PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Wednesday, 12 October 2011 (Extract from book 14)

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor The Honourable ALEX CHERNOV, AO, QC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP

Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP

Treasurer...... The Hon. K. A. Wells, MP

Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP

Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP

Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC

Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC

Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP

Minister for Education...... The Hon. M. F. Dixon, MP

Minister for Planning...... The Hon. M. J. Guy, MLC

Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC

Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP

Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC

Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP

Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP

Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP

Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP

Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP

Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC

Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP

Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP

Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP

Cabinet Secretary...... Mr D. J. Hodgett, MP

Legislative Assembly committees

Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulos and Mr Walsh.

Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.

Joint committees

Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.

Heads of parliamentary departments

Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert

MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS

Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP

1 Resigned 21 December 2010 2 Elected 19 February 2011

CONTENTS

WEDNESDAY, 12 OCTOBER 2011 Joan Adamson...... 3590 Kevin and Betty Overend...... 3590 PETITIONS Mullauna College: debating...... 3590 Planning: green wedge development...... 3581 1st Vermont Scouts: 90th anniversary...... 3590 Bridgewater-Maldon Road: repair...... 3581 Jill Fletcher ...... 3591 Victorian certificate of applied learning: Greensborough College: funding...... 3591 funding...... 3581 MATTERS OF PUBLIC IMPORTANCE School Start bonus: funding...... 3581 Victorian certificate of applied learning: Gisborne-Bacchus Marsh Road, Bullengarook: funding ...... 3591 speed limit ...... 3581 STATEMENTS ON REPORTS Children: Take a Break program ...... 3582 Public Accounts and Estimates Committee: Buses: Kinglake service ...... 3582 budget estimates 2011–12 (part 1)...3610, 3612, 3613 Churinga Employment Support Services: future...... 3582 Public Accounts and Estimates Committee: DOCUMENTS ...... 3583 budget estimates 2011–12 (part 3)...... 3611 MEMBERS STATEMENTS Scrutiny of Acts and Regulations Committee: Victorian State Schools Spectacular: Showtime review of Charter of Human Rights and 2011...... 3583 Responsibilities Act 2006 ...... 3614 Kerang Primary School: Victorian Premiers’ Public Accounts and Estimates Committee: Reading Challenge...... 3583 budget estimates 2011–12 (part 2)...... 3614 Spain: cultural ties ...... 3583 VICTORIAN COMMISSION FOR GAMBLING AND Vietnamese children’s festival ...... 3584 LIQUOR REGULATION BILL 2011 Former government: members ...... 3584 Second reading ...... 3615, 3624 Chinese Community Council of Australia: QUESTIONS WITHOUT NOTICE information session ...... 3584 Minister for Health: legal expenses .....3617, 3618, 3619 BlueScope Steel: job losses...... 3585 Premier: China visit...... 3617 Frankston-Flinders Road, Tyabb: traffic Bushfires: preparedness ...... 3618 management...... 3585 Australian Building Construction Commission: Westernport Soccer Club...... 3585 future...... 3620 Bendigo hospital: employment opportunities...... 3585 Members for Mordialloc and Carrum: register Albert and Beryl Medhurst...... 3585 of interests...... 3620, 3621 Rotary Club of Lilydale: East Timor projects ...... 3586 VICSWIM: Summer Kidz program ...... 3621 Frank and Merle Allard...... 3586 Minister for Police and Emergency Services: Anchor foster care...... 3586 former adviser...... 3622 Victorian Senior of the Year awards ...... 3586 Taxation: national forum...... 3623 Rail: Rowville forum ...... 3586 SUSPENSION OF MEMBER Rowville Secondary College: debutante ball ...... 3586 Member for Williamstown ...... 3621 Jim Harry ...... 3587 CRIMES AND DOMESTIC ANIMALS ACTS Pascoe Vale Panthers: premiership ...... 3587 AMENDMENT (OFFENCES AND PENALTIES) Professor Carl Wood ...... 3587 BILL 2011 McKinnon Secondary College: fundraising...... 3587 Second reading ...... 3632 Centenary Park, Bentleigh East: pavilion...... 3587 CHILDREN, YOUTH AND FAMILIES AMENDMENT David Kemp Debating Challenge...... 3587 (SECURITY OF YOUTH JUSTICE FACILITIES) Children: Take a Break program ...... 3587 BILL 2011 Floods: Rodney electorate ...... 3588 Second reading ...... 3643 Rail: regional services ...... 3588 ENERGY LEGISLATION AMENDMENT (BUSHFIRE Cheltenham Secondary College: principal for a MITIGATION AND OTHER MATTERS) BILL 2011 day ...... 3589 Second reading ...... 3656, 3680 Dingley — Journey to the Village...... 3589 SEX WORK AND OTHER ACTS AMENDMENT BILL Our Lady of the Assumption Parish Primary 2011 School: learning expo ...... 3589 Statement of compatibility ...... 3668 Brunswick Youth Action Committee: forum...... 3589 Second reading ...... 3672 Sir John Monash: commemoration ...... 3589 St James the Great Church, East St Kilda: ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL animal blessing ...... 3589 2011 Glen Eira Chinese Senior Citizens Club ...... 3590 Statement of compatibility ...... 3673 Chabad of Docklands: CCare project...... 3590 Second reading ...... 3674 : premiership ...... 3590 Mullauna College: scholarships...... 3590

CONTENTS

VICTORIAN RESPONSIBLE GAMBLING FOUNDATION BILL 2011 Statement of compatibility...... 3675 Second reading...... 3676 WATER LEGISLATION AMENDMENT (WATER INFRASTRUCTURE CHARGES) BILL 2011 Statement of compatibility...... 3677 Second reading...... 3679 ADJOURNMENT Manufacturing: i-STEP program ...... 3682 Clegg Road, Mount Evelyn: illuminated speed signs...... 3682 Brookland Greens estate, Cranbourne: landfill gas ...... 3683 Wangaratta Festival of Jazz and Blues: funding...... 3683 Buses: Geelong electorate...... 3683 Jones Road Reserve, Somerville: lighting ...... 3684 Central Victoria Solar City project: ministerial meeting ...... 3685 Ministerial-mayors advisory panel: Rodney electorate...... 3685 Carbon tax: Deloitte Access Economics report ...... 3686 Planning: Mornington Peninsula ...... 3686 Responses ...... 3687

PETITIONS

Wednesday, 12 October 2011 ASSEMBLY 3581

Wednesday, 12 October 2011 Victorian certificate of applied learning: funding The SPEAKER (Hon. Ken Smith) took the chair at 9.33 a.m. and read the prayer. To the Legislative Assembly of Victoria: This petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly the Baillieu PETITIONS government’s axing of $48 million funding for the Victorian certificate of applied learning program. Following petitions presented to house: In particular we note:

Planning: green wedge development 1. VCAL provides an important learning alternative to the VCE for students across Victoria; To the Legislative Assembly of Victoria:

This petition of certain citizens of the state of Victoria draws 2. secondary schools stand to lose up to $125 000 in to the attention of the Legislative Assembly the current funding which will impact heavily on teachers expected review seeking to turn green wedge land into commercial and to deliver the support and services despite having housing developments. inadequate time and resources to do so;

The protection, nurturing and enhancement of green wedge 3. funding has been axed despite strong objections from land has been supported by both political parties for over principals, teachers, parents and students across Victoria. 30 years in recognition of the important role that open space plays in improving the mental and physical health of the The petitioners therefore request that the Baillieu government community and maintaining the livability of Melbourne. immediately reverse its decision and restore funding to this They are the lungs of our city. vital program as a matter of urgency.

We are concerned that the current review of the green wedge, By Ms GARRETT (Brunswick) (586 signatures). which only looks at opportunities for commercial and housing development, does not get the balance right because it does School Start bonus: funding not consider the impact that bulldozing green wedges will have on the environment, the mental and physical health of To the Legislative Assembly of Victoria: the community and the livability of Melbourne. The petition of certain citizens of the state of Victoria draws We are concerned that once gone the green wedges are gone to the attention of the house the Baillieu government’s forever and that future generations will regret the destruction withdrawal of the School Start bonus payment for thousands of the green wedges. of families.

The petitioners therefore request that the Baillieu government In particular we note: stops the current review which only recognises green wedges as a development opportunity, agrees to strengthen and grow Mr Baillieu said during the election he wanted to ‘ease rather than reduce green wedge space and works with the the cost of living’ for families; community to enhance and improve Melbourne’s green wedges. Mr Baillieu has highlighted a need to reduce government spending; By Ms HENNESSY (Altona) (68 signatures). thousands of families will now miss out on the School Bridgewater-Maldon Road: repair Start bonus, increasing the costs they face; parents will continue to struggle to find the extra money To the Legislative Assembly of Victoria: needed for new school uniforms, sports equipment and books. The petition of residents of central Victoria draws to the attention of the house the failure of the Liberal-Nationals The petitioners therefore request that the Legislative government to ensure the reopening of the Assembly of Victoria urges the Baillieu government not to Bridgewater-Maldon Road, closed due to damage from the withdraw funding for the School Start bonus for all January floods. previously eligible families. The petitioners therefore request that the Legislative By Ms DUNCAN (Macedon) (29 signatures). Assembly of Victoria demands the Liberal-Nationals government make the funding and repair of the Bridgewater-Maldon Road an urgent priority. Gisborne-Bacchus Marsh Road, Bullengarook: speed limit By Ms EDWARDS (Bendigo West) (98 signatures). To the Legislative Assembly of Victoria:

The petition of the following residents of Victoria, draws to the attention of the house that the Gisborne-Bacchus Marsh

PETITIONS

3582 ASSEMBLY Wednesday, 12 October 2011

Road, Bullengarook, 80-kilometre-per-hour speed limit 4. the cancellation of this service shows a callous disregard should be extended to include the intersection of Coffeys for bushfire survivors, many of whom are still doing it Road and Haires Road, Bullengarook, to improve safety for tough financially, including some who are still yet to drivers travelling along or turning into or from these roads. complete the rebuilding of their homes.

The petitioners therefore request that the Legislative The petitioners therefore request that the Legislative Assembly of Victoria urgently calls on the Baillieu Assembly of Victoria urges the Baillieu government to work government to review this speed limit to ensure the safety of with the Kinglake community to reinstate this important rural drivers. service. By Ms DUNCAN (Macedon) (21 signatures). By Ms GREEN (Yan Yean) (17 signatures). Children: Take a Break program Churinga Employment Support Services: future To the Legislative Assembly of Victoria: To the Legislative Assembly of Victoria: The petition of the following residents of Victoria, draws to the attention of the house that funding for the Take a Break The petition of certain citizens of the state of Victoria, calls on occasional child-care program, which is provided at more the Baillieu government to halt the closure of St John of God than 220 neighbourhood houses and community centres Services Victoria Churinga Employment Support Services, across Victoria, will cease after 31 December 2011. 108-130 Diamond Creek Road, Greensborough.

The Take a Break occasional child-care program allows In particular we note: parents and guardians to participate in activities including employment, study, recreational classes and voluntary 1. Churinga currently provides a service to 140 adults with community activities while their children socialise and intellectual and physical disabilities with age ranges interact with other children in an early learning environment. between 18 to 60 years of age;

Full funding for the program was provided by the previous 2. the closure of Churinga will cause great distress to the state Labor government but will not be continued by the participants and families who have established strong Baillieu government beyond December 2011. friendships through their involvement at Churinga and who do not respond easily to change; The cut to funding will mean that families across Victoria will be unable to access affordable, community-based occasional 3. the closure of Churinga will mean that families across child care to undertake tasks that benefit the family and allow the northern suburbs caring for adult children with them to take a break. disabilities will have no appropriate service. The petitioners therefore request that the Legislative Assembly of Victoria urgently calls on the Baillieu The petitioners therefore request that the Legislative government to reinstate funding for the Take a Break Assembly of Victoria urges the Baillieu government to work occasional child-care program. with the community to save the Churinga service. By Ms DUNCAN (Macedon) (9 signatures). By Ms GREEN (Yan Yean) (133 signatures). Buses: Kinglake service Tabled.

To the Legislative Assembly of Victoria: Ordered that petition presented by honourable member for Brunswick be considered next day on The petition of certain citizens of the state of Victoria, calls on motion of Ms GARRETT (Brunswick). the Baillieu government to reinstate the important Whittlesea–Kinglake shuttle bus, which was removed without Ordered that petition presented by honourable warning and consultation with commuters. member for Bendigo West be considered next day In particular, we note: on motion of Ms EDWARDS (Bendigo West).

1. the shuttle bus was originally funded to enable bushfire Ordered that petitions presented by honourable survivors in the Kinglake area to access services in Whittlesea, Greensborough and beyond; member for Yan Yean be considered next day on motion of Ms GREEN (Yan Yean). 2. the only bus service remaining for Kinglake residents to Whittlesea is the single 562 service at 7.05 a.m. with a Ordered that petitions presented by honourable return at 4.47 p.m. meaning that it is almost of no use to member for Macedon be considered next day on people who need to commute for work or study motion of Ms DUNCAN (Macedon). purposes;

3. the cancellation is causing great distress to local residents, who use this bus service to access employment, shopping, health and educational services;

DOCUMENTS

Wednesday, 12 October 2011 ASSEMBLY 3583

DOCUMENTS Terrorism (Community Protection) Act 2003 — Reports 2010–11 under ss 13 and 13ZR

Tabled by Clerk: Victims of Crime Assistance Tribunal — Report 2010–11

Auditor-General: Victoria State Emergency Service Authority — Report 2010–11 Maternity Services: Capacity — Ordered to be printed Victorian Environmental Assessment Council — Report Supporting Changes in Farming Practices: Sustainable 2010–11 Irrigation — Ordered to be printed Zoological Parks and Gardens Board — Report 2010–11 Austin Health — Report 2010–11 (two documents). Barwon Health — Report 2010–11

Beaufort and Skipton Health Service — Report 2010–11 MEMBERS STATEMENTS Beechworth Health Service — Report 2010–11 Victorian State Schools Spectacular: Showtime Calvary Health Care Bethlehem Ltd — Report 2010–11 2011 Castlemaine Health — Report 2010–11 Mr DIXON (Minister for Education) — Central Gippsland Health Service — Report 2010–11 Congratulations to the 2500 students from Victorian government schools who took part in this year’s Cohuna District Hospital — Report 2010–11 Victorian State Schools Spectacular, Showtime 2011. I thank their families and schools, the event’s sponsors Colac Area Health — Report 2010–11 and the backstage and on-stage professionals who Country Fire Authority — Report 2010–11 supported and mentored their young charges.

Echuca Regional Health — Report 2010–11 Under this government the Victorian State Schools Film Victoria — Report 2010–11 Spectacular has now become an annual event and is a brilliant opportunity for school students to develop all Financial Management Act 1994: aspects of the performing arts within the curriculum. Report from the Minister for Environment and Climate Thousands watched the event over two performances Change that he had received the Report 2010–11 of the and many more on Channel 7 two weeks ago. The Surveyors Registration Board of Victoria depth and breadth of performing arts talent in Victorian schools is breathtaking, and this government is Reports from the Minister for Health that he had received the reports 2010–11 of: encouraging and supporting schools to excel and specialise in this exciting area. Maldon Hospital Mildura Cemetery Trust Kerang Primary School: Victorian Premiers’ Fire Services Commissioner — Report 2010–11 Reading Challenge Geelong Cemeteries Trust — Report 2010–11 Mr DIXON — I recently presented the first certificates to students who took part in this year’s Goulburn Valley Health — Report 2010–11 Premiers’ reading challenge. I travelled to Kerang Heathcote Health — Report 2010–11 Primary School, where a very large proportion of students not only took part but completed the challenge. Kilmore and District Hospital — Report 2010–11 One special student read over 100 books. The Kyabram and District Health Service — Report 2010–11 importance of reading to a child’s educational and social development is profound. This government is Latrobe Regional Hospital — Report 2010–11 providing opportunities, encouragement and support to Legal Practitioners’ Liability Fund — Report 2010–11 Victorian schools to take Victoria’s good standard of reading to an excellent standard that is world class. Melbourne Health — Report 2010–11

Sentencing Advisory Council — Report 2010–11 Spain: cultural ties

St Vincent’s Hospital (Melbourne) Ltd — Report 2010–11 Mr DIXON — To further enhance Victoria’s credentials as the language education centre of Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 113 excellence in Australia, I recently signed a

MEMBERS STATEMENTS

3584 ASSEMBLY Wednesday, 12 October 2011 memorandum of understanding with the Spanish on the shoulder by the factional heavies? Or will I go to government to strengthen language, cultural and the polls and face a humiliating defeat?’. linguistic ties between Spain and Victoria. This will involve the sharing of resources, ideas and research Then for a moment I thought I saw a glimmer of hope. between the two jurisdictions. This is a maturing of the existing strong working relationship — — Ms Green interjected.

The SPEAKER — Order! The member’s time has The SPEAKER — Order! The member for Yan expired. Yean! Dr SYKES — One office had a calendar with a big Vietnamese children’s festival circle around the last Saturday in November with the Mr LANGUILLER (Derrimut) — I was delighted words ‘Victory at last’. and honoured to attend the children’s festival organised Ms Green interjected. by the Vietnamese Veterans Association of Victoria and the Hong Bang Vietnamese Ethnic School, which The SPEAKER — Order! The member for Yan was held at Brimbank College in St Albans. I take this Yean! opportunity to commend the work of Mr Ly Ba Phu, who is the principal; Mr Hoang Chinh Dan, the Dr SYKES — But then I looked closer, and it was president of the Vietnamese Veterans Association of not the last Saturday in November 2014 or 2018; it was Victoria; Ms Truong Kim Phuong, the president of the the last Saturday in November 2022. In the words of the parents association; and Mr Bill Gordon, the president former member for Thomastown, ‘They are a sorry, of the Victoria University Secondary College school sorry bunch of people’. If only they had listened to our board. calls to plug the pipe. I also want to put on record how impressed I was with Chinese Community Council of Australia: the work of the children themselves as well as that of information session the parents and the teachers. One thing that came through very clearly at the school was that the Mr LIM (Clayton) — I rise to congratulate the partnership is working — and working well — to the Chinese Community Council of Australia (CCCA), advantage of bilingualism and biculturalism. The Victorian chapter, on hosting another successful event. reason for that is that the children apply themselves and More than 50 leaders from various Victorian Chinese work hard, the parents chip in and help the kids to get community organisations attended an afternoon through their schooling and the teachers are strongly gathering at Parliament House on 18 August. This committed to the education and the upbringing of the event was hosted by the Chinese Community Council children. They are important matters. of Australia, Victorian chapter, as an information session on its national conference in Melbourne in The SPEAKER — Order! The member’s time has August 2012. expired. Attendees heard speeches from several MPs, all of Former government: members whom warmly encouraged bipartisan cooperation and unity among Chinese community groups in Australia. Dr SYKES (Benalla) — Last night I walked down MPs who addressed this gathering included the the corridor of broken dreams, home of the Labor Minister for Multicultural Affairs and Citizenship; the Party’s has-beens, wannabes and never-will-bes. On the Leader of the Opposition; the President of the left was the office of one member Yeaning for Legislative Council, the Honourable Bruce Atkinson; attention, with not one but two corflutes containing the shadow Treasurer, the member for Lyndhurst; the photos of a once-happier camper. Shadow Minister for Finance, the member for Preston; On the right near the shipwrecked Hulls was the office and former Liberal Senator Tsebin Tchen. of another former minister Holding onto past glories. Dr Stanley Chiang, president of the Victorian chapter of The name on his door is all in upper case, whereas the CCCA said he was encouraged by the bipartisan names of everyone else are in lower case. support from both the coalition and the ALP. He The depth of despair was evident when I overheard the stressed that this gathering was a significant step for the conversation: ‘Will I go now? Will I wait to be tapped Chinese community towards achieving its goal of creating a united voice for the Chinese in Australia. He

MEMBERS STATEMENTS

Wednesday, 12 October 2011 ASSEMBLY 3585 welcomed and congratulated the more than 20 Chinese throughout Victoria to have scored a share in $840 000 community organisations who joined up as members on of Victorian government funding through the the day, and he thanked them for their faith in the work Strengthening the World Game program. The funding and vision of the CCCA. So far the Victorian chapter of boost will ensure Westernport Soccer Club can cater for the CCCA has a membership of close to the rapidly growing demand of those wanting to join in 40 organisations. the fun. The Westernport Soccer Club is currently made up of 3 senior and 11 junior teams. I must report that the Queensland chapter of the CCCA was launched on 18 September this year, so the Chinese Bendigo hospital: employment opportunities community is now linked up on the eastern seaboard of Australia. Ms ALLAN (Bendigo East) — Along with the member for Bendigo West, Maree Edwards, I am BlueScope Steel: job losses calling on the Liberal-Nationals government to match an important commitment that the Labor Party has Mr BURGESS (Hastings) — On Wednesday, made on the building project that is known as 28 September, I attended a jobs fair hosted by Bendigo’s new hospital. We are calling on the BlueScope Steel. Following the tragic loss of 200 jobs government to match our commitment that 10 per cent at the Western Port plant, BlueScope set up an on-site of all jobs on the hospital project site would go to job centre to assist people in making the transition into apprentices and people in training to ensure that a future new employment options with job searching job generation of workers in our community is trained up. training. The new Bendigo hospital project is a fantastic project, The jobs fair was a further element of the assistance and that is why Labor started the project and why Labor being provided by BlueScope and was held at the put the project well and truly on the map. We saw a Hastings community hub. The important event was last-minute, 11th-hour matching by the manned by prospective employers, state government Liberal-Nationals government of Labor’s commitment representatives, Job Services Australia personnel, to build Bendigo’s new hospital. Its members had to be training organisations, Centrelink personnel and dragged kicking and screaming to the project. What we superannuation providers. It was very encouraging to want to make sure is that the government does not miss all involved to have so many people and organisations a huge opportunity to not only build an important come together to help at such a very difficult time. project but also make sure that young people are given the opportunity to train for the future. Frankston-Flinders Road, Tyabb: traffic management Disappointingly a member for Northern Victoria Region in the Legislative Council does not share our Mr BURGESS — On Wednesday, 29 September, commitment to jobs for young people in the Bendigo along with the Parliamentary Secretary for Transport, region. When asked by ABC radio just on Monday of Edward O’Donohue, I had the great pleasure of this week to comment on the proposal to have 10 per announcing that $62 000 of works would begin cent of apprentices on the site, he refused to comment. immediately to implement a fully controlled right turn He refused to commit to jobs in Bendigo. Once again for northbound traffic on Frankston-Flinders Road we are seeing that member for Northern Victoria where it intersects with Mornington-Tyabb Road in Region, Damian Drum, abandon jobs in Bendigo in Tyabb. This intersection has had three casualty favour of his own political party. accidents in recent years and is a well-known black spot. These works will significantly improve safety at Albert and Beryl Medhurst this intersection and hopefully reduce the risk of future accidents. Mrs FYFFE (Evelyn) — I extend my warmest congratulations to Albert and Beryl Medhurst, who Westernport Soccer Club were married on 17 October 1936, which is 75 years ago, at the Methodist Church in Tunstall. Being full of Mr BURGESS — On Monday, 10 October, I had fun and energy, Albert and Beryl will be celebrating the great pleasure of presenting the Westernport Soccer this amazing milestone at a lunch with family and Club with a grant of $54 360 to enable the club to friends at the Coldstream community centre. When install competition and match practice sports lights at asked what the secret to 75 years of marriage was, Burt the Graham Myers Recreation Reserve in Bittern. The said, ‘Wide open spaces so you can walk away if there Westernport Soccer Club was one of 11 clubs is an argument’. Beryl responded with a cheeky smile

MEMBERS STATEMENTS

3586 ASSEMBLY Wednesday, 12 October 2011 and a laugh and said, ‘Yes, dear’. It is an amazing grandchildren. Their grandson Alex has been selected milestone. Congratulations! to play with the . It is deeply sad that his grandparents will not be there when he runs out Rotary Club of Lilydale: East Timor projects onto the field, but we know they will be there in spirit.

Mrs FYFFE — Tim Hewitt and other members of Merle and Frank were great working-class people and the Rotary Club of Lilydale have been carrying out great community volunteers. The South Morang branch valuable work in East Timor. They have installed over of the Labor Party, other members of the Labor Party 2000 water tanks, 1000 grain silos and countless roofs and their families will sorely miss them. Vale Frank in East Timorese villages over the last decade. Not only Allard and Merle Allard. are the thousands of tanks, silos and roofs a tremendous gift to the East Timorese in themselves, but the method Anchor foster care used to make these installations is a gift. Mr WAKELING (Ferntree Gully) — Recently I Five-tonne steel coils were shipped from the port of attended, with the member for Evelyn, the annual Darwin to the port in East Timor where local labour general meeting of Anchor foster care. Anchor provides moved the coils off the docks, transported them to home-based care for children aged 0–18 years who are factories and turned them into silos, tanks and roofing unable to live at home, as well as crisis sheets. Volunteers from Rotary work with the locals, accommodation. I congratulate Anchor on its excellent training them how to make the tanks, roofing and silos work to date. and how to install them in villages. Not only do the East Timorese receive roofs and tanks, they receive training, Victorian Senior of the Year awards valuable job skills, employment and income. It is a testament to the Rotary way. Not only do the members Mr WAKELING — As chair of the selection panel donate, the act of the donation itself generates goodwill. for the Victorian Senior of the Year awards I recently had the honour of attending the award ceremony at All moneys generated by these projects are used for Government House. The awards celebrate the talents education scholarships and bursaries for young people. and achievements of senior Victorians and the As those of us who are fortunate enough to live in contribution they make to their local communities and Australia know, education is the key to helping these to the state of Victoria. The judging panel had a communities. difficult task in the selection process given the strong field of nominees amongst the Victorian seniors Frank and Merle Allard community. Ms GREEN (Yan Yean) — I rise to pay tribute to Rail: Rowville forum two much-loved members of my community, Frank Allard and Merle Allard, who passed away on 8 August Mr WAKELING — I wish to thank all those who and 25 September respectively. It was truly devastating attended the Rowville rail forum, which the member for to lose these much-loved Labor stalwarts whose Scoresby and I hosted. As indicated by the question and funerals were exactly seven weeks apart. Frank’s answer session, attendees clearly appreciated the passing was due to a long battle with cancer and was opportunity to hear an update on the progress and expected but nonetheless sad. Merle’s passing was a findings of the Rowville rail feasibility study and to ask deep shock to all who loved her, as a sudden epidural their own questions. The Baillieu government is abscess rendered this once-active woman immobile at delivering on its commitment to consult the Knox the Austin Hospital, where she fought for life for over a community during the development of this feasibility month. study.

Merle and Frank proudly worked hard all their lives. Rowville Secondary College: debutante ball They met when they were working together in the shoe trade, and they were married for more than 50 years. Mr WAKELING — Recently, my wife and I had Frank moved on from the shoe trade and was proud to the pleasure of attending the debutante ball at Rowville have worked in printing at the Age and Herald Sun. Secondary College. I pay tribute to the debutantes, their Many of us will never forget their welcoming home. partners and the staff for organising a wonderful event. Merle’s food and parties were legendary. Merle and Frank are sadly missed by their daughters, Kim, Tracey, Kerry and Nicole, their sons-in-law and many

MEMBERS STATEMENTS

Wednesday, 12 October 2011 ASSEMBLY 3587

Jim Harry years ago at Monash Medical Centre and saw firsthand the difference he made to potential new families. Mr WAKELING — Congratulations to Jim Harry, former principal of Karoo Primary School in Rowville, McKinnon Secondary College: fundraising who recently retired after 18 years of service. The school has benefited enormously from his involvement Ms MILLER — Congratulations to McKinnon and dedication. I know that Jim will be missed by the Secondary College on raising over $15 000 for Karoo community and has left a legacy for many beyondblue through its 24/7 relay challenge. The Rowville families. 30 leadership team members, who met weekly for 12 weeks, included 357 school participants, small local Pascoe Vale Panthers: premiership businesses, parents, teachers, friends and family — a real community event. Well done to Mr Steve Bustin Ms CAMPBELL (Pascoe Vale) — I congratulate and Ms Jennifer Pemberton. the president of the Pascoe Vale Football Club, Kaye Biedukiewicz, and the Pascoe Vale Panthers on their Centenary Park, Bentleigh East: pavilion glorious grand final win. Last month the Panthers took home the Essendon District Football League B grade Ms MILLER — The state government has 2011 premiership flag. announced funding for the Julie Cooper pavilion upgrade at Centenary Park, honouring a pre-election The football club is part of the Pascoe Vale Sports commitment to the Bentleigh electorate. This Club, which is developing into a showcase sporting commitment will be a joint partnership with Glen Eira club and inclusive hub. In 2011 the club fielded a youth City Council. The council has announced that girls team and also appointed Kaye Biedukiewicz as the discussions between sporting clubs will commence in football club president. It is seeking Victorian February 2012 to ensure that club needs are met. The government funding to renovate its facilities to former member for Bentleigh took little interest in the accommodate its diverse and growing numbers. needs of the Bentleigh East sporting community; it took the Baillieu government to deliver. Congratulations to coach Dave Morgan and co-captains Michael Mannix and Vincent Randello, David Kemp Debating Challenge who led the team to a 54-point win over its old foe West Coburg. Special mention goes to the playing Ms MILLER — Congratulations to Bentleigh assistant coach, Denis Bicer, who was voted Best On Secondary College and St James College, Bentleigh Ground. East, winners of the inaugural David Kemp Debating Challenge. The standard of debate from secondary Congratulations to the rest of the players: Hanifi Pekes, school students in Glen Eira on the topics of graffiti, Glenn Poorter, Benjamin Smith, Andrew Gill, Steve cyberbullying and drinking ages was high. I thank Pretty, Jared Tydell, Joshua Williams, Bradley Tucker, David Kemp for his participation. Everyone was a Daniel Nolan, Danny O’Sullivan, Fidaa Ahmad, Brent winner on the day. Fitzgerald, Daniel Couwenberg, Toby O’Meara, Jarrod Bannister, Ashley Flavel, Corey Bannister, Matthew Children: Take a Break program Perri and Dean Tydell. I also mention the great work done by football director Neville Robinson, football Ms GRALEY (Narre Warren South) — The end of manager Graham Barr, team managers Tony Herbert the year is fast approaching, and occasional care centres and Bill Morgan, trainers Vivian Matic and Owen across Victoria are having to make arrangements Train, and the lynchpin of all clubs, the secretary, Jenny regarding the Take a Break funding they will lose from Tydell. 1 January next year. In the south-east the Baillieu government’s heartless decision to axe Take a Break Go Panthers — the red and the black! funding has meant that centres are having to let go of staff, raise fees, cut child-care sessions and even close Professor Carl Wood down child-care centres. The Premier has ignored the appeals of our community centres and neighbourhood Ms MILLER (Bentleigh) — My condolences to houses and is pushing ahead with this cut. Professor Carl Wood’s family and friends. Sadly he passed away last month from Alzheimer’s disease. The wonderful people at Berwick neighbourhood Professor Wood was described in the Age as ‘one of the centre in the member for Gembrook’s electorate have most remarkable obstetricians and gynaecologists of the had to make a number of tough decisions as a result of 20th century’. I worked with Professor Wood many the loss of $25 000 in funding. They have had to let go

MEMBERS STATEMENTS

3588 ASSEMBLY Wednesday, 12 October 2011 a long-term staff member and reduce the hours of and the full flood damage program is expected to be another staff member. They say that further cuts to completed by June 2013. The shire is employing extra hours and staff may need to be considered. They have staff and arranging equipment to complete the flood also been forced to increase their child-care fees by damage program and ensure that its usual roadworks 20 per cent and room hire fees by 25 per cent. As a program continues according to plan. result of all this, enrolments for next year are not looking promising, and they have already lost an entire I applaud the Victorian coalition government for the group for 2012. What will happen to Berwick families enormous level of financial support it is providing when this happens? electorates such as mine to recover and rebuild following the devastating flood events of September This is what the Baillieu government has done to the 2010 and January 2011 — — Berwick neighbourhood centre, and what is the member for Gembrook doing about all this? Absolutely The SPEAKER — Order! The member’s time has nothing. The people at Berwick neighbourhood centre expired. are aware of his inaction. I note that the member is not in the house. In a letter to the Berwick News titled Rail: regional services ‘Where are you, Brad?’, the coordinator of the centre Mr HOWARD (Ballarat East) — Yet again this said, ‘I doubt whether Brad Battin even knows where week I chose to take the train to travel to Melbourne, the Berwick neighbourhood centre is’. and again the service was very well patronised. Many The Baillieu government is a heartless government that residents from my electorate who live near the just does not care about communities. While the cut to Ballarat–Melbourne rail corridor or the Take a Break funding has already done a lot of damage, Bendigo–Melbourne rail corridor, or indeed in it is not too late for the Premier to reverse his decision Creswick, are very pleased that the former Labor and continue funding our occasional care centre beyond government determined to make a significant the end of the year. Berwick families deserve — — investment in our rail services, which saw a major upgrade of the rail line and signalling and the purchase The SPEAKER — Order! The member’s time has of Victorian-manufactured, modern V/Locity train sets expired. to provide for faster and more comfortable travel. They are also delighted that the number of services has been Floods: Rodney electorate greatly increased on weekdays and weekends.

Mr WELLER (Rodney) — I wish to take this Who could forget that while this regional rail upgrade opportunity to highlight the meaningful difference the was taking place the then opposition, particularly the state government’s flood recovery grants program is member for Polwarth, regularly criticised this having in regional electorates such as mine in long-overdue investment in rail services, which also north-central Victoria. The floods in September 2010 saw the reopening of the Ararat and Maryborough and January 2011 caused close to $7 million damage to passenger rail services. I am pleased that since coming roads, drains and bridges across the Shire of Campaspe. to government and despite prevaricating on the issue As members will well appreciate, this level of damage the new government has acknowledged that Labor’s has resulted in significant disruption and inconvenience regional rail link project, which creates a dedicated to residents, and it is without question that the repair V/Line rail link into Southern Cross station, should works constitute a mammoth project for the shire. continue.

The Campaspe shire has received $3.3 million from the However, like the member for Ballarat West I am Victorian coalition government’s flood recovery grants concerned about the coalition’s axing of the express program to start the repair works, and I am pleased to services between Ballarat and Melbourne, and I am report that those works are set to commence next concerned that Labor’s planned order of more V/Locity month. The funding will help to repair roads, drains, carriages has been dropped by the new government. It culverts, bridges and other infrastructure damaged by is remarkable that the member for Polwarth, who is the catastrophic floods. These works will include now the Minister for Public Transport, has suddenly rebuilding entire roads where floodwaters washed away reversed his public view on Labor’s — — the pavement, reconstructing shoulders on sealed roads, repairing bridges and restoring table drains eroded by The SPEAKER — Order! The member’s time has enormous volumes of water. Works worth about expired. $1 million will begin on gravel roads from next month,

MEMBERS STATEMENTS

Wednesday, 12 October 2011 ASSEMBLY 3589

Cheltenham Secondary College: principal for a everyone involved has found the contributions to public day debate very valuable.

Ms WREFORD (Mordialloc) — I recently attended One of the key themes raised early on by members of Cheltenham Secondary College, this time as part of the the group was the issue of rights and unfair experiences principal for a day program. I shadowed regular in the workplace, and they suggested a forum as an principal Keith Muller for the day, going to a range of opportunity to share their experiences. The forum was meetings and classes. The year 8s really impressed me an opportunity to voice an opinion about these issues with their questions about community, and the year 11s and ask questions of union representatives on hand. I asked some tough questions on politics. It certainly would like to thank Paul Sutton from United Voice and gave me a great appreciation of the school, much as I Jennifer O’Donnell-Pirisi from the Victorian Trades got last year in the same role at Parkdale Secondary Hall Council for giving their time on the evening. There College. were some disturbing stories of unfair and unlawful treatment in the workplace. There were also disturbing Dingley — Journey to the Village indications that young people are unaware of their rights in the workplace, a situation that has been Ms WREFORD — I recently attended the launch compounded by the outrageous axing of the JobWatch of a book titled Dingley — Journey to the Village. program by the Baillieu government. Authored by Anne Schaeche, the book was produced on behalf of the Dingley Village and District Historical I note the recent invitation from the Minister for Youth Society. The book outlines the history of Dingley Affairs for expressions of interest in his ministerial Village from the times when the Wurundjeri and advisory committee Involve, and I would urge the Bunurong people roamed the area, through to minister to include these issues of great importance in settlement, market gardening and world wars and into the terms of reference. I thank the members of the modern times. This book will be a great asset to BYAC for their enthusiasm. Dingley Village. Sir John Monash: commemoration Our Lady of the Assumption Parish Primary School: learning expo Mr SOUTHWICK (Caulfield) — I wish to congratulate VAJEX (Victorian Association of Jewish Ms WREFORD — Recently I was invited to open Ex and Servicemen and Women Australia), the RSL, the learning expo at Our Lady of the Assumption Parish the Spirit of Australia Foundation and the General Primary School in Cheltenham. The expo was designed Sir John Monash Foundation on the fantastic service in to showcase what students can produce when their my electorate of Caulfield to commemorate the imaginations are allowed to be expressed. The school 80th anniversary of the passing of Sir John Monash. has a significant commitment to the visual and performing arts, and the expo featured an art show and Sir John Monash was a remarkable man who made a a range of performances. The students and staff put in a fantastic contribution to Australia as both an engineer great effort to produce a very colourful and informative and a soldier. The list of roles he played includes expo. Well done to all! scholar, engineer, lawyer, soldier, role model and, of course, nation builder and truly shows the scope of his Brunswick Youth Action Committee: forum contribution. I thank VAJEX president, Ben Hirsh, and the vice-president, Judy Landau, for a wonderful and Ms GARRETT (Brunswick) — On Monday moving service. evening of this week I was very pleased to host a forum at the Brunswick town hall to discuss the rights of St James the Great Church, East St Kilda: young workers. This forum was instigated by the animal blessing Brunswick Youth Action Committee, which is made up of active young people from my electorate. Mr SOUTHWICK — Last week I had the pleasure of attending the great annual blessing day at St James I invited young adults in my electorate to form the the Great Anglican church in my electorate. During this BYAC early this year, and it has met on a regular basis event animals are blessed to acknowledge the role pets since then. The purpose of the committee is not only to play in our lives and to stress their need for safety. My act as a forum to convey issues of importance to young son’s lizard certainly raised some eyebrows! Thank you people in our area but also to help in the formation of to Fr Roger Kelly, Lorraine Hawkes and the church youth and other related policies. So far, I think

MEMBERS STATEMENTS

3590 ASSEMBLY Wednesday, 12 October 2011 community for the service and for their continued hard team of all. It is sad to see him retire, but he can work to make this a great event. certainly look back on a fantastic and illustrious career. Also retiring this year are and Glen Eira Chinese Senior Citizens Club , who have been great assets to the Geelong team. They too can look back with a lot of Mr SOUTHWICK — I would like to congratulate pride over their very successful careers. Well done. Go Zunafa Lu, president of the Glen Eira Chinese Senior Cats! Citizens Club, on a successful function to celebrate Chinese National Day on 2 October. I greatly enjoyed The SPEAKER — Order! Unfortunately, the this function, and the passion and energy of those who member’s time has expired. took part certainly showed through. Mullauna College: scholarships Chabad of Docklands: CCare project Ms RYALL (Mitcham) — I take this opportunity to Mr SOUTHWICK — Recently I had the congratulate Taylah Hudson of Mullauna College who opportunity to join Rabbi Shlomo of Chabad of received a round two Wannik Education Scholarship Docklands in Port Melbourne and the committed for 2011–12 for her involvement with the local Koori volunteers of the CCare project, who help to deliver community. Well done to Taylah on this wonderful meals to members of our community who are in need. achievement. This fantastic organisation contributes through a variety of programs. Joan Adamson

The SPEAKER — Order! The member’s time has Ms RYALL — I would like to recognise Joan expired. Adamson of Nunawading for her tireless volunteer work in the Mitcham electorate. Over the last 30 years Geelong Football Club: premiership Mrs Adamson has taught basic English to migrant refugees at the Louise Multicultural Centre and has Mr EREN (Lara) — I would like to congratulate the spent the last decade lending a shoulder to parents of Geelong Football Club (GFC) on another fantastic victims of drug use at the CatholicCare’s St Mary of the premiership win. This means we have now won the Cross centre in Mitcham. Thank you to Joan for her 2007, 2009 and 2011 premierships. What a great team! service. As the club song says Kevin and Betty Overend We are Geelong, the greatest team of all … What a riveting game it was to watch, with the final Ms RYALL — I would like to extend my warm margin being 38 points over the Colliwobbles. Geelong congratulations to Mr Kevin and Mrs Betty Overend of being the only regional Australian Football League club Vermont, who celebrated their 60th wedding in the nation, it was a great day for footy, and it was anniversary last month. I am sorry that as Pies fans they remarkable to see a side that at the start of the season did not get a Collingwood premiership as an had been written off by most of the commentators come anniversary gift. up and take the cup. The win caused much celebration Mullauna College: debating throughout Geelong, where there were literally thousands of people dancing in the streets. What a Ms RYALL — Well done to Mullauna College wonderful illustration of how the GFC brings so much students who won this year’s inaugural 2011 Victoria happiness to Geelong. Shield for Excellence in Debating at a recent debating competition against Blackburn High School¸ which was Also special congratulations to Jimmy Bartel, who took held in this chamber. I look forward to another fiercely home the on the day. contested debate next year. Congratulations also to , who won the Medal as the for the 1st Vermont Scouts: 90th anniversary GFC. Well done to Chris Scott and the coaching team, as well as to Colin Carter, the president, Brian Cook, Ms RYALL (Mitcham) — On Sunday, 9 October, I the CEO, and all the staff and volunteers at GFC. It was had the privilege of attending the 1st Vermont Scouts the hard work they all put in throughout the year that open day as the group celebrated its 90th year of made this amazing win possible. A special mention to scouting. This was a fantastic event in support of a for being a great captain for the greatest fantastic community organisation that has helped to

MATTERS OF PUBLIC IMPORTANCE

Wednesday, 12 October 2011 ASSEMBLY 3591 teach many Mitcham electorate children over the coordination of the Victorian certificate of applied learning generations lifelong skills that they have taken into their (VCAL) program. adult years. Happy birthday to the group. Mr HULLS (Niddrie) — This is a very important motion. The Victorian certificate of applied learning Jill Fletcher (VCAL) was initiated by the former Labor government Ms RYALL — I wish my hardworking electorate in 2002 and is now undertaken by about 20 000 officer, Jill Fletcher, a very happy birthday for next students at more than 400 schools, TAFEs and adult Tuesday, 18 October. learning centres. It is a great Labor program that ensures that all students, regardless of their background, Greensborough College: funding have the best educational opportunities in life. It is about giving students a real choice and about investing Mr BROOKS (Bundoora) — I wish to discuss the in their futures. shameful neglect of Greensborough College by this government and the fact that until I heard this week that One can only conclude from the Baillieu government’s the Minister for Education had changed his mind and choosing to slash almost $50 million from the VCAL will visit the school in November, he had refused to budget that it does not care about Victorian students. come out to visit the college community. I have to say The Premier’s decision to cut funding for VCAL that the college community expects nothing less than coordination highlights, I believe, the government’s that the minister will come out and deliver the same complete disregard for the thousands of Victorian commitment that the Labor government gave it, which students, teachers and families who understand and was to rebuild Greensborough College. Anything less need VCAL. Instead, the Premier and his education would be a total neglect of the education of students in minister are trying to convince the Victorian public that my community. I call on the minister to stop playing these cuts will not affect delivery of the VCAL program political games with school upgrade funding, to come because the program is now embedded and as a result out to Greensborough and to commit to the upgrade. no longer requires coordination. That is nothing more Greensborough College is a great school with a great than spin; it is absolute nonsense. principal, great teachers and a great school community. As we know, the role of VCAL coordinators is to The local school community held a trivia night recently, coordinate the school’s VCAL program. They develop which I attended, to raise funds for a war chest to the curriculum, they assess materials and they develop campaign for the upgrade of the school. That money partnerships with employment networks and other will be held in trust to see if the minister delivers on the organisations. They are the contact point for the commitment the school community is looking for to education department and are responsible for quality rebuild the school. I will work with the school assurance processes. For the Premier to be saying you community to ensure that the minister delivers on that can run VCAL without a coordinator is nonsense. It is commitment in the run-up to the next budget. Students like saying you can have a good football team without a in my electorate deserve the same sort of facilities that coach; it is just rubbish. It is like saying you can drink a students in other parts of the state enjoy. School cup of tea without the tea — you just drink hot water. upgrade funding should not be determined by whether a What fool would drink just hot water? Trying to run school is in a politically marginal seat held by the VCAL without a coordinator is like trying to run a Liberal Party and whether that school was included in government without a real Treasurer, and the Premier Liberal Party policy documents prior to the election. knows from personal experience that that just does not work.

