the pay every Recently, on a number of occasions it has claim as fast as possible mentality, we are been raised in this House that a State coalition 4400 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000

Government would hand over the workings of and barrel our industrial laws to the Federal the Industrial Relations Commission and, Government. So no matter how many times indeed, industrial relations as a whole, to the the member for Caloundra or the member for Federal Government. I can assure this House Clayfield deny the issue, we will continue to that if I am the Minister that will not happen. I raise it, because it was a legitimate response would like that matter to be put to rest right to what was very clearly the intent of the now. So the scare tactics being run by certain statements by the member for Clayfield when members of the Labor Party can stop. I he spoke to that Bill. believe that we as a State should look after Mrs SHELDON: I rise to a point of order. our own industrial relations system. We should If the member is indicating that Labor will make sure that it is working properly. continue to lie and will bring these lies out at It may well be that certain provisions any subsequent election, then be that on the within the Federal laws would work well record. here—and worked well here until Labor wound Madam DEPUTY SPEAKER (Ms Nelson- them back—but that in no way means that we Carr): Order! That is not a point of order. as a State will hand over the running of our industrial relations to the Federal Government. Mrs SHELDON: I rise to a point of order. I So members opposite should just take that on find the member's comments offensive and board and try to tell the truth. I do not mind inaccurate and I ask for them to be withdrawn. saying it, because it is my policy, and it will be Madam DEPUTY SPEAKER: Do you in the coalition's policy before the next State withdraw? election. Members opposite should note it well Mr ROBERTS: There was nothing related now so that when they lie out there on the to her personally— hustings, I can say, "Just read Hansard, page X, date Y." Mrs SHELDON: Unconditionally withdrawn. In conclusion, I would like to repeat certain points. The Labor Government can Mr ROBERTS: But I will withdraw them take no credit for the well-planned and just to move on. structured process to reform the Queensland Madam DEPUTY SPEAKER: The workers compensation scheme. There is no member has withdrawn. doubt that those foundations were put in place Mr ROBERTS: As I have said, no person under the coalition Government and the then who has been following the debate could Minister, the honourable member for Clayfield. interpret those words any other way. I think By taking the controls off common law claims that the workers of Queensland should read and by making the definition of "injury" too the speech made by the member for Clayfield loose, those foundations will crumble and, in that debate, because it is very clear what once again, workers compensation in this the intention of the coalition is, and that is to State will be in a financial mess. hand to the Federal Government the The coalition is committed to an effective responsibility for our industrial relations laws. WorkCover scheme that gives full protection to I turn to some of the benefits of this Bill all employees, but it is also committed to a and also some of the benefits bestowed upon WorkCover scheme that is not open to abuse. workers, and indeed employers, through Mr ROBERTS (Nudgee—ALP) amendments that we put in place last year. (4.17 p.m.): I wish to make just a brief The first issue is the payment for the first day contribution to the WorkCover Queensland of an injury, which this Bill addresses. In some and Other Acts Amendment Bill. The shadow awards, some employers have been Minister for Industrial Relations raised the issue interpreting provisions to deny workers access of handing over the State's industrial relations to the first full day of payment when they have system to the Federal Government. It is gone on workers compensation. This Bill interesting to note that, last year in the debate rectifies that anomaly and difficulty on the Industrial Relations Bill the member for experienced by many workers and reinstates Clayfield, the then shadow Minister, made a very clearly the right of such workers to be paid very clear commitment that, if returned to from the period when the injury occurred until Government, he would fix the industrial the time the worker would have normally relations system once and for all. I do not think ceased work on the day the injury occurred. that anyone who has been listening to the Additionally, in relation to seafarers on debate on industrial relations in this country Queensland ships, coverage is extended if the would interpret that any way other than ship does not fall under the jurisdiction of or is meaning that they would hand over lock, stock exempted from the Commonwealth seafarers 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4401 workers compensation coverage. Workers' There have been a number of travelling expenses in relation to assessment improvements to its performance, and for industrial deafness will now be particularly its investment returns. I do not say compensable in the same way as other work- that investment is the core business of related injuries, if the worker is referred to a WorkCover, but investment returns on public medical examination or a medical assessment moneys have been quite significant and have tribunal by either the self-insurer or WorkCover. improved this year, thanks largely to the In relation to ambulance transport costs, excellent investment advice and services of WorkCover will now pay those costs to the the Queensland Investment Corporation. Queensland Ambulance Service, where Mr Barton: A fine organisation. incurred, as a part of claims for subscribers as Mr ROBERTS: It is a fine organisation. well as non-subscribers. In addition, the Bill Some months ago I had the opportunity to be improves the operation of medical assessment briefed on its operation. Not just for Workcover tribunals. Due to the unavailability of particular but also for a whole range of Government specialists, there has been a problem in the agencies and departments it provides an past of constituting in particular the general excellent investment service and return. Medical Assessment Tribunal. For example, The other significant reform in terms of the waiting time to see a tribunal in relation to the professional management of WorkCover a psychiatric condition is currently an was the separation of the regulatory functions unacceptable 13 weeks. The Bill proposes that into different offices to improve the confidence a minimum number of doctors be appointed to that both employers and employees have in the tribunal, rather than specifying the number the way WorkCover is managed. Along with and types of specialists required. This will the other issues I have mentioned, that has provide greater flexibility in addressing the contributed greatly to the improved changing composition of worker injury types. performance of WorkCover. The amendments will allow for an increase in the number of tribunals that may be I wish to remind members of some of the constituted, and this should lead to a reduction significant changes that we have made to the in waiting times for workers to have their scheme. Not only have we enabled it to get matters heard by the general Medical back on its feet financially and put it in a very Assessment Tribunal. sound financial position which, as is pointed out by the chairman of the board, will enable it I wish to touch upon some of the to start examining ways in which it can improve significant improvements that have been benefits to workers; some of the additional made to WorkCover over the past year or so changes we made soon after coming to and reflect upon a couple of things—firstly, the Government have given significant benefits to significantly improved benefits and, secondly, workers. We have expanded the definition of the significant improvement in the professional "worker" and "injury". That has come under management of WorkCover. I cite some some criticism today, but that has significantly comments in the annual report, in particular improved the fairness of the scheme, those of the chairman, Ian Brusasco, and the particularly since the previous definitions put in CEO, Tony Hawkins. It is pointed out that this place by the coalition Government restricted year Queensland continues to have the lowest unnecessarily genuine access to workers workers compensation average premium rate compensation by a number of workers. We in Australia, being reduced to 1.75% this year have improved and made fairer access to from 1.85% last year. stress claims. Contrary to the claims of There have been some other significant members opposite, they have not been a benefits for both workers and employers from major problem in the system. In fact, workers the professional management of the scheme. who genuinely deserve compensation under I note that when the original changes were those circumstances are receiving it. Also, I made by Labor last year there was a hue and remind members that we improved the journey cry from the Opposition about the terrible claim provisions, which were significantly financial position that WorkCover was in and restricted in a very unfair way by the coalition. how it was going to get worse. As the Minister We have put in place a number of very has outlined on a number of occasions and as important changes since coming to the annual report shows, WorkCover has now Government. achieved its financial goal of full funding. I In conclusion, I make the point that the think that is attributable to the professional WorkCover legislation is currently in the final management of the scheme over the past stages of the review under the National couple of years. Competition Policy reforms. No doubt 4402 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 recommendations will be considered by the disadvantaged by the IR legislation. There Minister and Cabinet in the very near future. were very few complaints about WorkCover. The point I make about that is that the Mr Purcell interjected. changes that were negotiated nationally to National Competition Policy, led by the Madam DEPUTY SPEAKER (Ms Nelson- Queensland Government, will greatly enhance Carr): Order! That is totally unparliamentary our ability to do the fair and reasonable thing and I ask that you not repeat that. in terms of recommendations concerning Mr SANTORO: I can almost excuse the WorkCover. The changes to National honourable member for Bulimba because I Competition Policy enable State Governments know that, unlike many of his colleagues on to take greater control of what is in the public the other side of the House, he is actually interest, and I believe those changes will sincere about the welfare of workers. I actually enable us to ensure that whatever respect him for that, even though I admit he recommendations come out of the National does get carried away, as he has today. With Competition Policy review will be in the best the greatest of respect, he is wrong. That is all interests of workers. I commend the Bill to the I can say. It is just something that we will have House. to learn to disagree on. Mr SANTORO (Clayfield—LP) (4.26 p.m.): Let it be on the record that it was this I wish to support the very sensible comments coalition Government that well and truly put that have been made by the shadow Minister, WorkCover on the way to recovery—not the member for Caloundra, which obviously members opposite, but this coalition the honourable member for Nudgee and Government. I will tell honourable members undoubtedly other members opposite who will who the major stakeholders are. They are the follow him have great difficulty understanding. I employers who pay the premiums and the never cease to be amazed by just how previous coalition Government who, through miserable members opposite are when it consolidated revenue, contributed $35m over comes to giving credit where credit is due. three years. They are the two major What we have already heard in the one stakeholders, along with the workers. But it contribution from members opposite is that was those two major stakeholders who funded they reformed the WorkCover system, and that the recovery of the WorkCover scheme. they have put it in the magnificent state it is in The Minister, the honourable member for now. That is what we heard from the member Nudgee and others opposite keep on saying for Nudgee, and undoubtedly it will be stated that the workers compensation scheme is in a again by members opposite who will follow sound financial state. What the Minister and him. But what they conveniently forget is that others have failed to stress is that this sound the workers compensation system of financial state has been achieved as a result Queensland, as it was known when the of the reforms which the previous coalition coalition took over, was practically bankrupt. Government made to the workers Jim Kennedy—not known precisely for his compensation scheme. Of course, what they strong conservative leanings—following a also fail to mention is that the revenue review commissioned by the coalition, increase was achieved because of what I will concluded that conservatively the scheme was label today as the great F factor fiddle. This $312m in the red. That is what we inherited has seen Queensland employers slugged with and that is what we had to fix. The annual excessive premium levels in order to pay for report of June 1998, when we left office, the anticipated costs of the Beattie Labor shows that the $312m deficit had already Government's so-called reforms. been turned into a $43m surplus. That was the In fact, the Minister for Employment, coalition's legacy. It is politically, intellectually Training and Industrial Relations in several and administratively dishonest for members ministerial statements attempted to blame the opposite not to recognise that. previous coalition Government and me as the Mr Purcell interjected. then responsible Minister for the huge increase in workers compensation premiums which Mr SANTORO: I simply say to the have been inflicted on small businesses. I honourable member for Bulimba and the rejected this attempt by the Minister to shift the honourable member for Nudgee that during blame for his workers compensation premium the entire operation of the coalition's industrial increases onto the Opposition and me. I again relations legislation and the coalition's state for the record that the increases were WorkCover Act there were very few complaints, experienced when WorkCover commenced its particularly in terms of the IR Act, brought into 1999 premium assessment program and were this place about workers who had been the result of changes of what is referred to as 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4403 the F factors, a component of the premium just announced the reform of common law in setting formula. the first period of the second Labor One of these coalition Government Government is evidence of its concern in reforms was the introduction of experience relation to potential cost blow-outs as a result based rating and premium settings. It was of further changes to common law provisions designed to encourage and reward good with the workers compensation legislation. If employer risk management practices. This Labor achieves another term in Government, means that the higher the risk of injury to the those changes and common law provisions will firm, the more this risk is reflected within the add even more to the cost of the scheme and formula which determines the setting of will prompt yet another massive increase in the premiums for firms. What the F factors within F factors and further successive increases in the previous setting equation sought to do and premiums for small business. seek to do is to estimate and anticipate the Getting back to the F factors, the financial exposure of the workers Government attempted to blame the previous compensation scheme from outstanding coalition Government for the massive common law and statutory claims. The higher increases in workers compensation premiums the F factors, the higher the premium which is which it inflicted on small business. The fact calculated and charged to businesses, simply is that the F factors were changed by particularly small business. the Beattie Labor Government with a view to In 1999 the Beattie Labor Government increasing revenue flow into the fund. The scrapped the coalition's workers compensation Government did so with a view to countering reforms and, as the honourable member for the massive increases in cost which the Caloundra stated, introduced reforms which scheme is beginning to experience as a result added greatly to the cost of running the of the Beattie Labor Government's dismantling scheme, including reverting back to the Goss of the coalition's reforms to the workers Government's definition of "injury", compensation scheme. In other words, the substantially reverting back to the Goss major stakeholders within the workers Government's definition of "worker", also compensation system of Queensland— dismantling the anti-fraud squad within the employers—were being asked to foot the bill WorkCover organisation and the unionisation for the extra costs which have been forced of the previous commercial WorkCover board. onto the workers compensation scheme by the The Beattie Labor Government realised that, Beattie Labor Government. This again because of these reforms—its reforms—and demonstrates the anti-employer bias within the many other reforms, the scheme was heading Beattie Labor Government. for the same financially debilitating situation This increase in premium has discouraged which it experienced under the Goss Labor the achievement of the magical, mystical 5% Government. That is what it has done; it has unemployment target that the Premier and brought WorkCover back to what it was. This is members opposite mouth so often. It was only the point that we on this side have been after the employer organisations and the making. Opposition in this place mounted a campaign In order to increase revenue going into to adjust the F factors that the F factors were the fund in the hope that increased revenue adjusted and some businesses did get some will offset the increased costs which the Beattie relief, but many businesses are still being Government has imposed on the scheme, the slugged the enormous premiums which are Beattie Government fiddled with the F factors. funding the extra cost burdens on the In other words, Labor was so concerned with WorkCover scheme which are the result of the the cost, risk and the Government's reputation so-called reforms by the Beattie Labor as a good financial manager of its 1999 Government. Those particular businesses are reforms that it did not want to cause a slowing still experiencing enormous difficulties. of the scheme's financial recovery which was Honourable members opposite would occurring as a result of the coalition's reform. know as I certainly know and as the So they increased the F factors. In a large honourable member for Caloundra and the number of cases, the F factors for common honourable member for Toowoomba North, law claim years and increased F factors for two who undoubtedly will speak about it shortly, statutory claim years imposed considerable know that WorkCover is currently holding hardship on employers way beyond the cost of meetings with industry groups and employers claims on the fund by such employers. Also, in an attempt to address the issue of out-of- as the honourable member for Caloundra has proportion increases in premiums as a result of suggested, the fact that Labor did not claims costs for both small and large introduce the common law reform changes but employers. This attempt to address the issue 4404 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 occurred again only because of adverse on VERs in Government as they were being publicity received by WorkCover in the applied within WorkCover. Toowoomba press when it was revealed that The Minister told Estimates Committee F small employers' premiums would take 25 that in 1998-99 a total of 86 WorkCover years to come back to its original level employees accepted VERs at a cost of $3.3m because of a one-off claim cost. Undoubtedly, and that, on WorkCover's own estimates, in the honourable member for Toowoomba North 1999-2000 VERs would be accepted by 208 will have plenty to say about that and, employees. I stress that for the benefit of undoubtedly, the Government will try to blame honourable members opposite, particularly the the previous coalition Government for this, and honourable member for Bulimba, who more again they will prove to be frauds and liars as than any other member opposite has a very they try to put that blame onto us. genuine concern for the welfare of employees. Let us have a look at job security within How does the member for Bulimba—and he WorkCover. Honourable members are not very can tell us when he makes his contribution in keen to talk about the fact that, at the end of this debate—cop the fact that 208 employees 1999, since Labor came to office 87 jobs would leave the organisation by the end of throughout Queensland have been shed from June 2000 at a cost of $5.8m, according to 19 regional WorkCover offices. In areas where the Minister's figures? unemployment was already high and is still Perhaps the Honourable Minister can high, Mr Beattie and his Government allowed inform the member for Bulimba and me jobs to be shed to allow for staff increases in whether it was 208 employees, 190 or 250 the central office, including fat cat senior who left the organisation in the last financial executive positions. Do honourable members year. There will be a question on notice from want to talk about the 10 jobs that were the Opposition asking for those figures. If slashed from Cairns, Ipswich and Nambour; those figures are not provided, we will seek the nine jobs that were slashed from the them under FOI. This is yet another Logan and Townsville WorkCover offices? Why hypocritical backflip by honourable members aren't they talking about that? Why don't they opposite. They may tell me that it is a statutory talk about the 10 jobs that went in Ipswich? authority and that they have no control over it, Why don't they talk about the six jobs that but they do have control. The Minister has were lost from the Redcliffe office? Eighty- control. He can issue a ministerial directive to seven jobs were slashed from the WorkCover reverse the policies of WorkCover's regional offices in those areas where they were management. needed. If members think that I am making this up, I refer them to the answer to question But, of course, there was an even more on notice No. 1697 which contained figures sinister reason as to why VERs were being provided by the Minister. applied to WorkCover as they were, and the honourable member for Bulimba might want to What about VERs and the hypocrisy listen carefully to this. On 9 December 1999, I displayed by the current Minister when it asked the Minister how he reconciled his comes to the implementation of a VER policy previous opposition and his previous attitude within this department and, in this case, within to VERs being applied in WorkCover and the WorkCover Queensland? Do they want to talk department with what was happening under about VERs? In Opposition, Mr Braddy, the his stewardship within WorkCover Queensland. Labor Party and its minions around the Do members know what he said? I will quote community vehemently opposed the VERs him precisely and will then give the House my which were being granted during the coalition's interpretation of his words. He said— term in Government either in WorkCover or "The member knows that WorkCover throughout the departments. They were is a statutory authority. It keeps me vigorously, vehemently opposed. When informed and I am satisfied that the Mr Braddy had the opportunity to do people taking VERs in WorkCover truly something about VERs being applied, being wish to take VERs." encouraged and, in some cases, being forced within WorkCover, when he had ministerial He did not accept the assurance from me control and when he had the ability—and he when I was Minister that anybody taking a still has the ability—to issue a ministerial VER was taking it happily and voluntarily, but direction saying, "No more VERs within he now accepts it from the same executive WorkCover or anywhere else in the manager the coalition appointed when in department", what did he do? In the Government. He went on to say— Parliament he was unable to justify either his "Those VERs have occurred after previous position in Opposition or his position substantial capital injection." 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4405

That is replacing people with capital. He went investigators. I was told—and the Minister has on— never denied this—that there was only one car "Also, WorkCover is putting on a for eight investigators within the vital substantial number of trainees. investigation branch of WorkCover. They were WorkCover has indicated that over time, deprived of all but one vehicle desperately as the needs are assessed, the numbers needed for fraud investigation. That is what will rise again. The trainees are happy and happened. Investigators were catching trains, WorkCover is picking up some good buses and taxis to get to regional WorkCover employees." offices to undertake anti-fraud business. The Minister told the Parliament that it Members opposite have talked about does not matter that VERs were being offered satisfaction ratings. What do activities such as and that experienced people were leaving the this do for the morale of staff of WorkCover? organisation because trainees were being The staff satisfaction survey conducted hired and that eventually the trainees would towards the end of the coalition's term in have the knowledge and experience to service Government in 1997-98 revealed that 85% of the needs of WorkCover customers. What the staff agreed that WorkCover was a forward- Minister said was nothing but code for the looking organisation and that the staff were dispensing of high-cost labour and substituting excited about their future. In the annual report it with cheaper labour in the form of trainees. It tabled by this Minister a few weeks ago, that was a blatant cost-cutting exercise aimed at figure had dropped to 66% overall satisfaction. reducing cost pressures within WorkCover. That is the Government's own report and its Why are honourable members opposite not own survey. Its own figures prove that staff objecting to that? I hope that the member for morale is plummeting. Bulimba gives me an explanation later as to These facts clearly show where the once why it was anticipated that the last financial great WorkCover scheme operated under the year 208 people were forced out of WorkCover coalition is heading—it is heading in the and why the Minister, in his own words—and I direction of huge staff dissatisfaction, a huge have quoted them precisely—replaced loss of expertise, crooks getting away with experienced labour with trainees. rorting the system and cost blow-outs being There has been a massive brain drain camouflaged by massive increases in from WorkCover, and everybody knows premiums, so much so that the Government that—senior managers, middle ranking and small employers, together with employer managers and middle ranking officers. organisations, are looking at reviewing the WorkCover has been drained of many long- scheme and the premium setting equation term, valuable, dedicated, committed and again. It is a mess. The reason the experienced employees. That has occurred so Government is able to get away with it is that it much that these days an enormous amount of is slugging the major stakeholders at the work is being done by consultants, because expense of one its major objectives—jobs, the expertise of people who were forced to jobs, jobs. If it is not sacking people from that leave WorkCover has to be hired again to organisation and getting rid of them, it is provide advice to the Minister. imposing cost burdens on employers which in turn discourages them from taking on further What has happened to fraud investigation employees. in WorkCover? One of the first moves by the new WorkCover board was to abolish the Time expired. publicity given to successful fraud cases and to Mrs ATTWOOD (Mount Ommaney—ALP) the media and advertising campaigns aimed (4.46 p.m.): The WorkCover Queensland and at both employers and employees. These Other Acts Amendment Bill includes many initiatives were scrapped even though they positive enhancements for the building and were very effective in discouraging fraud. construction industry with regard to the These were initiatives by the coalition which portable long service leave scheme and the were scrapped by this Government. What is Building and Construction Industry (Portable that going to do to the costs of WorkCover as Long Service Leave) Act 1991. In the eight more fraud is perpetrated? It will blow costs years of its operation to 30 June 2000, this out. What else did the WorkCover board do in scheme has paid long service leave terms of fraud? What did it do in terms of entitlements of $9.6m. It has a membership of demolishing even further the coalition's anti- 92,243 workers and 8,019 registered fraud strategy, which had been implemented employers. Already this financial year the total shortly after we got into Government? I will tell of claims has increased the total paid-out the House what it did: it removed cars from figure to over $11.7m as at 31 October 2000. 4406 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000

Recognised stakeholders in the building business interests, in that it falls due prior to and construction industry have contributed to the lodgment of a development application. the formation of the legislative amendments This timing can in some instances be a long before the House. It was determined to be in time before the building and construction work the best interests of the industry and the actually begins. This Bill provides for the timing scheme itself to address areas of the of the payment to be delayed until the issue of legislation that had become restrictive or a development permit—a time that can be incapable of keeping abreast of changes much closer to the commencement of work on within the industry. QLeave, the scheme's a project. administrators, consult regularly with industry The administrative requirements of stakeholders to ensure the scheme is QLeave must be supported by the legislation supplying the benefits that were intended at its under which it operates. After careful inception. It operates on a consultative basis, consideration of the operational requirements balancing the needs of each stakeholder in administering a fair and equitable portable group to ensure the scheme operates long service leave scheme, QLeave has efficiently, effectively and fairly. It has always identified areas in which the legislation can been QLeave's intention to ensure the better clarify the original intention of the Act. scheme is fulfilling its original purpose of Changes to the legislation in areas of allowing building and construction workers to administrative requirements, enforcement of receive long service leave entitlements for responsibilities and penalties for non- service to the industry because of the very compliance have been carefully and nature of the industry rather than to a thoughtfully processed to ensure that the particular employer. scheme is as equitable and fair as possible. It is now known that the average worker These changes have been drafted while will contribute seven years' service to the balancing the concerns of all stakeholder building and construction industry. QLeave is groups and maintaining a conservative also aware that the normal expectation of a approach to the financial stability of the worker accruing 220 service credits for 220 scheme. days' work in the industry per year may be The amendments to the Building and penalising some workers through no fault of Construction Industry (Portable Long Service their own. A major benefit to workers contained Leave) Act 1991 have been actuarially in this legislation is the provision to allow a pro assessed and can all be funded by QLeave's rata benefit to be paid to workers with seven current strong financial position while keeping years' experience or service if the worker the reduced levy rate of .075% for a period of leaves the industry or dies. This provision will 13 years. allow workers who have accrued 1,540 service I commend the efforts of QLeave and the credits to be paid a pro rata benefit rather than building and construction industry at large for leaving the industry after seven years of the consultative process that has brought this service with nothing. There are additional Bill before us to ensure that the scheme is provisions within the Bill to allow part-time pro allowed to grow and change so that it may rata entitlements for workers who have continue to be a benefit to the industry. I registered for at least seven years and have congratulate the Minister, the Honourable Paul accrued the equivalent part-time service of Braddy, on his strong representation of the 1,155 service credit points, again on the building and construction industry in bringing provision that the worker leaves the industry or this legislation to the House. dies. Mr HEALY (Toowoomba North—NPA) QLeave has also identified that the (4.51 p.m.): I welcome the opportunity to current legislation has inadvertently excluded contribute to the WorkCover Queensland and some workers from benefiting from the Other Acts Amendment Bill this afternoon. In portable long service leave scheme, and these doing so, I would like to highlight a particular have been addressed in the amendments. case and to reiterate the cases that have been The current legislation will be amended to raised by my colleague the member for allow the payment of public holidays falling Clayfield in his contribution when he talked within the period of long service leave, as about the F factor fiddle by the Beattie Labor would be the case if the worker has been paid Government and how it affects businesses long service leave benefits from an employer. right around Queensland, particularly The Bill before us also addresses an issue businesses in my area. I refer particularly to raised by levy payers that the timing of the the case of the profitable truck and trailer payment of the levy is often restrictive to their repair business Chassis Line. 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4407

Chassis Line, along with many other small approximately 60% more premium than the businesses, has been slugged with crippling rate prescribed for the industry. premium hikes after just one workers The first factor that influences calculation compensation claim. In the case of Chassis of the assessed premium rate is the Line, there was a common law damages claim experience factor. The best-case scenario for which occurred in the 1994-1995 year. The Chassis Line is that it would have no statutory claim was not handled to the satisfaction of or common law damages claims for a period of the company. The employee concerned five years, and one would expect that, in refused to be rehabilitated and returned to applying the mathematical equation, the New South Wales. Whilst out of sight, he premium should reduce. But this does not obtained work despite allegedly being totally occur. At best, the experience factor would incapacitated. Furthermore, he engaged a have a value of zero and therefore be of no legal firm which did not seek to expedite the relevance if Chassis Line had absolutely no matter and would have, by its approach, history of statutory or common law charges. increased the legal expenses associated with The sizing factor has no relevance to claims the claim. As a result, the cost of the claim was history and can go down only if the employer therefore heavily influenced by the employee's reduces its staff and wages. In an expanding actions. business like Chassis Line, the sizing factor will The main concern in this particular case is always go up and exacerbate the effect of one the assessed premium payable by Chassis or two previous claims, albeit that they may Line, particularly for the 1999-2000 year. The have been several years beforehand. net premium payable by Chassis Line as a The last factor or variable within the result of this case has risen from $15,583 to calculation equation is the prior premium rate. $26,211. The client admits and acknowledges This is determined by using the assessed that there was a GST component of $2,268 premium rate for the previous year multiplied payable on the net premium, but irrespective by the industry rate in the current year and of that, I repeat that that increase was from divided by the industry rate in the prior year. $15,583 to $26,211. The prior premium rate can go down only if the A letter from WorkCover Queensland industry rate from year to year goes down. If dated 25 July 2000 stated that Chassis Line's indeed the industry rate goes up, then the assessed premium rate can reduce back to or prior premium rate will also increase. This is the lower than the industry rate. However, this will only factor in the whole of the mathematical take many years of low or zero claims to equation which can reduce the assessed achieve, and it was suggested that the premium rate. However, even if the assessed reasoning behind this is the application of the premium rate does go down, then the industry sizing factor in the formula, or the Z factor. But rate goes down and there will remain a marked this statement is blatantly incorrect. The variance between the two; so that Chassis premium forecast simulator, which sets out in Line would continue to pay premiums at a full the means of determining the assessed much higher level than that determined by the premium rate each year, indicates that it is in industry rate. fact blatantly incorrect. Looking at the whole of the mathematical The first equation which determines the equation, if an employer commences assessed premium rate for Chassis Line for business, then they will commence at the this year has been assessed at 3.955. This industry rate, and if they have no statutory or assessed premium rate is significant, because common law claims, then they will continue on it is this assessed premium rate which is this basis and the industry rate will be applied multiplied by the gross wages to determine an from year to year. The minute, however, there actual premium for the year and provisional is any statutory or common law claim, their premium for the next year. Even small assessed premium rate will go up higher than variations in the assessed premium rate have the industry rate and will never, never revert a significant flow-on effect to the extent of the back to the industry rate, let alone be lowered. premium. Chassis Line's assessed premium There is absolutely no provision within the rate is 3.955 for the year, whereas the current mathematical equation to reward employers industry rate is 2.488. Chassis Line, in the year for rectifying their claims history and employing ended 1997, had a percentage loading of good work safety practices. 3.5%, which subsequently increased to Chassis Line is paying premiums 16.34%, took a significant leap to 62.85%, and assessed at a level 59% higher than the this year is effectively at a rate of 58.96%. In industry rate. In the previous year, Chassis essence, Chassis Line will be paying Line paid at 63%, and the company 4408 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 understood that initially it was to incur a He went on further to say that in addition loading to reflect the claim made and paid WorkCover had introduced an industry rate under the policy. The amount actually paid premium cap to protect employers facing under the claim was some $73,000, and sudden increases in their premiums and that Chassis Line is required each year to pay WorkCover will now cap an employer's premiums of some $6,000 higher than the premium rate for two years if it reaches twice industry rate, which will continue throughout the industry rate. The cap will assist in reducing the history of the business and will go even the volatility of an employer's premium rate higher if the business continues to expand. So resulting from the impact of a common law where is the incentive there for businesses to claim. expand? Under the formula approach I acknowledge that reply from the determined by WorkCover Queensland, Minister, but it still has not fixed the Chassis Chassis Line will repay the claim a multitude of Line problem. I also acknowledge the fact that times. there is going to be or there has been in the The legal advisers of Chassis Line have process another review regarding the premium been verbally informed by a member of calculation. I say to the Minister that I believe WorkCover Queensland that it is understood that this review needs to be completed and and acknowledged that there is a problem with this problem needs to be fixed. If it is the mathematical formula and that it is hoped happening with two, three, four or five that this may be resolved later in the year, companies in my area of Toowoomba, then it although the legal advisers for Chassis Line must be happening in areas right across the were instructed that WorkCover Queensland State. was aware of this difficulty previously and the Chassis Line will not get any relief from issue was held in abeyance as WorkCover the premium increases for anywhere up to 25 Queensland had more pressing issues. years. What sort of incentive is that for a Unfortunately for Chassis Line, the abeyance business? In the case of Chassis Line, it is just issue will cost them a further $6,000 this year. holding on by the skin of its teeth. If there is no Undoubtedly, the experience of Chassis relief for companies like Chassis Line, then Line is also being felt throughout by other they will have no alternative but to close their employers paying premiums to WorkCover doors. It is seriously considering doing that and Queensland who have ever experienced a that will put in jeopardy the jobs of many of its claim. As a matter of fact, I have been employees, people who have been employed contacted by several companies in my with the company for many, many years—loyal electorate, including a longstanding company employees who, of course, contribute to the in Toowoomba, M. F. & P. M. Sedl Civil economy of the city. Contractors, which has been in business for I raise this issue today because it has more than 30 years. I have known the family received quite a bit of coverage, particularly in for all of that time. It is well respected the Toowoomba Chronicle. Let me say that company. That company is in a similar this issue will not go away until this problem is position, and I was told yesterday that if this fixed, and it must be fixed now—straight issue is not fixed there will be no alternative away—otherwise companies like Chassis Line other than to close the business, putting 34 right around the State will simply go to the wall. people out of work. If that is the case, it is an absolute joke and flies in the face of the Mr NELSON (Tablelands—IND) Beattie Labor Government's promises of jobs, (5.02 p.m.): My contribution is along the same jobs, jobs. lines as that of the member for Toowoomba I wrote to the Minister for Employment, North. My electorate is experiencing the same Training and Industrial Relations outlining the sorts of problems as those alluded to by him. Chassis Line case. I acknowledge his reply in The people who own these companies or which he said that he and WorkCover these businesses are not multimillionaires. chairman Ian Brusasco had announced a They cannot afford large WorkCover review of the experience-based rating system premiums, but they need to employ people to and that as a result of the review premiums will maintain a cash flow through their business. now be adjusted to reflect the total aggregate WorkCover premiums are a necessary cost of a common law claim following part of the working environment. I support settlement. WorkCover, as he outlined in the WorkCover and I support the idea that there letter to me, will adjust the premium payable at needs to be a safety net for people who work the same time as annual policy renewal if in industry in case they are injured. I hope that there is a 15% variance between the the amendments being put forward today will settlement amount and WorkCover's estimate. overcome the difficulties that I foresee. 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4409

Although they are very few in number, there They were absolutely amazed at the amount are people who make fraudulent WorkCover of money that we get paid for unskilled work. claims. They are people who get a job and As I said, there is a balance to be struck within a short period lodge a claim with as to which way we want to go; whether we WorkCover. For example, a timber mill in my want to have a higher level of employment— electorate employed a guy and within a few more people getting the chance to work—or days of commencing that job he complained high unemployment and the people who are of back pain. Subsequently he lodged a working being paid more. I simply point out WorkCover claim, and it has been revealed that small businesspeople are not the devil. recently that this guy has a history of getting They are not evil; they are not bad. They are himself employed and then making fraudulent seeking to employ people. They should not be claims against his employers. I hope that slugged massive amounts of money for doing these amendments will cover those sorts of so; it is anti-business. The cost to the small situations. These are the sorts of things that businessperson of paying insurance premiums make it very hard for small businesses to can be crippling, as it was in the case of the operate. employer in my electorate whose WorkCover Despite the ideological arguments behind premiums have increased because of that this Bill—and we had a bit of to and fro fraudulent WorkCover claim. The sawmill between the member for Clayfield and owner in the electorate of the member for members on the other side of the House—we Toowoomba North is in the same position; he do not live in the Dark Ages when the people will be debating whether or not he should lay who owned the coalmines sent 13-year-old off the other six workers in his sawmill because children to work and made a huge living off he cannot afford to continue. their backs. In some cases, the amount of These are matters that need to be money being paid to people in salaries by addressed. I will support the amendments businesses such as sawmills is crippling. because, having read through them, it is my In Australia we have a very good and a belief that they will go to the heart of the very high standard of living, which is something matter and address these issues. that I think is to be applauded. But at what Mr PURCELL (Bulimba—ALP) cost? I state at the outset that I worked as a (5.08 p.m.): I would like to say a little bit about security guard and I worked for a minimum the amendments that are being proposed to wage for quite some time. I understand what it the WorkCover Queensland Act, the Building is like to be in that situation. However, I also and Construction Industry (Portable Long understand the flip side of the argument, that Service Leave) Act and the Industrial Relations is, a company that is paying out a huge Act. I will not take up too much of the time of amount of money for what is basically unskilled the House, but I do want to make some brief labour has very high costs, which make its comments in relation to the workers product too expensive for the consumer. This compensation legislation. It used to be a no- leads to the high unemployment levels that we fault scheme designed to look after workers have in this country, which is considered to be who were unfortunate enough to be injured at a relatively well-to-do nation. The social work. It was brought in by a Labor security system in Australia means that the Government, and it worked very well for many, taxpayer then has to bear a higher burden. It many years. is a vicious cycle. That scheme was changed because it Many people will scream blue murder at was claimed by actuaries that the premiums this suggestion, but it has always been my were not covering the amount of money that belief that if we lowered the minimum wage was being paid out. This issue goes back to there would be a much higher opportunity for the mid nineties. The premiums being employment because businesses would be collected were inadequate to cover the able to employ more staff. I suppose a few number of workers involved. That is what the people will disagree with that. Nevertheless, as problem was. It was not the scheme that was I said, I have worked for a minimum wage, and the problem; the problem was the cost of that has always been my view. I have a collecting fees from employers who were not brother who is currently working in an unskilled paying their premiums and bludging on those field for a minimum wage. When we make a who were. comparison, we find that Australians are paid It was fairly simple, but we stuffed it up. much more than their American counterparts The Minister is to be congratulated because in unskilled jobs. Recently some friends of he is trying to even it up and bring it back to a mine from the United States were visiting me. situation where employees are covered and 4410 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 are looked after by a scheme which was The same applies to foremen. Because originally set up to look after workers. It is fairly foremen were not covered by an award, they simple. A worker goes to work, he is injured, were excluded. Occupational health and safety and he wants to be looked after so that he can officers found themselves in the same pay the rent, pay his house off, look after his position. A lot of occupational health and kids, pay the school fees or pay whatever he safety officers picked up by the industry were needs to pay. He is not embarrassed and he is previously builders' labourers. These men were not at a disadvantage because he was injured very good at their jobs. They are now working at work whilst working for an employer. for various companies in Queensland as The definition of "worker" disenfranchised occupational health and safety officers. Some 80% of the people who worked in the building of them are working in the Northern Territory industry. We now have the situation back to and in Sydney. An officer working in where it should be. The legislation also covers Queensland will now be picked up as an contractors and those who call themselves eligible worker and will be covered by the self-employed but are really defined as portable long service leave provisions. Even employees under various Acts. People working though these people do not have an award to for labour hire companies are said to be self- fall back on, they will be covered by these employed; however, they go where they are provisions. told to go and they do what they are told to I am pleased to see that entitlements to do. They were workers and they were long service leave have been changed. Some disenfranchised. people died before they accumulated sufficient The situation became so bad that the time to take long service leave and their industry had to set up its own scheme to cover families were unable to pick up their portable disenfranchised workers. The building industry, long service leave. Some workers retired from along with employers in the industry, set up a industry before the 10 years was up. For all separate scheme. It is incorrect for those sorts of reasons long service leave was being opposite to say that employees were well denied to workers. It has now come back to looked after under the previous Government in seven years and workers are able to claim pro regard to workers compensation. I believe the rata long service if they leave the industry. If, Minister will cover this aspect in his reply. Steps unfortunately, the breadwinner died, the family that the previous Labor Government took to will be able to benefit under this scheme. The make up for the shortfalls in the scheme were money has been paid into the scheme and starting to bite when the previous coalition therefore the worker or his family should be Government took office. entitled to that benefit. We should not run a scheme solely to collect money and invest it There are three things that employers and not pay it out. The money is there for the should not try to get away with. Firstly, they do workers and should be given to the workers. not want union officials to come into their workplaces because they are not paying the It is good to see that public holidays that workers correctly and are not looking after the fall within a period of long service leave will employees in relation to remuneration. now be paid. I know these are small things for Secondly, the job is unsafe and therefore some people, but they are important. If a people are injured. Thirdly, conditions on site public holiday falls at a time when an are so bad that they do not want anyone to employee is on long service leave, he will be see them. There is no other reason why an paid for that public holiday. The scheme picks employer would not want to have a union up the shortfall. official in his workplace. I believe it is legitimate The officers of the Minister's department for union officials to visit workplaces to ensure do a very good job in continuing to look after that WorkCover is being paid. workers with regard to WorkCover and portable I want to refer to portable long service. long service leave. I know they work very hard. This legislation changes the eligible worker They are continuing to pick up things that status in that regard. Subcontractors workers value. These may be only small undertaking form work that is labour only, or things, but they make a difference. substantially labour only, will be included in the Mrs LIZ CUNNINGHAM (Gladstone—IND) scheme. These people were included in the (5.17 p.m.): In rising to speak to the scheme that was altered by the previous WorkCover Queensland and Other Acts Government which said that they were not Amendment Bill, there are a small number of workers. Under any definition, these people issues that I would like to raise in the area of are workers. They will now be covered by the WorkCover, in particular, that are of concern to portable long service leave provisions. folk in my area. In most instances when issues 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4411 have been raised with the Minister there has where the local GP agrees that there would be been resolution of the problem and I greatly just general deterioration of the person's back appreciate that. but that the workplace has exacerbated that However, there are a small number of injury. Yet we cannot get a medical specialist issues that I would like to mention. The group to assist this particular injured worker. I do not apprenticeship schemes provide an excellent believe that this worker is a malingerer at all. service for young people in particular and for There has been only one instance of this apprentices in general—not only in my occurring, but I mention it because of its electorate, but in other electorates. Employers seriousness, and that is the situation where face a difficult conundrum as far as WorkCover WorkCover's own assessors cause an is concerned in that they are held responsible exacerbation to an injury. I have brought this for WorkCover obligations but they have no matter to the Minister's attention and it is being way of being in control of the workplace in dealt with acceptably. The injured worker had which their apprentices are placed. Workplace been rehabilitated, had reached the point health and safety issues in the workplace are where their doctor had recommended that beyond their control, yet they are the ones they were ready for light duties, and they were who have to maintain liability for WorkCover. referred to a rehabilitation expert to have that With regard to the medical tribunal, I assessment confirmed before they returned to understand that once a decision is made by work. In making an assessment for that the tribunal an injured worker has 12 months person's capacity, the medical people whom to provide new medical information which may WorkCover had contracted to do the counter the tribunal's final decision. However, assessment requested that the injured worker quite a number of my constituents are do a particular activity to show mobility. That aggrieved by the whole process, including the activity affected the worker quite seriously to medical tribunal process. the point where they possibly will not ever work again. Initially, the employer's WorkCover Some people cannot identify any new premium escalated through the roof. Included medical information which might contain quite in the assessment for that employer's liability definitive information about how their medical was this injury that had been caused by records have been misinterpreted—not WorkCover's assessor. I am not saying that necessarily maliciously. The time of injury has this happens often but, to my mind, the fact also often been misrepresented. These people that it has happened once to my knowledge feel frustrated. Once the medical tribunal means that it could have happened previously. process is complete, they have no other One would hope that there will be careful avenue in which to proceed except litigation. supervision to ensure that employers do not Another concern is being addressed by carry excessive premiums because of injuries this Bill, and I refer to the medical specialists caused by specialists or other people outside who are used by WorkCover to determine the of their control. condition of a claimant and the likely place of WorkCover is a very important facet of injury—that is whether it was work-related or working life for all employed people in our not work related. The WorkCover scheme has State. It is also important for the employer. I used a number of doctors—one who has been commend the Minister for a continuation of previously named in this Chamber, namely Dr WorkCover that will ensure that injured workers Blue—with whom people have had great have some financial relief at a time when they difficulty in regard to the reports provided. are most vulnerable. Often, workers are in a very difficult position financially and are not able to afford to obtain Hon. P. J. BRADDY (Kedron—ALP) alternative reports. With the medical tribunal (Minister for Employment, Training and having an increased number of doctors able to Industrial Relations) (5.22 p.m.), in reply: This give medical opinions, one would hope that legislation contains amendments that will the situation will improve. improve the operation of workers The other area of difficulty for injured compensation and building and construction workers is the exacerbation of their injuries. industry schemes. Under this Beattie Labor Many workers will acknowledge that there is Government, workers compensation premiums deterioration—perhaps just normal in this State are the lowest of any State in the deterioration because of age—but that the country. In addition, service levels have been workplace, the repetitive type of work that they substantially improved and claims costs do or the work situation can exacerbate their reduced and employer satisfaction improved. injury. It is very difficult for those workers to The amendments to the Building and prove that. At the moment, I have one case Construction Industry (Portable Long Service) 4412 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000

