PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE COUNCIL

FIFTY-FIFTH PARLIAMENT

FIRST SESSION

Book 1 30 and 31 March 2004

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

By authority of the Victorian Government Printer

The Governor

JOHN LANDY, AC, MBE

The Lieutenant-Governor

Lady SOUTHEY, AM

The Ministry

Premier and Minister for Multicultural Affairs ...... The Hon. S. P. Bracks, MP

Deputy Premier, Minister for Environment, Minister for Water and Minister for Victorian Communities...... The Hon. J. W. Thwaites, MP

Minister for Finance and Minister for Consumer Affairs...... The Hon. J. Lenders, MLC

Minister for Education Services and Minister for Employment and Youth Affairs...... The Hon. J. M. Allan, MP

Minister for Transport and Minister for Major Projects...... The Hon. P. Batchelor, MP

Minister for Local Government and Minister for Housing...... The Hon. C. C. Broad, MLC

Treasurer, Minister for Innovation and Minister for State and Regional Development...... The Hon. J. M. Brumby, MP

Minister for Agriculture...... The Hon. R. G. Cameron, MP

Minister for Planning, Minister for the Arts and Minister for Women’s Affairs...... The Hon. M. E. Delahunty, MP

Minister for Community Services...... The Hon. S. M. Garbutt, MP

Minister for Police and Emergency Services and Minister for Corrections...... The Hon. A. Haermeyer, MP

Minister for Manufacturing and Export and Minister for Financial Services Industry ...... The Hon. T. J. Holding, MP

Attorney-General, Minister for Industrial Relations and Minister for WorkCover...... The Hon. R. J. Hulls, MP

Minister for Aged Care and Minister for Aboriginal Affairs...... The Hon. Gavin Jennings, MLC

Minister for Education and Training...... The Hon. L. J. Kosky, MP

Minister for Sport and Recreation and Minister for Commonwealth Games...... The Hon. J. M. Madden, MLC

Minister for Gaming, Minister for Racing, Minister for Tourism and Minister assisting the Premier on Multicultural Affairs...... The Hon. J. Pandazopoulos, MP

Minister for Health ...... The Hon. B. J. Pike, MP

Minister for Energy Industries and Minister for Resources ...... The Hon. T. C. Theophanous, MLC

Minister for Small Business and Minister for Information and Communication Technology...... The Hon. M. R. Thomson, MLC

Cabinet Secretary...... Mr R. W. Wynne, MP

Legislative Council Committees

Privileges Committee — The Honourables W. R. Baxter, Andrew Brideson, H. E. Buckingham and Bill Forwood, and Mr Gavin Jennings, Ms Mikakos and Mr Viney.

Standing Orders Committee — The President, Ms Argondizzo, the Honourables B. W. Bishop and Andrea Coote, Mr Lenders, Ms Romanes and the Hon. E. G. Stoney.

Joint Committees

Drugs and Crime Prevention Committee — (Council): The Honourables C. D. Hirsh and S. M. Nguyen. (Assembly): Mr Cooper, Ms Marshall, Mr Maxfield, Dr Sykes and Mr Wells.

Economic Development Committee — (Council): The Honourables B. N. Atkinson and R. H. Bowden, and Mr Pullen. (Assembly): Mr Delahunty, Mr Jenkins, Ms Morand and Mr Robinson.

Education and Training Committee — (Council): The Honourables H. E. Buckingham and P. R. Hall. (Assembly): Ms Eckstein, Mr Herbert, Mr Kotsiras, Ms Munt and Mr Perton.

Environment and Natural Resources Committee — (Council): The Honourables Andrea Coote, D. K. Drum, J. G. Hilton and W. A. Lovell. (Assembly): Ms Duncan, Ms Lindell and Mr Seitz.

Family and Community Development Committee — (Council): The Hon. D. McL. Davis and Mr Smith. (Assembly): Ms McTaggart, Ms Neville, Mrs Powell, Mrs Shardey and Mr Wilson.

House Committee — (Council): The President (ex officio), the Honourables B. N. Atkinson and Andrew Brideson, Ms Hadden and the Honourables J. M. McQuilten and S. M. Nguyen. (Assembly): The Speaker (ex officio), Mr Cooper, Mr Leighton, Mr Lockwood, Mr Maughan, Mr Savage and Mr Smith.