MATTERS OF PUBLIC IMPORTANCE For a number of reasons, not every student will complete VCE (Victorian certificate of education) or go Victorian certificate of applied learning: on to university. VCAL provides students with an funding alternative to VCE and prepares them for the very important next step in their lives, whether that is in The SPEAKER — Order! I have accepted a further education, training or employment. Mr Baillieu statement from the member for Niddrie proposing the may have had a privileged educational experience — following matter of public importance for discussion: and good luck to him — but that does not give him the right to deny thousands of Victorian kids an alternative That this house calls on the Baillieu government to education pathway. The students in VCAL programs immediately reverse its $48 million cut in funding for the are often those who are most at risk of not continuing in

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3592 ASSEMBLY Wednesday, 12 October 2011 education. It is clear that this government has absolutely Even more galling is the fact that the government cuts no understanding of how VCAL actually works. to VCAL will impact on more than 600 students with physical, intellectual and learning disabilities. VCAL I will quote from a letter I received from Buckley Park coordinators in specialist schools provide even greater Secondary College in relation to cuts to VCAL and more complex support as they tailor the program to coordination funding. It sums up very well what these each individual student’s needs. Many members of cuts mean. The letter says: Parliament would have received a letter from the Principals Association of Specialist Schools. The letter To suggest that exactly the same program could be offered with fewer resources is to show a deep misunderstanding of refers to these students with special needs and says that the work done by VCAL coordinators. these kids: The letter went on to say that this: … with disabilities including autism, physical disabilities, intellectual disabilities and hearing impairments are already … appears to be an ad hoc decision to reduce resources some of the most marginalised students in the state … available to schools based on outdated and erroneous assumptions about how VCAL operates. …

We are appalled that the students with the greatest needs are Without this opportunity to continue to study and become the specific target for budget cuts. independent adults these students will end up as recipients of government-funded day programs for the bulk of their adult I could not put it more succinctly myself. I cannot count life. how many times over the past few weeks and months You have to ask whether the Premier and the Minister students have told me, the Leader of the Opposition and for Education have even bothered to think about what other opposition members that without the support of these cuts will mean for students with disabilities. If their VCAL coordinator they would be unemployed they had actually cared and if they had taken the time to and out of school. For example, when I visited Western speak to people like Helen Hatherly, who co-signed the Port Secondary College I spoke to a number of kids letter, or the Heatherwood special school principal, Paul completing their VCAL, and the overwhelming Hills, as the opposition has, they might understand how response from all of them was that they would not be much damage they are inflicting on the specialist where they are today without their VCAL coordinator. school system with these cuts. For many of these kids the coordinator is not just a teacher but a source of support and advice, a mentor Heatherwood School has advised that it will lose and in many cases like another parent. $72 432 in VCAL coordination funding. As the only specialist school in the region, it has the largest VCAL An article that appeared in one of the local papers, the program of any specialist school, with almost 80 kids Peninsula Weekly, quoted a number of students from enrolled this year. Principal Paul Hills spoke of the that school. Kayla Alford was quoted as saying: sense of achievement and personal growth his students I don’t think I would be at school without VCAL. I would feel upon completing VCAL. Like many other schools rather focus on getting a job then be sitting in classes five it cares too much about VCAL students, so it will not days a week. cut its VCAL program; instead, it will be forced to hack into other areas of its already stretched budget. This The article continues: school is smack in the middle of the member for Fellow … student Gemma Thomas said she was miserable Doncaster’s electorate. Has she visited the school to and hating school before she started the — discuss the VCAL cuts? The answer is no. Has she called the school? The answer is no. Does she care VCAL — about these kids? The answer is clearly no. This is a program … disgrace. The Premier is ripping some $72 000 from kids with disabilities in the member for Doncaster’s These cuts will mean that good kids like Kayla and electorate, and yet the member is either too lazy or too Gemma will not be in school working towards a spineless to stand up and fight for them. training qualification in an industry they love; instead, they will either be out of school, potentially Then we have Berendale specialist school, which is in unemployed, or in school, miserable and struggling as the electorate of the member for Brighton. It will lose they slog through the Victorian certificate of education. $48 000 in VCAL coordination funding. Principal VCAL is for them, and this alternative pathway should Paula Barnett described the cuts as a tremendous blow not be taken away from them. and pointed out that before VCAL was brought in by the former Labor government there was no formal

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Wednesday, 12 October 2011 ASSEMBLY 3593 qualification for students with disabilities. VCAL public but it has also refused to have the executive provides students with disabilities with a window of summary of this report tabled in the Parliament. This is opportunity to learn practical skills, gain a formal supposed to be open and transparent government! This qualification and in most cases secure employment. is a government that is hell-bent on dismantling a Again I ask: what is the local member doing for world-class education system, a system built up over Berendale? The answer is zilch — absolutely nothing. 11 years under Labor which delivered high retention When it comes to ensuring that kids with disabilities in rates, smaller class sizes and a quality teaching her electorate have an alternative education pathway, profession. In almost 12 months this government has the member for Brighton is again asleep on the job. She managed to slash $481 million from the education is too snoozy to care about these important kids. budget, halve the school capital works budget and cut funding for literacy, numeracy and ultranet coaches. Some nine schools are set to begin the VCAL for the Clearly it has also reneged on its election promise to very first time next year. The Minister for Education make Victorian teachers the highest paid in the country. has said that VCAL coordination funding is embedded and no longer required. How embedded can a first-year The Minister for Education is on the record as saying VCAL program be? The fact is that these coordinators that the $481 million in cuts will not affect delivery of are absolutely crucial. What is most gobsmacking about front-line services. The Premier and the Minister for the government’s decision is that it already knew what Education are in la-la land if they think that hacking a fantastic program VCAL is and, more importantly, it $48 million from the VCAL program will not have an knew of the vital role that coordinators play in the impact on our kids’ education. If they think you can delivery of this program. Earlier in the year the Baillieu hack $481 million from the education budget and not government, through the Department of Education and affect front-line services, the Premier and the Minister Early Childhood Development, commissioned the for Education need to go back to school. Make no University of Melbourne to conduct a review of VCAL mistake: these cuts represent a fundamental assault on coordination with the aim of ‘exploring possible our education system. By slashing funding for VCAL funding models to provide support for VCAL coordinators the Premier and the Minister for Education coordination in the long-term in the context of are ensuring that a whole generation of kids will be at increasing enrolments within a fixed budget’. risk of ending up on an educational scrap heap. The Premier and the minister must remove their collective The opposition now has a copy of the executive heads from the sand and see firsthand why young summary of part 1 of this report, which not only Victorians need alternative education and training emphasises the absolutely crucial nature of VCAL but pathways to ensure that they have the opportunity to also emphasises the importance of VCAL coordinators enter a traineeship or apprenticeship or to attend and the need for ongoing coordination funding. The university. Only then perhaps will the minister and the review found that many VCAL providers are already Premier appreciate the huge role coordinators play and forced to cross-subsidise to maintain the program and the real difference they are making in the educational that some 50 per cent of program coordinators felt the lives of so many young Victorians. time allocated for the role did not allow them to meet the demands of the job. In other words, it made it clear I send a warning to the Minister for Education and the that VCAL coordinators needed more funding not less. Premier, and it is this: backflip now and do it with some Four recommendations were made in relation to this dignity; backflip and save the educational lives of these matter. Not one of those four recommendations was to kids, because if they do not backflip now, the get rid of funding for VCAL coordination. I seek leave government, the Minister for Education and the Premier to table a copy of the executive summary of this will bleed on this issue. The opposition will never give important report. up on this issue. The Minister for Education and the Premier have been warned: backflip now or this will Leave refused. continue to be a running sore. If they backflip now, they can put a bandaid over this sore. The longer they leave Mr HULLS — Why is leave refused? Leave is it, the more the sore will fester and weep, and it will refused because this government knows full well that it become a gaping wound. It will continue to ooze and sought independent advice in relation to VCAL will rapidly become an infection for which there is no coordinators. It got that advice, and what has it done? It antidote. It sounds messy, and it is. We in opposition has chucked it in the bin. The independent advice are giving the government an opportunity to save some makes it crystal clear that VCAL coordinators are face over this important issue. It is about the kids; it is crucial to ensuring the success of VCAL. Not only has not about politics. The reality is that these cuts are the government refused to release that advice to the cruel, callous and need to be reversed immediately. The

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3594 ASSEMBLY Wednesday, 12 October 2011 minister must do it now; during his contribution he in future years. We have funded that growth in students must stand up, say he has made a mistake and apologise undertaking VCAL in Victorian schools — the student to these kids. component in Victorian schools — this year, and we will continue to fund it in the future because it is part of The SPEAKER — Order! Before the Minister for our embedded funding so that this program can Education commences I need to say that the shadow continue to be delivered in Victorian schools. Minister for Education was heard in relative silence, and I expect the same courtesy to be given to the Going back to the coordination issue, a number of Minister for Education. members have said coordination is something that is vital — the program cannot run without it. Every Mr DIXON (Minister for Education) — It is always program in Victorian schools is coordinated. It does not a pleasure to follow on from Dr Hulls and his medical matter what it is. Whether it is a VET (vocational recommendations to me! I will certainly listen to them; education and training) program, a VCE (Victorian I always listen to my doctor. We need to start with a certificate of education) program or a language basic premise: there is absolutely no reduction at all in program, there are coordinators. There are a whole the student funding for VCAL (Victorian certificate of range of coordinators in Victorian government schools. applied learning) in Victorian schools. When you look The coordination roles undertaken by teachers and staff at the number of students who undertake VCAL in various schools are often parts of leadership programs across Victorian government schools and the positions. Teachers may take on extra responsibilities or number of agencies and schools that deliver the those responsibilities may be part of the assistant program in Victorian schools you see that the schools principal position. There are a whole range of that deliver this program are secondary schools. leadership positions in schools, and coordination is part Therefore there are a lot of funds available in schools of that. There are no specific coordination grants for due to the high number of students who attract that those positions. This measure is totally consistent with funding and the number of large secondary schools the coordination of a whole range of programs, which, because of their nature and size, have the including the one that is closest to the VCAL program, flexibility in their budgets to continue to deliver the which is the VET program, a vocational training VCAL program. As I said, there has been absolutely no program for schools. It is a very similar program that cut to the student funding for the delivery of the VCAL meets similar needs for similar sorts of students. There program in Victorian government schools. is coordination of that program, but there is not a coordination payment. It is well and truly embedded in As has been pointed out, and it is probably well known the system. As I said, this is the case right throughout in this house, the VCAL program was introduced in the curriculum and right throughout the structure of our 2003. The coordination funding was always talked schools. about then as being provided to help establish that program: to set up the curriculum and the networks and The coordinators are not the only people that have been to undertake the background work needed to start a able to provide this service, and there is still a role for program which was radically different to what schools these coordinators; it is just not a paid position. I know were used to. The program required that coordination schools have the flexibility to take up that role. For funding. Eight years later, with 429 providers and schools that want still more work with resources there 18 000 students who undertake the VCAL program in are a range of support mechanisms that involve not only Victorian schools, it is well and truly embedded. Those help with their resources but also with their networks networks and the curriculum are established. I will also and curriculum. For example, the Victorian Curriculum talk about other support for schools and teachers on this and Assessment Authority, the Victorian Applied issue. The program is well and truly established in our Learning Association, the LLENs — that is, local schools. I have been to many schools, and I have seen learning and employment networks — and the that they have the curriculum, the resources and the workplace learning coordinators program all provide workplace networks well and truly in place to deliver those sorts of services. There are also overlaps with a this program well. As I said at the start, the student number of programs that already exist in schools. funding to VCAL has not been cut in any way, shape or form. There are many opportunities, and we encourage schools to work with and coordinate with other schools This year we have seen growth in the number of and to develop cluster models to support each other. As students who are undertaking the VCAL program in I said, because this program has been running since Victorian schools. There was growth of 8.5 per cent last 2003 an incredible amount of resources is out there, an year, there is growth this year and there will be growth incredible amount of knowledge has been built up and

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Wednesday, 12 October 2011 ASSEMBLY 3595 an incredible number of networks are available to The SPEAKER — Order! I will not warn the schools and can be shared among schools. There is Leader of the Opposition again. I will not warn any absolutely no problem in schools working together. members again.

There was a lot of commentary and feedback when our Mr DIXON — Week after week, month after announcement was first made some weeks ago. It was month, and year after year the former government interesting that there was an incredible amount of loaded a burden of administrative tasks and red tape ill-informed comment. Schools and commentators were onto schools so they did not have time to do the talking about how it was going to affect the next year. coordination of real programs and the real work they At that stage no schools had received their indicative wanted to do to improve the education of their students. budgets for next year. Schools received those at the end We are going to change that. We are reversing that. We of the last term and are now able to realistically work are getting out of the pockets of the schools. We are with us, their staff and other schools to see what the going to allow them to do the things they do best. practical realities are for next year. When you listen to the opposition you would think that this is the end of We will not be putting extra tasks on them that they the world as far as the VCAL program is concerned. I have to employ people to take up. They will be freed up would like to ask: why then do over a dozen schools and given a quite incredible amount of time. They will still fully intend to continue that program next year? be able to do leadership in the school, and the They are more than happy. coordinators in VET, VCE and VCAL and those across the curriculum will have far more time and The opposition cannot have it both ways. Schools are opportunities to do the real work they should be doing more than happy. Schools know what budget they have and not the administrivia that was imposed on them by for next year and what support mechanisms they have, the previous government. and they still intend to offer the VCAL program next year. It is not the end of the world. We have already It is interesting that the opposition members like to indicated that we are working very closely with those think of themselves as the great champions of schools that want to start the program, build up those vocational education. I would like to ask why they fully networks and build up the curriculum. We will certainly intended to drop about half the vocational education be doing transitional work with those schools. We have and training programs in schools if they had been already spoken to those schools. We know those returned to government last year. It was a lapsing schools; they have contacted us, and we will be program. When I saw the budget papers in front of me, working with them. I could not believe there was no provision at all in the forward estimates for half the funding of the VET It is also interesting that the Deputy Leader of the program. How can they turn around and say that Opposition referred to the executive summary of the vocational education is so important when they fully report that he wished to have tabled. One of the ideas intended to cut it themselves? that has come out of that sample of schools — it was not all schools but a sample that was part of that I said, ‘No, we are not going to do that’. Despite the review — is that teachers and schools need that extra economic situation that we inherited from them, despite time. Yes, time is of the essence in schools. There is an them not standing up for Victoria, despite them letting incredible amount of pressure on schools to take on a the Gillard government rip billions of dollars of GST whole range of administrative tasks and a whole range revenue out of the state and despite the economic of tasks that they do not and have not normally situation that we have found ourselves in — despite all undertaken. Over the last 11 years that has grown that — I said that vocational education and training is exponentially. Members would not believe the amount very important in our schools. of extra time that the previous government required of teachers in order to do a whole range of administrative Honourable members interjecting. tasks that they do not need to do. We have said all The SPEAKER — Order! The Leader of the along that we are going to cut that red tape. We are Opposition! going to cut those onerous administrative responsibilities that have been loaded onto schools by Mr DIXON — We found the funding so that not the top-down model of the previous government. only is VET fully funded but it is now an ongoing program, which it previously was not. Mr Andrews interjected. The opposition members talk about the effect on special schools. When I looked at the budget papers, I found

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3596 ASSEMBLY Wednesday, 12 October 2011 that there was no growth funding for students with member to come in here and quote selectively from a disabilities. They think they are the champions of report, but members need to read the whole report. students with disabilities, but there was no growth funding. Despite the economic situation that the Mr Hulls — On a point of order, Speaker, Hansard opposition members and their friends in Canberra put does a fantastic job, but if it could prioritise the speech, us in, we found an extra $156 million for growth we could distribute it to every school. programs for students with disabilities. We care about those students, and we put our money where our mouth The SPEAKER — Order! I ask the member for is. It is hypocrisy for members of the previous Niddrie to resume his seat. That is not a point of order, government to say that we do not care about those and he knows it. students and that we do not care about vocational Ms GRALEY (Narre Warren South) — We have education. There are just two examples of it. heard a load of hogwash from the junior Minister for Again you could talk about the School Start bonus or Education. It was an uneducated, unacceptable, even Free Fruit Friday; all of these programs that untruthful and unedifying insult to every VCAL everybody thought were ongoing were not. We have (Victorian certificate of applied learning) teacher and turned around and said that these are important issues student in the state of Victoria. The shadow Minister for and we are going to continue funding them to make Education has suggested that the minister is living in them ongoing, as we did with the growth funding and la-la land, but from that performance I think he just the VET in Schools program. We found ourselves in an does not care. He does not care about students and incredibly bad financial situation, and despite all that, teachers in the state of Victoria. when you look right across education — — Since coming to office the Baillieu government has Dr Sykes interjected. undertaken lots of cuts, including to the Take a Break program, the apprenticeship completion program and The SPEAKER — Order! The member for the Home Wise program, and I thought it could not get Benalla! worse — but I was wrong. After that performance, I expect there is more to come. Nothing could have Mr DIXON — When you look at all the things that prepared me for this insult and assault on the school we are doing in education despite being ripped off by communities in my electorate. This heartless the previous government and by the Gillard $50 million cut to the VCAL program has all the government, we actually increased education spending hallmarks of the Kennett regime. by 3 per cent under those very difficult circumstances. We have ongoing capital works funding, we have a I remember that when I got involved in politics and whole range of initiatives and we have picked up these rejoined the Labor Party it was because I had been lapsed programs that I have talked about. We care down to my kids’ school and seen what the Liberal about education of the whole child. My colleagues will government was doing to schools. Now the Liberal be talking about our policies, and if members look at Party is back in office, it is doing exactly the same our policies, they will see that we care about the whole thing. We on this side of the house made education our child and about the education of the whole child under no. 1 priority because we know that getting a good job the very difficult financial situation that we have found leads to a stable future. That means getting a good ourselves in. We have certainly done that, and we have education, but we also know that classroom education done it very well. is not for everyone.

In relation to the executive summary about which the That is why VCAL is so important. It has given many member for Niddrie was talking, when members look at hundreds of young people in my electorate the that report and at everything that was written in it, they opportunity to combine study at school with gaining a will see that there is an incredible amount of qualification and working as well as participating in cross-subsidisation. The VCAL coordination money community activities that have been really good for that is in schools has been used for a lot of both the community and the student. VCAL provides cross-subsidisation, and that has become part of the students with related work experience, literacy and norm. School principals have said to me and are on numeracy skills, and the opportunity to develop record as saying that they have not used all of that personal skills in order to prepare them for further money for coordination. They have used it as part of education and training or employment. their ongoing programs. It is all well and good for a However, VCAL has now been placed on the Baillieu government’s lengthening list of cuts, and it is part of

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Wednesday, 12 October 2011 ASSEMBLY 3597 an enormous cut of $481 million to education. I cannot If the government withdraws VCAL funding I personally believe it — and most people do not — but the Minister think a lot more students would not complete year 12 and leave being unemployed … for Education claims that ripping out almost half a billion dollars from the education department budget Without VCAL I wouldn’t be where I am at school and will not negatively impact on jobs and front-line would have already failed and left school. services. The cut to VCAL is a substantial part of this. The comments go on and on. I have numerous letters In Narre Warren South VCAL is a front-line service, from students. It is a pity the government did not listen and this will impact on the jobs of coordinators and to the students and the teachers. The principal, the teachers. VCAL coordinators are essential, as we have coordinator of the VCAL program at Narre Warren heard many times over. That is not only heard in this South P–12 College, has written to the government house; if you go and talk to teachers, students and numerous times and asked the minister to come down community members, you will hear that VCAL and visit. Do you know what? The school has not had a coordinators are essential in coordinating school VCAL reply — until, apparently, yesterday. What has the programs. minister decided to do? The minister has decided to I will go back a couple of months, because this has come down to visit Narre Warren South P–12 College been a lingering, festering sore, as the shadow and have a listen to and talk with the students and staff. education minister said. A couple of months ago the The problem is: when is this going to happen? The shadow minister and I went to schools. We all know funding cuts out on 1 January. When has the minister that schools were not consulted about these cuts; indeed decided to visit Narre Warren South P–12 College? He they are rightly insulted about that very fact. They suggested that he visit — I suspect on his way home found out about the cut when it was placed at the end of down to the peninsula, on his way to Carols by a memo from the department and were not even paid Candlelight on the Sorrento foreshore or to a cocktail the courtesy of being given sufficient notice, with the party for the Portsea polo club — on 13 December, funding cut taking effect on 1 January 2012. When we when school will almost be over. What a disgrace that, went down to Narre Warren South P–12 College the after being asked to visit the biggest and most highly students were up in arms and the teachers were awarded VCAL school in Victoria, the minister can outraged. find the time only on 13 December to go down to visit Honourable members interjecting. the school. He will put up his Christmas stocking on the way, I imagine, and then say, ‘Hello, I’m here to do Ms GRALEY — No, they asked us to come down something’, when the funding is going to run out on because they wanted to tell us exactly what — — 1 January.

Honourable members interjecting. Well, thank you, Minister — thank you for nothing. That is how the school, the teachers, the students and Ms GRALEY — And listen up, because this is what the community feel. They are being let down and they they said, and the Minister for Education is deaf on it. are not being listened to. It is time the minister changed Mitchell Dunne of Narre Warren South P–12 College that appointment and got down to the school to listen to said: the people who will have $126 000 cut out of their budget. They have been told to try to find that from If it wasn’t for the coordinators of the VCAL program … I probably would have dropped out in year 10. The staff have somewhere else! Where else in the school’s programs spent hours assisting me with careers advice, accessing work will they find $126 000? They have been told to ask the placement and visiting me at work to ensure a successful parents to chuck in some more money to run the school; experience. ask the business community to find some spare change. It is not going to happen. This cut to VCAL funding, Rechelle Palmer, who has completed a certificate III in this cut to coordination, means cuts for every student, children’s services, wrote: not just VCAL students. Every student at Narre Warren The teacher support from all areas of our VCAL team is South P–12 College will be affected by this cut. incredible … Some students, even myself, I could not see handling VCE that well, and surely causing them to drop out I would like to remind the minister that he said that limiting their chances of finding a job in their chosen field. VCAL funding can be picked up by other services. The fact is that this is just not true, even though he said it Kate Newton wrote: was the case. A member for South Eastern Through VCAL I have been able to complete certificate II in Metropolitan in the upper house, Mrs Peulich, has also animal studies …

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3598 ASSEMBLY Wednesday, 12 October 2011 said the LLENs (local learning and employment public importance the opposition has brought to the networks) can pick up the slack on this. house today cites a $48 million cut to VCAL. In 10 minutes we have lost $2 million. That demonstrates In a letter to me the executive director of my local just how loose the opposition is with funds. In LLEN, Andrew Simmons, said: 10 minutes we have lost $2 million. If you want to extrapolate those funds — — Coordinating … placements to satisfy the VET requirements of intermediate and senior VCAL certificates is a major role of VCAL coordination. This was not a start-up activity. It is Honourable members interjecting. an ongoing and time-consuming activity that is required year in, year out for every VCAL class … The SPEAKER — Order! Members from the government benches and from the opposition, we The LLEN just cannot do the job. It is saying this in would like a little bit of silence while the contributions black and white to the minister. Something he is asking are being made. them to do they are not able to do, yet he keeps on insisting that that is the case. Mr SOUTHWICK — Thank you, Speaker. Extrapolating those figures shows the mess the I would also like to raise the issue of the fabulous new opposition has left us in and the reasons why we are school in my electorate, Alkira Secondary College, that here cleaning up the mess. I only have to mention the is just starting a VCAL program. It is being denied any desalination plant, myki, the rail link and the fact that start-up funds. The principal — again — has written to Labor has robbed Victorian families of $3 billion in one the Premier and to the Minister for Education asking go with the pokie licences. Now on top of that we stand them to come and visit the school. He is yet to get a to lose a further $4.1 billion in GST funding and other reply. He has asked them to come down and said, ‘How revenue because of Labor’s inaction. Their can we establish a VCAL program without a VCAL mismanagement of funds is reflected by their coordinator? We cannot do it, but show us how’. They hypocritical stance on this matter and their willingness are not replying and not turning up because they do not to stand up and say this now, when we need to do what know how. They should be embarrassed because this is we have to do to ensure that great programs like VCAL a terrible decision — a ruthless, savage cut to those continue to exist. We need to take these steps because who cannot afford it. of the mismanagement of the previous government in order to ensure that it can continue. One teacher said to me yesterday that he believes this is just a rotten cut to working-class kids. I am inclined to I would like to emphasise the importance of the VCAL agree with that. It was a hallmark of the Kennett program. VCAL is a great program that offers many government that it took a knife to working-class kids, young people opportunities to succeed. We have over and here we see it again. As the shadow minister said, 18 000 students involved in the VCAL program, and the government now has an opportunity to backflip on we have over 400 providers here in Victoria that this and to fix up the sore, so I suggest it does it. administer it. Let me be clear: there is no reduction in student funding for VCAL and no reduction at the The SPEAKER — Order! The member’s time has coalface. We are in fact increasing funding for VCAL expired. because of the extra money for student additions.

Mr SOUTHWICK (Caulfield) — It is a pleasure to We heard earlier a number of points from the member rise to speak on this matter of public importance. for Niddrie. He used a whole lot of analogies. He said People from both sides of the house know just how that VCAL coordination is like having tea without a tea important education is. Education is the cornerstone of bag. He said it is like drinking hot water. I do not mind ensuring that our young people have the opportunities hot water, and I am sure that there are many others who to succeed. When we talk about VCAL we are talking do not mind hot water. about a program that provides practical, hands-on experience to our young people and provides Let us talk analogies. When you build a building you opportunities for them to learn and to find jobs and include supports and you include scaffolding. Once you pursue further options in life. have built the building, you do not keep the scaffolding and the supports around the building. You take them This MPI is based on deceit and shows the desperate away, let the building stand and continue to build other trickery the Labor Party is willing to undertake in this buildings. That is what this is all about. We have got a Parliament. We have just heard from the member for great program in VCAL. We are investing in VCAL, Narre Warren South, who said there will be a and we are ensuring that it grows. What we have taken $50 million cut to VCAL. However, the matter of

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Wednesday, 12 October 2011 ASSEMBLY 3599 away is not the funding, and we have ensured that this schools. There have been 33 adjournment matters program continues to succeed. VCAL continues to be calling for funding! Guess what? Opposition members funded through the student resource package (SRP). had 11 years to do something about their halls, and they SRP funding has increased by 8.5 per cent in did absolutely zero. 2010 — — We have had so many requests in this Parliament. Ms Pike interjected. Today we had the member for Greensborough calling for more funding for his electorate. The opposition The SPEAKER — Order! The member for members had time to deal with these things when they Melbourne is out of her seat, she is out of order and if were in government, but all they did was waste money she does it again, she will be out of the chamber. and, more importantly, waste opportunities in those 11 years. It is hypocritical of them to stand up here and Mr SOUTHWICK — We expect enrolments to be talk about any form of funding they require for their higher again in 2011. This change to VCAL brings schools when they did absolutely nothing when they vocational education and training in schools into line were in government. I would suggest that they should with Victorian certificate of education programs, which be sitting back, waiting and giving us 11 years to see do not receive additional funding for coordination. what we can do. I can assure you that with better These are all great programs. They should all be funded management we will do a damn sight better than what in schools, but they do not all have additional programs they did in their term. for coordination. Schools and other providers will continue to be supported. We are proud of the fact that As I said, education is paramount. We are addressing we provide and will continue to provide options for Labor’s failure to invest in such programs as maths and young people in schools. science in Victorian schools. We will invest about $30 million to provide 100 maths and science specialist I want to draw the house’s attention particularly to the teachers to work in primary schools to help kids and coalition government’s support for disengaged students, teachers. We will also fund 400 scholarships for science because this is really the coalface of many of these graduates to become teachers in Victorian schools in problems. The Minister for Education announced in the the next generation. recent budget $1 million over the next three years to look at ways of getting disengaged students back into In our first budget we have made the largest single the system. This will allow many of those young people investment in special and autistic schools in over a to have opportunities to get involved. We have decade, with $65 million in funding provided in the provided $700 million in additional funding for 2011–12 budget for 11 schools. The coalition is schools. reaching out to the people the Labor Party abandoned and investing in the basic services they need. We are As I said earlier, education is the cornerstone, and in making these investments while cleaning up the our first budget we are delivering on our election 11 years of waste and while returning Victoria to a commitments. We have provided a 3 per cent increase sustainable financial setting. This government cares in funding for education despite Labor Party about Victorian families, this government cares about mismanagement and despite the $4.1 billion loss to young people and this government wants to ensure that GST revenue funds. In schools we are investing our young people have the opportunity for success that $200 million in capital works on top of the is provided by a great education system, one they $760 million in new initiatives. We are putting an extra deserve. $100 million into school maintenance, including cleaning up utilities in Building the Education Ms DUNCAN (Macedon) — It is always a pleasure Revolution buildings. We are ensuring that the BER to follow new members of this Parliament, because it is buildings, which the previous Labor budgets neglected, only new members whom we see sitting on the other are being maintained. I will reflect on BER a little bit, side of the chamber nodding sagely when another new because again here is a fine example of a mess that the member talks about the opposition raising matters previous government left us in. during adjournment debates. It is only new members who, nodding sagely, do not know what we envisaged An honourable member interjected. when we came into office in 1999. Those new members Mr SOUTHWICK — Of course they love it. walk out of the chamber in happy ignorance about that. $3.27 billion has been spent on these school halls, and They sit in the chamber and continue to nod away and at the same time we have had 33 adjournment matters say, ‘In 11 years you should have fixed every single raised by the opposition about wanting funding for their

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3600 ASSEMBLY Wednesday, 12 October 2011 school; you should have updated every single facility’. bit of flexibility and a bit of money around, it is more They continue to sit there and nod sagely. than likely that an independent school will have those things rather than a government school. I am not They assume there will be some moment in time when surprised to read in this executive summary that VCAL every school, every hospital and every road will be is not widely offered within the independent sector. It completed and they can then turn around and say, ‘It’s may well explain why this government feels that it can all done. We can go and have a little nap now for a little cut this funding to such a degree. period of time, because we now know that every school is sorted’. That is the new members’ belief about this I have spoken to all secondary schools in the electorate system. What I think they should probably do is close of Macedon. One school does not provide VCAL, one their mouths a little more and stop nodding like dolls provides a very small VCAL program but the rest of sitting in the backs of cars — we are now seeing this them provide quite substantial VCAL programs and are from the member for Burwood, and let me say what a extremely worried about how they will make up the frightening sight it is — until they learn a little bit about release time of their VCAL coordinators. Staff at two Parliament and the way in which governments function. schools have said to me that next year they think they Those members should talk less, listen more, watch and can scrimp a little bit of time, and there has already learn, and they may end up becoming effective been some work done for next year’s program. They members instead of hiding from the people in their are worried about next year’s program, but they are electorates, as I know some of them are doing now. very worried about the programs beyond that. They have no capacity, in their view, to take from Peter and I support the matter of public importance moved by the give to Paul to put back this coordination time. The shadow Minister for Education. The Minister for minister actually believes that this is no longer required Education made quite a frightening contribution. I and that there will be a moment in time — which is like understand new members do not understand a whole what all the new members believe — when nothing lot, but for the minister, who has been here for some more will need to be done in terms of infrastructure in time, not to understand the school system which he now this state. oversees is quite a frightening scenario. I watched the minister, who I think is probably quite a nice, honest I remember that in year 10 — not when I was in chap, and I believe he believes at least some of what he year 10; I do not remember back that far! — all of the said today. I can only assume that he is viewing a work experience used to get done. Every year level had government school system that is completely different a coordinator, but the year 10 coordinator did not have to my experience of government school systems. work release. The task was so huge every year because all of the kids had to get some sort of work experience. I am not sure what schools he is referring to when he The kids did work experience for two weeks, but the suggests there is such an enormous amount of fat in the year 10 coordinator did not have the time allocation to school system that schools can just shift time release organise that. It was always done by the careers teacher, around, that there is plenty of release time in terms of who had no teaching load at all and no face-to-face other coordinating roles and that there is enough in classroom teaching; they did work experience general budgets for schools to start taking money out coordination. VCAL is done a lot like that. The minister here and there to provide release time to VCAL does not appreciate or understand what applied learning (Victorian certificate of applied learning) coordinators is and that the strength of VCAL is its flexibility. when the government is now removing the coordination funding. We know VCAL coordinators and almost all I had the privilege of going to Gisborne Secondary coordinators use that funding for release time. College with the Leader of the Opposition a couple of weeks ago. We sat down and chatted to about eight The minister makes the suggestion time and again that VCAL students. We met the coordinator as well. Each because VCAL has been in operation since 2003 there one of these kids was doing something different. They will be a moment in time when there is no more work were doing different combinations. Some were at work to be done. That is an extraordinary, really scary on one day, some were at TAFE on another day and assertion, particularly for government schools. I have some were at school for two or three days. Each one of quickly read the executive summary of the independent their programs varied. All of that requires enormous report on VCAL delivery. It does not come as any great oversight. Let us not even talk about what is often the surprise to me. The minister talked about the sorts of different cohort of students doing VCAL. They are not schools offering VCAL and all the fat that is in them. I mainstream students — not because they are not bright, am not suggesting that independent schools have a huge but because applied learning suits them better. I was a amount of fat in them either, but I think that if there is a secondary teacher for many years. We all know that

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Wednesday, 12 October 2011 ASSEMBLY 3601 talk and chalk in the classroom suits 90-odd per cent of Mr KOTSIRAS (Minister for Multicultural Affairs kids or maybe even less than that. But there is a group and Citizenship) — It is a pleasure for me to stand to of kids who need hands-on learning. All of the kids we speak on this matter of public importance. I am not met at Gisborne Secondary College were hands-on surprised that the member for Niddrie decided to kids. They were doing brilliantly. propose this matter. After spending a few years in opposition in the 1990s not caring about education, then What will be sad if VCAL falls over due to a lack of as Attorney-General not doing anything at all in regard coordination is the effect it will have on a lot of these to education, it is no wonder he is referred to as the kids up to year 9, and even up to year 10, who have had Peter Garrett of the Victorian Parliament. He is all show a quite poor experience of schools, have not done and no substance. I thought he might incorporate a particularly well and have not enjoyed their work number of songs from Midnight Oil in his experience. They are kids who are likely to drop out of contribution — for example, Someone Else to Blame or school, if they have not already. We have some Forgotten Years. Unfortunately we were not given the community-based kids who have dropped out of school pleasure of listening to the member for Niddrie sing and who require enormous amounts of coordination. In either of these songs, because despite the scare fact I should declare that I have a friend who is a campaign by the Labor Party, the Victorian certificate VCAL coordinator in a community-based program. She of applied learning (VCAL) is not going to fall over. rings just about every student every morning to make VCAL is not going to disappear. sure they are out of bed and are on their way to their study or on their way to school. Do they remember I start my contribution by paying tribute to the current today is the day they are at TAFE and tomorrow is the Minister for Education, who is very sincere, day they are at school? Some of these students do not understands the education sector and wants the best have good organisational skills, which is why they have educational outcomes for our students. He knows what not done so well in schools previously. is going on, unlike previous Labor ministers. The first thing Labor did between 1999 and 2002 was extend the But the kids we saw a couple of weeks ago have for ministerial offices to allow for the employment of more once in a long time had a positive experience of staff. That was the first priority of the Labor learning. What is really clear to me is that at the end of government between 1999 and 2002. The member for their VCAL — the last two years of their secondary Eltham knows this. He was a chief of staff at the time, schooling — apart from the great skills they will have, and he knows it. they will have had a positive experience. For a lot of these kids it is the first positive experience they have Mr Herbert — On a point of order, Acting Speaker, had at school for many years, and VCAL coordinators I was not at the time the chief of staff for the Minister are critical to the delivery of that program. It is funded for Education, but for the minister for higher education, per head, so the government can say it is increasing skills and VCE reform. funding to VCAL, whereas it is actually not doing anything to support the program. The government is Mr KOTSIRAS — That is correct. But I was just paying for bums on seats essentially, yet the VCAL referring to his minister, and he knows that the size of coordinating role is absolutely critical to the provision the office increased in terms of square metres at that of VCAL services. stage.

As we heard from the member for Burwood in his As I said, the current minister does understand mindless little mantra, if you fund the delivery of the education at the grassroots level. He knows what the program without coordination you may as well go parents want, and he knows what the students want. He home, because you cannot deliver the program without is a very good Minister for Education. That is why in that coordination, which has been described to me as a this year’s budget there was an extra $1 billion for new mentoring program of constant monitoring, a flexible initiatives, despite the black hole that was left by the program that allows kids to change the mix of their previous Labor government when it left office last year. programs throughout the course of their years. It will be Despite the fact that Labor left a black hole we were a huge shame if this falls over. We know the able to deliver $1 billion in new programs, and these government does not particularly like anything run by include $200 million in capital works, $150 million for the public sector. It does not like public schools. It does students with disabilities — which Labor was going to not like public education. It does not like public cut — $120 million for an additional 150 primary transport. It does not like anything public; in fact I do welfare officers, an extra $100 million for school not know why the coalition forms governments. The maintenance, over $50 million to restart Labor’s government needs to restore the VCAL funding.

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3602 ASSEMBLY Wednesday, 12 October 2011 cancelled Schools Start bonus and an additional Mr KOTSIRAS — The number of secondary $32 million for vocational education and training. school students who undertook LOTE was 54 per cent in 1999 and dropped to 41 per cent in 2010. When we I find Labor’s hypocrisy remarkable, because Labor say the former government did nothing for education, it members can come into this house and talk about is a fact. It is proven that for 11 years the Labor VCAL after 11 years of neglect, 11 years of government did absolutely nothing. When you throw mismanagement, 11 years of ignorance and 11 years of into the mix the mismanagement of major projects and incompetence. Those members have come into this a number of other initiatives, one can only marvel at the chamber today to tell us to fix their problem, their mess, potential funding that was available. If we look at the in 10 months! They had 11 years. Labor ministers auction of gambling licences, which lost $3 billion, enjoyed the perks of office. They enjoyed everything how many coordinators of VCAL would $3 billion that came with being a minister, but delivered nothing employ? Let me tell members something: that amount for our students. would have covered the cost of coordinators for the next 200 years. Yet the former government lost Ms Campbell — On a point of order, Acting $3 billion due to its incompetence. If you throw into the Speaker, the minister is misleading the house, and I mix myki, the desalination plant and the regional rail suggest that he get back to the matter of public project, you begin to realise what that money could importance. have been used for if we had that money. The ACTING SPEAKER (Mr Morris) — Order! Unfortunately, due to Labor’s incompetence, the I ask the minister to return to the subject of the debate. money is not there.

Mr KOTSIRAS — As I said, there was no money As other members have said, VCAL was introduced in for cleaning, no money for maintenance, insufficient 2003 as a result of the Kirby report. This is what the money for Building the Education Revolution projects member for Eltham said in 2006 as a question in this as a result of mismanagement, and there was a Parliament to the then Minister for Education and reduction in funding for language education. Under the Training: Labor government, language education became a My question is to the Minister for Education and Training. I luxury extra and students missed out on learning a refer the minister to the government’s commitment to making language. I have a graph in front of me which shows Victoria a great place to raise a family. I ask the minister to that in 1999, when Labor was elected to government, detail for the house how the government’s investment in 99 per cent of secondary schools offered a language education is delivering on that commitment. program. In 2010 that had dropped to 86.6 per cent. In At that stage the minister went on to waffle, but she primary schools, 97 per cent were offering programs, said: and this dropped to 69.3 per cent. The number of students in primary schools who undertook the study of We provided $47 million for additional teachers in order to a language other than English (LOTE) was 88.7 per put the VCAL in place. cent in 1999. Even in 2006 the money was there for only a short Ms Campbell — On a point of order, Acting period of time. I will say it again: the former Labor Speaker, I question the relevance of the minister’s government provided $47 million for additional contribution. The matter of public importance relates to teachers in order to put VCAL in place. It was never VCAL funding. The minister is scurrying off on intended to be ongoing; it was just to set up the another tangent because he does not want to address the program. After eight years of this program being in matter of public importance. I ask that on the question place you would think that the skills and expertise of relevance you bring him back to the matter of public would be there for the coordinators and that the funding importance. that goes to them would not be required.

The ACTING SPEAKER (Mr Morris) — Order! The opposition’s campaign is about spin. This is about The debate as I have heard it both within and outside scaring the community. This is about telling students, the chamber has been reasonably wide ranging, as parents and school communities that VCAL will come debates on matters of public importance always are. I to an end when in reality opposition members know it do not believe the minister is any further away from the will never end. They know it is embedded. They know subject than perhaps the member for Macedon was in it is working well. They know the number of students her contribution. has increased. The number of schools that have taken up VCAL has increased. They know all this, but they continue their scare campaign because they are a part of

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Wednesday, 12 October 2011 ASSEMBLY 3603 a lazy opposition that is not able to come up with any reason for that is the individualised annual needs of new initiative without the assistance of the public each student. service. All of a sudden opposition members find themselves with no assistance from the public service I want to highlight the schools in my electorate that and are incapable of coming up with one new initiative. need the continuation of this $48 million funding. All they do is come here and blame us for their Students in my electorate attend Pascoe Vale Girls incompetence, for their mismanagement and for Secondary College and Mercy College, which will have 11 dark years when schools in my electorate suffered as their VCAL coordination funding cut. Other students in a result of a Labor government that delivered nothing my electorate travel to neighbouring schools, such as for the electorate. Labor members have the gall to come Glenroy College, to Glenroy neighbourhood learning into this chamber and say to us, ‘Fix our mess; fix our centre and to Glenroy Specialist School. A couple of problem. It was our problem, but now it is yours. Fix it those schools are on the border of my electorate and the in 10 months’. They should be ashamed of themselves. electorate of Broadmeadows, and large numbers of They should put students first, not the Labor Party. students from my electorate attend them. Those students need this program to continue to make sure Ms CAMPBELL (Pascoe Vale) — I want to let the that their life outcomes are enhanced by a program that member for Bulleen know that I will be making sure meets their needs. every single school in his electorate gets a copy of that appalling contribution, particularly his last comments in The shadow minister talked about this being a time which he said that cutting VCAL (Victorian certificate when VCAL is infected by a sore which is expanding of applied learning) funding is going to help students. and deepening. When I sat there and listened to this Please explain! He was unable to explain why those gory description I thought, ‘Yuck, that is awful’, but it cuts are going to make things better for students. He is nothing compared to the effect on the students who had to go off on tangents in relation to languages, and are currently in VCAL or who want to go into VCAL in now he is leaving the chamber. He does not care about the future. In fact I would go further than the shadow students who need VCAL or the schools that are going minister; I would say this is inflicting golden staph on to be adversely affected by these cuts. the education system and on students, because the effect of this infection will be lifelong. It must be The minister suggested that we are scaring the addressed. As the shadow minister said, we need a community. In fact we are highlighting to this house, to backflip from the government right now. the community and to parents and families that VCAL students require the coordination funding that was The reasons we need VCAL coordination funding are proudly provided by the Labor government. This is immense, but I will outline just some that have been really important funding; $48 million makes a huge provided to me by one of the VCAL coordinators who contribution to outcomes for students, who are our looks after students in my electorate. He said each new responsibility as members of Parliament. VCAL school year brings a new VCAL team which needs to students are as important as VCE (Victorian certificate be trained differently. It is different each year because of education) students in this state, and we will never there is an individualised program for each student. walk away from making sure they have a particular Each year there are new students for whom to find VET program that meets the annual needs of each and every placements, school-based apprenticeships and training student. as well as work placements. We need students to complete their courses successfully to enable them to I am a secondary teacher with considerable experience. be employable and to address the state’s skills shortage. I have a husband who has been a teacher for many He also said that students need to be monitored and years and is recognised as such. We have four children maintained in their VET placements with a range of and a range of friends, just like a whole lot of other providers. This ongoing contact is required, as are people in this house. We know that some children want visits, where necessary. VCE, which meets their needs; some children need VET (vocational education and training), which meets As the member for Macedon pointed out so carefully, their needs; and some children need VCAL, which one of her friends, who is a VCAL coordinator, said meets their needs. But part of meeting their needs is that it sometimes requires daily phone calls to some having coordination funding, because each and every very disengaged students to ensure that they are out of student requires specific support in the VCAL program. bed and on their way to their VCAL placement. It is They need a specific placement, and they need specific nonsense to say that because a VCAL program has support. There is a difference between being a VCE been established it does not require ongoing funding. coordinator and being a VCAL coordinator, and the Rather than being embedded, VCAL makes sure kids

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3604 ASSEMBLY Wednesday, 12 October 2011 are not embedded themselves in their beds and gets undertaking VCAL (Victorian certificate of applied them out to their VCAL placements! learning) has increased year on year as enrolments have grown, and this is still the case. This year education We also hear from our VCAL coordinators that funding supporting VCAL students in government volunteering is an important part of the VCAL program schools will increase once more to accommodate a and that the program is labour intensive. There are more than 8.5 per cent growth in student numbers. students who volunteer to do work placements. No What has ceased is a coordination payment provided in doubt some of us would have them in our own the early years to assist with the start-up of the program. electorate offices. We know that the VCAL coordinator It was establishment funding. These changes bring makes an initial phone call to our electorate office and VCAL into line with VCE (Victorian certificate of then comes by to see what work we have to offer that education) and VET (vocational education and training) will enhance the life skills of that student. in schools, where there is no specific coordination funding. ‘The shadow minister also outlined that other programs, such as the Advance program and the Real Industry Job It is a fact that many government-supported services Interviews program, require VCAL coordinators to assist VCAL students. The Victorian Curriculum and attend several meetings a year. He highlighted that Assessment Authority, the Victorian Applied Learning VCAL is a flexible program designed to cater for the Association, local learning and employment particular needs of each group and that it needs to be networks — one of which is very active in my reviewed and modified each year. It is not a electorate — and the Workplace Learning Coordinators set-and-forget curriculum. For the minister to get up program all work with VCAL providers to develop and say that the curriculum has been established is curriculum resources, coordinate workplace learning absolutely ignorant of the reality of how VCAL works. placements and broker partnerships between industry, schools and the community. VCAL also caters for many integration students and students with a range of issues that may affect their The Victorian government is committed to the learning. They need extra attention and support. Again I provision of a world-class education and training highlight the difference between being a Victorian system, of which VCAL is an important component — certificate of education (VCE) coordinator and a VCAL we recognise that. VCAL was introduced in 2003, as coordinator: as a VCE coordinator you do not have to we have heard, to provide young Victorians with an provide as much attention and support for each and alternative to VCE and give them an additional every student as you do in the VCAL program. pathway to employment, further education and training, and today more than 18 000 Victorian students are To sum up, VCAL is important because it develops undertaking VCAL. The coalition government supports skills in students that enable them to join the workforce. this innovative education program, as is indicated by This requires that they not be stuck in a classroom but the increase in funding for students. There has been no be exposed to a range of experiences that will make reduction in the funding for students, and I want to their transition from secondary school to further stress that point. education, training and work so much more smooth, ensuring that they are engaged. Under the VCAL Along with other programs offered in Victorian program students want to come to school because they government schools, VCAL continues to be funded have someone who takes a special and individualised through the student resource package (SRP). The SRP interest in them. is based on the number of students enrolled, and when schools receive this money they have the flexibility I lament the fact that this government has taken within that budget provision to deliver programs and $48 million away from the VCAL coordination support for students in a way that is designed to program. It needs to be reinstated. If it is not, this will improve educational outcomes. They can get that not be an infection of current students whose schools money and structure their educational processes to suit might be able to cobble together some funding to get their local needs. them through their VCAL next year, but for the year after and beyond we are going to be infecting students As mentioned, the 8.5 per cent increase is a significant with golden staph without this funding. contribution from this new government. It is a fact that this Victorian government has provided a significant Mr BULL (Gippsland East) — I welcome the boost to education right across the board in the 2011–12 opportunity to contribute to debate on today’s matter of budget, allocating more than $1 billion in new funding public importance. Funding to support students to early childhood development, school education and

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Wednesday, 12 October 2011 ASSEMBLY 3605 higher education and training services. This funding pointed out, this year around a dozen schools are includes $156 million over four years to meet the looking to provide VCAL for the first time; they are not increased demand in the program for students with scared. The department will work with those schools to disabilities. The government can only be applauded for manage its implementation. this measure to support students, their teachers and their families with a more supportive learning environment Our first budget is delivering on our election for children with special needs across the board. We commitments and fixing the mess we inherited. In my have provided $32 million over four years for electorate this includes a new school for Toorloo Arm vocational education and training in schools. This Primary School, which I am pleased to say has been funding was scheduled to lapse this year; however, the delivered in the first year. The minister visited and coalition government has committed to continue it, listened to the concerns of the community, which which reflects the importance of this option for related to school enrolments having outgrown the students. facility and to the structure of the school being in a very bushfire-prone area. The minister came, he listened, he There is also $120 million for 150 additional primary made the promise and we have delivered. This was not welfare officers in our schools; an extra $100 million in a bipartisan commitment. We have also committed to a school maintenance, including paying for cleaning and new school building for Bairnsdale Secondary College. utilities in a lot of the Building the Education Again the minister came, and he listened. After our Revolution projects; and over $50 million to restart the commitment there was bipartisan support, but he made cancelled School Start bonus to help the most needy the first move. Indeed there is over $200 million in families to access education. There is also $1 million capital works on top of the $760 million in new over three years to pilot and support new initiatives and programs. research-based educational approaches to re-engage young people who are disengaged or at risk of It has been implied by members on the other side that disengaging from schooling. This is about trying to get there is a lack of support for disability within the the kids who are going off the rails back into education, education sector. I just want to recap. There is which is a very important initiative. These are all very $156 million over four years to meet increased demand positive moves and prove that this government is for students with disabilities. I have been through the committed to education in Victoria. We will also invest system with one of my children. It is very important $30 million to provide 100 maths and science specialist that we meet this growing need, and, as a government teachers to work in primary schools and we are doing that. There is $65 million in the current 400 scholarships for science graduates to become budget for 11 special and autistic schools, which is the teachers in Victorian schools. These are all very biggest investment in over a decade. These are critical. I proactive measures. have also heard the figure of $48 million being quoted by those on the other side of the house, which is very In our first budget we made the largest single interesting. There was no mention that this is 24 days of investment in a decade in special and autistic schools, desalination plant repayments. The VCAL program is with $65 million provided in the current budget for not being cut. The doomsayers on the other side speak 11 schools, including one in Horsham. This is as though it is being cut, but the reality is that it will significant. We are also increasing investment in land continue to grow and prosper and it will continue to be acquisition from $8 million to $35 million to buy land very well supported by the government, as it was in the for new schools in areas including Melton, Doreen, budget with an increase in the allocation for student Officer, Casey and Torquay. This is about planning for funding. the future, which is common-sense spending. We are making these investments while returning Victoria to a I will finish by saying there has been no reduction to sustainable financial setting. funding for VCAL; the establishment funding has been removed and it falls in line with other program in the The decision to discontinue coordination funding school system. It will continue to be a priority program recognises that VCAL has developed into a mainstream for this government. In my previous employment at program capable of being delivered through recurrent Bairnsdale Secondary College I had the pleasure of funding to schools and other providers. It is true that working within the VCAL structure with a number of some schools will be required to make some students. I have seen what a great program it is, as I am adjustment, but the Minister for Education has sure have all members on both sides of the house. It indicated that they will be supported. When we came to will continue to grow and be well supported, and it will power we found many of the more basic services in continue to be very highly regarded by this government. education had no ongoing funding. As the minister

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3606 ASSEMBLY Wednesday, 12 October 2011

Mr HOWARD (Ballarat East) — Like other In the case of Ballarat Secondary College, for example, members on this side of the house who have spoken, I which is a school that has 70 VCAL students this year, am very concerned about the cuts to VCAL (Victorian it knows that the VCAL coordination funding should be certificate of applied learning) coordination funding. I $52 000 this year, so over a four-year period that is wonder how any government can be so mean as to cut more than $200 000 that it simply will not have. It is from this very vital area of education within our school being penalised for having VCAL students who need system. As a former teacher I have a long history of extra support. It is then put in the situation that other working with young people, and in my teaching days I VCAL providers are put in of being forced to ask, was pleased to be teaching an alternative to the VCE ‘What do we do next year? Do we cut our VCAL (Victorian certificate of education), because in the program?’. Most of them say ‘No, this is important for school in which I taught there were many students who us’, but the alternative to continuing their VCAL could not see that they could continue to be successful programming means they have to withdraw the funding if they stayed on at school and attempted VCE. An that would have been provided for some other alternative was very important to those students. educational service so they can continue to provide VCAL coordination. It is great that the Victorian certificate of applied learning program was established in 2002. In the years There is another path in between which means they since then more and more students and schools have cannot offer the same level of coordination and support seen that it is a great opportunity for students who for their VCAL students and programs. As we have simply know that VCE is not for them. We know that if heard from other speakers, these complicated programs they did not have the VCAL option, many of them are not individualised and involve follow-up support for would have dropped out of school and not seen any vulnerable students and lots of follow-up with positive future for themselves. They could have ended organisations outside the schools that are providing part up being problem people in their communities. We of the training. know that is not a path that we want to see our young people go down. It is not good for them, it is not good I was pleased to meet with VCAL students in Kyneton for their families and it is not good for our community. along with the shadow Minister for Education, the member for Niddrie, about eight weeks ago and see We need to support all young people to find a way how enthusiastic those young students were. On the day through the education system to ensure that when they we met them they were selling cakes they had made at leave it they have the confidence and the skills to a stall in town to support a community cause. In talking enable them to continue on, either to see there are to them we observed that they were really motivated by further opportunities for education and training or their program; they knew they were supporting a opportunities for them to be employed. That is the path program within their community. They said, ‘If we we want all of our young people to go down. When you didn’t have the VCAL program, we could not see start chopping programs and you cut off opportunities ourselves still being at school, and we don’t quite know for young people who are vulnerable and at risk, you what that would have meant for our future’. can see them going down the wrong path and see law and order issues that should not happen occurring in our I have also been to Daylesford Secondary College. communities. It is appropriate that as members of this Again I met with some VCAL students and talked with house we support students in that situation. their VCAL coordinator. Those students echoed the same sentiment that VCAL had provided for them an Since the announcement of the cut to VCAL funding, opportunity to continue their education when they had which amounts to $48 million over the next four years, not had the confidence to believe they could I have spoken to the seven schools and education successfully complete VCE. The program that has been institutions across my electorate that support VCAL developed at Daylesford Secondary College links in students. I have spoken to VCAL students as well as to strongly with the new State Emergency Service unit in their family members about how this cut will affect Daylesford. Students undertake a program which links them — and it is a cut. No matter how the government in with Daylesford’s recent experience of bushfires and tries to spin this, it is $48 million that those schools and links in with the work of the SES in supporting its education providers have been gaining in the past to community in a range of emergency service measures support their VCAL students that they will not get in and the planning of those emergency service rollout the future. The schools and educational institutions I measures. Students in this program have been inspired have spoken to all know they are in a very difficult to learn about the way emergency services work in their situation because of money that they should have community, the way their community works and how received next year that they will not receive next year. they can play a role in supporting their community.