Act improve benefits to workers consistent with system introduced by the coalition decisions of the Queensland Industrial Government where the premiums reflect the Relations Commission. At the same time the actual claims experience of employers, the levy for the scheme can remain at the current premium for Chassis Line has understandably low level of 0.075% for 13 years. increased. The particular design of the The member for Caloundra stated that if experience-based rating system means that, the coalition should be returned to for small employers, the increase in the Government it will not seek to have any of premium will be reflected in a number of years Queensland's industrial relations powers given in the future. After discussions between to the Commonwealth. There is debate going myself, officers of my office and WorkCover, a on at the present time. I will have more to say review is currently being undertaken that will about that in this place on another occasion. It consider issues similar to those raised by is certainly a very important topic, and I agree Chassis Line, that is, the length of time that it with the member for Caloundra in relation to takes to reduce premium rates to their former that. levels for small employers. The member for Caloundra also raised It is obvious that our Government is issues to do with the experience-based rating prepared to react to problems as they arise, scheme, which was introduced by the previous whether those problems are inherent in the coalition Government. The volatility of the system or ones that were created by the scheme, as introduced, has been addressed system that we inherited. We always react and through a number of modifications considered we react quickly. We are also innovative. That by the WorkCover board. The member for is why for two years in a row the average Clayfield also failed to explain that many of the premium rates have fallen and why we have problems in premium levels for 1998-99 were the most efficient and cost-effective scheme in the direct result of his personal failure to the country. accept the advice of the WorkCover board to I thank all other speakers, particularly smooth the transition to the experience-based those Government members who have rating scheme. He rejected the advice of the spoken and who have supported the WorkCover board when he was the Minister. It increasing fairness of the system as it is was his rejection of that advice that brought operated by the Beattie Labor Government. It about many of the problems in premium levels is important. This scheme is primarily to look that we had to fix. after workers. It must be cost effective—and it The member for Clayfield has also raised is the most cost-effective scheme in the issues to do with job security within WorkCover. country—but it must be fair. When we did Through the loss of business through self- make changes that brought about greater insurance—again introduced by the coalition payments, it was done in such a way that Government—it has been necessary to look at premiums were also reduced. We will continue the business operations of WorkCover. In this to do that along those lines. process, no employee of WorkCover has been Among the material before the House is made redundant compulsorily. There is now an amendment that enables a company to substantially improved performance in terms of continue to act as a self-insurer. So we are not claims management. anti-business at all; we are fair to both sides The member for Clayfield raised issues in and we will continue to monitor it carefully. relation to the management of fraud. This It is not so that the Labor Government function has been reviewed by KPMG, which has had no impact on the current efficiency of found that the previous procedures—the ones the scheme. I am told frequently by those in that we inherited—were grossly inefficient with senior positions at WorkCover and on the the cost of fraud management greater than board of WorkCover that the two major the recoveries. A new focused strategy, which components for the current efficiency of the assesses the risk of particular fraud cases, has scheme are, firstly, the strength of the now been implemented and WorkCover investment income. Of course, that has expects a substantial increase in the efficiency nothing to do with whether it is a coalition of its fraud operations. Government or a Labor Government in power. The member for Toowoomba North raised Basically, provided both parties pick good a particular concern relating to a company in people to do the investing—and I think that we his electorate, Chassis Line. The increase in have—that money comes in. The other major Chassis Line's premiums is the result of reforms have been brought about by what are substantial common law claims settled in known as the Goss amendments which, in 1998-99. Under the experience-based rating fact, restricted common law access, particularly 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4413 in relation to smaller claims, when the lawyers desire to go into Government, because it were eating up far too much money. would of its essence require a deal with One We have given an indication that we will Nation. The Leader of the Liberal Party, Dr review the scheme in the future. We will be Watson, refused and said to the ethnic reviewing all aspects of workers compensation. leaders, "What do you want me to do? Do you We will continue to review the common law, want me to commit political suicide?" This but we will do so in a way that is compatible man, who now wanders around pretending to with the scheme remaining the best scheme in be a political sophisticate, was quite prepared the country. to go into office, and the only way he could do so was with the support of One Nation. Yet he It is important that some fairness be stood up in here today and damned people inherent in this place. That is why, in relation to merely because some of them happened to another matter, I was very disappointed today be members of the Labor Party—people who with the speech in this place by the Leader of have worked for years in a Government the Liberal Party, in which he attacked officers department with great propriety and skill. of my department in a contemptible way. In his first paragraph he suggested that this nest, as I challenge the Leader of the Liberal he called it, has links to Labor's electoral fraud, Party, who is not in the Chamber at the yet in his whole speech he produced no moment, to repudiate what I said. He cannot evidence in relation to electoral fraud being in deny that he was prepared to go into office any way connected with my department. He with One Nation's support in 1998, because he named some people in the Labor Party, but in never denied it then, and Borbidge continued spite of saying in his first paragraph that he to try to form a Government which required was going to show links to electoral fraud, he Liberal and One Nation support. I also totally and utterly failed to do so. He just challenge him to deny—because he knows the damned people by mentioning their names. truth of it—that when he was approached to He got a lot of the facts wrong. He spoke of openly say he would not go into office with Madonna Jarrett as being the head of the One Nation's support he refused. Workers Compensation Policy Unit. She has He is condemned by his public silence in been gone for months. She does not live in June of 1998 and it is hypocritical for him now the electorate of Mount Coot-tha. She went to wander around pretending that he would willingly to work in New South Wales. That was never have anything to do with One Nation, her choice. that it was presumably only the previous What the member did was disgraceful, yet leaders, the members for Caloundra and he is the man who pretends that he has Clayfield, who would ever engage in such always been an opponent of any deals with nefarious activity. He was in there with them. One Nation. That is just not so. When Dr He would be on the Government side today in Watson succeeded the member for Caloundra an alliance with One Nation if he had got his as Leader of the Liberal Party, very shortly way and the member for Nicklin had supported after the 1998 election the member for Surfers such an alliance. Paradise was attempting to form a The man is condemned as a hypocrite Government—something he did for several and he is looking even worse for his improper weeks—which would have required the support and disgraceful attack on good public of the National Party, the Liberal Party, One servants. His facts and imputations are wrong. Nation and the Independents. At no stage did No electoral fraud was even mentioned in his the new Leader of the Liberal Party come out claim. This is the Opposition we have to deal and say that no such Government could be with—an Opposition led by a Liberal Party formed because he would not go into a Leader who has lost all propriety in the way he Government which required a close alliance or goes about his business. He lost it in June working arrangement with One Nation 1998 and he has not recovered it since. members. He never once repudiated the I thank the Opposition for its support for formation of a Government which of its this legislation, which has been expressed by essence required One Nation's support. the member for Caloundra. I believe the Further to that point, I know from personal Opposition, when it was in Government, did knowledge that leaders of a very important some good things in relation to WorkCover, ethnic group in Queensland approached the just as I believe we did in the Goss new Leader of the Liberal Party in that period Government days when the problems arose, between the 13 June election and the final after they were revealed—the Goss formation of the Labor Government on 29 Government amendments as they were called. June and asked him to openly repudiate any Some of those amendments were moved and 4414 Workcover Queensland and Other Acts Amendment Bill 14 Nov 2000 some procedures were adopted by the This amendment is required as subclause Opposition when they were in Government. I (6) provides that if subclause (5) prevents a accept that the figure was $35m a year, which civil liability attaching to a rehabilitation officer we are now repaying. We have together at the liability attaches to the employer. This different times done some good things, but we reference to an officer rather than coordinator do not need attacks on individual public is an error in the drafting and ought to be servants on the same day as we are trying to amended to ensure certainty and consistency do the right thing by the best workers with subclause (5) and the definition provided compensation scheme in this country. under section 45. Motion agreed to. Amendment agreed to. Clause 14, as amended, agreed to. Committee Clauses 15 to 27, as read, agreed to. Hon. P. J. BRADDY (Kedron—ALP) Clause 28— (Minister for Employment, Training and Industrial Relations) in charge of the Bill. Mr BRADDY (5.39 p.m.): I move the following amendment— Clause 1, as read, agreed to. Clause 2— "At page 24, line 2, '12'— Mr BRADDY (5.37 p.m.): I move the omit, insert— following amendments— '13'." "At page 8, line 12, 'sections 582 Clause 28 introduces a number of and 583'— transitional matters to the Bill. These omit, insert— transitional amendments include ensuring that 'chapter 13, part 2, division 2'. changes made by the Bill to the cost of ambulance cover apply only to injuries At page 8, after line 16— sustained by a worker after the insert— commencement of the Bill. By error, one '¥ section 15'." provision at clause 13, which deals with The first amendment will commence the ambulance costs, was omitted from the transitional provisions relating to self-insurance transitional arrangements. Therefore, the and the medical assessment tribunals, on a correct reference relating to section 580 should day to be fixed by proclamation. The Bill read at line 2 of page 24 of the Bill "section incorrectly refers only to sections 582 and 583. 7(1) and 8 to 13 had not been enacted". These sections relate to an application by a Mrs SHELDON: I would like to ask a related bodies corporate group employer to question of the Minister in regard to change their self-insurance licence. ambulance cover. If the person injured is a The amendment to clause 2(4) is subscriber to the ambulance scheme, does necessary as the Bill at clause 23 removes all WorkCover still have to finally pay all of that reference to the Prescribed Disfigurement bill, or is it covered because the member is a Assessment Tribunal. This tribunal is to be subscriber? replaced by the Disfigurement Assessment Mr BRADDY: Under these amendments, Tribunal at a date to be fixed by proclamation. the arrangement between WorkCover and the As the assessment of additional compensation ambulance will be that WorkCover will pay a for disfigurement is to be included under the set amount. They will receive a set amount specialty tribunals, the Bill at clause 15 adds from WorkCover in relation to payments. the Disfigurement Assessment Tribunal to the Mrs SHELDON: If there is any extra, is list of specialty medical assessment tribunals that going to be met then by the fact that the to be maintained under the Act. subscriber is covered? Amendments agreed to. Mr BRADDY: There will not be any extra. Clause 2, as amended, agreed to. It will be met by the arrangement that is made Clauses 3 to 13, as read, agreed to. between WorkCover and the ambulance. Clause 14— Mrs SHELDON: I asked the question Mr BRADDY (5.38 p.m.): I move the because previously if people had private following amendment— health insurance or were covered in some "At page 16, line 18, 'officer'— other way, when the final compensation claim was being finalised by WorkCover that medical omit, insert— fund or whatever had to contribute back in to 'coordinator'." meet the costs being paid by WorkCover. So it 14 Nov 2000 Workcover Queensland and Other Acts Amendment Bill 4415 reduced the burden, if you like, on the fund Clauses 45 to 56, as read, agreed to. itself, hence my question to the Minister. Clause 57— Mr BRADDY: It is a question of fairness. It Mr BRADDY (5.43 p.m.): I move the is believed that, if people are injured in a following amendment— situation where WorkCover should pay, WorkCover should pay irrespective of whether "At page 43, lines 24 and 25, 'the the injured person is a subscriber or not. person, or any one else'— Amendment agreed to. omit, insert— Clause 28, as amended, agreed to. 'any one'." Clauses 29 to 43, as read, agreed to. Parliamentary Counsel has recommended this editorial amendment. Section 80 of the Clause 44— Building and Construction Industry (Portable Mr BRADDY (5.42 p.m.): I move the Long Service Leave) Act 1991 is to be following amendment— amended so that QLeave may require "At page 36, lines 3 to 13— anyone, as distinct from "a person or anyone omit, insert— else" as currently provided, to give information and documents about work asked for in a 'Replacement of s 56 (Application for written notice. entitlement to long service leave) Amendment agreed to. '44. Section 56— Clause 57, as amended, agreed to. omit, insert— Clauses 58 to 70, as read, agreed to. 'Application for entitlement to long service leave or payment instead of long service Clause 71— leave Mr BRADDY (5.44 p.m.): I move the '56.(1) A registered worker who has following amendment— service credits in the register of workers "At page 49, lines 23 and 24— may apply to the authority in the omit, insert— approved form for— '(b) for any other continuing (a) long service leave; or order—section 137.'." (b) payment for the long service leave to In the final draft of the Bill an error was which the registered worker is entitled made and the phrase "any other continuing under section 57(1). order—section 137" was omitted from section '(2) If the building and construction 725(1)(b). While the error has little real effect at industry award or agreement applying to law, this clause is to be amended so as to the worker provides for the payment of all provide certainty over the fate of other orders or part of an entitlement to long service of the commission fixing the wages payable to leave instead of taking the leave or part of other trainees under the Vocational Education, the leave, the worker and the authority Training and Employment Act 1991. may agree, by signed agreement, that Amendment agreed to. the worker be paid for all or part of the entitlement in accordance with the award Clause 71, as amended, agreed to. or agreement. Schedule 1— '(3) The personal representative of a Mr BRADDY (5.44 p.m.): I move the person who died having service credits in following amendment— the register of workers may apply to the "At page 52, after line 6— authority in the approved form for payment for the credits to which the insert— person was entitled under section 57(1) '8. Schedule 3, definition "industrial immediately before his or her death.'.'." instrument", paragraph (a)(vi), 'parts 5 and It was intended to provide for the cashing 6'— out of long service leave with the only omit, insert— restriction being the accrual of 10 years' service. However, the Government has 'part 5, 6 or 7'.'." decided to introduce this amendment at this Amendment agreed to. time. Schedule 1, as amended, agreed to. Amendment agreed to. Schedule 2, as read, agreed to. Clause 44, as amended, agreed to. Bill reported, with amendments. 4416 Property Agents and Motor Dealers Bill 14 Nov 2000

Third Reading necessary, because the industry is a very Bill, on motion of Mr Braddy, by leave, dynamic one. In fact, it is fair to say that there read a third time. are entrepreneurs in the real estate industry, the motor dealer industry and amongst commercial agents, together with restricted Title letting agents. All of these industries are Hon. P. J. BRADDY (Kedron—ALP) entrepreneurial areas in which one has to (Minister for Employment, Training and make the best of it for oneself. Industrial Relations) (5.46 p.m.): I move the However, there is a need for some following amendment— parameters to be set, and that is what this "After 'Construction'— legislation does. This industry encapsulates a very important area of small business. Having insert— said that, I cannot help but notice that the 'Industry'." Labor Party has made a grab for the Amendment agreed to. Auctioneers and Agents Fidelity Fund of some $40m or $50m. It previously made attempts to Title, as amended, agreed to. run down that fund. However, this legislation abolishes that fund and replaces it with a PROPERTY AGENTS AND MOTOR DEALERS claims fund to be funded from consolidated BILL revenue from Treasury. Therefore, income that would have gone into the Auctioneers and Second Reading Agents Fidelity Fund will now go into Resumed from 7 September (see consolidated revenue. Apart from that, the p. 3107). legislation is flawed and unworkable in many Mr BEANLAND (Indooroopilly—LP) aspects. Should the Government pass the (5.47 p.m.): I rise on behalf of the Opposition legislation, it will not be long before it is back in in relation to this legislation as the shadow the Chamber with major amendments, Minister is ill today. Unfortunately there seems because I do not believe that the Government to be a lot of illness around. At lunchtime the has done its homework on this legislation. Minister's officers briefed me in relation to a When looking through the Bill I am range of amendments to this Bill that are to reminded of the Government's mantra prior to come forward this evening. I understand the the last election of jobs, jobs, jobs. It is now Minister will be moving 10 pages' worth of dead, dead, dead, particularly in areas which amendments—more than 30 amendments. relate to this legislation. Small real estate or The Opposition is concerned about this motor vehicle dealer businesses are important piece of legislation. The coalition is opposed to for towns and cities around our vast State. it because it does nothing for the various These industries generate a great deal of jobs industry sectors. In fact, industry has in small communities, as they do in south-east complained that this Bill is unworkable, is bad Queensland. However, it is little wonder the news for jobs and is flawed. That is jobless rate is rising when this House considers disappointing considering the amount of time legislation such as this. Not only are those that the legislation has now been around. The involved in the industries which come under Minister will remind me later, I am sure, but the ambit of this legislation unhappy, but a when the change of Government occurred and number of consumer groups are also unhappy the coalition came to office, no work had been about various aspects of the Bill. Therefore, it done on this Bill. I originally thought that the is not necessarily good consumer legislation legislation had been updated. However, that either. had not happened and we had to start from I will mention a number of aspects of this scratch. The Minister had a very workable legislation. First, I refer to the qualifications for piece of legislation when the Labor Party came a licence being based on competency and to office. suitable criteria accorded to particular The Minister has made not only a range categories of licences. No comment has been of changes that he opposed previously but made by the Minister about the modules for also a whole host of other changes. While competency and suitability. I understand that there are large sections of the legislation which they are yet to be resolved with industry. I existed under the former coalition have not seen any reference to them in the Government, there are a whole range of new legislation. I presume they will be determined sections put in place by this Government. down the track, but I would have thought that There is no question that the legislation needs there would be some indication of what they to be updated and that changes are will be. 14 Nov 2000 Fuel Prices 4417

I do not know—I have not been agency arrangement to work, by the time the informed—whether the Government has agent starts to promote the property. I do not reached agreement with industry or whether it think the time for sole agencies should be 180 will override industry on these modules for days. I think 90 days is a reasonable time. industry groups. However, the Government When I realised that the shadow Minister was needs to give some indication of the state of not going to be on deck to deal with this issue, play. In the past, the REIQ has run various I consulted with industry. It is obvious that it is training sessions to gain accreditation for its very unhappy about this. It, too, believes it will members, whether they be principals or be unworkable. Therefore, I again return to the salesmen. It is unknown whether that will occur old argument about the workability of this through TAFE. What is the situation? I legislation. presume it will be done by regulation because Not only is there a problem in relation to it is not covered in the legislation, but I would agents; there is a problem in relation to have thought there would be some indication auctioneers, because they come within the as to what the situation will be. However, there same requirements and also face the sole is no indication contained in the legislation. agency 60-day maximum. That simply will not I refer to the mandatory code of conduct. work, taking into account when the auctioneer Many industry groups currently have voluntary starts to promote the property and the whole codes of conduct which have been used for process that has to be gone through. There is some time. Some work better than others; simply insufficient time to allow for sales to some do not work as well as they should. occur under this proposal. Currently However, according to the Minister's second- auctioneers have sole agency for 90 days. reading speech, the Government is now What we are looking at practically is 45 days, proposing mandatory codes of conduct. What which is the aggregate time in which they have is the state of play for those mandatory to make things work in a proper manner. codes? Have they been set in place? Have Consumers will not be able to make informed they been arrived at after discussion with decisions either, unless there is adequate time industry? From looking at the legislation, I for auctioneers or real estate agents to presume it will be done by regulation. That promote properties in an appropriate way. again raises a number of questions about very Debate, on motion of Mr Beanland, important aspects of the legislation, because adjourned. once the legislation is put in place the other will follow, as night follows day. There should be some indication as to FUEL PRICES what stage these processes are at, whether Mrs LIZ CUNNINGHAM (Gladstone—IND) they meet industry requirements and whether (5.58 p.m.): I move— industry has been consulted in relation to a "That this House calls on Prime range of aspects contained within the Minister Howard and the Federal mandatory code of conduct. As I said, most Parliament to recognise the negative industry groups already have a code of impacts on rural and regional conduct. Some work well; some do not work as Queensland, indeed all Queenslanders well as they could. There is no question about and all Australians, of the escalating fuel that. Once we move to a mandatory system, prices being experienced and freeze the there is a need to indicate clearly what the fuel excise CPI price rise expected in position is. Those are just a few concerns I February 2001." have in this regard. The price of fuel has been a sore point for I now turn to sole agency arrangements. many people in this State. Not only are The Government has put in place sole agency escalating fuel costs an annoyance; they are arrangements with a sole agency period of an untenable burden for industry and families some 60 days. It is currently 90 days. I in this State. My last briefing on this issue remember when we were in Government the indicated that Australia, rather than importing then Labor Opposition opposed a change to fuel, diesel, leaded or unleaded fuels, 45 days. However, this legislation returns it to manufactures sufficient to meet our own 45 days because there are 14 days in which needs. I believe we do import some bunkering the sole agency arrangement can be renewed. and aviation fuels. So the basic question could I am not concerned so much about that be: why are we attached so deleteriously to provision, but I am concerned about its the world price? There are economic reasons workability. If it is going to be 60 days, which in for this, I am sure. What is irksome, though, is reality is probably 45 days, it will be very when the global price of fuel has such an difficult—almost impossible—for the sole injurious effect on our industries, those 4418 Fuel Prices 14 Nov 2000 industries employing families in this nation. transporters, it is fishermen—it is everybody The inactivity of decision-makers to alleviate who has some contribution to the Queensland their stress creates a great deal of tension in economy, to the Queensland quality of life. the community. Nobody in central Queensland, northern We have two separate issues that affect Queensland or western Queensland can do the price of fuel paid by Australians: the OPEC without a vehicle. Vehicles are the lifeline for cartel, which controls supply; and the fact that the community. oil is sold in US dollars and that our Australian Most recently, there has been a promise dollar has fared so poorly against the US to spend money on rural roads. This is a great dollar. Petrol prices across the State are goal to have. For all the years that I can inexplicably different. Even today, fuel in remember, local government has been calling Gladstone had a low of 89.9c per litre. I saw for a larger share of the fuel tax revenue to one price today in Brisbane at a Liberty station cover road construction/road maintenance. At at 78.9c per litre. The big difference in the the time when I was in local government, the Brisbane fuel prices could be based on two tax was at about 38c in the litre; roads were things: the fact that there is a higher volume being rebated 7c in the litre. At every single sold and that there is a greater level of local government conference that I went to, competition between service stations. But the there was a motion supported by all local area that lacks those two factors—that is, high authorities that a greater share of that fuel tax volume and high competition—is the very area come back to the local governments for road most at need: regional Queensland. Regional construction. Queensland generally does not have a mature public transport system, if it has a public The Federal Government is now transport system at all, and people who live in proposing to use the windfall derived from the those regions are reliant on their cars to get to GST on fuel to improve road conditions. I will and from work and to move children to and not oppose that initiative. Anybody who lives from school, sporting and other commitments. outside of the mature road systems of the capital cities, and particularly Canberra, would The GST has for the Federal say that there are billions of dollars that could Government—and, to an extent, the be used to upgrade the roads. But should all States—brought a windfall of income. Never Australians—and, in our instance, all before have people paid tax on services, and Queenslanders—be faced with an increase in that tax is amounting to a staggering sum. We fuel prices that will, to some extent, limit their pay tax on phone bills, tax on electricity bills, ability to use that new infrastructure? I like the tax on insurance and tax on stamp duty—a tax cartoon in today's Courier-Mail. It portrays a on a tax. And now to the fuel tax. Fuel excise, state-of-the-art road network and two blokes which amounts to almost half the cost of every walking along with Blue the dog and saying, litre of fuel, has been indexed to CPI. "Great roads; pity we can't afford to use them." Governments of both persuasions do not have That is the direction in which we are headed. to suffer any pain as their profits increase without political action. We are now calling for People who are reliant on diesel fuel are some political action. This motion calls on the ringing up asking why, for the first time in Federal Government to forgo some of this history, diesel is more expensive than windfall and recognise the pain of rural and unleaded and leaded fuels. It took me ages to regional Queensland and rural and regional get a response from the Federal Government Australia. on that one, and the response was not particularly specific. People who are so reliant When the windfall gained through the fuel on fuel for their industry's success, to enable tax was initially raised, the Prime Minister them to fulfil their obligations as suppliers, are questioned the quantum of the Federal finding that fuel has become one of the major windfall; in fact, was there a windfall at all? inputs into their business. It ought not be so. When next I heard the Prime Minister, the extra billion or so was needed to cover the The GST was implemented, and we were shortfall in the Federal Budget created by the told repeatedly that it would have no impact on greater than expected take-up of the private the price of fuel. I have read the Premier's medical insurance rebate. This is not the submission on fuel to the Prime Minister which responsibility of fuel consumers. Then it was to was tabled today. Whilst I am no expert on this build hospitals and schools. That is a laudable and my commendation means very little, I goal; no-one would argue with that. However, believe that it has been well researched and is again, it is not the sole responsibility of people a well-documented submission for Queensland who use their vehicles. Those vehicles are not to be making to the Federal Government. It just private vehicles. It is heavy industry, it is clearly tracks the increases in fuel prices and 14 Nov 2000 Fuel Prices 4419 the causes of those increases. I believe for the the power to do so, to recognise and act to most part it tracks them in an apolitical, reduce the impact of high fuel prices for petrol, objective manner. I commend the Premier for diesel and LPG. that submission, because I believe it can be Rural and regional Queenslanders have argued. borne the brunt of the fuel price increases We are not saying that roads should not since this pricing nightmare began. Unlike their receive some accommodation from the city counterparts, who are also crying out for a increase in fuel prices. I will not argue today freeze, rural and regional Queenslanders do that other strategic infrastructure should not not have the luxury of public transport to fall benefit from the windfall. But fundamental to back on, and almost every individual relies the consideration that the Federal Government 100% on their private vehicles. In travelling to should be giving this matter is the deleterious and from Brisbane, I have yet to see any effect that the constant spiralling in fuel prices outlet selling fuel anywhere near the $1 mark, is having on the fundamental infrastructure of though it is common out west. People in rural this nation: its people. Our families deserve and regional Queensland also travel greater that consideration; our businesses deserve kilometres to work and to access health that consideration. In spite of all the rhetoric services and schools, to name but a few that has been put about the need for the instances. They bear the greater burden of this Federal Government to include that funding in insidious tax. its coffers, I call on the Federal Government to The National Party held its central council recognise the cries of almost every single meeting in Kingaroy recently, and one of its person across this State that some relief be resolutions was that it would oppose the linking given to motorists from the spiralling cost of of fuel excise to CPI. But it has one major fuel. problem: the Prime Minister and the Federal It is in the hands of the Prime Minister to Government do not see a problem with this do this. It is in the field of endeavour of the linking of the fuel excise to CPI because who Federal Parliament to do this. On behalf of would want to kill the goose that lays the many people in this State—and I am sure golden egg? The National Party, being a minor subsequent speakers will echo the same player in the Federal coalition, with all its huff sentiment—I call on the Prime Minister to show and puff will not sway a Prime Minister who some compassion, some understanding of has his heart set on continuing to receive huge people who actually have to go to the petrol dividends from the fuel excise to fill his coffers. bowser, who actually have to put their hand in It will take the combined efforts of all of their pocket and pay for a tank of fuel. The us—every man and woman on the street, Prime Minister may not have to do it; the rest Independents and party members alike—to of us have to. He should allow this CPI show how strong is the will of the people. increase to be frozen so that it will give some The Prime Minister has often stated that relief to motorists in Queensland and Australia. the Government has not received any great Mrs PRATT (Barambah—IND) benefit from the fuel excise with the rise of fuel (6.07 p.m.): It gives me great pleasure to rise prices. The Federal Government receives and second the motion moved by the member excise on a percentage basis. The Prime for Gladstone. The following words are not my Minister's stated lack of understanding of how own but those of many of the people who the fuel excise link to fuel prices has given have spoken to me on this issue: "The Prime unexpected revenue to the Government has Minister is a liar and a thief." These are strong got to have the average Australian wondering words, but it is also strong emotion that has just how thick is this man who is picking the forced them to be uttered. pockets of men and women of this country. What do the RACQ, the Motor Trades Within these walls the Prime Minister's Association of Queensland, the Queensland repeated assertion that there was no windfall Chamber of Commerce and Industry, the can only be described as misleading, but Local Government Association of Queensland, outside, where the people are forced each day Agforce, the Taxi Council, the Australian to reach deeper and deeper into a pocket that Trucking Association, the general public and already has the Prime Minister's hand in it, he most politicians in this House have in is being called exactly what he is. common? All are part of an alliance to present Surprise, surprise, the Prime Minister has a united front to the Federal Government in an this week stated that he has discovered an endeavour to fight the twice-yearly increase in unexpected windfall and as some sort of balm fuel excise. They are united in their efforts to to the people of rural Queensland, who have call on the Federal Government, where it has been the worst affected, he has offered to 4420 Fuel Prices 14 Nov 2000 spend $1 billion on rural and regional roads. I COAG meeting on behalf of Queensland when have to ask: how stupid does he think the the Premiers met less than two weeks ago in Australian people are? The Australian people Canberra. I believe that all members in this are not that stupid. To the average person, a House should want Mr Howard to halt his plans billion dollars is an awful lot of money but, from to take up to 3c a litre extra from motorists. the figures supplied by the Parliamentary Let us be clear about this. Because of our Library, there are approximately 684,500 decentralisation and our regionalisation and kilometres of rural or regional roads in Australia the fact that more people live outside the which, when the billion dollars is split up, works capital than live in it, this has a greater impact out to approximately $1,462 per kilometre. As in Queensland than any other State in Main Roads will attest, that is not going to go Australia. I am sure that even the Liberal very far. Queensland has 146,338 kilometres members in this House know that their of road, which would make our share of the constituents are hurting and want their billion dollars—if it was shared equitably— representatives to tell Mr Howard not to put his approximately $213,946,156. That is not really hand in their pockets for another 3c. I call on much to get excited about but, in fact, it is Liberal backbenchers around Australia to have $70m-odd less than the $280m-plus the the courage—to have the moral fortitude, to Premier wants to spend on the super stadium. have the guts—to tell the Prime Minister to To build a normal dual carriageway in stop ripping off ordinary motorists, ordinary ideal conditions costs approximately $1.2m to Australians, ordinary families. $2m per kilometre, so we could expect this So far, the Liberal Leader in this State generous windfall to the States and Territories has backed Mr Howard; he has not stood up should give us approximately 107 kilometres of for Queenslanders. Tonight is an opportunity dual carriageway. Members will excuse me if I for the Liberal members to show whether or do not pop the champagne cork today. not they represent the families in their So we ask ourselves: is this a cynical electorates or whether they are here merely to attempt by the Prime Minister to win a few represent the Prime Minister. votes in marginal seats by offering back some Mr Hamill: There are none of them of the money that I believe the Prime Minister joining the debate. has stolen from the people? I respect the office of Prime Minister, but it is becoming too Mr BEATTIE: That is true; none of them is hard to respect the man in the chair. Nobody in the debate. wanted this GST but the alternative was not Some motorists are hurting more than attractive, either. The Prime Minister has others. Listen to this about regional hoodwinked the people once too often and Queensland: regional Queenslanders pay not they will not let it happen again. only up to 16c a litre more for their petrol than To retain any credibility at all, the Federal do motorists in Brisbane, but many of them Government must not take the people too also pay more tax. This has never been lightly. It has been reported that in the time of understood, nor has it been part of the debate Malcolm Fraser 80% of revenue raised from prior to now. fuel sales was spent on roads. Today we have Motorists in many parts of regional approximately 10%. I believe that this Federal Queensland are being hit hard by the oil Government could do a lot more and be a lot companies and they get a double whammy more generous. when the Federal Government taxes them for I support the member for Gladstone's more than their fair share. I told the national motion in which she has asked members to petrol inquiry held here at Parliament House support a call to the Prime Minister to last Friday that when the average price of recognise the negative impacts of the petrol in Brisbane was 85.5c a litre it costs escalating fuel prices on rural and regional 97.1c a litre in Rockhampton and 101.7c a litre Queenslanders and in fact all Australians. in Longreach—or almost $1.02. Federal tax increased from 44.13c a litre in June to 46.25c Time expired. a litre in Brisbane and 46.305c a litre in Hon. P. D. BEATTIE (Brisbane Central— Rockhampton. In Longreach the figure was ALP) (Premier) (6.13 p.m.): I rise to support the 45.723c, so every time petrol goes up so does motion. I welcome the motion. This is what the the Federal Government's tax. The people Government has been pursuing for the last who pay a greater share of that tax are in the two years and five months, because the vast regions. majority of Queenslanders want Mr Howard to The tax impacts can vary significantly freeze the excise increase due in February. depending on the price of petrol at a given This is what I told the Prime Minister at the location and whether it is classed as 14 Nov 2000 Fuel Prices 4421 metropolitan, regional or remote. If the Prime confusing to the motoring public than the price Minister sticks to his plan, the tax grab will of fuel and trying to understand why the prices increase to around 50c a litre. Mr Howard and move about so regularly, indeed so frequently, Mr Costello promised the people in regional and sometimes even across but a few hours. Queensland that they would not pay any more It is important that we try to disaggregate for petrol after the GST than they were paying the price of fuel and try to understand what before it. forces are at play in delivering what have been So what we have is a tax on a tax on a record fuel prices in this country. Obviously, we broken promise. The Prime Minister promised have the world oil price playing a critical role in Australians there would be not be an increase final fuel prices. We do not have any control in petrol as a result of the GST. He has told an over that and, frankly, nor does the Federal untruth; he has misled Australians; he has lied Government. We have the impact of the to the Australian people and he should rectify Australian dollar which has, of course, it. Mr Howard and Mr Costello have blamed depreciated dramatically against the US dollar their broken promise on high world oil prices. over recent months. We do not have any But the fact is that many regional control over that. The extent to which the Queenslanders are not only paying more for Federal Government could influence the petrol, they are also paying more in tax. That outcome of the dollar remains to be seen. puts the lie to the Prime Minister's argument. We have the interplay of excise, and When motorists are faced with an increase in there is certainly plenty of excise which is Federal Government excise in the price of fuel levied at the bowser, and the Federal plus GST, they are paying a tax on a tax on a Government has total control over the amount broken promise. of excise which is imposed on the price of fuel. The bottom line is that Queensland We have the goods and services tax. The Government figures show that Mr Howard can goods and services tax is a Federal tax. It afford to give all Queenslanders a tax break by would be unconstitutional for any State forgoing the next excise increase of up to 3c a Government to try to impose a goods and litre due in February. In fact, at the Premiers services tax. The reality is that only the Federal Conference he told us that there was a windfall Government can impose or vary a goods and of between $500m and $600m. services tax under the Constitution. Other Governments are lowering taxes to We have the margins that are imposed by protect the living standards of their people. the oil companies and by the retailers. We do The UK is the latest to do it. It has chosen not have any control over those. I know that good governance instead of greed. The the margins for the retailers are very slender Federal Government could easily afford to indeed. There are a lot of retailers who feel just forgo the fuel excise hike of up to 3c a litre in as victimised as the motoring public as a result February. There is ample revenue available to of the capricious pricing policies that are the Federal Budget through excess resource pursued by the major oil companies. rent tax, crude oil excise and excess GST and, We have the subsidies. The through inadequate adjustment of the excise Commonwealth provides certain rebates to in July, higher petrol prices. certain classes of vehicle users in relation to On top of all that, we still do not know diesel and in relation to certain localities. what revenue the GST will deliver to the Obviously, the Federal Government has Federal Budget. The Budget estimated control over the size of those rebates and the collections from 1.4 million registered levels of subsidy provided. The Queensland businesses. I understand that the actual Government provides subsidies. Yes, we have number of businesses registered is 1.9 million, control over that, and we have made sure that so John Howard is collecting tax from half a those subsidies are in place to try to reduce million more businesses than he thought he the impact of spiralling fuel prices on was going to. The proof will be in the Queensland fuel consumers. December mid-year review of the Federal So, in terms of some seven separate Budget. That is why John Howard is already factors that are interplaying with respect to fuel making up his shopping list of defence prices, the Federal Government has control expenditure together with his hints about more over three of them and the Queensland technology and road funding. He should look Government has control over one. We have after motorists and he should remove the exercised our influence to the fullest extent. excise increase in February. What has happened? The Federal Hon. D. J. HAMILL (Ipswich—ALP) Government promised no increase in fuel (Treasurer) (6.18 p.m.): There is nothing more prices as a result of the imposition of the GST; 4422 Fuel Prices 14 Nov 2000 yet, in the very material which has been Prime Minister has decided to implement a produced by the Commonwealth program to enhance road funding in regional Parliamentary Library and distributed by the and remote Australia to ensure that the member for Dawson we saw in black and white benefits to the production chain originally the Federal Parliamentary Library's analysis intended by the fuel rebate system are actually showing that the reduction in excise that the delivered where they were intended before the Federal Government put in place in terms of spoiling tactics by Labor, despite the mandate putting on the GST was insufficient. The given to the Federal Government by the reduction in excise was not sufficient to deliver people of Australia at the last election. a zero impact to fuel users in the country. There is no doubt that the fuel industry in Broken promise No. 1! this nation has also acted to frustrate the The Prime Minister said, "Oh, the fuel honourable intentions of the Commonwealth price issue is just a short-term difficulty." His Government. I find it impossible to account for short-term difficulty is generating an extra the recent dramatic increases in the cost of $600m for his Government—$600m straight diesel fuel. Remember that diesel is basically out of the pockets of Australian motorists and what is left over after one distils motor spirit Australian businesses. It is the Federal from crude oil. The people of Queensland are Government that can act to stop the spiral. It is continually frustrated by the daily fluctuations the Federal Government that can reduce its in the price of fuel. excise take. It is the Federal Government that I heard what the Premier had to say in the has control over three of the seven elements House this evening. I endorse some of his that deliver fuel prices. The onus is on the remarks with regard to costs. This State Federal Government to deliver. Government is prepared to accept that fuel on Let us quickly deal with two other issues. the same day can be 76c a litre south of It is the Federal Government's GST that is Brisbane, up to 89c in Brisbane and well over producing the inflation spike which is going to $1 a litre in rural Queensland. In Birdsville further increase excise in February. At the very today, unleaded petrol is $1.15 a litre but, least, the Federal Government should sanitise even worse, diesel is $1.20 a litre. In Bedourie the excise for the GST and not allow the GST this evening, unleaded petrol is $1.16 a litre inflationary impact to fall heavily on Australian and diesel is $1.25 a litre. motorists. The Beattie Government wants to pass The other big lie in this is the claim by the the buck to Canberra and absolve itself from Federal Government that, "Oh, well, all this any responsibility from inequities caused by GST money is coming back to the States." the marketing of fuel in this State. I ask That is not so. It is not the truth. The Federal Queenslanders to remember that the Premier Government knows that no State can be and the Treasurer were more than happy to try better off until 2002-2003. It is the Federal their fuel tax rort. I remind members on the Government that benefits from the windfall. other side of the House about those fuel tax Mr JOHNSON (Gregory—NPA) television ads that cost taxpayers a small (6.25 p.m.): I feel that I must contribute to this fortune, because they will see them again in debate because of the significant impact that the near future. increased fuel prices has on people in rural I rise in this House to support the motion and regional Queensland—especially the part of the member for Gladstone which calls for a of Queensland that I represent. It is the freeze on the fuel excise indexation due in significant impact that fuel costs have on the February. I believe that the excise indexation transport chain that was behind the Federal should be frozen until a full inquiry into the fuel Government's move to subsidise the cost of industry in Australia is undertaken and made diesel fuel as an integral part of the new public. taxation system. As members are aware, the I assure this House that Prime Minister integrity of this proposal was seriously John Howard and the Deputy Prime Minister, jeopardised by the Australian Labor Party and John Anderson, will make the responsible its minions, the Australian Democrats, who decision at the appropriate time, bearing in acted to prevent this subsidy flowing on to off- mind that it is absolutely paramount that we road operations, including road-building recognise the importance of keeping interest contractors. rates at a responsible coalition level, not like The Deputy Prime Minister has been the disastrous levels with which we were made aware of the concerns of motorists in inflicted by Labor leaders Hawke and Keating. regional and rural Australia who pay a Honourable members can rest assured that premium for their fuel. Accordingly, the Deputy there will be more of the same if Kim Beazley 14 Nov 2000 Fuel Prices 4423 can con the Australian electorate with tourism business. Mostly, these caravanners continuing Labor deceit because of Labor's and campervanners—these travellers around lack of guts to tell us what its tax policy is all our fair country—are young ones who have set about. out to discover their nation or are those of John Anderson's announcement of the more advanced years who have retired and $1 billion road infrastructure package is a fairer now have the time to travel and explore this way to give Australians back the extra excise country. Sadly, the reports, certainly in the money. It will help to rebuild our road area of far-north Queensland, are that those infrastructure that Labor continues to run down people can no longer afford their long until such time as we see the excise issue dreamed of trips due to rising petrol prices. addressed in February. If the Prime Minister stopped at some of I can assure the House that John the truck stops and the garages along the way Anderson is well aware of the ramifications of and chatted to the people while refuelling with the high excise on fuel. He is aware of the petrol or refuelling with food he would discover ramifications not only for regional and remote that the increase in petrol prices is a really Queensland, but for all Queensland. I urge the dreadful impost on business and that many Federal Government and the State businesses, particularly trucking businesses, Government to show some leadership in are at great risk of insolvency in the near having a full inquiry into fuel prices right across future. The tremendous additional costs to the length and breadth of this State and those trucking businesses, whose trucks bring across the length and breadth of this nation. I essential items to rural and remote say here this evening that there cannot be a communities, is a load that they cannot differentiation of 50c a litre in the cost of freight manage for much longer. The ability to to regional and remote areas when the price of compete of the big buses that carry not only fuel in Brisbane is significantly lower. Australian tourists but also international tourists Ms BOYLE (Cairns—ALP) (6.29 p.m.): I is also severely limited owing to the increase in join with honourable members of the House in fuel prices. supporting this motion. I am sure that there is Who else would the Prime Minister meet not a constituent in Cairns who would not want on his travels? He may meet some pensioners me on my feet tonight supporting this or older people on limited incomes who are motion—in fact, not only in Cairns but in far wanting to visit relatives and are travelling the north Queensland. roads to reach their families in cities such as I heard on a news bulletin before I came Mount Isa, Longreach or Cairns. He would into the House an hour or so ago that our hear from them that rising fuel prices are a Prime Minister, John Howard, is stuck in Darwin dreadful impost upon them. In places such as as we speak. Apparently his VIP jet has a Cairns itself, the Prime Minister would hear mechanical fault and he is waiting in Darwin from businesses about the increase in fuel until that is fixed. What a pity he does not get prices. In fact, a fellow in the Cairns area has in a car and drive from Darwin to Canberra. built up a truck and earthmoving business How instructive would that be for our Prime through 16 years of hard work. His information Minister! He might in fact discover how big a to the member for Barron River was that the country is Australia. The "prime miniature", as cost in diesel for him has gone from $12,000 he was referred to in the Weekend Australian to $17,000 in a short period. Of course, his by Phillip Adams, may develop some business cannot sustain that increase each perspective on the sheer size of our country. month. But more than that, our Prime Minister The Prime Minister would also hear from might discover in his drive just how expensive people in Innisfail. I have been told by the petrol is and how much the price of petrol member for Mulgrave that in the course of varies right across the north of Australia, with their ordinary travel, his constituents lose an no apparent rationality. If the Prime Minister extra $20 a week out of their pockets as a drove through the area and along the way result of the increase in petrol prices. For the filled up at petrol stations, then he might also people of Cairns City, the increase in petrol discover how relatively empty are the roads of prices means an extra $7 to $10 out of their northern Australia. Sure, there are the trucks pockets. The Prime Minister would also hear and the business vehicles plying the roads, but the anger of these constituents, because he is the roads are empty of the caravans and not listening to the people of northern campervans of all of those independent Australia. As to the extra funding for roads, we travellers upon whom many of these small all say "High time", and we hope that we in far- communities in northern Australia rely for their north Queensland get our share. 4424 Fuel Prices 14 Nov 2000