Law Reform Committee — (Council): The Honourables Andrew Brideson and R. Dalla-Riva, and Ms Hadden. (Assembly): Ms Beard, Mr Hudson, Mr Lupton and Mr Maughan.

Library Committee — (Council): The President, Ms Argondizzo and the Honourables R. Dalla-Riva, Kaye Darveniza and C. A. Strong. (Assembly): The Speaker, Mr Carli, Mrs Powell, Mr Seitz and Mr Thompson.

Outer Suburban/Interface Services and Development Committee — (Council): Mr Scheffer and Mr Somyurek. (Assembly): Mr Baillieu, Ms Buchanan, Mr Dixon, Mr Nardella and Mr Smith.

Public Accounts and Estimates Committee — (Council): The Honourables W. R. Baxter, Bill Forwood and G. K. Rich-Phillips, and Ms Romanes. (Assembly): Ms Campbell, Mr Clark, Mr Donnellan, Ms Green and Mr Merlino.

Road Safety Committee — (Council): The Honourables B. W. Bishop, J. H. Eren and E. G. Stoney. (Assembly): Mr Harkness, Mr Langdon, Mr Mulder and Mr Trezise.

Rural and Regional Services and Development Committee — (Council): The Honourables J. M. McQuilten and R. G. Mitchell. (Assembly): Mr Crutchfield, Mr Hardman, Mr Ingram, Dr Napthine and Mr Walsh.

Scrutiny of Acts and Regulations Committee — (Council): Ms Argondizzo and the Hon. A. P. Olexander. (Assembly): Ms D’Ambrosio, Mr Jasper, Mr Leighton, Mr Lockwood, Mr McIntosh, Mr Perera and Mr Thompson.

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 Hansard — Chief Reporter: Ms C. J. Williams Library — Librarian: Ms G. Dunston Joint Services — Director, Corporate Services: Mr S. N. Aird Director, Infrastructure Services: Mr G. C. Spurr

MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-FIFTH PARLIAMENT — FIRST SESSION

President: The Hon. M. M. GOULD Deputy President and Chair of Committees: Ms GLENYYS ROMANES Temporary Chairs of Committees: The Honourables B. W. Bishop, R. H. Bowden, Andrew Brideson, H. E. Buckingham, Ms D. G. Hadden, the Honourable J. G. Hilton, Mr R. F. Smith and the Honourable C. A. Strong Leader of the Government: Mr JOHN LENDERS Deputy Leader of the Government: Mr GAVIN JENNINGS Leader of the Opposition: The Hon. PHILIP DAVIS Deputy Leader of the Opposition: The Hon. ANDREA COOTE Leader of The Nationals: The Hon. P. R. HALL Deputy Leader of The Nationals: The Hon. D. K. DRUM

Member Province Party Member Province Party Argondizzo, Ms Lidia Templestowe ALP Jennings, Mr Gavin Wayne Melbourne ALP Atkinson, Hon. Bruce Norman Koonung LP Koch, Hon. David Western LP Baxter, Hon. William Robert North Eastern Nats Lenders, Mr John Waverley ALP Bishop, Hon. Barry Wilfred North Western Nats Lovell, Hon. Wendy Ann North Eastern LP Bowden, Hon. Ronald Henry South Eastern LP McQuilten, Hon. John Martin Ballarat ALP Brideson, Hon. Andrew Ronald Waverley LP Madden, Hon. Justin Mark Doutta Galla ALP Broad, Ms Candy Celeste Melbourne North ALP Mikakos, Ms Jenny Jika Jika ALP Buckingham, Hon. Helen Elizabeth Koonung ALP Mitchell, Hon. Robert George Central Highlands ALP Carbines, Ms Elaine Cafferty Geelong ALP Nguyen, Hon. Sang Minh Melbourne West ALP Coote, Hon. Andrea Monash LP Olexander, Hon. Andrew Phillip Silvan LP Dalla-Riva, Hon. Richard East Yarra LP Pullen, Mr Noel Francis Higinbotham ALP Darveniza, Hon. Kaye Melbourne West ALP Rich-Phillips, Hon. Gordon Kenneth Eumemmerring LP Davis, Hon. David McLean East Yarra LP Romanes, Ms Glenyys Dorothy Melbourne ALP Davis, Hon. Philip Rivers Gippsland LP Scheffer, Mr Johan Emiel Monash ALP Drum, Hon. Damian Kevin North Western Nats Smith, Mr Robert Frederick Chelsea ALP Eren, Hon. John Hamdi Geelong ALP Somyurek, Mr Adem Eumemmerring ALP Forwood, Hon. Bill Templestowe LP Stoney, Hon. Eadley Graeme Central Highlands LP Gould, Hon. Monica Mary Doutta Galla ALP Strong, Hon. Christopher Arthur Higinbotham LP Hadden, Ms Dianne Gladys Ballarat ALP Theophanous, Hon. Theo Charles Jika Jika ALP Hall, Hon. Peter Ronald Gippsland Nats Thomson, Hon. Marsha Rose Melbourne North ALP Hilton, Hon. John Geoffrey Western Port ALP Viney, Mr Matthew Shaw Chelsea ALP Hirsh, Hon. Carolyn Dorothy Silvan ALP Vogels, Hon. John Adrian Western LP