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Wednesday, 12 October 2011 ASSEMBLY 3607

They have seen that there are opportunities for them to (VCAL), which was introduced in 2003. At the time the continue past school by being involved in volunteer funding was provided to support coordination to services such as the SES. The students all spoke very establish the program, which was for students in enthusiastically about this program. secondary colleges and covered numeracy, literacy, industry-specific, work-related and personal When I talked to the VCAL coordinator at Daylesford development skills. These are all very significant skills Secondary College, Mr Phil White, he said that that secondary students need to learn as they continue coordinating this program is a very time-consuming their education to set up their career path for life. task. He was excited about what he had been able to achieve, but he knew that the school had to make a very We are eight years on from the introduction of the difficult decision next year about how it could continue VCAL program, and it is very well established within to provide the coordination support necessary to the secondary school arena. It gives students the continue the VCAL program and continue supporting practical, work-related experience they need. As we the students and the linkages they were making with the know, education is a springboard for anybody’s life, SES and other organisations within the community. and particularly for the lives of the youth of today. It is This college, like so many other educational important that they be encouraged to get as advanced an institutions, now has to make a decision. It has to ask: education as possible, whether it be from a secondary ‘How can we continue to fund this program? Where do school, a TAFE college or a university. we get the funding to continue its coordination? What other program that is important to us do we have to rob In 2010 the student resource package funding supported so that we can continue the VCAL program?’. an 8.5 per cent increase in the number of students undertaking VCAL. This indicates not only that this The withdrawal of VCAL funding seems such a program is successful but that over eight years it has mean-hearted approach. We see that the new coalition been encouraged and accessed by students. I know that government has promised more money for private students at one school in my electorate, Our Lady of the schools. It has promised more money for programs Sacred Heart College, have benefited from that such as an additional language program. It has provided program. Former students have gone on to pursue further funding in some areas that you would have to whatever career path they have chosen. Current say seem elitist, whereas it has pulled funding for students are getting a really good academic experience vulnerable students who need ongoing support. This and achieving the things they want to achieve, which is government can put money into areas that it seems to important. Not only that, they are encouraged to relate to but not into areas that are affecting grassroots participate in such programs if that is what they want to families, such as giving students a great deal of support do. and providing great opportunities to keep vulnerable young people in our community learning and on a path After 11 years of the best economic conditions in to work and a positive future. It is a great shame that Victoria’s history, Labor has left our children, our this government appears to want to focus on putting grandchildren and, for some, our great-grandchildren a money into private education and other areas while financial legacy of waste, mismanagement and failure. taking money out of this important area. Opposition members cannot decide if they are talking about $48 million or $50 million, as we heard earlier; Across my electorate since VCAL has been operating there seems to be a discrepancy — a difference of more than 200 000 students have completed the course. $2 million. We are talking about waste and I want to conclude by reading part of an email I mismanagement. One would have thought that in the received from a parent who advises me that she has last couple of hours during which we have been read with quite some concern about the loss of funding debating this matter of public importance the opposition for the VCAL program. She says: would have got its numbers right — $2 million is a significant amount of funding. My son is a VCAL graduate, and without this program our son would not have completed year 12. This program gave Honourable members interjecting. him not only a year 12 qualification but importantly … social skills to participate fully in the community. The ACTING SPEAKER (Mr Morris) — Order! This program is too invaluable for children like my son, who While the last three speakers have not been heard in would have had no other hope of completing years 11 and 12. silence, they were given the courtesy of a fair hearing; let us continue that practice. Shouting down other Ms MILLER (Bentleigh) — I want to be very clear members is not acceptable behaviour. and say simply that there will be no reduction in student funding for the Victorian certificate of applied learning

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3608 ASSEMBLY Wednesday, 12 October 2011

Ms MILLER — As I said, we are talking about a provision in the forward estimates for VETiS and failed discrepancy of $2 million. Imagine how much money to inform Victorian students about that matter, which is could be invested in programs for students with a shameful disgrace. disabilities, which have had no growth factored in. Instead we will now be spending just short of The coalition is committed to stamping out bullying $2 million per day for the next 30 years — a legacy of and making schools safe. We are increasing the powers the previous Labor government. of principals to discipline students and prevent dangerous weapons from entering an environment in What about the maintenance of the Building the which parents dropping students off expect them to be Education Revolution (BER) facilities that a lot of safe. We are investing $14.4 million to update, review schools in my electorate have recently had built? and expand antibullying programs, which includes a Principals of schools in my electorate have conveyed to $10.5 million eSmart initiative to fight cyberbullying me that they have not budgeted for or funded the across government schools and some Catholic schools. cleaning of these buildings. It is great to have all these To support these initiatives we are investing in beautiful, grand buildings in these schools, but not only professional development for teachers in a better has the land on which these facilities have been built classroom behaviour management program and been taken away from them but they do not have the overhauling alternative settings. funding to clean them. The students can conduct activities in these facilities, but the schools do not have The coalition is reaching out to the people Labor the funding to clean them. Principals have told me that abandoned and investing in the basic services they they have closed toilets and amenities because they do need. We are making these investments while cleaning not have that funding. up 11 years of waste and mismanagement and returning Victoria to a sustainable financial setting to ensure that This is my first term, and before being elected I was of all Victorian students have a sustainable future. the opinion that Labor was a strong advocate for education, but that is just nonsense — it is a farce. The The coalition will continue to support the Victorian government is strongly pro-education. It is supportive certificate of applied learning program as a pathway of youth and students in the education system. The because there are over 18 000 students who will VCAL program is a clear example of our intentions. undertake the VCAL program at over 400 providers. Labor robbed Victorian families of $3 billion, which There will be no reduction in student funding for the means that Victoria now stands to lose $4.1 billion in VCAL program. As I said earlier, the VCAL program GST revenue. If that is not enough, we have to deal has been well established, is now an accepted part of with a carbon tax — a tax the Victorian people did not the school curriculum and therefore it can be managed vote for and do not want. It will increase the cost of appropriately. It has been successful with the students getting an education and hurt Victorian families, who have participated. especially where they are already struggling. Many people in Bentleigh are doing it tough. Small business The funding that we have invested in education will operators I have spoken to have told me that this may ensure not only that VCAL programs continue but also force them to close their doors. The opposition does not that in the years ahead job opportunities will be created care about the bottom line, about the financial status of for students who have participated in those programs. Victoria, about basic services or about working The students will get a good go in life and be able to Victorian families. create their own pathway and future. The youth of today are important for our future. We as a coalition The Baillieu government is now left to fix the problems government will ensure that our students in our schools, and build the future. The recent budget included public or private, are educated and get the best $1 billion in initiatives — $200 million for capital opportunity they can get from accessing the funding for works in schools on top of $760 million for new the VCAL program. I will conclude by saying that there programs and initiatives. What does this mean? It will be no reduction to student funding for the VCAL means we are investing over $120 million for program. 150 additional primary welfare officers in our schools. We are investing an extra $100 million in school Mr HERBERT (Eltham) — It is a great pleasure to maintenance to fund the cleaning of BER buildings, speak on this matter of public importance. The matter which was not funded by the previous government. We being debated today characterises the mean-spirited and are investing an additional $32 million in vocational callous approach the Baillieu government has taken to education and training in schools (VETiS). Under education funding, particularly with the $48 million Labor this funding was due to lapse. It made no cuts to the highly successful VCAL program. I was

MATTERS OF PUBLIC IMPORTANCE

Wednesday, 12 October 2011 ASSEMBLY 3609 gobsmacked to hear the member for Bentleigh say there Education are embarrassed by these cuts. These cuts is no funding cut. What is $48 million taken out of a were forced on them by Treasury and the Premier. As program? It is unbelievable. If it came out of my wallet, the Deputy Leader of the Opposition has said, the cuts I would know I had been ripped off, that is for sure! were made with a red line through the budget papers without any thought about the impact of those cuts. I say at the start of my contribution that when the They are embarrassed by the cuts, but they should be Minister for Education got up and made his more embarrassed for failing to stand up to Treasury contribution to this debate I was surprised that the back and defend their programs. They were in receipt of a bench of the Liberal-Nationals coalition was empty. seemingly secret independent report that said we should Perhaps I should not be surprised: maybe they were told not cut coordination funding. They had that report and not to be here, because they know, just as everyone else saw the cuts coming, but did they stand up? No, they in this place knows, that right across this state there is a did not. It is deplorable. It is almost as deplorable as stench, and there is concern in local schools and among some of the comments we have heard from others providers about what this cut is going to do to their opposite who have failed to stand up for their schools. education provision. They are more prepared to parrot the party line that there is no cut when $48 million is being dragged out of Mr Katos — On a point of order, Speaker, the the program. member for Eltham is clearly misrepresenting the situation: the back bench was not empty. The member for Bulleen said I played a strong role in the provision of VCAL. In fact I have firsthand The ACTING SPEAKER (Mr Languiller) — knowledge of how the program came about. In around Order! There is no point of order. 2000, as the chief of staff to the minister responsible for Honourable members interjecting. Victorian certificate of education (VCE) reform, I worked closely on the policy creation and The ACTING SPEAKER (Mr Languiller) — implementation of VCAL. Let me tell the house that Order! I ask members to extend the courtesy of silence from day one it was clear that the hands-on approach to the member for Eltham, who needs no protection for the senior year certificate required extra resources, from the Chair, but the Chair is interested in the debate. not just to establish it but also to run quality programs. I would appreciate it if both government members and A massive number of young people were dropping out opposition members could extend the appropriate of school then because they had no alternative to the courtesy to the member. VCE. They required the extra support that a hands-on vocational program would provide, and that support Mr HERBERT — What a debacle this decision was provided not just in year one, not just in 2002 for represents! It has been a debacle from the start. Let us the trial year and not just in 2003 for the first year, but have a look at what happened. The matter has been for nine years under Labor because Labor recognised mishandled from day one. The decision was made by that the extra coordination funding was needed year in, the Minister for Higher Education and Skills, Peter year out for schools, TAFEs and adult community Hall. The announcement was made and defended by education providers to run those programs successfully. Minister Hall. Minister Hall gave out awards to VCAL students from the adult and community education While I knew then that the program would be a success, provision. He provides funding to the VCAL program I had no idea just how successful it would be. There are for the adult and community education and TAFE 431 providers and 20 000 students. It is a mainstream providers through the Skills Victoria budget for which program going gangbusters, and it is growing and he is responsible. The announcement of the funding cut attracting more students. That is about to halt. Those on to adult and community education and TAFE providers the other side say there are no cuts. We may see the came from Skills Victoria. same number of VCAL programs in place, but I can guarantee that that increase, that upward slope of When it came to answering questions in the other house student enrolments, will come to a dead end. It will of this Parliament about what the impact of the cut will plateau and will drop without the coordination funding. be on TAFEs such as Chisholm, what was his answer? The Deputy Leader of the Opposition has successfully He said the matter did not fall within his portfolio outlined the impact on schools of these cruel and responsibility. He is prepared to announce cuts, provide callous cuts, which will hit the most vulnerable and a commentary on them and give out awards to VCAL needy students. students, but he is not prepared to own up to and defend the cut. You can understand that he would not want to In the area of my shadow portfolio responsibility for do that. The truth is that he and the Minister for adult and community education it is going to be a

STATEMENTS ON REPORTS

3610 ASSEMBLY Wednesday, 12 October 2011 disaster, because the adult and community education baby at 16 and could not return to school because it did sector — the neighbourhood houses that members not have proper child care. She found her way to opposite visit and then mouth mealy words of support VCAL. She is now 21 and has a job offer. She has about but fail to support in this place — provides young further training arranged next year, and she has a future. people with a second chance to get an education. It There are millions of these success stories. There are provides a second chance for young people who have millions of stories of hope for young people who would been kicked out or dropped out of school. It provides a not have had hope without VCAL and its funding. second chance for young people who want to get a job These are genuine stories. The extra funding is needed. and make a go of it in their lives. It provides a second It is a fundamental misunderstanding by Treasury chance for vulnerable young people who need support. bureaucrats that this program can exist as it does The VCAL program is their second chance, and these without that extra funding. It is a disgrace that it has students need that extra coordination funding to give been cut. them that support. There is nothing clearer: if you open your ears and go out to the providers, you will hear firsthand that they need the money for a coordination STATEMENTS ON REPORTS program and for curriculum assessment materials, to develop partnerships with local employment networks, Public Accounts and Estimates Committee: to coordinate student administration and to provide budget estimates 2011–12 (part 1) much-needed support for these young students to enable them to stay at school, be successful and go on Mr NOONAN (Williamstown) — I rise to make and get a job. some comments in relation to the report entitled Report on the 2011–12 Budget Estimates — Part One of the There is no better case to support that than young Public Accounts and Estimates Committee (PAEC), Jessica McKenzie, who studied for VCAL at the which was tabled in this house back in June. Part 1 of Diamond Valley living and learning centre in my the report provides an analysis of what are essentially electorate of Eltham. The Deputy Leader of the the key aspects of the 2011–12 budget and includes a Opposition and I visited her and heard her firsthand number of key recommendations. As a former member account of how VCAL put her on the road to success of PAEC I want to place on record my thanks and she is on today. She was kicked out of a mainstream appreciation to the committee members and staff for school, but she found her way to the Diamond Valley providing a valuable report to the Parliament. living and learning centre, and through its extra support, mentoring and coordination of activities and the extra There are many aspects to the report, but I want to coordination funding she attained her VCAL; not only focus my attention on the roads portfolio and in did she attain it, she excelled. She is now at La Trobe particular what I consider to be some clearly misleading University doing a degree in business studies. remarks made by the roads minister in relation to the truck action plan in the inner west, which is in my Better than that, earlier this year she was presented with electorate of Williamstown. As indicated on page 119 an award for Adult Student of the Year by the Minister of the report, the truck action plan was one of the key for Higher Education and Training, the bloke who has matters raised by the Labor members on the committee denied having any responsibility whatsoever for this during the course of the budget estimates hearing of funding. On the one hand he presented her with an 10 May. award for the great job she did through VCAL and that her living and learning centre had done with her; on the Up until about a month ago the VicRoads website other hand he and the Baillieu government have pulled outlined the details of the project as including: out $48 million from this successful program. I ask constructing new ramps connecting the West Gate members if there is any greater example of hypocrisy Freeway and Hyde Street at Yarraville; upgrading Hyde than that. Street, Whitehall Street and sections of Francis Street and Moreland Street; and upgrading and strengthening Of course there are other stories. If those opposite on Shepherd Bridge, which carries Footscray Road across the Liberal Party back benches went out to the schools the Maribyrnong River. The website also stated that the and the adult and community education providers that I, proposed road network improvements would reduce the opposition leader and the deputy opposition leader truck volumes on Francis Street and Somerville Road in have been to, they would hear story after story of Yarraville by 50 per cent to 70 per cent — or up to success generated through the extra funding that VCAL 5000 vehicles each weekday. Mysteriously that gets. At a community provider’s premises the other day information about the project’s reductions in local truck I heard the story of a girl who left school at 14, had a movements has now been removed from the VicRoads

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Wednesday, 12 October 2011 ASSEMBLY 3611 website. I am sure that would have absolutely nothing With population growth booming in the west and to do with a piece that was written by Charlene Gatt in container freight through the port of Melbourne the local Star newspaper not so long ago. expected to quadruple, the Baillieu government should stop playing games and simply get on with the full Let us come back to the PAEC hearing, because on construction of this project. The freight industry, 10 May 2011 the member for Altona raised some residents, local schools, local government, business questions in relation to the future of the truck action advocacy groups and early childhood centres in the plan. The minister gave a very long-winded answer inner west all support this project. This project has before basically saying that the project was now under universal support, so will the Baillieu government not review and that the Baillieu government had parked the support this project? That is what our community wants first $40 million that the previous Labor government and needs to know. The Baillieu government needs to had already allocated to this particular project. But in stop sitting on its hands and start delivering. his answer the minister also stated: Public Accounts and Estimates Committee: Early advice that I received in relation to this indicated to me that without WestLink this particular upgrade would be very budget estimates 2011–12 (part 3) quickly taken up with additional vehicles and no real benefit would be seen in the future. Mr MORRIS (Mornington) — For the information of the house today I wish to raise some matters that I want to be clear on this point: what the minister told arise from part 3 of the report of the Public Accounts the committee is that without the construction of and Estimates Committee, which I had the honour of WestLink the truck action plan as a stand-alone project tabling in the house during the last sitting week. The would have no real benefit. But ministerial briefs third volume completes the estimates process for the obtained under freedom of information laws clearly year, an exhaustive and indeed sometimes exhausting contradict this statement. Back on 7 January this year process. This volume includes a review of budget George Mavroyeni, the acting chief operating officer at papers, government sector output initiatives, VicRoads, provided advice to the minister regarding the government sector asset investment, a chapter on truck action plan. In that advice under the heading revenue, a chapter on general government expenditure, ‘Truck action plan project relationship with WestLink’, a chapter on commonwealth-state relations and, point 19 very clearly states: importantly, a further chapter on responding to environmental challenges, including the number of Traffic analysis shows that the truck action plan, in its own right (without WestLink), provides a significant contribution natural disasters that the state has faced in recent years. to improving access to the port of Melbourne, as well as reducing truck traffic in residential areas by around 50 per This afternoon I want to speak specifically about cent. revenue aspects of the report and in particular about commonwealth-state relations. I make the point that That advice makes it very clear that the truck action none of this subject matter is headline-grabbing stuff, plan would have very real benefits in that truck traffic although fortunately it did get a bit of an airing at the in residential streets in the inner west would essentially so-called tax summit last week. I commend the be halved. Halving the number of trucks in the inner Treasurer for raising the matter in that context. The west would lead to more than 1 million trucks per year ongoing financial viability of the state is linked to our being redirected away from residential streets. ongoing capacity to deliver services, to provide Let us come back to the minister’s statement to PAEC. infrastructure and to cope with population growth. If The minister needs to come clean about whether he you do not cope with population growth, do not keep knowingly made statements to an important committee, the services going and do not keep up the infrastructure PAEC, which clearly contradicted the advice that he program, that has a direct impact on living standards. had received from VicRoads. He must also explain why All these things depend on a sustainable and growing he ordered VicRoads to remove vital information about revenue stream for the state. the benefits associated with the truck action plan from We do not of course raise revenue in isolation from the its website and ensure that there were no references to rest of the country; any taxes that might be levied by the truck action plan in the VicRoads annual report. Victoria could well impact on our competitiveness The minister has distorted the facts and is now seeking within the federation. I regard that competitive tension to deceive the community on this critically important as one of the great strengths of our Australian structure project. of government, and we certainly need to guard against lessening that competitive strength in the context of Council of Australian Governments harmonisation. It

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3612 ASSEMBLY Wednesday, 12 October 2011 would be very easy to move to a situation where Thomastown. I would particularly like to draw the competition was lessened and where it effectively attention of members of the house to comments made became a limitation on the market. We do need to by the Minister for Education when he appeared before guard against that. As is the nature of these things, with the committee in May this year. strengths there are always challenges, not the least of which is the vertical fiscal imbalance which has The ACTING SPEAKER (Mr Languiller) — become institutionalised in the Australian system. Order! I ask the member for Thomastown to clarify While there are imbalances across the system, these are whether she is referring to part 1 or part 2 of the report, particularly apparent in the broad revenue opportunities given that there was a contribution on another report available to the commonwealth to meet relatively small that also relates to June. demands; in contrast to this are the severely proscribed revenue and rapidly rising demands placed upon the Ms HALFPENNY — I refer to part 1 of the report. resources of this and every other state in the As I was saying, the minister gave a presentation to the commonwealth. committee, and he spoke about the government’s agenda. He made the comment that this government The committee report includes some figures at was about building ‘the capability of every Victorian’. page 139. It identifies the total revenue of the general Those are fine words with a fine sentiment, but sadly government sector as standing at some $47.4 billion, the reality for the people in the electorate of but when you look at where that revenue comes from Thomastown of this government in action has been you see that total state taxation accounts for only dramatically and I think scandalously different from $15.4 billion, which is less than one-third of the total. what those comments would suggest — for the students Almost $8.9 billion comes in the form of and their families and for the principals, teachers and specific-purpose grants for activities undertaken by the staff of the schools in Thomastown, Lalor, Epping, state at the behest of the commonwealth with the Reservoir and Fawkner. intention of delivering policy outcomes sought by the commonwealth. As we know, many of the outcomes During his committee appearance the Minister for that the commonwealth wishes to achieve are consistent Education was asked about the proposed $481 million with local objectives; however, in a situation where cut to the education budget. After he sought to blame there is a difference of opinion on policy direction, others for his inability to convince his cabinet there is a potential for a risk — and I do not paint it as colleagues to value and invest in education, the minister any stronger than that — to the state’s revenue. The was forced to concede that there would be cuts to allocation of the GST is an issue in itself, and I think it front-line services. Although he denied it at the time, underlines starkly the difficulties that arise from the obviously this will also mean job losses in the state’s dependence on external revenue sources. That education sector as school budgets become tight. It is a applies to all states. As the report identifies, adjustments crying shame for school teachers, staff, students and to the manner in which the GST is allocated will result their families that this former teacher has been captured in a reduction in Victoria’s share of $4.1 billion over by the Liberal-Nationals coalition’s obsession with five years. driving efficiency gains. It is always in the most inappropriate places, because you cannot cut corners In an era when the commonwealth government has a when it comes to our kids’ education and of course view that jurisdictional and functional boundaries are their future. mere inconveniences and it enjoys rapid revenue growth to fund expansion, the very sovereignty of How have these cuts affected those living in the Australian states is at risk. I commend the committee electorate of Thomastown? On 11 May this year the report to the house. minister told the Public Accounts and Estimates Committee of this Parliament that this government Public Accounts and Estimates Committee: would ‘want to make sure that all young Victorians budget estimates 2011–12 (part 1) have the opportunity to fully participate in education’. Let us see how that is panning out in Thomastown. Ms HALFPENNY (Thomastown) — I rise to make First, more than 60 students at Peter Lalor Vocational a number of comments on the Public Accounts and College are currently studying in the VCAL (Victorian Estimates Committee report on the 2011–12 budget certificate of applied learning) program and the school estimates tabled in June, particularly in regard to the also assists between 80 and 90 students from other local education budget and how the implementation of the schools. This school stands to lose around $58 000, or government’s priorities has failed to provide adequate the equivalent of a teacher’s pay, because of this funding for students and schools in the electorate of government’s funding cuts. The William Ruthven

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Wednesday, 12 October 2011 ASSEMBLY 3613

Secondary College in Reservoir will lose around represent, has been steadily running at a 2 per cent $33 000 from its budget for VCAL, directly affecting growth rate. This population growth will need support, some 20 to 25 students. as will the population growth across Victoria need support. During his evidence to the committee the These cuts are very real. They will not generate minister concentrated on some of these aspects. Of the efficiencies but will stretch hardworking and dedicated funding, 60 per cent will be for strategic projects to teachers who were told during the election campaign incorporate such initiatives as the Energy for the that they were valued by this government. These cuts Regions program. Energy is something I will talk about will not make sure that all young Victorians have the a little later. There is also funding for local initiatives of opportunity to fully participate in education, as the 40 per cent, which is split between local government minister pledged. The students undertaking VCAL as infrastructure and the Putting Locals First program. an alternative to VCE are training their way into work, That truly helps local regions and communities make and the coordinators who work on the program and some of the decisions where they are best made — support them are absolutely vital to the program and the closest to where they are happening. The program will future of these kids. Labor created VCAL for the very help regional Victoria to grow and will support other purpose of building the capability of every Victorian, parts of Victoria. and its funding is critical to its success. We have had floods, as we all know, and part of the Let me turn to the school buildings in the Thomastown program will be on repairing flood-damaged areas, electorate. Labor commenced a program to rebuild which is a part of supporting regional Victoria and has schools to bring them all up to 21st century standards, been expensive. There will also be $122 million for but this government has changed that. For example, arterial roads. I am sure anyone who has travelled in look at the problem with the redevelopment of the country Victoria lately will have seen repairs taking Thomastown West Primary School. It took an intensive place and will have seen the places where repairs are campaign and a lot of kicking and screaming by that required. There will also be $20 million for the repair of local community to force the government to change its the regional rail network. The task of getting freight out position and to provide the funding to redevelop the of Mildura is a growing and important one, and there school to the full extent. The William Ruthven was damage to that line. There is still some work to be Secondary College has also been strung along in terms done on that line. of funding. It hoped it would have a new school to support the students in that area, but that has not I move to the projects the fund is supporting in Mildura. happened as a result of the government funding cuts in There is the riverfront development, which is part of education. In closing I say that this government needs our tourism push and will make Mildura livable for the to start looking at deeds and not words in terms of current population and continue to attract and support looking after our kids’ future. the population growth in the future. The Mildura airport is one of the gateways to Mildura and is an important The ACTING SPEAKER (Mr Languiller) — asset for our community. There is a proposal between Order! The member’s time has expired. the council, the state government and, hopefully, the federal government to fund the expansion of the airport. Public Accounts and Estimates Committee: With 200 000-plus passenger movements a year, the budget estimates 2011–12 (part 1) airport has outgrown its capacity, particularly in what it calls its busy hours. However, the federal government Mr CRISP (Mildura) — For the information of has yet to commit to its component, and I would members I will report on the Public Accounts and certainly encourage anyone, particularly on the other Estimates Committee report part 1 of June 2011 on the side of the house, who may have some influence in this 2011–12 budget estimates. My area of interest is the matter to drop this into a conversation at some time. regional and rural development portfolio and the Regional Growth Fund. As we know, for the Regional Energy is important, particularly to the development of Growth Fund there is an allocation of $500 million in jobs in country areas — and the cost of energy is this term of government and $500 million in the next something that business looks carefully at. Mildura is term, making it a $1 billion fund, to assist growth in lucky enough to be connected to a natural gas supply. regional areas. However, the gas line from the South Australian reserves and the Moomba facility has reached its Regional areas have a part to play in Victoria’s future capacity and there needs to be an investment in a gas growth. Victoria will need to grow, and with population compressor to increase the energy availability in growth it will grow. The electorate of Mildura, which I Mildura and support the growth of existing businesses,

STATEMENTS ON REPORTS

3614 ASSEMBLY Wednesday, 12 October 2011 which will provide the jobs to support the population recognised there needs to be the opportunity for a growth. The compressor will be along hopefully next person in this state to have that right recognised. year, because it appears the world is busy compressing gas. After the Universal Declaration of Human Rights other human rights instruments followed. The first was the Our health services also have to keep pace with International Covenant on Civil and Political Rights. population growth, and the Mildura Base Hospital is Those are the bases upon which our state Charter of scheduled for growth over the coming years to match Human Rights and Responsibilities is founded. The demand. We have outgrown our hospital, and I am ICCPR, signed off in 1966, outlines the rights and pleased the funds are available to help meet its needs. freedoms that are proper to humans. That was followed The fund supports regional Victoria and its role in by the International Covenant on Economic, Social and supporting Victoria’s growth. I commend the report to Cultural Rights, which outlines the measures required the house. to achieve these rights. SARC examined whether at this point the charter should include the components of the Scrutiny of Acts and Regulations Committee: ICESCR. However, we deliberated and decided that review of Charter of Human Rights and with a new government there was a danger that the Responsibilities Act 2006 charter could be ditched. We decided it was important that we embed the rights that are outlined in the charter Ms CAMPBELL (Pascoe Vale) — I rise to speak and that in the future other rights would be included. on the Scrutiny of Acts and Regulations Committee We decided that the 20 rights that are integral to this review of the Charter of Human Rights and charter should be the foundation upon which this new Responsibilities Act 2006, which was tabled in this government moves forward in relation to human rights. house in September. The charter report is quite comprehensive; it contains a minority and a majority The Universal Declaration of Human Rights, upon view. In the last sitting week I signalled to the house which the ICCPR and our Victorian Charter of Human that I am one of those whose view is firmly around the Rights and Responsibilities are based, was adopted as a importance of having the opportunity to have not only common standard of achievement that all societies can legislation supporting human rights but also a aim for. The General Assembly resolutions have mechanism by which the charter provisions concerning unanimously proclaimed the duty of member nations to the denial of human rights can be enforceable in law. I fully and faithfully observe its provisions. Victoria state this because it is not good enough to just have a proudly brought in this charter in 2006. I believe it is review of the charter and come up with important that we continue to recognise the duty we recommendations that highlight the importance of the have as members of Parliament and that Australia has inalienable rights we have as human beings; it is as a member nation of the United Nations, and that we important that in a society in the 21st century where fully and faithfully observe the provisions of the those rights have been denied there is recourse to have declaration and the ICCPR found in our charter. them redressed. Public Accounts and Estimates Committee: To go back a little, the United Nations Universal budget estimates 2011–12 (part 2) Declaration of Human Rights was conceived in response to the wholesale denial of human rights during Mr SOUTHWICK (Caulfield) — I rise to speak on World War II. In the declaration human beings are part 2 of the Public Accounts and Estimates Committee recognised as having rights both as individuals and as report on the 2011–12 budget estimates. The Public social beings in the family and community. The charter Accounts and Estimates Committee does very recognises that. Rights are inherent and therefore important work. It carries out investigations into independent of recognition by state regimes. In order parliamentary matters associated with the financial for people in a modern society to have those rights management of the state. Its functions under the act recognised and then delivered, a regime that has rights include reporting to Parliament on public recognition plus enforcement provisions is of great administration and finances within the public sector. assistance. To be realised, those rights need to have not This is particularly important because this was the only community support but also societal support coalition’s first budget and matters associated with through legal redress. The individual and society we financial management of the state are absolutely recognise in this house are very much interdependent, imperative to ensuring that we can deliver the programs but they are built on the foundation of the dignity of we have set out in our budget. every single human, and where that dignity is not

VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3615

Members have heard on numerous occasions of In health there are 181 measures, but only 6 of those are significant cost blow-outs by the previous government outcome based, making a total of 3.3 per cent of and of a lot of waste and mismanagement over its measures that are outcome based. In transport, of 11 years in office. I refer to the desalination plant, 185 measures only 8 were outcome based, or 4.3 per which is costing Victorians over $2 million every single cent. day. I also draw members’ your attention to the economic vandalism whereby Victoria stands to lose I look forward to seeing more of this committee’s work. $4.1 billion in GST revenue because of Labor. There is It is a very important committee, and it continues to do also the failed gambling licensing option, which was some great work. If we are going to have transparency the biggest failure of the previous government and and if we are going to have proper outcomes in the robbed us of $3 million. future direction of this government, we need to ensure that those outcomes are measured. I commend the work Mr Nardella interjected. of the committee.

The SPEAKER — Order! Statements on committee reports have been heard in silence, and that practice will VICTORIAN COMMISSION FOR continue. I would appreciate it if the member for GAMBLING AND LIQUOR REGULATION Melton would cooperate with the house. BILL 2011

Mr SOUTHWICK — The cost blow-outs Second reading experienced under the previous government make the committee’s work even more vital. I would like to draw Debate resumed from 11 October; motion of the attention of the house to chapter 2 of the report, Mr O’BRIEN (Minister for Gaming). which refers specifically to performance measures. Performance measures ensure that there is a proper tool Ms D’AMBROSIO (Mill Park) — I am happy to of accountability so that programs, policies and a future pick up from where I left off last night before the direction can be delivered in a manner that does not adjournment debate. I remind members that I had achieve the same sorts of cost blow-outs that the commenced making comments on the government’s previous government incurred. These outcomes are election policies on gaming and liquor licensing. The imperative. point I had begun to make was that the removal of oversight by VCAT (Victorian Civil and I note from the report that only 9 per cent of the Administrative Tribunal) of liquor licensing appears to 2011–12 budget performance measures could be be in contradiction to the government’s election classified as outcome based. The Auditor-General said statements. I had hoped the government would clarify that there is a considerable gap between Victoria and exactly what its position is in this respect. other jurisdictions when it comes to these sorts of measures. With regard to the Victorian experience of To that end, and to assist in that process, I seek leave to measuring reporting against performance, the table two documents which are extracts of the committee notes the Auditor-General’s findings in his government’s election policies on gaming and liquor May 2010 report that only 30 per cent of the licensing regulatory regimes. 322 departmental performance indicators reviewed across the 10 departments were both relevant and The ACTING SPEAKER (Mr Languiller) — appropriate. Order! I am advised that this is not the time for tabling documents. The committee notes, particularly when looking at the performance measures of the 2011–12 budget, that in Ms D’AMBROSIO — This would assist with the the 9 per cent of budget performance measures that we debate. I am not aware that that is prohibited. are referring to there are significant shortfalls that this Leave refused. government needs to address. Areas such as health and transport represent big budget expenditures by any The ACTING SPEAKER (Mr Languiller) — government, and they are areas in which there is Order! Is the member seeking leave to incorporate the massive infrastructure. One would hope that there documents? would be significant performance outcomes to measure that form of infrastructure. Some of the areas that the Ms D’AMBROSIO — Yes. Can I clarify that, committee particularly noted relate to the lowest Acting Speaker? proportions of outcome measures of these departments.

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3616 ASSEMBLY Wednesday, 12 October 2011

The ACTING SPEAKER (Mr Languiller) — I remind the house of the existing regulatory framework Yes. regarding liquor licensing, which provides important oversight functions to VCAT. Transparency and Ms D’AMBROSIO — The issue is whether I said I independence are fundamental features of the existing wanted to table the documents or incorporate them. I system. For example, an applicant or an objector to a may have inadvertently used the term ‘table’, but I seek liquor licence can appeal a decision of the director of to incorporate the documents and use the term liquor licensing at VCAT. Such decisions include those ‘incorporate’. in relation to granting a variation, the transfer or relocation of a licence or BYO permit, or the Leave refused. imposition of a condition on the granting variation, Ms D’AMBROSIO — That does not come as a transfer or relocation. surprise. Last night the minister became very excited The appeal must be lodged within 28 days of the when this point was raised. I will quote from one of the director’s decision or the director’s response to a election policy documents to highlight the point: request for a statement of reasons for their decision — Such a body will also be accountable for exercising whichever is the later. In terms of an application for a administrative powers via oversight by VCAT. review of a late-hour entry declaration, the director, the Chief Commissioner of Police, a licensing inspector or That is important, because the government said that the a local council may apply to VCAT for an inquiry to body’s powers would be overseen by VCAT. Further I take place regarding a licensee or permittee if they note there is no forewarning whatsoever in the election believe the act has been contravened or there has been a policies of the government’s intention to remove conviction or offence. Following an inquiry, VCAT VCAT from the liquor licensing regulatory regime. The may cancel, suspend, vary or endorse a licence or policy is quite clear in saying that oversight by VCAT permit or impose a fine not exceeding $30 000. The would apply to the new body and not simply to the director can also apply to VCAT to have a licence gaming regulatory regime. That is not what we have in suspended or cancelled on amenity grounds or if the the bill before the house. licence has not been used for 12 months. As I touched on earlier, several councils have raised concerns with I would perhaps entertain the real possibility that the me, particularly about the government’s intended minister got the drafting wrong for the government’s internal review mechanisms. election policy or that perhaps it used some clumsy language, but whichever way you look at it the policy I want to articulate the concerns raised by the Law is, potentially inadvertently, misleading. The fact Institute of Victoria in a letter to the director of liquor remains that the VCAT review of liquor licensing licensing that the LIV sent subsequent to a briefing it matters will be removed by this bill. I ask the minister received on 3 August this year. Several issues were to explain when summing up this debate why he raised by the Law Institute of Victoria. One particular believes it is desirable and appropriate for this to be the point the institute raised was: case and why the framework of the internal merits review that is contained in the bill is an appropriate The LIV’s strong view is that appeals to the Victorian Civil alternative to the current reviewing powers of VCAT. and Administrative Tribunal is the preferred course.

We on this side of the house remain concerned about That is the conclusion of that remark. Again it would be the removal and about how the internal review salutary and in the public interest for the minister to mechanism for the new commission will safeguard comment on this aspect. I note that, importantly, the rights and entitlements. This new merged body will not Australian Hotels Association is generally supportive of have a single, harmonised review process. It is a real this bill. curiosity and a concern why the government chose to I turn now to another election commitment of this have two different review processes that apply to what government which arises from this bill, and that is that the government calls a harmonised, merged body. Why savings from the merging of the liquor licensing and will gaming matters continue to be subject to VCAT gaming bodies will remain with the new commission to oversight yet liquor licensing will not? That is a real be directed to ‘increase education and enforcement issue within the community. I think it is important that activities’. I ask the minister to describe the savings he we note that a number of organisations in the expects will be achieved from the merging of these two community share some concerns. entities and look forward to his confirmation that those savings will remain with the new commission. I note with some concern that it was indicated in the briefing

QUESTIONS WITHOUT NOTICE

Wednesday, 12 October 2011 ASSEMBLY 3617 we received from the department that savings would be clarify the issues that the opposition has raised in debate minimal. Nonetheless, it is important for the public to here today. I say again that Labor does not oppose the know exactly what savings will be made, given that it bill. I look forward to the minister’s summing up. With was a feature of the government’s election these remarks I conclude my contribution to the debate. commitment. Sitting suspended 1.00 p.m. until 2.03 p.m. I wish to place on the record the many achievements of the former Labor government in respect of gaming and Business interrupted pursuant to standing orders. liquor reform. We undertook several significant reforms of the gambling industry, many of which will commence in 2012. We have yet to see those reforms in QUESTIONS WITHOUT NOTICE their entirety come to fruition. Gaming venues will Ministerr fo Health: legal expenses have 10-year gaming machine entitlements rather than Tattersall’s or Tabcorp having those entitlements, Mr ANDREWS (Leader of the Opposition) — My which means that venues will own, operate and question is directed to the Premier. I refer the Premier maintain their own electronic gaming machines. Other to the Minister for Health’s declaration in the register of matters include that monitoring of gaming machines members interests: operating at approved gaming venues will be undertaken by a single independent licensee for a As a parliamentary member of the Liberal Party, I received period of 15 years and so forth. campaign assistance, political and legal support from the Victorian division of the Liberal Party of Australia, its In terms of tackling problem gambling, and I have said members and supporters. this in another debate this week, it is important and I ask the Premier why his health minister has not salutary when members of Parliament speak on bills to declared financial support, the amount and its source. do with gaming that they reflect on the issue of problem gambling. It does exist in the community and is a Mr BAILLIEU (Premier) — I thank the Leader of matter on which Labor’s achievements are robust. A the Opposition for his question. I understand that this number of nation-leading responses to problem question was addressed to the health minister himself gambling were initiated in Victoria — strategies such this morning and that he indicated he had fully as reducing the maximum bet limits from $10 to $5 for complied with the register of interests act. all gaming machines from January 2010; increasing the penalties for allowing minors to gamble; mandating Premier: China visit responsible gambling codes of conduct for gaming venues, requiring venue operators to have a Mr BATTIN (Gembrook) — My question is to the self-exclusion program approved by the Victorian Premier. Can the Premier advise the house of the results Commission for Gambling Regulation; giving local of his visit to China, one of Victoria’s most important councils more planning powers in relation to the trading partners, and any positive outcomes which will placement of gaming machines; and robust rather than contribute to our strong relationship? light-touch media and community education campaigns Mr BAILLIEU (Premier) — As members will highlighting the risks associated with problem know, China is now our most important trading partner gambling. in terms of its being our largest trading partner. That The successes continue. Victoria is the only mainland growth in trade with China has taken place over a state to have made a commitment to ban ATMs in number of years, and I acknowledge that previous gaming venues from 2012. Police powers have been governments, as has this government, recognised the improved, as have licensing conditions, with new importance of the relationship with China. Indeed the risk-based licensing structures and the freeze on new previous government acknowledged it, and the previous late-night liquor licensing in the cities of Melbourne, Premier did likewise. Stonnington, Port Phillip and Yarra extended until the We certainly recognise the importance of the end of 2011. There are many aspects to the reforms relationship with China, and in recent weeks I have had introduced by Labor over recent years — too many to the opportunity to make my first overseas visit as highlight. Premier. We think it was symbolic that that visit should I conclude by simply saying that I hope the minister have been to China, and in that regard we got that right. will sum up the bill before the end of this week and use We set out on that visit to do a number of things: firstly, that opportunity to address some of the concerns and to renew and refresh the relationship with China;

QUESTIONS WITHOUT NOTICE

3618 ASSEMBLY Wednesday, 12 October 2011 secondly, to send a strong message to the Chinese of that plant was announced last year, but the contracts community that we in Victoria are keen to continue to have only recently been signed. do business; and, thirdly, to identify opportunities to do further business. Minister for Health: legal expenses

This was the third time I had travelled to China, and I Mr ANDREWS (Leader of the Opposition) — My noticed that in the seven years since I first visited there question is again to the Premier, and I ask: given that has been extraordinary change, as anybody would who the Minister for Health has failed to declare who paid has visited China. The relationship between Victoria his legal expenses, what steps will the Premier and China, and in particular between Victoria and take — — Jiangsu Province, has been more than 30 years in the making. It is a relationship established by former Dr Napthine interjected. Liberal Premier Dick Hamer 32 years ago. In that The SPEAKER — Order! The Minister for Ports! context the growth that we have seen in China has been quite extraordinary, and it will continue to be Mr ANDREWS — I will start again. Given that the extraordinary. Minister for Health has failed to declare who paid his legal expenses, what steps will the Premier take to In visits to Shanghai, Changzhou, Wujin, Nanjing, ensure that there is no actual or perceived conflict of Beijing and Hong Kong — — interest in any of the minister’s decision making? Mr Hulls — Spell them! Mr BAILLIEU (Premier) — The Minister for Mr BAILLIEU — Easy! — we were able to Health has made a declaration, and I am advised that he advance significantly in identifying opportunities in the has complied with the Members of Parliament (Register agricultural sector, in the tourism sector and in food and of Interests) Act 1978. beverages, manufacturing, professional services, Bushfires: preparedness education, the arts and others. In Shanghai we were pleased to promote the Melbourne Spring Racing Mr McCURDY (Murray Valley) — My question is Carnival. We were again pleased to make a to the Deputy Premier and Minister for Bushfire presentation to the Australian Chamber of Commerce Response. I refer the minister to the approaching fire in Shanghai and likewise in Beijing. We were also season, and I ask: what action is being taken by the pleased to join China South Rail in announcing that it government to prepare the state for the forthcoming will be locating headquarters in Melbourne. bushfire season?

Also in Changzhou we were pleased, with a further Mr RYAN (Minister for Bushfire Response) — I visit to Wujin, to reinforce the role of Australian thank the member for his question and for the great professional consulting firms in China, in particular work he does in his community not only in terms of this Studio 505, and to open up opportunities for working issue but matters generally. It is a very timely question, with the Melbourne International Flower and Garden because all of us who live, work or plan to holiday in Show, working directly with Wujin, which has a flower areas of bushfire risk across the state need to be aware focus itself. of potential fire risks, to think about how to prepare our properties for the impending season and to know what In Nanjing we re-signed a memorandum of we will do in the event of an emergency. understanding between Victoria and Jiangsu, and we renewed that relationship. Working with Australian The current outlook for the summer months is for a Urban Systems we were able to support additional drier season with a significant risk of high-intensity, work for consulting firms there. We were able to fast-moving grassfires. Victoria has experienced good announce the Hamer scholarships there for 50 Victorian rainfall over the past 12 months, which has resulted in students to travel to China to learn Mandarin. Likewise considerable vegetation growth. As we all know, it in Beijing we were able to work with the Industrial and takes only a short time, a few weeks of hot, dry and Commercial Bank of China and EMR Australia on a windy weather, to create dangerous fire conditions. $500 million fund that they will be managing from Safety is the no. 1 priority that the government has in Victoria and to visit precinct 798 in China, which is mind for the citizens of this great state. At this early now an arts centre. I particularly want to remark on the stage of proceedings I say that the best defence in the $2 billion, 15-year contract commitment between threat of fire is to leave early — it is to leave early Qenos, BHP Billiton and Exxon Mobil. The expansion when there is the imminent threat of fire.

QUESTIONS WITHOUT NOTICE

Wednesday, 12 October 2011 ASSEMBLY 3619

The government is undertaking a number of activities state of Victoria and to support those great volunteers to prepare the state of Victoria for the fire season. Fire who help to keep Victorians safe. Action Week will run from 13 to 20 November to provide practical tips and advice on preparing for fire. Minister for Health: legal expenses Of course we have taken advice from the agencies who are responsible for these matters and, as those opposite Mr ANDREWS (Leader of the Opposition) — My should know, it is on the basis of acting on that advice question is again to the Premier, and I ask: how can any that this week is fixed in time in terms of its actual Victorian have confidence in the decision making and conduct. As we know, the season has been wet and the the appointments made by the Minister for Health if he advice from the agencies has been that in that context refuses to declare to the Parliament and to the people of we should allow the football season to finish, allow the this state who pays his legal bills? cup to be run and won and then, in the week after, to Mr BAILLIEU (Premier) — I can only say what I run Fire Action Week, and that is what we intend to do. said before: this question was addressed to the minister We are doing that because, as we all know, apathy is in the other place earlier today, and the minister one of the greatest threats Victorians face in face of the indicated that he had — — likelihood of fire. The reality is that the threat of fire is ever present, and everybody needs to understand that Mr Andrews — On a point of order, Speaker, I such is the case. have asked a series of questions that point to the fact that the Minister for Health — — In addition to Fire Action Week we are taking a number of other steps. A multi-agency incident management The SPEAKER — Order! I am sorry, what is the surge capacity team is being developed, which will member’s point of order? enable an all-hazards, all-agency response if an emergency occurs. The Country Fire Authority has Mr Andrews — The Minister for Health has not developed 140 township protection plans for towns declared who pays his bills. He has not declared who across the state, and there are now 195 neighbourhood paid his bills, and these answers are not relevant to the safer places across Victoria. During Fire Action Week questions that have been asked. we are going to conduct two community fire drills; one will be in Noojee in Gippsland on l5 November, and The SPEAKER — Order! There is no point of the other will be at Lavers Hill in the Otway Ranges on order. l8 November. Mr BAILLIEU — Again, Mr Speaker — — The intention is to engage communities with all the agencies responsible for the threat of fire and for Mr Andrews interjected. dealing with it to make sure we have the best The SPEAKER — Order! The Leader of the mechanism for those communities to be able to combat Opposition has asked his question consistently. that threat. This will involve the fire services commissioner, Craig Lapsley, who is doing great work Mr BAILLIEU — The minister has indicated that in this whole area, Victoria Police, the fire services and he has made a declaration in accordance with the the Office of the Emergency Services Commissioner — Members of Parliament (Register of Interests) Act Michael Hallowes has settled well into his new role — 1978. as well as government departments and relevant councils, which is very important. It is important that Mr Hulls — On a point of order, Speaker, I will not local government be involved, but most important are repeat the question, but the question was succinct, and I the respective communities. In addition the program ask you to ask the Premier to address the question, aims to help communities understand the bushfire which is about who paid the cash to the minister. That safety policy framework. is what this is about, and we in Victoria — —

A number of community fire drills will be conducted The SPEAKER — Order! The answer was relevant throughout the state to better prepare people. The spring to the question that was asked. burning has commenced, and already 10 000 hectares has been burnt. The summer fire information campaign Dr Napthine — On a point of order, Speaker, I seek and community education will be undertaken soon, but your advice with respect to the question. It seems to me most importantly we will continue to support the that the question was seeking an opinion, and on that 1219 Country Fire Authority brigades right across the basis I ask that it be ruled out of order.

QUESTIONS WITHOUT NOTICE

3620 ASSEMBLY Wednesday, 12 October 2011

The SPEAKER — Order! I do not uphold either nation. He said in his industry update that was released point of order. The Premier has concluded his answer. yesterday: Australian Building Construction Commission: Unlawful industrial action persists as an area of concern for the industry and remains a significant part of our day-to-day future regulatory work.

Ms WREFORD (Mordialloc) — My question is to During the past … year, a staggering $2.5 million in civil the Minister for Finance. Is the minister aware of any penalties were imposed on the Victorian branch of the proposals by the federal government to weaken CFMEU. Major proceedings such as the Melbourne Markets relocation program and the ‘Blue Glue’ disputes at the new appropriate industrial relations oversight in the building Royal Children’s Hospital in Melbourne contributed to the and construction industry? total, showing how expensive it becomes to repeatedly and deliberately contravene commonwealth workplace laws. Mr CLARK (Minister for Finance) — I thank the honourable member for Mordialloc for her question on Mr Johns also confirmed in a recent speech: this very important issue. The government is aware of The most recent ABS industrial disputations data show a media reports that the Prime Minister, Ms Gillard, told significant spike in ‘days lost’ to industrial action. In the June the federal Labor caucus at its meeting yesterday that 2011 quarter there were 44.7 days lost per 1000 employees in the commonwealth government was intending to press the sector. This was driven by high disputation levels on on with legislation that would abolish the Australian Queensland government-funded jobs and at Victoria’s Building Construction Commission. This is a source of desalination plant. considerable concern to the Victorian government Disputation levels this high are unacceptable. Every because the ABCC has served the nation, and in productive work day lost to industrial disputes is one day too particular the Victorian building and construction many. industry, very well in tackling the serious problems of The proposed abolition of the ABCC is causing union militancy that have previously caused such concern to many industry bodies across the nation and serious difficulties to that industry. particularly in Victoria. The National Electrical and The Howard government established the ABCC Communications Association put out a media release following the Cole royal commission report in 2003. today calling on the Australian government to review Since its establishment in 2005 the commission has its decision to abolish the ABCC and talking about the been highly successful in tackling illegal and improper threats of lawlessness in the building and construction conduct on building sites across the nation, ensuring industry. In Victoria the chief executive of the Master that the law is upheld and therefore ensuring that Builders Association of Victoria, Mr Brian Welch, projects are able to be delivered in a timely and warned against changes to the ABCC and said the productive manner. That has had significant benefits for MBAV was most anxious about what federal Labor the productivity of the construction industry and has led intended to do. All of this reinforces the importance of to a significant reduction in days lost through industrial the guidelines the Victorian government has recently action. issued to uphold and ensure productive and constructive workplaces here in Victoria. Now that the commonwealth government is confirming that it intends to press on with this legislation, the good Members for Mordialloc and Carrum: register results that the ABCC has delivered to date are being of interests put at risk, and we are risking a return to union thuggery, coercion and disputation. That is something Ms HENNESSY (Altona) — My question is to the that is bad for both employers and employees alike who Premier. I refer the Premier to his previous answers, work in the building and construction industry. It is also and I ask: given that the Premier deems the Minister for bad for the Victorian economy and Victorian taxpayers, Health’s declarations to be consistent with his who have to pick up the tab for blow-outs in Victorian obligations under the relevant legislation, can the public sector project construction costs. Premier explain to the house why the members for Mordialloc and Carrum failed to declare their support It is not just the Victorian government that is warning from Business First? of the consequences of an abolition of the ABCC. The current ABCC commissioner, Mr Leigh Johns, has Mr BAILLIEU (Premier) — As the member would warned about the continued importance of having a know, members of this house have a responsibility to strong body to industrial disputation across the comply with the Members of Parliament (Register of Interests) Act 1978 and to make the declarations which they deem to be appropriate in accordance with the act.

QUESTIONS WITHOUT NOTICE

Wednesday, 12 October 2011 ASSEMBLY 3621

The question from the member for Altona is again QUESTIONS WITHOUT NOTICE based on assumptions and assertions. I repeat that it is the responsibility of members to — — Membersr fo Mordialloc and Carrum: register of interests Mr Hulls — On a point of order, Speaker, the question relates to the Premier’s responsibilities as he is Questions resumed. responsible for this act, and it relates to whether or not dirty donations have been made to members of this Mr BAILLIEU (Premier) — What we have just government and they have not — — seen from the Deputy Leader of the Opposition is a demonstration that he is more interested in smear than Honourable members interjecting. anything else. Again I say it is the responsibility of members to comply with the act. The SPEAKER — Order! The answer being given was relevant to the question that was asked. VICSWIM: Summer Kidz program

Mr BAILLIEU — It is the responsibility of Mr HODGETT (Kilsyth) — My question is to the members to comply with the act, and I think we have Minister for Sport and Recreation. Can the minister just seen the Deputy Leader of the Opposition — — inform the house how the coalition government is delivering on its election commitment to provide more Honourable members interjecting. children with the opportunity to learn to swim?