Mr Howard should listen to these people. prices. John Howard promised us that petrol The petrol price rises are not tolerable. He prices would not go up because of the GST. should cut his excise in February next year, When a joke! When diesel prices topped petrol and he should not expect to get re-elected in prices recently, the public outrage was the year 2001. palpable. Mr TURNER (Thuringowa—IND) The flow-on consequences from the (6.33 p.m.): I rise to support the motion moved interaction of the GST and the indexation of by the honourable member for Gladstone. excises are many and that is why the Beattie Rising world oil prices combined with the GST Government has called on the Federal are having serious consequences for all Government to freeze the planned excise Australians. Countries have called on the increases in February. This is something only Organisation of Petroleum Exporting Countries John Howard can do, not the Queensland to increase oil production to ease the crippling Government. We have no involvement in prices, yet four increases in oil output this year excise. Our commitment is through the have not stopped the spiralling petrol prices. Queensland fuel subsidy scheme— The Federal Government cannot control Queensland being the only State to provide world oil prices, but nor should it use that as an such a subsidy—and we know for a fact that excuse to do nothing to ease the burden of Queenslanders are sick and tired of their high fuel prices on Australians. Mr Howard taxpayers' dollars being rorted when it comes does have control over the fuel excise due to to the subsidy of fuel in Queensland. rise in line with inflation next February. With I am a member of the Petrol Price Watch crude oil prices so volatile, every increase of Committee, and as a regional member I can just $1 a barrel means an extra cent a litre at tell this House that the cost of petrol is the the pump for all Australian motorists. Add to No. 1 issue that people complain about on a this the increases in the fuel excise and regular basis. People are angry. Their hip motorists will be slugged an extra 2c to 3c a pockets are hurting, and they want answers litre at the pump. The Prime Minister and the and results. Unlike the Leader of the Federal Parliament should be aware of the Opposition, Queenslanders want an end to the hardships imposed on people by escalating rort that saw millions of dollars leave fuel prices and they should be setting about Queensland and go south across the border. restraining the rising prices. We are not about supporting oil companies This motion should not have been and those others who have been taking their necessary. The cost of fuel affects all cut and passing it on. Queenslanders. However, businesses already Unlike the Leader of the Opposition and on the breadline, trawler operators who need his Federal counterparts, who stated to run their engines continuously to trawl and categorically that there would be some to freeze their catch, and rural Queenslanders reduction in fuel excise to offset the impact of with the enormous distances that they have to the GST, we know that the reduction in excise travel are very hard hit. The extra costs for which the Prime Minister put in place has not local councils to run their vehicle fleets will been enough to offset the GST. What does mean an increase in rates charges to that mean? It means that consumers are householders. Transport companies will need worse off. The GST has caused the price of to increase freight charges, which will end up in petrol and the CPI to rise. What does that added costs to the consumer. The list goes mean? It means that the indexation of excise on. Businesses will suffer severely and some to the CPI will generate additional tax revenue. businesses could go to the wall without some What does that mean? It means that Mr restraint on fuel costs. Howard and his Government pick up the This House should be very forceful in excise—a double bunger of a win for him: no advising Mr Howard of its opinion on this compensation to the consumers for the impact matter. I fully support the freezing of the of the GST on fuel and a tax windfall into the Federal Government fuel excise price rise bargain. expected in February 2001. Are taxpayers upset by this? Too right Ms NELSON-CARR (Mundingburra—ALP) they are, and they have had enough. Premier (6.35 p.m.): The rising cost of fuel for Peter Beattie, Queensland motorists and, Queenslanders, particularly rural and regional indeed, all decent and fair-minded citizens call Queenslanders, is something that has to be on the Federal Government to remove the addressed. John Howard and his Government price spike and not take the tax windfall of have lied to the people and are not willing to excise from Australian motorists as they plan face up to their responsibilities for rising petrol to do. But it gets worse. The Queensland 14 Nov 2000 Fuel Prices 4425 coalition has tried to get out of its responsibility member for Herbert cannot convince his for the Federal Government's off-road diesel political masters that Townsville is in urgent debacle. When John Howard introduced the need of a bridge over the Upper Ross because GST, the Federal Government took over he stubbornly toes the Howard political line. A responsibility for subsidising off-road diesel 50-50 deal on a national project! I think the users. This was a role previously undertaken people of Townsville have made up their by the State Government. However, in doing minds about this coalition Government and its this, John Howard took back $175m in State GST petrol fiasco, and the word is that it is not funds that had been used to subsidise off-road good. diesel use. That has meant that many people Dr PRENZLER (Lockyer—CCAQ) who previously qualified to receive the subsidy (6.40 p.m.): Tonight City Country Alliance have now been cut out. That is the death knell members will be supporting the motion of the for many contractors. member for Gladstone, which calls for a freeze In a recent petrol price watch consultation of the fuel excise rise in line with CPI, due in in Townsville, a road hauler complained bitterly February 2000. The people of my electorate of about diesel price hikes from 67c up to 84c Lockyer are suffering. They are still suffering and then 95c, depending on where he was. from the ravages of the drought, and the The cost of fuel and the GST is coupled with businesses of the Lockyer are suffering from the fact that the Federal Government the ravages of the GST. They are suffering assesses the diesel rebate and includes it in terribly from the ravages of the uncontrolled, assessable income—first you have to, then spiralling rise in the price of fuel. All you don't. This hauler and many others get Queenslanders are suffering under these fuel about 17.8c back in a rebate, only to lose it. charges. That means that a haul to Brisbane from Mackay makes a profit of about $77. What a Today I did some research in my bargain! Thank you Mr Howard! electorate and found that 12 months ago one fuel distributor was selling diesel to farmers Despite the conservatively estimated and transport operators at 56.9c per litre. $500m windfall from these exorbitant petrol Farmers were then eligible for a rebate of prices, the Howard Government stubbornly approximately 34c per litre, bringing the refuses to give it back to motorists. The $1 effective price of diesel for farmers for use on billion that the Federal Government has farm to about 23c per litre. The current bowser creamed at taxpayers' expense under the price for diesel in my electorate is about 94c guise of the National Highway strategy is a rip- per litre, and farmers are paying between off, and it is doubly so in Townsville. Not only $1.03 and $1.06 per litre delivered onto their do people in the regions pay more for their farms. After taking the rebates that are due to petrol; the Federal Government will also punish them, these farmers are still paying around them by its blatant refusal to consider 60c per litre for diesel. This is a rise greater funding—in real terms and real dollars—the than 100% in less than 12 months. This is a critical Douglas Arterial. The promise of $20m rise that these farmers can ill afford. for this $40.7m project is sheer scorn for people living in regional Australia. This project The on-road users of diesel have is a national project, not a State project. Surely witnessed an increase of about 65% in the the embarrassing $20m offered under a $1 price of diesel over the same period. One billion National Highway strategy is a disgrace owner-driver of heavy transport in my and will leave the Federal member for Herbert electorate drives from the Lockyer to Adelaide red-faced. and back every week. His fuel bill has risen by $520 per week—that is right; over $500 each The member for Herbert should hang his and every week—and that is without counting head in shame for supporting a Government the dreaded costs of the GST. These people that ignores the regions, deliberately confuses have been struggling to keep their heads the public's understanding of what is a State or above water for years, and now this kick in the Federal commitment and robs the pockets of guts comes along just to finish them off. decent, hardworking north Queenslanders who simply want a fair go. They want a freeze on I have been contacted by several farmers excise, some explanation, a completed in my electorate whose fuel bills on farm have National Highway in Townsville and the truth. increased by thousands of dollars each month. The member for Herbert and his Government It is impossible for Australians to continue to have misinformed the people of Townsville. Mr carry this cost burden and remain competitive Howard cannot hand back excise for the good with our trading partners, many of whom are of the majority, because he needs it to fund heavily subsidised by their respective private health rebates for the minority, and the Governments. The Howard Federal 4426 Fuel Prices 14 Nov 2000

Government is continuing the long tradition of members to present a united front for the all Federal Governments going back to Fraser people of Queensland and Australia and to in the early seventies of ripping off the people support this motion as proposed by the of Australia by way of a tax known as import member for Gladstone. parity pricing on fuels. Back in the early Mr PEARCE (Fitzroy—ALP) (6.45 p.m.): In seventies, when there was a somewhat similar rising to take part in the debate I thank the man-made oil shortage, an environmentally member for Gladstone for moving this motion. conscious Fraser Government decided that the I also thank the people in my electorate and best way to teach Australians the real value of across central Queensland who have been oil was to make them pay the same price for part of the Petrol Price Watch Committee locally produced crude oil as they were paying process. They have done a tremendous job of on the artificially inflated world markets. Some reporting in to me on a regular basis. half-smart economist at the time hatched the Participation requires a bit of effort on their idea of import parity pricing. It was introduced part, but that shows that there is real concern on the basis that it was a strictly temporary in the community about petrol prices. The fact provision and that the proceeds would go to that people are prepared to make a developing alternative energy sources and fuel contribution by regularly monitoring petrol supplies as well as more energy efficient forms prices highlights how serious an issue this is. of transport in this country. Mr Speaker, I ask you: who has ever heard of a temporary tax I congratulate the Labor candidate for from a Federal Government? Gladstone, Jennifer Ellingsen, who has done a tremendous job of promoting the State I will talk about another temporary tax. As Government's Petrol Price Watch Committee. far back as 1953 Governments were playing As a member of that committee she was the same tune. Back then the Federal responsible for gathering in excess of 2,500 Government introduced a temporary tax Bill signatures for the petition tabled in the House that allowed foreign businesses to escape by the Premier. Jennifer organised a very paying their fair share of taxes on moneys they successful rally, has been busy with mobile earned in Australia. This amounted to an offices and set up stalls at local markets to increased tax on each and every Australian, promote the petition and to raise community who had to carry the load for freeloading awareness of the issue. She has also played a foreign interests. That temporary legislation is strong role in organising and promoting the still in force to this day, and this is the source Federal Labor petrol price inquiry, which I of much of what is wrong in this country. understand has been in Gladstone today. She Import parity pricing is also still in force to this has continued to raise the issue with the day and is reaping untold millions of dollars in Treasurer and has taken up the cause of off- profit for a dishonest Federal Government that road diesel users with the Federal is quietly hoarding the money. Government. Jennifer has worked tirelessly for Every time the price of imported oil rises the motorists of Gladstone and should be so, too, does the rake-off the Government is congratulated on what she has done. taking to fill its war chest in preparation for the I cannot work out why the Government next election. Members should watch what has not been able to get public support from happens then. Out will come the good old pork coalition members, in particular National Party barrel. Every marginal seat in the members, on what is an important issue to all Commonwealth will be showered with the Queenslanders. I note that tonight not one largesse of a Federal Government intent on Liberal Party member has spoken in support of buying its way back into power using money the motion. That is a disgrace and it shows stolen from the battlers of Australia. It is time exactly how the Liberals feel about this issue. the Howard Government got the message loud and clear that Queenslanders will not We have been pursuing this issue with tolerate the contemptuous way in which the the Federal Government for a number of Prime Minister is treating them. The Prime months. In the public arena, the issue is Minister should get the message that we will growing in prominence. The State not be swayed by blatant pork-barrelling that Government, and in particular the Petrol Price uses our own money to buy our votes. The Watch Committee, is getting the recognition it people who have been forced out of deserves for the effort it is putting in. Our business—and there are now quite a few of Government has the support of business and them, thanks to these fuel price rises—and off leading agricultural and consumer groups in their land by the greed of the Federal maintaining the rage against the Federal Government will not quickly forget the name of Government for its apparent washing of its their oppressors. I call on all honourable hands over rising petrol and diesel prices. 14 Nov 2000 Property Agents and Motor Dealers Bill 4427

While the Local Government Association, the PROPERTY AGENTS AND MOTOR DEALERS Motor Trades Association, the Queensland BILL Chamber of Commerce and Industry, the Second Reading Queensland Trucking Association, the Royal Automobile Club of Queensland and the Taxi Resumed from p. 4417. Council have joined us in coalition to take on Mr BEANLAND (Indooroopilly—LP) the Federal Government, members of the (8.30 p.m.), continuing: As I was saying before National Party, the Liberals and others the debate was adjourned, the Property opposite have remained silent and have not Agents and Motor Dealers Bill covers a wide been prepared to stand with this State range of industries and small businesses Government to take on the Federal across Queensland. It deals with not only real Government over this issue. They have not estate agents and motor dealers but also had the courage to stand up and take a restricted letting agents, pastoral house bipartisan approach to representing the people arrangements, auctioneers, property of Queensland on an issue that is hurting the developers, marketeers and commercial people they represent. agents who look after debt collection. So the The fuel price issue is one of the most legislation covers a wide range of aspects. complex that I have had to deal with. Like Therefore, it is only appropriate that we look at most Queenslanders, I have difficulty in a range of issues relating to those industries. understanding what it is all about. However, I In relation to sole agency arrangements, it do understand how much extra I now have to is quite obvious from looking at the Bill that outlay when I fill up at the local service station. sole agent arrangements are going to prove In a large rural electorate I am on the road unworkable within a short period because the almost every day. I see price variances ranging Bill specifies the maximum term for an auction from 2c or 3c up to 13c a litre in a 300 at 60 days. It effectively dictates that the kilometre radius. So I am very much aware of property must be auctioned in 30 to 45 days what people living in rural communities are from the date of listing. As I have indicated, paying for fuel. the time frame is simply too short for most I am talking to farmers, small businesses, properties to be promoted. It does not allow trucking companies, workers and pensioners, prospective purchasers sufficient time to and there is no doubt that the price of fuel is undertake proper inspections. We have to hurting people in rural and regional think of not only the seller but also the Queensland. I cannot believe—and I will say it purchaser. They also have to have time to again—the stand that coalition politicians are undertake proper inspections and adequate taking. We have heard the Federal time to arrange finance and other matters. Government attempt to marginalise farmers by This is a two-way exercise. We have to not labelling them as whingeing cockies, as if to only help one party but also look at how it suggest that it is only the farmers who are relates to both parties involved in any future complaining. How far out of touch is the possible transactions. The Bill as it stands Howard Government on that issue? The seriously disadvantages consumers, and that farmers are being hit with high fuel prices and is a great shame. We have to look at both so is every other Australian who drives a motor sides of the argument. vehicle. The model in Victoria allows for The Opposition in Queensland refuses to agreement for the appointment to end some challenge the Federal Government and, in 30 days after the actual agreement has been doing so, it supports the money grab by its signed, that is, the auction takes place. Under Federal mates. The Opposition here in this legislation, that is not the case. In fact, it Queensland has failed dismally in taking up simply says that it is 60 days. That will prove the fight for rural producers. inadequate for not only auctions but also private sales. Going through the whole Mr Johnson interjected. process, a considerable amount of time will Mr PEARCE: The member opposite have elapsed by the time the seller chooses should join with the Government. He should the agent to undertake the auction, which then get some strength, join together and push the has to be promoted, and possible purchasers issue. do their inspections. If the property is passed Time expired. in at the auction, there have to be negotiations with the highest bidder, and that takes time. Motion agreed to. The terms of appointment then have to be Sitting suspended from 6.51 p.m. to satisfied if it is not sold and so on. I know that 8.30 p.m. the Labor Party has a philosophical position on 4428 Property Agents and Motor Dealers Bill 14 Nov 2000 this; nevertheless, this will be seen to be give the Government the benefit of the doubt. unworkable. Unfortunately, one of the losers I am sure it is not intending for that particular will be consumers, that is, the purchasers. outcome, and the Minister quite clearly The Government has included a section indicated the position in her second-reading in the Bill relating to unsolicited invitations in speech. Everyone appreciates the inclusion of relation to marketeers. There is great concern this because of the marketeering problems. within the community in relation to this and the Therefore, it is not proposed to pick up other cooling-off period. Of course, I refer to the real sales apart from those of marketeers, but I ask estate industry with regard to the cooling-off the Minister to clarify that issue. period, not motor traders. No-one is arguing The Property Agents and Motor Dealers about marketeers, and that is fair and Tribunal is another issue of concern raised by appropriate. However, there is concern that a number of people in the community. The this will pick up other irrelevant contracts, that Government is doing away with the is, other than unsolicited invitations. If one Auctioneers and Agents Commission as it is looks at residential property sales, one can see currently comprised, and I can understand that that a person who enters into relevant because the previous Bill did likewise. In contracts is given a cooling-off period and the relation to the way the new tribunal will be set relevant section is the relevant contract. up, there are a number of issues I want to The cooling-off period for a relevant raise. Firstly, it removes the presumption of contract means a period of five business days. innocence. It reinforces the perception that The relevant contract means a contract to buy industry practitioners will not be judged by their residential property in Queensland that arises peers because current licensees are prohibited out of an unsolicited invitation to attend a from being appointed to the tribunal. It denies property information session. The Bill spells out both consumers and licensees any real right of what an unsolicited invitation is. It states— appeal against tribunal decisions. I note that appeals have to be lodged in the District Court "An 'unsolicited invitation' to a person by way of matters of law only and not on any to attend a property information session other issues and that appointments to the includes an invitation— tribunal are for a seven-year period. The (a) addressed personally to the person chairman is to be a lawyer of some five years' and sent to the person's residential, standing, which is in keeping with the other business, postal or email address; or legislation for magistrates, judges and so on. (b) made by telephoning the person, or However, the legislation specifically other person to approach the person. excludes current licensed dealers. Situations (2) An invitation to a person to attend a may arise from time to time where it is not property information session is not an appropriate to have a current licensed dealer unsolicited invitation if it is— on the tribunal. Alternatively, items may come up from time to time which may involve a (a) made at the person's request, other current licensed dealer, and that is fair than in response to an approach of a enough. There would be a conflict of interest. kind mentioned ...; or Generally, that would not be the case. Other (b) made to the public generally or a States have current licensed dealers on section of the public by media tribunals as they exist in those States. In advertisement; or ensuring that this is not the case, the Minister has gone to great lengths to ensure that (c) addressed nonspecifically and sent dealers have nothing to do with the tribunal in to the person's residential, business, any shape or form. However, situations may postal or email address. arise where the tribunal requires input from Examples of invitations addressed non- practitioners within the field. As I said, another specifically are those addressed to the owner problem is that the legislation seemingly or householder. reverses the onus of proof for those appearing That is reasonably clear, but I understand before the tribunal. I do not believe that is that the industry is most concerned that this appropriate. will pick up residential sales. I ask the Minister The legislation makes allowance for to clarify that. I read what the Minister said in electronic records in some respects but not her second-reading speech, but the industry is others. I note that transaction registers may be very concerned that it will pick up normal kept in electronic form, but there is no mention residential sales. If it does that through of employment registers. Electronic funds unforeseen circumstances or situations arising, transfers are also not mentioned anywhere then clearly that is not the intended outcome. I within the legislation. It may be that the 14 Nov 2000 Property Agents and Motor Dealers Bill 4429

Government is proposing to cover these be moved into the Treasury coffers. Well done! matters by regulation. I am sure Treasury has been looking forward The ability of industry groups to move to that for a long time. The Minister does not funds by electronic methods has always been have to tell me how happy the Treasury will be a big issue. In this day and age, I would have with this; I am sure it is delighted. Obviously thought that would have been appropriate. the Premier and the Treasurer are delighted, Given that transaction registers may be kept in because they are getting their hands on this electronic form, there should be some money, too. However, others will not be so reference to electronic funds transfers. In the delighted. absence of such a reference, it seems to me I am sure that the arrangements for that there would be problems in undertaking establishing the new Claim Fund will leave a lot transactions in that manner. of people unhappy. The next development will In this day and age, it is a very important be that Treasury will attempt through part of business to be able to move funds legislation or regulation to restrict the claims around electronically. As I said, the ability to made against the fund. Treasury will seek to keep employment registers in electronic form is narrow the opportunities for claims. After all, also overlooked. I do not know whether there these claims will now be funded through is a reason for that, but so many records today consolidated revenue. The current level of are kept in electronic format. Given that this funding of $40m to $50m will no longer exist. I legislation is designed to move the industry remember it was not so many years ago that into the 21st century, these very basic matters there was $100m in the fund. Because these need to be considered. There should be funds will no longer be set aside—I think the reference to these matters in the legislation, Treasury would use the term "lazy money" to unless the Government intends to put through describe them—any claims will now have to be a swag of regulations to cover them. However, met through what is called a claim fund, which if the legislation states that some records can will come out of consolidated revenue. That will be kept in electronic form, I believe there is no put an entirely different slant on the operation good reason for other records to not also be of these matters. mentioned. The current funds will be transferred to I think Queensland is now the only State Treasury, and that will enable the Government in Australia that continues with regulated to balance its Budget, at the expense of commissions. I accept the Government's industry groups and consumers. It is the philosophical basis for that, but I point out that consumers who will be disadvantaged by this this is the only State in Australia that still has move. This fund is set up for consumers; it is regulated commissions. All other States, not set up for the industry. The new Claim including the Labor States, have deregulated Fund will not have sufficient income derived their commissions. However, Queensland has from those who have committed some offence not followed that course. The Minister and I and been fined under the legislation. At the have had discussions on this previously. It may end of the day, I am sure that the new Claim benefit some consumers, but I believe at the Fund will not be sufficient to meet the end of the day it will disadvantage more payments required, so additional moneys will consumers because there will not be the be required from the Consolidated Fund. If opportunity to promote these places in a range that is the case, as I am sure it will be, of ways that I believe would be appropriate. Treasury will be required to find the money out The Government previously considered placing of consolidated revenue. It will not be very some restrictions on the lower amount of happy with that, so it will be looking at transactions, but I note that that proposition narrowing the scope for claims. has been abandoned. There is to be no limit; As I say, it is the consumers who will miss we will retain the current position. That will out in this whole exercise. The Government's mean the industry will be very restricted in the Budget will be balanced. These moneys are manner in which it can promote the properties vitally needed to balance the Budget. We it wants to put into the marketplace. know that this Government is the last of the The Labor Party has for a long time big spenders. It is short $50m and it will want wanted to get its hands on the Auctioneers these funds to prop up its Budget. The and Agents Fidelity Guarantee Fund. No-one Government will recoup that Budget shortfall could deny that the Minister has successfully through this process. done that with this legislation. Currently there is The legislation no longer enables $40m to $50m in the fund. From reading the advertising of the names of people applying legislation, it is apparent that those moneys will for various licences. There has been no 4430 Property Agents and Motor Dealers Bill 14 Nov 2000 indication as to why that practice will cease. services for consumers. It would be a shame if Such advertising appeared in a newspaper in we got to a situation where someone was the relevant locality so that people had an operating a dealership out of an accountant's opportunity to object to such applications. office. That is something that needs to be Quite often there are justifiable reasons why avoided. One needs to have someone on the people might object to a person making spot supervising the business of motor application for a licence under one of these dealing, not someone who is away at another many and varied categories. The Government location. is doing away with that requirement, and no doubt there is a reason for it, but I do not In recent times we have seen believe it is a step in the right direction. Given Queensland Transport privatising a number of that the Government claims to be so its operations and now it has private providers concerned about consumers having a say, this acting as agents. As Queensland Transport process does not allow consumers or anyone opts out of a number of areas, particularly in else in the community to object to an applicant the REVS area, a lot of its basic administrative who in the past may have done the wrong work is now being undertaken by private thing. It may be that someone wants to raise a agents. That means that there are private whole host of other issues regarding a certain agents' costs and that they are now passing applicant of which the registrar or the chief on those costs. They are additional to the executive officer should be aware when the regulatory REVS fees. When dealers have application is being processed. perhaps 40, 50 or 100 trades during a month, those additional fees can add up to a great I referred earlier to the education and deal of money. I do not see an allowance training modules for real estate agents and made for that made in the legislation; it seems motor dealers. Right across-the-board a need that the motor dealers will have to wear that, exists to ensure that adequate standards are even though Transport, as I understand it from set for industry. It would be a pity to see lower my checks, is moving away from these areas, standards being applied in this State than has which means that more and more been the case in the past. In a number of administration costs have to be borne by the industries we seem to have adopted a lower dealers themselves. I ask the Minister to standard because one of the southern States investigate this because there seems to me to has a low standard and we are forced to follow be no ability for those additional fees to be suit. I hope we will not see too many more passed on. examples of that. That is why it is so important to spell out the exact position in terms of Whilst I am on the subject of motor education and training for industry groups. dealers, I see the return of the provision of a 24-hour cooling-off period, provided people do There are a number of other issues I want not take the vehicle out of the dealer's yard. to touch on. Some of those relate to the issue Again, I am not sure that at the end of the day of motor traders. Historically, there has been a this will be of great benefit. Some consumers concern about the need to prescribe minimum will no doubt make some use of it, but I notice standards for motor dealerships. That concern that over that 24-hour period the motor dealers relates to backyard dealers and operators. The can take other options over those vehicles. Of Government wants to ensure that acceptable course, if someone wants to take the vehicle standards are set. The need for consistency in out of the yard, they forgo the benefit of that local authority requirements has been raised in cooling-off period. While that provision may the past. The way I read this legislation local benefit a small number of people, I am not authorities are being relied on to set those sure that it will benefit the large number of standards under town planning legislation. But people whom the Minister may have in mind. backyard dealers in motor vehicles are always a major concern. Whilst I am on those issues, I see that Managers' licences are being abolished at non-refundable deposits are allowed in certain a time when there is greater consolidation than circumstances. I presume these non- ever occurring among motor dealers. With the refundable deposits will be prescribed by consolidation of motor dealers we need to be regulation because no figure has been set. I aware that at the end of the day there can be am not sure exactly what the amount of the one manager looking after five or more motor deposit will be but it may be that it is $50 or dealers. With that consolidation occurring, $100—not a large amount of money. under this legislation there will simply be one Ms Spence: $50. licensed motor dealer but there will be no managers in the individual premises. I do not Mr BEANLAND: I take the interjection think that will lead to a better provision of from the Minister that it is $50. There will be a 14 Nov 2000 Property Agents and Motor Dealers Bill 4431