CONTENTS

TUESDAY, 30 MARCH 2004 PETITIONS Taxis: multipurpose program...... 38 ACKNOWLEDGMENT OF TRADITIONAL OWNERS ...... 1 Disability services: Grampians ...... 38 THE NATIONALS Hazardous waste: Tiega ...... 38 Change of name...... 1 GARDINER FOUNDATION CONDOLENCES Annual report...... 38 Hon. Sir Rupert James Hamer, AC, KCMG...... 1, 2 LAW REFORM COMMITTEE Hon. Vernon Francis Wilcox, CBE, QC...... 21 Forensic sampling and DNA databases in Adjournment...... 26 criminal investigations ...... 38 DISTINGUISHED VISITOR...... 2 SCRUTINY OF ACTS AND REGULATIONS COMMITTEE Alert Digest No. 1 ...... 39 WEDNESDAY, 31 MARCH 2004 Alert Digest No. 2 ...... 39 DRUGS AND CRIME PREVENTION COMMITTEE MADRID: TERRORIST ATTACK...... 27 Fraud and electronic commerce...... 39 ROYAL ASSENT...... 28 ENVIRONMENT AND NATURAL RESOURCES COMMITTEE WRONGS (REMARRIAGE DISCOUNT) BILL Introduction and first reading...... 29 Impact and trends in soil acidity ...... 39 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE PUBLIC PROSECUTIONS (AMENDMENT) BILL Introduction and first reading...... 29 Budget estimates and outcomes...... 39 Second reading...... 67 PAPERS...... 40 NURSES (AMENDMENT) BILL RIGHT OF REPLY Introduction and first reading...... 29 City of Boroondara...... 43 Second reading...... 70, 76 MEMBERS STATEMENTS Committee...... 85 Boroondara: performance...... 45 Third reading...... 88 Ballarat–Skipton rail trail ...... 45 Remaining stages ...... 88 Corres Schubert ...... 45 UNCLAIMED MONEYS (AMENDMENT) BILL Ian Thorpe...... 45 Introduction and first reading...... 29 Seniors Festival: free travel...... 45 GAS INDUSTRY (RESIDUAL PROVISIONS) Women: local government...... 46 (AMENDMENT) BILL Prisons: capacity ...... 46 Introduction and first reading...... 29 Eumemmerring Province: industrial land ...... 46 Second reading...... 68 Shop trading hours: Easter Sunday...... 47 Point Cook: Royal Australian Air Force QUESTIONS WITHOUT NOTICE anniversary ...... 47 Consumer affairs: off-the-plan contracts ...... 29 Korean War commemorative quilt...... 47 Consumer and tenancy services: delivery ...... 30 Avalon Airport: Jetstar...... 47 Liquor: licensing cap ...... 31 Professor John Funder ...... 48 Libraries: funding ...... 32 Iraq: conflict...... 48 Electricity: network tariff rebate...... 33 Real estate agents: government action...... 48 Information and communications technology: Business Objects ...... 34 JOINT SITTING OF PARLIAMENT Real estate agents: guarantee fund...... 34 Senate vacancy...... 49, 76, 97 Australian Broadcasting Corporation: Victorian BUSINESS OF THE HOUSE sport ...... 36 Sessional orders...... 49 Somerville secondary college: Aboriginal relics ...... 36 Adjournment...... 88 Aged care: funding...... 37 ADJOURNMENT Supplementary questions Whitehorse: councillors...... 88 Consumer affairs: off-the-plan contracts ...... 30 Local government: neighbourhood renewal...... 89 Liquor: licensing cap ...... 31 Shop trading hours: Easter Sunday...... 89 Electricity: network tariff rebate...... 33 Step into Voluntary Work program: promotion...... 90 Real estate agents: guarantee fund...... 35 Consumer and tenancy services: delivery...... 91 Somerville secondary college: Aboriginal relics ...... 36 Pap smear tests: Geelong...... 91 Fishing: trout ...... 91 QUESTIONS ON NOTICE Point Nepean: future...... 92 Answers ...... 37 Western Port Highway, Lyndhurst: traffic CORRECTION OF BILLS ...... 38 control...... 92 Mitcham–Frankston freeway: tolls:...... 93 CONTENTS