Debate interrupted. Mr DELAHUNTY (Minister for Sport and Recreation) — I thank the member for Kilsyth for his SUSPENSION OF MEMBER question and for his passion for sport, families and children. I am pleased to inform the house that the Member for Williamstown coalition government has delivered on another election commitment to make VICSWIM’s learn-to-swim The SPEAKER — Order! The member for program more affordable for Victorian children and Williamstown is a consistent interjector. Under families across Victoria. standing order 124 I ask him to vacate the chamber for 30 minutes. Last week I was pleased to launch VICSWIM’s Summer Kidz program, which will offer subsidised Honourable member for Williamstown withdrew swimming lessons for Victorian children, bringing the from chamber. total cost per participant to approximately $5 per swimming class over this summer. This is less than half Ms Allan — On a point of order, Speaker, you the previous regular cost. Applications for the previously indicated to the house that you would VICSWIM program are now open, and children can provide members with three warnings before they enrol in VICSWIM classes across 11 metropolitan, would be asked to vacate the chamber. I ask that that 60 regional and 7 open-water venues across Victoria. practice be applied in a consistent way, given that we have seen constant interjections from those opposite. The coalition government aims to have more than Apparently we are not allowed equally to have our say 50 per cent of VICSWIM participants from targeted in this chamber groups, including children from multicultural and indigenous communities and children from regional The SPEAKER — Order! I have made that and rural Victoria. For example, in the member for decision on the basis that the member for Williamstown Polwarth’s electorate four swimming pools will offer is a constant interjector. I have made my decision, and I the VICSWIM program this summer. The member for will not be questioned on the decisions I make. Mildura’s electorate has many multicultural and indigenous communities, and five swimming pools will offer the VICSWIM program there. In the member for Swan Hill’s electorate six swimming pools will offer this important VICSWIM program.

I have been advised that under the Labor government in the 10 years from 2000 to 2010 enrolments in the VICSWIM program — an important program that teaches children vital safety and water survival skills —

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3622 ASSEMBLY Wednesday, 12 October 2011 dropped by a whopping 75 per cent. The previous The SPEAKER — Order! I do not uphold the point government neglected the VICSWIM program, and the of order, but I ask the minister to come back and decision not to fund the program resulted in it being conclude his answer. cancelled last summer. I emphasise that kids right across Victoria did not get this opportunity because the Mr DELAHUNTY — The lack of funding was like Labor government did not fund the program, and it was a hole in the hull of the ship — the VICSWIM cancelled last year. program!

I had a look at the former Labor government’s 2000 The SPEAKER — Order! The minister has election policy — — concluded his answer.

Ms Allan — On a point of order, Speaker, the Honourable members interjecting. minister is clearly debating the question and using the question to attack the opposition. I would have thought The SPEAKER — Order! I will not have an a program teaching children to swim was a more outburst like that from the member for Kilsyth again. serious a matter than one that would be used as mere Minister for Police and Emergency Services: political tool to beat the opposition with. former adviser Dr Napthine — On the point of order, Speaker, the Mr ANDREWS (Leader of the Opposition) — My minister was being relevant to the question. He question is to the Premier. Can the Premier confirm that certainly was not debating the question or engaging in addition to being on full pay while on leave — that directly with the opposition. He was contrasting the is, fully paid annual leave — former ministerial adviser previous government’s appalling track record with Tristan Weston is also having his legal expenses paid respect to VICSWIM programs and not adequately by the Victorian taxpayer? funding learn-to-swim programs for vulnerable children, particularly in regional and rural Victoria, Mr BAILLIEU (Premier) — I have addressed the with the coalition government’s record of funding these matter of Mr Weston’s employment arrangements programs properly and making sure that children in previously. Mr Weston’s current leave arrangements country Victoria have the chance to learn to swim. He are consistent with his employment arrangements. I do was being entirely relevant. not intend to canvass the details of those arrangements, given that they have been raised in the context of an The SPEAKER — Order! I do not uphold the point Office of Police Integrity (OPI) investigation. of order of the member for Bendigo East. I ask the minister to come back and conclude his answer. Mr Andrews — On a point of order, Speaker, the question related to matters that the Premier has not Ms Asher interjected. canvassed previously. It was not about his employment Mr Hulls — It is good to see the member for arrangements; we know the Premier refuses to answer Brighton awake! On a point of order, Speaker, in questions about those arrangements. This is about relation to the answer being given by the minister, he whether his legal expenses are being paid. I do not cited the Labor Party’s 2000 election policy; I would believe the Premier has at any time in the past, certainly like him to table it. not in this chamber, addressed those matters. It is simply wrong to say that the Premier can avoid The SPEAKER — Order! That is not a point of answering the question today because he has avoided order. answering it on another day; he has not. Who is paying his legal bills? Mr DELAHUNTY — I was referring to the Labor Party’s 2010 election policy. It failed to commit any The SPEAKER — Order! The answer was relevant money to the VICSWIM program. to the question asked.

Ms Allan — On a point of order, Speaker, clearly Mr BAILLIEU — The employment conditions of the 2010 policy documents are not government staff are not dissimilar to the employment conditions of business under the responsibility of the Minister for the staff who were employed by the previous Sport and Recreation. The minister is drowning in this government — — answer. Please put him out of his misery and make sure that he comes back to quickly answering the question? Mr Andrews interjected.

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The SPEAKER — Order! The Leader of the questionable and wrong. The tax summit proceeded Opposition has asked his question. because of a deal between one of the Independents, Rob Oakeshott, and Julia Gillard, now the Prime Minister, in Mr Madden interjected. order for Labor to form government. That is the reason it took place. There was no agenda, no blueprint for The SPEAKER — Order! The member for reform and no specific proposals whatsoever — and Essendon will be out the door in a moment, too. items were off the agenda; can you believe it?

Mr BAILLIEU — And I do not intend to canvass We were having a national tax summit, but before we the details of those matters. got to the summit two of the main points we wanted to Mr Hulls — On a point of order, Speaker, the discuss, GST redistribution and the carbon tax, were question that was asked — I do not know whether the removed from any proposed agenda. For Victoria, for Premier actually heard it — was in two parts. It was in example, which has been hit with 35 000 fewer jobs, relation to not just employment arrangements but $6 billion less in investment and $1000 per capita less whether or not those employment arrangements under in gross state product, having those items removed was the Baillieu government entitle Mr Weston access to a a ridiculous way to start. Queen’s Counsel. Is that part of his employment At the forum the business group was calling for less arrangements? Who is paying his legal bills? taxes, and the community groups were calling for an The SPEAKER — Order! The answer that was increase in taxes. The Baillieu government has already being given by the Premier was relevant to the question started the process, with cuts to stamp duty for first that was asked. home buyers, pensioners and young farmers. In addition, we are already implementing the change to the Mr BAILLIEU — These arrangements are largely fire services levy. A number of people wanted stamp consistent with the arrangements that were applied duty to be abolished. We argued the case that while we under the previous government, and I do not intend to acknowledge that stamp duty is an inefficient tax, we canvass the details. have to ask what would replace it. If we were to reduce stamp duty, it would cost the budget about $5.4 billion Mr Andrews — On a point of order, Speaker, I put a year, and if there were nothing from the it to you that the question did not relate to former staff, commonwealth to replace it, then it is unlikely that we nor did it invite a comparison with former arrangements would be able to go down that path. with other staff. The question was about who is paying Tristan Weston’s legal bills. If the Premier will not While the federal government was keen to get rid of answer the question, he should sit down. stamp duty, it was not prepared to talk about replacement revenue. One of the proposals put forward The SPEAKER — Order! I suggest that the Leader by the Henry review was to increase land tax of the Opposition read the question he asked and significantly. In order for us to be able to replace stamp understand that the answer was relevant to the question duty revenue with land tax revenue we would have to that was asked. increase it fourfold. This government will not go down that path. We will not put land tax on the principal Mr BAILLIEU — Again I say I do not intend to place of residence, nor will we put it on farms. canvass the details of these matters, given that they have been raised in the context of an OPI investigation. We support common sense in the move towards the harmonisation of tax laws among the states, but we Taxation: national forum believe there should also be strong competition among the states. That is why it should be left to the states to Mr GIDLEY (Mount Waverley) — My question is determine the rates and thresholds. We are prepared to to the Treasurer. Can the Treasurer advise the house of negotiate for meaningful changes, and we will any tangible outcomes arising from the national implement the promises that we made as part of the taxation forum, which he attended in Canberra last election commitments we gave in 2010 to ensure that week? Victoria’s economy remains very strong.

Mr WELLS (Treasurer) — I thank the honourable The SPEAKER — Order! The time for questions member for his question. The national tax forum was has concluded. held in Canberra last Tuesday. We warned that this tax forum was going to be a first-class talkfest. The reason we said that is that the motive behind this summit was

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Mr Andrews — On a point of order, Speaker, I seek Gambling Regulation (VCGR) upon establishment of your guidance. I do not require a response now; you the commission. may want to take it under consideration and report back either in your rooms or to all honourable members. Through the establishment of the Victorian With the greatest of respect, I put it to you that the Commission for Gambling and Liquor Regulation opposition has been operating on the basis that (VCGLR) we will see an integrated regulator for members will be provided with a warning if the gambling and liquor in Victoria. The commission will sanction is to be ejection from the chamber for, say, be an independent statutory authority, and it will 30 minutes or an hour. Obviously if you were to name perform a number of different roles and responsibilities. someone, that would be a different level of offence and Those will include looking after licensing activities, a member may not necessarily be warned for that sort detecting breaches under the relevant liquor and gaming of conduct. legislation, the promotion of compliance and informing and educating industry and the public on regulatory I do not for a moment question your ability under the practices and requirements. standing orders to eject a member without a warning. You are entitled to do that, and that is the will of this There are compliance matters that venues need to house. However, if there has been a change in your adhere to. My understanding is that there are about position or if we have perhaps misunderstood your 520 gaming venues across the state that also have a position from the outset, I think we would all benefit liquor licence, so there are strong synergies to making from a restatement of your intentions. That way, we sure that we link gaming and liquor. The roles of will know what the rules are and hopefully can abide by gaming and liquor licensing inspectors at the moment them. mean that to some degree they operate in silos. They cannot perform dual roles. The roles of the inspectors The SPEAKER — Order! I said earlier in the piece, themselves are articulated in part 4 of the bill, in when we first started sitting as this Parliament, that I clauses 40 to 44. would give members two warnings before I put them out. I intend to continue to do that. The member for I will provide examples of what occurs at the moment. Williamstown is a constant interjector. He and I often If a gaming inspector who is visiting a gaming venue make eye contact, and he settles down. Today he was witnesses an under-age person being served alcohol or not prepared to do that. He receives his warnings in a a venue operating outside of its liquor licensing way that he and I appear to be able to handle. He will arrangements, under the current regime that gaming understand why he went out. inspector has no powers to take action against the holder of that liquor licence.

VICTORIAN COMMISSION FOR The consolidation of the functions makes sense. In the GAMBLING AND LIQUOR REGULATION second-reading speech the minister referred to another BILL 2011 example, which is that if, on the other hand, a liquor licensing inspector attended a venue and observed a Second reading gaming attendant illegally paying out winnings of more than $1000 in cash rather than by cheque, as required Debate resumed. by the legislation, the liquor licensing inspector can take no action. As I have said, it is important that we Mr NORTHE (Morwell) — It gives me great combine the two functions. That certainly makes sense pleasure to rise this afternoon to speak about another from a number of perspectives. coalition election policy commitment being delivered. The bill before us is the Victorian Commission for With respect to the establishment of the VCGLR, it is Gambling and Liquor Regulation Bill 2011. This bill important to note that not only will the bill create the seeks to establish the Victorian Commission for VCGLR but it will also provide for a chair of the Gambling and Liquor Regulation, which I will refer to commission and as many other commissioners, as the commission. It makes amendments to the Liquor including deputy commissioners, as are required for the Control Reform Act 1998 and the Gambling Regulation proper functioning of the commission, as determined by Act 2003 and consequential amendments to other acts the minister. It also prescribes the functions of the to provide for the establishment of the commission. The commission, including exercising the powers and duties bill also provides for the abolition of the director of previously conferred on the director of liquor licensing liquor licensing and the Victorian Commission for in the Liquor Control Reform Act 1998 and, with respect to gambling regulation, those conferred on the

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VCGR. The bill will also empower the commission to I think the member for Mill Park is confused with undertake investigations and inquiries in relation to the respect to that, because that particular liquor licensing functions, powers or duties under the Liquor Control policy does not refer to VCAT having oversight. That is Reform Act 1998 and the Gambling Regulation Act in contrast to our gaming policy, which clearly 2003. articulates that gaming will have that VCAT oversight. I hope that clarification appeases the member to some The commission will also perform an education degree. function that is complementary to the Victorian Responsible Gambling Foundation. That is also There are also amendments to the Gambling Regulation articulated in the second-reading speech. Obviously the Act 2003. As I said, there is a repeal of provisions government will have more to say in the near future relating to the VCGR and the office of executive about the establishment of the foundation, but the commissioner, and we will see an integration of the proposed legislation that is the subject of today’s debate administration of liquor and gambling in Victoria. will also carry out an important function in addressing These are sensible provisions. I have provided a the issue of problem gambling across the state of number of examples here of where we will see a Victoria. reduction in the regulatory burden for those venues associated with gaming and liquor licensing. Across There are also some significant amendments to the Victoria there are 520 or more gaming venues that also Liquor Control Reform Act 1998. There are three key hold a liquor licence. areas I want to speak to briefly. The first is that we will see a repeal of provisions with respect to the liquor The Australian Hotels Association is very supportive of licensing panel and its associated functions. This role these measures that we seek to implement, and I think will now be assumed and administered by the more broadly they have been well embraced. It is commission itself. Secondly, we will see a common sense that if we can reduce the regulatory harmonisation of the commission’s disciplinary powers burden on our venues so that they can deal with one in both gambling and liquor licence regimes. In this body, one commission and one function with respect to context, rather than the Victorian Civil and a gaming licence, they will be able to get on and Administrative Tribunal (VCAT) being the body to undertake the operations of their business. It provides hear disputes in relation to liquor licensing, the certainty across the industry, and I am sure that it has commission will now be empowered to fulfil this role. been well embraced by many clubs and venues. I know That is done to ensure that we have specialist that this policy measure has been well received in my knowledge and consistency in decision making with own electorate of Morwell. As I said, it is one of many regard to disciplinary action. policy commitments that we have made, and it is something on which I am proud to speak. I commend Thirdly, the internal merits review process for liquor the minister for the work he has done in this regard. licensing decisions is referred to in the second-reading With those few words, I commend the bill to the house. speech, which states: Mr TREZISE (Geelong) — I am pleased to have The bill provides that three or more commissioners, excluding the opportunity to speak on this bill today, and I note the original decision-maker, can, on application, collectively conduct a merits review. The bill will remove the current that members on this side of the house are not opposing review jurisdiction of VCAT in these matters. Original the bill. Speaker, as you and as other members would decisions made by the commission, that is three or more be well aware, the gaming industry is an industry that I commissioners sitting as a group, will be appellable to the describe as being much maligned not only across this Supreme Court on a point of law. state but around the nation. I understand very clearly At this juncture I want to refer to some comments made the concerns of many in the community when it comes by the member for Mill Park during her contribution. I to problem gambling, including gambling associated believe that the member did not have an understanding with poker machines. Time and again we hear stories of of the coalition’s policy going into the last election and despair and destruction caused mainly by poker that when she made reference to VCAT she was machines used by members of our community with an confusing its liquor licensing policy with its gaming addiction to gambling. I think all members of this house policy. It is very clear in the first paragraph of our would be aware of the personal stories of people in their liquor licensing policy at the time, which says: own electorates. At the same time it also has to be recognised that the vast majority of people who gamble A Liberal-Nationals coalition government will: sweep away are not problem gamblers or addicted to poker the confusion and bureaucracy of the current liquor licensing machines. The vast majority of people can go along and mess. enjoy the facilities at their local pub or club.

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The gaming industry is a legitimate industry that of pubs the cost may not be so great and may even be employs thousands of people across the state, especially seen as a good investment. However, for a number of at community and sporting clubs that put millions of individuals within a community or a community group dollars back into our community. One instance within or even a group of neighbours, the costs would prohibit my own electorate of Geelong is Buckley’s any ability to appeal a commission decision on liquor Entertainment Centre, which is operated by the licensing. Geelong and District Football League. The centre itself provides an entertainment outlet and social contact for This is of serious concern. In the past I have had a many people in the eastern suburbs of Geelong. I know number of issues raised with me as a local member that the centre’s management places much emphasis on about gaming or about local pubs or clubs and liquor running a responsible and professionally managed licensing. Local communities had easy access to the gaming centre. At the same time, the vast majority of process through the current practice of being able to go profits coming out of Buckley’s Entertainment Centre to VCAT. The same community or neighbourhood are returned to the community via the local football and groups would have absolutely no hope of taking their netball clubs affiliated with the Geelong and District concerns on appeal to the Supreme Court. Hence, for all Football League. I recognise that there is an important intents and purposes this legislation is locking people or need for governments to ensure that the damage caused groups out of the system in relation to liquor licensing to problem gamblers is minimised — not only damage decisions made by the new commission. to the individual but damage to their families and to the wider community — and hence the importance of Added to this is the fact that an appeal to the Supreme ongoing legislation being passed by this house, Court can be taken only on a point of law. This concern including the legislation we are debating today. was recognised by the Baillieu government during the last election campaign. In relation to both gaming and I was pleased and proud to have been a member of the liquor licensing the coalition policy referred to VCAT former Bracks and Brumby governments and to have as the appeals body; there was no mention of an appeals supported the strong actions we took as a government mechanism to the Supreme Court. In raising this in minimising the damage caused by problem concern I indicate that it is important that the gambling. These included the $132 million Taking government look at this inconsistency whereby appeals Action on Problem Gambling initiative, placing on gaming decisions will be taken to VCAT but any regional caps on the number of machines, eliminating appeals on liquor licensing commission decisions will, 24-hour venues and banning gaming machine as I understand it, be referred to the Supreme Court. advertising. These all were great initiatives of the Such appeals going to VCAT should be the correct former government. In addition the former government procedure, because local organisations or individuals reduced maximum bets on poker machines from $10 to have far better access to VCAT than to the Supreme $5, gave local councils more powers in the placement Court. Having raised that concern, I reiterate that we are of gaming machines in their municipalities, cities or supporting this legislation. towns and undertook numerous public education campaigns to highlight the risks of gambling. As this Mr MORRIS (Mornington) — I am pleased to house is aware, further initiatives are coming into support the Victorian Commission for Gambling and place — and other speakers have spoken about this — Liquor Regulation Bill 2011, which will create a single, in 2012, including the banning of ATMs in venues. integrated regulator for both liquor and gambling. This This background leads us in part to the legislation we legislation represents another election commitment are debating today, the Victorian Commission for which will be delivered in the first year of this Gambling and Liquor Regulation Bill 2011. government. It will create a commission structure to deal with liquor licensing decisions, it will create an As I and speakers before me, including the member for expert commission, it will improve consistency and it Mill Park, have noted, the opposition is not opposing will improve transparency. It will replace the director of the bill; however, we do have some concerns with it. liquor licensing, the Victorian Commission for From my perspective, a major concern is that the bill Gambling Regulation and the liquor licensing panel. essentially cuts the Victorian Civil and Administrative Tribunal (VCAT) out of the appeals mechanism and I congratulate the minister on the bill. It will make a forces appellants against decisions of the liquor substantive and long-overdue change to a system licensing commission to go to the Supreme Court. In which, with the best will in the world, has been patched practice this will put severe limits on any appellant up again and again. Clearly the system, for whatever party because of the exorbitant costs in taking an appeal reason, has been failing for a very long time. Licensing to the Supreme Court. For bodies like a pub or a chain has always been recognised as a problematic area. In

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Wednesday, 12 October 2011 ASSEMBLY 3627 the past it was a tightly regulated area. Perhaps some the chair of the commission to appoint gambling and would say, and I tend to agree, that it was liquor licensing inspectors, who will become authorised overregulated — overregulated to a point where the officers under the respective acts. controls impacted on people’s businesses, people’s leisure choices and tourism opportunities. It was not all Taking that last subject a little bit further, currently both that long ago — I am sure, Speaker, it is in your the gambling legislation and the liquor legislation memory, as it is in mine — that alcohol could not be provide for inspectors. They have an important role in purchased between 10.00 p.m. on Saturday night and both liquor and gambling regulation. In terms of liquor 9.00 a.m. on Monday morning. Life is very different in regulation, Victoria Police has a significant role as well, Victoria these days. which will continue. The currently separate offices of gambling inspector and licensing inspector will be Unfortunately the deregulation process led to a mindset integrated. As we know, the venues that provide in which alcohol was treated as just another product. I gaming generally provide alcohol and are licensed think it would have been much better to find some venues and often vice versa. The bill allows an middle ground here. Clearly alcohol is not just another integrated approach to compliance in terms of both product; it is a drug. For some people it is a drug of licensing and gaming aspects. dependence, and in the stricter sense it is a poison. Even when taken in small quantities it can cause some The opposition, and in particular the member for serious physiological effects, and when used to excess Geelong, raised an issue relating to the jurisdictions of it often leads to violent acts and antisocial behaviour. VCAT (Victorian Civil and Administrative Tribunal) Yet the former government for far too long ignored the and the Supreme Court. I am not sure where the problem, and when it acted too often it came up with member got his information from, but he certainly one bandaid approach after the other. Not all of them seemed to have the wrong end of the stick. The Liquor were useless, but even those measures that, to continue Control Reform Act 1998 currently gives VCAT the the analogy, stemmed the blood flow unfortunately authority to undertake a merits review of nominated failed to close the wound. I believe the measures liquor licensing decisions. This bill removes the power proposed by this bill will deal with those issues in an for VCAT to conduct a merits review; it removes the appropriate and systemic manner. jurisdiction. However, in its place the bill provides for three or more commissioners, excluding the original In addition to the legislative changes proposed by the decision-maker, to act to review a decision on an bill, far broader organisational changes are under way application. in terms of structure, business processes and, importantly, cultural change. These changes will Rather than having a member from VCAT coming in progress in parallel with the legislative reform. The cold, there will be three people who have not reform will create a new, modern, adaptive — which is previously heard the application who will be very important, considering the change of pace in the empowered to deal with it as a fresh decision, but they industry — and focused regulator. It is not a merger, it will be doing it in the context of their knowledge and is not a rebranding and it is not a restructure; it will their experience of the industry and the regulations that create a new, modern and world-class regulator. surround it. So rather than simply saying that appeals have to go to the Supreme Court, what this bill will be The bill does many things. It creates the commission, of doing is putting in place a far more effective appeal course. It prescribes the appointment requirements and process for licensing decisions and also providing a far the arrangements for removal from office. It prescribes more expert base from which those decisions can be the functions of the commission, including exercising made. the powers and duties that were formerly conferred on the director of liquor licensing in the Liquor Control The current structure requires a liquor licensing panel to Reform Act 1998 and those that were conferred on the hear submissions in terms of contested applications, Victorian Commission for Gambling Regulation in the and then it reports up the line to the director of liquor Gambling Regulation Act 2003, the Casino Control Act licensing, who makes the decision. The new 1991 and so on. The bill also empowers the minister to arrangements will put in place a regime whereby the issue a statement of policy principles to the Victorian commission, generally sitting as one member, as I Commission for Gambling and Liquor Regulation understand it, will hear the submissions in public and (VCGLR). It imposes a quorum requirement of three will then make the decision. The decision-maker will be commissioners and requires hearings of the the person who has actually heard the evidence and is commission — this is important — to be held in public fully informed on the matter. unless special circumstances apply. It also empowers

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There will be a new regime for disciplinary action. The common theme in all of these issues is compulsive Currently VCAT is the responsible authority for behaviour. I am no psychiatrist, but these compulsive disciplinary action. That function will be transferred to behaviours relate to a whole lot of personal anxieties. the new commission, which will certainly bolster the Some could describe them as mental health issues or authority of the commission within the industry. It will anxieties, pressures, tensions or stresses that relate to enable disciplinary matters to be dealt with in a far contemporary lifestyles. I think there is great concern more expeditious manner than is currently possible, and about all these matters in the community. it will create a much greater opportunity for coordinated compliance, which my observations of the process One of the other elements of these compulsive indicate is certainly not optimal at the moment. The behaviours that I do not think is surprising is that as we commission structure will facilitate better systems, it address smoking more and more and as we take away will enable the development of commissioners’ expert the opportunity for people to smoke we are finding that knowledge and it will enable problem licensed venues more people are replacing that compulsive behaviour to be dealt with quickly and decisively. It is excellent with other compulsive behaviours. My sense is that legislation, and I commend the bill to the house. when we shut down one compulsive behaviour, people direct those energies into another compulsive Mr MADDEN (Essendon) — I rise to speak on the behaviour — so much so that if that compulsive Victorian Commission for Gambling and Liquor behaviour undermines a person’s social interaction with Regulation Bill 2011. Whilst we on this side of the their families, with their community or with unknown chamber will not oppose the bill, I do have some members of the public, then that problem is exacerbated concerns about it because I think it taps into a public to a great extent. If you are a chain-smoker, you can just sentiment which has been developing for a number of smoke yourself to death but not necessarily directly years, and I understand why that sentiment has impact on anyone other than yourself. developed. We have seen great concern in the community because There are grave concerns within the community about of the liberalisation of these regulations and the the way some members of the community engage in increase in compulsive behaviours. When the compulsive behaviours, whether those compulsive government was in opposition it tapped into these fears. behaviours be gambling, gaming or alcohol or I give it credit for that, but my concern is that whilst the substance abuse. What we have seen come to the bills the government has introduced in this chamber in chamber in a number of instances early in this term of recent times address its election commitments, which government are a number of bills that in a sense capture were in some ways a bit vague, they will not some of that popular sentiment of the community. This necessarily fix or address these issues to the point that sentiment reflects a fear of what has been occurring they need to be addressed. over a long period of time but which has recently been more prominently publicised and highlighted, and that My fear is that whilst this will tidy up some of the red fear of these compulsive behaviours being exhibited by tape around industries and give them a little more members of the community can also be seen in the light surety that they will go through one gateway — which of the liberalisation of licensing around some of these is not necessarily a bad thing for the industries — I am areas over the last 10 to 15 years. not sure it will address some of the more grave concerns the community has about the consequences of What we have seen with the liberalisation of those the far-reaching implications of antisocial behaviour licensing regimes and an increase in stress among the relating to the liberalisation of licensing in these areas. community is more and more people engaging in not only compulsive behaviours but also compulsive I have a number of concerns about the way the public behaviours that are reflected in antisocial behaviour in will interact with this new structure, particularly in the broader community. We are seeing people drinking relation to issues already raised by a number of more, more acute drug use and people gambling and members in this chamber about the way an internal gaming obsessively even when they are known to be in merits review will be conducted in place of a VCAT a vulnerable financial position. Not surprisingly, we are (Victorian Civil and Administrative Tribunal) review. I also seeing people consuming in a compulsive manner can understand why that might be good for industry, food and food substances that are not necessarily good because it might reduce the time taken in relation to this for them, and we are seeing people developing issue. The people undertaking the review would, one significant health problems in relation to that would hope, have specific interest and expertise in this consumption. area. That is not necessary always the case in terms of VCAT. One of the complaints I heard when I was the

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Minister for Planning was that often members of a The industry might invest large sums of money in the VCAT panel did not have a specific understanding of a design and development of a building that is matter. It was believed that they were general appropriate for its specific use — it could be a tavern or arbitrators but they did not have a body of knowledge something — only to find that it has to go through a appropriate for the decision making they needed to second tranche of applications in relation to gaming and undertake. That is not a criticism of VCAT or the liquor licensing and a second round of appeals. Each structure. one of those applications is appealable. The industry may have gone through two lots of applications and One would hope that an internal merits review would reviews and be a long way down the line with its work better, but I am concerned that when an investment, but it would be no clearer to either the organisation reviews itself, even if the short-term community or industry as to whether the project would appointed commissioners are independent from the or would not get up. That delivers uncertainty, and that commissioners who originally made a decision, that is not good for anybody; it is not good for industry, and organisation is still reviewing itself. I am concerned it is not good for the community. there is insufficient transparency in the way in which reviews will be conducted. The proof will be in the This bill will not solve those perennial issues that create pudding. I suspect in some years to come we will be anxiety in the community. I do not think it is going to coming back to finetune this legislation to make sure fix or alleviate the fears the community has when it that there are greater levels of transparency in relation comes to compulsive behaviours. This is a lot of to the way commissioners undertake reviews and the window-dressing. I think we will be back in this way commissioners are appointed. Also, chamber to tidy up the window displays in the commissioners should have specific expertise, but that not-too-distant future. I do not believe this bill will is vague and has not been described in the bill, and the address the critical, compulsive, obsessive behaviours number of commissioners appointed will need to be that individuals in the community have that need to be finetuned. addressed through more assistance and more investment. Other issues that concern me include the ability to appoint commissioners for a short period of time and Mr ANGUS (Forest Hill) — It gives me great that the short appointments might relate to reviews or pleasure to rise today to speak in support of the the demand for reviews. This was one of the criticisms Victorian Commission for Gambling and Liquor of some of the justice legislation that was introduced by Regulation Bill 2011. This bill is going to give effect to the previous government. Where there are a very clear-cut coalition election policy. It is a policy appointments of this nature — for a short period of that we took to the people, and it was resoundingly time — it is almost as if appointees are being trialled in endorsed by the people’s vote. their positions for six months to see if they are any good at them or if they are making decisions that The overall, primary objective of this bill is to create an appease the government or the industry. I have some integrated regulator of liquor and gambling in Victoria. concerns about that. The lack of specifics in this bill It will achieve this by creating a Victorian Commission will need to be finetuned in the not-too-distant future. for Gambling and Liquor Regulation — the VCGLR — Until they are finetuned there will be a lot of questions or what I will refer to as ‘the commission’. The second raised in relation to the way commissioners conduct objective of the bill is to introduce a commission themselves, how they make decisions and how structure for liquor licensing decisions that will make transparent those decisions are. use of expert commission members and result in timely and consistent decision making and also a transparent I do not think this bill will make a whole lot of decision-making process. The third overall objective of difference to the way licences are allocated. One area of the bill is to replace the director of liquor licensing, the conflict in terms of liquor and gaming licensing is the Victorian Commission for Gambling Regulation and fact that it sits, in a sense, alongside the planning the liquor licensing panel with the commission. system. Until you bring them together, the community and the industry will be continually disappointed; Members will see there that this is a very clear-cut bill somebody can go through a lengthy planning process to which is going to deliver on what we took to the people get a permit for a particular type of building but at the of Victoria. It will enable gambling and liquor to be end of the day not get approval for the operation of that more efficiently and effectively regulated. If we turn to building because a second and different process needs clause 1 of the bill, which outlines the purposes of this to be undertaken at a later date. piece of legislation, we can see that the first purpose under paragraph (a) is to establish the Victorian

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Commission for Gambling and Liquor Regulation. of the pieces of legislation we have brought into this Secondly, it is to make amendments to the Gambling place since we were elected to government last Regulation Act 2003 and the Liquor Control Reform November have addressed various aspects of these Act 1998 to enable the Victorian Commission for problematic areas in the community — that is, liquor Gambling and Liquor Regulation to exercise regulatory and gambling. It is something that we can be rightly functions or powers under those specific acts. Thirdly, proud of because these have been identified by the it will make consequential amendments to the community — the community in my electorate of Gambling Regulation Act 2003, the Liquor Control Forest Hill and the community more broadly Reform Act 1998, the Casino Control Act 1991 and the throughout the state — as being very significant Racing Act 1958 as well as other acts. The objectives of matters. It is incumbent on us, as the new government, the bill are very clear cut and the purposes are clearly to come in and tackle these matters head on in an effort outlined. to address these problematic areas as best we can — that is, as efficiently, effectively and quickly as we I propose to run through various aspects of the bill in possibly can. relation to the three primary acts that are impacted by it. If we turn first to the Victorian Commission for One matter I would like to quickly identify relates to Gambling and Liquor Regulation Act 2011, which will the inspectors and their current situation. Currently, if a be enacted by the passing of this bill, we see that it gaming inspector, for example, is attending a particular creates the commission and provides for the venue and observes alcohol being served to minors or appointment of a chair as well as other commissioners, some other breach of the liquor licensing arrangements, including deputy commissioners, who will be needed to they are unable to do anything about it. Perhaps they run the commission properly. Those appointments will could make a phone call and alert other inspectors or be determined by the minister. The bill prescribes the people in power to deal with the situation, but they are appointment requirements and removal from office not able to do anything about it. Similarly, if a liquor arrangements for the commissioners. They are very inspector is out inspecting particular premises, they clearly outlined in the body of the act. It provides for could observe some untoward activity in relation to the staff of the commission to be employed under part 3 responsible gambling and what is required there but of the Public Administration Act 2004. It prescribes the would be unable to act. The common-sense approach of functions of the commission, including the exercise of the new government is reflected in these two roles powers and duties which were previously conferred on being combined so that we can have two for the price of the director of liquor licensing in various acts and on one, so to speak. We will have inspectors going out the Victorian Commission for Gambling Regulation in who are able to deal with both the gaming side of things relation to the gambling aspects of it. as well as the liquor side of things. It makes so much more sense. The bill will also empower the commission to undertake investigations and inquiries in relation to its Quite frankly, we on this side of the house are functions, powers and duties under the relevant endeavouring to bring common sense back into a whole legislation; empower the minister to issue a statement range of areas so that we are not creating more of policy principles; impose a quorum requirement and problems for the community but rather are solving and other operational prescriptive requirements in relation dealing with problematic areas, and certainly the to the three commissioners; and require hearings to be complex areas of gambling and liquor licensing. It is held in public unless there are special circumstances interesting to note, as other speakers on this side of the and so on — it addresses and outlines all those matters; house have noted in particular, that the more than and empower the chair to appoint the gambling and 500 gaming venues in Victoria must all have a liquor liquor licensing inspectors who will be authorised licence. Straightaway you can see synergies that can be persons under the act. Provision is made for a range achieved by combining these two very important roles. matters in the commission’s own legislation. This is something the government identified early on — in the election campaign — and is now addressing, as it As we have heard from other members in their said it would. contributions to the debate, the areas of liquor and gambling are very much intertwined. As the previous If we turn back to the various acts impacted by this bill, speaker, the member for Essendon, outlined in his we see that there will be a range of amendments made contribution, they are two very contentious and very to the Liquor Control Reform Act 1998, such as the problematic areas in the community. As the coalition abolition of the office of the director of liquor licensing government we are addressing these matters. The and the liquor licensing panel. The bill will transfer the previous speaker was quite correct in saying that many authority regarding disciplinary action against a liquor

VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3631 licensee from the Victorian Civil and Administrative far-reaching powers in relation to investigations, Tribunal to the new commission. It will give the disciplinary action, licensing, registration and commissioners the authority to undertake merit reviews compliance. It will be able to provide advice to of liquor licensing decisions and provide the government, provide public education and also initiate commission with the power to seek injunctive relief its own work on things. from the Supreme Court in the event of a deemed adverse ruling. It will deal with a range of other The commission will have a chair and at least two matters, including creating the role of the compliance deputy chairs, all of whom will be commissioners. inspector. These positions will be appointed by the Governor in Council on the recommendation of the minister, who In terms of the Gambling Regulation Act 2003, the bill may also recommend the appointment of other will abolish the Victorian Commission for Gambling commissioners at his or her discretion whenever Regulation and the office of the executive required. The fact that this commission will have such commissioner. It will repeal the provisions relating to far-reaching powers in sensitive issues such as liquor the roles of inspectors, which will be replaced by licensing and gaming means we have concerns that the equivalent provisions in the new act, together with a bill is a bit light in terms of detail. There is quite a lot of range of other things. vagueness around the structure of this commission, what the remuneration will be and how the It is a straightforward piece of legislation. As I said, it commissioners will be established. The necessary sends a very clear signal to the community that this new qualifications to be a commissioner are described only government is going to tackle head on these matters as the minister having to be satisfied that the candidate that are of such significant concern in the broader has the appropriate knowledge, experience and community. They are matters that have been reported to expertise for the role. Again this is quite vague, and I us both last year and on an ongoing basis, and we are note that one out of a number of recommendations from providing a common-sense solution where we can get a the Law Institute of Victoria is that the chairperson and synergistic outcome for the manpower that goes into commissioners ought to have a legal background. A policing these areas. I am very pleased that this bill has commissioner may be appointed by the minister for five so promptly come before this place, and I heartily years and may thereafter be reappointed. The commend the bill to the house. commissioners and chairperson hold very important, powerful and influential positions, but those positions Ms HALFPENNY (Thomastown) — I rise to make and how people are appointed to them are not a contribution to the debate on the introduction of the adequately defined or described in this legislation, Victorian Commission for Gambling and Liquor which in some ways smacks of cronyism. Regulation Bill 2011. At the outset I would like to acknowledge that Labor understands that this is There are also a number of other aspects of the legislation that has been introduced as part of the legislation which make it look like it has been rushed. government’s election policy platform, although it does The powers provided to the commissioners and the omit one major part, which is the ability to have minister of the day are not effectively set out or reviews at the Victorian Civil and Administrative regulated. There are also concerns that the commission Tribunal (VCAT). However, I will talk about that can be appointed directly or entirely at the discretion of aspect later in my contribution. The opposition does not the minister, who is supposed to be independent. The oppose this legislation. CEO is also supposed to be appointed by the commission, yet the minister has already indicated that It is the responsibility of an opposition to scrutinise any there is a chief executive officer who is going to be legislation that comes before the house and also to there already without following the sort of regulation or make sure that all concerns about it are raised, and that system that is built into the legislation. This raises a is what I intend to do. number of questions about the independence of the new This bill institutes a new commission for gambling and regulator of licensing and gaming, because it sounds liquor regulation, bringing together the liquor and like there could be some confusion about the way the gaming regulators. They were previously separated. Of new regulator works. It is very important that these course this makes a lot of sense, because as we have commissions and regulatory bodies are seen to be heard from previous speakers, liquor licensing and utterly transparent, which is the catchcry of this gaming issues often work together. The commission government even though we have yet to see a whole lot will perform all the regulatory powers under the of transparency in the way it has acted and in the things relevant gaming and liquor acts and will have it has implemented.

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There are also a number of other issues in the house that the Labor Party is not opposing this legislation that warrant attention — for example, bill — — conflicts of interest where a commissioner is hearing a case on a particular issue and whether or not Mr Mulder — No growling. commissioners are bound to declare an interest if they have a personal interest in a particular case. There are Ms ALLAN — I remind the Minister for Roads that no penalties if they do not declare their interest, and this is not a laughing matter. It is a bill that we will be there is nothing in the legislation to say that a supporting, and this is consistent with the support we commissioner or chairperson should stand aside and not provided a few weeks ago for the expedited passage hear a case which they have a direct interest in. through both houses of this Parliament of a related bill to strengthen the regime and toughen the framework There is one other concern that has been raised by other around how dangerous, menacing and restricted breed speakers, and it was also an election commitment of dogs are dealt with in the state of Victoria. this government. That commitment has obviously been broken, because this legislation does not include the As I just indicated, there has been legislation passed ability for either objectors or applicants to have the already, and this is the second tranche of legislation that decisions of the commission reviewed by an was committed to by the Liberal-Nationals government. independent body: VCAT. This was, as I said, part of This came about as a result of the terrible and quite the government’s election platform, but it has not been tragic circumstances of a few weeks ago where a young introduced in this legislation. This is a concern because child, Ayen Chol, was killed following a dog attack in it means objectors or those applying for liquor licences, St Albans. Obviously the family and the local for example, who are unhappy with a decision of the community continue to suffer the grief associated with commission are not able to go to the fairly low-cost, that loss. The opportunities and mechanisms are there quick jurisdiction of VCAT. Instead they must go to the for this Parliament to strengthen the regulations and, in Supreme Court, and that is prohibitively expensive. In the case of this bill, to strengthen the penalties around the case of liquor licensing often there are small the responsibilities associated with dangerous dogs. business people who have small hotels or other Members will recall that following the attack the businesses. It is prohibitively expensive for them as Premier indicated in the house — if I recall rightly, it well as for objectors who are just members of the was during question time — that the government would general public to go to court, and that expense stops or be bringing forward legislation to address issues around prohibits them from pursuing their right to object to dealing with dangerous dogs. The opposition supported licences being granted. that first tranche of legislation that was moved quickly That it is a bit of a summary of some of the things the through the house. We supported its rapid passage Labor opposition is concerned about in terms of this through the Parliament so that it could be implemented legislation. However, it is not being opposed. very quickly. That previous legislation did a couple of things: it brought forward the commencement of laws Debate adjourned on motion of Ms WREFORD that were introduced by the previous government and (Mordialloc). had been legislated for by this Parliament relating to registration, desexing and a number of other issues Debate adjourned until later this day. concerning a species of dangerous dog. There was a moratorium on the date of commencement of that legislation, and the legislation that was passed a few CRIMES AND DOMESTIC ANIMALS ACTS weeks ago brought the end of that moratorium forward AMENDMENT (OFFENCES AND by a year. PENALTIES) BILL 2011 Secondly, that bill provided the minister with powers to Second reading set standards to assist dog inspectors or municipal dog catchers to define what a dangerous dog is. On that Debate resumed from 14 September; motion of point it is important to remember that both that previous Mr WALSH (Minister for Agriculture and Food legislation and the legislation before the house today Security). address three categories of definitions of dogs. There is the dangerous dog, which is the dog that has already Ms ALLAN (Bendigo East) — I rise to lead the been declared dangerous by a local council because it Labor opposition’s contribution on the Crimes and has, if you like, prior convictions — that is, it has Domestic Animals Acts Amendment (Offences and already attacked a person or animal or has been Penalties) Bill 2011. At the outset I indicate to the

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3633 specifically trained to attack. We have probably all into the house and provide an explanation for members walked past an industrial site or some such facility and as he sums up the debate on this bill. been barked at by a dog behind the fence. It does give you a bit of a fright — — As I said, the bill the house is dealing with today creates new offences in the Crimes Act 1958 that relate Mr Mulder — Labor Party conference. to the death or endangerment of a person that has been caused by the owner or another person failing to control Ms ALLAN — The yapping of the minister a dog that is defined as dangerous or menacing or is of opposite is not particularly helpful at this point. We can restricted breed. There are two offences here. The first see how the dogs that are trained to be guard dogs and is the offence of failing to control a dangerous, defence dogs do a pretty good job, and I suggest to the menacing or restricted breed dog that kills a person. Minister for Roads that we do not want to get on the Under this legislation it is proposed that this offence wrong side of those dogs. will attract a maximum penalty of 10 years jail. The analogy that has been drawn by the government about The next category is menacing dogs. In this category this penalty is that it is based on a similar test of the are dogs that have previously been declared by a offence of dangerous driving causing death. A second council to be menacing and have displayed behaviour offence is also being introduced by the bill, and that is that is threatening to a person but have not injured or recklessness as to whether controlling a dangerous, maimed a person or an animal. The final category is menacing or restricted breed dog may place another that of restricted breed dogs. There are a number of person in danger of death or injury. It is proposed that breeds restricted in this state, but we really only have this second offence will carry a maximum penalty of one breed that exists in Victoria and that is, of course, five years jail. The bill also proposes a number of the American pit bull terrier, which has been the focus changes to increase the range of penalties which of much of the debate in this chamber and in the media already exist in the Domestic Animals Act 1994. over the past few weeks. I would like to go through a number of different areas It is interesting to note as we debate and discuss this of the bill where the opposition, while supporting the legislation that the government, despite the Premier’s bill that is before the Parliament and recognising that it very clear commitment to the chamber to move quickly is part of the regime to strengthen the framework on strengthening the regime around the control of around the control of dangerous dogs, has some dangerous dogs, did not put through all the changes in questions, comments and concerns, and we would very this area in one package. As I said, this is the second much appreciate a response from the minister in his tranche of legislation that has come before the house; summation of the bill at the conclusion of this debate. the earlier one dealt with the issues I just mentioned, The first issue we have, and we indicate that this is an and a lot of that responsibility falls back on local issue which is very much for local government, is that it councils. It is a bit unfortunate that there was not just is one thing to put through the Parliament a tougher one piece of legislation to deal with all these issues, but regime around increasing penalties and introducing new that is obviously the decision the government made. offences that require additional identification of dogs, Those opposite used a lot of tough words in the media, but we have to remember that the burden of this task but it is only now that we are starting to deal with the falls to local government and particularly to the staff of legislation that will actually introduce new offences to local government who are involved in dog deal with people who are responsible for dangerous catching-type functions. dogs and will also increase other existing penalties. The Liberal-Nationals government has chosen not to It really has taken until the introduction of this bill for provide more resources to local government, and we the Parliament and the public to have the opportunity to are concerned that for this regime to work as the see the government fully implement the intent of the Premier and this Parliament intend, councils need and Premier’s statement to this house. He said — again should have additional support. I think to date councils during question time — that he would increase have been provided with a book of black and white penalties and make changes to the Crimes Act 1958. As pictures to assist, so to speak, with the identification of I have already indicated, why the government has taken dogs, but clearly there needs to be more than that a two-stage approach to legislating for these stronger because the bill introduces a range of quite tough restrictions and punishments for the behaviour of these penalties. The identification of a dog is the dogs remains unclear. I am sure the minister can come responsibility of local government, and the consequence of that identification and then its subsequent behaviour could lead to some quite strong

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3634 ASSEMBLY Wednesday, 12 October 2011 penalties. In order to ensure that the identification of a attack will attract a penalty under the bill, and to be one dog is carried out thoroughly — and I am not saying it of those dogs there will have had to have been a is not, but it is a stretch for councils — we hope the previous process that local council officers have been government gives consideration to providing more involved in through which the dog was found to behave support to them. That is the first area of concern. in the manner of a restricted breed dog, a dangerous dog or a menacing dog. If a dog escapes detection by The second area of concern that we have is around the local government and it does have prior behaviour but right of owners of dogs that have been declared by a for some reason that prior behaviour has not been local council officer to be dangerous or menacing to reported, or if the dog is a first-time offender and if for appeal that declaration. In part this goes to what I was some reason the dog is upset at that point in time and saying before about resourcing for local government in perpetrates an attack, then the penalties in the bill will this area. The correct identification of a dog is going to not necessarily cover those first-time offenders. These be quite important, and in many ways it will dictate the are some of the questions that we would like to have future behaviour of the dog and the owner. If an owner addressed and answered, whether that is in the feels that a dog has been wrongly declared as summing up of the bill or between this house and the menacing, dangerous or indeed a restricted breed, then upper house. what opportunity does that owner have to appeal the declaration that has been made by the local council The other issue of concern that the opposition would officer? like to raise is in some ways a matter that is a little tangential to this bill, but it is still part of the broad The other area of concern is about clarifying who the debate around the control of restricted breed dogs. Does owner of the dog is at the time of an attack. As I said the government have any plans to crack down on the before, the bill introduces two new offences, both of illegal breeding and crossbreeding of restricted breed which carry significant maximum jail terms of 10 years dogs? A previous bill brings forward the date for the and 5 years, and that of course accords with the moratorium on the breeding of restricted breed dogs — seriousness of the attack. However, the bill is not clear in this case, the American pit bull terrier in Victoria — on the issue of who is directly responsible and has the but it has been reported to me that there is some ownership of the dog at the time of an attack, and this is concern in the community that illegal breeding and where the legislation is open to potential confusion. crossbreeding of these dogs remains a problem. We suggest that this is an area that warrants further I will give a couple of examples. In a circumstance investigation by the government. where the owner of the dog is walking the dog down the street on a lead and that dog attacks another person If the minister is not able to come in and sum up the bill and causes serious injury, it is pretty clear who the at the end of the debate, I am sure that these and other owner is and who is responsible for the dog at the time issues will be raised by our spokesperson who has of the attack. However, and this often happens in the carriage of the bill in the upper house, the shadow dog world, people look after other people’s dogs all the Minister for Agriculture and Food Security. I am sure time. If the owner of the dog goes away for the he will go through the issues in detail during the weekend and a neighbour is looking after the dog, and committee stage in the other house. It is a bit of a shame if the neighbour goes around to their grandma’s place that we do not have the opportunity to consider any and takes the dog with them and grandma has a dodgy bills in detail. We would like to give you a turn around back fence and the dog gets out through the fence and the park, Deputy Speaker, in chairing the perpetrates one of the offences, who is responsible for consideration-in-detail stage of bills, but unfortunately the dog at that time? Is it the owner who is away, is it at every request the government has blocked us from the person they trusted with the babysitting of the dog doing that. We might get there one day. or is it grandma, because she had a dodgy back fence? The legislation does not clarify this, so it will no doubt In all seriousness, this legislation fulfils the fall to the judiciary to determine some of these issues, government’s commitment around increasing the but I think it demonstrates that we need some further penalty regime in relation to an issue that continues to clarity from the government on that front. be a serious one for our community. Members of the opposition are not opposing the bill for the reasons I The other area of concern is that the bill does nothing to indicated earlier, but we hope some of the issues we address the issue of where a dog that commits one of have raised will be taken into account by the these attacks has not been declared a restricted breed government and addressed during the passage of this dog, a dangerous dog or a menacing dog. As I said legislation between the houses or into the future. With before, only those categories of dog that undertake an those comments I commend the bill to the house.

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Dr SYKES (Benalla) — I rise to contribute to of individual local government areas are being debate on the Crimes and Domestic Animals Acts assessed, and they will be supported as appropriate — Amendment (Offences and Penalties) Bill 2011, and I that is in terms of input particularly. But, interestingly, welcome the support of opposition members for this whilst there were lots of suggestions that some bill because they, too, appreciate the consequences of locations such as Brimbank, Dandenong and Casey restricted breed and dangerous and menacing dogs not were particularly high-risk areas, at this stage the being controlled properly on our streets and in our number of dogs reported in those areas is about 30. homes. There has been an increase in the numbers reported, but not in line with expectations. As I said, the needs of The bill has four components, which I will run through local government will be assessed individually. briefly. Firstly, it creates new indictable offences for failing to control a dangerous, menacing or restricted Secondly, in relation to the issue of identifying what breed dog resulting in the death of a person or where it constitutes a restricted breed dog, there is a document endangers the life of a person. There is one offence which I have seen, and as a veterinarian and a person where a death has resulted and there is a second, lesser, with some background in relation to animals, I believe offence where life has been endangered. There is an it is a very good, guiding document that is going to help increase in the penalties to make it clear that these identify pit bull terriers and their crosses. In a nutshell: actions are not to be tolerated in the future. There is also if it looks like a pit bull terrier, if it walks like a pit bull a requirement that restricted breed dogs wear an terrier, then it is a pit bull terrier, and if it is not desexed identifying collar. The bill also prohibits the sale or and registered, then it will not remain on this planet. transfer of restricted breed dogs to any person other than an immediate family member, and that is to occur In relation to the issue of owners rights, there is only upon the death of the owner. provision for appeal, but that is an issue I will refer to the minister to expand on. In regard to the issue of who This is quite tough legislation, and it is part of a number is responsible, the member for Bendigo East gave an of measures being put in place to ensure that our streets example of an owner of a pit bull or a dangerous dog. are safe. The process had a nudge along last year when Let us make it very clear that we are talking about three legislation was passed in this house targeting restricted different situations. A pit bull is a breed that is defined breed dogs. At that stage people were given an amnesty by its history as being a dangerous and menacing dog. for registration going through to September next year, They are dogs that have been defined as being as I understand it. Clearly we felt the need to tighten up dangerous as a result of prior behaviour; they have on that, and interestingly what we have now is a form, and they are defined as being dangerous for that situation where as a result of that amnesty period reason. In terms of responsibility, if the owner is the ending — I think it was on 29 September — a number person in charge of the dog at the time it allegedly of restricted breed dogs have been registered, and they commits an offence, then it is quite clear cut that the are required to be desexed prior to registration. But owner is responsible. If the dog is in the hands of there are supposedly quite a few dogs out there that are another person, there is a requirement for a successful not yet registered, so we are going to go into the next prosecution to demonstrate that that other person phase of needing to identify those. engaged in reckless conduct which meant that the dog was not under control and that that conduct placed The overall objective of this legislation is to reduce another person in danger of death. There is quite an serious injury or death as the result of dog biting. onus on the prosecution to demonstrate that that person Related to that is the setting up of the hotline. This engaged in reckless conduct. I think that is a very encourages people in the community to report dogs important safeguard, because there could be situations they perceive to be dangerous. There have been around where a well-meaning person looks after a dog without 1400 calls to the hotline, and 500 or so have resulted in understanding the risks associated with that dog. That dogs being reported to relevant local government areas. possibility has been recognised and has been addressed.