$50 non-refundable deposit involved in those I have touched on the issue of the matters. tribunal and I will not go through that again. I I am familiar with the issue of a statutory want to touch on the issue of speedo warranty. I see that claims under such a tampering. Rightly so, the Government has warranty are to go to the Small Claims gone to some lengths setting up processes to Tribunal. I am just a little concerned about the deal with the tampering of odometers. There is number of cases that might end up before the nothing in the Bill about resetting the reading Small Claims Tribunal. Arguments can arise on when the mechanical components of an a whole range of issues in relation to statutory odometer fail and need to be replaced. warranties and I think that the tribunal could Because that is particularly important, I ask the end up being swamped. I trust that the Minister to respond to that. Whilst no-one Government is making arrangements to wants to have motor dealers doing the wrong thing with an odometer, nevertheless we do ensure that there is adequate staffing of the not want people who are doing the right thing Small Claims Tribunal because sometimes we being prosecuted unnecessarily. So that is an can get a rush of these things on a small important aspect of the legislation. range of issues. At other times not many complaints are made at all, but the statutory There are a number of other issues that I warranty is a provision that I think will serve the want to refer to, but I will save those for the community well. It is just a matter of ensuring Committee stage. This is a very important that it functions well before the Small Claims piece of legislation because it relates to so Tribunal because, if there is going to be a many people operating small businesses in hiccup, that is certainly where it will occur. We Queensland. It relates to employers of such need to ensure that any complaints can be people as salespersons and administrative handled expeditiously by it. I know sometimes staff in small towns. It is about jobs, and it is consumers can gripe about a range of things, about creating opportunities. In some towns, whether they are big or small, and at other real estate agents, motor dealers and others times not many complaints are made at all. covered by this legislation provide the town with an economy. It is important legislation as This will take a while to settle in, I am sure. far as jobs are concerned. Therefore, it is Perhaps at first there will be a lot of complaints important that the legislation works, and works and then after a while they will drop off as effectively. people become accustomed to these particular matters. I believe the legislation has some problems attached to it. At the same time, The issue of brokers is contained in the legislation appears to be becoming more legislation. Again, I might touch on this more complex. It seems that we are having more when we deal with the clauses. Concern has pieces to legislation than ever. I raise this been expressed about the legislation having matter because I believe we are fast different eligibility requirements for brokers approaching the situation where we need to because brokers play a role in the motor see separate Bills for separate industry groups, trades area. simply because of the enormous size of Bills. I have already mentioned backyard Legislation is becoming very complex and dealers. If Governments are concerned about people are not expert in all areas. Salespeople the way in which consumers are treated under and others need to refer to legislation. They the legislation, one could have expected more need to be able to refer to it relatively easily provisions relating to backyard dealer and quickly. Currently they are not able to do operations. I do not see remedy by that. It takes some time to become confiscation of assets or anything like that. I accustomed to interpreting legislation. One think in New South Wales the assets of has to refer to quite a number of sections. backyard dealers can be confiscated. One of Legislation relating to one particular industry the States provides for the confiscation of the group is not covered by a couple of sections. proceeds of an offence. Backyard motor Legislation is growing in size and is becoming dealing gives the motor industry a bad name, more complex and sophisticated. That cannot so the legislation should be addressing that. be denied. I believe the situation has now The Government should be trying to upgrade been reached where Governments must the role of the motor dealer, not downgrade it. provide separate pieces of legislation for each After hearing so much from the Government industry group. about its concerns for consumers, I would Mr LUCAS (Lytton—ALP) (9.02 p.m.): It is have thought that perhaps a little more would a pleasure to rise to speak on the Property have happened in that direction. Agents and Motor Dealers Bill. This is excellent 4432 Property Agents and Motor Dealers Bill 14 Nov 2000 legislation which has been produced by the and he withdrew from his legislation the Minister. statutory warranty and the cooling-off period. This matter has had a very long and This legislation introduces a mandatory turbulent history. I remember when the statutory warranty that vehicles are free from member for Indooroopilly introduced the defects at the time of sale for the relevant auctioneers and agents legislation during the warranty period. To be fair to dealers, it is term of the Borbidge Government. That matter important to remember that cars are worth bears some observation. That was a very different amounts of money. If I buy a car for interesting Bill introduced by the member. He $2,000 I do not expect to get a car worth first detailed the legislation in an exposure $30,000. The car I buy for $2,000 will have draft. It contained a cooling-off period and a more wear in it and will be not as good. So we statutory warranty for motor vehicles. When it have a sliding scale of warranty. If the vehicle came to legislation, someone had got at the has done less than 160,000 kilometres and is member for Indooroopilly, and what happened less than 10 years old, the warranty will be to consumer rights? They went out the door! three months or 5,000 kilometres. If the That is the record of the member for vehicle has done more than 160,000 Indooroopilly. kilometres or is more than 10 years old, the When the legislation was introduced, warranty will be one month or 1,000 those opposite came up with the good old kilometres. It is important to note that that is a Liberal Party deregulation line that does the minimum warranty. There is no reason why a Liberal Party so well and gains it such great buyer cannot negotiate a greater warranty with popularity. As a result, the member for a dealer. This does not apply to private sales. Indooroopilly sought to deregulate real estate Some might argue that a class B warranty agents' commissions. What happened with is a modest one, at one month or 1,000 that legislation? The member for Indooroopilly kilometres, but it should be remembered that was knocked over by the House. The House the condition of the car is reflected in the price. voted against deregulation and the member One does not expect a new Commodore when for Indooroopilly withdrew the legislation in a fit one pays for a car that is 30 years old. It is of pique. very important to have the minimum warranty I am pleased to say that the current of one month or 1,000 kilometres because, in Minister has been consistent and has my opinion, that will at least protect the buyer defended the interests of consumers. May I from buying a bomb—the "banana in the also say that this Bill has been the subject of gearbox" syndrome where an unscrupulous lengthy consultation, including an expert report dealer has done something to the vehicle just from Professor Bill Duncan of the Queensland to get it out of the showroom and up the road University of Technology. There have also a couple of kilometres before it breaks down. been extensive public consultations. The Bill Mr Schwarten: Sawdust in the diff. was introduced in September after a period for Mr LUCAS: Sawdust in the diff, as the comments on the draft legislation in August. Minister indicated. I am also pleased to note The legislation introduces a number of that warranty disputes will be able to be very important reforms in relation to motor resolved promptly. I will not go into the details vehicles. Buying a motor vehicle is one of the of the legislation, because I know that my most major undertakings in a person's life from colleagues will be discussing that matter. An a financial point of view. Most of us buy a aggrieved person will be able to go to the house. The purchase of a car is probably the Small Claims Tribunal for any claim less than next most important financial deal that we $7,000. undertake. For some people, particularly a As a solicitor, a legal service volunteer number of my constituents, buying a car is the and a member of Parliament, the things that most important financial transaction they came across my desk all the time were make. The problem is that rip-offs complaints from people who had been ripped disproportionately happen to the young and off by the lack of a cooling-off period. It the battlers. These are the people we are invariably happens to young people who go trying to protect. Of course, someone like me out and think, "Great! I am now independent. I who can afford to buy a more expensive used have got my first job. I want to buy a car." car, or a new car, already has increased They go out and are ripped off by buying a car protection. We are here to defend the people that they cannot afford. They may not get who are likely to be ripped off. It is so sad to finance, but if they do get finance they will find reflect that the member for Indooroopilly wants themselves tied up for good. This legislation people to be ripped off. He was caught out goes a long way to helping those young 14 Nov 2000 Property Agents and Motor Dealers Bill 4433 people. The cooling-off period gives them an giving some underpinning and advice to opportunity to go home and talk to mum and consumers as to what is a fair thing. When dad, or someone else, about it. If they have industry groups want to remove scales, I have second thoughts, they can avail themselves of to say that I am naturally suspicious about it. the cooling-off period. So I commend the Minister for what she has It is not an unreasonable term. The dealer done in this Bill. has the ability to enter into an option with Of course, there is no prohibition on another trader. I can personally remember an negotiating downwards on commission. I have incident during schoolies week—and that is a to say that, when I practised as a solicitor, long time ago for me; 21 years ago—where a people were happy to negotiate with lawyers bloke I was with bought a VW fastback from a about their fees but unfortunately did not dealer at Palm Beach. He got it about 500 negotiate with real estate agents. I would yards out of the place before it broke down. encourage people to do that. That is the sort of thing that happens to young Finally, I want to spend a bit of time on people. One does not forget instances like one area, and that is the sole agency that. Members of Parliament do not forget provisions. In my opinion, of all the reforms in such things when people come and complain the Bill, this is the most important of all to about them. house buyers. Perhaps a lot of real estate I compliment the Minister on an excellent agents might not appreciate this, but can I say job. The member for Indooroopilly was caught that, time and time again, I have witnessed out ripping people off by taking out the incidents where sole agencies have not been cooling-off period and the statutory warranty. in the best interests of consumers. It is This Minister has delivered the goods. interesting to note that some people believe One of the most important transactions that a real estate agency is the greatest that a consumer can enter into is buying a example of the free enterprise system, the house. As a lawyer, I recommend that people greatest example of competition at work, but seek legal advice prior to entering into a then other people want to defend sole contract. The problem is that people sign agencies. It amazes me that, for a house contracts and then consult a lawyer. If a buyer worth $150,000 or $175,000, people are is going to pay money for a lawyer, he might signing up for sole agency agreements. For as well get value and obtain advice up front. I the life of me, in the vast majority of cases I am pleased to see that the Minister is cannot see why that is something that is incorporating in this legislation a provision that sensible or worth while doing. I realise fully there must be mandatory advice in the that, at the higher end of the market, there is contract to seek legal advice. I hope people an argument for sole agencies. If one is selling take advantage of that. People have argued a property that is particularly difficult to market, for a cooling-off period in relation to real estate then there is a very good argument for a sole sales. That is something we can look at down agency. But for the average house, with the the track. competition in the market, I wonder why having all sorts of real estate agents trying to The Minister has presented a package sell the property is not the best thing for the that contains significant advantages. We have person involved. warning statements on the contract. I am also glad to see the provisions about false This legislation does not ban sole representations in relation to the property in agencies, but it puts an initial limit of 60 days clauses 574 and 575 of the Bill. If an agent on a sole agency. As the Minister has makes false representations, he can be held indicated, that can be renewed. But at least it liable. gives the consumer the situation in which they can assess whether a sole agency has been in I am delighted to see that the Minister their interests. I know of a situation where has maintained the strong view of the Beattie people signed a 120-day sole agency. They Labor Government against deregulation and had to sell their house. They had bought that the ceiling on commissions will not be another house and they needed to sell their removed. In other States where deregulation existing house because the contract on their has been employed I have seen no evidence new house was subject to sale. Those people that it has resulted in cheaper prices. I know desperately had to sell their house at the end that is what the member for Indooroopilly of that sole agency period. Really, in those wanted to do. He wanted open slather. circumstances, an unscrupulous real estate I am consistent about this. I opposed it agent could sit back and say, "I know that they when the legal profession wanted to remove will have to sell it. I can sit back. No-one else is court scales, because I saw those scales as going to come over me." 4434 Property Agents and Motor Dealers Bill 14 Nov 2000

I cannot understand why a system cannot to say, "I want you to be fair dinkum. I want to exist wherein if agent A has a purchaser for make sure that this is written." So the agent $100,000 but knows that agent B can come puts a contract in front of those people. along with a purchaser for $105,000, which is The member for Lytton might say that not a sole agency situation, then agent A, of that is the time when people have to find a course, will try harder and harder to get solicitor. However, if people are offering a very, someone at $110,000 to get the purchaser very low price, this is a very emotional period. even more. The existing Act had no limit on Of course, for experienced people, it is a time sole agencies. People could sign sole when they do not sit down and think about agencies for 120 days or longer. Then they signing a complete contract. However, at this were trapped in a sole agency for a lengthy stage a real estate agent will not take that period. Proposed section 135 will not prohibit offer to the owner unless they sign the sole agencies but will make them for an initial complete contract. It is in that period that the term of up to 60 days. This will result in damage is done. There is no need saying that situations where people can make fair dinkum that is the period that people should find a decisions about sole agencies and whether lawyer. They do not because they do not they are the best way to sell their property. I expect that price to be the price that they will say to people that, if they were selling an finally negotiate. There might be six or seven average house, I would want to talk to my times that people go back to the real estate estate agent about why they think a sole agent with the contract and he goes back to agency is best. One of the best things people the owners with the contract. The contract itself can have is a number of real estate agents is changed in a section where the price is. The working hard for them to try to sell their details of the contract are not changed; it is property. the details of the actual price, and they are In closing, I commend the Minister for her changed until finally the signatures are there. legislative initiatives in terms of accounting to However, when the signatures are there on the clients for expenditure in relation to the estate contract at the price that the people involved agency. Often we have situations where an have agreed to, the contract is signed. estate agent will get a discount for bulk So, as the Law Society is saying, the advertising in the newspaper and, damage has been done previously. There is unfortunately, unscrupulous individuals charge no need to say that there is a warning in that them a casual rate for the advertising. Under contract, because at that initial offer, people this legislation, that will be outlawed and there do not think about that. For experienced will be a requirement to account to the vendor. people who have bought many, many houses However, I would ask the Minister whether that and many, many units, obviously they say, will be audited from time to time to see "Yes, I want these clauses inserted: subject to whether that is taking place or not. It is a very Main Roads, subject to pests, subject to important initiative. This is excellent legislation. termites." However, now the real estate agents I am surprised that the member for are saying that they have a special schedule Indooroopilly said what he did, because he that they will ask people to sign. actually presented an indictment against When buying property, I have always himself. He said nothing that was in favour of asked real estate agents to put on the the coalition. contract, "subject to Main Roads, subject to Hon. K. R. LINGARD (Beaudesert—NPA) termites, subject to pests" and all of those (9.13 p.m.): I wish to make a few comments sorts of things. However, in this case the real and ask the Minister to offer a few comments, estate agent said, "All you have to do is worry simply based on the fact that over the past few about statement 4", which stated, "If this days I have bought a housing unit. My section is not completed, the contract is not comments are relevant to some of the subject to an inspection report in clause 4." So comments of the member for Lytton. unless I had forced this real estate agent to Obviously, when people have a look at a agree to sign this part in the schedule, house to buy and they like it, the first thing that clause 4 would, therefore, not be relevant. they do is make an offer. If those people are Immediately, I would not have been subject to fairly experienced, they make quite a low offer. clause 4. In the olden days, the real estate agent took Clause 4 says that I have to get a that offer back to the owner. There was quite a builder's inspection report. I have heard the bit of bandying around but nothing was put on Minister say in this place, "Yes, there are paper. It is quite obvious that now, if people special people who have building inspection make an offer, the real estate agent is going reports." However, as a person who has 14 Nov 2000 Property Agents and Motor Dealers Bill 4435 bought quite a few places, the builder's I have done this a number of times, the inspection report is not the sort of the thing Minister should look at those concerns. that I want. I want an inspection report that Mr DEPUTY SPEAKER (Mr Fouras): tells me whether an awning is official. I want an Order! Mr Lingard, did you buy the unit? inspection report that tells me whether the swimming pool fence is the correct fence. I Mr LINGARD: Yes, of course I bought it. want an inspection report— Mr Veivers: It was a bargain. Mr Lucas interjected. Mr LINGARD: It was a bargain. But I will guarantee you, Mr Deputy Speaker—and I Mr LINGARD: I am being fair dinkum. I know you have bought many units—that you did not really criticise the member; I am just would be surprised at the changes that have saying that some of my comments are occurred recently. Real estate agents generally relevant to the things that the member said. If do not desire to have a solicitor involved in the renovations are to be carried out on a house, precontract part of a real estate transaction. As permission has to be granted from the local an experienced person, I doubt whether, given authority to do things such as build in the emotion at that time when I was making underneath the house. Sometimes the local offers, it would have been appropriate to authority will say that that area under the involve a lawyer, as the member for Lytton house can be only a rumpus room because of suggested. It is just not practical. It might be the height underneath the house. Any practical to have a cooling-off period in relation member who has carried out renovations to the purchase of a motor vehicle, as the would be familiar with what I have said. member for Lytton suggested. But he seemed However, slowly that rumpus room becomes a to indicate that that is not practical in relation bedroom. Slowly another room becomes a to real estate. He spoke about the amount of bathroom and a toilet. Any young person money spent on purchasing a car. Much more walking in to buy that house would believe that is spent on a house, and not too many people that bedroom could officially be a bedroom, buy houses. and that toilet could officially be a toilet. I believe that, if we are not going to have However, the building inspection report does a "homeworthy" certificate, there is a need for not tell me that. I say to the Minister that they a cooling-off period, just as there is in other are the sorts of things that I need to know. States. That is because the time frame for They are the sorts of things that I need to find inspection reports has been brought forward. out. A building inspection report, which, after In the old days, when I bought a house I could all, has to be signed within seven days, does make the purchase subject to Main Roads, not give me that. pests and termite inspections. But that took Because I went through that signage the whole length of the contract. I had a period on this particular unit, the sale was cooling-off period of about 28 or 29 days on finalised on the Wednesday and I was told which I could depend. But that is not the case that the contract started on the Monday—two now. As I said, the other day I had two days before—and that there was some reason days—Thursday and Friday. It is just not for it. So on the Wednesday afternoon that I practical to do this. signed the contract, I had to have an I think the Minister has listened to the inspection report by the Monday. Not many bureaucrats far too much and has not bought people are experienced enough to get a a house recently and experienced the emotion builder on the following Thursday and the associated with signing these contracts. Friday to have that inspection report Placing a warning at the beginning of a completed by the following Monday. Unless I contract is a waste of time, because most had that inspection report by 5 o'clock on agents will make purchasing customers aware Monday afternoon, unless I stated in the that there is a warning as to the importance of contract that the conditions had to be suitable a contract printed on the front of the said to me, I could not cancel the contract. This is contract. However, in the cut and thrust and getting ridiculous. fuzzy, exciting glow of the moment often I support the Law Society, which is saying experienced by purchasers being advised that that in some cases the Minister is bending their offer has, may be or should be over too far for the real estate agents. They acceptable to the vendor, said purchasers sign have forced this issue. The Minister has not without fully considering the ramifications and, concerned herself with some of the worries of more to the point, are usually not capable of the Law Society. If a person such as me can assessing the full ramifications. say, "I am surprised at this. I had worries in I believe there is something else that we signing up for a building unit", particularly when should look at in relation to the Building 4436 Property Agents and Motor Dealers Bill 14 Nov 2000

Services Authority. I will address this issue to come to a quick decision, especially as briefly, because it might be relevant to the Bill. many dealers are able to arrange immediate The Queensland Government passed finance. However, it is not only the young who legislation stating that people giving their can make the wrong decisions and find out too address to the Building Services Authority are late that they cannot change their minds. not allowed to give a post office box as an Buying a car is a significant financial address. There are many builders who cannot commitment for most consumers, particularly give a home address, because they do not the young. I remember my first car, the good have one. The Minister has written to them old yellow Gemmie that cost me $2,763. At and stated that the issue of a post office box that time, I worked as a shop assistant, and not being acceptable for receiving BSA that was how I got a loan to buy that car. It documentation is raising concern among many was a big decision. And I will not tell contractors and that, however, section 39(1) of honourable members how, after two days, I the Building Services Authority Act 1991 states ran into the clothesline in the backyard while that a register of licensees must be kept by the practising my driving. But, anyway, it was a authority. On the one hand, the Minister is good purchase at the time. saying that this must be kept by the authority and, on the other, the Minister is saying that Buying a car is a significant financial the department will not accept a post office commitment. An unwise purchase can result in box as an address. To me that is completely a buyer being tied to making repayments on a ridiculous. There are people out there who do loan for a vehicle long after it has become not have home addresses or a mailbox and worthless. The need for appropriate consumer who are saying to the Minister, "We have only protection has been addressed in this Bill with got a post office box number." The Minister is the introduction of the one-day cooling-off saying, "Therefore, you can't have anything to period for sales of used motor vehicles by do with the Building Services Authority." That is licensed motor dealers. How many stories ridiculous. have we heard about someone making a In conclusion, banks are disappearing quick buy after getting immediate finance from from country areas, and Jimboomba is a an unscrupulous car yard, only to find typical example of an area where the banks themselves suddenly in years and years of are leaving. I have now started to get into debt with no chance of paying it off unless phone banking. The trustees to which stamp their families bail them out? duty is paid will not accept anything other than In relation to sales that will not be covered a bank cheque. To a country person, running by this legislation, there will be no cooling-off around trying to find a bank cheque, for period for vehicles sold by auction, sold to example, coming to Brisbane, finding a park, another motor dealer or sold on consignment getting the bank cheque, going home and for someone other than a motor dealer or getting back to one's legal authority, is so time auctioneer. In relation to vehicles that will not consuming that it is ridiculous. If banks are be covered, there will be no cooling-off period going to close and if we are going to demand for sales of vehicles that are not permitted to a bank cheque, somewhere along the line the be registered in Queensland, vehicles that are trustee's authority for the payment of stamp unregistered and sold for wrecking or duty must accept a personal cheque, dismantling, commercial vehicles or, one of my especially if there is plenty of time to clear it. favourites, caravans—especially red ones. Mr REEVES (Mansfield—ALP) How will this cooling-off period be (9.24 p.m.): It is extremely appropriate, this calculated? The cooling-off period is for one being the week that many young people full business day. Sundays and public holidays graduate from Year 12, that this young-people do not count as business days. Clause 297 friendly legislation is to be passed through this explains how the cooling-off period will be House. The biggest loan that young people calculated and provides some examples. For take out is a car loan. We would all know of instance, if a buyer signs a contract on a someone who has made a hasty decision, Friday and that dealer is open for business till particularly young people, to buy a used car 5 p.m., the period is counted from the time the that turns out to be unsuitable or beyond their dealer closes business on the Friday or until means. Young people are a particularly the closing time on the next day of business, vulnerable group, as they are keen to buy their which will be the Saturday, assuming Saturday first car, as many who leave Year 12 this week is not a public holiday. If it is, then the cooling- will be. Their youth and their relative off period will end at the close of business on inexperience make them easy meat for the following Monday. In other words, if they persuasive marketing that makes it very easy buy the car on the Saturday, the cooling-off 14 Nov 2000 Property Agents and Motor Dealers Bill 4437 period will end at the close of business on the contains prescribed consumer information. A Monday. buyer will have the right to terminate the Buyers who do not wish to avail contract if the cooling-off clause does not themselves of the cooling-off period—and they contain the prescribed information. If a buyer would be silly if they did not—can decide to decides not to proceed with the purchase take delivery of the vehicle at any time during during the cooling-off period, he or she will the period as long as they have been provided have to give written notice to the dealer stating with the required information about the that the contract is at its end. Once the notice cooling-off period by the dealer. Motor dealers is given, it is sufficient to terminate the contract will be required to give prospective buyers a without penalty to the buyer, apart from the written statement in an approved form forfeiture of the non-refundable deposit. If the identifying the relevant vehicle and explaining buyer signed any other contracts connected how the cooling-off period works. This is an with the purchase, such as a loan agreement excellent part of this legislation. They will have or an insurance contract, they will also be to explain when it will end and the amount of terminated without penalty. the non-refundable deposit the buyer will have One of the other great advantages of this to pay. I think the non-refundable deposit is Bill is the statutory warranty. One key element about $50, which makes sure that it is not too that has been missing from the Auctioneers expensive and also gives that commitment. and Agents Act 1971 to assist buyers of used Both parties will have to sign and date the motor vehicles is any form of statutory form. As soon as the buyer signs the sale requirement for a dealer or auctioneer to give contract, the dealer must give the original copy a warranty to cover the vehicle. Under this Bill, to the buyer. Queensland consumers will finally have access The object of the cooling-off period is to to basic protections in a form that would clearly give buyers time to reflect on the wisdom of set out the entitlements and provide a proceeding with a purchase and the time to straightforward process to resolve warranty get independent advice, whether it be from disputes, and it is about time. I congratulate their father, a solicitor or from a mechanic in the Minister on including this in the Bill. The the form of a mechanical test. It facilitates the terms of the statutory warranty will be that the buyer to be able to take the vehicle from the vehicle was free from defects at the time of dealer's premises without affecting the cooling- sale and for the relevant warranty period and off period as long as it is only for a test drive or that defects in the vehicle reported during the to get that mechanical inspection. warranty period will be repaired free of charge. Buyers will be required to pay a small non- Unfortunately, it would not have covered my refundable deposit, as I said, when they agree vehicle that I purchased for $2,763, which I to buy a vehicle and have the cooling-off crashed into a clothesline. However, in this period. If buyers decide to proceed with the case, if it was a defect from the motor dealer, purchase, at the end of the cooling-off period then it would have been covered. the amount of the deposit will go towards the For vehicles with an odometer reading of purchase price. While the cooling-off period is less than 160,000 kilometres and less than 10 still running for a particular vehicle, the dealer years old at the date of sale, the warranty is will be permitted to give an option to purchase 5,000 kilometres or three months, whichever to one other person who is interested in buying comes first. That is an excellent warranty it, and that is fair enough. If there is no period for vehicles. How many times have guarantee that after the cooling-off period a honourable members heard stories about person will purchase the vehicle, it is only fair people who have bought a vehicle, say, with to give the dealer an opportunity to have an 90,000 to 100,000 kilometres on the clock and option for someone else to purchase it. The all of a sudden, about one month after it was option holder, in this case, will be required to purchased, they are parked at the lights, it pay a small non-refundable deposit, which will conks out and they find out that this has been also cover the deposit for the cooling-off period happening for the last two years and that that if the first buyer decides not to proceed with was why the dealer was trying to get rid of it, or the purchase. I assume that will be about the he had used it as a trade. same figure. If the first buyer decides not to Mr Mulherin: Don't buy a lemon. proceed with the purchase and the option holder changes his or her mind about wanting Mr REEVES: Do not buy a lemon. the vehicle, then the deposit will be forfeited. This protects the consumer from Contracts for the sale of vehicles will be purchasing those lemons. For vehicles with required to contain a cooling-off clause that odometer readings of more than 160 4438 Property Agents and Motor Dealers Bill 14 Nov 2000 kilometres, and they have obviously had a also provision for certain kinds of vehicle pretty hard life— accessories or parts to be excluded by Mr Mulherin: 160,000. regulation. A defect in the paint work or upholstery that should have been apparent to Mr REEVES: I should say 160,000 the buyer on reasonable inspection before the kilometres. For those cars that have readings purchase will not be covered, and that is fair of more than 160,000 kilometres or are more enough. Defects to parts covered by the than 10 years old at the date of sale, the warranty that arise after the buyer takes warranty is 1,000 kilometres or one month, delivery will not be covered in the following whichever comes first. circumstances: accidental damage, such as Mr Nuttall: Sell us your car! running into clotheslines, or misuse or Mr REEVES: The member for Sandgate negligence by the buyer. The warranty will not would buy a car from me, too. cover accessories that were not fitted to the vehicle at the time it was sold. If the vehicle is purchased from a motor dealer, the dealer is responsible for the When a buyer decides to buy a particular warranty, unless the dealer was selling it on vehicle that has a warranty from a motor behalf of another motor dealer or an dealer, the dealer will be required to give the auctioneer, in which case the other dealer or buyer a notice in approved form before the auctioneer is responsible. sale. This notice sets out particulars of the dealer's name, address, business hours, the Mr Mickel interjected. length of warranty period and defects not Mr REEVES: All these people in the covered. If the vehicle was bought at auction, gallery are wanting to hear this. the auctioneer will have to give the buyer a If the vehicle is bought at auction, the similar notice immediately after the sale. If the auctioneer is responsible for the warranty if the buyer decides to buy a vehicle without a auctioneer owned the vehicle. If the auctioneer warranty, the dealer or auctioneer will be sells a vehicle on behalf of a motor dealer or required to give a notice stating that there is another auctioneer, the dealer or other no warranty. auctioneer will be responsible. The statutory The terms of the statutory warranty place warranty will not apply to cars sold privately or a duty on the relevant dealer or auctioneer to cars sold by motor dealers or auctioneers on who is responsible—and so it should—to repair consignment for a private seller. No warranty a defect free of charge to the buyer within the applies to sales between dealers and warranty period. If the vehicle develops a auctioneers. The warranty will apply to all used defect in the warranty period, the buyer's motor vehicles, except vehicles that are not obligations under the warranty are to give permitted to be registered in Queensland, written notice to the dealer or auctioneer and vehicles that are unregistered and sold for to deliver the vehicle for repair. When a buyer wrecking or dismantling, commercial vehicles, delivers a vehicle for repair, the dealer or motor cycles or—my favourite—caravans, auctioneer responsible for repairing it must including red ones. Vehicles being offered for advise the buyer in writing within five business sale without a warranty by a motor dealer or days whether the defect is covered by the auctioneer will need to be clearly identified so warranty. Failure to give the notice within this prospective buyers are properly informed. It will time will be taken as acceptance that the be an offence not to identify such vehicles as defect is covered. required—and so it should be. I have a question which the Minister might Mr Veivers: Did you say "a fence" or be able to answer during her summing-up. If "offence"? that period is near the end of the warranty Mr REEVES: "Offence". period, does it cover beyond that period? Say, Mr Veivers: Don't talk about fencing. for instance, a person has a one-month warranty and on the 26th day of that warranty Mr REEVES: No, I was never good at he finds a defect and he takes the car back to that. the dealer. The dealer then has five business A vehicle will have a defect if a part of the days to advise whether it is covered or not. vehicle does not perform its intended function Does the warranty period extend beyond that or a part of the vehicle has deteriorated to an period? The Minister might want to answer that extent that it cannot be reasonably relied upon in her summing-up. to perform its intended function. Defects in the Mr Veivers: You probably did, but she following parts will not be covered: a tyre, a wasn't listening. battery, a light, a radiator hose—and don't they always fail at the wrong time? There is Mr REEVES: That would not be right. 14 Nov 2000 Property Agents and Motor Dealers Bill 4439

If the dealer or auctioneer refuses to funds transfer, which is absolutely essential in accept responsibility for repairing a defect or modern business. A number of agents no fails to repair it within 14 days after accepting longer have ready access to their own financial responsibility for repair or fails to repair the institutions, particularly in rural areas with the defect so that part can be reasonably relied closure of banks and a lack of facilities. I upon to perform its function, the buyer can understand that real estate proprietors have apply to the Small Claims Tribunal. If the been calling for two years for this provision to amount of compensation the buyer seeks is be included in the Bill. During consideration of more than the $7,000 limit of the Small Claims the Bill, I would have thought that a modern Tribunal, the buyer can apply to whichever and necessary function such as this would court has the proper jurisdiction. have been put into the Bill. When I wrote to As I said at the start of this speech, it is the Minister, I said that it was essential that the very appropriate that this legislation which is department take notice of people in the framed to protect young people, which relates industry who manage and deal with rentals on to one of the most important purchases that a day-to-day basis and who bank trust moneys young people make in their lives, the buying of on behalf of their landlords. a new car, is going to be debated and passed Whilst the current legislation does not in the same week that many young people are allow for electronic transfers and nor does the going to graduate from Year 12. As the Bill before the House, rental moneys must be member for Lytton was saying, next week transferred to the landlord's account via the many young people down the coast will bank. Real estate agents collecting rental probably go to a lot of used car salesmen fees—they might be collecting rental fees on a looking for a car to buy. It is great that this whole number of places; some real estate legislation is coming in this week for young agents look after 300 rental properties—have people, because it will give them better to transfer them to the landlord's account via protection—protection that they deserve. the bank, that is, a cheque from their trust Mr Veivers interjected. account to their general account. With ever- increasing bank fees, this system is no longer Mr REEVES: She did tell me about that cost-effective. I am certainly interested to know one, actually. Industry will know that this why this issue has not been included in the legislation is coming into effect. Being the Bill. It is an issue which is so practical and so good citizen it is, it will adopt this practice sensible. It is an important facet of modern before it is even enacted. I am sure the business today of real estate agents majority of used-car salespeople are good managing rental units on behalf of landlords. people who will recognise that the legislation is coming into effect and will adopt it. I commend Another issue I want to comment on the Minister for this excellent legislation. I am briefly is a matter referred to previously in the sure that all young people in Queensland debate, that is, the cooling-off period in the would also like to commend the Minister for purchase of second-hand cars. The such great legislation. I commend the Bill to introduction of legislation through this House the House. again and again only creates more and more processes for small business operators. It is Mr HORAN (Toowoomba South—NPA) the bane of society. Every small business talks (9.40 p.m.): Tonight I rise in the debate on the about reducing red tape. At the end of the Property Agents and Motor Dealers Bill to day, a person has to take responsibility for the speak briefly about a particular matter. I wrote decisions they make. a letter to the Minister on 4 August relating to I know this legislation is aimed at young electronic transfers. In that letter I mentioned people, but other people purchase second- constituents who had contacted me regarding hand cars. There is a cooling-off period now, the consultation draft of the Bill. They were that is, to walk away. Anyone can look at a very concerned that the draft had just been used car and say, "Yes, I like it, but I want to received and submissions were required by talk to mum and dad," or "I want to talk about that same day, that is, Friday, 4 August. They it with my wife and think about it," or "I want to received the draft that morning and go to other car yards to see what's available." submissions were required by that afternoon. Therefore, people can walk away and come While some stakeholders received a draft, they back another day. Anyone can get the RACQ, said that a number of members of the REIQ the mechanic up the road or their friend who is had not. a mechanic to look at a vehicle. Most car Their complaint, which was subsequently dealers allow people to test drive vehicles. In forwarded to the Minister, was that there was the case of young people, most agents allow no provision in the legislation for electronic them to bring their parents to look. If we start 4440 Property Agents and Motor Dealers Bill 14 Nov 2000 clogging up normal day-to-day commercial system. The Bill establishes the Property transactions with all these stipulations and Agents and Motor Dealers Tribunal to replace processes, no-one is ever going to end up the Auctioneers and Agents Committee. It will doing any business at all. have jurisdiction to conduct disciplinary A car is an important purchase, proceedings against licensees and registered particularly for young people. However, there is employees, review minor claims and other the likelihood with a car that there could be administrative decisions of the department and something functionally wrong with it. But that decide claims over $5,000 against the Claim can be applied to many other items and goods Fund. The tribunal will have a full-time that people buy, be it a stereo, whitegoods or chairperson and at least six part-time any number of mechanical second-hand members. The chairperson will be required to goods. We cannot hold everybody's hand all be a lawyer of at least five years' standing. The day, 24 hours a day. People have to be qualifications for part-time members are responsible for their own decisions. However, broadly stated to allow for a range of relevant there needs to be a fair environment where experience in law, business or community they are able to say, "No, I'll come back. I'm involvement to be represented, including not sure. I want to think about it. I want to talk experience in any of the regulated to whoever is going to provide me with the occupations. finance." If it is the case that the dealer In order to maintain the independence provides the finance through a finance and impartiality of the tribunal, a person who is company associated with the car yard, people currently licensed or who is an executive officer have the ability to talk to someone else to see of a licensed corporation will not be eligible for if they can get something better. appointment. The standing of the tribunal and respect for the authority of its decisions in the It is important to look at these issues. We community generally and for persons subject learn in life. We make mistakes, but making a to its jurisdiction demand the highest mistake when young often means that we are standards of independence and impartiality. In far better off later in life for having made that contrast to the matters concerning the position mistake. Many of us here may have of chairperson of the Auctioneers and Agents purchased something that we wished we had Committee under the Auctioneers and Agents not or we may have got excited about Act, the role of the chairperson is clearly something on the spur of the moment, but defined to include responsibility for the that is what life is about. My concern is that we standards of practice of the tribunal, the are making purchasing processes too issuing of practice directions applying to complicated and too process driven. At the proceedings and the professional end of the day, how will anyone ever do development and training of members. The business if we start making exception after fulfilment of these responsibilities will contribute exception where people require a mandatory to the professional and ethical standing of the cooling-off period? Everybody has the right tribunal as a decision-making body of integrity, now to walk away and say, "I want to think impartiality and independence. about it for another day, another month or whatever and get some advice about it." A hearing of the tribunal will generally be constituted by three members, one of whom They are the issues I wanted to raise. I will be required to be a person with legal look forward to the Minister's comments in qualifications. However, unlike the Auctioneers relation to electronic banking. I cannot and Agents Committee that always required a understand why it is not in the Bill. People are full complement of eight members plus the calling out for it all over the State, particularly registrar to make a decision, the tribunal can people in rural areas and people who have to be constituted by the chairperson sitting alone send staff downtown to do the banking. for: conducting a preliminary hearing; reviewing However, if this provision was contained in the a decision of the director-general of the legislation, that business could be done from department on a minor claim against the Claim their own premises with a minimum of effort Fund; deciding summary orders; deciding and would save everybody a lot of time and claims against the Claim Fund up to $10,000; money. deciding applications for an extension of time Mr MULHERIN (Mackay—ALP) to lodge a claim against the Claim Fund; or (9.47 p.m.): In speaking in support of the deciding an application to join parties to a Property Agents and Motor Dealers Bill, I will proceeding. This provision will allow for more focus on aspects of the Bill pertaining to the cost-effective and speedier resolution of the Property Agents and Motor Dealers Tribunal, less complex matters before the tribunal in the Claim Fund and a new compensation appropriate cases, without compromising the 14 Nov 2000 Property Agents and Motor Dealers Bill 4441 integrity of the decision making or the rights of as set out in the Bill. The Claim Fund is parties to proceedings. created by clause 408. Proceedings before the tribunal will be Most importantly, the Treasurer will be conducted with as little formality and required to transfer to the fund amounts technicality as possible, consistent with the appropriated from time to time sufficient to requirements of natural justice and the justice meet claims against the fund in any given of the cases generally. The tribunal will have financial year. Effectively, this means that power to dismiss a claim or an application for consumers for whom compensation rights are review if it is satisfied that it is frivolous, given under the legislation need not be vexatious or oppressive. It will also have power concerned that the fund will be insufficient to to exclude from a hearing people who are in meet their claims. It also means that there is contempt of the tribunal. A person dissatisfied no need for the existing Act's provisions with a decision of the tribunal will have a right requiring licensees to pay a contribution to the to appeal to the District Court only on a fund when they become licensed, or for question of law. This provision is consistent special provision to be made to levy licensees with the principles of finality and certainty that to cover any shortfall in the fund. The abolition apply to decision making by tribunals. of what is effectively a power to tax a group by executive fiat should be welcomed by industry The accountability of the tribunal will be bodies. enhanced by provisions requiring orders of the tribunal to be supported by reasons. The As under the old Act, consumers who tribunal will have power to publish its decisions. suffer a financial loss because of a The tribunal will also be accountable through contravention of the legislation by a licensee, the requirement to make an annual report that or a licensee's employee or agent, will have a will be tabled in Parliament by the Minister. right to make a claim for compensation from The report will be required to contain a review the Claim Fund. However, a consumer who of its operations for the preceding 12 months has suffered a financial loss through dealings and proposals for improving its operations and with a property developer or a property forecasts of its workload for the succeeding 12 developer's employees will not be entitled to months. make a claim. Consumers who buy a residential property from a property developer The Auctioneers and Agents Fidelity will be warned that they will have no Guarantee Fund set up under the existing Act entitlement to make a claim. This will be on the is to be replaced by a new fund called simply warning statement that will be attached as the the Claim Fund. The Auctioneers and Agents first page of the sale contract. The warning Fidelity Guarantee Fund—"the old fund"—was statement will urge them to obtain constituted as a special fund made up of independent legal advice before signing the contributions paid by licensees, interest paid contract. If the sale is one that has come on trust accounts, amounts recovered from about through an unsolicited invitation to the persons found liable for financial losses buyer, the contract will be subject to a five day compensated to consumers from the fund, cooling-off period. and interest earned on the fund itself. The Act also made provision for levying licensees Claims under an amount of $5,000— should a shortfall in the old fund occur. minor claims—will be decided by the Director- General of the Department of Fair Trading or In more recent years, because the the director-general's delegate. The Bill amount standing to the credit of the old fund ensures that the principles of natural justice far exceeded the amount required to meet all are complied with in decisions about minor claims in a given year, the Act was amended claims by requiring that: the person named in to allow funds to be made available for a claim application as the respondent is given housing assistance programs. In 1999, the Act notice of the claim; both the claimant and the was amended to change the character of the respondent are given an opportunity to make old fund in accordance with new classifications submissions on the claim; the parties are given for funds and new accounting requirements a copy of any investigation report made by an under the Financial Administration and Audit inspector about the claim and an opportunity Act 1977. The reforms meant that the fund to submit comments on the report; the was no longer classified as a special fund, and director-general's decision is made in writing, accounts for the fund were required to be kept setting out the findings on the facts of the as part of the departmental accounts of the case and giving reasons for the decision; the Department of Equity and Fair Trading. These director-general notifies the parties of the changes set the foundation for the decision within 14 days of making it; and the development of a new compensation system notice of the decision includes a copy of the 4442 Property Agents and Motor Dealers Bill 14 Nov 2000 decision and a review notice informing the various members on this side of the House—I parties of their rights to apply within 28 days to want chiefly to refer to circumstances that the Property Agents and Motor Dealers affect two constituents of mine. Their case is Tribunal for a review of the decision. directly relevant to the Bill, which introduces Claims over an amount of $5,000 will be provisions to regulate for the first time those decided by the Property Agents and Motor engaged in the residential property Dealers Tribunal. To allow for a speedy development and marketing industry to resolution of claims up to an amount of overcome unacceptable marketing practices $10,000, the chairperson of the tribunal will involving the targeting of consumers to sell have a discretion to decide them sitting alone. investment residential property, and which in As with the existing Act, there are time particular abolishes the Auctioneers and restrictions on claims. A consumer who has Agents Committee, which, on all the evidence suffered financial loss giving rise to a claim before me in this particular case, has been a must make the claim within one year of very flawed body indeed. becoming aware of the cause of the loss or It will take a little time to set out the within three years of the occurrence of the circumstances, but I believe the House should event that caused it. If the consumer has hear at first hand what happened to two begun an action in a court in connection with ordinary Queenslanders who had to seek an the matter, then the consumer must make the early exit from a two-year guaranteed rental claim within three months of the end of the arrangement on an investment property and court proceedings. A significant reform will found they had bought it at an inflated value. allow a person who fails to meet the time They were the victims of a two-tier property requirements for making a claim to apply to marketing deal, the sort of manipulation that the tribunal for an extension of time. The must be stamped out in Queensland. tribunal will have jurisdiction to grant an Trevor and Amanda Brown, who live at extension having regard to all the Pimpama in my electorate, have presented circumstances and the justice of the case arguments to me which strongly indicate that generally. they are the victims of a sharply reduced When a claim is allowed and paid from valuation on a unit they bought at Clearwood, the fund, the person named in the director- a development of 46 townhouses at 15 general's decision or the tribunal's order Simpsons Road, Tallebudgera. On 3 becomes liable to reimburse the fund for the November 1997 they entered into a contract to amount paid out to the successful claimant. buy unit 16 at the complex at a purchase price The decision of the chief executive on a minor of $169,500. The vendors were Hatlowe No. 2 claim may be confirmed by the tribunal as a Pty Ltd as owners and Forrester Kurts Property summary order that may be filed in the court Developments as developers. as a debt recoverable from a licensee with no The Browns entered into this arrangement further legal action required. having been recruited as potential buyers An order of the tribunal on a claim through a telemarketing process run by proceeding may be filed in the court as a debt Cornerstone Pty Ltd, an investment agent. recoverable from a licensee with no further The arrangement was one in which Forrester legal action required. These provisions will Kurts Property Developments guaranteed provide a simpler and speedier process of rental of the investment property at of the recovery from respondents than the process order of $170 a week for two years. Within that under the old Act that requires the Auctioneers two-year period the Browns fell into financial and Agents Committee to take action in a difficulties and as a result attempted to sell the court to recover the debt. property. On 3 March 1999, in preparation for In conclusion, I congratulate the Minister sale, the property was valued at $120,000, on introducing this excellent legislation. No whereas at purchase they had been provided doubt the consumers of Queensland will with a valuation figure of $157,000. benefit from it. The matter was referred to the Mr BAUMANN (Albert—NPA) (9.57 p.m.): Auctioneers and Agents Fidelity Committee on In speaking to the Property Agents and Motor 19 April 1999, claiming $73,527.91 against the Dealers Bill, which the coalition is not auctioneers and agents guarantee fund—the supporting because of certain aspects of the difference between the valuation and the total proposed legislation, one instance being the amount the Browns owed to their financiers. abolition of the requirement for applicants for In October 1999 a claim inquiry report was real estate licences to advertise—and lodged with the secretary of the Auctioneers numerous others that have been outlined by and Agents Committee, prepared by senior 14 Nov 2000 Property Agents and Motor Dealers Bill 4443 investigations officer Paul Entriken, then of the to provide the Attorney-General with the Southport office. This report stated that there evidence in my possession to assist him in was no evidence that the investment agents deciding that this is the proper course of concerned, Cornerstone Pty Ltd, or the action. licensed real estate agent, Torry Saunderson, The Bill before us will, I hope, put an end were liable on account of any actions they had to the sharp practices and market taken. I would certainly hope that the Bill we manipulation, or at least make these things are now debating will end the abuse of the harder to get away with. Up to now, the whole system of which the case I mention is but one process of what might be termed push example. marketing of expensive products— Ms Spence interjected. predominantly residential property—is in urgent Mr BAUMANN: There are numerous other need of investigation and then legislation to cases. set reasonable requirements as to what sellers Ms Spence interjected. must disclose about the true value of those products. It is not good enough simply to say Mr BAUMANN: Yes, we are. Certain that any prospective purchaser should obtain aspects of the Bill I made note of and I will the protection of an independent valuation in provide some more examples as we go along. circumstances where a package deal is I am sure that the Minister is listening intently offered, including access to loan funds through and I do appreciate that. a particular bank—in this case, the Bank of It is, of course, up to the purchasers of Melbourne. We owe it to Queenslanders to any service or product to satisfy themselves offer genuine protection under the law against prior to purchase that what they are buying is hidden profit merchants who evidently gamble worth what they are being asked to pay. Buyer on no-one discovering their fast and loose beware is a firm rule which the prudent will ways with the truth until it is too late to obtain always apply. That said, however, there is a redress. I seek the Minister's assurance that great deal more than indicative or this legislation promises to entrench genuine circumstantial evidence available to suggest protection. that in Queensland's property market, In the particular instance involving my particularly on the Gold Coast, elements that constituents, it is very clear that consideration constitute sharp practice are readily identifiable of their case has been deficient; it has not but not always clear to prospective purchasers. extended to questioning all of those who might The evidence is that the practice of two-tier have been engaged in the process of marketing—basically a public price and a marketing, promoting and selling the hidden price for the property being marketed Tallebudgera property to them. For whatever with a lot of hype and very little substance—is reason, the Browns discovered a 38% drop in a feature of the buy-and-rent-back market. I the market price of their property over a period suggest that some of those behind such of less than two years. This frankly defies schemes bank on purchasers not seeking to belief—unless it was similarly overvalued in the dispose of their properties within the two-year first place. That, at the very least, should have guaranteed rental period and therefore not rung alarm bells. thereafter being in a position to make claims that their property's value was unlawfully While the Auctioneers and Agents misrepresented at the time they signed the Committee is to be replaced by the new contract. Property Agents and Motor Dealers Tribunal, I In the case of Trevor and Amanda Brown, hope that this shift indicates a determination their need to sell before the end of the two- by the Government to improve its own year guaranteed rental period produced a performance as well as that of the real estate negative valuation on their investment about and motor vehicle sales industries. I hope that which they are understandably aggrieved. I am the Government now understands that it is not in a position to suggest there is positive itself a cause of long identified problems. It is proof of malfeasance by any party to the deal to be hoped that by now those opposite have in which the Browns engaged but, at the very worked out that there is actually no future in least, I believe the circumstances in which the plundering the public purse. Sooner or later Browns found themselves require the fullest people will wake up to the fact that Dracula is assessment by Crown Law. It would be in charge of the blood bank and take electoral beneficial to the aggrieved parties in this action to fix the problem. unfortunate set of circumstances if the No doubt there are, as a result, Attorney-General, as chief law officer, could administrative and financial reasons why the bring about such an inquiry. I would be happy Auctioneers and Agents Fund as it has been 4444 Property Agents and Motor Dealers Bill 14 Nov 2000 constituted up to now would therefore seek to contracts. Buyers will benefit from new reduce to almost invisible levels the amount of requirements for warning statements and money it pays out on claims against it. No one precontractual disclosure. In general, contracts could object to the Government placing for the sale of residential property will not have emphasis on public housing—and we all know a cooling-off period. These contracts will be that this is where quite a considerable amount required to have, as their first page, a warning of the money from this particular fund statement informing buyers that they will be goes—but this should not be achieved, even bound by the contract as soon as both parties at the margin, by raiding moneys which exist to have signed and advising them to seek the compensate people in the private housing advice of an independent legal adviser before market for financial injury meant to be covered they sign the contract. by the fund. The precontractual disclosure under The Auctioneers and Agents Act 1971, clause 138 requires that, before a prospective which is to be repealed by this legislation, has buyer signs a contract to buy a residential not, it is generally agreed, been able to property, a real estate agent or salesperson accommodate evolving business practices and acting for the agent must disclose a range of community expectations for appropriate matters in an approved form. These matters safeguards in the marketplace. Marketeering is include any personal or commercial one such area in which operators have been relationship the agent has with anyone the causing significant consumer detriment. It is agent refers the buyer to for professional time for a clean-out. In that regard, it is services in connection with the sale. pleasing to see that clause 574 relating to The disclosure must include information false representations about property prohibits about any consideration the agent expects to a person from making false or misleading derive from a person the agent refers the representations about the property and places buyer to for services in connection with the on the person making the representation the transaction, including the amount the agent onus of proving that the representation was expects to receive. Disclosure will be effective made on reasonable grounds. In other words, only if it is made in the approved form before it should encourage greater responsibility on the buyer signs the contract and if it is the part of those who are in business to turn a acknowledged on the approved form by the profit from the sale of real estate. buyer. An agent who does not comply As I have previously mentioned, it does commits an offence. In the case of sales seem strange in these circumstances that the made by a licensed property developer, the Government proposes to drop the requirement developer must also disclose that he has an for prospective dealers in real estate to interest in the property being sold. advertise their proposed entry into the industry The prohibition of licensees or their so that anyone who might have grounds to employees making false or misleading object to a person is given the opportunity to representations about property is stronger and do so. Perhaps the Minister has reasons and clearer than in the existing Act. A false or will expand on them when she sums up. It misleading representation about the sale of seems to me that this might be yet another property expressly includes such case of this Labor Party Government, the party representations about: the value of the of the back room deal, deciding what is best property at the date of sale; the income- for the people and then telling them what that earning potential of the property; the previous decision is. I note for the Government's benefit sale history of the property; and the income that the political times have changed. People tax benefits of buying the property. are no longer prepared to put up with being told by squadrons of experts paid by the If a complaint is made about a licensee's Government what they should do and when or employee's conduct involving an alleged they should do it. We need responsible false or misleading representation, the director- legislation on these matters delivered in a general of the department will have power to timely fashion. require that person to provide written proof to substantiate the representations. These Ms NELSON-CARR (Mundingburra—ALP) reforms will make a real difference to efforts by (10.08 p.m.): I rise tonight to speak to the the Office of Fair Trading and industry bodies Property Agents and Motor Dealers Bill 2000. I to eliminate improper and unacceptable selling would like to focus on buying a house and the practices that cause particular difficulties to real estate agent reforms. consumers buying residential property and The Bill introduces consumer protection adversely impact on the reputation of the real measures that will apply to residential sales estate industry. 14 Nov 2000 Property Agents and Motor Dealers Bill 4445