Agriculture: genetically modified crops ...... 93 1051. Corrections: Beechworth prison...... 111 Local government: strip shopping centres ...... 94 1052. Corrections: Beechworth prison...... 111 Hospitals: rural and regional ...... 94 1053. Corrections: assaults on prison officers...... 112 Bairnsdale Regional Health Service: funding...... 95 1057. Agriculture: genetically modified — Responses ...... 95 canola ...... 112 1058. Agriculture: animal and plant officers...... 112 1066. Corrections: prisons — indigenous QUESTIONS ON NOTICE adults...... 113 1071. Attorney-General: Shannon’s Way Pty WEDNESDAY, 31 MARCH 2004 Ltd — contracts ...... 114 1074. Corrections: Shannon’s Way Pty Ltd — 167. Treasurer: Spencer Street station contracts ...... 114 project ...... 99 1075. Commonwealth Games: Shannon’s 168. Treasurer: Spencer Street station Way Pty Ltd — contracts ...... 114 project ...... 99 1076. Education and training: Shannon’s 365. Police and emergency services: Way Pty Ltd — contracts ...... 115 electorate office opening ...... 100 1078. Employment and youth affairs: 367. Treasurer: electorate office opening...... 100 Shannon’s Way Pty Ltd — contracts ...... 115 369. Attorney-General: electorate office 1086. Information and communication opening...... 100 technology: Shannon’s Way Pty Ltd 569. Corrections: prisoner supervision and — contracts...... 115 support budget ...... 101 1094. Police and emergency services: 614. Corrections: budget — prison facilities...... 101 Shannon’s Way Pty Ltd — contracts ...... 116 878. Corrections: prisoners — training and 1097. Resources: Shannon’s Way Pty Ltd — education review...... 102 contracts ...... 116 895. Environment: Albert Park — rent 1099. Sport and recreation: Shannon’s Way increases for sporting clubs...... 102 Pty Ltd — contracts...... 116 920. Treasurer: overseas ministerial visits ...... 103 1103. Treasurer: Shannon’s Way Pty Ltd — 924. Industrial relations: overseas contracts ...... 117 ministerial visits...... 103 1104. Victorian communities: Shannon’s Way 926. Environment: overseas ministerial Pty Ltd — contracts...... 117 visits...... 104 1110. Agriculture: Shannon’s Way Pty Ltd — 928. Sport and recreation: overseas contracts ...... 117 ministerial visits...... 104 1112. Attorney-General: Shannon’s Way Pty 929. Attorney-General: overseas ministerial Ltd — contracts ...... 118 visits...... 105 1116. Commonwealth Games: Shannon’s 935. Police and emergency services: Way Pty Ltd — contracts ...... 118 overseas ministerial visits...... 105 1117. Education and training: Shannon’s 938. Attorney-General: law courts — Way Pty Ltd — contracts ...... 119 awarding of costs...... 106 1118. Education services: Shannon’s Way 939. Attorney-General: law courts — Pty Ltd — contracts...... 119 awarding of costs...... 106 1119. Employment and youth affairs: 944. Environment: fire access tracks — Shannon’s Way Pty Ltd — contracts ...... 119 maintenance...... 107 1121. Environment: Shannon’s Way Pty Ltd 945. Environment: fire access tracks — — contracts...... 120 maintenance...... 107 1127. Information and communication 968. Corrections: prisons — education technology: Shannon’s Way Pty Ltd budget...... 108 — contracts...... 120 1008. Environment: Our Forests, Our Future 1138. Resources: Shannon’s Way Pty Ltd — industry transition program ...... 108 contracts ...... 121 1009. Environment: Our Forests, Our Future 1140. Sport and recreation: Shannon’s Way industry transition program ...... 109 Pty Ltd — contracts...... 121 1010. Environment: Our Forests, Our Future 1144. Treasurer: Shannon’s Way Pty Ltd — industry transition program ...... 109 contracts ...... 122 1028. Treasurer: information technology 1145. Victorian communities: Shannon’s Way upgrades...... 110 Pty Ltd — contracts...... 122 1043. Agriculture: fisheries — wild carp...... 110 1146. Water: Shannon’s Way Pty Ltd — 1048. Agriculture: genetically modified contracts ...... 122 technologies ...... 111 1153. Housing: state home loans...... 123 CONTENTS