The member for Bendigo East raised a number of The other issue is that of illegal breeding. We have a questions, some of which I will endeavour to answer commitment to introduce legislation to tighten up on and others I will take back to the minister, who I think puppy farms, and that will appear in due course in this will be keen to be part of the summing-up process. First house. That may impact on some breeding of all, in relation to the issue of resourcing local arrangements, but we have recognised that there is government, as I understand it there has clearly been a likely to be a lot of backyard activity going on, and this commitment that local government will be supported in is where we are relying on the community to help administering this new, tougher legislation. The needs identify and report these instances. It is not possible for

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3636 ASSEMBLY Wednesday, 12 October 2011 the law to operate alone. When I was involved in the restate the opposition’s position that we will not be enforcement of animal-related legislation there was a opposing this bill. We believe many of the measures saying: ‘You cannot legislate for cooperation’. The contained in the bill will go some way towards program needs an education component, as we will addressing a legitimate community concern about need members of the community to support it by safety on the streets and in many cases — in particular keeping their eyes open. in the circumstances surrounding the tragic death of Ayen Chol just recently — in homes. The legislation The other aspect of reducing the risk of people being will add in substance to the protective regime and the seriously injured by dog attacks is that people need to obligations that attach to pet ownership — in particular, understand dog behaviour. It is the responsibility of all ownership of animals that effectively constitute a threat of us not only to learn that for ourselves but also to to the community in general. teach those around us. Leaving aside some particularly nasty dogs, dogs give you some warning that they do This is the second of two tranches of legislation that not wish to be disturbed. You can pick up that a dog is have been brought before this Parliament to strengthen agitated and be more cautious in the way you interact the regime and tighten the framework for dealing with with it. Clearly that is difficult for children, because dangerous, menacing or restricted breed dogs. The they are innocent and trusting. Little children are also second tranche, the bill before us today, is principally often the same height as dogs, so they are not as aimed at increasing the penalties associated with those threatening to the dog, and if a dog bites them, animals. The bill seeks to increase the penalties such regrettably the damage can be done to their heads. We that owners of declared dangerous, menacing or have a responsibility to learn, to teach others and to restricted breed dogs can serve up to 10 years in jail if train our dogs. If they are of suspect temperament and their dogs kill people. not able to be trained out of it, they should be sent on their way. The legislation is part of the whole process. There was a long-established principle in the common law identified in the case of Rylands v. Fletcher that a It has been made clear by this government that we are property owner is responsible for a hazard that escapes adopting a common-sense, practical approach to this. from their property. Whilst that was in the context of We will put in place these measures, and they will be fire or flood, from memory, it applies similarly as a monitored. The measures that work will continue to matter of logical consequence. As members of the operate. If there is a need to refine or modify them or community we live in an environment where people are put in place additional measures, the government will in close proximity to each other, so our property, and do that so that we achieve our objective of making our indeed our pets as part of that property, are our streets as safe as possible. I am pleased that the responsibility. That is what this legislation opposition is supporting the bill. overwhelmingly seeks to reinforce in a way that increases the responsibility of pet owners. The The Baillieu-Ryan government responded quickly to legislation will put increased responsibilities on owners the tragic incident that occurred in September, when a so that if their dogs endanger life or kill somebody, little girl was killed. We have strong community ultimately they will be held accountable — and so they support for what we are doing. We have put in place a should be in the context of the threat those dogs logical set of measures. We know there is more to be constitute. done. We know education is required. People need to accept responsibility for their pets. All these things will In increasing the level of responsibility for people to be put in place progressively on top of what we have properly manage their dogs under the law there needs to already done. We will monitor what is happening. I am be clarity about the status of dogs that are to be dealt sure we will reduce the risks to people and that they with in this manner and about the level of liability that will be grateful for the efforts of the government. attaches to ownership of such dogs. Perhaps equally importantly, there needs to be clarity about the I also acknowledge the efforts of departmental staff and increased responsibility that will now attach to councils others involved in writing up the legislation on short in respect of being able to prosecute their notice. They have done it very well; it is clear and responsibilities around assuring members of the concise. I commend them and wish this bill a speedy community of their safety. passage. The opposition has a number of concerns around the Mr PALLAS (Tarneit) — I too rise to speak on the way this legislation will operate. The bill seeks to Crimes and Domestic Animals Acts Amendment ensure through the insertion of new offences in the (Offences and Penalties) Bill 2011 and in so doing Crimes Act 1958 that there will be increased

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3637 responsibilities for the endangerment of a person The legislation may not go far enough to achieve the caused by the failure to control a dangerous, menacing desired outcome in terms of reducing the incidence of or restricted breed dog. The failure to control a dog attacks and increasing the resourcing and support dangerous, menacing or restricted breed dog that has for those charged with the responsibility of enforcing killed a person carries, as I have previously indicated, a and ensuring the integrity and effectiveness of this penalty of 10 years imprisonment. This is based on the legislation, and their training is a key component of this offence of dangerous driving causing death. I do not legislative regime. What is being done to clamp down think the analogy with the vehicular responsibilities that on illegal breeds or crossbreeds? As I have indicated, attach to our community is inappropriate in the context there is also a concern about funding and resourcing for of the danger, threat and concern within the broader local councils to be able to properly identify dogs. If the community that the existence of these animals will government is serious about addressing the problem, cause, particularly to the caregivers of young children. there needs to be extra funding provided to local councils so they can properly undertake their The second of the offences relates to recklessness as to responsibilities. There also needs to be proper whether the lack of control over a dangerous, menacing veterinary identification and support for owners to be or restricted breed dog may place another person in able to comply with that responsibility. There needs to danger of death, which carries with it a maximum be a focus on dog ownership and training for the penalty of five years. Those penalties are prevention of future attacks. There are also concerns commensurate with the idea of culpable driving. about the definitions of ownership and who has responsibility at the point of attack. That issue was From the outset the opposition in supporting the raised by the member for Bendigo East. passage of the legislation has said it wants, in principle, to see legislation brought through the Parliament as Finally, it is important in the broader context to effectively as possible to ensure that the community can recognise that councils will be charged with a feel safe and have certainty that both sides of this substantial responsibility. The support, resourcing and Parliament are acting in the best interests of the capacity to identify and ultimately assure the community. Despite our reservations about clarity in community of this Parliament’s collective support of terms of the responsibility that attaches both to owners these measures — — and the responsible councils, we acknowledge that this bill is a step in the right direction towards providing the The DEPUTY SPEAKER — Order! The requisite level of community assurance. We support the member’s time has expired. legislation, but we do so while raising reservations and concerns about the practicalities of enforcing certain Mr McCURDY (Murray Valley) — I am delighted aspects of the legislation and how far it will go towards to rise to make a contribution to the debate on the reducing the incidence of dog attacks. In so doing we Crimes and Domestic Animals Acts Amendment urge the government to reflect on those concerns, to (Offences and Penalties) Bill 2011. In doing so I would incorporate them in any future actions it seeks to like to acknowledge the significant steps that the undertake in this area and, most importantly, to Baillieu government has already taken towards recognise that those concerns are raised both sincerely protecting our communities and the people within our and in the best interests of the community, as we communities. We said we would make the changes to perceive them. ensure that people could feel safe in their community and certainly within their own homes. This legislation From our perspective the bill does little to ensure that is another important step along that pathway towards the legislation will capture a dog that has committed an safety and people feeling safe within their communities. attack but does not fall within the dangerous, restricted or menacing classifications. Animals by their nature are In our communities we have a wide variety of people. unpredictable, and there is an obligation on us to turn to We have cultural diversity, skills diversity and certainly the issue of breed versus deed, or nature versus nurture, economic diversity. Within those groups there are as it has been described on other occasions. It is being people who want pets, and there are people who do not raised by stakeholders, but it is not specific to this want pets. Being different is a wonderful thing: it is a legislation; it is a broader issue to which we as a pleasure that we are all different. If we all thought the community need to turn our minds. There may be some same way, looked the same and acted the same, it confusion in the courts as to who was the owner of a would be a boring outcome for us all, and we would be dog at the time of an attack and thus who is responsible. devoid of the rich opportunities we all enjoy. While The member for Bendigo East has addressed our being different is a great thing, we still need to share concerns with those issues. some common values and a basic understanding about

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

3638 ASSEMBLY Wednesday, 12 October 2011 the way we can operate together as a community. To control a dangerous, menacing or restricted breed dog survive together we have to share ideas and values. One results in death or endangers life. It will be an offence if of those values is about being safe every time we walk an owner of one of these dogs does not keep that dog out the door, whether we are going to the supermarket, under control and the dog kills a person. A second whether we are going to the recreation reserve or offence being introduced is similar but applies to a whether we are dropping the kids off at school. This person who is not the dog’s owner but is in charge of government aspires to making sure people feel safe as that dog for a specific time. The maximum penalty for they walk out the back door. these offences will be 10 years imprisonment, and that is similar to the penalty for dangerous driving causing Dogs are an important part of many families, and they death. It reflects how seriously we are taking this issue. are an important part of our communities. Obviously It is an important issue in the community, and we need they are the family pets in some instances, and they are to reflect that with these changes. There will also be an seeing-eye dogs and watchdogs in other instances. Each indictable offence of failing to control a dog animal in its correct environment can be an asset to that endangering life. This will apply if the person was community, but a dog in the wrong environment can reckless as to whether the dog was under control. This certainly be a disaster. Try putting an Afghan hound on covers cases where a dangerous, restricted breed or a dairy farm or a Saint Bernard on a quarter-acre block! menacing dog may place a person in danger of death. The wrong environment can be detrimental. We saw The maximum penalty will be five years, so again there that when a young child was tragically killed by a dog can be serious consequences. recently. That should never have happened. The dog should never have been allowed to roam. It was time These new offences send a clear message to owners of we enacted legislation to restrict certain breeds, and we these dogs that they have a responsibility to keep their did that. This legislation will dovetail with the changes dog under control and a failure to do so which results in we have already made and set some further rules and death or life being endangered warrants a serious boundaries so we all understand the ramifications and criminal sanction. The new offences being legislated the rights and responsibilities of people who own dogs. will only apply to dangerous, menacing or restricted This is the second phase of the legislation. It sends a breed dogs, as defined in the Domestic Animals Act clear message to the owners. 1994. Let us be honest, owners of these categories of dogs should have a high degree of culpability, because Our attitudes are changing, and the legislation is in tune they would be aware of their dog’s dangerousness by with those changes. It will not affect everybody who the fact of their previous dangerous behaviour or has a dog; it will only affect people who own certain training. The owners should be aware that they are breeds of dogs. Let us look at the three particular responsible for keeping their dog under control in categories of dangerous dogs. Some people out there accordance with the requirements of the Domestic think every dog they do not like is a dangerous dog, but Animals Act 1994. A failure to do so which results in there is a clear definition of what is a dangerous dog. A death or life being endangered warrants being treated as dangerous dog is one that has been declared by the a serious criminal offence. council to be a dangerous dog because it has killed or caused serious injury to a person or an animal, it is a However, owners of dogs that are not restricted breeds guard dog on non-residential premises or it has had and have not been declared dangerous or menacing attack training. would not have the same notice of the dangerousness of their dog prior to such an attack. That means that if a There are also menacing dogs. A menacing dog is one person does not have control of a dangerous, menacing that has been declared to be a menacing dog by the or restricted breed dog, and is not in control of one, they council under part 3 of the Domestic Animals Act 1994 really do not have anything to worry about. It is on the basis of specified grounds, including that the dog business as usual for them and their pet. It is not the has rushed at or chased a person or an animal or has whole community that needs to be concerned about this bitten a person but not necessarily caused injury. Then legislation, only those with dogs that fall into these there are restricted breed dogs, and there are five of categories. those breeds. Some of the names are difficult to pronounce. The pit bull terrier is the one that seems to This new legislation includes two offences in each get the most recognition, but there are five dogs in that section, one that is applicable to the owner of the dog category. and one that is applicable to the person who is, for the time being, in charge of the dog. All four of these new The Crimes Act 1958 is being amended to introduce Crimes Act 1958 offences are indictable, and under new offences that will apply where a person’s failure to section 7(2)(a) of the Criminal Procedure Act 2009

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3639 proceedings for an indictable offence may be for consideration and enactment to hopefully reduce the commenced at any time, except where otherwise chances of a similar attack occurring in the future. provided by legislation. The recent attack caused me to reflect on similar dog In summary, anyone who has ever been bitten by a dog attacks that have occurred over the years. I remember will clearly understand why this legislation needs to be perhaps 15 years ago an elderly lady in Watsonia in my put in place. It can be a frightening experience. I have electorate of Bundoora being savaged by two pit bull been in that situation: I have been bitten by a dog. It terriers. She survived, but it was a fairly serious attack. I scared the daylights out of me. When one has had that was able to find media reports of an attack I experience one takes a different approach walking remembered taking place at the end of 2009 on an down the street afterwards. If you have never been elderly gentleman in Watsonia. He had to fend off what bitten by a dog, you need to imagine how comfortable was described in the newspaper as a snarling crossbreed you would feel having been thrown into a snake pit or terrier which had jumped into the car where his two shark-infested waters. One wonders what the animal grandchildren were strapped into their seats and might do, because one never knows how animals are potentially about to be attacked by the dog. He going to react. A dangerous dog is not like a snake pit sustained serious injuries to his arms and legs trying to or a shark-infested beach, because the dog has a history. protect his two grandchildren. There is a history of We have already discovered that an individual dog can incidents going back quite a long time. have a history which means it has a greater likelihood of attack and makes it more dangerous. In fact today, only a matter of hours ago, I was told by a constituent of mine about an incident yesterday. He was The owners of these dogs have a responsibility, and it is walking in the neighbourhood not far from where I live time they became accountable for their animals. If they when he was attacked by two dogs. One dog in are not accountable, they will have to pay a price. No particular attempted to bite him on the leg, tore his longer will this be somebody else’s problem. It will pants and then attacked his hand while he was trying to now become the problem of the person who owns the defend himself. The police and ambulance were called, dog or is in control of the dog. The government’s policy as well as the local council. Unfortunately a hapless is that people need to start taking responsibility for their postie — a woman on a postie bike — turned up, and actions, and we will get tough on those who will not. she was rushed by the dogs as well. The police had to This is a safety measure. It is not because we do not like employ capsicum spray to subdue the dogs, which then dogs; it is about protecting others. returned to their house, where the gate was ajar. The police were then able to lock the gate and keep the dogs As I said earlier, dogs are an integral part of our contained. communities and our families. The government is taking a common-sense approach. Like many of the My constituent was a relatively fit and healthy man in bills we have introduced since being in government, his middle years who was able to fend off the attack by this one takes a common-sense approach. I am the dogs, and although he was quite shaken by the delighted to hear that the opposition is not opposing this attack he was concerned that if a small child or an older bill. It is a bill on which we can agree that work needs person had been walking along the street at that time, to be done in our community to ensure that people are they might not have survived the attack as well as he safe when they walk out into the backyard. We had. encourage people to have dogs and other pets, but people with dogs in those categories should have a The principal motivation of the bill we have before us is greater responsibility for their animals. With that, I an attempt to ensure that there is a clear deterrent to put commend the bill to the house. in people’s minds that if they choose to have a dog that is considered to be dangerous or menacing or is of Mr BROOKS (Bundoora) — It is a pleasure to be restricted breed, they must take all of the precautions able to make a contribution on the Crimes and necessary to ensure that it is safely contained, under Domestic Animals Act Amendment (Offences and control and does not harm other people. Many people in Penalties) Bill 2011. This is the second tranche of my community would not understand why others legislation that has been presented to the Parliament would keep a dog that would potentially cause so much since the tragic death of a four-year-old girl in damage to another human being. Sometimes the issue is St Albans, a situation and a circumstance that I am sure around a belief people have that their dog would not touched all members of this house and all Victorians. It cause that sort of injury to a person. Until these sorts of ensured a series of measures that have come before us incidents occur most dog owners would not expect them to occur, but of course they often do.

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3640 ASSEMBLY Wednesday, 12 October 2011

This bill creates two new offences under the Crimes It is important that the government put the resources Act 1958 that relate to people placing others in danger into local government so that it can effectively police or causing the death of a person by failing to control a these laws and educate the local community. It is also dog of one of those three types of classifications. It also very important that there be a way we can measure the amends the Domestic Animals Act 1994 to effectively effectiveness of local government in handling these beef up the penalties in a range of areas around dog matters. I am not sure how that occurs at the moment, ownership and control of those dogs. In particular new but it is important that we are able to see how many section 319C relates to ‘Recklessness as to whether investigations are conducted by local government, how controlling dangerous, menacing or restricted breed dog many times a local council may declare particular dogs may place another person in danger of death’. The dangerous or menacing and how many complaints are penalty for an offence under this provision is level 6 made about those particular types of dogs so that we imprisonment, which carries a five-year maximum. can get a clear picture of how effective and efficient That is quite a serious penalty but one that I think the local government is in carrying out its work. community fully expects the Parliament to put in place. Before I finish, I have one more quick matter. Preceding new section 319C is new section 319B, Clause 18 of this bill prohibits the transfer of ownership ‘Failure to control dangerous, menacing or restricted of a restricted breed dog after the owner dies — and I breed dog that kills person’. For this new offence there think this relates only to that one classification — to is a level 5 imprisonment with a 10-year maximum. any person other than to a council pound for the dog to Again this is a very hefty sentence but one that I think be terminated or to an immediate family member. I am people, certainly in my community, would expect this not for a moment suggesting that I oppose this measure, Parliament to put in place. but it is an important issue that we and the minister need to carefully reflect upon, as we may create a Penalties are only part of the answer when we are situation where somebody becomes a reluctant owner. dealing with the issue of dangerous dogs and dog After someone loses a relative they are unlikely to want attacks. There are the laws that we put in place and the to have their dog put down by the local council, penalties that attach to those. There is the policing of because of the emotional connection they have with the those laws and how well resourced and effective the relative, so they may take the transfer of ownership of policing of those laws is. There is also the education of the dog and become, if you like, a reluctant owner — the community in relation to dog ownership. In relation someone who took the dog because they did not want to the last two points, the resources that are provided, in to have it put down but who does not have a particular to local government, are key to making our commitment to the proper control and ownership of that communities safer in relation to dog attacks. It is no use dog. having effective punishment after a dog attack has occurred if the law has not been properly policed and That presents a situation that may see lapses in control has not officially served as a deterrent because people or in responsible dog ownership. That is something we believe they can escape the law by evasion or that a dog need to monitor, and it is something the minister needs attack will not occur. to take into account. I certainly do not oppose the bill, and I commend it to the house. After a discussion with a constituent who came into my office complaining about these laws, I believe it is Mr MORRIS (Mornington) — I am particularly important that the dangers these dogs pose are clearly pleased to have the opportunity to make some communicated through an education program to our comments on the Crimes and Domestic Animals Acts communities. Something that particularly concerns me Amendment (Offences and Penalties) Bill 2011, which, is the situation where a dangerous, menacing or as the name suggests, amends the Crimes Act 1958 and restricted breed dog is kept in a home with small the Domestic Animals Act 1994. It creates new children. We have seen past instances where dogs have indictable offences in the Crimes Act 1958 relating to attacked small children — sometimes friends or the failure to control a dangerous, restricted breed or children visiting from other places. Again, as a dog menacing dog in a manner that might result in death owner, I cannot understand how somebody could keep and to reckless conduct by dangerous, restricted breed a dog of that type in close proximity to children. After or menacing dogs which might endanger life. It the discussion I had with the constituent, I am sure that increases the penalties in the Domestic Animals Act person could not understand my point of view, but I 1994, particularly in relation to attacks by dangerous very clearly put to her that it was irresponsible to keep a and restricted breed dogs and to the keeping of pit bull terrier at the same location as her young dangerous, menacing and restricted breed dogs. children.

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3641

There is some repetition here, but clearly all bases need things, and I mean that in the positive sense of the to be covered in relation to these matters. It provides a word. A situation developed where dog attacks became requirement for a restricted breed dog to wear a collar, quite frequent — or far more frequent than they had which will be prescribed in regulations further down been. As the feeling grew amongst the community that the track. It will also prohibit the sale or transfer of a they were not safe, actions by dogs that were perhaps restricted breed dog to any person other than an not aggressive were construed by people as being immediate family member and only upon the death of aggressive. the owner. The member for Bundoora raised an important point about ensuring that whoever takes The council took what was an unprecedented step and control of one of these dogs does so on the basis that virtually doubled the number of authorised officers in they are able to control the beast. the budget of that year — 1988 or 1989. It took a punt that revenue from dogs that were then registered would We are all acutely aware of the events that have increase as a result but more importantly that there prompted this legislation, which was probably not on could be a stronger focus on the enforcement of the the immediate calendar in terms of the parliamentary existing regulations. That was done, and within three timetable. The government has acted appropriately and months the dog problem was dealt with. The number of promptly, and the tenor in which the debate has attacks declined significantly — almost to zero. A far occurred this afternoon and the mood of the house greater number of dogs were registered, and dog indicate the seriousness with which we regard this owners again became respectable in the eyes of the matter. It has been interesting to see the reaction to not community. only the proposals in the bill but also the measures effected by the previous amendments to the Domestic That was a cultural thing. It is worth noting that to Animals Act 1994. To my dismay in the Beleura Hill change the culture, sometimes some fairly tough area in Mornington, as the deadline for registration decisions need to be taken. The provisions in this bill closed in, a number of dogs were let loose to run on the will send a strong message to the community that the streets. They were obviously discarded by their Parliament — that is, members of Parliament on both owners — when all they had to do was take the dogs sides of the aisle — is not prepared to accept the down to the council and register them. That is an continued presence of dangerous animals. unfortunate situation and one which is cultural as much as anything else. While it is not the immediate subject The amendments to the Domestic Animals Act 1994 of this bill, it is a matter we need to address. require a restricted breed dog to wear a collar. The regulations for that provision will be set later. The The definitions here are important. A ‘dangerous dog’ collar will be different to that worn by a dangerous dog, is a dog that has been declared by a council to be so it will be readily identifiable by the public and also, dangerous. Perhaps it has caused serious injury to an importantly, by the council. The sale or transfer of animal or to a person — and that is determined on the restricted breed dogs will be strictly limited so that basis of actions by the dog — or it is a guard dog for upon the death of an owner there will either be a non-residential premises or a dog that has been trained transfer to a family member or the dog will be to attack. Any dog that has been trained to attack is surrendered and destroyed. The penalties for restricted self-evidently a dangerous dog. A ‘menacing dog’ is breed dog offences will be significantly increased to slightly different. Basically it is a dog that has rushed or bring them into line with those for dangerous dogs. All chased a person or animal or has perhaps gone that one these changes complement the recent amendments that step further and bitten a person but has not caused saw the introduction of approved standards and the serious injury. A ‘restricted breed’ relates to five removal of the amnesty at the end of September. particular breeds. I will not attempt a number of these pronunciations, but the American pit bull terrier, or the It is worth noting that the dangerous dogs hotline, pit bull terrier, is the most obvious of those. The which the government has established, has received a definition also relates to a dog that falls within a steady number of reports from both dog owners and the standard approved under section 3(3) of the Domestic general public. If nothing else, it allows councils to Animals Act 1994 for any of the restricted breeds. operate in a more focused way with their approach.

I touched on the culture a moment or two ago. If I The bill also makes a number of changes to the Crimes might be permitted a bit of a trip down memory lane, I Act 1958, particularly regarding the offence of failing recall that in the Mornington shire in the late 1980s, as to control a dog, resulting in death. The maximum the town was growing a bit, we had a lot more dogs. penalty for this offence will be 10 years imprisonment. We had dogs on beaches and all those sorts of good It provides for a further offence of failing to control a

CRIMES AND DOMESTIC ANIMALS ACTS AMENDMENT (OFFENCES AND PENALTIES) BILL 2011

3642 ASSEMBLY Wednesday, 12 October 2011 dog, endangering life. The maximum penalty for that Rottweiler may not be the appropriate dog to buy when offence will be five years imprisonment. you are newly married and contemplating a family. At the moment any person can have a dog such as a The public needs to be aware and dog owners need to Rottweiler. It would be better if nobody could have a be aware that there are consequences for the actions Rottweiler unless they could show why they should people take. That has not previously been the case in have one. Alaskan malamutes, hardly domesticated this matter. People are free to own these dogs while from the wolf, are popular with young 20-something they are around, but there should be consequences for women, who cannot control them. We have to choose people’s actions. our dogs much better — dogs we can live with, educate, train and control. Owning a dog is not a right, Mr PERERA (Cranbourne) — I wish to speak in it is a privilege. the debate on the Crimes and Domestic Animals Act Amendment (Offences and Penalties) Bill 2011. This is Erika Tretheway was bitten on the face by a big Great the second phase of the government’s response to the Dane-Saint Bernard crossbreed in October 2006 in killing of little Ayen Chol a few months ago. The St Kilda. The attack happened when Ms Tretheway opposition supports in principle this legislation aimed at visited the dog owner’s house. The dog had been reducing the incidence of dog attacks, particularly by declared dangerous at the time of the attack. The owner dogs that are likely to cause serious injury or death. never mentioned to Ms Tretheway that it was a dangerous dog, and the dog was not wearing a collar or It is estimated that up to 30 000 people could present to muzzle to indicate that it was dangerous. There was no hospitals annually as a result of dog attacks in way she could have known it was a dangerous animal. Australia. Injury records from the Women’s and It is recognised that there is a strong genetic component Children’s Hospital in South Australia show that dog in a dog’s behaviour, its propensity and trigger point for attacks are the fourth most common reason for children aggression and its capacity to inflict injury. However, in being taken to hospital after accidents caused by most cases dog attacks are due to owners’ or caretakers’ playground equipment, bicycles and motor vehicles. A negligence, as previous speakers have pointed out. recent survey of councils in Victoria found that there were 3300 reported dog attacks in one year. That is Linda Watson, president of the Endangered Dog Breeds about 63 incidents a week, or 9 attacks a day. It is a fact Association of Australia, says that experience and that anyone who is a victim of an attack by an angry or research shows that all dog attacks can be traced back disturbed dog can suffer significant physical and to failure by the owner to properly train and socialise emotional trauma. In some cases hospital care or even the dog; owner ignorance, neglect or abuse; or death are the end results. sometimes failure to enforce existing dog management laws. Therefore, this legislation is appropriate in According to government figures, in 2008 there were providing that an owner or person in charge of a 635 535 dogs registered in Victoria, but it is believed restricted breed or menacing dog should be criminally there were also about 260 000 unregistered dogs in the liable if they fail to control their dog resulting in a state. There are many dangerous dogs flying under the death. The maximum penalty is 10 years imprisonment. radar of authorities because owners do not register their The maximum penalty of 5 years imprisonment if an dog or ignore the protective measures they are owner or person in charge is recklessly controlling a supposed to take. This is in spite of the previous restricted breed or menacing dog and endangering a government introducing a register in which councils person’s life, whether death occurs or not, is also recorded details of dogs within their municipality that appropriate. had been declared dangerous. The aim of the register was to keep track of these dogs when the owners The bill also increases a range of existing penalties moved around the state. In the year to May 2005 there under the Domestic Animals Act 1994 by various were 50 dog attacks by American pit bull terriers in degrees, depending on the severity of the offence. Victoria. Unfortunately only two of those dogs were Owners who fail to restrain a dangerous or restricted registered. According to Dr Hugh Wirth from the Royal breed dog on their property will incur a penalty of Society for the Prevention of Cruelty to Animals, dogs $2442. Owners who fail to restrain a dangerous or were bred for a particular purpose such as hunting or restricted breed dog outside their property will incur a working and genetically that is how they are still penalty of $4885. However, it is hard to work out what programmed. judicial discretion will apply regarding the determination of the penalties. This has not been Unfortunately many people today do not understand specified in this legislation. The Baillieu government dogs and choose an animal because of its looks. A big has this time gone beyond the rhetoric and attempted to

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3643 fix the problem of dangerous dogs. The onus is on the The City of Port Phillip became the first council in government to get it right, because the government is Victoria to use DNA technology to help identify accountable for any half-cooked legislation if it fails. dogs — — The bill does nothing to increase penalties if a dog that commits an attack is not classified as dangerous, The ACTING SPEAKER (Mr Blackwood) — restricted or menacing. Order! The member’s time has expired.

The legislation may not go far enough towards Debate adjourned on motion of Mr BATTIN achieving a reduction in the incidence of dog attacks. (Gembrook). There are neither penalties nor measures established to clamp down on the illegal breeding of restricted breeds Debate adjourned until later this day. or crossbreeds. It is possible for mixed-breed dogs to look very much like their pure-breed relatives. It is also CHILDREN, YOUTH AND FAMILIES possible for a mix-breed dog to look very much like a AMENDMENT (SECURITY OF YOUTH breed that is not one of the breeds that the particular mixed breed is comprised of. For example, some JUSTICE FACILITIES) BILL 2011 mixed-breed boxers may appear to look the same as the Second reading American pit bull terrier, but the dog may not carry any American pit bull terrier blood. Debate resumed from 14 September; motion of Ms WOOLDRIDGE (Minister for Community What are the rights of owners to appeal a declaration by Services). a council that a dog is restricted on the basis of its breed? It is not clear in the legislation. There is also a Mr DONNELLAN (Narre Warren North) — It is concern regarding the funding and resourcing of an honour today to have an opportunity to make a councils to properly identify dogs. If the government is contribution to the debate on the Children, Youth and serious about addressing the problem, there needs to be Families Amendment (Security of Youth Justice extra funding provided to local councils so they can Facilities) Bill 2011. The purpose of the bill is to amend hold properly resourced searches for irresponsible the current act and to change the security arrangements owners who choose to ignore the requirements in youth justice facilities. Labor will not be opposing regarding their dangerous dogs. Proper veterinary the bill. identification and support for owners are needed to achieve this. The changes to the act have been proposed in response to two inquiries. One of those inquiries was conducted The standard provided is not sufficient for a final by the former Chief Commissioner of Police, Neil decision to be made about the breed of a dog. More Comrie; the other was in relation to an own-motion emphasis must be placed on owner responsibility, as the inquiry conducted by the Ombudsman, who reported on majority of attacks are due to neglect and mistreatment that inquiry in November 2010. At the time when both by the owner. Targeting the actions or non-actions of reports were received, the then government indicated owners will be more effective and sensible in that it was committed to implementing the realistically decreasing the number of dog attacks. recommendations of those reports. I think we allocated There is a need to focus on dog ownership and training, funding of some $16.6 million over four years to as these are the only things that will prevent future dog upgrade security and operations at the Melbourne youth attacks. justice centre. This bill continues those changes. It makes specific changes in three particular areas: search The legislation does not address the issues around dog offences, including the seizure of items; security ownership or responsibility at the time of an attack and offences; and secrecy offences. I note that there is an how this might be interpreted in any future allocation in this year’s budget of some $6.2 million for prosecutions. It is now suggested that a dog owner, for the Melbourne youth justice centre refurbishment in the purpose of the act, is the person apparently order to, if I remember correctly, provide a single entry controlling the dog at the time of an attack. Most point to make security at that facility a lot better. That attacks occur when nobody is in control. This means obviously requires a fair bit of design work and a fair that if you are walking down a street and a dog attacks bit of physical work. you but the owner is not around, it is too bad. In relation to searches, including the seizure of items, currently there is some ambiguity from the point of view of both the managing authorities and the

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

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Community and Public Sector Union, which has some whether there is a reasonable suspicion that the money concerns in relation to searching staff at those facilities. was taken previously. I find it a little difficult to believe The bill establishes quite clearly, from what I that a youth justice facility officer would be able to understand of it, the right to search all people, including make such an assessment at the time, because I do not staff, contractors, detainees and visitors, before their believe they would have enough information to enable entry into and exit from a youth justice facility. A them to do so. Anyway, the provision is there and it is person other than a detainee may be subject to a formal available if they believe the money has been obtained in search in which an electronic device is used. People an inappropriate or illegal way. need to be informed that they might be subject to such a frisk search, but they cannot be required to submit to a The bill also deals with security offences. We note that strip search or body cavity search. in many ways a number of the measures in the bill are starting to morph into those in the Corrections Act I understand that a detainee may be subject to a strip 1986, which deals with criminals who are not people search but not a body cavity search as well. The bill under 18 years of age; they are people who are in jails, provides that reasonable force may be used to carry out and the purpose or underlying philosophy of that act the search. That is interesting, because the definition of has more to do with retribution and punishment. ‘reasonable force’ is very much in the eye of the Generally youth justice facilities have rehabilitation as beholder. We saw this the other week in relation to the their underlying philosophy to ensure we do not have person who was pushed back into a jail cell after having increasing levels of recidivism and youths continually capsicum spray sprayed at them. You would hope that returning to these facilities. appropriate training and the like for officers working in youth justice detention facilities would provide We note with some concern that the bill mirrors guidelines and an understanding of what reasonable measures that are contained in the Corrections Act force is and that it would not be abused. At the end of 1986, which, as I said, deals with adult prisoners and the day, officers, particularly, and those who are offenders. I hope it is not a move towards treating youth detained in those facilities, do not want to get it wrong offenders in the same way that adult offenders are and be subject to continual reviews and so forth. treated. We are just raising it as a concern and introducing a note of caution, so that we do not end up If a strip search of a detainee is required, the bill with a youth justice system which is based on requires that such a search be conducted by an officer retribution, not rehabilitation. of the same sex as the person being searched, which is appropriate, with another officer present who would The existing provisions of the Children, Youth and also preferably be of the same sex. The second officer Families Act 2005 will be amended to more closely is to be positioned in such a way that the detainee reflect section 32 of the Corrections Act 1986 so it will cannot be seen by that second officer. In other words, now be an offence for a person who is not authorised to they are supervising their colleague, and in those do so to enter or attempt to enter a youth justice facility circumstances I think it is perfectly appropriate. or to communicate or attempt to communicate with a detainee who is on temporary leave from the youth As I mentioned, the second part of the bill deals justice facility if the communication threatens the specifically with security offences, and makes some security of the youth justice facility or of any person. A changes in relation to that. An officer may seize person must first be warned that continued contraband found as a result of a search, and a number communication constitutes an offence, and there are of articles that may be found must be handed to a various penalties for that offence. I hope we are not member of the police force — a weapon, obviously, an moving towards a harsher system in youth justice. explosive substance and/or an item suspected of having been stolen or used in the commission of an offence. The third part of the bill deals with secrecy offences. These items will be held by security until the end of any The bill introduces entirely new secrecy provisions. legal proceedings and money that is seized must be The bill makes it an offence to record, disclose, returned to the person on their leaving the justice communicate or make use of confidential information system, except where that money is suspected of having except to the extent that it is reasonably necessary to been stolen or obtained as a result of an offence. perform a duty or function of that position or to exercise a power of that position under this bill or any It is going to be pretty difficult to assess whether there other act. The bill provides for a penalty of five penalty is enough intelligence at the time to determine, for units. There is a very extensive definition of example, how the money was obtained, and for a confidential information in the bill, which includes security officer at a youth justice facility to work out information about security measures, the investigation

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3645 of a breach or possible breach of the law, and to see recidivism rates increase in relation to youth information of a commercial or business nature — justice facilities. It is a strange thing to want to see which is pretty broad. recidivism rates increase, because we have cut back on funding for education and we are going to be locking The potential is there to capture things which are rather people up for longer periods of time, but this will not innocent in nature. In many ways it is a bit like the improve the outcomes for society. I would have thought Ombudsman Act 1973, in that it provides that if you that you would want to reduce the number of people in have been interviewed by the Ombudsman you are not prisons, because it is an incredibly expensive exercise, able to share that information with anyone else. I and that you would want to provide opportunities to wonder whether in some way the extensive definition keep people out of prison and not make cuts to things of confidential information may be a little too wide. I like the Victorian certificate of applied learning, guess we will just have to wait and see. But the secrecy FReeZA, apprenticeship bonus programs, the School provisions apply to departmental officers as well as Start Bonus and the mentoring and capacity building volunteers and contracted service providers such as the initiatives. YMCA. They also apply to people appointed by the department or an independent body conducting an It seems strange to be cutting those programs when the investigation in a youth justice facility or visiting a potential is there for the creation of its own cookie youth justice facility. factory that will be creating criminals. We are going to put people in jail for longer and we are expecting them It could be a parliamentary committee visiting a youth to commit more crime more often. It does not seem to justice facility. Would the committee members be be a particularly logical philosophical underpinning of bound by the secrecy provisions under the bill? If they the government’s approach to law and order. I would are conducting an inquiry for a parliamentary report, it have thought that with law and order you would want is going to be an interesting exercise to determine the fewer people committing crimes and you would want to right of parliamentarians to provide proper reports in reduce costs over time. You would not want retention contrast with the provisions of this bill, which rates decreasing in schools, recidivism rates increasing specifically say that that might be covered by the and the number of young people expected to be secrecy provisions. Matters in relation to the security detained in youth facilities increasing. It really does structure, the set-up at the youth facility and so forth have a bit of a ‘mad uncle’ sort of philosophy obviously need to be kept secret, but then what would a underlying it, and it is very concerning that it seems to committee report on in relation to a youth justice be sort of a feelgood special. I do not know whether facility? It would obviously be a pretty difficult that is a healthy way to deal with law and order in the exercise for the committee chair, and the chair would long term. have to be very careful as to what they allowed the committee members to deal with. Anyway, I raise that I would be more encouraging of things like Operation issue and leave it there. Newstart and programs like that which to some extent are about keeping people from going off the rails. My This bill continues some of the work of the previous concern is that if you do not have programs like government, as mentioned, in relation to the two Operation Newstart and VCAL — or if you do have inquiries — the Comrie report and the Victorian VCAL, but you cut it back — and if you cut out Ombudsman’s own motion report. But it does concern FReeZA and the apprenticeship completion bonus, you me that we seem to be heading down a path of ‘lock are actually creating the environment for greater levels ‘em up at 100 miles an hour’. I noted in the budget of crime. You are really creating a society where, yes, papers that the government was indicating that more we might feel good about locking people up for longer young people are expected to be detained in youth periods of time, but we are all going to be paying for it; justice facilities this financial year. I was not looking it is going to cost us a lot more. I do not really know for this, because child protection is not my role, but it whether the longer term costs — and I am sure people stood out in the budget papers. The government has in Treasury look at this — of doing it this way are made its estimate and there will be an increase in costs going to be way in excess of dealing with this as a associated with that, which is fair enough, and some rehabilitation exercise and keeping people out of provision has been made for that. trouble in the first place.

If we are looking at rehabilitation and not retribution, is I think our record on this is quite clear. We had the it healthy to be making substantial cuts to education and lowest rate of children under youth justice supervision locking people up for further periods of time? I would in Australia, and the New South Wales government is have thought that the government would not be happy now following our philosophical way of doing things.

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They are looking at doing the same as us. In New South was going to take me 20 years to have an impact via the Wales they have got their heads screwed on. They are programs I had introduced — — saying, ‘We are not going to get tough about crime. We are actually going to deal with the issue in a sensible, An honourable member interjected. rational way’. This is very much the rational way of dealing with things. You do not lock people up for Mr DONNELLAN — No, I am not prepared to longer periods of time, engendering and encouraging an offer my resignation today — maybe another day. I environment that is conducive to more recidivism and would not resign, but I would be a bit frustrated that it lower retention rates. You want to do the opposite, had taken 20 years. I am sure in many ways the impact because in the long run, as any Treasurer would say, of these changes will be felt a lot sooner than 20 years. you do not want to be spending more money in that We will be coming back to this, looking at it and space. You want to be reducing that spend over time, saying, ‘Did it work?’, and I do not think it will have. I and you would hope that with that you would have a really do not believe that the reduction in crime, like we have had over the last lock-em-up-and-throw-away-the-key retribution 10 years. approach to youth justice will work in the long run. I genuinely believe that things like Operation Newstart I have serious concerns that cuts to education along and diversionary programs do a lot better job of with the philosophical approach of looking at youth keeping kids out of jail and keeping them from justice through a retributive framework rather than a committing more crime and from succumbing to rehabilitative framework mean that we are headed recidivism than anything else. down the wrong path. We are a bit like a cookie factory; we are putting in all the ingredients and hoping Labor had a very strong record on this, and the New that somehow or other we end up with more criminals South Wales government is currently using our model at the end. We are setting it up pretty well to do that. to reduce its costs. It is rather amusing — actually it is not amusing, it is disappointing — that we have Liberal As I have said, the New South Wales government is governments in both New South Wales and Victoria, following our path and it is looking at how we dealt and we have two different approaches to the same with these issues, because it has found that the subject. I guess it shows that the Liberal Party, like the lock-em-up-and-throw-away-the-key approach is Labor Party, is a very broad church and that we can costing astronomical amounts of money. It is not have two different styles of approaching the same reducing recidivism, and it is a lot better to spend subject. money on preventive measures to improve that over time than to just roll out the idea that if you lock them Between 1999, when Labor came in, and 2010 I think up, the problem will go away. Unfortunately it does we increased overall funding to rehabilitate and not. If we have youths on the streets because they are reintegrate youths into society by about 152 per cent. not employed or skilled, they have not been able to do We certainly put the money in there, which is what is VCAL, they have not been mentored, their family has needed. not had the School Start bonus or they have not We had an 82 per cent increase in funding for programs received their apprenticeship completion bonus, we will for juvenile justice facilities — we continued to put the have more disaffected youths. I think it is incumbent money in. As I said, crime rates reduced extensively upon the government to provide an explanation to all every year during that period. In our last budget we Victorians of how recidivism rates going up and allocated another $22 million to new initiatives, locking people up more in the long run will actually including things like new youth workers and rapid reduce crime rates. response teams for police at crime hotspots. But it is The Minister for Crime Prevention has indicated that he really about getting in early and stopping these kids does not think the programs will have any impact on from going off the straight and narrow, and it is about the crime rate for 20 years, which is a long time. By providing support whether it is to the Department of that stage we might have had the second coming of Human Services or ChildFIRST. Christ! Twenty years is a long time to have any I note that ChildFIRST did not receive any increased program in place before it has an impact. I would be funding in the budget. It is one of those support horrified if I were a minister and I was thinking that it programs which helps families who are having would take 20 years for amendments I had made to the difficulties coping with being a healthy family. It is the act to actually bring about change. I think that is an support mechanism which kicks in before the absolutely hysterical joke. You would have to be very Department of Human Services comes in. Its programs sad as a minister. I would actually resign. If I thought it

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3647 keep families out of the courts in relation to domestic North. I can confirm just a few things for him, because violence and the like, but they also help to keep the kids it would have been nice if he, as the lead speaker, had on the straight and narrow. There has been enormous read a little bit more of the information in relation to the demand for ChildFIRST in the outer suburbs, bill. If he had looked at the budget papers, he would particularly in the city of Casey, which I think has have seen a $20 million increase in youth diversion and allocated something around $2 million a year. It is run rehabilitation programs, which has been welcomed by through Uniting Care Connections and a couple of the youth sector. A quick phone call would have others down there. It does a marvellous job and is very confirmed that for the opposition, and opposition much focused not on the retribution side of things but members would have understood how important it is. on rehabilitation. Those are the areas where you want The member for Narre Warren North was talking about the money to be spent; you do not necessarily want the section 32 of the Corrections Act 1986, and he was money going towards locking up people. trying to insinuate that we are going to move to a hardline stand-over-them kind of policy. I am not sure If you look at mandatory sentencing and the like, in the whether he is aware of this, but that is just in relation to long run you will find that we are spending a lot more visitors and staff; it will not effect any change to current on jails. I do not know exactly what it costs per prisoner clients in our centres. per year, but it is between $70 000 and $100 000 — and that is not in youth justice but in adult justice. In the I support the Children, Youth and Families Amendment long run it is a lot of money to spend on dealing with (Security of Justice Facilities) Bill 2011. I will start these matters. I do not know whether it is a healthy with a quote from the Age of 7 October 2010. I know thing for any society to believe that it can just keep the member for Narre Warren North will be interested locking up people and the problem will go away, in this, because he said he is very proud of the former because it does not go away. At the end of the day it is a government’s record. The article states: cyclical issue — one thing feeds on another and we are stuck with the problem for many years to come. Vulnerable teenagers held in Victoria’s youth justice centres are living in ‘disgraceful’ conditions, where some are assaulted, units are dirty and poor hygiene is causing the In summary, the opposition will not be opposing the spread of infection, according to an explosive report by the bill, but I have serious concerns about some of the Ombudsman. philosophical underpinnings of the government’s policies at the moment. Recidivism rates are The conditions of the youth training facility in Parkville increasing — the figures are in the government’s were nothing short of disgraceful. Young people, budget papers. We are going to be locking up more normally the most vulnerable in our community, who juvenile offenders, and I have no doubt that we will be end up in a facility like Parkville are subject to locking up more adult offenders, which means that conditions that would lead to the closure of an animal subsequently we will be looking for $200 million to pound. For more than 4000 days the former $300 million to build new jails. It might sound good on government failed to act on this, and it was only in its radio as a short sound byte, but in the long run we are last 40 days that it decided to do something in response all going to be paying enormous sums of money for to the published reports. At the time the last thing it them. cared about was the welfare of the clients in its care.