Real estate agents and property unscrupulous operators to purchase real developers marketing residential property will estate of dubious quality, value and financial be subject to mandatory enforceable codes of return, it is timely for Governments to step in to conduct that will be prescribed by regulation. A provide a degree of protection for the seller or a buyer who is aggrieved by the unsuspecting public. The vast majority of conduct of a licensee or employee in handling people in the real estate industry would their business will have the right to make a support and applaud this change, as the poor written complaint to the department. reputation of the few unscrupulous operators Finally, if an investigation discloses that tends to rub off unfairly on them. the code of conduct has been breached, the The new licence category of restricted director-general will be able to bring disciplinary letting agent to cover agents who collect rents proceedings against the person responsible in and provide letting services for owners in multi- the Property Agents and Motor Dealers unit buildings is long overdue, as I understand Tribunal. I commend the Bill to the House. that this is a particular segment of the industry Dr PRENZLER (Lockyer—CCAQ) which receives a disproportionately large (10.12 p.m.): I rise today to speak to the number of complaints. Property Agents and Motor Dealers Bill. The object of the Bill is to repeal the Auctioneers In relation to the establishment of the and Agents Act 1971 and introduce a Property Agents and Motor Dealers Tribunal, I complete new legislative scheme to govern the feel that it is indeed important to have one functions of real estate agents, restricted member with a substantial legal background letting agents, auctioneers, property who can provide timely and accurate guidance developers, motor dealers and commercial in regard to specific issues of law, but I do agents. The proposed regulative framework have reservations—and I will ask the Minister seeks to achieve a balance between the about this—about the possible make-up of the interests of trading enterprises that really remainder of the tribunal. I would go so far as operate in the market place and the needs of to say that members of the legal fraternity consumers for appropriate protection in their should be specifically excluded from holding dealings with traders. any of the part-time positions on the tribunal for the simple reason that the general public The Bill, for the first time in Queensland's has a deep distrust of such organisations history, seeks to regulate those engaged in when they are seen to be weighed down residential property development and the unduly with legal eagles. marketing industry to overcome unacceptable marketing practices involving the targeting of Unfortunately, after a period of time these often gullible consumers to sell investment tribunals seem to be resting spots for property. Such marketing practices have unsuccessful lawyers who seem to gravitate to consistently been commonplace in hot such positions. It is my view that experienced property investment areas such as the Gold members of the general public, who do not Coast. These practices have found consumers necessarily have any letters after their names, not being protected under the existing Acts. are far more likely to bring down balanced and It is pleasing to see the Government sensible decisions in what are likely to be acting to provide appropriate and effective relatively simple legal scenarios. safeguards for consumers who, in the course I note that the tribunal will have access to of business, deal with licensees and a claim fund from which to pay successful employees in the real estate and motor claims by persons who suffer financial loss dealing industries. It is always difficult to strike because of a contravention of the Act by a the perfect balance between protecting the licensee or registered employee, and that the interests of a sometimes gullible and naive Treasurer will be required to transfer amounts public from the predatory intentions of a tiny to the fund sufficient to meet all claims in a fraction of operators and providing a legal particular financial year. I further note that, framework within which the overwhelming, when a claim is allowed and paid from the honest majority of trading enterprises can fund, the person named in the chief operate without undue restriction. executive's decision or the tribunal's order This new section that deals with property becomes liable to reimburse the fund for the developers who, up until this time, were able to amount paid out to the successful claimant. operate without appropriate licensing is While I applaud this situation, I wish to ask the certainly a step in the right direction. When Government why it cannot do a similar thing in ordinary people, many without any business relation to the Queensland Law Society Fidelity experience, are targeted by sometimes Fund. 4446 Property Agents and Motor Dealers Bill 14 Nov 2000

As honourable members should be already reeling under the pressures of aware, the Law Society fund is in desperate increased fuel prices, the GST and drought, to financial straits due to pilfering by this and name but three. previous Governments, but any shortfalls in In relation to the used motor vehicle the balance of that fund have to be made up industry, it has been brought to my attention by other practising lawyers throughout the by several businesses that, while reputable State who, for the most part, are completely dealers have no basic problem with statutory blameless and have no control over their warranties and cooling-off periods and the like, errant colleagues. This seems to be a fairly they do have a problem with the increased blatant example of a lack of fairness on the workload and expense incurred in meeting the part of this and other Governments. paperwork requirements of these initiatives. Clause 133 of this Bill requires that a real The new statutory warranties are, in principle, estate agent must be appointed by the client only reflecting what most good business on the standard approved form in writing and operators are already providing to their clients. that, amongst other things, the form must Last night on television I saw reference to state the fact that the fees, charges and safety certificates that have been issued to commission payable to the agent are motor traders. I can see good reason why this negotiable. legislation should be enacted. There are unscrupulous dealers out there, and they It is my understanding that the certainly came to the fore on last night's commission payable to an agent on television program. We have to do something completion of the sale of a residential property about these people. This legislation is deficient is set at a maximum of 5% of the first $18,000 in that it does not clearly define what is and plus 2.5% of the remainder of the sale price. what is not covered by the warranty. I am While this commission has, I believe, always going to ask the Minister to comment on this, if been negotiable downwards, in practice it very she can. rarely varies from the maximum set by regulation. The Bill refers to certain things that are excluded specifically from the statutory Whilst I readily accept and endorse the warranty such as tyres, batteries, lights and need to provide a significant degree of radiator hoses, which most dealers would have consumer protection to people inexperienced no argument with. But then clause 319(a)(vi) in the property market, I feel that it would be states— much fairer to all parties if the commission "Something else prescribed under a payable on residential sales below a certain regulation." value—say $200,000—was fixed by regulation with no right to negotiate. I have some good A number of motor dealers have expressed to reasons for this. The result of this legislation's us concern about this clause. I ask the Minister requirement to remind all clients of the if in her reply she could give us an example of availability of negotiation will be to drastically what "something else prescribed under a reduce the net income available to agents. I regulation" could mean. say this because in an already highly If this Bill is to be welcomed and accepted competitive industry, operating on extremely by the mainstream motor traders, then it low profit margins, businesses, particularly should perhaps spell out in detail the items or those operating in rural and regional towns, will parts of a motor vehicle that are either covered have their income reduced to below break or excluded by the statutory warranty. even and gradually go broke. Legislation that is presented to this House This in turn will leave a void which will be must in itself be presented in a manner that filled by big city based agents providing a makes its content clear and unambiguous to much reduced service based on the Internet, the people who have to work with it. etc., thereby depriving small towns of the The other aspect of car sales that benefits of yet another industry destroyed by concerns me relates to the proliferation of Government. I accept that such a scenario is unlicensed car dealers who often operate out not the Minister's intent, but when drafting of backyards and along our roadways. legislation for the entire State one has to keep Unfortunately, this Bill does not address in mind that there are great variations in adequately the problem of backyard and business conditions between the affluent unlicensed dealers, who are selling and will suburbs of Brisbane and struggling towns such continue to sell motor vehicles using methods as Gatton, Kalbar or Gympie. The real estate that undercut the profitability and, therefore, agents in this type of town do not have the viability of the reputable dealers. At the same capacity to absorb more costs. They are time, the actions of these unscrupulous 14 Nov 2000 Property Agents and Motor Dealers Bill 4447 minorities cause great harm to the reputation not seen her for two weeks. He tells me that of the industry in general. If this legislation will yesterday he went to see her because there adequately address the problem of was a property that had come onto the market backyarders, thereby removing unfair that he thought would be just right for her. competition, I am sure that the reputable and However, she said, "You're too late. I licensed dealers would feel better rewarded for purchased a property yesterday. They rang me their efforts in coping with the extra paperwork from the Gold Coast and they just offered me that relates to this legislation. this wonderful deal. So I have bought myself a If the Government wishes to take the unit on the Gold Coast." This man asked, "For position that it is responsible for removing how much?", and she told him. On the virtually all risks to the public when purchasing information that we have in terms of vehicles, then it should also provide adequate understanding the marketeering and the sorts protection to legitimate businesses that try to of losses that have been sustained already by do the right thing. Whilst this section of the Bill other people, we are in a fair position to predict that protects the motor trader sector concerns that she will be seeing the end of about me, this Bill certainly goes a long way to $50,000 for no good result several years down protect often gullible consumers. The Bill has the track. received wide support from many stakeholders The harm to these good Australians, but in the associated industries, including the Real often people who are unsophisticated in real Estate Institute of Queensland, the Australian estate practice —not used to the fancy selling Finance Conference, the Queensland techniques, the silver tongues of the Resident Accommodation Managers marketeers—is to be brought to an end by the Association, the Queensland Consumers provisions of this Bill. I congratulate the Association, the RACQ and the Motor Traders Minister on that. The provisions that we are Association of Queensland. At this stage, hopeful will substantially bring such practices to we cannot see any argument for not an end will expose the marketeers. Those supporting this Bill, as the Opposition seems to provisions contain warnings and cooling-off be doing. We will be watching with a lot of periods. We hope that those provisions will interest the following speeches and also the solve this problem of marketeers for now and debate during the Committee stage. However, in the future. at this stage we will be supporting the Bill and The real estate industry in general we thank the Minister for bringing it to the welcomes the other provisions in the Bill. Yes, House. the industry recognises that it will impose some Ms BOYLE (Cairns—ALP) (10.22 p.m.): In additional administrative burden. It also speaking to this Bill, I will be as brief as I can. I recognises that standards are going up and agree with the sentiments that have been that that is also an extra burden of expressed so well by members on this side. responsibility that it will have to carry. However, However, in Cairns a particular element of this at the same time, the industry recognises that Bill will be welcomed widely not only by the real it is inevitable and, while not necessarily easy estate industry but also by some of my to manage in its early stages, it is the right and constituents who have been prey to proper thing to do, particularly as it will protect marketeers. Although in recent years it has consumers against the unfair people in the been recognised as a more serious problem business who have not been trading properly. on the Gold Coast, unfortunately marketeering The impacts on those so-called real estate has come to Cairns. I would like to thank agents will, indeed, be welcomed. The particularly Mr Bob Norman and some others provisions in the Bill that relate to motor who are in the property and development dealers will have a similar effect. business in Cairns who brought this matter to May I add to this short presentation my my attention and who have participated in the congratulations to the Minister and her staff for consultation processes, thereby contributing to the thorough consultation that has occurred the development of this Bill, in order to rein in with all the representatives of the industry this gross, dreadful practice through which, bodies from around Queensland over the past unfortunately, people in Cairns have lost 18 or so months. These are difficult matters. money. However, there has been ample opportunity In fact, even tonight I was told of another for all of the industry bodies to have their say, example occurring in Cairns. One of the good to consider the issues contained in the drafts real estate agents in Cairns was dealing with a and to come back to the Minister with further woman who was in a position to invest in a opinions. That is indeed to the Minister's credit second property. For some time he had not and to that of her staff. Certainly on this had anything to suit this women and so had occasion, it has been pleasing that people in 4448 Property Agents and Motor Dealers Bill 14 Nov 2000

Cairns who have been concerned about these Unfortunately, I have to say that not much of it provisions have had a chance to have some was very positive. I am sure this will come as a direct input into them rather than that input total surprise to the Minister and members being left to the peak bodies in Brisbane, with opposite. I listened to the contribution of the the people in Cairns hoping that they spoke for honourable member for Cairns, who said that them. I thank the Minister very much for her the real estate industry supported the effort. I do indeed support this Bill and legislation. She was obviously speaking to real commend it to all members of this House. estate agents with quite a different mentality Mr SANTORO (Clayfield—LP) and view on this Bill from the ones— (10.27 p.m.): It gives me pleasure to be able Ms Spence: Did you consult any to speak to this Bill and to support in particular consumers? the comments made by the shadow Minister, Mr SANTORO: Yes, I did consult the honourable member for Indooroopilly. consumers. In the overall course of our daily It is my respectful submission that, lives we mix constantly with consumers— tonight, we are in this place debating this Bill constituents, family and friends. Yes, I did because the Government cannot manage its consult with a lot of those people who have legislative program. It is running late and, as a bought and sold houses and motor vehicles. consequence, so are we. I am sure that no They agreed that some of the provisions in this member of Parliament objects in any way to Bill are to the advantage of the consumer. If working into the evening to help the that is what the Minister wanted to hear me Government achieve its chief objectives, in say, I have said it. Was she trying to make a particular, running the State. point when she asked me that question? Was However, that is where there is a problem there a point that she was trying to make? We with this Bill. It is not a good Bill. Some of the are capable of being positive and giving credit people to whom I have spoken about it—and I where it is due. The shadow Minister was not have spoken to a lot of people, particularly totally negative about this piece of legislation, constituents of mine—think that it is a bad Bill, and nor were other members on this side of and I agree with them. I am all for steady the House. progress and sensible reform. We on this side The Minister can pretend that suddenly of the House do not believe in Government by she is not interested, but there are some big diktat or administration by stealth. We believe problems with this Bill. I am here in this place in open Government and in real community to outline them on behalf of the people who interest and participation in the process of did take the time to speak to me. Tonight I will debate. put forward their views and those of the peak This morning during question time we industry bodies, the Real Estate Institute of were treated to yet another hysterical Queensland and the Motor Trades Association performance by the Premier. With respect, he of Queensland, with which I also consulted answered nothing. He announced another of and whose views are supported by many of his shambolic jobs, jobs, jobs coups for the rank-and-file operators within my Queensland—another project. electorate. I need to report to the House that Ms Spence: This is very relevant to the when I did speak to a lot of my practising legislation, isn't it? constituents on these areas of policy they invariably said, "The interests of this industry Mr SANTORO: I am coming to the have been very well represented in relevance. The Premier announced another consultations and negotiations with the project that started long ago, which was Government by our peak bodies." I give credit brought to the point where it could flower by to the REIQ and its executive director, Don the coalition in Government. The Premier said Mackenzie, and his other officers, and to Tony nothing that we had not heard before— Selms, the Executive Director of the Motor nothing that did not sound like a broken Trades Association. It is not often that people record. This Bill—and this is where it is in representative positions, including some of relevant—seems to owe something of its us in this place, get positive feedback. I put on substance to the same provenance. record that the constituents in my electorate When this Bill was introduced, I sought basically referred me to the submissions of comment from 200 real estate agents and those peak bodies when I asked them for their motor dealers enrolled in my electorate of views in relation to the matters we are Clayfield. I wrote to them and I let them know debating tonight. I place on record my thanks the details of the Bill. I even circulated the for their interest and time and for the advice Minister's second-reading speech. I received that those peak bodies and their members many queries and a lot of feedback. have provided to me. 14 Nov 2000 Property Agents and Motor Dealers Bill 4449

Firstly, I turn to the concerns of the motor person doing the selling or the auctioning. industry and the MTAQ which, neither I nor my That is something that is of real concern to the friends on this side of the House were motor industry. If it is not addressed in the surprised to learn, proposes improvements to amendments tonight, the Minister will have to a number of areas in the Bill concerning the come back eventually and amend this section public and also the industry itself. However, of the legislation as well as many other before I join my colleagues in placing on sections that have been mentioned by record these chief concerns, there is one little members on this side of the House. oddity that I would bring to the attention of the Of particular interest to me is the definition House and the Minister. Perhaps in her of "business day". Having been the Minister summing-up remarks she might explain why previously responsible for the administration of such an oddity is allowed to exist. trading hours in this State, I can see why the I refer to the issue of odometers. The concerns of the motor dealers are being oddity is that this Bill is not concerned with expressed to members such as me. The odometers. The issue of replacing an proposed definition of a "business day" may odometer or resetting the reading—speedo need to be altered eventually to recognise the tampering, when it is done with fraud in approved trading on certain public holidays mind—does not appear to be addressed. and, therefore, would be better described as Motor dealers and the MTAQ believe it is per the "trading hours non-exempt shop selling imperative that clear guidelines be established. motor vehicles" as prescribed by the Perhaps in this we have clear proof at last that Queensland Industrial Relations Commission's the Government is interested in winding back orders regulating trading hours. Again, the clock or in disposing of rusty utes, shall we regulations and legislation dealing with trading say. hours have a major impact on lifestyle and on the time that motor dealers and real estate I now turn to some of the specific agents are able to spend with families and concerns of motor dealers and particularly the doing things other than work. Again, I would MTAQ. Their concerns basically lay in four strongly recommend that the Minister have a areas—business addresses, brokers' record close look at the concerns that have been keeping, acting as a motor dealer, and expressed in this area. property agents and the motor dealer tribunal. I will deal with those in the order in which their Non-refundable deposits are also of concerns were presented to me. For the concern to motor agents, and not because record, they are the four major areas of they want to have a big deposit in the hope concern. that people will forfeit their deposit once they decide not to buy because of whatever One of the major concerns relates to circumstances. Certainly, the motor dealers to managers' licences. What motor dealers and whom I spoke believe that the level and the the MTAQ suggest is that there should be a amount of deposit prescribed in legislation will very clear definition of the responsibilities of have very little influence on the retail customer. the principal licensee and the employed It is the belief of motor dealers that non- licensed motor dealer. They contend that it is refundable deposits need to be far more not acceptable that an employee acting under substantial than what has been suggested the direction of a principal licensee should be and stipulated in this legislation. Dealers fear bound by the same level of responsibility as that they will be faced with stock being the principal. They basically believe that having contracted out of the market by a prospective a manager's licence as well as a dealer's purchaser on high-volume sales days, such as licence with clearly defined responsibility is a Saturdays, or on other days when trading will far more equitable situation under this be at a higher level, and the purchaser will legislation than what is being proposed. withdraw or may be very tempted to withdraw There are also concerns relating to on Monday, which is a low-trading day. guarantee of title. Motor dealers and Earlier I spoke briefly about the rights of auctioneers are often selling vehicles on behalf consumers, and only as a result of an of owners. This Bill wants them to provide a interjection by the Minister. Certainly, there is guarantee of title on a vehicle in which they do something here that is of concern to not have any interest when it comes to title. consumers—people who buy vehicles from They are still of the belief that they are agents motor dealers—and that is the issue of and they are not owners and that it is the statutory warranties and mediation. Except for owner who should provide the guarantee of a reference to the Small Claims Tribunal in title, and therefore the legislation should put section 324, this piece of legislation appears to the onus on the owner rather than on the be silent on the issue of dispute resolution. 4450 Property Agents and Motor Dealers Bill 14 Nov 2000

Motor dealers believe that both the consumer because you don't know what you're talking and the dealer will be disadvantaged by the about. lack of an effective dispute resolution process. Mr SANTORO: With respect to the They are suggesting to the Minister that again Minister, I think that, as the honourable this is another area that needs to be looked at. member for Indooroopilly and others before There is also a section which defines me have said, at sometime in the future this acting as a motor dealer. In addition to the legislation will again have to be amended by penalties prescribed for an industry or the Government—that is provided the corporation convicted of acting as a motor Government gets itself elected in six months' dealer without a licence, we believe the time, which at the moment even he would following should apply. Before I outline what have to admit is highly unlikely. He should the MTAQ wants, I should say that it should be listen to what I am saying. I am representing commended for wanting penalties as strong as views for which he obviously has absolutely no this included in the legislation. Again, motor respect. Again, he is demonstrating an dealers, like politicians, real estate agents and arrogance and an unwillingness to listen to the other people, are much maligned in the views of people. I think it is one of the major community. But I think the vast majority take reasons why his Government is in so much their responsibilities very, very seriously. The trouble. The sooner they come to realise that, MTAQ believes that the confiscation of assets the better chance they have of getting derived from proceeds from the offence should themselves out of the mud that they are in. be very much a component of a Bill such as Unfortunately, because he cannot help himself this. Those assets could include any interest in and members like him cannot help real or personal property, inclusive of motor themselves, they are in the trouble they are in, vehicles, derived by that person or corporation and I say that with every due respect. The as proceeds from the commission of an Minister will have her time to reply. People will offence. Again, I go on record as commending be reading very, very carefully what she says. the MTAQ for taking such a strong moral If they disagree, they will take out their position in relation to ill-gotten gains by particular— unscrupulous people who masquerade as Mr Schwarten interjected. something that they are not. Mr SANTORO: I was going to be much A theme that cuts right across this Bill is briefer than this, but you have again the representation on the Property Agents and interjected. Motor Dealers Tribunal. The concerns of motor dealers are shared by the REIQ. Basically the Mr DEPUTY SPEAKER (Mr Reeves): Bill specifically excludes current licensed motor Order! I remind the member for Clayfield to dealers and real estate agents from being speak through the Chair. appointed to the tribunal on the grounds of Mr SANTORO: I return to the concerns of potential conflict of interest. There are two the REIQ. It strongly supports the points that I would like to make on behalf of Government's desire to create legislation to those to whom I have spoken. First of all, regulate for the protection of consumers and under the Government's proposals there is a to promote freedom of enterprise in the lot of current specialist expertise that will be marketplace. That clearly is one of that excluded from being on the tribunal. organisation's stated objectives. We on this Mr Schwarten: You are condemning the side of the House also support them. The Building Services Tribunal then, the tribunal we issue is whether the Bill actually delivers what have for the builders. its proponents say that it will. The REIQ also has specific concerns which I know have been Mr SANTORO: I could not quite hear the directly delivered to the Premier and to other Minister. members on the Government benches. Mr Schwarten: What you're condemning The member for Indooroopilly has already now is the tribunal we have for builders. raised the question of the fact that, under this Mr SANTORO: No. legislation, citizens and the industry will no Mr Schwarten: Yes, you are. There are longer be able to object to the granting of a no experts on that, according to you. licence. That is another consumer right which has been eroded by this piece of legislation. I Mr SANTORO: I do not know that I am do not hear the Minister interjecting now on condemning that tribunal. I am stating a behalf of consumers, but that again is general principle here, and it is my view. something that perhaps the real Minister may Mr Schwarten: That is what you are be able to answer—why the ordinary person saying. I don't mind interjecting on you out there cannot object to the granting of a 14 Nov 2000 Property Agents and Motor Dealers Bill 4451 licence. The REIQ is also concerned that much enthusiasm. That is the reason why we decisions on claims below $5,000 are subject will be opposing it. to merit review only by the tribunals and that Time expired. parties to a claim against the fund before the tribunal lose rights of appeal except on matters Mr PURCELL (Bulimba—ALP) of law. Again, the Minister may care to explain (10.47 p.m.): It is with great pleasure that I rise why that is the case. to speak on the Property Agents and Motor Dealers Bill 2000. I want to talk for a short There are many other matters of concern period of time about marketeering and about to the REIQ. It is concerned about the chief how for some years now marketeers have executive's powers to delegate to any public been operating in Queensland and have been servant of any rank. Again, it fears that there ripping off mums and dads who were looking will be a loss of expertise and responsibility in to invest some money for the future. terms of the way that those delegations will occur. It also is concerned that competency Normally when people enter the standards and other criteria for licensing residential property market, the first thing they purposes should be contained in the principal do is identify themselves as prospective home legislation rather than the regulations. It thinks buyers and start looking for a property that that those competency standards and criteria suits their needs and budget. I did that when I are important enough to be included in bought a home that I wanted in Brisbane. I legislation. As I said, citizens and the industry spent about seven or eight months looking at in general can no longer object to the granting properties. You get to the stage where you are of a licence. It regards that as a major sick of looking at them, but you get to know retrograde step. The functions and the powers the market and the values. I wanted to live at of the tribunal are other concerns, and I have Cannon Hill, which was the in place then—a elaborated already on that, with the assistance short stagger from the Colmslie Hotel. It was of the Honourable Minister for Housing. I stand where all my mates lived and it was the in by the concerns that I have expressed on place to live. I could not afford to live there behalf of both the motor dealers and the real because the properties there were about estate agents within this State. $26,000, and some up to $30,000 at the time. Mr Schwarten: None in my electorate. I ended up going over to where I am now at Balmoral. I bought a cheap place over there Mr SANTORO: The Minister should go out for $22,500 because that was all I could and consult with them just as I did. afford. But I knew the market by the time I Mr Schwarten: I have. bought. My daughter did the same thing. She Mr SANTORO: I would be surprised. I went out and spent about six months looking might circulate this speech and his interjections at houses in and around my area and, in fact, and we will see what they have to say about it bought a place at Norman Park for $110,000 after that. about three years ago. You get to know the market if you are in the market to buy a house The REIQ also believes that it should be and you go out and have a look. made certain that proper information sessions and cooling-off periods apply only to sales of Marketeers identify buyers looking to residential property for investment purposes. It invest in real estate who fit into a profile of a also is of the view that a review is required to suitable age and income. They make commence within two years of the enactment unsolicited approaches to them and ask them of the legislation. But there is no limit as to to attend seminars. Telemarketers run these when the review must be completed. Again, seminars and make contact. They present in a for the sake of certainty within the industry, it structured and controlled situation highly believes that those particular points should be favourable information about the benefits of covered by legislation. buying residential property, offering inducements such as free travel, including Despite bleatings by the members return flights from regional areas, interstate opposite, particularly the honourable member and even overseas. They take prospective for Rockhampton and Minister for Housing, I buyers to properties. They pressure them to remain utterly unconvinced that this is good sign a contract, usually on the day they do the legislation we are considering. I believe that it inspection. They put a lot of pressure on them. requires substantial amendment before it will pass muster, and I look forward to the Minister Marketeers introduce buyers to financial advising the House that this action will be advisers, solicitors and other professionals taken. If she fails to give that reassurance, I who, unknown to the buyer, are associates of believe that the people whose views I have the marketeer. These associates typically been representing will view this Bill with not too arrange a loan for the buyer that involves 4452 Property Agents and Motor Dealers Bill 14 Nov 2000 mortgaging both the property being purchased those areas, they are not paying over the and usually the existing home. The loan will odds. The reputation of the Queensland real typically cover not only the purchase price of estate industry will rise, and members would the property but also commission fees and be aware that a lot of people from New South expenses paid to the associate parties Wales are buying property in Queensland at involved in providing services in relation to the the moment. The real estate industry will do a transaction. Because of this, in many cases lot better once we get rid of marketeers. the amount of the loan is more than the Mr NELSON (Tablelands—IND) property is worth. Because they are from (10.53 p.m.): I, too, have concerns about interstate or do not know the market, they are many issues raised in this debate on the paying well over the odds for the property. Property Agents and Motor Dealers Bill. I will I will give the House an example. One not raise them again, as I am sure the Minister couple in north Queensland were enticed to will cover the issues raised by all members of travel to the Gold Coast to look at properties. this House. They were told that they could afford certain Like the member for Lockyer, I cannot properties, costing only $25 to $30 a week. see any reason to oppose the Bill. I certainly They were offered a trip to the Gold Coast. have many questions. As those questions They were given financial advice from the have been asked by other members, I will not person who owned the property or from the prolong the debate by going over them again. marketeering company selling the property. There are many questions to which I would like The solicitor belonged to that company, too. answers, and I am sure the Minister will They were driven around in limousines and address those in her summing-up. shown certain properties, but they were told that a particular property was the one that they I want to reiterate the points that have liked and that if they did not buy it on this trip it been made in particular by those on the would be gone tomorrow; they really should Government side of the House in relation to sign up today. They did that. When they went marketeering and unscrupulous traders, to resell the property, they found that they had whether they be real estate agents or motor paid $40,000 more than they should have. traders. These operators represent a very small proportion of the marketplace. It is not Numerous similar cases have been the case by any means that the majority of car brought to the attention of the department. yards undertake unscrupulous practices and Therefore, this legislation will licence property try to rip people off. In many cases in north developers. If they undertake more than six Queensland, car yard dealerships are family- transactions a year, they must be licensed. owned companies. Most of them deal on a They must be able to have precontract reputation of excellence, but of course there disclosures as to who the solicitors are, where are backyard traders who try to make a quick the money has come from and what ties they buck from people and leave them in the lurch, have with the company. There must be a as we saw last night on the news. The parts of cooling-off period. There must also be a the Bill I found most appealing were the warning statement contained in contracts sections addressing that issue. The Bill tries to informing buyers of the cooling-off period and guarantee that, if a person buys a car and a so forth. week later it starts falling to bits, they will not It will also be an offence for a property be stuck with the bill. Once again, there are a developer or real estate agent to make a false very limited number of people trying to make or misleading representation about a retail money from those circumstances. property, including misrepresentation about I have never sold cars or dealt in property, the value of the property, the date of sale, the but I have spoken to many constituents who income earning potential of the property, the have. Most of the people in my electorate who history of the sale of the property and income are involved with these kinds of businesses tax benefits of buying the property. If someone said that they had nothing to fear from the Bill makes a complaint, the director-general of the because they do not do anything wrong. As far department will have the power to require the as they could tell, the Bill is not going to affect developer or agent concerned to provide the way they do business because they written proof to substantiate the already comply with the Bill in their normal day- representations they have already made. to-day trading. However, there were a few This is good legislation. It will do a lot for points raised here and there. As I said, those the real estate industry on the Gold Coast and points have been raised by other members the north coast. People will be able to have and I will listen to what the Minister has to say. confidence that, when buying real estate in Suffice it to say that at the moment I cannot 14 Nov 2000 Property Agents and Motor Dealers Bill 4453 see any reason not to give my support to the What happened to the legislation of the Bill. I have not seen the Opposition's member for Indooroopilly? It sat here— amendments. If there are any, I have not seen Mr Schwarten: It sank like a stone. them. I will look at them if and when they come up and take it from there. Ms SPENCE: Yes, it sank like a stone. It Hon. J. C. SPENCE (Mount Gravatt— sat in the Parliament for four sitting weeks—11 ALP) (Minister for Aboriginal and Torres Strait sitting days—because the member for Islander Policy and Minister for Women's Indooroopilly was too embarrassed to debate Policy and Minister for Fair Trading) the legislation, but then an election was called. (10.56 p.m.), in reply: I thank all members who When the member for Indooroopilly says that I participated in the debate on the Property had a very workable piece of legislation Agents and Motor Dealers Bill. I understand passed on to me as a Minister, I hope he says from the comments made by the Opposition that in jest. It was an incredibly unworkable that it will oppose this legislation. There is a piece of legislation which did not fulfil the certain amount of irony in the fact that the philosophical commitments that the Labor member for Indooroopilly has been put into Party would want to give to Queensland the position of Opposition spokesman consumers. His legislation suited industry. It responsible for this legislation. had nothing to offer Queensland consumers. That is where we stand in stark contrast to Mr Mackenroth: He's only a shadow of those opposite. Mr Goss, isn't he? Again tonight the coalition says that it will Ms SPENCE: Everyone is a shadow of Mr oppose this legislation because it is good for Goss. One reason that the Opposition gives Queensland consumers. Tonight the coalition for opposing this legislation is lack of is going to oppose cooling-off periods. It is consultation, and I find that quite unusual. going to oppose statutory warranties. It is State Governments have been working on going to oppose our attempts, for the first time rewriting this Act for over 10 years. It started in in this State's history, to do anything about the the 1980s with various committees. two-tier property marketing system that is Mr Mackenroth: And it took a woman to flourishing to the detriment of consumers and do it! industry in this State. Ms SPENCE: As the building industry Let us turn to the next point raised by the would say, it has taken a sheila to finally do it. member for Indooroopilly. He said he thinks It started in the 1980s with various committees that this legislation would be a problem for established by the National Party Government jobs, but he did not point out how this would of the day to look at this legislation. We are be a detriment to the creation of jobs in this rewriting legislation that is 30 years old. It has State—a shallow argument to say the least. basically been unamended for 30 years. He raised the issues of competencies and Industry and consumers have known that mandatory codes of conduct and electronic this legislation has been out of date for a long funds transfers, which have been raised by time. Governments have accepted that and other members. All of these issues will be have been trying to rewrite the legislation. addressed in the regulations that will go with Under the Goss Government, various Ministers this legislation. They are not appropriate issues looked at this legislation. Previous to that, the for the body of the legislation before the National Party Government looked at it. In fact, House. the member for Indooroopilly had his go at The other major point of contention that rewriting this legislation. I remember standing we share with the Opposition relates to sole in this Chamber on 4 March 1998 debating his agencies. The member for Indooroopilly is rewrite of the property agents Bill. wrong when he states that the current It is worth revisiting what happened on legislation limits sole agencies to 90 days. In that occasion. As shadow Minister, I brought fact, the current legislation has no limit on sole over 100 amendments into the Chamber to agencies. At the moment real estate agents change his legislation. We voted on three can go out and sign up a sole agency for any amendments. I think I had the support of the length of time. So for the first time in this State Independent member for Gladstone on the we are putting a limit on sole agencies, and majority of those amendments. The biggest that is a limit of 60 days. I understand that the amendment as far as the member for real estate industry would prefer to have 90 Indooroopilly was concerned related to days. It would particularly prefer to have 90 deregulating real estate agents' commissions days for auctions and 60 days for other kinds in this State. Along with the member for of sole agencies. But we believe that this Gladstone, the Labor Party opposed that. would distort the market by encouraging real 4454 Property Agents and Motor Dealers Bill 14 Nov 2000 estate agents to sign up people for auctions— Fair Trading Act has the odometer windback not something we want to encourage in this issue well and truly covered. A number of other State. We believe that if an agent/auctioneer issues were raised by members throughout the is providing a good service, vendors can renew course of this debate. I understand that there for an additional 60 days if they are satisfied will be some debate on those issues at the with the sole agency. Committee stage. I therefore commend the Bill Much has been made by the member for to the House. Indooroopilly about the Auctioneers and Question—That the Bill be now read a Agents Fidelity Guarantee Fund and the fact second time—put; and the House divided— that the Government has changed this fund as AYES, 42—Attwood, Barton, Black, Bligh, Braddy, part of this legislation. We believe it is a Bredhauer, Briskey, Clark, J. Cunningham, Dalgleish, nonsense to say that the funds would be Edmond, Foley, Fouras, Hamill, Hayward, Lavarch, restricted because of the independence of the Lucas, McGrady, Mickel, Miller, Mulherin, Musgrove, tribunal. The new system is much more Nelson, Nelson-Carr, Nuttall, Paff, Palaszczuk, Pratt, objective than the committee system Prenzler, Reeves, Roberts, Robertson, Rose, established by the coalition. The tribunal has Schwarten, Spence, Struthers, Turner, Wellington, Wells, Wilson. Tellers: Sullivan, Purcell no interest in or links to maintaining the fund, and I am happy to debate that point at the NOES, 25—Beanland, Davidson, Elliott, Gamin, Committee stage. Queensland Treasury now Grice, Healy, Hobbs, Horan, Johnson, Laming, Lester, Lingard, Littleproud, Malone, Mitchell, Quinn, underwrites the fund, and the powers in the Rowell, Santoro, Seeney, Slack, Springborg, existing Act to levy licensees have been Stephan, Veivers, Tellers: Baumann, Hegarty deleted. There will be no protection of the fund. Resolved in the affirmative. There has been much criticism of the tribunal and the fact that existing licence Committee holders cannot be members of the tribunal Hon. J. C. SPENCE (Mount Gravatt— proposed in this legislation. We have ALP) (Minister for Aboriginal and Torres Strait considered this issue in detail. I understand Islander Policy and Minister for Women's that the REIQ and the MTA have concerns Policy and Minister for Fair Trading) in charge about this issue. Crown Law advice supports of the Bill. the prohibition on existing practitioners being members of the tribunal because of the Clauses 1 to 16, as read, agreed to. potential for conflict of interest. Clause 17— I understand that the member for Ms SPENCE (11.13 p.m.): I move the Indooroopilly opposes the cooling-off period for following amendments: used car sales. I think it is ironic that then we "At page 40, lines 23 to 26— have the member for Beaudesert recommending that we introduce cooling-off omit, insert— periods for real estate agents' sales. There is '(a) a single parcel of land on which a obviously some discord within the Opposition place of residence is constructed or about where it stands on consumer protection being constructed; or in Bills such as this. (b) a single parcel of vacant land on The issue of backyard dealers was raised which the construction of a place of by the member for Indooroopilly and other residence is not prohibited by law.'. members. The issue of backyard dealers is not At page 41, after line 8— one that we would need to address in insert— legislation such as this. However, the good news for industry is that we have managed to '(3) The following property is not secure funds in this year's Budget to employ "residential property"— 10 new inspectors who will be policing the real (a) a single parcel of land on which a estate agents and motor dealers fund. I think place of residence is constructed or that in future we will have much more being constructed if the property is inspection of issues such as backyard dealers. used substantially for the purposes of The other issue raised by the member for industry, commerce or primary Indooroopilly and a number of other speakers production; tonight was odometer windback. There are no (b) a single parcel of vacant land on recognised standards in relation to odometers. which the construction of a place of The introduction of electronic odometers will residence is not prohibited by law if minimise the risk of tampering. We believe the the property is used substantially for 14 Nov 2000 Property Agents and Motor Dealers Bill 4455