1157. Housing: Bendigo — transitional 1203. Corrections: long-term strategy...... 141 housing...... 124 1204. Resources: mining industry — 1158. Housing: estates — Elizabeth Street, employees in regional Victoria...... 141 Richmond...... 124 1205. Resources: extractive industries — 1159. Housing: estates — Victory Boulevard, employees in regional Victoria...... 142 Ashburton...... 125 1206. Resources: petroleum industry — 1160. Housing: estates — Kensington Estate, employees in regional Victoria...... 142 Kensington...... 126 1207. Resources: sustainability unit — 1161. Housing: estates — Long Gully, employees ...... 142 Bendigo...... 126 1208. Resources: environmental review 1162. Housing: estates — Maidstone- committees...... 142 Braybrook ...... 127 1209. Resources: environmental review 1163. Housing: estates — Mark-Rundle, committees...... 143 Wodonga...... 128 1210. Resources: environmental review 1164. Housing: estates — Parkside, committees...... 143 Shepparton...... 129 1211. Resources: resources for community 1165. Housing: estates — Peace Court, groups...... 144 Doveton...... 130 1212. Resources: community groups — 1166. Housing: Office of Housing — sales...... 130 assistance...... 144 1167. Housing: estates — Raglan Ingles, Port 1213. Resources: mining and resource Melbourne...... 131 companies — programs ...... 144 1168. Housing: estates — Rathdowne Street, 1214. Resources: planned investment...... 145 Carlton...... 132 1215. Resources: planned investment...... 145 1169. Housing: estates — Thomson, Geelong 1216. Resources: planned investment...... 145 East ...... 133 1217. Resources: mineral sands industry...... 146 1170. Housing: estates — Raleigh Street, 1218. Resources: mineral sands industry...... 146 Windsor...... 134 1219. Resources: mineral sands industry...... 146 1171. Housing: Wendouree West 1220. Resources: mineral sands industry...... 147 neighbourhood renewal project...... 134 1221. Resources: portfolio revenue ...... 147 1172. Housing: Wendouree West 1222. Resources: portfolio revenue ...... 147 neighbourhood renewal project...... 135 1223. Resources: primary industries — 1173. Housing: Wendouree West royalties ...... 148 neighbourhood renewal project...... 135 1224. Resources: lease revenue...... 148 1174. Housing: WendoureeWest 1225. Resources: revenue — fees and neighbourhood renewal project...... 135 infringement notices...... 148 1175. Housing: WendoureeWest 1226. Resources: Pipelines Act — review ...... 148 neighbourhood renewal project...... 136 1227. Resources: fees and charges — 1177. Corrections: prisons — cleaning ...... 136 indexation ...... 149 1178. Corrections: prisons — risk assessment ...... 136 1228. Resources: Victorian Initiative Mineral 1179. Corrections: prisons — recidivism ...... 137 and Petroleum — datasets ...... 149 1180. Corrections: Barwon prison — 1229. Resources: Latrobe aquifer...... 149 Grevillea unit...... 137 1230. Resources: Bendigo mining — water 1181. Corrections: funding...... 138 savings ...... 150 1182. Corrections: correctional services 1231. Resources: mining industry — water employment pilot program ...... 139 savings ...... 150 1183. Commonwealth Games: village — 1232. Resources: mining industry — water aged care facility ...... 139 savings ...... 151 1184. Commonwealth Games: village — 1233. Resources: mining licences...... 151 aged care facility ...... 139 1234. Police and emergency services: 1185. Commonwealth Games: village — national handgun buyback scheme...... 152 aged care facility ...... 140 1235. Major projects: proposed hazardous 1186. Commonwealth Games: village — waste sites...... 152 aged care facility ...... 140 1236. Police and emergency services: 1187. Commonwealth Games: village — national handgun buyback scheme...... 153 aged care facility ...... 140 1237. Tourism: Australian Tourist 1188. Commonwealth Games: village — Commission — funding...... 154 aged care facility ...... 140 1238. Tourism: regional tourism development 1189. Commonwealth Games: village — plans...... 154 aged care facility ...... 141 1240. Corrections: prison design capacity...... 155 CONTENTS