I know I will not feel particularly comfortable that we At about 10.00 p.m. on Wednesday, 19 May 2010, six are paying more money but seeing less retention of youths escaped from the Parkville facility, highlighting students in schools and higher recidivism rates but in the flaws in the facility’s security. The then government the long run will be producing a bit of a cookie factory ordered a review of the Melbourne youth justice centre. and producing more criminals. I do not think that is It enlisted Neil Comrie, a former Chief Commissioner really what members of the Victorian public expect of of Police, to review the justice centre and to investigate this government or of any other government. They the concerns the community had for community safety probably expect more of an approach like that taken by and the welfare of the clients. The escape of the six the New South Wales government, which is looking to youths was the beginning of something that I do not reduce the number of people in prisons and to reduce think the former government was ready to face, and I costs over time rather than increasing them. I thank am sure Victoria was not ready to see the conditions members for the opportunity to make a small that youth justice clients were forced to live in. The contribution. Victorian Ombudsman also reviewed the Parkville precinct in October 2010, and members of the Mr BATTIN (Gembrook) — We heard some very community can read about the conditions at the centre interesting input from the member for Narre Warren in his report. The Ombudsman identified many

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

3648 ASSEMBLY Wednesday, 12 October 2011 concerns that were of high importance for the safety by officers that they may be required to undergo a and wellbeing of clients at the centre. search on entry or exit. There will be clear signage and information regarding the search and all consideration The objective of the bill is to enhance the security of the of the dignity of the person being searched will be Parkville youth justice precinct in accordance with the maintained. All frisk and strip searches, if required, will recommendations of the Comrie review, the be conducted in private and will be carried out by Ombudsman’s report and the government’s election officers of the same sex. The bill addresses the security commitments around community safety. It will also concerns that have surrounded the Parkville youth ensure that the Children, Youth and Families Act 2005 justice centre for more than a decade. is consistent with the principles of youth justice and facilitates positive outcomes for young people involved The coalition government is committed to seeing in the youth justice system. improved security at the youth justice centre whilst continuing to mop up after the neglect of the former Security in our prisons and youth justice system is government. A single point of entry to the centre is paramount for their effective operation. If the security currently been completed and will improve security of the Parkville youth justice centre is questioned on an concerns that were raised about access in recent reports. ongoing basis, it will affect the ability to manage clients A single point of entry will enable staff to store their and have a negative impact on clients achieving their belongings in a secure environment prior to formal best. The bill will create new security offences and entry to the centre. This will mean that officers will be increase the penalties for adult offenders. Existing better able to monitor who and what enters the facility provisions in the act will be amended to more closely at any time. reflect section 32 of the Corrections Act 1986, so it will be an offence for a person who is not authorised to do The questions need to be asked: why did we need these so to enter or attempt to enter a youth justice centre; reviews, and why did we neglect our most vulnerable? communicate or attempt to communicate with a It is a major concern that we send to the Parkville youth detainee in contravention of a clear order from the justice facility young offenders who require not just a secretary, and take or send or attempt to take or send sentence but also rehabilitation. The former government certain things in and out of the youth justice centre. The failed to supply appropriate education facilities or centre requires these changes for the good operation of programs to allow clients the opportunity to develop the facility. The Comrie report found the escape of the their skills. It attempted to supply TAFE programs for six youths in May 2010 had been planned some time in clients to assist in their skill development; however, advance. It required a staff member to open a door for a only 5 hours per week were offered. The former client who requested some toilet paper. The youths then government failed to act on this important issue for used weapons to escape. Mr Comrie recommended an more than 4000 days. The facility in Parkville was upgrade to security and additional compliance measures filled with graffiti, client rooms were in poor condition, to actively measure security and maintenance. there were unsafe practices and the centre contained hanging points. The Eastern Hill unit is located close to The bill also addresses the issue of secrecy offences. a boundary fence, allowing items to be easily thrown The government is introducing provisions that are in over the wall. There is a low-line roof and piping that line with the Corrections Act. This will not prevent allows detainees to climb, as well as landfill which information sharing for professional purposes or where results in pieces of glass rising to the surface. it is in the best interest of a detainee. However, it will make it an offence for a person who holds a particular This government is committed to the safety of all position, such as an officer of a youth justice centre, to Victorians. We are implementing many policies to use confidential information which was gained by improve community safety, including the employment being in that position. of 1700 new front-line police and 940 protective services officers, tougher sentencing, harsher hoon laws The bill also addresses the searching provisions I and the establishment of Victoria’s first Minister for referred to before. It will clearly define the right to Crime Prevention. Part of crime prevention is ensuring search staff, detainees and visitors. It will also recognise the rehabilitation of offenders in our community. We the need to tackle the introduction of contraband into need to send offenders to a place where they are not the centre. As it stands now, there are concerns about only going to serve their sentence but also improve the powers to search staff. The searching of staff can be their skills to ensure that they return to the community enacted should the manager of the youth justice centre with the skills they require to get on with life. A report feel there is a possible breach of security or good order to the former government showed that we were sending of the centre. Upon entry, all persons will be informed young people where they could hone their skills in

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3649 criminal activity and continue down that path. We need and programs available to move them towards a facility that gives young offenders the option when rehabilitation. they are released of getting on with life and doing what they should be doing. It is generally agreed that rehabilitation leads to less crime, recidivism and community harm and a greater We as a government have a responsibility to give these chance of a young person contributing fully to society young people the opportunity to get on with their lives. to the benefit of themselves, their families and their When young offenders are sentenced to a term of communities. To quote the coalition’s promise to the imprisonment, the penalty is the loss of liberty. It is a Victorian people: shame the former government failed to protect the human rights of these clients in its care and work We will support a youth justice system that ensures better outcomes for young offenders, and effective pathways for towards a positive outcome. There are a few members rehabilitation and community integration. opposite who like to talk in the media about human rights, but their record on this issue, as highlighted in This is a fine sentiment indeed and one that any the Ombudsman’s report, shows that their actions speak reasonable person in the circumstances would applaud. for them. A system that assists young offenders to see the error of their ways and rebuild links to the community on I support the Children’s, Youth and Families release would go a long way towards their becoming Amendment (Security of Youth Justice Facilities) Bill fully participating members of civil society. 2011 and congratulate the minister on this important legislation. I look forward to working with this In simple terms a successful juvenile justice system government on improving outcomes for our youth would rely on three things: a skilled and committed justice system to ensure that young people have the best workforce; programs proven to assist with community possible opportunities. I commend the bill to the house. integration and participation; and a facility from which they cannot escape. Then why is it that this government Ms KAIROUZ (Kororoit) — I welcome the is prepared to neglect the first and one of the most opportunity to speak on the Children, Youth and important ingredients of this simple recipe for success, Families Amendment (Security of Youth Justice its people? Why is this government refusing to Facilities) Bill 2011. Whilst the bill before us tinkers at negotiate fairly with public servants, who include the the edges of the operations of the juvenile justice hardworking staff of the state’s juvenile justice centres? system, a system which those on the government It is common knowledge that people in these roles are benches promised would be the subject of sweeping not in it for the money. Rather, they work with the most reforms in its 2010 election manifesto, I reflect with disadvantaged and troubled young people in the state some sadness on the purposes and functions of the because they believe it is the right thing to do. When juvenile justice system in Victoria and in particular on will this government do the right thing and commit to those involving young people undergoing custodial paying them properly? sentences. I turn now to the second ingredient of a successful Whilst I have some sympathy for the circumstances juvenile justice system, and that is programs which these young people find themselves in, consistent with contribute to the integration and participation of Labor’s view whilst in government, I and my offenders in the community once released. These are colleagues on this side of the house have an expectation programs which include the highly successful VCAL that young offenders will be held accountable for their (Victorian certificate of applied learning) program, first crimes. This means that where courts make judgements introduced under Labor, which has seen many of those which result in custodial sentences, offenders will serve young people who might otherwise have dropped out of their sentences in a facility that is properly run by the post-vocational education complete year 12. state. It follows that such a facility will be secure — in effect ensuring the protection of the community from A 2002 study — — young people behaving in a manner inconsistent with a civil society — as well as provide for the physical The ACTING SPEAKER (Mr Weller) — Order! I safety of the young people whilst they serve their ask the member to come back to the bill. sentences. Insofar as it provides for improved security Ms KAIROUZ — I am speaking on the bill, Acting measures at youth justice centres I have no issue with Speaker. the bill. It follows that those under sentence will serve their sentences in a facility that provides the best staff

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3650 ASSEMBLY Wednesday, 12 October 2011

The ACTING SPEAKER (Mr Weller) — Order! I leave in droves. I know you, Acting Speaker, probably do not believe the bill is about VCAL. I would like the do not want me to go to the debacle of the 940 transit member to confine her remarks to the bill. officers, so I will leave that for another time.

Honourable members interjecting. Why is it that some 10 months since being elected, the coalition continues to stride, indeed run, away from The ACTING SPEAKER (Mr Weller) — Order! many of the promises it made to the people of Victoria. The member for Kororoit, without assistance. The For example, take the promise to make Victorian Leader of the Opposition is out of his spot. teachers the best paid in Australia. What about the pledge to fully fund a pay rise for workers in the Ms KAIROUZ — A 2002 study conducted for the community, social and disability sectors? Nothing, Dusseldorp Skills Forum found that: zero, a deafening silence! In the longer run, early school leavers experience lower labour force participation, higher unemployment rates, and What is the government’s plan for juvenile justice other lower incomes than do year 12 students. than this rather perfunctory bill? Perhaps the minister might like to read the previous ministerial statement A The evidence clearly shows that early school leavers Balanced Approach to Juvenile Justice in Victoria, are also disproportionately represented in both the released in August 2000, which presented the then juvenile and adult justice systems, so why is this government’s juvenile justice reform strategy for the government cutting funding to a successful program, in youth justice system. That strategy focused on diverting VCAL, that might not only assist young people to young offenders from entering the youth justice system reintegrate upon release — — or from progressing further into a life of crime; providing better rehabilitation of high-risk offenders; The ACTING SPEAKER (Mr Weller) — Order! and expanding pre-release, transition and post-release This bill is not about VCAL; it is the Children, Youth support programs for custodial clients to reduce the and Families Amendment (Security of Youth Justice likelihood of reoffending. Facilities) Bill 2011. Young people have high rates of offending and Ms Neville — On a point of order, Acting Speaker, reoffending. This is due to a number of factors, the member for Kororoit made it clear that there is a including poor educational outcomes, unemployment, strong link between the need for juvenile justice substance abuse, disrupted family lives and poor social services and young people who do not have high and community supports. Research indicates that young educational attainment but have high rates of people are 50 per cent more likely to commit an offence unemployment. All those programs are about than adults, with about 50 per cent of these young preventing people from ending up in the youth justice people likely to reoffend. system, which is exactly what the bill is about. We on this side of the house take our responsibilities The ACTING SPEAKER (Mr Weller) — Order! I seriously, and that is why previous Labor governments ask the member for Kororoit to continue on the bill. invested in our youth justice system. This is in contrast Ms KAIROUZ — Why is the government cutting to the record of those opposite — those who have made funding for a program that might prevent people from an art form of slashing jobs and cutting real wages. For entering the system in the first place? It just does not delivering nothing more than cuts to real wages to make sense. public servants, teachers, nurses and police this government should stand condemned. Now to the third and final ingredient in a successful juvenile justice system: facilities which prevent those Mr NEWTON-BROWN (Prahran) — One of the sentenced from escaping custody. I can only hope the early hallmarks of the coalition government is that it is government gets this right. Police can hardly afford to tough on crime and tough on criminals. Members of the be spending precious time and resources catching opposition will remember that was one of the key escapees, particularly given this government’s lack of election themes that resonated within the community action on promised police numbers and the profound and helped deliver government to the coalition. It was effect this is having on the force’s capacity to do its job. clear that the Victorian public was sick and tired of the Sick leave and injury claims are at record highs while soft approach the previous government took on crime current recruitment and training of new recruits barely and criminals. covers attrition, as those who are fed up with stress caused by overwork and the spectre of real pay cuts

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3651

One of the markers of the failure of this approach was Mr NEWTON-BROWN — Well may members of what was happening in Victoria’s youth detention the opposition bleat and whine about the facts that are system. In essence it had broken down; it had being put before the house today, but the reality is that descended into chaos and turmoil through negligence the system had descended into chaos and farce under and incompetence. In the final years of the Labor the previous government. It was on former Premier government horror stories emerged. There were stories Brumby’s watch that we saw the release of an of toxic conditions, with offenders being put in dirty, Ombudsman’s report which showed that prison staff overcrowded and unsafe environments in youth were inciting violence, hurting detainees and helping detention services. They were able to harm themselves prisoners attain drugs and weapons. Our youth were not readily with sharp instruments because of slack being incarcerated in the manner in which they should security. be incarcerated. In essence, the Brumby government abandoned the kids of the state in these detention The Brumby government in effect broke down a whole centres. We knew about it only because a raft of laws and standards, reducing them to the point whistleblower reported it to the Ombudsman. Yes, it is where the government could not maintain the level of uncomfortable for the members of the opposition, but it care it had a duty to maintain. Even the United Nations is a matter of record. The opposition should be rules were breached by the manner in which children ashamed. were incarcerated in prisons. Indeed the charter of human rights was breached by the manner in which the On 6 October 2010 the then Leader of the Opposition, children were held in those prisons. now Premier, made the following comment in a press conference: Mr Foley interjected. In terms of the youth justice centre at Parkville, it is clear that The ACTING SPEAKER (Mr Weller) — Order! the government had breached many forms of legislation, The member for Albert Park is out of his place and out breached many rules. It is clear that the conditions at the centre are disgraceful; the Ombudsman says so. The of order. Ombudsman quite clearly says that the youth justice centre is a disgrace. The conditions are a disgrace. The centre is a risk, Mr NEWTON-BROWN — There were and management has not been up to the task. It is quite clear unbelievable revelations under Premier — — that Lisa Neville has failed in her job as minister to adequately oversight this operation. It is a major indictment of Mr Nardella — On a point of order, Acting this government — — Speaker, in relation to your previous rulings the Mr Nardella — On a point of order, Acting honourable member is not talking on the bill; he is Speaker, the honourable member has just cast talking about human rights and what the previous aspersions on another member of Parliament within this government allegedly did not do. I ask you to bring him house. It is against the standing orders, and I ask you to back to talking specifically on the bill. bring him back to the bill immediately. Mr Wells — On the point of order, Acting Speaker, The ACTING SPEAKER (Mr Weller) — Order! it has been a wide-ranging debate. The opposition was The member referred to by the member for Melton is in screaming blue murder when you ruled on the previous the house and could take the call. The debate on the bill speaker’s contribution on the Victorian certificate of has been wide ranging. The previous speaker spoke applied learning. I ask you to rule the member for about police pay, sick leave and issues such as that, so it Melton’s point of order out of order. has been a wide-ranging debate on this bill. I ask the Mr Foley — On the point of order, Acting Speaker, member for Prahran to be mindful that we need to be I draw your attention to the fact that your earlier rulings on the bill. in relation to the member for Koroit’s narrower Mr NEWTON-BROWN — The bill arose out of contribution to the bill should be consistent on your part the Ombudsman’s report. On 6 October the then Leader and that you should direct the member for Prahran, who of the Opposition, now Premier, made these statements has had a bad week when it comes to directions from and made it clear that if the Liberal coalition were the Chair, to — — elected to government, something would be done — The ACTING SPEAKER (Mr Weller) — Order! I and indeed with this bill something is being done. have heard enough. I ask the member for Prahran to However, the tough-on-crime approach does not come confine his comments to the bill. I note that some without responsibilities. It is easy to make tough laws lenience has been shown to most members. and incarcerate people and then neglect to address what

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

3652 ASSEMBLY Wednesday, 12 October 2011 happens in prisons. That is what the Labor Party did in takes the extra steps to improve conditions. It will make relation to public health in jails for years. The Leader of the situation safer in a number of ways. It will create a the Opposition will well remember the Ombudsman’s clear right to search all people on entry and exit, and report of five years ago in which it was recommended new security offences and secrecy provisions will be that condoms be introduced in prisons urgently. It was a enacted to ensure that confidential information is not matter of public health, yet what did the Leader of the used improperly. Opposition do as the health minister at the time? He did nothing for five years. I conclude by saying that this bill is yet another example of the Baillieu government methodically and Mr Wynne — On a point of order, Acting Speaker, quietly going about the business of implementing all of I know it is exciting for the member for Prahran to get its election commitments. We pledged in opposition to up here and make — — clean up this state and make it safer for all Victorians, and with this bill that is exactly what the Baillieu The ACTING SPEAKER (Mr Weller) — Order! I government is doing. ask the member to make his point of order. Ms BEATTIE (Yuroke) — It is always a pleasure Mr Wynne — I will make my point of order, which to follow the member for Prahran, as it gives one an is that the debate we are having on this bill today is opportunity to correct the record. I could only be more relatively confined, and it is not appropriate for the delighted by following the member for Frankston; member for Prahran to seek to strike out in the way he however, that opportunity is not afforded to me today. has and to name a number of former ministers of this Labor does not oppose the Children, Youth and house in relation to matters that do not pertain to the Families Amendment (Security of Youth Justice bill. As numerous colleagues of mine have done, I ask Facilities) Bill 2011, but the debate provides the you yet again to draw him back to the substance of the opportunity to correct some of the misnomers that have bill. been put about in quite hysterical language, with talk about the justice system descending into chaos and Mr Wells — On the point of order, Acting Speaker, what have you. It was just hysterical rhetoric that did I have been listening carefully to the debate, and all of it nothing to address the issue. has been about youth justice. If members opposite do not like it, it is bad luck, because they left the system in This legislation is in response to two reviews of the a disgraceful — — Parkville youth justice precinct in 2010 — that is, the Comrie report and the Ombudsman’s report. The ACTING SPEAKER (Mr Weller) — Order! I have heard enough from the Treasurer. I do not uphold Honourable members interjecting. the point of order. The member was being relevant. The ACTING SPEAKER (Mr Weller) — Order! Mr NEWTON-BROWN — The government’s The Leader of the Opposition might like to show some level of responsibility to the people it incarcerates is respect to the member for Yuroke. high, and it is particularly high when it comes to children. The Leader of the Opposition demonstrated Ms BEATTIE — I feel very respected by the during his time as the Minister for Health that he had no Leader of the Opposition, I might say. regard for the welfare of the people who were being incarcerated by the state. With this bill, this government In July 2010 the Comrie report came down, and in is looking after the most vulnerable members of our August 2010 that report was responded to. It came community — young offenders who are incarcerated. down in July and was responded to in August — I call We cannot forget that they are — — that action. There were eight matters for action in the Comrie report, and all of those eight matters were Honourable members interjecting. accepted by the former Brumby government. Indeed many of those matters were already under way before The ACTING SPEAKER (Mr Weller) — Order! the election was called. The member for Prahran will continue without assistance. The previous minister did a wonderful job not only in accepting the report and accepting all the matters for Mr NEWTON-BROWN — If kids are locked up, action but also in moving on those matters for action at the level of responsibility becomes much higher. This that time. At that time — and this is directly on the bill creates a legislative foundation for key security bill — the previous government committed improvements to our youth justice facilities. This bill $16.6 million over four years to upgrade the security

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3653 and operations of the centre. Even before the election not elaborate on this — what the definition is of all these matters were being put into action. The reasonable force. We would hope that the officers recommendation for additional compliance measures performing these searches would bear in mind the was accepted, and they had already begun. The dignity of detainees. The member for Prahran touched recommendation of a need to update security measures on human rights. was also accepted, funded and had already begun by the time of the election. As to the recommendation for a Mr Wynne — Did he? review of the legislation, we see the legislation here, and that was already under way. As to the Ms BEATTIE — He did. Detainees still have recommendation for improvement to recruitment and human rights. There are many people who believe that training standards, again, the previous government’s once you lock up a person you strip them of their response accepted that recommendation and a refresher human rights. We on this side of the house do not course is to be provided for all existing staff. The believe that. We believe that detainees should have recommendation for the updating of the juvenile justice dignity and full human rights. We want to know that operations manual was accepted and the review was there are appropriate checks and balances for situations under way in August 2010. where reasonable force is used. Before conducting a search of a person other than a detainee the officers will To talk about descending into chaos and what have you be required to inform the person who is entering a is absolute hysterical nonsense. It makes light of what is youth justice facility of the officers’ authority to a very serious matter — the incarceration of young conduct a search, and that person may then refuse the people. In the previous government I was a member of search and accept the consequences of that refusal. The the Drugs and Crime Prevention Committee. penalty for a person who does not consent to the search may be their being prohibited from entering the facility Mr Hulls — And you were fantastic! thereafter. The bill will also require officers conducting searches to do so expeditiously and with regard to the Ms BEATTIE — I accept the compliment of the decency and respect of the person being searched. former Attorney-General. I am not one to blow my own Another part of the legislation concerns the seizure of trumpet, but I would not disagree with his assessment items. An officer may seize contraband as a result of that I was fantastic. the search and those items — a weapon, explosive substance, a drug of dependence or items that are During our various inquiries the committee heard time suspected of being stolen — must be handed to a after time that incarceration should be the very last member of the police. resort and that we should be putting money up front to address the causes of crime, not funding more razor While the opposition supports this bill, I caution that wire to secure the premises. All the experts agreed that the officers conducting searches must be fully trained. I you should put money into preventing crime, agree with the sentiments of my colleague the member particularly with young people. We know putting for Kororoit that prison officers and those working in people into prison hardens them and teaches them more the youth justice facilities have a difficult task to wayward habits. undertake. They must have the proper training, but they must also be properly renumerated for that job. At all I want to now address the search provisions. The times, regardless of the hierarchical position of a person Children, Youth and Families Act 2005 enables within the system, whether they be someone coming to searches of visitors and detainees within a youth justice visit the detainee, the detainee or a relative, everything facility. We know sometimes there is a need for a and all matters must be handled with dignity and search. However, there is some ambiguity in this matter respect for the person and with a view to rehabilitating in relation to the searching of staff. The bill will the young person in question. establish the right to search all people — staff, contractors, detainees and visitors — before entry and The government’s position of ‘Lock them up and throw exit of a youth justice facility. A person other than a away the keys’ has been disproved time and again, not detainee — but not, and I repeat not, a judge or by people on this side of the house but by independent magistrate — may be subjected to a formal search experts, who say that the way to rehabilitate people is to using an electronic or mechanical device or an treat them with dignity and provide them with approved dog to detect drugs or to a frisk search, but opportunities. That is why members on this side of the they cannot be required to submit to a strip search or a house are so disappointed that one of the aspects of body cavity search. The bill provides that reasonable VCAL has been slashed. force may be used. I would like to ask — the bill does

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

3654 ASSEMBLY Wednesday, 12 October 2011

The ACTING SPEAKER (Mr Weller) — Order! and that includes both visitors and staff at those The member’s time has expired. facilities. The bill aims to tackle the introduction, by staff, visitors or detainees, of contraband, which Mr CRISP (Mildura) — I rise to make a includes drugs, knives and other prohibited items. As I contribution to debate on the Children, Youth and said, it is important that we address those issues. Families Amendment (Security of Youth Justice Security offences also need to be considered. In order to Facilities) Bill 2011, but before I start, if the house will improve security within the facilities there will be new indulge me, while thinking about youth, families and security offences to boost the penalties for adult children, I will wish a happy birthday to the member for offenders. People who carry contraband into facilities Bayswater, who is not going to celebrate with her will incur a penalty, not just those who receive them or family today. are caught with them within the facilities.

The purpose of the bill is to amend the Children, Youth Existing provisions of the act need to be changed, so we and Families Act 2005 to change security arrangements have to have some consequential amendments to the for youth justice facilities. There are a number of Corrections Act 1986 to bring this into effect. The act provisions in this bill, but basically it is about fixing says a person should not enter or attempt to enter a some problems that have been highlighted particularly youth justice facility without authorisation or in relation to the Parkville youth justice centre. These communicate or attempt to communicate with a problems do need fixing. As we know, some of them detainee in contravention of orders or take or attempt to occurred in the previous government’s time, and some take in certain things that should not be taken in. were addressed in the previous government’s time, but we are finishing the job. We are also delivering on our There is also a third set of offences around secrecy and promise to make Victoria more secure and to make the disclosing confidential information. As we all know, youth justice centres safe and secure. these facilities deal with people who are very vulnerable, and there is generally a long story of I will address some of the issues raised by the previous people’s lives before they end up in a youth justice speaker, the member for Yuroke. Yes, we know crime centre. The principal act makes sure that any prevention is important, but once somebody is in information relating to juveniles is kept confidential, detention, the community should be safe and the but it allows information to be shared amongst detainee should be safe. Locking up and throwing away professional people for the purpose of supplying the keys is a harsh way to view this, but once someone services that can best help detainees. is incarcerated, they, too, need to be protected and particularly as juveniles in the system. This bill is about There is also a concern as we move forward that the establishing standards and procedures in our youth rates of juvenile detention have started to rise. The justice facilities to ensure that the standards of this trend for quite a number of years was a reduction, but community are upheld. This was an election just in the last couple of years they have started to commitment particularly based on our law and order increase again. This is of great concern to our and community safety policies. community, and I see some of those concerns coming through. It is a trend across most of Australia. We need The bill also looks at the Parkville youth justice to look at the offences that are occurring, and we are precinct, which is the focus of so much of the reports I also being told that the average age at which juveniles have spoken about previously. Neil Comrie has had a enter the justice system is a little older and the offences look at it, as did the Ombudsman in an own-motion for which they are being admitted to juvenile facilities investigation in 2010 after whistleblower allegations are much more serious. In particular they involve about the site. Both reports are highly critical of the violence and other crimes that are of great concern. As conditions, and we are here to fix that today. The many speakers have mentioned in this debate, this does deficiencies identified will be addressed through the lead us to looking at what we are going to do with this. installation of CCTV (closed-circuit television) in the It is a great shame that so many young people in our precinct, surveillance and supervision, particularly of community find themselves in such serious trouble that night operations, movements in and out of the site and we need to have juvenile centres. also monitoring to prevent staff misconduct and improve compliance with policies and procedures. To conclude, the coalition will improve security at youth justice centres. We will extend search powers and The search provisions are one of the key parts of this create additional offences. I think all of us will reflect report. It is a shame that it has come to this, but it is on why we have such a growing juvenile crime issue. I necessary to search people who are entering facilities, commend the bill to the house.

CHILDREN, YOUTH AND FAMILIES AMENDMENT (SECURITY OF YOUTH JUSTICE FACILITIES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3655

Mr HOWARD (Ballarat East) — It was a bit of a upgrading youth detention facilities. I have been relief to hear the comments by the member for Mildura, pleased to visit the Malmsbury Youth Training Centre who spoke on the bill with a liberal-minded touch. He in my own electorate since I have been a member of recognised the issues and realities associated with youth Parliament and to see that the facilities there are a great detention, he recognised that in some ways it is seen as improvement on those I remember at Turana, but still a failure to have to detain young people who have done more needs to be done. the wrong thing and he recognised that the government and the broader community have a responsibility to do This bill responds to the Comrie report. I note that all they can to support young people in ways that will although changes to legislation associated with see them go down a positive path rather than end up in improving security in the Parkville youth detention youth detention. centre are appropriate, the key thing is that money needs to be spent on the youth detention system and on That was quite a contrast to the speech made by the supporting young people in general. When the Comrie member for Prahran, and it reminded me of why I am a report came out last year the former government member of the Labor Party. I am somebody who sees it committed $16.6 million over a four-year period to as important that we use government measures to upgrade security and operations in the Parkville youth support all community members, particularly young detention system. I am pleased to see that the funding is community members, that we do not overly judge continuing to flow and there are now improved people and that, if they do the wrong thing, we do not facilities in the entry area of the Parkville youth simply take the response of incarcerating them and detention centre. putting them in detention and then beating the drum of being harsh in our response to law and order. It is It is important that funding be committed to support all important that we recognise the reality of the issue — young people, especially vulnerable young people, in that people who end up in youth detention are really our community to try to keep them involved in the people who need support. community in a positive way and to keep them from falling into situations which will see them on the wrong As members of the house have heard, the opposition side of the law and involved in antisocial activities and does not oppose the bill. It follows on from the Comrie so on. I recognise that these days it is even harder to review undertaken under the former Labor government support young people as there are drugs and a whole and institutes some changes that were suggested by range of other issues that are very much at play with Mr Comrie. In looking at those issues I reflect upon my many young people who find themselves in antisocial university days when I was a member of the Melbourne situations. More needs to be done to provide support. University social awareness group, which visited the Turana youth detention centre weekly to spend time Having been a member of the former government, I am with the young detainees there. It provided an proud that much was done in this area. An amount of opportunity both to talk with them and to entertain them $34.2 million was spent on implementing the juvenile in some ways, including spending some time playing justice reform strategy, which was aimed at table tennis or whatever with them. strengthening the community-based, non-custodial options available to young people. Although people like I remember during my time there reflecting on how it the member for Prahran seem to think these are useless seemed to me that the younger detainees there were strategies that we should not be pursuing and that we generally pretty positive in their minds and saw that need to be tough with young people and bang the law they had undertaken some larks that had got them into and order drum because that is what some of our youth detention. What was of greater concern was that constituents want to hear, the reality is that we need to the older cohort in the youth detention centre seemed to do more to support young people. We should support recognise that unfortunately they were on a path, that alternatives to custodial sentences, because every time the crimes they committed were not larks and that we put a young person into a youth detention centre it somehow or other they had ended up in a situation makes them more likely to be committed to a path that where that might be their pathway in life and they will not serve them or our community well. would be in trouble with the law or in detention for the rest of their lives. Many of them did not seem to see a I am pleased that the former government committed positive future and recognised the difficulty of their funding in these areas. In its last budget the Labor situation. government committed $22 million for a range of new initiatives, including the employment of 55 new youth In those days when I visited the Turana youth detention workers and a rapid response team to work with police centre I felt that a lot of money needed to be spent on on crime and in hot spots. I am pleased to see that a

ENERGY LEGISLATION AMENDMENT (BUSHFIRE MITIGATION AND OTHER MATTERS) BILL 2011

3656 ASSEMBLY Wednesday, 12 October 2011 range of programs that were initiated under the ENERGY LEGISLATION AMENDMENT previous government are continuing, whether they be in (BUSHFIRE MITIGATION AND OTHER the education sector or the human services sector. MATTERS) BILL 2011

From my time in education I have ongoing friendships Second reading with a number of people who have worked in this area. A lot of work has been done by both the education Debate resumed from 14 September; motion of department and some of the welfare service providers Mr O’BRIEN (Minister for Energy and Resources). in the Ballarat area and across my electorate. They are working with and supporting young people who are at Ms D’AMBROSIO (Mill Park) — I rise to speak risk and their families to try to find ways in which those on the Energy Legislation Amendment (Bushfire family units can find strategies to keep the younger Mitigation and Other Matters) Bill 2011. This is an family members on a positive path. We know that that omnibus bill which seeks to amend a variety of acts is not always easy and that there will be failures in that covering energy-related areas. system, but it is vitally important that all governments and the community continue to work on this important The first group of amendments make changes to the area to ensure that all young people are supported as Electricity Safety Act 1998. The amendments that I much as possible to be part of and feel they are a part of wish to start with are related to bushfire mitigation. the community, that they have positive futures and that Specifically, division 1 requires electricity distribution their education opportunities are broadened — hence companies to make bushfire mitigation plans for the the discussions about VCAL earlier. entirety of their supply network. This amendment would replace the current requirement, introduced by We know that programs like VCAL keep young people the previous government last year, whereby the in the education system and link them across to the requirement for mitigation plans to be produced by the employment sector. That provides them with a sense distribution companies applied only to sections of the that there are options, that they are not failing in what network that were considered to be at risk. they are doing at school and that they are not failing in where they are in the community. They can see options The opposition was pleased to have received a in how the community works and opportunities to get departmental briefing on this bill, particularly with into the work sector and so on. They can see positive respect to this amendment. We understand that Energy futures for themselves. Safe Victoria (ESV), after considering the practical application of the original requirement, recommended While I am happy to support the legislation before us, it to the department that it amend this original is relatively minor. It is appropriate, as I said, but it is categorisation of the sections of electricity distribution relatively minor in terms of what we need to do to networks in terms of the requirement to have mitigation address youth crime and so on. We need to focus on the plans. positives as much as possible and to commit funding to these important areas to ensure that there continues to I understand that ESV has indicated that determining be only a small number of people who need to be put at-risk sections of the network is problematic and that it into youth detention centres because there has not been is better for the entire network to be considered when any other option for them. That is a thing I will the distribution companies prepare their mitigation continue to support. plans. These mitigation plans need to be prepared on an annual basis and audited by Energy Safe Victoria. That Debate adjourned on motion of Mr MORRIS is part of a robust set of regulatory conditions that was (Mornington). adopted in the post-Black Saturday bushfire tragedy in response to the 2009 Victorian Bushfires Royal Debate adjourned until later this day. Commission and the recommendations that arose from that.

We have been informed that this change is not expected to lead to any cost increases. The information that has been provided to the opposition is that the current checks involved in auditing sections of the power distribution network are done in a combination of ways, including desktop auditing and on-the-ground checks,

ENERGY LEGISLATION AMENDMENT (BUSHFIRE MITIGATION AND OTHER MATTERS) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3657 and that these extend beyond lines that would normally The network costs that are passed through cannot be be considered at risk. lightly considered. The government has a responsibility to do what it says it will do in terms of being open and It is a concern for opposition members that we have transparent and wanting to minimise the cost increases been informed by the department that this extension of that have to be met by families. the mitigation plans to cover the entire distribution network would not lead to additional costs. I wish to I take the opportunity, given we are discussing the raise concerns about whether this matter of cost impact mitigation plans for fire seasons, to note that Energy has been considered appropriately by the government Safe Victoria issued a media release on 9 September. It when formulating this bill. It is unclear how there will happily informed the community that it has undertaken be no additional cost impact as a result of the safety performances and an audit of Victorian amendments. This matter is particularly important electricity distribution businesses. It is positive to note when we consider that costs incurred as a result of the that the report released by ESV shows that it has maintenance works done by distribution businesses are undertaken nine separate audits of distribution normally passed on to consumers. We are all familiar businesses and the transmission business, and it has with energy cost increases in recent years occurring at a assessed how well five distribution companies have faster rate than they have previously, which has been fared in their inspection and maintenance of powerlines the subject of debate and discussion across the during 2010 by way of minimising the risk of failure community. and fire. Mr Paul Fearon is reported in that media release to have said: The opposition’s concern is that this government may not have given sufficient consideration to this question. All these initiatives together with directions on asset This government has repeatedly raised concerns, as it standards — has stated them to be, about the increasing cost of The ACTING SPEAKER (Mr Weller) — Order! electricity bills. The government has also said that it is Now would be an appropriate time to break for dinner, determined to keep the cost of living down. and the member for Mill Park will have the call when Consequently, I would have anticipated or expected the debate resumes. some evidence of a full consideration of the cost impact of extending the requirement of the mitigation plans to Sitting suspended 6.30 p.m. until 8.02 p.m. the entire network. At the very least I would have thought that a cost analysis or cost impact modelling Ms D’AMBROSIO — I am pleased to continue my would have been done. contribution to the debate on the bill. I believe I left off while making reference to a media release of We are familiar with the minister’s love of modelling 9 September issued by Energy Safe Victoria, which and costings. These have not always been on the mark, communicated a first report on the regulation of the especially in recent times. Nevertheless, on such an safety performance of Victoria’s electricity distribution important issue it would have been salutary to have had businesses. Energy Safe Victoria is doing a very good a full consideration of the cost impacts and the potential job under increased responsibilities that have been for those to be passed on to consumers. bestowed on it as a result of the tragic events of Black Saturday. What I refer to is an observation of Mr Paul I request that the minister address this issue. The Fearon on the safety performance of the distribution government well knows by now that the opposition’s businesses: request — and I repeat our request — to the government is to allow this bill to be debated in the All these initiatives together with directions on asset standards consideration-in-detail stage, because we have several and maintenance have contributed to making Victoria’s issues we wish to examine carefully and forensically electricity system safer and more reliable. which we could only do if this bill were to be debated That is a salutary comment by Energy Safe Victoria, in the consideration-in-detail stage. We seek the which is doing a fine job in implementing the many minister’s cooperation to meet that request. I think the changes that were introduced into the Parliament last broader community would also appreciate the year in particular as a response to the bushfire tragedy government doing that, so we could gain an of Black Saturday. appreciation of exactly to what extent the government has considered the cost impact and whether it has done I note that Energy Safe Victoria was given extensive any cost analyses or modelling of the effects of this powers by the previous government, including some particular amendment to the act. that have been mentioned already. However, we have yet to receive, and I eagerly await, a further report from

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Energy Safe Victoria on its auditing of companies’ The penalties that will apply to a breach of this bushfire mitigation plans for the coming fire season. provision appear to be commensurate with breaches of This is an important element of preparations for the a similar seriousness in the act — 40 penalty units for a bushfire season. I anticipate that the auditing process is person and 200 for a body corporate. continuing and the report will be disclosed to the public in the not-too-distant future so that the communities in In the brief time I have remaining I wish to also make bushfire-prone areas can rest assured that distribution some comments on another amendment — — companies are taking the steps they are required to take under the regulatory regime to mitigate bushfire risk. An honourable member interjected. That is a very important point, and I hope the minister Ms D’AMBROSIO — I have a lot to say. This may be able to enlighten us about when ESV is amendment pertains to the Victorian Energy Efficiency expected to conclude that auditing process. Target Act 2007, or VEET, which was a welcome and The bill extends the powers of the ESV to conduct successful initiative of the previous Labor government. audits into whether a responsible person is complying It was initiated as part of a robust policy agenda of that with the electric line clearance code, which is another government to reduce greenhouse gas emissions and element of the bushfire-related amendments in this bill. their equivalents, and to begin the important task of This code forms part of the Electricity Safety (Electric changing behaviour in the community regarding the Line Clearance) Regulations 2010. Further, the bill consumption of energy, which would then lead to empowers ESV to require that certain responsible reductions in carbon emissions. persons at their own cost obtain independent audits of The act did have a trigger for review. It was very clear their compliance with the code. The term ‘responsible that there was a three-year period, so targets were set persons’ applies to councils, Crown land, VicRoads and for emissions reductions between 2009 and the end of local electricity companies. It does not apply to private 2011. I am pleased to say that very quickly — soon landowners. Penalties apply to breaches with respect to after its commencement — the scheme produced in compliance. excess of the targeted emissions level. That is very ESV has been given additional powers, as I have said, important, because that is a strong record that the as a result of bushfire problems. The opposition has scheme was designed well to achieve that outcome, and asked that the bill be considered in detail. It would be we have certainly seen the benefits of that. helpful if at that time the minister were able to inform The Essential Services Commission has had the the house as to what additional resources have been responsibility of managing, overseeing and monitoring allocated to ESV to enable it to fulfil its additional that scheme, and it has worked diligently to do that. It obligations. That is important because we know these has provided much meaningful information to the matters need resourcing, and it would be helpful for the certificate creators to ensure that the scheme is as robust community to feel that ESV has the full resources it as possible and that there is integrity within the needs to be able to initiate and fulfil its obligations. certificate creation process. That is so that when we I turn now to non-bushfire related amendments. New measure the reduction in carbon emissions we can be section 43A, inserted by clause 13, creates an offence sure it is a true reflection of what is actually happening of carrying out building works which may render a in practice out in the community. That is a very building unsafe. This is a pertinent amendment. From pleasing outcome. the briefing we received from the department, it is I now wish to reflect on some important information apparent that this amendment has arisen from a request just to display how valuable and successful the scheme by ESV in light of the particular circumstances has been until recent times. In a presentation by the surrounding the insulation installation scheme. We are Essential Services Commission — an information all aware of instances where insulation has sometimes forum on 10 December 2010 — the 2010 overview been installed unsafely and by people who would graph showed that very soon after the scheme became otherwise escape a severe penalty. What is important active on 8 November 2009 it commenced to exceed here is that ESV has quite rightly recommended this the carbon emissions reductions target. It continued to amendment as a result of safety issues. It will present us exceed that target right up until December 2010, so it with a more robust and responsible application of was a very good outcome. works on buildings and the like, which otherwise would not attract a penalty. The amendment will apply to Dr Sykes — What happened then? people who are not necessarily registered under the Building Act 1993 or the Electricity Safety Act 1998.

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Ms D’AMBROSIO — The member may very well scheme, because it serves the community well and is ask what happened then. What happened then was that one that Labor is very proud to have initiated. this government came into office and we started to see a slight dip below the target that was set by this scheme, I wish now to turn to another important change. I know so perhaps this government needs to accept the clock is ticking. One important amendment — there accountability for this downward trend in the success of are several others that I may run out of time to cover — this scheme. is to the Electricity Industry Act 2000 and the Gas Industry Act 2001. This amendment caps the wrongful With respect to the Essential Services Commission, its disconnection payment scheme in certain own report to the information forum indicated that it circumstances. Labor introduced the scheme back in the was a very successful scheme. Between 2009 and 2010 early 2000s. It was a very successful and appropriate it registered more than 5.9 million certificates. scheme because we were committed to and remained Victorian energy efficiency target activities were committed to protecting consumer rights against undertaken in more than 600 000 residential premises, wrongful disconnection. The scheme was very well and there were 150 scheme participants and designed and it serves the community very well. Where 78 accredited persons. Of course new activities were in people are found to have been wrongfully play. That is very important, but I wish to note the disconnected — and ‘wrongfully’ is the operative word troubling slip under this government’s leadership. I here — a compensation payment is appropriately hope that it is simply a blip and that the scheme will payable to the person for the period during which they recover, because it is a very important scheme. remain wrongfully disconnected.

I note that in the Essential Services Commission public A review was conducted by the Essential Services forum scheme update that was presented on Friday, Commission, which took a number of submissions on 1 July, there is a slight slippage from May of this year, the $250 per day compensation payment. Submissions where the performance of the scheme dropped just from several retailers in particular stated that they were below the regulated target. I ask the government to take keen to see a cap put in place. A number of community care not to undo the good work of the scheme that was stakeholders expressed views on this issue. There created by the previous government. seemed to be a view that while one or two retailers may have identified examples of where unforeseen I pause to comment on a particular element of the circumstances had arisen, the scheme was very robust, scheme in terms of the amendments proposed about and wrongful disconnection payments did not reach which I have a bit of concern, and I certainly hope the excessive levels and certainly not on many occasions. minister is able to address this matter. One amendment Nevertheless, the Essential Services Commission will allow the Essential Services Commission, when received a submission from the energy and water considering the certificates submitted to it, to decide ombudsman (Victoria) which accepted that if the whether they are valid or not before they are actually commission was, in its draft decision, wishing to place registered as valid certificates. The amendment will a cap on the amount that was payable under the allow the Essential Services Commission to determine compensation scheme, it would accept it. But the whether it is able to reject a whole batch of certificates ombudsman indicated — this is an important point, and based on a sample size check. I suppose the concern I will quote from the submission of the ombudsman to here is that there may very well be certificates in the the Essential Services Commission — that: batch which would be found to be valid if they were checked but which, by virtue of the fact that the EWOV therefore supports the ESC’s decision to retain the Essential Services Commission will be able to discard a daily amount of $250 and to limit it to a maximum of 10 business days with the option for customers to pursue complete batch if it believes there is sufficient concern further compensation for loss occurred after this time frame about the proportion of certificates that look not to elapsed through other dispute resolution procedures. satisfy requirements for validity, will be discarded. I want to caution that the bill places a cap on the overall I certainly seek from the minister some information as amount of money that can be paid to people who are to what that sample size is and how this will operate in wrongfully disconnected. It says that a person can only practice, because certificates that are surrendered and continue to receive compensation while they remain registered generate a fee. How will the fees be wrongfully disconnected beyond 14 days if within calculated under this new regime? I think it is important those 14 days they have made contact with their for the minister to explain that. I am very keen to see retailer. That would seem to be a reasonable changes or any proposals which strengthen the VEET expectation, because there may be occasions when a retailer may not be aware that someone has been

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3660 ASSEMBLY Wednesday, 12 October 2011 wrongfully disconnected. Often these cases occur Bill 2011. The purposes of the bill are quite wide. It through administrative problems that are within the amends a number of different acts including the purview of the retailer. Electricity Safety Act 1998, the Victorian Energy Efficiency Target Act 2007, the Electricity Industry Act What is important here, though, is one element of the 2000, the Gas Safety Act 1997 and the Gas Industry view put by the ombudsman, and I think I am correct in Act 2001. saying that where there are exceptional circumstances a customer — depending on the merits of their The bill makes many amendments to the Electricity circumstances and if they can show there were Safety Act 1998, and clauses 3 to 12 deal specifically extenuating circumstances which prevented them from with aspects of the bushfire mitigation regulations. contacting their retailer — should not be unfairly Currently we have a situation where electricity disadvantaged and that they should have recourse to the distribution companies must develop bushfire dispute resolution process. It should perhaps be mitigation strategies and plans, and at the moment they highlighted that recourse to the dispute resolution do that for at-risk parts of the network. The procedures exists within the purview of the amendments proposed by the legislation will ensure ombudsman. that the obligation occurs across the entire supply network and not just to the at-risk parts of it. That is an important point. I would imagine there would be cases where the most vulnerable of customers in the Part of the legislation refers to a recommendation in the community, perhaps someone who has a mental illness, bushfires royal commission’s final report. The may not have the opportunity or the capacity to contact commission made 67 recommendations, which were all a retailer within that period but may still very much supported by the coalition at the time. I digress slightly remain wrongfully disconnected. Let us remember this to the bushfires themselves. The Morwell electorate, is about being wrongfully disconnected; it is not the which I represent, was very much impacted by the fault of a customer. In those circumstances I think it bushfires of 7 February 2009 and also by the January would have been helpful and salutary for the bushfires in the same year, which impacted the government to include a reference in the bill to townships of Boolarra and Yinnar specifically. Those protecting the customer and to accepting that it was the impacts were profound, not only across my community right of a person in extenuating circumstances, based on but also across different areas of Victoria, and our the merits of their situation, to seek further communities are still going through the recovery phase. compensation through the dispute resolution procedures Without dwelling on it too much, can I just say that which are monitored by the energy and water from a local distribution company perspective, ombudsman (Victoria). SP AusNet was absolutely fantastic in ensuring that power was restored as quickly as possible to our I think that is an important point, and it would be various communities. helpful to know, and I would appreciate the minister explaining to the house, why that suggestion was not The coalition adopted all 67 of those recommendations. taken up. It would have been an important signal to I believe that was very important because following retailers because, let us face it, some retailers are not past royal commissions on disasters across Victoria happy to pay reasonable compensation, especially for communities have generally been quite aggrieved that a wrongfully disconnecting people. But I think it would lot of recommendations sat on the table. I know there is have been helpful to send a very strong message to the a lot of satisfaction that the coalition has taken up all 67 retailers that this government supports vulnerable of those recommendations. customers in extenuating circumstances by recognising their right to seek further compensation through the The legislation deals specifically with dispute resolution procedures. I ask the minister to recommendation 34, which is that: place on the record his commitment to that as a signal The state amend the regulatory framework for electricity to retailers that that is understood and underlined as safety to strengthen Energy Safe Victoria’s mandate in being supported by the house. relation to the prevention and mitigation of electricity-caused bushfires and to require it to fulfil that mandate. My time is running out, but I wish to state that the opposition does not oppose the bill. And that is what this bill does. It makes amendments to other aspects of the Electricity Safety Act 1998, and Mr NORTHE (Morwell) — It gives me pleasure to they are referred to in part 2. It also refers to the rise this evening to speak on the Energy Legislation extension of powers for Energy Safe Victoria (ESV) to Amendment (Bushfire Mitigation and Other Matters)

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Wednesday, 12 October 2011 ASSEMBLY 3661 require audits of compliance with electric line clearance gas savings under that scheme. We have increased the plans and responsibilities. scheme twofold. What that means is that energy savings under the energy saver incentive scheme will It is important to note at this juncture that ESV will double from 2.7 million tonnes to 5.4 million tonnes per work in collaboration with other stakeholders, including annum from 2012 for three years. councils, to ensure that these clearance works are undertaken. The bill will also prohibit the carrying out In addition, businesses will be able to access the of building works that make electrical installations scheme from 2012, which is an important aspect unsafe, and the member for Mill Park referred to the because previously they have not been able to access anomaly that occurs at the moment under current this important scheme. I know that the business sector Victorian legislation whereby there is no prohibition on right across Victoria sees this as a good opportunity. It carrying out building works that make electrical is also good for retailers in that the scheme ensures that installation unsafe. The example given was pink batts they will have adequate certificates available to them insulation being installed in our roofs. There is over a period of time. The government has also made currently no provision in Victoria to ensure that they are sure that the stand-by power saver has been added to installed safely. I will not go into detail about pink batts the list of appliances that are available. This is vitally insulation; I have not got time, I am sorry. The bill also important and gives retailers, households and makes amendments to the Electrical Safety Act 1998 to businesses the opportunity to look at the different improve the operation of Energy Safe Victoria’s appliances they can utilise to not only save energy but powers of entry, search and direction. also to save on costs.

The bill makes important amendments to the Victorian Whilst the member for Mill Park made a reasonable Energy Efficiency Target Act 2007, and again the contribution to the debate on this bill, I have to say that member for Mill Park referred to particular aspects of I thought her concerns about the cost of electricity to that. What we will see through the amendments to this households and businesses were a bit hypocritical. I bill is that compliance with respect to Victorian energy direct members’ attention to the smart meters program efficiency certificates will be enhanced. The bill also rolled out by the previous government and the makes it an offence to knowingly create an incorrect significant costs imposed on households when in some certificate or a certificate that does not comply with the cases a meter has not even been installed and there is no act, amongst other provisions. real cost benefit. I do not have the time available to me to talk about the carbon tax, but obviously that federal By way of background, at the moment electricity Labor government tax is going to impose significant retailers can offer households incentives such as free or costs on households and businesses. From the discounted installation of energy-efficient products. perspective of the Morwell electorate, we are already They might take the form of lighting, heating, hot-water seeing the impact upon businesses and jobs. systems or even shower heads. The intent of the scheme is a noble one, and it has operated quite effectively over What we have done as a government is extend the a period of time; however, it can be enhanced, and that year-round discounts on electricity bills. We have been is what this government is seeking to do. There have very active, and in particular the minister has been very been some issues with particular retailers. We know, active, in making sure that households have the for example, that in February the Essential Services opportunity to receive discounts. Those who hold a Commission suspended the accreditation of a business pensioner’s concession card, a health-care card or a for 12 months for inappropriate behaviour and for veteran’s gold card now receive that concession all year breaching the legislation. In June the Essential Services round rather than for only part of the year. Commission also suspended another business for eight months, again for breaching the regulations. What we With respect to wrongful disconnection payments, seek to do in this bill is empower the ESV and others to which the member for Mill Park spoke about in her ensure that the appropriate practices are occurring with contribution to the debate, we know that there are respect to the schemes that exist in Victoria. genuine reasons why people might have their power disconnected, but by the same token we know that the The energy saver incentive scheme is a very good retailers themselves have to undertake a very rigorous scheme and something that our government has sought process to make sure they contact a person who has not to enhance since coming to power in November last paid their bill. This legislation contains sensible year. In June of this year the Minister for Energy and provisions that provide a balance between the interests Resources released a media statement announcing that of the retailers and those of consumers. I commend the the coalition government would double its greenhouse

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3662 ASSEMBLY Wednesday, 12 October 2011 minister and the government on the legislation that is with it. The member for Mill Park has been through before us tonight. most of them, and I will just add to the comments she made in relation to amendments the bill makes to the Ms DUNCAN (Macedon) — Before I make a few Electricity Industry Act 2000 to cap the payments for brief comments on the Energy Legislation Amendment wrongful disconnection in particular circumstances. By (Bushfire Mitigation and Other Matters) Bill 2011, I way of background, this follows an Essential Services would like to refer briefly to the contribution made by Commission review that was initiated by the previous the previous speaker in regard to smart meters. I remind government. In 2010 the commission recommended the member that the decision to proceed with smart that the $250 per day wrongful disconnection payment meters was a federal government decision made in continue but that, if a customer does not contact their conjunction with the other states. It will be very retailer within 14 days of being disconnected, the interesting to see how the rollout of smart meters retailer’s liability should be limited to $3500. We have proceeds. some concerns about that. There are a range of reasons why it might not be possible for somebody to notify a I have to say that one thing I would agree with in regard retailer of a disconnection within 14 days. We have to smart meters is that they are misnamed; they should heard of situations where people have been hospitalised simply be referred to as a new generation of meters, or otherwise ill and thus unable to give that notification. because that is basically all they are. They are designed to be web based, and that will happen in the future. If We are also concerned about any incentives for retailers anything, we should perhaps be calling them ‘smarter to not move to reconnect electricity because there is no meters’, with a lot more smarts to come. We have not longer a disincentive for them to do so. As long as that changed the way in which we meter electricity in this is not an outcome of this bill we support it with those state or country since Adam was a boy. It is not all that provisos. It would be good if the minister could outline revolutionary to think that electricity metering his support for people’s continued ability to appeal to technology might change over 50 or 60 years. the energy and water ombudsman regardless of whether or not they have contacted their retailer. It would also I will make a few brief comments on the Energy be good if he encouraged retailers to continue to try to Legislation Amendment (Bushfire Mitigation and Other reconnect properties as quickly as possible after the Matters) Bill 2011. As I said, the opposition will not be 14-day period has expired. With those brief comments I opposing this bill. It is an omnibus bill which has four commend the bill to the house. main purposes, all of which are bushfire related. I represent the seat of Macedon. Macedon residents are Mr SHAW (Frankston) — Thank you, Acting acutely aware of the risk of bushfires in this state and Speaker, for the opportunity to make a small support measures that will reduce the risk bushfire contribution to the debate on the Energy Legislation poses to property and lives. A significant number of the Amendment (Bushfire Mitigation and Other Matters) Black Saturday fires were caused by electricity wires, Bill 2011, which amends a few acts. It came out of the so we need to do as much as we can to reduce that risk. coalition’s adoption of the recommendations of the However, as with all risk management, it needs to be 2009 Victorian Bushfires Royal Commission. From the balanced. outset I say that while some people might think Frankston is not a bushfire area — and I guess it is not The decision by the then opposition, now government, when you compare it to the electorates of the previous to commit to approving all the recommendations of the speakers, Macedon, Yan Yean and Benalla — we have 2009 Victorian Bushfires Royal Commission even our problems as well. We have had fires in a number of before they had been released was an enormous leap of reserves, which has highlighted for us the need for faith. The impact on electricity prices of the safety and for these recommendations to be implementation of all the recommendations in their implemented. I am pleased that the government is entirety would make smart meters look as cheap as adopting the recommendations of the royal chips. We have seen the enormous price it would cost commission. to underground those powerlines. Turning back to the bill, its main purpose is to amend The main purposes of the bill are to amend the the Electricity Safety Act 1998 to extend the application Electricity Safety Act 1998, the Victorian Energy of the bushfire mitigation plans prepared by major Efficiency Target Act 2007, the Gas Safety Act 1997, electricity companies from both their at-risk supply the Electricity Industry Act 2000 and the Gas Industry networks and their other supply networks. Fires are Act 2001. As I said, the opposition will not oppose the caused by a number of things: people doing silly things, bill, but we are concerned about a number of issues accidents, what the insurance companies call ‘acts of

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God’ and electricity infrastructure. We cannot legislate entry. These amendments support the implementation against all fires or floods, but we can do the best we can of recommendation 34 of the 2009 Victorian Bushfires to reduce the risk of natural disasters. Royal Commission, which states that:

I am reminded of an iconic Australian poem from over The state amend the regulatory framework for electricity 100 years ago by Dorothea Mackellar — some in the safety to strengthen Energy Safe Victoria’s mandate in relation to the prevention and mitigation of electricity-caused house might know it — called My Country. Most bushfires and to require it to fulfil that mandate. people know the lines: The Victorian Energy Efficiency Target Act 2007 is I love a sunburnt country, one of five acts that the bill will amend. Those five acts A land of sweeping plains, are the Electricity Safety Act 1998, the Victorian Of ragged mountain ranges, Of droughts and flooding rains. Energy Efficiency Target Act 2007, the Gas Industry Act 2001, the Electricity Industry Act 2000 and the Gas That is pretty much where my poetry ends as far as that Safety Act 1997. The bill amends the Gas Safety Act is concerned. I quote from further on in the poem: 1997 to clarify the offence of supplying or selling unacceptable or unlabelled appliances and to clarify the Core of my heart, my country! search and seizure powers in the act. Land of the Rainbow Gold, For flood and fire and famine, What we are doing is modernising things and making She pays us back threefold … the processes safer through legislation. As I said before, That was written 100 years ago, and we are still having we cannot legislate against what the insurance those floods, droughts and fires. This is nothing new in companies call ‘acts of God’, but we can do our best in Australia. This is part of living in Australia — we have certain situations. We could have done so much better bushfires and floods. We cannot legislate against that with the pink batts scenario. I would not have done it type of stuff. We cannot legislate against God, as much all, but that is another thing. as many on that side may very well want to, but we can Mr Walsh interjected. help to reduce the risks, and we have to do what we can to do that. Mr SHAW — I would not have done it because I am on the wrong side of politics. I remember Black Saturday well. While I am talking about bushfires, I would like to talk about the The bill will also extend the powers of Energy Safe volunteers who were involved at that time as well. A Victoria to require audits of compliance with electrical couple of weeks ago I went to an annual dinner line clearance plans and responsibilities. I will get into attended by Country Fire Authority volunteers, and I that one in just a moment. It will cap the level of thanked them very much for their support and efforts wrongful disconnection payments that can be made to during the Black Saturday bushfires in February 2009. retail customers under the Electricity Industry Act 2000 and the Gas Industry Act 2001 and will strengthen the I turn now to the main purposes of the bill. The bill powers of the Essential Services Commission to deal creates an offence of carrying out building work that with rorting of the Victorian energy efficiency target will make a building electrically unsafe. I was a bit scheme, otherwise known as the energy saver incentive ignorant — I thought if you were going to build a scheme. building, you would want to make it safe in all sorts of areas. I return to the first point I talked about: the at-risk networks. This bill will assist in delivering the Mr Southwick — Pink batts. government’s commitment to adopting and Mr SHAW — I will get on to the pink batts shortly. implementing the recommendations of the 2009 You would want to make sure that it was built Victorian Bushfires Royal Commission. The bill correctly. Insulation is a big part of a building; it keeps contains an amendment to legislation introduced under the bills down. Was putting in the pink batts not the previous government in response to the bushfires disastrous at the federal government level? This bill royal commission recommendations. As far as the makes it an offence to do building work that makes a audits are concerned, the bill extends the powers to building electrically unsafe. That is common sense. require audits of compliance with electrical line clearance plans. Some local councils have concerns The bill also contains further provisions dealing with about the cost of meeting their responsibilities and compliance and the seizure of items under power of obligations in regard to the electrical line clearances.