the purposes of industry, commerce omit, insert— or primary production.'." 'expenses'. Amendments agreed to. At page 106, line 3, 'a reward'— Clause 17, as amended, agreed to. omit, insert— Clauses 18 to 22, as read, agreed to. 'expenses'. Clause 23— At page 106, after line 4— Mr BEANLAND (11.13 p.m.): Briefly, this insert— clause states that the applicant must specify a '(6) Subsection (3) does not prevent the business address. This is a particularly person suing for, recovering or retaining, important clause. There is a concern that there in addition to the amount allowed under a is a need to prescribe minimum standards for regulation for the reward, an amount for motor dealerships to overcome some of these GST payable for a supply.'." problems of backyard operators. I heard the Minister indicate earlier in her reply that more Amendments agreed to. resources would be put into this area. But Clause 117, as amended, agreed to. nevertheless one way to overcome some of Clauses 118 to 134, as read, agreed to. these problems to do with backyard dealers is to in fact prescribe minimum standards for Clause 135— motor dealerships so that one can overcome Ms SPENCE (11.17 p.m.): I move the this real problem that exists with backyard following amendment— operators. I know all about the current town "At page 116, line 6, before 'the planning requirements of local governments term'— and so forth, but I think another way to insert— overcome this is to do something in this regard. I would like to hear whether the 'for the sale of residential property,'." Minister or the Government has given Amendment agreed to. consideration to that matter. Clause 135, as amended, agreed to. Ms SPENCE: Certainly I have spent Clause 136— many, many hours debating this issue with the Ms SPENCE (11.17 p.m.): I move the Motor Traders Association. I know that they following amendment— are upset because the old Act prescribed the size of a motor dealership; it set out how big it "At page 116, lines 20 to 22— should be, what kind of car yard it should have omit, insert— and that sort of thing. 'Restriction on reappointment of real Basically, we have deleted those estate agents for sales of residential provisions in this new legislation because it is property not appropriate in the new millennium to be '136.(1) A real estate agent may be prescribing the size of a business premises. reappointed for a sole or exclusive agency What the motor dealers fail to realise is that for the sale of residential property for 1 or the whole business of trading motor cars will more terms of not more than 60 days.'." change in the future. It will be done on the Amendment agreed to. Internet. We appreciate that in the future people are not necessarily going to have an Clause 136, as amended, agreed to. established car yard. The dealers really need Clause 137— to catch up with the fact that the business Ms SPENCE (11.17 p.m.): I move the world is changing; they need to change along following amendments— with it. This is something that we have given a lot of attention to. Certainly we are supported "At page 117, line 6, before 'the by National Competition Policy on this issue, term'— that it is inappropriate to put requirements insert— such as that in legislation. 'for the sale of residential property,'. Clause 23, as read, agreed to. At page 117, line 8, after 'agency'— Clauses 24 to 116, as read, agreed to. insert— Clause 117— 'for the sale of residential property'." Ms SPENCE (11.16 p.m.): I move the Amendments agreed to. following amendments— Clause 137, as amended, agreed to. "At page 105, line 26, 'reward'— Clauses 138 to 140, as read, agreed to. 4456 Property Agents and Motor Dealers Bill 14 Nov 2000

Clause 141— Clause 175— Ms SPENCE (11.18 p.m.): I move the Ms SPENCE (11.20 p.m.): I move the following amendment— following amendment— "At page 119, after line 15— "At page 139, line 2, before 'the insert— term'— '(5) Subsection (2) does not prevent the insert— person suing for, recovering or retaining, 'for the sale of residential property,'." in addition to the amount allowed under a regulation for the reward, an amount for Amendment agreed to. GST payable for a supply.'." Clause 175, as amended, agreed to. Amendment agreed to. Clause 176— Clause 141, as amended, agreed to. Ms SPENCE (11.20 p.m.): I move the Clauses 142 to 161, as read, agreed to. following amendment— Clause 162— "At page 139, lines 19 to 21— Ms SPENCE (11.18 p.m.): I move the omit, insert— following amendment— 'Restriction on reappointment of pastoral "At page 131, after line 20— house for sales of residential property insert— '176.(1) A pastoral house may be '(4) Also, if the transaction is an exchange reappointed for a sole or exclusive agency of property, a real estate agent does not for the sale of residential property for 1 or contravene subsection (1) and more terms of not more than 60 days.'." subsection (2) does not apply to the Amendment agreed to. extent that the agent acts for each of the Clause 176, as amended, agreed to. parties to the transaction.'." Mr BEANLAND: I notice that this Clause 177— amendment relates to the transaction of an Ms SPENCE (11.21 p.m.): I move the exchange of property and I understand that following amendments— the Minister does this to overcome other "At page 140, line 10, before 'the sections where one agent cannot act for both term'— parties. I think it needs to be said that that is what is taking place here. In the sale of insert— property, normally one agent cannot act for 'for the sale of residential property,'. both parties, but because this case involves an exchange of property I think the agent can. At page 140, line 12, after 'agency'— Ms SPENCE: This amendment is put insert— forward as a result of our consultation with the 'for the sale of residential property'." REIQ. In fact, many of the amendments I am Amendments agreed to. moving tonight are matters that have been raised by industry, notably the REIQ and the Clause 177, as amended, agreed to. UDIA. In the current legislation an exception is Clauses 178 and 179, as read, agreed to. made to the offence of prohibiting a real Clause 180— estate agent from acting for more than one party in the area of livestock sales in Ms SPENCE (11.21 p.m.): I move the recognition of a long established and following amendment— honoured industry practice. Today we are "At page 141, after line 26— making a further exception in the case of property exchange transactions, because I insert— understand when people swap properties they '(5) Subsection (2) does not prevent the usually use the one real estate agent to person suing for, recovering or retaining, undertake that transaction. So this is an in addition to the amount allowed under a additional exception to our normal rule in this regulation for the reward, an amount for legislation. GST payable for a supply.'." Amendment agreed to. Amendment agreed to. Clause 162, as amended, agreed to. Clause 180, as amended, agreed to. Clauses 163 to 174, as read, agreed to. Clauses 181 to 211, as read, agreed to. 14 Nov 2000 Property Agents and Motor Dealers Bill 4457

Clause 212— Clause 262— Ms SPENCE (11.22 p.m.): I move the Ms SPENCE (11.24 p.m.): I move the following amendment— following amendment— "At page 162, line 3, before 'the "At page 190, lines 10 to 12— term'— omit, insert— insert— '262.(1) A property developer's licence 'for the sale of residential property,'." authorises the holder of the licence Amendment agreed to. ("property developer") to perform the following activities— Clause 212, as amended, agreed to. (a) to complete more than 6 residential Clause 213— property sales in any 12 month Ms SPENCE (11.22 p.m.): I move the period; following amendment— (b) to market residential property in "At page 162, lines 14 to 16— which the property developer has an interest of at least 15%.'." omit, insert— Amendment agreed to. 'Restriction on reappointment of auctioneers for sales of residential Clause 262, as amended, agreed to. property Clauses 263 to 267, as read, agreed to. '213.(1) An auctioneer may be Clause 268— reappointed for a sole or exclusive agency Ms SPENCE (11.24 p.m.): I move the for the sale of residential property for 1 or following amendments— more terms of not more than 60 days.'." "At page 192, lines 25 and 26, 'or Amendment agreed to. anyone acting for the property developer Clause 213, as amended, agreed to. in the sale of'— Clause 214— omit, insert— Ms SPENCE (11.23 p.m.): I move the 'marketing'. following amendments— At page 193, line 1— "At page 162, line 25, before 'the omit, insert— term'— '(a) that the property developer holds an insert— interest of at least 15% in the 'for the sale of residential property,'. property;'." At page 163, line 2, after 'agency'— Amendments agreed to. insert— Clause 268, as amended, agreed to. 'for the sale of residential property'." Clauses 269 to 274, as read, agreed to. Amendments agreed to. Clause 275— Clause 214, as amended, agreed to. Ms SPENCE (11.25 p.m.): I move the following amendment— Clauses 215 to 217, as read, agreed to. "At page 196, lines 27 and 28 and Clause 218— page 197, lines 1 to 3— Ms SPENCE (11.23 p.m.): I move the omit, insert— following amendment— 'Acting and marketing offences "At page 165, after line 8— '275.(1) A person must not complete insert— more than 6 residential property sales '(5) Subsection (2) does not prevent the within any 12 month period unless the person suing for, recovering or retaining, person holds a property developer's in addition to the amount allowed under a licence. regulation for the reward, an amount for Maximum penalty—200 penalty units or 2 GST payable for a supply.'." years imprisonment. Amendment agreed to. '(2) A property developer who markets Clause 218, as amended, agreed to. residential property in which the property developer has an interest of less than Clauses 219 to 261, as read, agreed to. 15% commits an offence. 4458 Property Agents and Motor Dealers Bill 14 Nov 2000

Maximum penalty—200 penalty units or 2 see any need for that. We are trying to reduce years imprisonment. the red tape. I would have thought that this '(3) A property developer does not move would have had the support of the contravene subsection (2) if the property coalition. developer's interest in the property— Clause 279, as read, agreed to. (a) is held as— Clauses 280 to 371, as read, agreed to. (i) a personal representative; or Clause 372— (ii) an administrator under the Ms SPENCE (11.27 p.m.): I move the Guardianship and Administration Act following amendment— 2000; or "At page 253, lines 1 and 2— (iii) a beneficiary in, or a trustee of, a omit, insert— deceased person's estate; or 'within 3 business days after the amount (iv) a mortgagee; or is paid by the buyer.'." (b) is sold under a court order.'." Amendment agreed to. Amendment agreed to. Clause 372, as amended, agreed to. Clause 275, as amended, agreed to. Clauses 373 to 495, as read, agreed to. Clause 276 to 278, as read, agreed to. Clause 496— Clause 279— Ms SPENCE (11.27 p.m.): I move the Mr BEANLAND (11.25 p.m.): Earlier following amendment— tonight, I raised the issue of managers "At page 318, lines 9 to 12— licences. Under the current Act we have the situation of dealers and managers licences omit, insert— clearly defined. In this Bill the manager's '(b) the licensee or employee has licence no longer exists. In recent times, I have contravened or breached— noticed that more and more dealers, or (i) this Act, including a code of conduct: principals, are acquiring more outlets. In other or words, they may have half a dozen or more outlets dealing with a range of vehicles. It (ii) an undertaking given under chapter 1 seems to me that in that situation we should 16, part 2; or have a manager's licence. What will now be (ii) a corresponding law;'. required is a principal's licence in each of those 1 Chapter 16 (Injunctions and undertakings), businesses. I raise the issue to see whether part 2 (Undertakings)." the Government has considered this, because I think it is fair to say that the responsibilities of Amendment agreed to. a principal and a manager are vastly different. Clause 496, as amended, agreed to. There is a whole range of accountabilities and Clauses 497 to 536, as read, agreed to. such issues. Clause 537— I think the degree of accountability required for a principal's licence—compared Ms SPENCE (11.27 p.m.) I move the with someone who is employed—needs to be following amendment— defined. We are getting more of these cases "At page 337, lines 20 and 21— now because many of these principals are omit, insert— acquiring a number of dealerships. '537.(1) In a proceeding, the tribunal may Ms SPENCE: I understand that principals award the costs it considers appropriate of a dealership need to hold a principal's on— licence; otherwise they will have a motor dealer's licence. There are two categories of (a) the application of a party to the licences. Obviously the Opposition is favouring proceeding; or an additional category of licence, namely, a (b) its own initiative. manager's licence. I do not see the need for '(2) The costs the tribunal may award may that when we have a principal's licence and a be awarded at any stage of the motor dealer's licence. We have received proceeding or after the proceeding has some criticism tonight from the coalition that ended. we have too many classes of licences in this Bill. The member for Indooroopilly is now '(3) If the tribunal awards costs during a advocating another class of licence. We do not proceeding, the tribunal may order that 14 Nov 2000 Property Agents and Motor Dealers Bill 4459

the costs not be assessed until the Clauses 555 to 578, as read, agreed to. proceeding ends. Clause 579— '(4) In deciding whether to award costs, and the amount of the costs, the tribunal Ms SPENCE (11.29 p.m.): I move the may have regard to the following— following amendment— (a) the outcome of the proceeding; "At page 362, after line 6— (b) the conduct of the parties to the insert— proceeding before and during the '(4) Subsection (1) does not prevent the proceeding; licensee asking for or receiving an amount (c) the nature and complexity of the more than the maximum amount allowed proceeding; under the regulation if the amount is for (d) the relative strengths of the claims GST payable for a supply in relation to the made by each of the parties to the transaction.'." proceeding; Amendment agreed to. (e) any contravention of the Act by a Clause 579, as amended, agreed to. party to the proceeding; Clauses 580 to 590, as read, agreed to. (f) for a proceeding to which the chief executive is a party, whether the Clause 591— other party to the proceeding was Ms SPENCE (11.29 p.m.): I move the afforded natural justice by the chief following amendment— executive; "At page 369, after line 21— (g) anything else the tribunal considers relevant. insert— '(5) A party to a proceeding is not entitled '(5) For subsection (4)(a), it is sufficient for to costs only because— the executive officer to prove that the act or omission that was the offence was (a) the party was the beneficiary of an done or made without the officer's order of the tribunal; or knowledge despite the officer having (b) the party was legally represented at taken all reasonable steps to ensure the the proceeding.'." corporation complied with the provision.'." Amendment agreed to. Amendment agreed to. Clause 537, as amended, agreed to. Clause 591, as amended, agreed to. Clauses 538 to 546, as read, agreed to. Clauses 592 to 630, as read, agreed to. Clause 547— Schedules 1 and 2, as read, agreed to. Ms SPENCE (11.28 p.m.): I move the following amendments— Schedule 3— "At page 341, lines 19 to 24— Ms SPENCE (11.30 p.m.): I move the omit, insert— following amendments— '(c) the entry is authorised by a warrant.'. "At page 400, lines 1 and 2— At page 342, lines 6 and 7— omit, insert— omit." ' "criminal history", of a person, means the Amendments agreed to. person's criminal history as defined under Clause 547, as amended, agreed to. the Criminal Law (Rehabilitation of Offenders) Act 1986, other than Clauses 548 to 553, as read, agreed to. convictions for which the rehabilitation Clause 554— period has expired, and not been revived, Ms SPENCE (11.29 p.m.): I move the under that Act. following amendment— Note— "At page 347, after line 17— Because of this definition, sections 6, 8, 9 insert— and 10 of the Criminal Law (Rehabilitation '(5) Copying under subsection (2)(b) must of Offenders) Act 1986 have no relevant be allowed within 7 days after it is operation for the purposes of a person's requested.'." criminal history under this Act.'. Amendment agreed to. At page 403, after line 10— Clause 554, as amended, agreed to. insert— 4460 Corrective Services Bill 14 Nov 2000

' "market", residential property, means society. It should be an aim that, as difficult as take action to sell the property, other than it may be in some cases, people leave jail able by appointing a real estate agent, to reintegrate into society and of no threat to pastoral house or auctioneer to sell the the rest of the community. property.'." As I said, this Bill affects one of the most Amendments agreed to. important Government departments and Schedule 3, as amended, agreed to. services. This Bill was introduced into the Parliament back in July. It replaces the Bill reported, with amendments. Corrective Services (Administration) Act 1988 and the Corrective Services Act 1988. In addition, those current provisions of the Third Reading Corrective Services Regulation 1989 which Bill, on motion of Ms Spence, by leave, should be contained within principal read a third time. legislation—for example, provisions for early discharge through remission—have been translated to the Bill. CORRECTIVE SERVICES BILL The object of the Bill is to provide for the Second Reading safe and humane containment, supervision Resumed from 19 July 2000 (see and rehabilitation of sentenced offenders and p. 2162). persons detained in custody on remand. The consolidation and rationalisation of corrective Mr HORAN (Toowoomba South—NPA) services into one piece of legislation is a major (11.31 p.m.): Probably one of the most objective of the Bill, as recommended by the important departments for which we have to 1999 commission of inquiry into corrective be responsible in Queensland is Corrective services in Queensland, which was headed by Services, which provides for the secure and Mr Frank Peach. safe incarceration of prisoners. We provide not only that measure of punishment but also a However, I would like to go back in history measure of rehabilitation. It is also important to where the real reform for corrective services that we provide for the safety of the staff and occurred in Queensland. It was the real staff training. However, we have to make our watershed in February 1988 when Mr Jim first consideration the safety of the public. Kennedy was appointed by the Queensland Cabinet to head a commission of review into It is interesting to note that, because the corrective services in Queensland. This was a Government has its legislative timetable in time when the prisons had come under an such an absolute mess, we are debating a enormous amount of public criticism. For a major Bill that is so important to so many long time there had not been a great deal people, particularly victims of crime, at around done. That year, which saw this report and midnight. I am sure that people would like to eventually the legislation that was brought in know that that is the way Government is by the National Party Government, was a running this State. Anyway, that is the way it is, major watershed in which provision was made so let us get stuck into it. for the development of new prisons and new I note that there has been considerable systems such as corrective services boards, opposition to this Bill from a number of human community involvement in community rights groups. I will go through some of the corrections and many other major changes. It proposals that they have put forward. really was a watershed in the conduct of the Organisations such as the Law Society, the Corrective Services Department in Queensland Bar Association and the Queensland. Queensland Council for Civil Liberties have One of the terms of the Kennedy publicly condemned this legislation. Their commission was to recommend changes to opinions deserve some consideration in the the efficiency, management and design of debate on this Bill in this Parliament. prisons; the future direction of corrective However, I think the point from which we services; the recruitment, training, ought to start is that the corrective centres development and promotion of prison officers; have to be secure and they have to be not and services to and welfare of prisoners. In only for the staff but also for the prisoners. May 1988 the commission released an interim From there we can move towards issues of report, and it issued a final report in August rehabilitation. I think we all have to understand 1988. Legislation implementing the that somewhere in the order of 90% of recommendations was introduced in October prisoners eventually leave jail and go back into 1988 and came into force in December 1988. 14 Nov 2000 Corrective Services Bill 4461

As I said, legislation to implement the owned corporation Queensland Corrections Kennedy inquiry recommendations was and their boards. Secondly, the legislation introduced in October 1988. The Corrective provided a head of power for the management Services (Administration) Act 1988 established of maximum security prisoners within the the Queensland Corrective Services correctional system. We dealt with that issue in Commission, and the Corrective Services Act the Parliament in relation to previous 1988 replaced the Prisons Act 1958 and the legislation. I said at the time of that legislation Offenders Probation and Parole Act 1980. It that we would support it but that we would be provided a new management structure for watching it very carefully, because it was prisons. It emphasised community corrections making some fundamental changes to the as an alternative to imprisonment. It running of Corrective Services. We did not established community corrections boards to oppose it. The 5-year and 10-year reviews replace the parole board. It provided for the were something that Jim Kennedy said would establishment of community corrections always be necessary. He understood that the centres as an avenue for community groups to prison system is one that evolves and changes become directly involved in the rehabilitation and that it would be important, in order to process. It provided a system of redress for ensure that certain cultures and structures did prisoners' grievances. It segregated prisoners not become endemic, that this review take under the age of 18 years from the place every 5 and 10 years. mainstream prison population. It provided for The Corrective Services Bill 2000, which prisoner development programs to assist in the we are debating tonight, has been rehabilitation of prisoners. It provided a summarised by the Scrutiny of Legislation legislative basis for the home detention Committee as a Bill that establishes a statutory program. It was visionary reform, and reform regime in relation to Corrective Services. It that was needed greatly. As I said, it was a deals primarily with the custody and watershed in the organisation and management of prisoners who will invariably management of corrective services in have been convicted by a court of an offence Queensland. The then ALP Opposition and sentenced to a term of imprisonment, and generally welcomed and supported that regulates the conduct of persons who visit or legislation. otherwise make contact with prisoners. The Corrective Services (Administration) The Bill contains numerous provisions that Act 1988 provided for a review of the restrict or prohibit the activities of prisoners and legislation after five years and then after 10 authorises actions in relation to them that are years. The reviews were to consider the intrusive or coercive. This raises the general effectiveness of the operation of the Acts and issue of what rights prisoners can be said to the commission and the need for the possess. An important part of the debate continuation of the commission. The Public tonight concerns what fair and humane rights Sector Management Commission conducted should be provided. However, let us also keep that first review in 1993, and the second review in mind the principle that prisoners are there to was undertaken by the Queensland Corrective serve a sentence for the crimes they have Services Review in 1998. In accordance with committed. They have a debt to repay to section 72 of the Corrective Services society. It is important that, whilst they are (Administration) Act 1988, in August 1998 the treated humanely and provided the Corrective Services Review, headed by Mr opportunity for rehabilitation, we never forget Frank Peach, with the power of a commission about the safety and security priorities of of inquiry under the Commission of Inquiry Act running a prison so that opportunities to 1950, commenced work on evaluating the escape or pass information or materials effectiveness of the relative legislation and the through the prison through the visiting system Corrective Services Commission. In January are limited as much as possible. 1999 it reported its findings to the Minister for The Scrutiny of Legislation Committee Police and Corrective Services in a report titled said that it proceeds from the position that "Corrective Services in the Balance". That was prisoners have rights. However, those rights the catalyst for the drafting of much of the Bill must necessarily take a significant attenuated that is now before the House as well as, of form given the status of prisoners and the course, other amending legislation that we imperatives necessarily associated with the have dealt with in this House previously. conduct of corrective institutions. These The Corrective Services Legislation imperatives include the need to maintain order Amendment Bill 1999 had a twofold purpose. and security to prevent violence and escapes. Firstly, it abolished the Queensland Corrective In addition, while the focus of incarceration has Services Commission and the Government moved substantially towards rehabilitation, it 4462 Corrective Services Bill 14 Nov 2000 rightly retains a punitive and deterrent the effectiveness of community corrections element. On that basis, it is inevitable that a and how the service delivery can be enhanced prison environment will afford prisoners fewer in order to meet the expectations of the facilities and personal freedoms than those community and judiciary. enjoyed by the general public. And so they At this point I wish to say something should. This is all about the loss of freedom about community corrections, which is a very and association but also providing a chance important part of the Department of Corrective for reparation and rehabilitation. Services. It has a huge task. I have visited a The provisions of the Corrective Services number of its offices scattered around the Bill 2000 concern mostly the following issues: State—Ipswich, Toowoomba, Beenleigh, the searching of prisoners in and visitors to Mackay, Townsville, Cairns and Hervey Bay. I correctional centres, access to mail and phone am impressed by the staff, by their calls by prisoners, the issue of sentence commitment and their practical realisation that remission and parole, the issue of force and they are dealing with some people who have deadly force by Corrective Services officers, difficulties in reintegrating into society and the and the issue of drug testing of prisoners. The community. They do a very good job in a 1999 commission of inquiry examined these difficult area. issues. The report was written from a Since this Bill was introduced into the perspective that integrated both the social and House, I have received correspondence, and economic issues concerning Corrective no doubt the Minister has also, from a number Services. The commission of inquiry reported of organisations and associations that have to the Minister that the effectiveness review expressed concern in relation to the various was conducted using a research methodology elements of the Bill. Although I might not that accounted for the important balance agree totally with everything they have to say, between social and economic policies in in this debate tonight I think it is worth bringing relation to correctional centres. The forward their concerns. Some of these commission of inquiry made 58 organisations have included the following: the recommendations to the Minister based on the Aboriginal and Torres Strait Islanders terms of reference, and the recommendations Corporation for Legal Services, Brisbane; of the inquiry were grouped to correlate with Families and Prisoners Support Incorporated, each term of reference. Manunda; Lifeline Australia, north Queensland, Townsville; North Queensland The major terms of reference and Prisoners Aid Society, Townsville; Official recommendations of that were as follows: to Visitors (Legal) Sir David Longland Correctional examine and report on the effectiveness of the Centre, Brisbane; Prisoners Legal Service, Queensland Corrective Services Commission Brisbane; Queensland Aboriginal and Torres and its board and the need for continuation of Strait Islanders Legal Services Secretariat, those entities; to examine and report on the Brisbane; various law firms; Soroptimist effectiveness of the Queensland Corrective International (Townsville) Incorporated; and Services Commission being divided into bodies Sister Anne Maree Jensen of Longreach. It as the purchaser/provider of Corrective would be remiss of me if I did not raise some Services and the advisability of the of these concerns in the House. continuation of that structure; to examine and report on the sufficiency of existing The issues that have been brought up by accountability mechanisms to the Minister and these organisations have covered the between Corrective Services and service following: the searching of prisoners and providers; to examine and report on the visitors, the searching of inmates, scanning effectiveness of the oversight by the searches, general searches, personal Queensland Corrective Services Commission searches, strip searches, body searches and of the privately managed prisons and searches of the accommodation of prisoners. community correctional centres in Queensland; Under prison remissions, they have raised also to examine and report on the effect of the the issues of the prison population; the use of operation of the Acts on persons of Aboriginal firearms by Corrective Services officers; the and Torres Strait Islander descent; to examine use of force, including the use of lethal force and report on the effectiveness of the and provisions on the use of force; drug Corrective Services Act 1988 and the testing of prisoners, including random testing Corrective Services (Administration) Act 1988 and current targeted testing; mail and as well as the effectiveness of their integration telephone calls; visits to Corrective Services with other legislation within the criminal justice facilities; detention in a watch-house; and the system; and, finally, to examine and report on official visitors scheme. 14 Nov 2000 Corrective Services Bill 4463

In relation to the searching of prisoners not going to receive any rehabilitation and visitors, the Bill recognises the following programs and unfortunately they're the types of searches of inmates: scanning hardest to rehabilitate and we will be searches, general searches, strip searches, putting them back on the street without body searches and searches of the any sort of intervention whatsoever ..." accommodation of prisoners. I have received Speaking about the legislation, he continued— correspondence from the North Queensland Prisoners Aid Society, which has expressed "It doesn't cover offenders from day concern that the Bill proposes that every one to two years. Any offender, who gets prisoner must be strip searched following every less than a two-year sentence, it seems family contact visit. The society has that corrective services don't have the recommended that strip searches be resources to put them into programs. performed only where reasonably necessary They claim they do that because there for the security of the prison. It goes on to isn't enough time and the waiting lists are state that they are highly invasive, degrading long, well that just tells me that there's a and distressing for all prisoners and particularly lack of resource in the whole thing." for survivors of previous sexual assaults, That is a comment by John King, the Victims women, indigenous people and people from of Crime State secretary. other cultural, religious or ethnic backgrounds. In relation to abolition of parole and home One result of the introduction of detention for minor offenders, the Prisoners compulsory strip searching following every Legal Service has commented that the Bill family visit will be a massive reduction in family proposes to exclude all offenders sentenced to visits to prisoners. Family contact has been two years or less—minor offenders—from proved to be essential to successful eligibility for post-prison community based rehabilitation and reintegration of prisoners. In releases such as parole and home detention. relation to indiscriminate strip searches, the Prisoners sentenced to two years or more— Prisoners Legal Service has made the same more serious offenders—will be eligible for comment as I have just read out about the release after serving one half of their fact that the Bill proposes that every prisoner sentence. must be strip searched following every family contact visit. Minor offenders serving two years and under will be eligible for unsupervised I keep going back to the premise of safety conditional release only after completing two- and security and the issue of drugs, particularly thirds of their sentence. This proposal means the dangers of drugs that could be brought that young, minor and first-time offenders will into a prison and also the danger that those spend significantly more time in a high security drugs present to the ongoing rehabilitation of prison environment and will not be supervised the prisoners themselves. While it is difficult to on their release. These are some of the most deal with, there has to be a priority to keep vulnerable younger prisoners, the ones who drugs out. That is something that we will be are probably in the greatest need of discussing in detail when it comes to the supervision when they are released from debate on the clauses. prison before the expiry of their sentence. In relation to prisoner remissions, prison lobby groups have warned that half of all If I remember correctly from Estimates convicted sex offenders could be released hearings, in 1999 it cost Queensland without supervision or rehabilitation programs taxpayers in the order of $180 a day to keep a under the provisions of this Bill. The Prisoners prisoner in prison. Of course, it is a lot cheaper Legal Service, the Catholic Prison Ministry, to keep that prisoner in the community. That Sisters Inside, the Queensland Council for Civil can sometimes cause this issue to be looked Liberties, Second Chance Foundation and the upon from a Treasury point of view rather than Aboriginal and Torres Strait Islander Legal from the principle of what is the right thing to Service cited problems in the legislation at a do with a particular prisoner—should they be media conference in July of this year. kept in jail or should they be out? If they are entitled to be out, they should be under The Victims of Crime organisation has supervision to ensure effective rehabilitation in expressed concern that the overhaul will not that difficult post-prison period. Apart from include the majority of sexual offenders. The being cost effective, post-prison supervision of Victims of Crime State secretary, John King, offenders has been proven to reduce said on ABC Radio on 27 July— reoffending rates and assist with successful "... our concern is that those offenders reintegration in the community. Community who have less than a two year period are supervision programs for young, minor and 4464 Corrective Services Bill 14 Nov 2000 first-time offenders should be extended, not orders ... and is in breach of fundamental reduced. legislative principle. The official visitor scheme was established ... by the Corrective Services Act in 1998. Official An allied power that assistance must visitors were originally appointed by and be provided to an official visitor should be reported to the QCSC board. On 1 May 1999, backed up with an enforcement provision the board's functions and powers were in accordance with the usual practice of transferred to the chief executive of the the parliamentary draftsmen. The Bill Department of Corrective Services in lacks such a provision." accordance with the Corrective Services Legislation Amendment Bill 1999. The In relation to the provision of family visits Prisoners Legal Service has raised the to be non-contact, the Prisoners Legal Service following concern in relation to official visitors has commented as follows— being made optional and having their powers "This Bill proposes that prisoners will reduced in this Bill— 'only' be entitled to one non-contact visit "The Bill proposes to make the with their family each week ... appointment of two official visitors to each Non-contact visits should only be prison optional rather than mandatory and ordered where reasonably necessary for to severely restrict their powers to the security of the prison. The standard investigate complaints, question visit is now and should remain a contact Department of Corrective Service officers visit. The vast majority of prisoners and and access documents. their families (especially children) who Official visitors' powers should not be pose no security risk, should not be reduced in any way and their ability to deprived of contact." investigate prison complaints The Prisoners Legal Service goes on to say— independently and impartially should be "Prisoners should be entitled to at extended." least two family visits each week." Messrs Peter Butler and Graham Lee, I guess that is their point of view. These Official Visitors—Legal were authorised by the things would have to be considered on their body of official visitors to convey concerns merits, but I believe two contact visits per week about certain aspects of the Bill. They are could be getting way over the odds. At the end from, I understand, Sir David Longland of the day, a prison is a prison. Some of these Correctional Centre. In their letter dated 6 rights that organisations seek are something August, they state— that, sadly, people forfeit when they are "The necessary independence of convicted of a crime, be it a vicious or a official visitors has been seriously savage crime or a crime against property. The compromised and their effectiveness number of visits has to be reasonable. That impaired by the placement of legal number of visits has to be fair to the prison responsibility for official visitors with the staff and must adhere to the various principles Chief Executive. The Minister should take of why those prisoners are in jail. legal responsibility for official visitors in In relation to there being no entitlement to accordance with long established assistance from community visitors, the constitutional and legislative principle Prisoners Legal Service has commented that applying to visitors to closed institutions in the prisoners will be entitled only to this State and in the other Australian personal—that is family—and legal visits. Its States and the Northern Territory. claim is that prisoners should be entitled to To enable official visitors to be able visits from appropriate community to perform effectively their 'watch dog' role organisations and professionals for the on behalf of the wider public community, purpose of rehabilitative counselling, they should retain the power to require treatment, support and assistance to the provision of information and the reintegrate. Those things should be available answering of questions to be now to prisoners, particularly as they get further into qualified by appropriate protection for their term of imprisonment. I have seen at persons against self-incrimination. The Lotus Glen, for example, the counselling that lack of such a power precludes them from takes place and some of the training that carrying out 'an appropriate review' of prisoners were receiving while they work decisions that impact on individual rights through a system going from high security to and liberties for example maximum medium security. As they are trusted more, security orders ... and special treatment prisoners are moved into parts of the prison 14 Nov 2000 Corrective Services Bill 4465 where they have a small number of additional Again, the firm of lawyers states— privileges. I noticed during my visit that there "The Bill proposes to remove the were people there providing assistance of the requirement that a prisoner must be sort I have mentioned. There were counsellors served with written notice of an alleged providing support services to prisoners. breach of prison discipline before a Prisoners have a basic right to personal visits breach hearing. The proposed breach from family members and legal visits, but process is entirely verbal." access to the privileges of receiving counselling, treatment and support have to be With regard to official visitors, earned by the prisoner proving that he or she representatives of official visitors who are is moving towards the behaviour that will entitle authorised by that group to convey concerns them to that right. about certain aspects of the Bill stated— In relation to the unfair process for "The provisions dealing with prosecuting breaches of prison discipline, breaches of discipline by prisoners are again the Prisoners Legal Service seriously flawed in two respects. Firstly, commented— the officer taking disciplinary proceedings is not required to serve notice of the "The Bill proposes to remove the alleged breach on the prisoner in breach requirement that a prisoner must be of a principle of natural justice. served with written notice of an alleged breach of prison discipline before a Secondly, in conjunction with a breach hearing. The proposed breach provision that empowers the hearing process is entirely verbal. officer to ask questions of a prisoner and any other person, no appropriate The proposed procedure is unfair protection is provided against self- and open to corruption and manipulation. incrimination." It should be mandatory that a prison officer charging a prisoner with a breach They then referred to the Legislative of discipline must detail the charge and Standards Act. particulars of any allegations of fact in There has been a lot of discussion about writing so that the prisoner can prepare media interviews. Jim Kennedy, the key her or his defence." architect of Queensland's prisons, particularly I will be interested to hear the Minister's the modern prisons of today, has described comments on that. The Aboriginal and Torres proposed laws aimed at limiting media Strait Islander Corporation for Legal Services interviews with prisoners as censorship. Mr stated— Kennedy said— "Whilst we have major concerns in "Prisoners are there to be punished relation to many proposals in the Bill, the for their crimes and hopefully, when most potentially disastrous, in our opinion, released, they change their ways. Things is the proposal to abolish supervised like writing letters are privileges, not rights, community release (parole home and should be treated as such. Perhaps detention and release to work) for the legislation should contain a safeguard prisoners serving two years or less." such as 'a journalist should not publish an interview without reasonable excuse' or This is a concern that so many words to that effect. But as the legislation organisations have raised. The Aboriginal and stands, you have to be extremely careful Torres Strait Islander Corporation for Legal before you restrict the media from printing Services went on to say— anything, particularly in relation to "This proposal will increase the time government. If you try to control the that minor offenders spend behind bars press, they will probably run the gauntlet and then release them unsupervised into and take you on. This is an open the increasing number of communities in invitation to automatic headlines. It is which prisons are located. These wrong in our society today." communities should be assisted by I turn to the issue of watch-houses and Community Corrections to facilitate the the provisions in this Bill with regard to the time successful reintegration of released prisoners can be kept in watch-houses. This prisoners. They should not be left to deal Bill provides a change brought about by clause with the problems caused by family 6, which provides for detention in the watch- separation, unemployment and other post house for a period of up to 21 days, in contrast release trauma using only their limited to the 31 days permitted under section 32 of existing community services." the Corrective Services Act 1988. As I 4466 Corrective Services Bill 14 Nov 2000 understand it, there had since been directions the power of general managers to make rules by the previous Minister to restrict that to pertaining to the day-to-day operation of a seven days. correctional centre. Rules are an intrinsic part Mr Barton interjected. of the management of a correctional centre, and the Act and the regulations form the basis Mr HORAN: And by the Minister to restrict on which those rules are developed. For that to seven days. example, the daily routines of Lotus Glen are Mr Barton: And you get the odd one very different from those of the Darling Downs where it cannot be achieved, so you cannot Correctional Centre. To remove from general have a legislative provision— managers the power and authority to make Mr HORAN: Yes, I understand that. rules pertaining to the day-to-day operation of their facility is a clear indication that the Since 1988, the department has held an department lacks operational knowledge at the agreement with the Queensland Police Service executive level. based on ministerial direction that a person should not be detained in a watch-house for a In relation to the use of force, clause 112 period greater than seven days unless at the details the type of non-lethal force that may be convenience of the officer in charge of the used on a prisoner. This clause fails to watch-house. This direction was given to incorporate the possible usage of low voltage ensure that prisoners were not held in watch- electrical devices which are used successfully houses for inappropriately long periods. The throughout the United States to restrain violent Bill has translated the provisions of sections 32 and drug-affected prisoners, and they may be and 33 of the Corrective Services Act 1988 used here in the future. Chemical agents in with an amendment to the time allowed and some instances are not effective. It is a view an amendment which provides that a person that Corrective Services officers should have at may be conveniently taken to a corrective their disposal such devices as low voltage services facility rather than to a prison. These devices when other methods of restraint will provisions were retained to enable prisoners not be effective. Such devices are harmless in who are serving terms of imprisonment of the long term and cause a muscle spasm, fewer than 21 days to remain in regional or which allows for officers to apply restraining remote watch-houses for that period. In this devices without the prisoner or officers being way, the prisoner remains in his or her injured and, unless chemical agents are used, community and the cost to the QPS of there is no danger of other persons in the transporting and escorting the prisoner to a vicinity being affected and there is no need to corrective services facility is avoided. decontaminate clothing or other buildings. These provisions also provide for the I want to go over some of these issues Queensland Police Service to keep persons in again in a somewhat different way. I went regional or remote watch-houses when those through the history of the Kennedy review. The persons are required to appear in their local Kennedy review was very important in that it court on further matters. The alternative is to provided devolution to a decentralised system, transfer a prisoner to a correctional centre and and this Bill undermines that. There has been then transport the prisoner back to the court. legislation before this House previously which The demand on court time and Queensland moved away from the system of the Police Service resources has made that corrections boards and the QCSC. However, approach inefficient. By further providing that this Bill is about very centralised control. In such a person may be admitted into a some ways it risks going back to pre-1988 corrective services facility rather than a prison, legislation. the department will be able to place low-risk prisoners at a community corrections centre, Perhaps the only community involvement where such a facility exists in that region, as an is the advisory committee. Again, there is no alternative to transporting them to a secure duty on the Minister to consult with the facility. These provisions will assist in resolving advisory committee. It takes out the the issue of removing low-risk Aboriginal and community input and community involvement Torres Strait Islander prisoners from their in prisons—the major reforms of the Kennedy communities and will help to reduce the high commission—and reverts to a very centralised, costs of transporting short-term prisoners from departmentally based arrangement without the far-north and central regions of the State that community input. There are a couple of to Lotus Glen and Townsville Correctional points I want to bring up in relation to that, and Centres. I refer to the amendments I have proposed In relation to the general managers' rules, relating to community decision making and I note with some concern that this Bill removes whether people get parole or are released. 14 Nov 2000 Corrective Services Bill 4467

Not only does this legislation recentralise do so. As those people are not prisoners but the system; it undermines regional and local are visitors, in some ways I do not totally areas. That can be seen in the way it disagree with that. It would normally be a addresses the issue of general managers in police task. But this provision will create that they are now to be known as "persons in enormous workloads for police officers. charge". Reducing the classification of a At most jails there would hardly be a prisoner is normally the job of prison weekend without drug detection. One could management. They know, see and well envisage that under this legislation the understand what the classifications should be. police will have to attend jails virtually nonstop. They deal with the prisoner on a day-to-day Whether it is police from Townsville going to basis. They now have to provide a Stuart or whether they are going to the jails in recommendation to central office and the the Wacol precinct, there will be an enormous decision will be made from there. workload on the police. Under this Bill, Again I make the comment that in terms Corrective Services officers can hold suspected of a particular prison—say in the far north of visitors for four hours and call the police. I can the State—an assessment of the risk of its just envisage some enormous problems and prisoners can be made far better by the some enormous demands on the police as a people at that prison—say at Lotus result of this provision. I would be interested in Glen—than someone far away from Brisbane. hearing the Minister's comments on that in his Really, it comes down to something as reply. elementary as deciding how risky your clients I have mentioned previously that the Bill are, and certainly the people involved in the proposes to use police lock-ups for short actual prison management have a far better terms. It is stated that this measure will be cost idea of that than someone based centrally in neutral. However, under this legislation, where Brisbane. people can be detained for 7 to 21 days, there This legislation seems to assume that all is the strong possibility of police lock-ups prisoners are the same and that you can have virtually becoming jails. the same sorts of operational policies for The issue of strip searching, which I Numinbah as you might have for Woodford. touched on before, concerns a number of Under Kennedy, the general manager's rules organisations and associations. Prisoners are were designed to reflect regional and centre now subject to a strip search only after a visit. differences. For example, just the issue of That, of course, is the time at which they would movement is handled differently at, say, be most likely to have received drugs, to have Numinbah from how it would be handled at had drugs passed to them during a contact Woodford. This legislation sees the removal of visit. For the protection of the public, despite the general manager's rules. the fact that a number of organisations have I want to talk a little bit about reward for referred to the indignity of strip searches and effort. The original Prisons Act provided for so forth—and I have outlined their reward for industry and prison behaviour. The arguments—if a prison is to be kept safe and if general managers were able to make we are genuine in our endeavours to make decisions on those sorts of matters. For prisons drug-free places, there has to be the example, at the time of the Charleville floods, ability to conduct strip searches after a visit. providing they had the appropriate That will be the time when prisoners will have classification, prisoners were involved in the drugs on them. I am of the view that prison clean-up operation. They were rewarded with officers must have the ability to undertake task marks. Reward for effort is an incentive. It such searches. is a way of dealing with hardened people and The issue of testing of prisoners, and giving them some sort of chance and particularly the statistical testing of prisoners, is opportunity for rehabilitation. a strange part of this legislation. This This Bill also is very ambiguous regarding legislation provides that if drug testing for the use of force. Under this Bill, a Corrective statistical purposes is conducted and anyone Services officer can use force—for example, is found to be positive resulting from that can shoot when necessary under quite testing, no disciplinary action is taken against extreme circumstances—but it removes the those prisoners. It just seems absolutely power for Corrective Services officers to ludicrous. If we are serious about wanting to undertake strip searching. If a visitor was get rid of drugs from prisons, any time that a suspected of carrying drugs or weapons, prisoner is tested and found to be positive, the prison officers used to be able to initiate a appropriate and correct disciplinary action search. Under this Bill, only a police officer can should be taken. It has to be accepted, I think, 4468 Corrective Services Bill 14 Nov 2000 that if you are incarcerated in prison, a system prison system, but generally the official visitors of drug testing can be conducted. If you are have been very well received over the years found to have drugs in your system, then the and are seen as being a very important part of appropriate action is taken. the cog. In the majority of cases, these people Ion scanners should be used have been very well respected by the staff and permanently, and if there is any detection of the prisoners, and in many cases their advice drugs on visitors or prisoners during the course can be very helpful to the prison management. of a visit, certainly those prisoners no longer Under this legislation, official visitors, who deserve to have contact visits and a non- have previously been appointed for three contact visit should be capable of being years, will be appointed for a far shorter time. ordered. The general manager currently has The numbers can be restricted and it is a the power to declare that visits should be non- backwards step. When we look at the visionary contact visits. Every prison officer could tell us improvements brought about by Kennedy, the how drugs are passed, particularly mouth to restrictions that are being placed on these mouth, at the end of a visiting session. It is official visitors is a backward step. It almost mostly speed and heroin, which are less bulky. indicates that the Government is frightened of It is a serious problem that has to be dealt the official visitors scheme. It is a well- with. It is quite ludicrous to have statistical managed scheme and it is important that it be testing and no penalty and the other issues kept the way it was. We will be moving some dealing with contact and non-contact visits. amendments in that regard at the Committee I turn to the major increase in perimeter stage. and reception security undertaken by the I also want to mention the general coalition Government. Those major manager's ability to impose terms of improvements, implemented under the confinements. Presently, general managers coalition Government where a prison was are able to impose a penalty of up to seven found to be of unsatisfactory security days for various misdemeanours. Under this standards, have been a major boost to prison Bill, the general manager can only impose up security. Since those measures were to three days, and this is after a convoluted implemented, the number of escapes has process through the department. It means that been limited. The measures involved the they will always go for three days. It will impact erection of razor wire and the installation of upon the prison management, especially when electronic devices. The reception areas dealing with unruly prisoners. underwent a dramatic improvement, with X-ray For prisoners to be classified as unruly, equipment and proper perimeter patrols being they must accumulate three major breaches. instituted. That was one of the many The process that will be in place will be so improvements put in place by the coalition convoluted that it will be very difficult to get Government during its term, along with the more than three days to provide that particular major prison redevelopment and construction penalty or punishment for the prisoners. program. As I said at the outset, the important thing The other topic I want to touch on about this Bill is that, despite all the issues I again—and I have mentioned it previously—is have gone through—and there is a whole official visitors. The official visitors scheme range of issues there—we in the Opposition emanating from the Kennedy report has been take the point of view that No. 1 is security and one of the successes of prison management. No. 2 is safety of the staff. I think that the It has been a very good management tool to safety of staff is just as important as the overall enable general managers and staff to control security of the prison. What I mean in terms of the temperament of a prison. This Bill restricts security is that the public want to see prisoners some of the arrangements in terms of official when they are locked up stay locked up and visitors. It provides for a restriction on the not escape. It is important that the staff are number of official visitors to a prison. It also able to receive training. It is important that the restricts the ability of those visitors to access rehabilitation process we put in place is documents. They are able to access the practical, is available and that we are doing the documents only at the prison in question. right thing by the outside community when Notwithstanding what we might determine prisoners reach the end of their term. to be the rights of prisoners, the official visitors Hopefully, when they leave prison they will be system has been a very, very good a better person or less likely to offend. management tool. There may have been one As I said, one of the real problems with or two times when the official visitors may have this legislation is that prisoners with terms of been a bit of a burr under the saddle to the under two years will be let out earlier under 14 Nov 2000 Corrective Services Bill 4469 conditional release and will not be subject to of the prisons and of community corrections, any form of supervision. They are the most which is ongoing—24 hours a day—and it is vulnerable prisoners. They are generally the important that that goes ahead. We have younger ones and generally those who have some very strong disagreement with certain committed their first, second or third crime. clauses in the Bill and we will be debating This is probably the time when there is the those clauses in detail. best chance of rehabilitation. To put them out Mrs ATTWOOD (Mount Ommaney—ALP) without any form of supervision or an ongoing (12.27 a.m.): I rise to debate some of the program is just a recipe for disaster and it is aspects of the Corrective Services Bill 2000 probably not safe to do so. which, in essence, consolidates and I also want to bring to the Minister's rationalises corrective services into one piece attention the matter regarding the Criminal of legislation. As a member of a number of Justice Commission that has been brought up community advisory committees for institutions in the media that this Bill will provide an at Wacol and Wolston Park, I am able to keep extension of powers for the Criminal Justice in touch with the operations of local prisons Commission to investigate matters of and the community perception of the misconduct, other complaints of corruption and corrective services system. so forth in the private prisons. I would like the The recommendations of the 1999 Minister to tell the Parliament where the commission of inquiry were welcomed by specific head of power that allows the CJC to prison staff who were feeling somewhat investigate complaints of official misconduct insecure about the future of the Department of can be found in the Bill. Corrective Services and their positions. To Mr Barton: In the amendments I will be Corrective Services staff, prisoners are human moving in Committee on which we briefed you beings and are treated as such. The general this afternoon. policy thrust of the Bill is the safe and humane Mr HORAN: It certainly was not in the Bill. containment, supervision and rehabilitation of At the time that that was raised in the media, I those sentenced to a term of imprisonment checked through the Bill and could not find and those in custody or on remand. The any head of power to do that. It is in the majority of offenders are eventually let out and amendments, so I will be looking through need to establish themselves back into the those tonight. community. Therefore, a vital aspect of prison life needs to be rehabilitation. The person Mr Barton: We briefed you this afternoon. entering jail must have proven changed Mr HORAN: The Minister briefed me on behaviour before exiting the system. In most one amendment, as the Minister knows. cases it is not the period of confinement that matters but how effective that period of I have just about run out of time, but rehabilitation is. there are certainly a number of amendments that we will be moving. I will be discussing It is important that prisoners, having those amendments and some of the clauses offended against other citizens, be contained in detail. in a disciplined drug-free environment away from the influences of a society which tempts I want to conclude by saying that this is a them into antisocial activity. Specifically, this very large Bill. We see some significant means the use of drugs which is a major problems in the Bill, particularly in the area of contributor towards the escalating crime rate in the conditional release and the statistical Queensland. testing for drugs. We are also very concerned about some of the changes being made to This is becoming more and more an arrangements for official visitors, but I will be issue, particularly where young people are debating and questioning the Minister on concerned. One of the more appalling aspects those as we go through the clauses. of official statistics is that young males commit a majority of the crime, usually at a ratio of five The Opposition will not be opposing the to one. This means that young females are Bill because last year we debated and considered less criminal than young males in supported the previous amendment Bill. This absolute terms and that the types of crimes does bring together that legislation and other committed are less serious. Keeping drugs legislation into one Act, so a large part of the and violence out of prisons, despite the level substance of this is the sort of thing we have of prison security, has always been a debated and supported in the previous Bill. challenge. That is why searching of prisoners I also take the point of view that this Bill is and visitors needs to be undertaken on a important for the ongoing day-to-day operation regular basis under strict guidelines. 4470 Corrective Services Bill 14 Nov 2000

This legislation clarifies the authority of past 12 months 229 contraband items have custodial officers to conduct searches of been found due to strip searching. prisoners and their visitors. There are a This Bill's provisions in relation to search number of methods which could be used for powers are clear and comprehensive. They searching inmates. These include scanning clarify the uncertainties that surround the searches, general searches, personal current legislation, which is in the best interests searches, strip searches, body searches and of prisoners, visitors and correctional staff. I searches of the accommodation of prisoners. commend the Bill to the House. These searches are, for the first time, clearly defined in this legislation. The searching of Mr LAMING (Mooloolah—LP) visitors and other people is also clarified, and (12.32 a.m.): It gives me great pleasure to rise the Act's clear intention is that visitors will not to speak to the Corrective Services Bill. As the be subject to strip searches by correctional shadow Minister has already spoken, I do not staff. need to go into the detail of the Bill as carefully as he did. I will be restricting my comments to Clause 126(5) authorises Corrective some wide-ranging matters in relation to Services officers to require visitors to submit to corrections. a scanning search and/or a general search if Two or three members of the Public the visitor is at the correctional centre for a Works Committee are present in the House contact visit with an inmate or has been there this evening. It is a very interesting committee, for that purpose. Should the visitor refuse to and many members have had the opportunity submit to a general search, approval for a to serve on the committee over the years. As contact visit may be revoked. Reasonable and honourable members would know, the necessary force may be used with a visitor who committee has opportunities to have is ordered to leave the centre and refuses to inspections and hold inquiries on some very do so. interesting subjects. The committee has had Searches conducted on persons entering occasion to visit correctional centres at Stuart or leaving a correctional centre may include a in Townsville and at Wolston. The men's and search of the hair of the head, clothing or women's facility at Wolston prison are very new footwear, either by hand or approved and compare favourably with some of the apparatus. Drug searches may be conducted older facilities that we saw in Townsville. on inmates and persons entering and leaving Some people in the community believe or being in the vicinity of a correctional centre. that prisons these days are something like two The assistance of a drug dog may be used for or three-star motels. Whilst they might be searching premises, places or motor vehicles clean and modern, when you hear the big near a correctional centre. door slamming behind you, even when on an Strip searching has always been an issue inspection, it is a reminder that it is nothing like which is of great concern to the general public a motel. It is definitely a prison. It is not a place in relation to human rights and personal to be found in if a person has an alternative. violation. As mentioned previously, it is the At the Wolston prison we inspected the Act's clear intention that visitors will not be women's facility. I was surprised at seeing the subject to strip searches by correctional staff. If youth of some of the women prisoners. I think the need for such a search arises, it will only the average age of the prisoners was be conducted by police officers in accordance somewhere in the early twenties. I do not with their statutory powers. believe a woman can be admitted to the facility under the age of 18 years. A lot of the This Bill specifically recognises the prisoners seemed to be between the ages of importance of respecting the dignity of 18 and 30 years. prisoners being searched. To ensure the prisoner's dignity during a strip or personal We moved further through the facility and search, the Bill requires that an officer of the found that a number of the inmates had same gender only may search a prisoner. The babies and toddlers in the prison with them. Bill does not propose mandatory strip These children remain with their mothers until searching of prisoners following a contact visit. they are of school age. That was of great It provides for a strip search where the person concern to me personally. It is unfortunate that in charge of a correctional facility reasonably young mothers have to rear their children in suspects that a prohibited object is concealed prison. I suppose as the children grow older on the prisoner's person. Strip searches have they will remember their early days when they provided a considerable deterrent to the were locked up in a prison. movement of contraband within the prison I asked one of our escorts why so many system. I have been informed that over the young women were in prison, and I was 14 Nov 2000 Corrective Services Bill 4471 advised that in many cases it was to do with in those days liquor was seen to be a problem drug-related crimes. This is a modern in the community and something to be kept phenomenon. It is something that Australian away from the people. and overseas Parliaments must address. A I dare say that, over a longer period, such great percentage of men and women are in has been the case with our Aboriginal prison because of drug-related crimes. community, who have been exposed to Because the community looks at the detribalisation, then boredom, frustration and justice system fairly closely, Governments look alcohol. I think that has contributed greatly to at it in the same light. We tend to concentrate the problem. So it was right up until 1958, on crime and punishment. We see the crime when I made my first visit to Papua New and we see the punishment, and we do not Guinea, that the native peoples there were not think about it any more because these people allowed to have alcohol at all. They were not who have been convicted of serious and even allowed to handle it. When I went back violent crimes disappear into correctional there to work in the 1970s, alcohol was centres. We no longer think about them available to them. In that short space of because we do not see them. The visible face time—a little over 10 years—I could see that it of the problem is crime in the streets and had had a tremendous effect on the police officers carrying out their duties. community there. I am sure that if any of us Many of us quite often call for longer went to New Guinea today, we would see that sentences, particularly in relation to serious the disintegration of tribalism and frustration and violent crimes. This leads to more people has led to those people being affected by in prisons. It also means that we have to have alcohol. I do not know whether drugs are a more prisons. I believe the shadow Minister problem in New Guinea; I suspect by now they spoke of the cost of keeping people in prison. are. I was going through some Public Works What we have seen happening in New Committee records earlier this evening and Guinea in a short period of time—perhaps in a saw the cost of building prisons. It is a huge lifetime—is what has happened in Australia cost because of the unique construction of perhaps over three or four generations. prison facilities. It is a burden on the Although nobody has been around long community to construct prisons and keep enough to see what has happened in prisoners in them. Aboriginal communities over that time, we can Where is the real problem? Is it simply see that it has certainly happened in a short that there is more violence in the community time frame in Papua New Guinea. That gives these days than there was years ago? Are us an opportunity to identify some of the more people affected by alcohol or drugs? problems—the frustrations, the anger, the alcohol, the violence—that lead to crime. We have a particular problem with the ATSI community. When we visited Stuart Once upon a time, the prisons were prison at Townsville we noticed the percentage mainly populated with criminals. In this day of ATSI prisoners there. ATSI people are very and age—although obviously we still have much over-represented in our prisons. A lot of criminals and they need to be in jail—there is thought has gone into this matter. an extra dimension to the prison population. Governments will need to continue looking They are not only members of the ATSI very closely at this issue. community; they are also young people. That is very sad. Those young people have also One wonders where these problems seen the deterioration of their own community originate. Only last evening I was reading a in very much the same way as has occurred in newspaper clipping from 1884. It referred to the native communities in New Guinea and our when the British moved into New Guinea and Aboriginal community over a longer period in claimed that area to stop it from becoming a Australia. Young people have been dislocated German colony. The newspaper extract refers from mainstream society. In many instances, to a Commodore Erskine, who told the native that has occurred because of lack of work. chiefs that the land had been placed under They then experience frustration and a certain the protection of the British Crown to ensure amount of anger, and that leads to the abuse the rights of the natives against the evil of alcohol and drugs and antisocial behaviour. influences of low-class whites. He went on to say, "Should bad men come amongst you It is very important to ensure that these bringing firearms and gunpowder and matters are addressed. Rather than regarding intoxicating liquors, you are not to buy them prisons as places where these problems can and are to give notice at once to the Queen's be solved, we have to look at the problems officers and such men may be punished." So that exist in communities before people find 4472 Corrective Services Bill 14 Nov 2000 themselves before the court, before they find difficult job than it was in our parents' time. We themselves in jail. People who commit acts of have dislocated families, both in a geographic graffiti, road rage and lesser crimes of violence and a social sense. These issues deserve, as well as those who commit more serious need and must receive a lot of attention so crimes of violence, such as violence directed that young people grow up without towards their partners and children, quite often experiencing some of the problems that we finish up committing drug-related crimes and, have become used to seeing. the saddest one of all, youth suicide or die in I should not neglect to mention policing. I custody. Of course, deaths in custody are not think that the Minister would be surprised if I restricted to the ATSI community; the did not mention policing. It is very important European community, too, suffers this very that we have police on the ground. We live in sad outcome to a very unfortunate situation in a freer society in which people are able to the community. access things that were not available to a lot of I do not want to paint a grim picture. us when we were younger, such as nightclubs However, to be realistic, I believe that the best and hotels that are open all night. People get time to address the problems experienced by around a lot more. Therefore, it is necessary to the prison population is before young people have more police on the beat so that go to jail. Governments must be vigilant in job people—young people in particular—are creation. I know that both sides of this House picked up when they play up in the streets at and both sides of all the other Houses of night. The only way that we can do that is to Parliament in Australia, including the Federal have police on the beat. Parliament, talk about jobs and job creation. We all have to work harder in this area and I know that I say this a lot—and I know think outside the square. I believe that there is that a lot of us in this place say it a lot—but I plenty of work to be done in our communities. think that we need to have more police on the There are simply not enough jobs. We have to beat so that they are seen, so that young find ways to convert work that needs to be people will be less likely to get into trouble. I done into jobs for people, particularly young will continue to keep calling for extra police people. right across Queensland. I do not think that we should just be looking at the police to I believe that work is the best form of population ratios in other States of Australia; I welfare. I know that, in the ATSI community, think that we should be looking at the need in the Community Jobs Program is working very Queensland. If that need indicates that we well. The Aboriginal elders have a very high have to have 50% more police than the other opinion of the benefit of this program. States have, so be it. Police numbers is a very Similarly, there is the Work for the Dole important issue. program. Of course, it would be better if there were real jobs available in the private sector for I will continue calling for Queensland to these people. But while those jobs are not have more police, particularly in my own area. there, I believe that the Work for the Dole It is an issue that I have raised on previous program is a very good program by which occasions and I will continue to raise in the young people can lift their self-esteem and be future. Those are the things that we need to able to re-enter, or enter, the work force. That be looking at. I know that a number of program is much better than there being no amendments will be moved at the Committee work at all. We should be looking at programs stage, and that is good. I commend the work such as those. that is done by the officers in Corrective Services. It is a very difficult and a very tough We should also be looking very strongly at job. the drug issue. I referred to that earlier. This problem must be tackled head-on. We must One of the things I noticed at Wolston take a white-knuckled approach to it and was the workshops provided for both the men impose the strongest possible penalties for and women. It is always a balancing act to those who deal in drugs and a firm give jobs to people so that they can be rehabilitation program for users to give them involved in rehabilitation without those as much support as possible to throw off that industries competing with industries outside habit. We also must provide, wherever we can, the prison walls. That debate has been going support for families—for people whose children on for years and years. However, I believe that are addicted to drugs. Of course, not just there are answers to this. I believe the families that are affected by drug addiction but Government should be ensuring that the all families should be given assistance with industries conducted inside prisons do not parenting. These days, a lot of the modern compete with industries outside them. A strains on life makes parenting a much more number of import replacement industries that 14 Nov 2000 Corrective Services Bill 4473 are not occurring outside prison walls could be Prisoners at these sites will still have access to set up. I have had discussions with senior official visitors. This can occur on their regular corrections officers in relation to this. return from the remote sites to the WORC I turn now to the issue of prisoners headquarters at Wacol. They will not therefore, changing their name whilst in prison. The as some suggest, have their rights abrogated prisoner Valmae Beck has changed her name. in any way whatsoever. I do not think that should be allowed inside The official visitors' role to hear complaints prisons, particularly with respect to violent and from offenders on community-based orders serious offenders. There is also the issue of has not been translated into the new prisoners lodging compensation claims for legislation. It must be remembered that these things that they claim happen to them while in offenders are not in secure environments but prison. I am sure the Minister would agree with are serving their sentences whilst remaining in me that these sorts of things are simply not the community. They therefore have access to on. They are not there to have rights. They all the avenues available to the general surrender a lot of their rights when they go into community to lodge any complaints. Again, prisons, particularly those guilty of serious and the rights of prisoners have not been eroded. violent crimes. Some criticisms have been made that Mr PITT (Mulgrave—ALP) (12.52 a.m.): official visitors cannot make any Corrective The Corrective Services Bill 2000 represents a Services officer or prisoner answer any long overdue rewrite of legislation and brings it question put to them by the official visitor. into line with current community expectations. Such a requirement would contravene a The Bill provides for the abolition of remission fundamental legislative principle under the and an assurance that each and every serious Legislative Standards Act, that is, that offender is released under some form of adequate protection must be provided against supervision. The Bill provides for consistency in self-incrimination. Not only do prisoners' rights the operations and procedures of all corrective have to be maintained; so, too, is there a services across the State within reasonable need to preserve the rights of Corrective bounds. The Bill tightens the measures used Services officers. to control the use of telephones and written The giving of this power to official visitors correspondence by prisoners. The Bill also would result in duplication and, most likely, clarifies the issues surrounding the application conflict. Official visitors will have access to any of strip searches and the use of force within documents kept for the purposes of the Act facilities. Corrective Services facilities are and are to be provided with a copy of such a dynamic and complex institutions. To document. The new provision within the effectively manage them in the best interests Corrective Services Bill 2000 does not limit the of society as a whole and in the interests of official visitor's power to have access to the staff and inmates requires the documents relevant to an inquiry undertaken establishment of practices that are transparent by the official visitor. and clearly understood by all stakeholders. The Criminal Justice Commission Official visitors are important elements of jurisdiction includes Government-run prisons our Corrective Services framework. Prisoners and, under the Bill, it will be extended to still have certain rights and the concept of privately run prisons. This is vital if there is to official visitors is recognition of this. There has be any meaningful standardisation of the been debate surrounding the Bill's provision for ability of the CJC to appropriately investigate official visitors to be appointed at the discretion Corrective Services issues. of the chief executive. However, I have been In conclusion, I congratulate the Minister assured that there is definitely no intent to on bringing this Bill before the House. The make the appointment of official visitors community has every right to feel secure in the discretionary. On the contrary, such knowledge that our Corrective Services appointments will continue to be made to facilities are being run professionally. They Corrective Services facilities. demand that the incarcerated are kept secure As the Bill deems that Corrective Services and that inmates pay their full dues to society. facilities also include WORC sites, it is In a civilised society, they demand that the important that the Bill offers some flexibility. basic rights of inmates are preserved. This Bill Most of these sites are at remote locations goes a long way towards achieving these and to appoint an official visitor to these sites ends. I commend the Bill to the House. would be highly problematic. The new Mr NELSON (Tablelands—IND) arrangements are a practical response to the (12.56 a.m.): I intended to say a fair bit on this broad availability of access to an official visitor. Bill but, given the late hour and given that 4474 Corrective Services Bill 14 Nov 2000 many of the points I wanted to raise have said that the Government is going to fix it. I already been raised, I will concentrate my know the police up there are still waiting. The speech on Mareeba and Lotus Glen, a very watch-house is substandard. A watch-house large prison facility inside my electorate. I wish that has a workload the size of that at to address in particular the relationship of the Mareeba watch-house, which is in close prison with Mareeba and the watch-house proximity to a courthouse, needs to be there. repaired. The police are working in dangerous Important points raised included the strip conditions and prisoners are being held in searching of prisoners, being able to hold dangerous conditions. This is not suitable at prisoners for four hours and so on. Anyone all, especially given the notion in this Bill that who knows Mareeba would know its position prisoners could be held in that watch-house for relative to Lotus Glen. I have raised this issue a longer period than is now the case. Given with the Minister. On a Sunday afternoon in the current condition of the watch-house, that Mareeba there is only one police crew on duty, is totally unacceptable. That is a message that if we are lucky. That means one car with two needs to be hammered home today. I guys in it and one guy in the control room. For sincerely ask that the Minister give us some example, that crew could be attending a fatal sort of time frame for the completion of that traffic accident for an indefinite time, especially work. if a car has gone down a creek bed or there is An honourable member interjected. a fatal accident on the Barron River. When an Mr NELSON: Exactly, especially in light of incident of that nature occurs no police are Aboriginal deaths in custody. Mareeba watch- available in Mareeba to respond to a strip house has a high turnover of Aboriginal search. inmates. That watch-house has had problems That needs to be addressed in one of two in the past. I know that the Minister is aware of ways: either by increasing the police manning this, but I am just making it quite clear— levels at Mareeba to cover this eventuality at Mr Barton: Funding is an issue. Lotus Glen or by changing the Bill so that that does not apply to Lotus Glen—and I do not Mr NELSON: As I said, we have been think that would be workable in the long run. I waiting for quite some time. Given that we are ask the Minister to look at this very important in an election year and all that sort of stuff, issue of police response times to calls from that is one issue that I know will become very Lotus Glen. The police there are incredibly important in Mareeba for the next year. efficient and do a very good job. They have Mr Veivers: Next year's the election year. my full support. But getting out to Lotus Glen Mr NELSON: The honourable member is a very difficult proposition for them if they are knows what I mean. How long does he want tied up on jobs in Mareeba. Police me to talk for? Five minutes or 10 minutes? emergencies have to come first at all times. The other thing is use of force. They have to be able to provide a service to the people of Mareeba and surrounding areas. Mr Veivers: Are you sure about that? We also have to take into consideration the You said "this year". fact that the Mareeba police cover a huge Mr NELSON: I said "next year". The area. The Mareeba police district is bigger than honourable members are just wasting time. the City of Brisbane; it is probably bigger than The next point I want to make is on the south-eastern Queensland. There are only a concept of being able to search prisoners. It few police covering a large area that has within has always amazed me that we can have a it a prison with maximum security areas. This is drug problem in a prison, which is a controlled a very important point and I sincerely ask the facility. If we really wanted to stamp our drugs Minister to address this in his summing-up. in prisons and if we really wanted to make sure The Mareeba police in particular have asked that none of these dangerous articles could me to raise this. get to prisoners, we would have the same The other point is that the Mareeba sorts of things that are in place in some of the watch-house is a substandard facility. The really high security prisons in the United States Minister knows this. It has been raised with him and in the UK, where people cannot have by the Police Union and by the policemen at contact with prisoners unless they have been Mareeba on numerous occasions. The strip searched. This is the validation: a prisoner Minister knows that the watch-house at with a known history of drug use who mixes Mareeba is incredibly substandard. As far as with people who are drug offenders and who the union and I are concerned, it does not then receives visitations in prison should have meet any of today's standards for a watch- some sort of watch put on him. He is a prime house. I know the Minister is aware of this. He candidate to be handed drugs while he is in 14 Nov 2000 Corrective Services Bill 4475 prison, especially if he is willing, if he has the given the types of prisoners who are held at means outside of prison to be able to pay for Lotus Glen. those drugs and if he has an ability through The last issue I want to raise is one that close visitation to have those drugs handed to was raised with me. I have written to the him in prison. That is an issue that has often Minister about it, and I am still waiting for a been brought up with me. I cannot understand reply. That is the issue of the response group how we can have a controlled facility such as a at Lotus Glen. I have been told by people at prison with drug problems. the prison that they have lost their pagers. As I Many of the guards at Lotus Glen are said at the outset, Mareeba and Lotus Glen quite amazed at some of the contact visits that are a fair distance apart. Anyone who has are allowed between prisoners who are known been up there will know that. The response drug offenders, who have contacts on the time for the emergency response unit to Lotus outside and who can easily be passed drugs in Glen is determined by their access to pagers. I that situation. There needs to be some sort of have written to the Minister about this issue. change in policy on that issue in general, He knows full well what I am talking about. I because drugs in prisons should be totally implore the Minister to abandon this very small unacceptable. There cannot be rehabilitation cost-saving measure and return these pagers while prisoners still have access to hard-core to the officers to make sure that these people drugs. It is impossible. It cannot be done, no can be paged on call. In the long run that will matter what sort of slant is put on it. That area provide a higher level of safety not only for the is one that really needs to be tightened up. prison and the prisoners who are held there but also for the guards, their families and, in I refer to the use of force. Honourable the long run, the people of north Queensland. members have to understand that in some of On the very first page of the Minister's these prisons, especially in the case of repeat second-reading speech, he clearly states— offenders, people who have been in jail two or three times and people who know they are "I have also toughened security going to be staying in jail for quite some time, provisions in our centres, and we have not the prisoners have nothing to lose by flogging had an escape from one of our secure a guard. Basically, if at the end of the week custodial facilities since the Beattie they are pent up or have a lot of frustration, it Government assumed power in June provides a bit of excitement for them to give 1998." the guard a flogging. I have been told this by Given the recent escape in Mareeba, that the security guards at Lotus Glen. We really is no longer true. I cannot hold the Minister to need that safety factor. We really need to be that statement now because, again, he made able to use force to control some of these that and we have the power of hindsight. But a people. prisoner did escape from Lotus Glen and that is a shame, because Lotus Glen has a good Unfortunately—and I do not want to get record of being able to hold its prisoners. into the background of this—these people sometimes come from a culture of violence. Mr Nuttall: Didn't he escape from a prison The only thing they understand is the farm? reciprocal use of force to put them back in their Mr NELSON: No, I am pretty sure that he place. Parts of this Bill that I have read are escaped from inside the secure part, not the very good, because they clear up a lot of prison farm. I will stand corrected if that is not issues, especially in relation to the use of true. I hope it is not true. This happened only deadly force in escapes. Again, sometimes the recently. I am going on the information I have. only deterrent a prisoner has when he is Mr Nuttall: You'll stand corrected. heading for the wire is the guy in the watchtower with a rifle. I have heard of some Mr NELSON: I will stand corrected if I am escapes in which prisoners have actually got to not correct. The point of the matter is that no the point where they can escape, but the last escape is good. As many of the guards out thing that stops them is the guards in the there have said, if you cut back on any sort of watchtowers with rifles. Even if it is only a current funding to the prison, you are cutting deterrent, it is an effective one; in some cases back on the minimum standards that that it keeps prisoners in jail. prison needs. As far as the prison guards there are concerned, Lotus Glen is running on As I said, I did not know we were going to minimum capacity. Any cut to that is cutting be debating this Bill at 1 o'clock in the into the bare minimum which Lotus Glen morning. I do have a prison in my electorate. It needs to operate. That statement is from is a huge issue in my electorate, especially people who have been there for 20 to 25 4476 Corrective Services Bill 14 Nov 2000 years. They know what they are talking about. have taken place, along with the specialist They have been dealing with this issue a lot squads dealing with this problem. If we look at longer than we have. that overall, we see that the incidence of drugs Having said that and having raised those in prisons has dropped from around 20% to important points, I do hope that the Minister around 5% and that escapes from secure canvasses especially the subject of the police custody are down from 135 to zero. I think that at Mareeba having to conduct strip searches is something about which we can all be very, at Lotus Glen, which will take them out of their very proud. We all know that Queensland is a police division, take them off the streets of much safer place for it and we are finally Mareeba and take them away from their putting to bed once and for all the coalition's primary role, which is protecting the citizens of revolving door prison policy. I think the Minister Mareeba from crime within Mareeba. I hope is to be commended for that. that the Minister addresses that issue, This Bill, particularly its focus on because that is an issue that has been put to remissions, will not give offenders the me by the police officers themselves. opportunity to reoffend as a result of a lack of Mr MUSGROVE (Springwood—ALP) supervision out in the community. I think the (1.06 a.m.): I can assure the honourable Minister is to be commended for that. For the member for Tablelands that we have not yet sake of brevity, I will conclude my contribution. had an escape from secure custody in I congratulate the Minister on his fine work in Queensland since the Beattie Government the preparation of this Bill. came to office. Not only that, but under the Mrs GAMIN (Burleigh—NPA) (1.09 a.m.): coalition Government, he may recall, there There are a number of issues that arise in were some 135 or 137 escapes and absconds relation to the Corrective Services Bill that have from Queensland's prisons. He should caused concern to many people who are compare that with the record of zero under this deeply engaged in the management of Government. That is something for which the prisons and prisoners. In my brief contribution I Minister and the Government are to be very propose to discuss two elements of the much commended. Bill—official visitors and electronic monitoring. I could not let the comments of the But before I do so, I would just like to make member for Mooloolah pass. He described some general points. young people as "natives" and said that they This legislation seems to assume that were undergoing some sort of process similar prison policies will be the same for all centres, to that which indigenous Australians one size fits all, and that they—and we all underwent at the time of colonisation. I will not know who "they" are—know best. In fact, every say too much on that other than that it is an institution requires policies that fit its own insult to both young people and indigenous needs, and one size definitely does not fit all. Australians. Take Numinbah and Woodford as an The member for Toowoomba South example. One is a place for low-risk prisoners; demonstrated, once again, that he does not the other a place for the very worst in the understand the portfolio. On one hand he was system. Under the Kennedy recipe for jail supporting the views of the Council for Civil administration in use to the present time, Liberties in relation to strip searches, but then general managers' rules were designed for later on in his speech he said that prison each centre, reflecting differences. Under this officers need more powers in relation to strip Bill, these rules will all go. It is not difficult to searches. I think he has just about given up on see that this Bill is one that was designed by the portfolio. One really has to feel sorry for bureaucrats for bureaucrats. It is not legislation him as he faces such a competent that would have been proposed by operational Government and a competent Minister people. Under this Bill, prison staff are merely administering Corrective Services, compared functionaries. with the appalling record of the previous That is not only demeaning, it is wrong Government. and counterproductive. Reward for good In relation to the issue of drugs, which behaviour and industry was introduced long some members have raised, one of the ago in Queensland. It was in fact introduced in statistics which is very telling is that under this the 1958 Prisons Act 42 years ago. Under that Government the incidence of drugs in prisons system, prisoners helped out, and helped out has dropped from some 22% down to around tremendously well, in the Charleville floods. 5%. That has come about since this There are instances where prisoners at low- Government came to power and instituted the security establishments are actually members very forceful and thorough searches which of the State Emergency Service. This Bill, at 14 Nov 2000 Corrective Services Bill 4477 least by form, removes that facility. It removes Ombudsman's Office—rather than by the perhaps the single most important element in Department of Corrective Services." encouraging prisoners to rehabilitate I believe there is merit in that position. themselves. I am sure that this is not what the Such a solution brings the prisons into the Government set out to do or what it wants to community and serves to foster the public achieve, but that may be the effect, and that interest in the fair and efficient administration would be a bad thing. of institutions for which the taxpayer foots the There are a number of ambiguities in the bill. In passing, I also want to pay tribute to the Bill that could, in some circumstances, prove to work that the Salvation Army does in its prison be dangerous and will certainly be expensive. ministry. Two or three times I have had A Corrective Services officer can use lethal occasion to call for help from the Salvation force in some circumstances, but this Bill takes Army when constituents had relatives within away the power to strip search visitors to the prison system. The Salvation Army officers prisons. This will have to be done by police. have been most helpful. Their work in the The Bill therefore cannot be cost neutral. prison ministry is truly commendable. Prisons will need a police presence at certain I turn now to the issue of electronic times, or at least the capacity for police to monitoring. The electronic monitoring of answer a call-out. Under this Bill, Corrective prisoners released to home detention is now in Services can hold visitors only for four hours on use in a number of jurisdictions in Australia suspicion. That in itself will also put pressure and overseas. The United States has led the on police. way. There are proven benefits to the State There are other areas of concern, and from applying a process of electronic some of them have already been canvassed. monitoring of some prisoners. Home detention My chief concern, and it is the one which I is the cheapest option for housing offenders. strongly urge the Minister to reconsider, relates Economies of scale are said to improve the to official visitors. I believe the official visitor financial saving that can be expected from the system has worked well and is working well. use of the technology. It is also clear that, at Indeed, I know a couple of official visitors. least in the jurisdictions concerned where They are dedicated people who believe they electronic monitoring has been introduced, have a mission to accomplish. Under this Bill, community concern as to the types of that mission and its accomplishment may prisoners allowed access to home detention become much more difficult. The Bill proposes has been alleviated by restricting access only to make the appointment of two official visitors to low-risk prisoners who have not committed to each prison optional rather than mandatory. crimes of violence. It proposes to restrict their powers to Electronic monitoring is an advance in investigate complaints, to question corrections corrections policy that Queensland should officers and to access documents. I believe embrace. In Australia it has operated in South this would be a retrograde step. I urge the Australia since 1994-95 and in New South Minister to look at it very carefully. Wales since 1996. In New Zealand, a program has just commenced after a two-year trial. In In the 1988 Kennedy recommendations, the United Kingdom, the scheme in use the official visitor scheme replaced the operates under the rationale of a disciplined previous system of visiting justices. It was a return to the community—in short, a big step more user-friendly system, if I may use that towards rehabilitation. My electors in Burleigh term, and it still is. There are many are certainly interested in the rehabilitation of circumstances where a prisoner might feel law-breakers where possible and would much more comfortable talking to an official naturally want to see such a process visitor—a non-judicial, non-authority figure— encouraged. However, they might well feel that than to someone within the system. I they need to know a lot more about what the commend to the Minister the view of the Government actually proposes before saying Catholic Prison Ministry on this issue. It says— yes. In that context, it is not clear how the "Official Visitors should not be Government proposes to enhance reduced in any way and their ability to rehabilitation as a policy option by shutting the investigate prison complaints prisons to public view. That is something else independently and impartially should be that seems to have resulted from the extended. Official Visitors should report bureaucratic process by which this legislation direct to Parliament and be administered has surfaced. by the Parliamentary Commissioner for There is one other area of the Bill I want Administrative Investigations—the to discuss briefly, that is the issue of drugs and 4478 Corrective Services Bill 14 Nov 2000 their control within the prison system. It is they should retain the power to require essential that prisoners are free of illegal the provision of information and the drugs, or at least as free as it is possible to answering of questions, to be now make them. We might never achieve a zero qualified by appropriate protection for presence, but we can certainly have a policy of persons against self-incrimination. The zero tolerance. A strict regime of testing for lack of such a power precludes them from drugs must surely be mandatory. I know that carrying out 'an appropriate review' of my constituents believe that this should be so. decisions that impact on individual rights Mr PAFF (Ipswich West—CCAQ) and liberties, for example, maximum (1.16 a.m.): The corrective services are security orders (clause 47) and special responsible for administering penalties and treatment orders (clause 39) and is a orders handed down by the criminal courts that breach of fundamental legislative require some form of supervision or custody of principle. See Legislative Standards Act the offender. This may include imprisonment 1992 Section 4(3)(a). on either a full or part-time basis, community An allied power that assistance must service or other forms of supervised work, be provided to an official visitor should be home detention or good behaviour bonds backed up with an enforcement provision under supervision. According to the Minister, in accordance with the usual practice of the policy objective of the Corrective Services the parliamentary draftsman. The Bill Bill 2000 is to provide for the safe and humane lacks such a provision." containment, supervision and rehabilitation of Finally, they state— sentenced offenders and persons detained in custody on remand. A major priority is the "The provisions dealing with safety of the community and the safety of staff breaches of discipline by prisoners are and visitors. seriously flawed in two respects. First, the officer taking disciplinary proceedings is In his second-reading speech, the not required to serve notice of the alleged Minister advised that this Bill represents a breach on the prisoner in breach of a complete overhaul of all Queensland principle of natural justice. See Legislative Corrective Services legislation, which has not Standards Act 1992 Section 4(3)(b). been done since 1988. He advised that the changes made are tough but fair. On the Secondly, in conjunction with a surface, this legislation seems reasonable. provision that empowers the hearing However, there are a few matters that the City officer to ask questions of a prisoner and Country Alliance would like the Minister to any other person, no appropriate address. The first relates to Part 6 of the Bill protection is provided against self- concerning the appointment, functions and incrimination. See Legislative Standards powers of official visitors. We have received a Act 1992 section 4(3)(f)." copy of correspondence from Peter Butler and The City Country Alliance believes these Graham Lee, the official visitors for the Sir concerns are justified and will appreciate the David Longland Correctional Centre, outlining Minister addressing these concerns in his their concerns about certain aspects of the Bill. reply. There is no doubt that two of the major These are— problems facing Australian Governments in the "The necessary independence of criminal justice area are prison overcrowding official visitors has been seriously and the enormous cost of keeping people in compromised, and their effectiveness prison. This has forced Governments to seek impaired, by the placement of legal alternatives to imprisonment, including early responsibility for official visitors with the release options for prisoners, as outlined by chief executive. the Minister in his second-reading speech. The Minister should take legal I am pleased to note that the Beattie responsibility for official visitors in Government has taken a tougher stance on accordance with the long established serious offenders serving their entire sentence constitutional and legislative principle for by way of abolishing remissions. Instead, the visitors to closed institutions in this state Bill ensures that all serious offenders have to and in the other Australian states and the undergo some form of supervised release. City Northern Territory." Country Alliance fully supports criminals serving 100% of their sentences. Although the They go on— legislation does not achieve this, the "To enable official visitors to be able supervised release requirement is at least a to perform effectively their 'watch-dog' role small step in the right direction. However, to on behalf of the wider public community, make this fully effective, the Corrective 14 Nov 2000 Corrective Services Bill 4479