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What we are doing is seeking to work cooperatively Amendment (Bushfire Mitigation and Other Matters) with the councils, and where local councils cooperate Bill 2011. From the outset, the opposition wishes to these amendments will not result in any additional costs place on record that it does not oppose this omnibus to the councils. This will assist in delivering on the bill, but it has a range of concerns which our lead recommendations of the royal commission. speaker, the member for Mill Park, and other members on the Labor side have put on the record. They are in The bill prohibits the carrying out of building works relation to the failure of the government to include in that make electrical insulation unsafe, and I touched on the bill a clause allowing a person to seek further that before with regard to the pink batts scheme. Even compensation through the energy and water though ceiling insulation is a way of keeping our bills ombudsman when there is a genuine, fair dinkum and down, the federal government, in its rush to put them meritorious case of exceptional circumstances which up, really did not think the process through. By may well prevent a person from contacting their energy correcting that situation in Victorian legislation, the retailer within 14 days. coalition is working to improve confidence in the safe installation of insulation as well as supporting There are people in our community who have a range energy-efficient outcomes for households and small of challenges — for example, some have mental health businesses in Victoria. Some may say that the left has it issues which may well preclude them from complying all together as far as the environment is concerned, but with certain expectations and indeed regulations. Others here we are saying, ‘Hey, let’s do something to keep who might be precluded from complying with energy costs down. Here is a sensible way we can do regulations are people with disabilities, particularly this. Here is a sensible way we can keep costs down for intellectual disabilities, or people who are abroad or the citizens of Victoria’. away from home.

I turn to the rorting of the energy saver incentive We need to take into account the contributions and scheme. Retailers can offer Victorian households submissions that have been made, for example, by the incentives such as free or discounted installation of Victorian Council of Social Service. In addition, and energy-efficient products, including shower roses, importantly, I wish to refer to the submission made by lighting, hot-water systems and heating. In line with our the Victorian energy and water ombudsman in a letter election commitments, the scheme will be extended to dated January 2010 that is addressed to Fiona businesses in 2012 so they too can take advantage of McKenzie, the then licensing manager of the Essential practical incentives to save on their power bills. Here Services Commission, and signed by Fiona McLeod, we are once again looking not just at bushfire the energy and water ombudsman. I refer to the third mitigation but also at cost savings for the citizens of paragraph, which states: Victoria. With the amendments in this bill the government is now acting to implement its The ESC — commitments to ensure that the scheme has safeguards Essential Services Commission — against rorting, which undermines efforts to deliver energy efficiency. has come to the conclusion that the scheme has shown some success in meeting the main policy objective, however there Mr Southwick — It is getting on with the job. are concerns about the disparity between the wrongful disconnection payment to some customers and the Mr SHAW — It is getting on with the job. Labor’s inconvenience experienced. record on environmental programs was one of expense, I remind members that it is fair to place on record some but it is not unusual for that side of the house to add of the concerns in relation to this matter, which have extra dollars — extra noughts — to the cost of any been expressed by a wide-ranging chorus in the program that is undertaken. While it has done nothing community from non-government organisations to even for the environment, the costs of electricity have risen. the energy and water ombudsman herself. Further, we What we are trying to do with the bushfire mitigation call on the minister to make a statement on the strategy is make the place safer. As I said at the start, parliamentary record that this legislation should not be we cannot legislate against acts of God, but we can do taken by energy companies as a signal to delay our best in certain areas. We also want to keep the costs reinstating connections after the 14 days have expired of electricity and other energy down for Victorian and that consumers still have the right to appeal to the families. energy and water ombudsman.

Mr LANGUILLER (Derrimut) — It gives me The bill has four main purposes. Purposes 1(a) and (b) pleasure to speak on the Energy Legislation are bushfire related. Purpose 1(a) of the bill is to make

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Wednesday, 12 October 2011 ASSEMBLY 3665 amendments to the Electricity Safety Act 1998. The Members of the government seek to ignore the fact that object of the amendments is to require the electricity when we put it in place the purpose of the VEET distribution companies to make bushfire mitigation scheme was to reduce greenhouse emissions, encourage plans for the whole supply network, not just those the efficient use of electricity and gas, and encourage previously classified as ‘at risk’. The at-risk plans investment, employment and technology development requirement was introduced in 2010. Energy Safe in industries that supply goods and services which Victoria has recommended this change to the reduce the use of electricity and gas by consumers. It Department of Primary Industries because determining was an important contribution and an important piece what is at risk is unworkable on the ground. We ask the of legislation introduced into the Parliament by the minister to not only clarify but also give assurances to former Labor government, and it is one that we are the house that these matters will be taken into absolutely happy and honoured to be able to defend, consideration. The change means that mitigation explain and put on the record again. I remind members planning will apply to the entire supply network. of the government that, if anything, they are simply continuing the very good work that Labor began while We are informed that this will not lead to cost increases. in government. This was part of the briefing received by the shadow minister and the opposition. But we wonder about cost The bill will also amend the Gas Safety Act 1987. I will increases, because if in fact further work needs to be conclude with this point. The bill clarifies the operation done, how is it that it will not generate additional costs? of the offence of supplying or selling unaccepted or The minister needs to explain whether these additional unlabelled appliances and the search and seizure costs will be a burden to the energy companies or will powers in the act. The bill also amends the Electricity in fact be passed on to consumers, which could happen Industry Act 2000 and the Gas Industry Act 2001. unless the government puts proper mechanisms and a good regime in place to protect consumers. These Members of the government and the opposition made a matters are important. The minister should come to the range of contributions. In summary the opposition’s chamber and in summing up give those assurances to position is that we have concerns, which we have the Parliament of Victoria and the consumers of outlined clearly in our contributions, in relation to the Victoria. Not just the opposition but a whole range of proposed VEET certificate registration process. We organisations in the community, including the Victorian have expressed concerns in relation to the wrongful Council of Social Service, have raised these matters. disconnection payment scheme, which does not specify They are important matters that the government should recourse for further compensation for genuine, fair take into account. How could the process not be more dinkum, meritorious cases. We also have concerns with costly if the energy companies are required to do more? costs that may be associated with creating bushfire It is a fair question that the opposition is putting to the mitigation plans for the entire electrical network. government, and the government should come into the chamber and respond to it on the record. Cost impacts We on this side will continue to defend the interests of and pass-through to consumers have potentially not consumers and communities and hold the government been sufficiently considered by the government. This is to account in relation to important matters which are an important concern. The shadow minister has raised fundamental, particularly to regional and rural Victoria it, the opposition has raised it consistently and we will but also to those of us who are in the urban areas and continue to raise these issues where it matters — in the cities of this great state. We again proudly insist that we Parliament and in the community. brought about an important piece of legislation which will encourage the reduction of greenhouse emissions, I will now refer to another important purpose of the bill, investment and employment in new technologies, and which is to amend the Victorian Energy Efficiency the efficient use of electricity and gas. With those few Target Act 2007, otherwise known as the VEET act. remarks, I commend the bill to the house. Members of the government have not had the decency to refer to this act, which was an important contribution Ms McLEISH (Seymour) — I rise tonight in made by the Labor government. We brought that act support of the Energy Legislation Amendment into this place because we understood the Victorian (Bushfire Mitigation and Other Matters) Bill 2011. Like energy efficiency target scheme should work in the the emergency management bill that I spoke on interest of the community, which it does. The initiative yesterday, this bill will allow the government to is now promoted as the Energy Saver Incentive scheme, continue to deliver on its bushfire safety commitments. and it was established under the Victorian Energy Yesterday I spoke on a bill that was linked with the Efficiency Target Act 2007. implementation of two of the Victorian Bushfires Royal Commission recommendations: 11 and 15. Today I will

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3666 ASSEMBLY Wednesday, 12 October 2011 speak on a bill that continues in the same vein but whole of their supply networks, rather than to what they where the focus is more on protecting the state and perceive as the at-risk parts of the network. The looking at reducing the risk of bushfires, and in this assessment of ‘at risk’ is a little tricky, and it has case at bushfires started by electricity infrastructure. become unworkable. I suppose on one level it might This bill supports implementation of seem reasonable to look at risk and to think that there recommendation 34. As members will know, the are some areas that are at greater risk than others. We coalition has adopted the royal commission’s do that in all sorts of businesses — we assess the risk recommendations holus-bolus, and this is one more of and often take action around the highest risk — but those that we are moving to implement. Just to remind here what is at risk today may not be at risk next month. members of this recommendation, it is that: When you are talking about something like vegetation around powerlines, it is not something that is black and The state amend the regulatory framework for electricity white. This bill removes the at-risk references. It is also safety to strengthen Energy Safe Victoria’s mandate in relation to the prevention and mitigation of electricity-caused important to note that this is not expected to increase bushfires and to require it to fulfil that mandate. the cost of submission of the bushfire mitigation plans that the major electricity companies are required to The implementation of one recommendation actually prepare. sounds quite easy, but we have to amend five bits of legislation to do that. Those bits of legislation are the With regard to the ESV, this bill will extend its powers Electricity Safety Act 1998, the Gas Safety Act 1997, to require audits of compliance with electrical line the Victorian Energy Efficiency Target Act 2007 — clearance plans and responsibilities. In addition it will that is a little more recent — the Electricity Industry prohibit the carrying out of building works that make Act 2000 and the Gas Industry Act 2001. electrical installation unsafe and will improve the operation of ESV’s powers of entry, search and The reasons I want to speak on this bill are probably direction. I want to stop here and refer to the fairly obvious, because just over two-thirds of the area involvement of local councils, because if the local of Seymour were impacted very heavily by the council is not cooperating by arranging the clearance of bushfires. This issue of fires caused through electricity growth under powerlines as it is required to do, the bill faults is one that my constituents have raised with me provides that things can happen as a result. A number many times. The cause of fires is always an issue and of councils have raised as an issue the costs of especially the question of whether they could have been conducting these works. I am not sure about the ones in prevented. This is a question that is being asked more my area, but I know that the Murrindindi Shire Council often, and I feel obligated to speak on behalf of a was dramatically impacted on by the fires and has been number of my constituents who had very deep concerns struggling with extremely low rate base and income regarding electrical safety on Black Saturday and saw streams and has many expenses as a result. I know that powerlines that were down in areas where the fire the ESV is going to work closely with councils that are started. In fact on the day immediately following the worried about the costs, and that is something that I fire, both the Premier and the Prime Minister of the very much welcome. We are talking here about the day — neither of whom is in office now — began companies that are involved in the distribution and blaming arson, and pointed the finger at one of my transmission of electricity. constituents, Ron Philpott, at Murrindindi, who was extremely disappointed and suffered enormous stress as I also want to take a moment to talk about the Victorian a result of being targeted as the cause of the fires, when Energy Efficiency Target Act 2007. This bill will people actually saw a number of electrical faults on the tighten that existing legislation, making amendments to same day. Ron now feels a lot better, but I know the deal with some of the rorting that has been identified. I stress that he went through during that process, and am pleased to note that the ESC (Essential Services many of his friends who supported him have spoken to Commission), with whom we have consulted, has me about the importance of safety around electrical identified areas that it felt have been undermined. In wires. working with the ESC we have been able to make these amendments to make sure that any savings that are I want to talk firstly then, about the Electricity Safety made are as true as possible, to try to eliminate or Act 1998. The amendments in the bill are really about reduce those rorts. extending the obligations of the major electricity companies as well as extending the powers of Energy What will this actually look like when it is put into Safe Victoria (ESV). I first want to talk about the action? There will be the introduction of sanctions for application to the major electricity companies. It those who are undermining the achievement of the extends their obligation to mitigate bushfire risk to the target. The commission will have expanded powers

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Wednesday, 12 October 2011 ASSEMBLY 3667 around the accreditation of the companies. They Black Saturday bushfires and, perhaps more include on one level things such as the revocation and specifically, to the Energy Safe Victoria (ESV) review. suspension of accreditation, and on another level, the It recommended some changes to the Electricity Safety imposing of restrictions and conditions. There would be Act, some of which increase the powers of Energy Safe many examples of other areas in the state and in the Victoria in carrying out its own audits and so on into country where there are sanctions when people try to energy safety matters. The most significant change is rort the system. It is not unusual for there to be the requirement for electricity distribution companies to restrictions or conditional licences or conditional make full bushfire mitigation plans for the whole of approval, and that is certainly welcome here. That their networks, not just those they see as being at risk. really provides additional points of reference so the This seems to be a sensible change and is in line with ESC can intervene when it thinks it is necessary. the advice from Energy Safe Victoria. But as someone who represents an electorate which has 9 of the I would like to summarise. Firstly, I note that the 52 communities across the state which have been amendments in this bill extend the application of the identified as being at risk of bushfire, I have to say that bushfire mitigation obligations of the major electricity those communities, as are others that have not been companies. On the bushfire mitigation plans, I am identified, are concerned that this government do all it pleased to say that all the major companies have can to ensure that it makes our communities as safe as submitted their plans on time to ESV. Secondly, the possible. In that light this piece of legislation is amendments extend the powers of ESV to require relatively insignificant in comparison to other works audits of compliance with electric line clearance plans that need to be undertaken. and responsibilities. Thirdly, the amendments prohibit the carrying out of works that make electrical Both the former government and the new government installations unsafe. Fourthly, the amendments promised a new fire station for the Mount Helen and strengthen the powers of the ESC (Essential Services Mount Clear area. But I note that in its first budget the Commission) to deal with the rorting of the Victorian new government has certainly not made any energy efficiency target scheme I have just talked commitment to the new fire station, even though it is in about. Lastly, the amendments cap the level of a very high fire-risk area. I hope we can get some good wrongful disconnection payments made to retail news on that soon. I have called on the minister to customers under the Electricity Industry Act 2000 and recognise that the Mount Clear and Mount Helen area the Gas Industry Act 2001, which I have not expanded needs a new fire station, its first fire station, to fit in on. with the Eureka fire plan developed for our region and to ensure that all areas in the Ballarat community can be I am pleased to commend the bill to the house, most accessed within the recommended time periods. At particularly because it is helping the coalition present Mount Clear and Mount Helen are at risk government show our commitment to those who were because the closest volunteer brigade is in Buninyong impacted by the bushfires and to protecting the state of and it takes a little while to get from Buninyong to Victoria from future bushfires through the introduction Mount Clear. The call-out time is at the high end of and implementation of the recommendations that were what is required. It still takes some time for the ongoing identified during the bushfires royal commission. I brigade at Sturt Street in Ballarat, which has career commend the bill to the house. firefighters, to access Mount Clear and Mount Helen. A new fire station there is very much required. Mr HOWARD (Ballarat East) — I am pleased to add my comments to the debate on the Energy Likewise, only last week I went with the shadow Legislation Amendment (Bushfire Mitigation and Other minister to Hepburn Springs, where I was able to show Matters) Bill that is before the house. As other the shadow minister the state of the fire station. It has members have identified, this is a relatively small piece been promised a new fire station and obviously the of legislation which makes amendments to the people are keen to see that built. A site has to be Electricity Safety Act 1998, the Victorian Energy worked out, and the government needs to be active and Efficiency Target Act 2007 and the Gas Safety Act work through the Country Fire Authority to ensure that 1997. The opposition does not oppose this legislation, the fire station is built in order to make this other as the house has already been made aware. fire-prone area, Hepburn Springs, more fire safe.

I will make some brief comments on the legislation, I note that the current government said it was going to particularly the amendments to the Electricity Safety commit to every one of the recommendations of the Act. As we have heard, the amendments provide a royal commission. In terms of fire-safe work and follow-up response to the royal commission into the electricity safety there is a lot to be done for this

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3668 ASSEMBLY Wednesday, 12 October 2011 government to fulfil its commitments in terms of SEX WORK AND OTHER ACTS undergrounding powerlines and making the power grid AMENDMENT BILL 2011 right throughout Victoria much more fire safe. My constituents and I look forward to finding out when this Statement of compatibility government will announce its intentions with the overall electricity grid. Clearly it is taking some time to Mr O’BRIEN (Minister for Consumer Affairs) identify what it will actually do on the ground to make tabled following statement in accordance with our electricity grid safer with regard to bushfire Charter of Human Rights and Responsibilities Act preparedness. That is the real action the people of 2006: Victoria are looking for, particularly those in areas like In accordance with section 28 of the Charter of Human Rights my electorate, which are identified as bushfire prone. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Sex Work and I refer to the Victorian energy efficiency target. My Other Acts Amendment Bill 2011. colleague the member for Derrimut has identified that this was a piece of legislation brought about by the In my opinion, the Sex Work and Other Acts Amendment Bill 2011, as introduced to the Legislative Assembly, is former Labor government, which we are very proud of. compatible with the human rights protected by the charter act. It put in place a scheme which promotes energy I base my opinion on the reasons outlined in this statement. efficiency — which sets energy efficiency targets, in fact — and sets out a range of areas under which that Overview of bill can be done by reducing energy, promoting alternative The purposes of this bill are to: energy sources and so on. The changes proposed in this legislation are in the form of a review and a tightening assign and clarify responsibility for monitoring, investigation and enforcement of provisions of the Sex up of the present legislation, and they look to be Work Act 1994; sensible. Therefore the opposition is not opposing those. A part of the bill relates to the Gas Safety Act continue the ban on street prostitution by extending the 1997. It makes some relatively small changes, as operation of the banning notice regime in part 2A of the Sex Work Act 1994 for a further two years; recommended by the energy and water ombudsman. Mostly they relate to wrongful disconnection, but there enhance Victoria Police’s role in investigating and are other minor changes to that act. prosecuting the owners of brothels operating without a permit under the Planning and Environment Act 1987;

This is a practical piece of legislation, one might say. tighten restrictions on persons with serious criminal However, in terms of the big issues there is a lot more backgrounds entering the sex work industry; to be done, especially with regard to bushfire-prone areas. The people of those areas are looking for this amend the Confiscation Act 1997 to broaden the range of offences relating to illegal sex work to which that act government to do a lot more, to follow on from its will apply; rhetoric about following through on every one of the recommendations of the bushfires royal commission. amend the Confiscation Amendment Act 2010 in relation to declarations of property interests and We require the government to not dally much longer. applications for exclusion from civil forfeiture, and to There is another fire season just around the corner, and extend the default commencement day of that act; and we need to see that this state is actually fire safe. Small make other miscellaneous amendments. pieces of legislation are one thing, but significant action in addressing fire risk is another. This government Human rights issues clearly needs to act in that direction. 1. Extension of banning notice regime in part 2A of the Sex Work Act 1994 Debate adjourned on motion of Mr BULL (Gippsland East). Part 2A of the Sex Work Act 1994 provides for the issue of banning notices against persons reasonably suspected of Debate adjourned until later this day. inviting or soliciting street sex work in a declared area. Part 2A was inserted by part 11 of the Justice Legislation Further Amendment Act 2010, and commenced operation on 1 January 2011. Under section 21M of the Sex Work Act 1994, part 2A is due to sunset on 1 January 2012.

Clause 15 of the bill amends section 21M to continue the operation of part 2A until the third anniversary of its commencement, 1 January 2014.

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Right to freedom of movement (section 12) lawful and not arbitrary. The interference will only occur in confined situations where a magistrate is satisfied that The banning notice regime limits the right to freedom of reasonable grounds exist to suspect a relevant offence is being movement in section 12 of the charter act, by providing police committed. In regards to the power to search without warrant, members with the power to issue a banning notice which this will only operate in situations of urgency when a search excludes a person from entering a declared area for the period outside office hours is necessary to prevent relevant evidence specified in the notice (which cannot exceed 72 hours). An being lost. Such a search must be authorised by the Chief area is declared by the Minister if the Minister is satisfied that Commissioner of Police and the relevant grounds set out in conduct contrary to sections 12 or 13 of the Sex Work Act writing. New section 78C prevents this power from being 1994 frequently occurs in the area. The notice can only be misused by obligating a court to rule inadmissible any issued if a police member suspects on reasonable grounds that evidence obtained if the necessary requirements to authorise a person is committing, or has committed, an offence under the search were not complied with. section 12(2)(b) of the Sex Work Act 1994 and the giving of a banning notice may be effective in preventing or deterring Accordingly, I consider that the powers do not limit the right the person from committing a further relevant offence. No to privacy in the charter act. notice can be issued if there are reasonable grounds for believing that the person lives or works in the declared area, 3. Expansion of offences to which court-ordered and only one notice can be given per offence. The purpose of forfeiture powers apply the regime is to reduce the detrimental impact of street sex work in residential areas caused by certain persons not Clause 16 substitutes a new clause 17 in schedule 1 to the complying with the prohibition on soliciting another person. Confiscation Act 1997 to expand the range of offences under the Sex Work Act 1994 that are triggering offences for a The extension of the operation of the banning notice regime charge-based restraining order or a discretionary does not change the operation of the scheme, engage new conviction-based forfeiture order under the Confiscation Act rights or effect new limits on rights. The banning notice 1997. regime is being extended as the original one-year period of operation was insufficient to assess the impact of the notice Currently, all indictable offences under the Sex Work Act regime. Clause 14 will amend section 21L of the Sex Work 1994 and the summary offence of operating as an unlicensed Act 1994 to require the Chief Commissioner of Police to sex work service provider contrary to section 22(1A) are submit an annual report to the Minister for Police and triggering offences in schedule 1 to the Confiscation Act Emergency Services in relation to the operation of part 2A, 1997. The inclusion of an offence in schedule 1 means that, if demonstrating the continued trial nature of this scheme and the relevant requirements are satisfied, the Director of Public commitment to monitoring its effects on the community. Prosecutions can make an application to the court for the discretionary forfeiture of tainted property under section 32 of As the scheme is being extended for a period of time that is the Confiscation Act 1997 within six months of the date of proportional to its original duration, I consider that this conviction for a schedule 1 offence. The director may also amendment is compatible with the charter act. apply for a restraining order over certain property when a person has been or is about to be charged with a schedule 1 or 2. Entry to premises schedule 2 offence.

Clause 9 inserts new sections 78A, 78B and 78C into the Sex The bill will expand schedule 1 to include the following Work Act 1994 to provide for new search powers for police summary offences under the Sex Work Act 1994: members in respect of suspected brothels. advertising sex work services contrary to section 17(1) New section 78A provides for the granting of a warrant by a to (4); and magistrate for police members to search premises where there are reasonable grounds to suspect that the premises are being carrying on a business as a sex work service provider used for the operation of a brothel in contravention of with an unlicensed partner under section 57. section 126 of the Planning and Environment Act 1987. New section 78B provides for entry without a search warrant The Confiscation Act 1997 provides for the confiscation of where the chief commissioner, outside of office hours, the proceeds and instruments of crime and property suspected believes on reasonable grounds that the premises are being to be tainted in relation to serious criminal activity. The used for the purpose of the operation of a brothel in regime, by its nature, engages a number of charter act rights contravention of section 126 of the Planning and as it contains strong powers that are primarily directed at Environment Act 1987 and that relevant evidence is likely to confiscating persons’ property. However, the strong powers be lost if entry to the premises is delayed until a search are balanced by a range of appropriate safeguards designed to warrant is obtained. protect the individual rights of persons who may be subject to the scheme. These new powers engage the right to privacy in section 13 of the charter act. The addition of new offences to schedule 1 does not amend the operation of the scheme, engage new rights or effect new Right to privacy (section 13) limits on rights. The inclusion of these offences is consistent with other offences already included in schedule 1 to the Section 13(1) of the charter act provides that a person has the Confiscation Act 1997 that relate to unlawful advertising or right not to have his or her privacy unlawfully or arbitrarily unlicensed operation in other regulated industries such as interfered with. gambling and fishing. It is appropriate for the purposes of deterrence and disgorging ill-gotten gains that the courts have To the extent that the search of premises in these situations discretionary power, subject to safeguards and satisfying the interferes with a person’s privacy, the interference will be necessary criteria set out in the Confiscation Act 1997, to

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restrain and forfeit property from which a person has profited as a sex work service provider without licence or in breach of whilst engaging in unlawful activity in the regulated sex work licence. industry. 5. Repeal of power to defer declaration of property Accordingly, I consider the addition of these new offences to interests schedule 1 of the Confiscation Act 1997 to be compatible with the charter act. Section 19A of the Confiscation Act 1997 imposes an obligation on a person believed to have an interest in property 4. Expansion of offences to which automatic forfeiture that has been restrained for confiscation purposes to give a and civil forfeiture powers apply declaration as to their own and others’ interest in that property. This assists in identifying interests in property that The Confiscation Act 1997 provides for automatic forfeiture may be subject to confiscation and persons who may wish to following conviction and civil forfeiture powers in relation to defend confiscation proceedings. a number of indictable offences under the Sex Work Act 1994 relating to the provision of sexual services by children and Clause 20 of the bill will repeal section 9 of the Confiscation carrying on a business as a sex work service provider without Amendment Act 2010, which was to insert new section 19BA a licence or in breach of a licence, where specified monetary into the Confiscation Act 1997 on 1 January 2012. This new values are involved in the offence. section was to provide the court with power to defer a person’s obligation to give a declaration of property if giving Clause 17 inserts new clause 2(ba) into schedule 2 to the that information was likely to prejudice that person’s criminal Confiscation Act 1997 to expand the automatic and civil trial. forfeiture powers under the Confiscation Act 1997 to apply to the following indictable offences under the Crimes Act 1958: Clause 21 of the bill will amend section 49 of the Confiscation Amendment Act 2010 to repeal new sexual servitude contrary to section 60AB; section 36Q, which was to be inserted into the Confiscation Act 1997 on 1 January 2012, to provide for an equivalent aggravated sexual servitude contrary to section 60AC; power in relation to a person’s obligation to give a declaration of property where that property is subject to a civil forfeiture deceptive recruiting for commercial sexual services restraining order. contrary to section 60AD; and As these provisions were to operate as a protection against aggravated deceptive recruiting for commercial sexual self-incrimination, the repeal engages the right not to be services contrary to section 60AE. compelled to testify against oneself in section 25(2)(k) of the charter act. The offences will trigger automatic or civil forfeiture if the value of the commercial benefit obtained or intended to be Right not to be compelled to testify (section 25(2)(k)) obtained from commercial sexual services is over a minimum threshold amount, which is set at $50 000 in the case of one Section 25(2)(k) provides that a person must not be offence or $75 000 in the case of more than one offence. This compelled to testify against himself or herself or to confess high threshold confines the operation of these forms of guilt. In its application to criminal proceedings, this right forfeiture to more serious criminality. encompasses the privilege against self-incrimination. The obligation to declare an interest in tainted property engages The automatic and civil forfeiture powers engage a number of the protection against self-incrimination as there is potential charter act rights; however, as discussed above, the addition for such information to be used against a person in a criminal of new offences to schedule 2 does not amend the operation proceeding, for example where a person has been charged of the scheme, engage new rights or effect new limits on with an offence and a restraining order is made. This is rights. heightened by the fact that the Director of Public Prosecutions is the body charged with bringing both criminal and The automatic and civil forfeiture powers operate in defined confiscation proceedings. and specific circumstances, and serve important policy objectives in confiscating property used in, or derived from, Sections 19BA and 36Q are being repealed due to concern serious illegal activity relating to sexual servitude or that the right to apply to defer giving a declaration of property deceptive recruiting for commercial sexual services. These interests may result in persons making spurious applications powers operate amid a range of safeguards that may modify to the court to defer their provision of a declaration of or exclude the operation of these powers depending on the property interests. It is considered that this will hinder circumstances of a particular case. These safeguards include confiscation proceedings, and that unnecessary time and the right for the accused and other persons to seek to exclude resources will be expended in defending such applications. property from the operation of restraint or forfeiture on While the repeal weakens the level of protection against specified grounds. The court also has broad powers to modify self-incrimination in the scheme, I am of the opinion that the operation of restraining orders and, in the case of civil there are still adequate safeguards in place to preserve the forfeiture, powers to make appropriate orders to address protection against self-incrimination in these circumstances. hardship. Section 12 of the Confiscation Amendment Act 2010 inserts I consider that the inclusion of these offences in schedule 2 to new section 19E into the Confiscation Act 1997 which will the Confiscation Act 1997 is compatible with the charter act come into operation on 1 April 2012. This new section and consistent with other offences already included in expands the scope of the existing protection against schedule 2 relating to commercial benefit obtained from the self-incrimination to include both direct and derivative provision of sexual services by a child or carrying on business immunity. This means that any information, document or other thing obtained as a direct or indirect consequence of

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making a statement in a declaration of property interests will civil forfeiture proceedings are brought against a person not be admissible in evidence against that person except in a acquitted of an offence. proceeding under the Confiscation Act 1997 or a proceeding for perjury. The act also inserts similar protections for civil Right to presumption of innocence (section 25(1)) forfeiture proceedings. Right not to be tried or punished more than once (section 26)

While a direct and derivative immunity should be sufficient in Section 25 of the charter act provides that a person charged itself to preserve the privilege against self-incrimination, there with a criminal offence has the right to be presumed innocent is a fair trial concern regarding a situation where a person has until proved guilty according to law. Section 26 provides that been charged with an offence and is then questioned by the a person must not be tried or punished more than once for an prosecution during the course of proceedings under the offence in respect of which he or she has already been finally Confiscation Act 1997. While no direct or derivative evidence convicted or acquitted in accordance with law. arising from a statement made in a declaration of property interests can be admitted in the subsequent criminal The nature of the exclusion order provisions means that a proceeding, there is the possibility that a parallel inquiry may court may be required to determine whether an applicant for occur, which can impact on the fairness of the criminal an exclusion order (including a person acquitted of criminal proceedings through the prosecution having the opportunity charges) engaged in unlawful activity. to obtain a declaration of property interests which may also be relevant to the concurrent criminal proceedings. In my view, this does not infringe either the right to be presumed innocent or the right against double jeopardy. In my opinion, the nature of the information required by a declaration of property interests is such that provision of the The Victorian civil forfeiture proceedings are in rem civil information would be unlikely to incriminate the person, or proceedings, which means an application is made in respect provide the prosecution with any unfair forensic advantage. In of property, rather than being directed toward a particular any event, the existing protections at common law are person. The purposes of the scheme are remedial and sufficient to safeguard against any unfairness resulting out of preventative, as opposed to punitive, and the proceedings are such circumstances. The court has the power to prevent an not aimed at establishing the guilt of any individual. Any abuse of power through any improper interference with the inquiry into the conduct of an individual only arises on the due administration of justice or contempt of court, which will application for exclusion and the test requires an applicant to prevent any residual forensic advantage being held by the prove that they were not involved in the offence in any way, prosecution in matters involving both confiscation and which is a different issue to whether the person had criminal proceedings. committed the offence.

Accordingly, I consider that this amendment is compatible I acknowledge that the European Court of Human Rights has with the right not to be compelled to testify in taken a very broad view of the scope of the right to be section 25(2)(k) of the charter act. presumed innocent in the European Convention on Human Rights. In Geerings v. Netherlands (2008) 46 EHRR 49, the 6. Test for exclusion from civil forfeiture court held that the right was engaged in forfeiture proceedings where the defendant had been acquitted of some, but not all, Section 49 of the Confiscation Amendment Act 2010 charges and the forfeiture scheme required the prosecutor to substitutes a new part 4 in the Confiscation Act 1997 that establish a prima facie case that the defendant had committed brings together and substantially re-enacts the civil forfeiture an offence. powers in that act. These amendments were due to commence on 1 January 2012. In my view the scheme of the Confiscation Act is distinguishable from the Dutch forfeiture scheme considered Clauses 22 and 23 of the bill modify the above amendments by the European Court of Human Rights, which was more in to change the matters that a person must show in order to the nature of in personam proceedings targeting specific exclude an interest from restraint for civil forfeiture or a civil persons and which required proof of a criminal offence. forfeiture order under sections 24 or 25 of the Confiscation Further, I consider that the broader interpretation of the right Act 1997. The test for exclusion substituted by the by the European court is not appropriate to Victoria. In Confiscation Amendment Act 2010 requires the applicant to Australia, it is well established that an acquittal for a criminal satisfy the court, amongst other things, that the applicant did offence does not prevent subsequent civil proceedings being not have knowledge of the offence, was not wilfully blind as issued against a person in respect of the same acts or conduct to the offence or did not condone or permit the offence. It is that was the subject of criminal proceedings. That is because considered that such a test is flawed and will raise evidential different matters are at issue and different standards of proof difficulties in practice in defending an exclusion application. apply. The bill substitutes the current test that currently exists in the Confiscation Act 1997 into the Confiscation Amendment Act Accordingly, I consider this amendment to be compatible 2010, which requires the applicant to satisfy the court, with the charter act. amongst other things, that the applicant was not, in any way, Conclusion involved in the commission of the offence. I consider that the bill is compatible with the Charter of By changing the test for exclusion to require a person to prove Human Rights and Responsibilities Act 2006, because, to the a lack of involvement in the offence, this engages the right to extent that some provisions may limit human rights, those presumption of innocence in section 25(1) of the charter act limitations are reasonable and demonstrably justified in a free and the right not to be tried or punished more than once in and democratic society. section 26 of the charter act in the particular situation where

SEX WORK AND OTHER ACTS AMENDMENT BILL 2011

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Hon. Michael O’Brien, MP will retain powers to bring proceedings for offences Minister for Consumer Affairs against sections 11A, 17, 18A, 19, 20 and 21, as these Second reading are particularly relevant to the activities of businesses carried on by licensed sex work service providers. Mr O’BRIEN (Minister for Consumer Affairs) — I move: Consumer Affairs Victoria will remain primarily responsible for monitoring the compliance of That this bill be now read a second time. individuals licensed under the Sex Work Act. The bill ensures that Consumer Affairs Victoria retains powers The Sex Work and Other Acts Amendment Bill 2011 to bring proceedings for offences relating to the implements a suite of reforms to the Sex Work Act licensing scheme for sex work service providers set out 1994 and the Confiscation Act 1997, in line with in part 3 of the Sex Work Act. It should be noted, government commitments made prior to the 2010 however, that Victoria Police will have the sole power election. to enforce the offences of carrying on business as a sex work service provider without holding a licence, or The bill delivers on the government’s commitments to assisting in the commission of such an offence. make Victoria Police the lead agency for the enforcement of laws relating to the sex work industry to In addition to the requirement that sex work service ensure that appropriate attention is paid to the removal providers obtain a licence to operate their business of criminal elements, and to amend legislation under the Sex Work Act, planning schemes require regulating the sex industry to minimise and, where those using or developing land for the purposes of a possible, eliminate any uncertainties as to enforcement brothel to obtain a permit under the Planning and responsibility. Environment Act 1987. It is an offence under section 126(1) of that act to use or develop land in The bill does this by amending the Sex Work Act to contravention of a planning scheme or permit. clarify the division of enforcement responsibilities between Victoria Police and Consumer Affairs Local government will continue to have authority and Victoria. responsibility for enforcing planning laws where brothels are operating in breach of planning Section 86(1) of the Sex Work Act currently provides requirements, for example where a planning scheme or that proceedings for an offence against the act may only conditions of a planning permit are being contravened. be brought by the director of Consumer Affairs Victoria, a person authorised by the director, or a However, as the lead agency for enforcement of laws member of the police force. Section 26 of the act sets relating to the sex work industry, Victoria Police should out the functions of the director of Consumer Affairs be able to take appropriate action where premises are Victoria. being used to operate a brothel without the requisite planning permit. The bill therefore amends the Sex The bill amends section 86 of the Sex Work Act to Work Act to provide police members with specific make Victoria Police the lead enforcement agency for entry powers where there are reasonable grounds to the enforcement of laws relating to the sex work believe that premises are being used for the purpose of industry, by providing that, subject to new the operation of a brothel where there is not in force, for section 86(1A), proceedings for an offence against the those premises, the requisite planning permit. These act may only be brought by a police member. New entry powers are subject to tight restrictions. section 86(1A) provides that the director of Consumer Affairs Victoria may bring proceedings for an offence Section 80 of the Sex Work Act is amended to clarify against a provision referred to in section 26(a), which is that an authorised member of the police force may also amended by the bill. apply to the Magistrates Court for a proscription order under section 80 of the Sex Work Act on the grounds Together, the amendments to sections 86 and 26 make that premises are being used as a brothel without the it clear that Victoria Police is the only enforcement requisite planning permit. Currently, a police member’s agency that can bring proceedings in relation to ability to make such an application is restricted. banning notices for street sex work under part 2A and planning controls on brothels under part 4, and to deal The bill also amends section 80 to clarify that evidence with illegal brothels through proscription orders under that may be taken into consideration by a court in an part 5 of the Sex Work Act. Victoria Police will also be application for a proscription order includes evidence the lead enforcement agency regarding offences under that the premises to which the application relates have part 2 of that Act, though Consumer Affairs Victoria

ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3673 been used for the purposes of the operation of a brothel forfeiture proceedings. The bill makes minor during a period before the 14-day period to which the amendments to the Confiscation Amendment Act to application relates. This removes doubt about the reinstate the previous requirements that applied in this admissibility of such evidence in applications for regard. proscription orders. Finally, the bill makes a number of consequential The bill delivers on the government’s commitment to amendments to the Sex Work Act and Confiscation maintain and actively enforce the ban on street Amendment Act, and provides for transitional prostitution, by extending the operation of the banning arrangements necessary as a result of amendments to notice regime in part 2A of the Sex Work Act for a the Sex Work Act and Confiscation Act. further two-year period. The Chief Commissioner of Police will be required to report data relating to the I commend the bill to the house. operation of the regime within three months of the end of each calendar year. Debate adjourned on motion of Mr HOLDING (Lyndhurst). A further amendment made by the bill will ensure that the Business Licensing Authority must refuse an Debate adjourned until Wednesday, 26 October. application for a licence to carry on business as a sex work service provider where the applicant has, at any ELECTRICITY INDUSTRY AMENDMENT time, been convicted of or found guilty of a (TRANSITIONAL FEED-IN TARIFF disqualifying offence (namely, an indictable offence) that renders the grant of a licence to that person against SCHEME) BILL 2011 the public interest, having regard to the nature of the Statement of compatibility offence and the date on which it was committed. Currently, an application may be refused if the Mr O’BRIEN (Minister for Energy and Resources) applicant has been convicted of a disqualifying offence tabled following statement in accordance with within the preceding five years. Charter of Human Rights and Responsibilities Act 2006: The government also committed prior to the 2010 election to strengthen proceeds of crime legislation to In accordance with section 28 of the Charter of Human Rights provide for a wider range of offences relating to illegal and Responsibilities Act 2006 (charter act), I make this sex work that will attract sanctions. statement of compatibility with respect to the Electricity Industry Amendment (Transitional Feed-In Tariff Scheme) Bill 2011. The bill delivers on this commitment by expanding powers under the Confiscation Act for forfeiture upon In my opinion, the Electricity Industry Amendment court order following a conviction. These powers are (Transitional Feed-In Tariff Scheme) Bill 2011 as introduced widened to apply to the offences of carrying on into the Legislative Assembly is compatible with the human rights protected by the charter act. I base my opinion on the business as a sex work provider with an unlicensed reasons outlined in this statement. partner, and various offences relating to the illegal advertising of sex work services under the Sex Work Overview of bill Act. The bill also expands powers in the Confiscation This bill amends the Electricity Industry Act 2000 (Electricity Act for automatic forfeiture following conviction, and Act) and the National Electricity (Victoria) Act 2005 to civil forfeiture. These powers are expanded to apply to establish a new system to replace the current premium solar more serious sexual servitude offences under the feed-in tariff scheme once it reaches its capacity. The bill sets Crimes Act 1958. The changes introduced by the bill out the criteria for eligibility for the new transitional feed-in tariff scheme, the tariff rate and the reporting obligations for ensure that authorities are better equipped to disrupt and retailers and distributors under the scheme. deter illegal sex work activity and to deprive persons who engage in such activity of their ill-gotten gains. Human rights issues

The bill also amends the Confiscation Amendment Act This bill does not engage any rights under the charter act. 2010 to address specific practical concerns about the Conclusion operation of amendments introduced by that act that relate to the timing of obligations for persons to give I consider that the bill is compatible with the charter act because it does not raise a human rights issue. information about their interests in property that has been restrained for confiscation, and the matters that a Michael O’Brien, MP person must prove to exclude their property from civil Minister for Energy and Resources

ELECTRICITY INDUSTRY AMENDMENT (TRANSITIONAL FEED-IN TARIFF SCHEME) BILL 2011

3674 ASSEMBLY Wednesday, 12 October 2011

Second reading scheme has reached its statutory capacity. The capacity condition specified in the act, of qualifying solar Mr O’BRIEN (Minister for Energy and energy-generating facilities of 100 megawatts, is likely Resources) — I move: to be reached by the end of this year. This is well ahead of what was anticipated in 2009, when the premium That this bill be now read a second time. solar feed-in tariff scheme was established. The main purpose of the bill is to amend division 5A of part 2 of the Electricity Industry Act 2000 to establish a The premium solar feed-in tariff scheme will be closed transitional feed-in tariff scheme which is expected to to new applicants as soon as practicable after it reaches commence operation on 1 January 2012, after the its 100 megawatt cap under the act. If the scheme is not closure of the current premium solar feed-in tariff closed, there is a significant risk of a material increase scheme. in costs for Victorian electricity customers, and that increase is expected to escalate over time. This closure will not be retrospective. Existing customers already receiving the premium rate will Given that the cost of funding feed-in tariffs is borne by continue to receive that rate for the remainder of the all electricity users, including those on concessions and 15-year legislated period, until 2024. others who may not be able to install roof top photovoltaic panel systems, the government is acting to Currently there are two feed-in tariff schemes ensure that the level of subsidy is equitable. established by the Electricity Industry Act 2000: Due to the ‘pipeline’ of customers currently in the the general feed-in tariff scheme established in 2004; process of installing solar panels, the closure of the and scheme is being carefully managed to provide consumers with clear time frames in which to conclude the premium solar feed-in tariff scheme introduced outstanding premium solar feed-in tariff applications to in 2009. final connection, and to prevent rogue installers from misleading new customers. These schemes allow small customers to enter into a contract with their electricity retailer to receive The government announced that customers who have payments for the excess electricity generated by small already paid a deposit or are already having solar scale renewable generators at their premises. systems installed must make sure all the required paperwork has been submitted to their electricity The costs of these schemes are not funded by the state suppliers before 30 September 2011, in order to be government. The premium solar feed-in tariff scheme is considered for the premium solar feed-in tariff scheme. funded via the electricity bills of all customers within a This arrangement facilitates the upgrading of customer given distribution area, whether or not they participate metering and completion of the premium solar feed-in in the scheme. The general feed-in tariff scheme is tariff application process before the final scheme funded by electricity retailers who generally pass on the closure date, expected to occur on 30 November 2011. costs to all retail customers through higher electricity bills. Amendments to the Electricity Industry Act 2000 are necessary to establish a transitional feed-in tariff The general feed-in tariff scheme commenced in 2004 scheme. The main features of the amendments in the offering a similar rate of payment for electricity bill to establish the new transitional feed-in tariff exported to the grid as customers pay for electricity scheme are: consumed from the grid, typically in the range of 20 to 24 cents per kilowatt hour. the scheme will be open to the same category of new customers as the soon-to-be-closed premium solar The majority of customers who install solar feed-in tariff scheme — those installing solar photovoltaic roof top panels now apply for the premium photovoltaic solar panels of 5 kilowatts or less; solar feed-in tariff scheme which has a feed-in tariff rate of 60 cents per kilowatt hour. The premium solar the scheme will be funded by the same method as feed-in tariff scheme is open to customers who install the premium solar feed-in tariff scheme — the cost solar panel systems of 5 kilowatts or less. will be passed onto all customers in the relevant distribution area; Division 5A of part 2 of the Electricity Industry Act 2000 provides for the premium solar feed-in tariff scheme to be closed to new qualifying customers if the

VICTORIAN RESPONSIBLE GAMBLING FOUNDATION BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3675

a fixed feed-in tariff rate of 25 cents per kilowatt Debate adjourned on motion of Mr HOLDING hour and a scheme duration of five years will be (Lyndhurst). offered to eligible customers; Debate adjourned until Wednesday, 26 October. The scheme may be closed in the future to new applicants when either a capacity cap of 75 megawatts or an annual consumer cost cap of $5 VICTORIAN RESPONSIBLE GAMBLING is reached, or at the discretion of the minister; FOUNDATION BILL 2011

customers installing solar photovoltaic panels of Statement of compatibility 5 kilowatts or less who are eligible for the transitional feed-in tariff scheme will be excluded Mr O’BRIEN (Minister for Gaming) tabled from applying for the general feed-in tariff scheme following statement in accordance with Charter of in the Electricity Industry Act 2000; Human Rights and Responsibilities Act 2006: In accordance with section 28 of the Charter of Human Rights the bill will not have any retrospective effect on any and Responsibilities Act 2006 (charter act), I make this existing feed-in tariff scheme customer. statement of compatibility with respect to the Victorian Responsible Gambling Foundation Bill 2011. The government continues to support renewable energy’s important role as Victoria makes the transition In my opinion, the Victorian Responsible Gambling Foundation Bill 2011, as introduced to the Legislative to a lower emissions future. The new transitional Assembly, is compatible with the human rights protected by feed-in tariff scheme will provide a fair price to the charter act. I base my opinion on the reasons outlined in households feeding solar power back into the grid. this statement.

Since the introduction of the premium solar feed-in Overview of bill tariff scheme, the cost of small-scale solar systems has The Victorian Responsible Gambling Foundation Bill 2011 dropped by around 50 per cent and is predicted to establishes an independent body, the Victorian Responsible continue to fall, removing the need for excessive Gambling Foundation, with a mandate to reduce the government solar incentives. prevalence of problem gambling, the severity of harm related to gambling and to foster responsible gambling in Victoria.

Unlike many other states, which have closed down their The creation of the foundation by the Victorian Responsible feed-in tariff schemes to new customers, Victoria’s new Gambling Foundation Bill 2011 will ensure that there is a transitional feed-in tariff scheme will provide a fairer, suitably qualified and resourced independent body with more sustainable approach which reduces the boom and responsibility for providing an integrated approach to the bust cycle for the solar panel industry and provides one delivery of problem gambling counselling and treatment services, communication and education strategies, and of the most generous rates on offer. The new scheme research. will still mean people investing in rooftop solar systems will have an average payback period of less than Human rights protected by the charter act that are 10 years, about the same as forecast when the premium relevant to the bill solar feed-in tariff scheme was first introduced in 2009. The Victorian Responsible Gambling Foundation Bill 2011 does not engage the charter act. The bill will also amend the Electricity Industry Act 2000 to improve reporting obligations imposed on Consideration of reasonable limitations — section 7(2) distributors and retailers with respect to the feed-in As the bill does not engage any of the rights under the charter tariffs. In addition, the bill repeals the requirement to act, it is not necessary to consider section 7(2) of the charter review the premium solar feed-in tariff scheme by act. 30 June 2012, given that scheme will already be closed Conclusion by that date. In accordance with the Baillieu government’s election commitment, the Victorian I consider that the bill is compatible with the charter because Competition and Efficiency Commission will be it does not raise any human rights issues. completing a review of feed-in tariff schemes in 2012. Hon. Michael O’Brien, MP This review will inform longer term policy with respect Minister for Gaming to feed-in tariffs, particularly in light of the federal government’s proposed carbon tax and associated energy policies.