Services officer responsible for supervising the thank my colleagues from my parliamentary offender needs to ensure that any provisions committee: the members for Mount of the release order are carried out strictly with Ommaney, Mulgrave and Springwood. I thank the utmost proficiency. the shadow Minister for his contribution and his I refer now to comments made by Ken indication that the Opposition will not oppose Cook, a parolee of Victoria, in his speech at this Bill. That is very important to the debate the 1990 Australian Institute of Criminology we have had and to the major reform process conference. During his speech, Ken spoke of we are undertaking in prisons. I also thank the his experiences in prison, his interview with the other coalition members who have spoken— parole board and his subsequent release. He the members for Mooloolah and Burleigh—the emphasised the difficulties associated with member for Tablelands and the CCA adjusting back into the outside world, spokesperson on this issue, the member for especially when initially released. Pre-release Ipswich West. programs, including community service work, This Bill is part of completing the major and special leave before release to organise round of reforms that we have undertaken in parolees' future lives are both seen as corrections during this term of the Beattie essential for successful reintegration into Government which started with the review society. Ken states— conducted by Frank Peach and his team that "Prior to my parole, I was involved in produced the report entitled Corrections in the the pre-release program. I had eight Balance. We legislated in 1999 to set up the months of that and came to the new department, but we then proceeded conclusion that this scheme was helpful to through a massive amount of consultation in both myself and departmental people relation to what occurred not just during the connected with the scheme. The period of Corrections in the Balance being put community work done can be observed together but also during the period over which by the officer in charge, and so an the discussion papers that led to this Bill were assessment of the person's adjustment circulating. We had a draft Bill out for can be done that bit easier. discussion. Community work is unpaid work and I In reality, all of the parties—and they have suppose, in a way, it is part of paying been referred to by a number of people back society. No-one really likes having to tonight—who are still opposed to this Bill had give up his/her own time to perform this plenty of opportunity to put their point of view work, but it is part of the pre-release to the Government and to the public before we program conditions. finalised this Bill. This Bill has been before the At the same time, it allows us to be Parliament since July, and even since then we able to talk both with the supervisor and have made yet further adjustments as a result fellow workers and so makes all feel more of some of those approaches and as a result comfortable. of the views that have been put to us by the Scrutiny of Legislation Committee. These sorts of things all help to make an ex-prisoner feel okay in the normal I make it very clear that the Government world. The work itself may not be what we will be standing on its position on this Bill like doing, but it is normally in friendly and despite those protests. We have listened to local surroundings and makes things just those people. They have views. We have that bit easier or better." taken into account their views, but we need to understand that they are people who are City Country Alliance strongly supports reflecting the views of a narrow interest—the truth in sentencing. We also realise the interests of inmates in our correctional importance of preparing prisoners for their centres—and it is the Government's view to release once they have served 100% of their legislate in line with the wider public opinion. sentences. It is vital that upon their release The fact that the coalition has indicated it will they are sufficiently well adjusted to take their not be opposing the Bill and that the CCA has place in society rather than to be a threat to it. indicated it will support the Bill is very We will be supporting this Bill, but we will be important. It gives the Government some looking to the Minister to address some of the support. In fact, it makes the Government feel concerns that I have outlined. good that we are very close to having this Bill Hon. T. A. BARTON (Waterford—ALP) right, and of course there is some opportunity (Minister for Police and Corrective Services) to consider things further at the Committee (1.24 a.m.), in reply: At the outset I thank stage. I say at the outset that the Government everybody who has spoken in this debate is absolutely determined to have the highest tonight for their contributions. I particularly level of security in our correctional centres. We 4480 Adjournment 14 Nov 2000 are also absolutely determined to drive drugs Parliament. Local residents were recently out of our correctional centres. notified by the ever hardworking Councillor Tim I will make some comment about a few of Nicholls of the Brisbane City Council's approval the issues. Some people are critical of our of an application by a private concern to process of doing away with remissions for construct a waste transfer station on conditional release. I make it very clear that I Queensland Rail land in Pinkenba. understand that 95% of those people who now I need to stress that my constituents who serve two years or less do not access live in Pinkenba are not anti-development and graduated release and they walk out after two- they are not anti-business or industry. They of thirds of their sentence has been served, with course appreciate that they live in a very well- absolutely no conditions or clawback. This is a defined and in many ways a heavy industrial major improvement on behalf of the area next to the Brisbane Airport and the Port community of Queensland. It has gotten some of Brisbane. They therefore have been and of the interest groups offside. I am afraid that are very willing to live next to industrial sites they are going to have to live with it. and tolerate reasonable nuisances that may The media provisions that are in this Bill emanate from such sites. are consistent with what is in the current In the main, I think it is also fair to say that legislation, as recommended by Jim Kennedy there is a very, very strong and constructive and as drafted by Jim Kennedy on behalf of working relationship between the residents and Russell Cooper, which Russell Cooper brought the businesses of Pinkenba, Eagle Farm and to this Parliament in 1988. Their history goes Myrtletown because all appreciate that, without back as far as 1925. To the media sources the support of each other, the harmony and who say that I am suddenly introducing new the balance which exists in Pinkenba could not legislation to restrict them, I have to say that be maintained. I was therefore surprised when that is not the case. The very reasons the I recently started receiving correspondence provisions have been that way since from concerned constituents about the 1925—the very reasons Jim Kennedy not only proposal to establish what they consider to be recommended it that way but also drafted it effectively a rubbish dump on railway land that way—are just as valid today as they were adjacent to the old Pinkenba Railway Station then. on Eagle Farm Road. My constituents are With regard to official visitors I simply objecting for several reasons, the least not make this point: when the official visitors were being the total lack of consultation and in their heyday there was no judicial review, notification of the proposal to local residents there was no ombudsman and there was no prior to its approval by the Brisbane City CJC overseeing it—or the whole range of other Council. tests and safeguards that we now have. We On 1 November 2000 I wrote to the are maintaining official visitors at very high Minister for Local Government and Planning, standings, but I must admit that we cannot the Honourable Terry Mackenroth, MP, maintain the scheme in the manner that they stating— are seeking because there is a whole range of "After reviewing the documents that I other legislative provisions that also precludes have forwarded to you, it would seem to us. Because of the nature of the hour, I will me that sufficient public notification in conclude. I indicate that I look forward to relation to this issue did not occur and in discussing a number of those issues during my view the community is well and truly the Committee stage tomorrow. justified in expressing the views that it has Motion agreed to. to me and other local representatives." I then asked the Minister to look into this issue with a view to determining whether all ADJOURNMENT EPA and other local government regulations Mr MACKENROTH (Leader of the House) and laws were complied with when the (1:30 a.m.): I move— application to establish a waste transfer station "That the House do now adjourn." was considered by the council and by the EPA. I do acknowledge that the Brisbane City Waste Transfer Station, Pinkenba Council effectively had no power to reject the Mr SANTORO (Clayfield—LP) (1.30 a.m.): application by the private concern because the Something has recently happened to infuriate application had obviously been approved by the residents of Pinkenba, a suburb which I Queensland Rail, which had agreed to lease have the honour of representing in this its land to the private concern, which is 14 Nov 2000 Adjournment 4481 therefore effectively a lease from the State need to be assessed not as an industrial area. Government. Comment from the Department of Emergency As honourable members know, a Services should have been sought. The Government enterprise or the State stormwater management plan deals only with Government itself can basically do whatever it the removal of suspended solids, which is wishes on its land without even having to let clearly inadequate. More detail is needed local residents and neighbours know about its about types of construction materials and intentions or indeed its plans. In fact, this is green waste to be treated on site. All sorting one town planning aspect which I believe and storage areas should be adequately needs to be seriously considered for an sealed as to minimise smell, dust and vermin overhaul. I believe that the public has the right that could dramatically affect the existing to be notified in a timely fashion of any residential area. development plan which Governments may The erosion and sediment control plan is have in relation to their property holdings. At not definitive and current erosion problems least once upon a time members of have not been addressed. Air and odour Parliament were notified of any property controls have been given no consideration in developments which were occurring in their this document. Noise is not considered in the constituency, but unfortunately even this under cumulative context. Instead, it relies on the new EPA legislation has been background noise to state it will have an discontinued. insignificant impact. The proposed 200 metre buffer zone to residents is totally inadequate I think that I can do no better than due to the nature of the operation. quoting directly from a letter that I have received from the Bayside Residents Against My constituents believe that they have Toxic Sites Inc, an organisation of local citizens not been consulted and they do not have all of which seeks to represent the views of the local the information available to them that they community when issues such as the one that would require to properly assess the we are discussing here tonight arise. application for the construction of a waste transfer facility at Pinkenba. It may in fact My constituents have listed the following come to pass that some of the above- as major reasons for concerns in relation to the mentioned concerns can be eliminated if only proposed waste transfer facility, including: the they are consulted in a proper and meaningful existing fill on the site shows signs of severe fashion and if they are then given the tunnel erosion, which will make effective storm opportunity to work together with the council, water and leachate control impossible in its the developer and their elected current state; the fill observed on the site may representatives and through them, this State be contaminated; the nearest residential Government, in order to progress this issue to address to the site is well within the stated the satisfaction of all. 200 metres from the site's northern boundary; operating hours between 7 a.m. and 6 p.m. I urge the Minister to assist me, with 160 vehicle movements with a five-hour particularly in my dealings with the EPA, and I peak period between 10 a.m. and 3 p.m. at no look forward to working constructively with more than 15 vehicles per hour—that is 75 State authorities including Queensland Rail in vehicle movements—leaving 85 movements in the best interests of my constituents. the remaining six hours, which equals 14 vehicles per hour in early morning and late Business Activity Statement; Southpine afternoon when traffic flows are at their peak Indoor Centre and the most dangerous; Radio Street is located to the west of the Pinkenba residential Mrs LAVARCH (Kurwongbah—ALP) area, but this does not mean that no vehicles (1.34 a.m.): As all members are aware, last will pass the community as Lomandra Drive Saturday was 11 November, a day which holds provides equally easy access; and visibility of great significance in Australian history. It was the site is only partially obstructed to residential the day on which, in 1880, Ned Kelly was blocks by the mangroves. hanged; it is the day on which we all stop for two minutes' silence at the 11th hour in The environmental issues considered in memory of those who served and gave their Chapter 4 fail to address leachate control, lives during the four years of the war that odour control, vermin control and other health would end all wars—hence its name issues. It is unclear how the material will Remembrance Day—and on this side of the remain on site for only 24 hours. The site is Chamber it is also remembered as the day of located in close proximity to major hazardous the dismissal of Gough Whitlam and it serves facilities and impacts such as traffic fire risk as a reminder to us to maintain the rage. 4482 Adjournment 14 Nov 2000

We can now add to this list another by the New South Wales Chamber of occurrence on the 11th day of the 11th month Commerce showed that 70% of the 900 which will be remembered forevermore, this businesses it surveyed said it took more than occurrence being it was the day businesses in six hours to complete and that no-one could Australia had to submit their first business do it without help. So I think the member for activity statement, or BAS, as part of the so- Toowoomba North is pulling our leg. I called GST simplified tax reform package. The challenge all the other members of the Deputy Premier referred to it as D-day in coalition to go and contact a small business in Parliament here last week, a most apt their electorates and ask them if they would description, for it has signalled the death of give them their financial statements and their small business in Australia. next BAS form and have a go at completing it. Yesterday in the Australian Peter Switzer, I am sure if they go through that exercise, the in an opinion piece, had some interesting third BAS form will be a far different form to the things to say and they are worth repeating first one. here tonight. He said— In the time I have remaining tonight, there "Dear Prime Minister, knowing how is a second matter that I wanted to raise. This you've always expressed your respect and is an exciting new project under way in Pine concern for small business owners, I hope Rivers. This project, which will provide much- that on the 11th hour of the 11th day of needed indoor stadium recreation facilities in the 11 month, after giving our fallen war our area, is the Southpine Indoor Centre. It heroes their due respect, you gave a has been constructed at the Southpine Sports passing thought to the 2 million small Complex at Brendale and is due for business owners who have gone through completion either at the end of this month or a substantial ordeal over the past few early next month, depending on the rain. I weeks. understand that it is also close to being fully booked already. Come the second or third Business Activity Statement, many small business The Southpine Indoor Centre is being owners could have such significant cash- built by the Pine Rivers Shire Council at a cost flow problems that they could also be of $1m, with the State Government having casualties of your war on a poor tax made a significant contribution of $322,000 system." towards the cost. The centre will be a two-court stadium and will become home to basketball, With all due respect to Mr Switzer, and netball, badminton and futsal, which is five-a- whilst agreeing with some of that opinion, I do side indoor soccer. This project is another not believe many small businesses will actually great example where the State and the Pine get around to submitting their second or third Rivers Shire Council are working together for BAS. They will not be around because of cash the benefit of all shire residents. I congratulate flow problems but because of the ordeal and the council for undertaking this project and torture of completing the BAS form itself. The look forward to continuing to work with the torture of this supposedly simple form has council for the advancement of our region. surely been enough for most to have either given up in disgust or at least be begging for mercy. Naturelink; Unemployment, Gold Coast I wonder if any member of the coalition Mr HEALY (Toowoomba North—NPA) has attempted to complete this supposedly (1.40 a.m.): The Beattie Labor Government is simple form. If the BAS form is the Federal forever telling us that it is all about jobs, jobs, Government's idea of a simplified tax recording jobs. The Minister for Tourism seems to have system, it has got to be joking. ignored that particular policy, given her Mr Healy interjected. opposition to the Naturelink cableway project to link the tourist coast with the unique Mrs LAVARCH: The member for environmental drawcard of the Springbrook Toowoomba North says he has completed a plateau in the hinterland. BAS form. How many hours did it take him? An article that appeared in the Weekend Mr Healy: Not long. Bulletin on Saturday, headlined "Why Merri Mrs LAVARCH: How many hours did it voted 'No' " should be required reading for take him? everyone in the Government who still confuses public duty with private electoral advantage. Mr Healy: Not hours. The Minister might like to note the findings of Mrs LAVARCH: That it did not take him her own party's polling in her seat of Currumbin hours is surprising, considering a survey done which shows that, in terms of issues, jobs rated 14 Nov 2000 Adjournment 4483 well ahead of the environment among her It was immoral of the Beattie Government electors. Polling also showed that 94% of to string along the proponents of Naturelink Currumbin electors knew of the Naturelink and see them waste $3m when the pre- proposal, and 62% backed it. election promise of no development in natural heritage areas used to dump the project could What we see, therefore, is a clear case of have been invoked long ago. I do not know of funk beating spunk. Labor is not prepared to anyone who would want to damage do the hard sell on an innovative tourist Springbrook. I do not know of anyone outside drawcard because it is scared that the green of a few deeply committed—but in my view vote will run away and—to extrapolate from the misguided—Greens, some Springbrook Minister's point of view in the run-up to the residents and apparently the Labor Party's 1998 election—tip her off her life raft into a sea fixers who suggest that anyone would. of sharks. Naturelink would not attract every tourist who Yet jobs are the primary focus in the visits the Gold Coast, but it would offer a new electorate of Currumbin—or they should be. In option and a different experience—an the most recent statistical breakdown energising experience—to a great many available, Coolangatta had a jobless rate of people. 18.1%, Bilinga 17.5% and Tugun 12.3%. The With careful planning and sensitive statistical local area had an overall implementation and with strict rules of unemployment rate of 11.3% against the operation and reasonable limitations—all of State figure of 7.6%. these, quite rightly, are things that The member for Currumbin has more Government and communities insist on—it than one duty to her electors and to could be a tremendous boon to the coast as a Queensland. She is also the Minister for whole and to Springbrook in particular. What Tourism—in a seat that is an important part of we are seeing in the deferment, and probably this country's primary tourist resort. Her job is to death, of the Naturelink cableway project is a boost tourism. In Currumbin, she has a unique capitulation of the Government and the opportunity to boost both Queensland tourism Minister for Tourism in the face of the prospect and the local economy, yet she will not rise to of green opposition at the polling booth. that obvious—and I would argue wholly A potentially worthwhile and potentially beneficial—challenge. very valuable tourism project that would generate many more jobs than it would directly She is running scared. She is so doubtful create has been sacrificed. It has been of her Government's capacity to win an sacrificed because Labor powerbrokers see argument that she will not risk peeking out the possibility that the party's Currumbin from under her green security blanket. Let it be primary vote could fall by 2% and, if green quite clear that so far as mainstream arguments are strong, effectively a swing of up environmental questions are concerned, the to 8% against Labor in the seat. Labor is not coalition position is well within the tolerance prepared to argue a case for proceeding. It is level of most green sympathisers. We proved just going to run away and hide. That is the that in the 1995 State election. My friend the sort of leadership we have become member for Burnett was instrumental there, accustomed to seeing from the Beattie Labor and he is a cattleman. Government. There is little doubt that, if issues such as The Minister for Tourism, like the the Naturelink proposal were within the brief of Government at large, has a greater duty than the local communities concerned instead of to concentrate on self-preservation. If there are being matters for Labor Party advantage- cogent arguments against a cableway from playing at State level, the project would have Mudgeeraba to Springbrook, which would take received the go-ahead. It is a fair bet that, left visitors to the coast on a magical ride through to decide a wider range of matters for the tree-tops to one of the most appealing and themselves than the Labor Party and its spectacular summits in Queensland— backroom apparatchiks are prepared to arguments that simply do not reproduce concede, local communities would produce a sectional local interest and arguments that the whole set of sensible decisions that take deep Greens seem to make their living from— account of real environmental questions, while then let us hear them. None of them were at the same time promoting responsible apparent in the Cabinet decision—in which the development on an agreed local model. Such Minister for Tourism forgot her place and her a policy would go a long way towards reducing duty and voted with the herd—that has killed the shocking level of unemployment in various off the Naturelink proposal. That is a parts of the electorate of Currumbin. disgraceful shame. 4484 Adjournment 14 Nov 2000

State Purchasing Policy Both of these priorities will ensure that Mr ROBERTS (Nudgee—ALP) local firms are given a greater opportunity to (1.45 a.m.): Good government is about acquire contracts to supply goods and services implementing good policy decisions. I want to to the Government. Whereas the previous give a pat on the back to the Minister for policy was heavily weighted towards following Public Works and Minister for Housing, Robert the processes outlined, the new policy gives a Schwarten, and his departmental officers who clear direction to focus on outcomes which were involved in the development of the new include the Government's priorities, value for State Purchasing Policy. This policy is a money and probity and accountability. The significant improvement over the pre-existing policy in no way guarantees that local suppliers policy and incorporates some good, solid will be successful in all cases, but it certainly principles that will give local suppliers a greater improves their chances. chance of supplying goods and services to One of the other key objectives of the Government departments and agencies. new State Purchasing Policy is to achieve In recent times there has been some value for money. Under the old policy, this concern about the granting of contracts to simply meant the whole of life cost of the good or service being procured. The new policy supply goods and/or services to interstate, and expands the definition to include the cost of sometimes overseas, firms. There are a few doing business with particular suppliers—for things that need to be said about that. Firstly, example, the costs of acquiring, using, it is not possible for Queensland firms to holding, maintaining and disposing of the provide all the goods and services required by goods and services being purchased. It also Government departments. Our industrial base includes a requirement for departments and is simply not large enough or diversified agencies to consider the contribution the enough for this to occur. It is therefore purchase makes to the advancement of the impractical for a purchasing policy to totally seven Government priorities referred to earlier. exclude interstate or overseas suppliers. It can, however, facilitate the involvement of local Government departments and agencies suppliers where value for money goods and will also be required to plan how they are going services can be locally sourced. to advance Government priorities as a part of their implementation of the new policy. I am Two recent policy announcements will go aware that the department is currently a long way towards assisting local firms receive developing an audit process to ensure that more of the Government purchasing dollar. Government purchasing officers are aware of They are the new State Purchasing Policy and the new requirements and that proper the Local Industry Policy. Local suppliers will planning and accountability mechanisms are in be assisted in gaining contracts from place. Government departments and agencies by a The policy now gives departments and significant change in focus in the new agencies a little more flexibility, backed up by purchasing policy. Through the new policy, the stronger accountability mechanisms, to choose Government is insisting that purchases be the most appropriate form of procurement for considered in the light of the overall objectives their particular circumstances. For instance, the of the Government as laid out in seven key old policy sets some thresholds where quotes priorities which have been endorsed by or public tenders were required. Quotes were Cabinet. required from at least three suppliers. In some The new State Purchasing Policy requires instances, the only source immediately departments and agencies to demonstrate available was from an overseas or interstate how their purchasing decisions support these supplier, which meant that a local firm that Government priorities which address a broad may be able to gear up to supply the product range of social, economic and environmental with enough notice missed out. The new policy objectives. The most relevant priorities which will allow departments to develop those will assist local businesses and suppliers is the relationships with local suppliers where value objective of creating more jobs for for money purchases can be achieved. Queenslanders. This involves a targeted I know from personal experience in my reduction of unemployment to 5% within five own electorate that some firms have felt years, and also an objective to assist business aggrieved by some of the purchasing and industry to create secure and sustainable decisions of Government departments. I jobs. Another related priority is the objective of believe that this new policy, which will be building Queensland's regions and skilling progressively implemented in all departments Queensland. over the next 12 months, will provide more 14 Nov 2000 Adjournment 4485 opportunities for local firms to supply goods mode of transport, especially due to the and services to the Government. current unpalatable petrol prices. The new State Purchasing Policy has The Motor Cycle Riders Association of been developed in such a way that it Queensland Inc. wishes to bring 10 current integrates with the Government's Local issues to the Minister for Transport and Main Industry Policy. It aims to ensure that, when Roads. These issues are as follows— making decisions about purchases, 1. Q-ride—approve a two-year trial of Government departments and agencies will be competency-based rider training and required to ensure that local industry is given a certification as detailed in the Q-ride draft full, fair and reasonable opportunity to be paper as from January 2001; considered for major work being undertaken in Queensland. 2. safer road users—to encourage all road users to use the roads according to the I commend the Minister and his conditions rather than by numbers by department for taking the initiative on this vastly improving training, education and issue, and I look forward to monitoring the reappraisal; implementation of this policy over the coming 3. rules, policing and penalties—introduce years. an agenda of rules, penalties and policing that will emphasise fairness and justice in Motor Cycle Riders Association of place of the current agenda which Queensland emphasises cost-effective, politically expedient laws; Mr FELDMAN (Caboolture—CCAQ) 4. safer road surfaces—remove the debris (1.49 a.m.): On Sunday, 22 October this and aggregate left after road building and year—a very wet and rain-soaked Sunday in post repair; improve drainage; introduce Brisbane city, I might add—the Motor Cycle non-slip road-marking paint; reduce Riders Association of Queensland Inc. held a roadside hardware to an absolute rally outside the grounds of Parliament House. minimum; Being the concerned group of decent, law- abiding citizens these riders are, they had not 5. consultation—involve motorcyclists in all taken the unprecedented step of taking time aspects of road safety and safe road use off from their employment to attend Parliament consultation, not just those considered to House to protest Government inaction. The directly involve motorcyclists; organiser and secretary of the MCRAQ, Stuart 6. front numberplates—no front Mason, was very happy with the turnout of numberplates or identification riders. transponders for motorcycles. Front They wished to present their list of issues numberplates would create serious affecting them as motorcycle riders on the handling and cooling problems; roads in Queensland and suggestions as to 7. wire rope barriers—place a moratorium on how Government might assist in making riding any further installation of non-rigid wire a less hazardous means of transport. I was rope roadside barriers; remove all current there with them, having ridden from installations of this type; ensure that all Caboolture—and, yes, I was quite wet. I roadside barriers comply with the spirit attended the rally to listen to their concerns and the letter of Australian Standard with respect to the serious issues of road AS3845:1999 and remove those that do safety affecting motorcycle riders. I also hoped not. It is ironic to say the least that that I would be able to assist with the roadside barriers are placed to protect presentation of their concerns on the floor of those already protected by metal cages, Parliament. seatbelts, airbags, etc., without any Having held a motorcycle licence since I apparent concern shown for the more was 17 and ridden trail bikes on farm vulnerable such as bikers and cyclists; properties for years before that, I felt quite 8. tolls—motorcyclists to be allowed to use aware of the legitimate concerns that were to all toll roads and bridges without paying be raised. There are over 73,200 motorcycles tolls. Motorcycles are an efficient means registered in the State of Queensland. There of transport that cause little or no wear or are more persons holding a licence to ride tear on these structures. Motorcyclists motorcycles than actually owning a registered receive little or no benefit from their road motorcycle. Motorcycle enthusiasts deserve a and registration fees; voice and deserve to be heard. More and 9. high occupancy vehicle lanes— more people are turning to motorcycles as a motorcyclists should be allowed to use all 4486 Adjournment 14 Nov 2000

high occupancy vehicle lanes, if only to crafts were put up for sale to the general improve motorcycle safety and efficiency; public. On the Saturday there were many 10. noise limits—no further restrictions on cultural events on the agenda. These included decibel noise limits for motorcycles. didgeridoo decorating, basket weaving, face painting, traditional earth oven cooking and I table the issues paper as presented to performances by Torres Strait Islander me by Mr Tony Pearson, the President of the dancers, Malu Kiwai and Acacia Ridge Murri Motor Cycle Riders Association of Queensland School Dancers, and Aboriginal storytelling Inc.—laminated to avoid it getting wet that day and singing. and stop the speaker from highlighting or corrupting the document itself. It is important in this changing society that cultures and traditions are maintained. It is The riders were most perturbed with the equally important that people in the Aboriginal Minister for Transport's sudden love for the community are able to publicly display their brifen wire rope barriers, known as cheese talent and rich culture. There were many adults graters by riders, as preferred roadside and children who were fascinated by the barriers. Due to the concerns raised by riders, activities presented at this festival. I thank the the Sutherland Shire Council in NSW has organisers from Milpera State High School and moved to ban the potentially dangerous wire Benanawa for allowing this event to rope fencing. The MCRAQ is hopeful that the materialise. Minister for Transport will place a moratorium on the installation of these barriers that are at Sometimes we tend to get too involved in the moment being erected on Anzac Avenue, everyday living to stop and appreciate this land Redcliffe, and have been erected along the we live in and its mysterious past. The Pacific Highway. I also table for the information Aboriginal people have been making the most of the House a copy of an article from the Live of Australia's natural resources for centuries to Ride magazine concerning the brifen and have a lot to tell us about how it should be fencing and its danger to motorcycle riders. treated and appreciated. Let us not forget our history when we are making decisions about Another issue raised by the riders at the our future. rally was the length of time road surfaces that were scarified were being left. This is a The Mount Ommaney electorate is full of dangerous practice—leaving these scraped people who are concerned about the future of road surfaces in that condition and thereby our children. A few years ago an idea was destroying the ability of motorcycles to conceived about generating an avenue maintain traction. through which local youth could express their talents and skills. This idea came from a group I thank all the riders from the various clubs of very community-minded people living in my that were present that day and look forward to electorate of Mount Ommaney. It was the the next rally in Hervey Bay. I also look forward brainchild of the Rotary Club of Sumner to assisting the Ulysses Motorcycle Club with Park—a group of very busy businesspeople the toy run later this year. I wish all of those who get together for the good of the local motorcycle riders who attended the rally that community. Their objective was to tap into the day in the wet a safe motoring Christmas. vast array of talent within our local schools and promote it to the local community. Indigenous Art and Craft Show and Cultural All schools endeavour to bring out the Festival; Youth Arts Festival best in their children, but unless one is a Mrs ATTWOOD (Mount Ommaney—ALP) parent or a teacher how does one know the (1.54 a.m.): I am always happy to be invited to achievements of a particular school? The the Indigenous Art and Craft Show and Rotary Club of Sumner Park, through a lot of Cultural Festival at the Milpera State High hard work and commitment, organises the School. This event has become an annual Youth Arts Festival in these suburbs every joint venture between Milpera State High year. Last year it was held at St Aidan's School School and the Benanawa Community and this year it was held at the Darra-Jindalee Development Association and it is funded by Catholic School oval in Jindalee as part of its the Brisbane City Council cultural development spring fair. grant system. It was great to see such a good I continue to be impressed by the local turnout for the opening on Friday night, dedication and commitment of this club, which 27 October. There were many magnificent successfully brings out the best in our young pieces of Aboriginal artwork displayed, which people. Art, dance and music were featured truly were representative of some of the talent on stage at the oval at Jindalee with bright- in the Aboriginal community. The arts and coloured costumes, performers smiling brightly 14 Nov 2000 Adjournment 4487 and young children enjoying themselves immensely while the community looked on. Hundreds of people passed through the spring fair and witnessed the talent of our local kids. Grandparents were beaming and pointing out their grandchildren on stage. Altogether it was a great day, which included TAJA, the River City Jazz Band and regular appearances from Michael and Patrick Ellwood. I give congratulations to the Darra- Jindalee Catholic School on hosting the spring fair and to the Rotary Club of Sumner Park for their perseverance, commitment and determination to make the Rotary Youth Arts Festival an ongoing success. Motion agreed to. The House adjourned at 1.57 a.m. (Wednesday).