I commend the bill to the house.

VICTORIAN RESPONSIBLE GAMBLING FOUNDATION BILL 2011

3676 ASSEMBLY Wednesday, 12 October 2011

Second reading programs, advertising campaigns, treatment services and problem-gambling-related research. Day-to-day Mr O’BRIEN (Minister for Gaming) — I move: decisions about these programs will be made at arm’s length from the government of the day. That this bill be now read a second time. The Victorian Responsible Gambling Foundation Bill The bill, which draws heavily upon the successful 2011 establishes the Victorian Responsible Gambling VicHealth model, will create a service delivery body Foundation, a new organisation with a mandate to focused on an important public health issue that the reduce the prevalence and severity of problem government expects will attract both bipartisan and gambling and to encourage responsible gambling in this community support for its work. state. In line with establishing an independent entity, the bill The creation of the Victorian Responsible Gambling provides the foundation with day-to-day Foundation is the flagship of the coalition government’s decision-making powers regarding the delivery of its responsible gambling policy, and signals the start of a objectives and functions. new era in the prevention and treatment of problem The bill provides the foundation with the responsibility gambling in Victoria. to develop and implement prevention, communication The first of its kind in Australia, the foundation will be and education strategies, to work with established encouraged to take a new and innovative approach to organisations such as Gambler’s Help to deliver tackling problem gambling in Victoria. Its creation will counselling and treatment services, and to commission make Victoria a national leader in harm minimisation problem gambling research relating to the foundation’s and prevention programs. No other Australian state or objectives and functions. territory has such a body and no other jurisdiction has The bill also empowers the foundation, within the made anything like the $150 million investment we context of its objectives, to provide information and have committed to the foundation over the next four advice to individuals and organisations on processes years. relating to the provision of gambling. This is an In a tight budgetary environment, the government’s important educative function that will enable record funding commitment signals our clear and individuals and organisations to effectively engage in unequivocal commitment to addressing problem the processes regarding the provision of gambling. gambling with the seriousness it warrants. While not specified in the bill, it is intended that the The creation of the foundation acknowledges concern foundation will undertake its information and advice in the community that there is a tension between the function through the establishment of a separate office role of government as a regulator of gambling within its organisation to be known as the Gambling activities, a beneficiary of gambling taxation revenue Information Resource Office. and a body responsible for delivering problem The new integrated regulator, the Victorian gambling programs and services. Commission for Gambling and Liquor Regulation, The bill addresses this tension by establishing an another of the Baillieu government’s election independent entity focused solely on the treatment, commitments, will be empowered to perform a research and education activities necessary to address complementary education function that will focus on the complex issue of problem gambling. increasing public and industry knowledge of the regulatory practices and requirements of the regulator. It is not usual practice for governments to hand over control of sensitive functions to independent bodies, The foundation will not be an advocacy body. It will much less to a body on which the opposition is not be a policy-making or policy advisory body. Its role represented. However, the Baillieu government will be to deliver services, conduct community recognises that if our state is to do better in addressing education and commission research related to its problem gambling, we need to be innovative and seek objectives and functions. While it may provide advice to engage people of goodwill from across the to government on matters related to those functions, its community, including both sides of Parliament. role does not include taking a position in community debates about gambling or lobbying government for For the first time, Victoria will enable a bipartisan policy or regulatory reform. approach to the design and delivery of prevention

WATER LEGISLATION AMENDMENT (WATER INFRASTRUCTURE CHARGES) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3677

At the heart of the foundation’s operation will be the required to consult with the minister before departing establishment of a board that will guide and provide significantly from the business plan. good governance to the foundation. In addition, the foundation will be required to report to As is the case with VicHealth, the foundation’s board Parliament each year on its operations, in accordance will include three members of Parliament elected by a with the Financial Management Act 1994. joint sitting of both houses. Like VicHealth, it is intended that one board member will be drawn from Like VicHealth, the bill also enables the Minister for each of the parliamentary Liberal, National and Labor Gaming to issue directions to the foundation in relation parties. This bipartisan approach has often been cited as to its objectives and functions. Such directions must be a critical element of VicHealth’s success and longevity, published to ensure that both the minister and the and it is for this reason that this approach has been foundation will be accountable for the issuing of, and adopted for the foundation. compliance with, any issued direction.

The board will also have up to eight additional The accountability provisions in the bill will provide for members, which will include a chair and deputy chair, effective and appropriate oversight of the foundation, who will be appointed for their ability to ensure the while not impinging on the foundation’s independence foundation achieves its objectives and carries out its and day-to-day operations. functions. The bill before the house establishes a new entity that The bill establishes the position of chief executive can dedicate its effort to addressing problem gambling, officer, who will be appointed by the Governor in minimising gambling-related harm and fostering Council on the recommendation of the Minister for responsible gambling behaviours. Gaming. Similar to the VicHealth model, the minister will be required to consult with the board about this This is the beginning of an exciting new era that will appointment. firmly establish Victoria as a national and international leader in tackling problem gambling. The bill empowers the chief executive officer to manage the day-to-day operations of the foundation, I commend the bill to the house. with the chief executive officer being accountable to the Debate adjourned on motion of Mr HOLDING board for his or her performance. (Lyndhurst).

The bill provides for the chair of the foundation to Debate adjourned until Wednesday, 26 October. employ staff, as a public service body head. The foundation’s staff will be employed as public servants and subject to the Victorian public sector code of WATER LEGISLATION AMENDMENT conduct, yet will be accountable to the chair and not a (WATER INFRASTRUCTURE CHARGES) departmental secretary. BILL 2011

To ensure that the foundation has a clearly identified Statement of compatibility funding source, the bill establishes a new fund, to be known as the Responsible Gambling Fund, which will Mr WALSH (Minister for Water) tabled following provide the foundation with its annual funding from the statement in accordance with Charter of Human Community Support Fund. Funding for the foundation Rights and Responsibilities Act 2006: will come from the CSF as a first call. In accordance with section 28 of the Charter of Human Rights Given the significant funding the government will and Responsibilities Act 2006, I make this statement of provide to the foundation, the bill establishes a robust compatibility with respect to the Water Legislation Amendment (Water Infrastructure Charges) Bill 2011. accountability framework, which is designed to ensure that the foundation delivers on its objectives and In my opinion, the Water Legislation Amendment (Water functions and provides value for money to Victorian Infrastructure Charges) Bill 2011, as introduced to the taxpayers. Legislative Assembly, is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement. The foundation will be required to develop an annual business plan, in consultation with the minister, setting out its objectives and priorities for the future. This plan will be publicly available and the foundation will be

WATER LEGISLATION AMENDMENT (WATER INFRASTRUCTURE CHARGES) BILL 2011

3678 ASSEMBLY Wednesday, 12 October 2011

Overview of bill VCAT. The grounds include a right of review for persons aggrieved by the setting of a tariff or imposition of a payment Under the Water Act 2007 (cth) and the subordinate Water in relation to water charges that are not set in accordance with Charge (Infrastructure) Rules 2010 (WCI rules) (collectively a water industry regulatory order (WIRO) made under the the commonwealth scheme), the commonwealth has Water Industry Act 1994. The result of the commonwealth established its own system for the making of price scheme is that water charges for the MDB will always be determinations for specific infrastructure services (basin water made outside the scope of the WIRO regardless of whether charges) within the Murray-Darling Basin (MDB) region of the ESC, under the applied Victorian provisions, or the Victoria (northern Victoria). Under the commonwealth ACCC, as regulator, approve or determine the basin water scheme by 1 July 2013, two Victorian water corporations (the charges. Lower Murray Water Corporation and Goulburn-Murray Water Corporation) will be required to calculate and impose To avoid an inconsistency between the legislative scheme basin water charges on its customers in accordance with the proposed in the bill and the commonwealth scheme, the bill determinations of the Australian Competition and Consumer will carve out the statutory review rights within sections 266 Commission (ACCC) made under the WCI rules. and 271 of the state water act as not being applicable to basin water charges determined for the purposes of the WCI rules. The bill will apply certain parts of the WCI rules, referred to This is because the existing ground of consistency with the as the applied provisions, as state law to enable the Essential WIRO is not relevant to the approval or determination of Services Commission (ESC) to approve or determine basin water charges in relation to the MDB. If the amendment was water charges for the provision of certain water services in not made, then every water charge levied in relation to the northern Victoria. MDB could potentially be challenged as the ESC or ACCC would not, and in fact could not, consider the WIRO in To achieve this, the bill will enable the ESC to apply to the making its decision. ACCC for accreditation of arrangements to approve or determine these state basin water charges. If the ESC is Any rights to judicial review in state courts in relation to the successful in its application for accreditation, the ESC will setting of a tariff or fee or imposition of a payment will not be replace the ACCC as regulator and be required to approve or impacted by the bill. determine these basin water charges in accordance with the WCI rules, which will operate through the applied Victorian Additionally, under sections 55 and 62 of the Essential provisions as state law. If the ESC is not successful in Services Commission Act 2001 (ESC act), a person aggrieved applying for accreditation, the applied provisions of the WCI by a determination of the ESC has a limited ground to appeal rules will not operate as state law, and the ACCC will remain such a decision to a three-person ESC panel. The ground for the regulator with the power to approve or determine basin appeal under section 55 is limited to determinations based on water charges in northern Victoria. bias or material factual error. In addition, the ability to bring a proceeding on the ground for appeal under section 55 is In addition, the bill will make a number of other amendments further limited by section 62, which requires that a proceeding to ensure it does not affect the ESC’s powers and functions as may only be brought if there was no power to make the the economic regulator of the water industry in relation to determination or the procedural requirements in relation to the matters outside the Commonwealth scheme and/or the state determination were not met. applied law scheme. Lastly, the bill amends the Water Act 1989 (state water act) to make clear that the levying of water Under the applied Victorian provisions, ESC’s approval or charges approved or determined for the purposes of the WCI determination of a basin water charge for the purposes of the rules (either by the ESC or the ACCC) is not subject to WCI rules would not be a determination within the scope of review by the Victorian Civil and Administrative Tribunal determinations under the ESC act. This is because an (VCAT). approval or determination of a basin water charge for the purposes of the WCI rules does not involve ESC’s functions Human rights issues in relation to a regulated industry as required by the ESC act. Therefore, the bill disapplies this review ground for 1. Human rights protected by the charter act that are determinations related to basin water charges made by the relevant to the bill ESC for the purposes of the WCI rules. Likewise, this appeal ground would not be available if ESC was not successful in Right to a fair hearing accreditation and the ACCC, under the commonwealth scheme, made the determination related to a basin water Section 24 of the charter act provides that a person charged change. This disapplication of the appeal ground under the with a criminal offence or a party to a civil proceeding have ESC act is similarly disapplied in the Victorian Renewable the right to a fair hearing. The right to a fair hearing applies to Energy Act 2006 and the Victorian Energy Efficiency Target both courts and tribunals, such as VCAT. Generally the right Act 2007. to a fair hearing is concerned with procedural fairness and access to a court or tribunal, rather than the substantive A person’s right to judicial review through the state courts of fairness of a decision of a court or tribunal determined on the an approval or determination of a basin water charge made by merits of a case. the ESC as regulator will not be impacted. In fact access to the state judicial system will be greater in that the limitations The bill engages this right because clauses 8, 10, and 11 of the on the jurisdiction of the Supreme Court in sections 62 and 63 bill operate to confirm that the levying of basin water charges of the ESC act will not apply in relation to the approval or approved or determined for the purposes of the WCI rules determination of basin water charges. will not be subject to merits review by VCAT. In summary, although the bill engages section 24 of the The state water act, in sections 266 and 271, provides for a charter act as outlined above, it does not limit, restrict, or specific ground on which a person may seek merits review in

WATER LEGISLATION AMENDMENT (WATER INFRASTRUCTURE CHARGES) BILL 2011

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interfere with the scope of that right because persons The ESC will be able to regulate basin water charges, impacted by this bill will have access to a fair hearing through instead of the ACCC, if Victoria applies the the state or commonwealth judicial systems. commonwealth legislative arrangements as state law Conclusion and the state arrangements receive accreditation by the ACCC I consider that this bill is compatible with the charter act.

Peter Walsh, MLA This bill will enable the ESC to take back its role of Minister for Water regulating basin water charges in northern Victoria. Second reading The objective of this bill is to enable the ESC to apply to the ACCC for accreditation of the arrangements to be Mr WALSH (Minister for Water) — I move: enacted by the bill, under which the ESC may then approve or determine basin water charges, instead of That this bill be now read a second time. the ACCC. Until earlier this year, Victoria’s economic regulator, the Essential Services Commission, has been the The bill will achieve this by incorporating relevant parts regulator of all water prices charged by our state water of the commonwealth rules, the ‘applied provisions’, as corporations. state law. The ESC may then apply to the ACCC for accreditation of these state applied provisions after the However, as a result of the Commonwealth Water Act bill has come into effect in Victoria. If the arrangements 2007 and the Commonwealth Water Charge are accredited by the ACCC, and we anticipate they (Infrastructure) Rules 2010, the Australian Competition will be, the bill enables the ESC to approve or and Consumer Commission can now approve or determine basin water charges. determine the charges imposed by infrastructure operators in northern Victoria that manage more than The bill has been drafted to satisfy the criteria for 250 gigalitres of water per year. accreditation set out in the Commonwealth Rules.

The prices that can be approved or determined under Under the bill, the ESC will be required to determine the Commonwealth Rules are water infrastructure basin water charges in accordance with the applied charges for irrigation and drainage services, provisions. disconnection from such services and for bulk water The bill does not change the criteria that already apply services. This currently applies to these types of to basin water charges, as that criteria changed when services provided by two of Victoria’s water the commonwealth rules came into effect on 12 January corporations, Lower Murray Water Corporation and this year. Goulburn-Murray Water Corporation in relation to their charges after 1 July 2013. To avoid a potential conflict between the proposed state and existing commonwealth legislative schemes, the The arrangements for determining charges under the bill excludes the application of a number of the ESC’s Commonwealth Water Act and the commonwealth existing powers and functions to its role of approving or rules represents the new status quo in northern Victoria determining basin water charges. Similar provisions for basin water charges from the start of the next under, or consistent with, the commonwealth rules or pricing cycle on 1 July 2013. This is so, irrespective of the Commonwealth Water Act will be effective instead. which economic regulator makes the pricing decisions. There are many benefits in regaining the ESC as The Victorian government accepts the commonwealth Victoria’s regulator of basin water charges. government’s objective of having a consistent set of rules for water infrastructure charges apply to rural The bill will reduce the administrative burden for the water services across the Murray-Darling Basin. But relevant water corporations by avoiding their having to the Victorian government considers that is it not submit and negotiate their basin and non-basin pricing necessary to have more than one regulator approve or plans with two regulators. determine prices and charges for water services across Victoria. Victoria can avoid unnecessary duplication by Further, from its years of experience in regulating enabling the ESC to apply to the ACCC for Victoria’s water industry, the ESC holds long-term and accreditation of the provisions to be applied by the bill detailed corporate knowledge of Victoria’s water as state law and enable the ESC to regulate basin water infrastructure and water service requirements. charges.

ENERGY LEGISLATION AMENDMENT (BUSHFIRE MITIGATION AND OTHER MATTERS) BILL 2011

3680 ASSEMBLY Wednesday, 12 October 2011

The ESC’s familiarity with the key challenges facing minister makes a statement, effectively on the record, northern Victoria means that it is in a good position to that energy companies will not take the legislation as a ensure a smooth transition to the new regulatory signal to delay reinstating connections until after that arrangements including the integration of these 14-day period has expired and, ultimately, that arrangements with Victoria’s broader strategic priorities consumers will still retain rights to appeal to the energy associated with the basin plan and the Northern and water ombudsman. Victorian irrigation renewal program. There is a series of amendments to be incorporated The ESC also holds in-depth understanding of the within what is an omnibus bill, including amendments interdependencies between our water corporations, to the Electricity Safety Act. The purpose of the whether in northern or southern Victoria, or across this amendments is to allow the electricity distribution boundary, for the management of water resources and companies to make bushfire mitigation plans for the the shared provision of infrastructure and other services whole supply network and not just, as previously wherever possible, to make our water corporations as classified, to those areas that are at risk, and that makes efficient as possible. sense. It is appropriate, as Energy Safe Victoria has recommended to the Department of Primary Industries The bill will capture the benefits of the ESC’s expertise in pursuit of this change, because determining at-risk and experience and these synergies to ensure they situations is unworkable on the ground, and therefore a continue to benefit our farmers in northern Victoria. more holistic assessment of the operation of the system is required. Ultimately the changes will lead to a I commend the bill to the house. broader appreciation of where the risk lies in terms of Debate adjourned on motion of Mr HOLDING the operation of the network. The changes will mean (Lyndhurst). that mitigation planning will apply to the entire supply network, and that is a valuable and important thing. Debate adjourned until Wednesday, 26 October. The one concern we have in respect of this change is that the department says it will not lead to any cost ENERGY LEGISLATION AMENDMENT increases. In justification of that it says that this will be (BUSHFIRE MITIGATION AND OTHER performed under a desktop auditing process and will be MATTERS) BILL 2011 used to an extent, as will be on-the-ground checks, to establish which areas are beyond the at-risk sections. Second reading The concern we have is that, as a matter of logic, how could it not be more costly? But of course we will take Debate resumed from earlier this day; motion of the department at its word, and we expect that word Mr O’BRIEN (Minister for Energy and Resources). will be honoured and that there will not be more costs incurred by businesses, that they will not come off their Mr PALLAS (Tarneit) — I rise to indicate that in bottom line and that ultimately they will not be not speaking on the Energy Legislation Amendment passed on to consumers. The cost impact being passed (Bushfire Mitigation and Other Matters) Bill 2011, and through to the consumers has, in our view, not been as has already been said by our lead speaker, the sufficiently considered by the government, and it is an opposition will not be opposing the bill. issue of concern that we wish to draw to the its attention. The bill is important insofar as it deals with a number of key aspects of not only the process of protecting the Other areas that are the subject of amendment are those community from the way our electricity system that relate to amendments to the Victorian energy operates and integrates into the urban and the rural efficiency target, expansion of the grounds for environment but also the obligations that it places upon suspension of accredited persons, new sections 14A, B a number of the key participants as well as consumers. and C, which provide a suite of graduated approaches for failure to comply with conditions and restrictions, There is a clause which allows a person to seek further orders or audit requirements, and the new powers for compensation through the energy and water the Essential Services Commission to require an ombudsman (Victoria) where meritorious and accredited person to obtain an independent audit. All in exceptional circumstances have prevented them from all, the opposition believes these changes will have a contacting their energy retailer within a period of substantive benefit. 14 days. It is this area where our greatest concern arises. The opposition is keen to make sure that the

ENERGY LEGISLATION AMENDMENT (BUSHFIRE MITIGATION AND OTHER MATTERS) BILL 2011

Wednesday, 12 October 2011 ASSEMBLY 3681

One area of concern that we have a continuing issue south-westerly change came through and made a with is that a cap may lead a retailer to delay massive fire front. At a time when much of the state reconnection costs to gas or electricity once the 14-day was experiencing floods, the fire burnt an area of period has expired, and we think it is important that that 11 365 hectares and destroyed two houses, stock, crops be borne in mind. The government did not include a and a considerable amount of fencing and other reference in the bill or the second-reading speech to infrastructure. The Tostaree fire was the most meritorious extenuating circumstances. We think it is significant of Victoria’s 2010–11 fire season, and it important that in fairness those extraneous served as a stark reminder of the nature of the East circumstances be taken into account. Overall, whilst the Gippsland region. bill does meritorious work, it indicates that there is still a long way to go in ensuring that the community is safe This bill makes a number of amendments to the from bushfire risk. As a consequence, I restate that the Electricity Safety Act 1998, the Gas Safety Act 1997, opposition does not oppose the bill. the Victorian Energy Efficiency Target Act 2007, the Electricity Industry Act 2000 and the Gas Industry Act Mr BULL (Gippsland East) — I rise to speak in 2001. The bill amends the Electricity Safety Act 1998 favour of the Energy Legislation Amendment (Bushfire to improve the operation of the bushfire risk mitigation Mitigation and Other Matters) Bill 2011. This bill obligations contained in the act that apply to major assists in delivering on the government’s commitment electricity companies. It extends the obligation to to reduce the risk of bushfires started by electricity mitigate bushfire risks to the whole of their supply infrastructure. It is part of this government’s networks rather than just to their at-risk supply commitment to implementing the recommendations of networks. The bill extends the powers of Energy Safe the 2009 Victorian Bushfires Royal Commission. Victoria to require audits of compliance with electric These amendments support the implementation of line clearance plans and responsibilities, and that is recommendation 34 of the royal commission, which obviously critical in electorates such as mine. These are recommends that: all measures that will make Victoria a much safer place at the advent of summer. The state amend the regulatory framework for electricity safety to strengthen Energy Safe Victoria’s mandate in As mentioned, many aspects of the bill address bushfire relation to the prevention and mitigation of electricity-caused bushfires and to require it to fulfil that mandate. mitigation, and the ones I want to focus on include a number of measures that we as a government have We know that some of the fires that started on Black already committed to. They include massively Saturday were the result of fallen or clashing increased fuel reduction burns, many of which have powerlines, and on days such as the day we taken place in my region around the areas of Orbost and experienced on Black Saturday we need to ensure that Cann River in the east of the state, where we have very every effort has been made to eliminate possible high fuel loads. The number of times we have seen ignition causes. As the member for Frankston pointed smoke in the air has been very pleasing. As has been out earlier, we cannot control all of the causes — well documented, we have also introduced cattle lightning strikes and the like — but there are many that grazing to the high country for bushfire mitigation we can have an impact on, and this is one of them. purposes. The trial is ongoing, and we hope it will continue this year. We will see the benefits of that in With what has been a terrific growing season in my East Gippsland as well. We have implemented a electorate and across much of the state, we have had a number of other recommendations of the bushfires terrific build-up of fuel loads within Victoria. Once royal commission that will assist in making a number again we find ourselves in a position of summer of towns in Victoria considerably safer. approaching with a very high bushfire risk. This is no more prevalent than in my electorate of Gippsland East, The SPEAKER — Order! The time appointed by which has a number of very rural and remote standing orders for me to interrupt business has now communities that are surrounded by vast tracts of forest arrived. The member may continue his speech when the and are therefore at extreme risk in certain conditions. matter is next before the chair.

It was only earlier this year that on a day with Business interrupted pursuant to sessional orders. conditions not dissimilar to those experienced on Black Saturday we had the Tostaree fire between Orbost and Lakes Entrance. It was a shocking day with hot and strong northerly winds that allowed the fire to burn from near the Princes Highway to the coast, and then a

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3682 ASSEMBLY Wednesday, 12 October 2011

ADJOURNMENT Melbourne’s north this program has found 80 job seekers employment and met all of the contractual The SPEAKER — Order! The question is: milestones identified for it. It is a great program that supports manufacturing, jobs and working families in That the house now adjourns. Melbourne’s north. I call upon this government to fund Manufacturing: i-STEP program this very important program for working families in Melbourne’s northern suburbs. Mr BROOKS (Bundoora) — I raise a matter for the attention of the Minister for Higher Education and Clegg Road, Mount Evelyn: illuminated speed Skills. The specific action I seek from the minister is signs that he fund the industry skills training and employment program, known as i-STEP, which operates in Mrs FYFFE (Evelyn) — My adjournment request Melbourne’s northern suburbs in conjunction with is to the Minister for Roads. The action I seek is that he NORTH Link. I understand that NORTH Link has investigate the time lines for the installation of school recently written to both the Minister for Higher speed signs on Clegg Road, Mount Evelyn, near Education and Skills and the Minister for St Mary’s Primary School. During the election Manufacturing, Exports and Trade in relation to this campaign a commitment was made by the then shadow important program in the northern suburbs. Minister for Education and me for the funding of flashing speed signs near the recently constructed Members would be well aware of the challenges that school crossing. manufacturing faces in this state from low-cost competitors globally, from the high Australian dollar Clegg Road is a main thoroughfare from Canterbury and from other factors. The number of manufacturers Road to the Upper Yarra area and carries a continuous concentrated in the northern suburbs of Melbourne stream of traffic. While locals may be aware of a means it is the largest employment sector in the region, nearby school crossing and understand the need to slow with around 53 000 people employed in manufacturing down, non-locals can be caught off guard. When in that area. If we couple that with the unprecedented approaching from the Warburton Highway, the steep growth in Melbourne’s northern suburbs, we can see hill, the heavily treed roadside and the dip in the road that it is important to ensure that that particular sector just before the school crossing make it virtually has the support it needs through this very challenging impossible for motorists to see the crossing until they period. are almost on top of it. It is important that we work towards minimising the level of hazard near this school i-STEP is an important program that supports crossing. Flashing speed signs showing a manufacturing in Melbourne’s north. It funded 40-kilometre-an-hour speed limit during school 50 permanent positions for four months each through drop-off and pick-up times are absolutely essential. the Skills Victoria, Victoria Works program at a cost of Flashing speed signs would also have the added benefit just over $300 000. It is a program that the previous of slowing down traffic so that parents in cars dropping Victorian Labor government was very proud of. It helps off and picking up their children, which they do within small manufacturers, particularly those that might not the schoolgrounds, could merge onto Clegg Road more have a human resources department. Those businesses safely. are getting on with the job and are very busy just keeping their businesses going and meeting the In an article in the Mount Evelyn Mail of 6 September challenges we have talked about. They do not have the this year, VicRoads regional director Duncan Elliott staff or the time to devote to recruitment, particularly was reported as saying that the work would not be where they need specialised skills in the workplace. operational until mid-2012. I am concerned that we will This program takes the risk out of hiring in that have a serious accident, and I ask the minister to scenario. It is also very valuable in terms of finding investigate the time lines for the completion of the work for employees with specialised skills in project so that I can advise the school community about manufacturing. It links the companies that need when the flashing lights will be installed. I cannot specialised staff with staff who are looking for work, emphasise enough the danger these children are facing particularly, I understand, in the metal fabrication area in the current situation. The existing school crossing is of the manufacturing industry. almost invisible until the children are on it. Unfortunately the signs warning of a school crossing I understand i-STEP has been a very successful often get obscured by trees, and it takes a long time to program under which 130 vacancies have been get the trees lopped. I ask the minister to investigate the identified. In the year it has been operating in time lines for the delivery of this election commitment.

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Brookland Greens estate, Cranbourne: landfill lobbying his Liberal colleagues, saying, ‘Come on, gas where is the money you promised?’.

Mr PERERA (Cranbourne) — I raise a matter for The Liberals supported a field of independent the attention of the Minister for Environment and candidates in the last state election. Some of these Climate Change. Prior to the November state election candidates were part of the ‘make the state pay’ the coalition committed $24 million — that is, campaign directed against the Labor government. $6 million every year for the next four years — to the These candidates directed their preferences to Liberal City of Casey to help clean up the methane-riddled tip Party candidates. The minister’s inaction makes all of at the old Stevensons Road landfill. No conditions were them look like hypocrites. City of Casey mayor Cr Shar laid down. The simple action I seek from the minister is Balmes publicly welcomed the Liberal Party’s that he honour the commitment and deliver the funding. commitment of $24 million. Unfortunately there is now It was a great surprise that no funding was allocated in no committed funding, and she is in deafeningly silent the Baillieu government’s first budget to provide for mode. remediation work by the Casey City Council at the Stevensons Road landfill. The ACTING SPEAKER (Mr Nardella) — Order! The honourable member’s time has expired. On 8 October 2008 the member for Warrandyte was grieving in this house for the people of Brookland Wangaratta Festival of Jazz and Blues: funding Greens estate in Cranbourne. He attended a public Mr McCURDY (Murray Valley) — I raise a matter meeting with the then Leader of the Opposition. Now for the attention of the Minister for Regional and Rural he is minister, he has done a shameful backflip. All the Development, and the action I seek is that he provide statements he then made now look like vacuous, financial assistance in order to plan for the long-term hypocritical pretensions. What a disappointment! This viability of the Wangaratta jazz festival. I have spoken is just another one of the Baillieu government’s broken in this chamber before about the importance of the promises. The lame excuse was that the government festival to the whole community in terms of its could not honour its commitment until the class action economic and cultural benefits and the tourism flow-on involving the City of Casey, the Environment effects it has throughout the community. Protection Authority and the Brookland Greens residents was resolved. This matter has now been This festival incorporates the National Jazz Awards, resolved, with the City of Casey agreeing to take a hit which began in 1989 as a vision of local businesspeople and pay out most of the agreed settlement in damages who sought to create a significant festival for their town to the Brookland Greens residents. and region — a unique festival that would entice many tourists to the area. In 1990 the Wangaratta Festival of As soon as the gas leak was identified, the then Leader Jazz and Blues was born, and since then it has been a of the Opposition, now the Premier, attended a shining light throughout the Murray Valley and the residents meeting in Cranbourne and said it was too big Ovens and King valleys. Over 30 000 people enjoy this a task for Casey council to shoulder by itself and that festival across a weekend, and it brings together people the state government should share the cost. The from all over Australia. member for Warrandyte, who is now a minister, was present at the meeting. Inga Peulich, a member for However, to ensure the long-term viability of this South Eastern Metropolitan Region in the other place, magnificent event, I seek the minister’s support to help went around the Cranbourne electorate putting the our community plan for the future and assist us to have blame on the state government and the Victorian Civil the confidence and courage to continue even when the and Administrative Tribunal. She said that because weather lets us down, as it did last year, or when other VCAT was responsible, the state government should factors impede this 21-year-old event. We need to be pay. We should keep in mind that the Ombudsman’s clear that the festival has a viable and commercial report was scathing about the Casey council’s role. future. The Murray Valley region, and more particularly this iconic experience for jazz in Victoria, The Liberal candidate for Cranbourne stated publicly will prosper given a long-term vision. I seek the during the lead-up to the 2010 election that he had minister’s support. joined the Liberal Party because of what had happened in relation to the Brookland Greens disaster. This is Buses: Geelong electorate quite interesting, to say the least. If the issue is so close to his heart, surely as a local councillor he should be Mr TREZISE (Geelong) — I raise an issue for the Minister for Public Transport. It relates to bus services

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3684 ASSEMBLY Wednesday, 12 October 2011 within my electorate, particularly bus routes 34 and 35, efforts of the Somerville Football and Cricket Club which service Newtown and in large part run on the management, volunteers, members and sponsors, and same routes. The action I seek from the minister is for with the very strong support of Mornington Peninsula him to have the bus services I mentioned re-timetabled Shire Council, the playing surface at the Jones Road to provide a 30-minute service along the shared part of Reserve is of the very highest quality. The clubs are the routes. now seeking to bring the lighting of their facilities up to the same high standard so that all levels of football and For the information of the house, route 34 runs every cricket can be played day and night. 60 minutes and route 35 runs every 80 minutes. Given the disparity in these intervals, during a day’s service The clubs are seeking funding to enable the there are times when one bus essentially trails the other construction of six 35-metre-high lighting towers, around. This point has been made to me on numerous complete with lighting that will produce sufficient lux occasions by the Geelong branch of the Public to allow all standards of football and cricket to be Transport Users Association (PTUA). The suggestion played at night. Installation of such lighting will allow has been made to resolve this timetabling problem and the clubs to vastly extend the times of use of the provide a uniform 30-minute service along the shared playing facilities and thereby enable greater efficiency route by making the route 35 service a 60-minute of use by a broader base of users. service and then coordinating both 60-minute services so that they run at 30-minute intervals along the With its central location and effective public transport, Newtown route. Somerville is ideally situated for the establishment of a community day and night multipurpose facility. Such a In raising this issue I recognise that the service I refer to facility would enable cricket and football to be played was reduced in frequency by the Department of on the oval during the day, at twilight and at night. This Transport in 2010 due to a lack of patronage. I also note facility would become the sporting showpiece of the that following a number of meetings with the PTUA Mornington Peninsula football and cricket leagues. This about this issue and having been contacted by a couple project would also allow local schools and athletics of individuals, I wrote to the minister about the matter groups to conduct twilight and night-time carnivals and in July, and he replied a month later. would give other community groups a potential location for other outdoor events into the evening and at An honourable member interjected. night.

Mr TREZISE — It was quick. However, although The population of Western Port is already growing the minister acknowledged the problem in that reply, he strongly, and with development of the port of Hastings did not address the PTUA’s idea of increasing the imminent this population growth is set to continue. One frequency of the route 35 service to 60 minutes and of the unavoidable consequences accompanying such synchronising the two services. Given the cut in growth is a burgeoning demand for sporting facilities, service, I again urge the minister to give real and and one of the critical elements of the Somerville serious consideration to the synchronisation of Football and Cricket Club’s plan is the more effective timetables. Ultimately I would like to see both routes and efficient use of existing facilities. re-examined with the aim of reinstating the previous level of service. Increased participation in sporting and recreational activities by young and old is another of the many Jones Road Reserve, Somerville: lighting benefits of the plan. Mornington Peninsula Shire Council takes a very positive approach to the provision Mr BURGESS (Hastings) — I raise a matter for the of community sport and recreation facilities. The attention of the Minister for Sport and Recreation. The community is well served by chief executive action I seek is that the minister visit my electorate and officer Dr Michael Kennedy, manager of recreation and meet with representatives of the Somerville football and leisure Peter Gore, recreation coordinator Byron cricket clubs and Mornington Peninsula Shire Council Douglas and recreation community liaison to discuss the provision of funding to upgrade the officer James Rogers. lighting at the Jones Road Reserve in Somerville. I fully support this proposal, and I believe it will be of In a meeting on the 25 August, representatives from the great benefit to the local community. It will create a Somerville Football Club outlined to me the vision they nice sporting hub for the region while at the same time have for the creation of a day and night multipurpose meeting the demand for such infrastructure which arena at their Jones Road facilities. Thanks to the comes with a growing population. I therefore ask the

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Wednesday, 12 October 2011 ASSEMBLY 3685 minister to visit Somerville and meet the community-owned solar parks, because without representatives of the Somerville football and cricket renewable energy and the community initiatives being clubs and Mornington Peninsula Shire Council to progressed by towns such as Newstead our state will progress the exciting plans for the creation of a day and fall behind. There is already an indication that night sporting venue at the Jones Road reserve in investment in renewable energy is being diverted away Somerville. from Victoria because the government has not given its support to these initiatives. Central Victoria Solar City project: ministerial meeting The Central Victoria Solar City group wants the minister to meet with it and guarantee that the practice Ms EDWARDS (Bendigo West) — The matter I of coal seam gas mining using hydraulic fracturing is raise is for the Minister for Energy and Resources, and not happening in Victoria and that the government will the action I seek is that the minister meet with never allow this environmentally devastating practice to representatives of the Central Victoria Solar City occur in Victoria. The minister must meet with the solar project group based in Castlemaine. It would be an city group and advise it when and if his government opportune time for the minister to come to understand will deliver an extensive, collaborative and inclusive the important and valuable work this project group does energy policy. If the minister is too busy to organise a and to try to understand the importance of good energy meeting, I would be happy to assist with arranging it. policy — policy as it was made under the previous state Labor government in partnership with the federal Labor Ministerial-mayors advisory panel: Rodney government. electorate

I recently met with the group, and its members Mr WELLER (Rodney) — I wish to raise a matter indicated to me their complete disappointment with the for the Minister for Local Government. The matter I Liberal-Nationals government and the minister for raise is the establishment of the interim failing to release a concise and informed energy policy, ministerial-mayors advisory panel. The action I seek particularly regarding renewable energy. The minister from the minister is that she advise on how the and the government need to stop dithering and ministerial-mayors advisory panel will benefit the formulate an energy policy for Victoria. Eleven months municipalities in the electorate of Rodney, which on and no policy! It has been simply: slash the feed-in contains parts of the Gannawarra, Moira, Greater tariff and halt the wind farms. Who knows what the Bendigo and Greater Shepparton municipalities and all next knee-jerk reaction will be? of the Campaspe shire.

Central Victoria Solar City aims to help the central I am aware there is a need for a more cooperative Victorian community rethink the way it uses energy. relationship between state and local government in The project has developed a number of products and Victoria. Developing a more effective relationship will services that can help householders, businesses, require a better understanding of the various challenges community centres, schools and hospitals in the region that both levels of government face. Rural councils to reduce their energy use and/or transition towards have faced many challenges during the past decade. more renewable energy sources. All of these products They have faced droughts, floods, fires, cost shifting by and services are monitored through research. The other levels of government and legislation that has coalition government has recently imposed restrictions asked local government to do more. I know the on new wind farms and decreased the feed-in tariff coalition is committed to improving the services available for Victorians purchasing residential solar delivered to all Victorians, and I understand the systems. These changes to energy policy need to be ministerial-mayors advisory panel is part of that embedded within a broader policy landscape to provide commitment. I am delighted that Cr Neil Pankhurst, the clear advice to the energy industry and the broader mayor of Campaspe shire, has been chosen as the community. representative of the rural councils in Victoria.

Sustainable Regional Australia, a company based in the Mayor Pankhurst understands rural issues. He has been Bendigo electorate, made a submission to the Victorian a strong advocate in relation to issues in Tongala, where government’s inquiry into medium-scale solar power. he comes from. He understands water. He understands The government has yet to respond to this and other local roads. He understands local communities. Indeed submissions, and it has given no indication of when it he is also the chair of Bendigo Bank’s local Tongala will respond to the submissions. The minister and the and District Community Bank. He is a life member of coalition government need to support medium-scale the Apex club in Tongala. He is a community person

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3686 ASSEMBLY Wednesday, 12 October 2011 from rural Victoria who understands the issues, and he ‘fundamental differences’ in the modelling undertaken is a great advocate for rural Victoria. by Deloitte Access Economics and the commonwealth’s modelling. Therefore it is necessary The action I seek from the minister is that she advise for him to release those documents so that we can how the ministerial-mayors advisory panel will benefit understand how it came to pass that he said in his press the municipalities in the electorate of Rodney, which release that the modelling replicated the undertaking by includes part of Gannawarra, Moira, the city of Greater the commonwealth government when in fact the Bendigo, the city of Greater Shepparton and all of the Deloitte Access Economics report made it clear that Campaspe shire. that was not the case.

Carbon tax: Deloitte Access Economics report The Treasurer needs to make it clear through the release of these documents how these inaccurate, misleading Mr HOLDING (Lyndhurst) — The matter I wish to statements were made by him so that these matters can raise is for the Treasurer. The action I seek is that he be clarified urgently. urgently release all documents held by the Department of Treasury and Finance and, where appropriate, by the The ACTING SPEAKER (Mr Nardella) — Department of Premier and Cabinet that relate to the Order! The member’s time has expired. preparation of the document by Deloitte Access Economics entitled Modelling the Clean Energy Future Planning: Mornington Peninsula Policy, dated 7 September 2011, which he released on 20 September 2011. The reason it is necessary for the Mr MORRIS (Mornington) — The imposition of Treasurer to urgently release all of the documents that the Melbourne 2030 policy has long been a bone of sit behind the release of the Deloitte Access Economics contention for the Mornington Peninsula, which has a modelling is the massive confusion caused by his long and honourable history in terms of planning. That inability to answer simple questions in relation to this was cut short when the policy of the former report and the modelling and to reconcile statements he government was imposed. The matter I raise this made when this report was released with earlier evening is for the Minister for Planning, and the action I statements that both he and the Premier made about the seek from the minister is that he and his department impact of the carbon price on Victoria. work with Mornington Peninsula Shire Council and the people of the peninsula to develop a statement of For example, earlier both the Premier and the Treasurer planning policy specifically for the peninsula to replace had claimed that the commonwealth government’s the metropolitan strategy. price on carbon would hit Victoria ‘first and hardest’, but the Deloitte Access Economics report, based on As I said, planning along the peninsula has a long and modelling commissioned by the state government, honourable history, unlike in many areas that have been makes it absolutely clear that states such as caught up in the Melbourne 2030 process and the Queensland, Western Australia and New South Wales, introduction of the urban growth boundary. There has and the Northern Territory, are going to be hit harder been a body of work undertaken stretching back to the than Victoria. The claims made by the Premier and the 1950s, when it was first conducted by the then Shire of Treasurer have been found to be incorrect, therefore it Mornington. We then saw the statements of planning is necessary for those documents to be urgently policy nos. 1 and 2 under the Bolte and Hamer released so that Victorians can understand how this governments. situation has come about. We saw the work of the Western Port Regional Also at the time when the Treasurer released this report Planning Authority and the Western Port Regional he made the claim that the Victorian government’s Planning and Coordination Committee, upon which I greenhouse emissions reduction target was not in served for some five or six years, and all that work is legislation. Not only is it in legislation but he was a reflected in the schemes that are in place. The member of this house when that legislation passed fundamentals are basically sound, and there is little through the Parliament. point in undertaking a dramatic overhaul. The essential issue is that the policy framework surrounding the He also made the claim in his press release of decision making particularly suffers from the 20 September that the Deloitte Access Economics malevolent influence of the metropolitan policy. That modelling replicated the economic modelling influence impacts on decisions of the council but undertaken by the Gillard federal government. In fact particularly on decisions made by the Victorian Civil according to the report he released, there were and Administrative Tribunal on appeal. The objectives

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Wednesday, 12 October 2011 ASSEMBLY 3687 of the metropolitan strategy are too often inconsistent be able to tell the member that the government will with the intent of the underlying scheme. contribute $30 000 of that sum to enable that plan to proceed. This is a very important event, and we want to The Mornington town centre has very much been the see it succeed. Accordingly we are very pleased to subject of debate, and while the town will change under support the proposition that has been advanced by the the agreed rules, the result will be far superior to that member. which was first proposed by then Minister for Planning, the member for Niddrie. Much work had to be done by Mr MULDER (Minister for Public Transport) — the council to achieve that outcome, but beyond the The member for Evelyn raised an issue with me in town centre and beyond the structure plans, the council relation to the funding of flashing speed signs near and community continued to wage a pitched battle. St Mary’s Catholic Primary School, where a school crossing has recently been constructed. The member for A peninsula policy would be consistent with the current Evelyn has pointed out that Clegg Road is the main objectives and provisions of the scheme but would thoroughfare to and from the Upper Yarra area. While recognise the importance of ensuring that the special local residents are quite aware of that particular section character of the peninsula is retained for the benefit of of road, non-locals may be caught off guard by it. future generations of Victorians. The importance of the When approaching from the Warburton Highway, the peninsula as a place of recreation and resort close to steep hill, heavily treed roadside and a dip in the road Melbourne has never been greater, and as development just before the school crossing make it virtually proceeds in the south-east it will assume even greater invisible. The member for Evelyn has not left a stone significance. I seek the assistance of the minister to unturned in relation to her efforts to obtain funding for secure the peninsula for future generations of this particular upgrade. Melburnians. I can inform the member for Evelyn that I have had Responses discussions with VicRoads in relation to this matter and that it is pursuing the planning for the installation of Mr RYAN (Minister for Regional and Rural flashing lights. I will be working with the member for Development) — The member for Murray Valley has Evelyn to make sure they can be installed as soon as raised an issue of great significance with regard to the possible. I congratulate her on the way she has worked rural city of Wangaratta, with particular regard to the for her constituents in Evelyn to get this very important Wangaratta Festival of Jazz and Blues, which is a safety upgrade for St Mary’s Catholic Primary School. magnificent event that is conducted in the beautiful city of Wangaratta on an annual basis. The event was The member for Geelong raised an issue with me in conceived in 1989 and was first conducted in 1990. relation to Newtown’s routes 34 and 35 bus services. It Last year it achieved an extraordinary result in that would appear that these services were slashed back in 30 000 visitors came to the region for the purpose of 2010, robbing the locals of a very sound bus service. attending the festival. It has been estimated that the The route 34 service now runs every 60 minutes, and festival attracted something of the order of $5.4 million route 35 runs every 80 minutes. Those consecutive bus dollars into the local economy. What the rural city routes used to run every 30 minutes and 40 minutes decided to do after last year’s event was establish a new respectively. The member has asked that route 35 be skills-based board, which would have the responsibility extended to a 60-minute service, which would enable of driving the event in years to come. What the board routes 34 and 35 to run, between them, at 30-minute now wants to do in a project it has raised with the intervals and stop the situation we have at the moment council is appoint a consultant to undertake a 2011–16 whereby you have one bus catching up to another and Wangaratta Festival of Jazz and Blues strategic plan, buses basically trailing each other around this bus route including the 2011 marketing and community circuit. engagement plan. The member for Geelong indicated that the Public I have great regard for the municipality of the Rural Transport Users Association of Geelong has raised this City of Wangaratta, and not only for the mayor but also matter with him and that I have responded to a letter he for the CEO and the councillors and the great job they sent me on this matter. I will go back to the Department do. I am conscious that the member for Murray Valley of Transport for the member for Geelong and ask it to works closely with the rural city in terms of its future examine these routes to see if we can get a better generally and very particularly with regard to this event. outcome for the people of Newtown. I will get back to The rural city is looking to allocate some the member for Geelong once this matter has been $60 000 towards this strategic plan, and I am pleased to clarified with the Department of Transport.

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3688 ASSEMBLY Wednesday, 12 October 2011

Mrs POWELL (Minister for Local Government) — Ryan, the mayor of Horsham, is representing the The member for Rodney raised a matter with me about regional councils; Cr Helen Patsikatheodorou, the the ministerial-mayors advisory panel and how this mayor of Hume, is representing the interface councils; panel will help his community. Establishing a and the member for Rodney’s mayor, Cr Neil ministerial-mayors advisory panel was an election Pankhurst, is representing the rural shires. We have commitment by the Baillieu-Ryan government. When I heard from the member for Rodney about what a great was the shadow Minister for Local Government I met community member the mayor is, and I am sure that he with quite a number of councils around the state, and will represent his area and region with distinction. one of the issues was how the mayors could have an active communication with the government and the The advisory panel illustrates the coalition’s minister. We have established the ministerial-mayors commitment to improve the efficiency and advisory panel, and I will chair that panel. Five regions effectiveness of the relationship between state and local are set up around the state, and each of those regions government in Victoria. It will facilitate a meaningful will be represented on the ministerial-mayors advisory and informed dialogue between those two arms of panel. The first meeting will be held on Monday, government in Victoria. The members of this panel will 17 October, at my office at 2.00 p.m. provide high-level strategic advice on a range of legislative, regulatory and policy decisions that impact This is an interim committee, and its focus will be to on and require a partnership between state and local discuss the terms of reference, the membership and the governments. As I said earlier, the mayors will change tenure of the advisory panel. The tenure will be on that panel each year. There will be one mayor proposed to be on an annual basis and to end on representing each region, and the regions will identify 30 November each year so that as new mayors are the mayors who will represent them. elected they can be appointed by those regions to meet with me and discuss the sorts of issues that the member Those five regional groupings have been in place for a for Rodney has identified in his discussions with me. while, and they are working well. This will enhance the The mayors will not be paid for being on the communication between the leadership of the councils committee, but their costs will be reimbursed, and they and me as the Minister for Local Government. I look understand that. forward to working with those five mayors from the different regions. We understand that it is not one size My understanding is that the mayors will raise with me fits all. I am sure that the member for Rodney knows issues such as the Victorian state-local government that his mayor will represent his region in a very agreement, although I can advise that a formal process positive way. I look forward to meeting those mayors in has already been established directly with the local the near future. government sector and the sector peak bodies in respect of this. Other issues they might like to raise with me Mr DELAHUNTY (Minister for Sport and include the impact on councils of such things as the fire Recreation) — Firstly, I would like to respond to the services levy, cost shifting, which has been raised with member for Hastings and congratulate him on his me a number of times, and natural disasters. I know the commitment to not only his electorate but also the sport member for Rodney’s area is still suffering some very and recreation activities that take place there and on the strong impacts of the floods that went through his hard work he does in acting as his constituents’ electorate, and a mayor from the area would like to representative. raise those issues with me. It is important that we understand that there is not one size that fits all. Those The member raised the issue of lighting at the Jones five regions around the state will have completely Road Reserve. He tells me it has a quality surface but different issues. I will sit down with the mayors and some work is needed in relation to accessing greater talk about the issues that are important to them. funding to put up lighting. That will assist in enabling more effective and efficient use of the existing At the moment the five mayors will be selected on an facilities. As we know, right across Victoria there are interim basis. The tenure of their interim committee problems from the point of view of having access to will finish at the end of December. From then on the facilities. These are not problems with councils; it is councils or the regions themselves will choose mayors just that they cannot make any more space. What to appoint to the panel. The interim committee is made councils are looking at is trying to extend the use of up of five mayors, whom I will name: the Lord Mayor their space. They can do that in two ways, the first of Melbourne, Robert Doyle, is representing the inner being to put down synthetic surfaces and the second metro councils; Cr Sue McMillan, the mayor of Knox, being to put up lighting. I know in the Hastings is representing the outer metro councils; Cr Michael electorate it is probably dark by about 5 o’clock in the

ADJOURNMENT

Wednesday, 12 October 2011 ASSEMBLY 3689 middle of winter, so lighting will extend the hours of use of the facilities.

The member for Hastings explained tonight that the Jones Road Reserve is a very central location with good, effective public transport. The facility could also be a showpiece for the Mornington Peninsula football and cricket leagues. It would allow for local schools and athletics groups to conduct twilight and night-time carnivals. I would be very pleased to accept the invitation by the hardworking member to come down and meet with representatives of the Somerville football and cricket clubs and also Mornington Peninsula Shire Council to look at ways we can work together in partnership to meet the demand for facilities. There are many such partnerships happening across Victoria. The member could contact my office to arrange a suitable day, and I look forward to going down to the electorate of Hastings with him to talk with this group.

The member for Bundoora raised a matter for the Minister for Higher Education and Skills regarding funding for the i-STEP program. I will pass that request and information on to the minister.

The member for Cranbourne raised a matter for the Minister for Environment and Climate Change regarding the Brookland Greens landfill in the city of Casey. I know there is concern there, and I understand that he wants to fix up the problems caused by the previous Labor government. I will pass that information on to the minister.

The member for Bendigo West raised an issue for the Minister for Energy and Resources. She wants him to meet with representatives of the Central Victoria Solar City project group based in Castlemaine. I will pass that information on to the hardworking and committed minister.

The member for Lyndhurst raised a matter for the Treasurer regarding documents on the price of carbon — or should I say the new Labor tax? It was interesting to see on TV tonight a poll which said nearly 90 per cent of people are against this new tax. But I will pass on that request and information to the Treasurer for his attention.

In relation to a final matter I will pass on for the attention of the very hardworking Minister for Planning the request and information from the member for Mornington.

House adjourned 10.41 p.m.

3690 ASSEMBLY