1241. Transport: Deakin University — rail 1316. Housing: property at 299 Humffray platform...... 155 Street, Ballarat ...... 169 1242. Resources: Crown of Thorns 1317. Housing: facility at 3 Amaranth collapse — Port Campbell- Avenue, Altona North...... 170 Peterborough...... 156 1318. Housing: facility at 1069 High Street, 1243. Environment: Melbourne zoo — entry Reservoir...... 171 fees and concessions...... 156 1319. Housing: facility at 134 Princes 1244. Environment: Healesville Sanctuary — Highway, Dandenong ...... 171 entry fees and concessions...... 157 1320. Housing: facility at 11 Station Road, 1245. Environment: Werribee Open Range Deer Park ...... 172 Zoo — entry fees and concessions ...... 157 1321. Housing: facility at 86 East Road, 1246. Tourism: brand health survey — Seaford...... 173 research...... 157 1322. Corrections: prisoners — 1248. Consumer Affairs: ministerial staff ...... 158 compassionate leave...... 174 1275. Gaming: ministerial staff...... 158 1325. Corrections: prisoners — 1276. Racing: ministerial staff...... 158 compassionate leave...... 174 1288. Corrections: Public Correctional 1326. Corrections: prisoners — Enterprise — tobacco smoke...... 159 compassionate leave...... 175 1290. Corrections: Public Correctional 1327. Corrections: prisoners — Enterprise — tobacco smoke...... 159 compassionate leave...... 175 1291. Health: Public Correctional 1328. Corrections: building design review Enterprise — healthy lifestyle grant...... 160 project...... 176 1292. Corrections: prisoners — 1329. Water: Lake Eildon and Lake compassionate leave...... 160 Eppalock — consumption ...... 176 1293. Corrections: prisoners — 1330. Water: Lake Eildon and Lake compassionate leave...... 161 Eppalock — consumption ...... 177 1294. Corrections: prisoners — 1331. Water: Lake Eildon and Lake compassionate leave...... 161 Eppalock — consumption ...... 177 1295. Corrections: prisoners — 1332. Water: retail tenancies — commercial compassionate leave...... 162 releases ...... 178 1296. Corrections: private prisons contract 1335. Health: Victorian public service — review notice...... 162 secondments...... 178 1297. Corrections: private prisons contract 1337. Health: consultancies...... 179 review notice...... 163 1338. Health: public hospitals — staff...... 180 1298. Tourism: regional tourism destination 1340. Health: public relations unit ...... 180 web sites...... 163 1341. Health: budget adjustments...... 180 1299. Tourism: regional tourism destination 1342. Health: superannuation — unfunded web sites...... 164 liabilities ...... 181 1300. Tourism: regional tourism destination 1343. Corrections: prisoners — web sites...... 164 compassionate leave...... 181 1305. Corrections: private prisons contract 1344. Corrections: prisoners — review notice...... 164 compassionate leave...... 182 1306. Corrections: private prisons contract 1345. Corrections: prisoners — review notice...... 165 compassionate leave...... 182 1307. Corrections: prisoners — 1346. Corrections: prisoners — compassionate leave...... 165 compassionate leave...... 183 1308. Corrections: private prisons contract 1347. Corrections: prisoners — transport...... 183 review notice...... 166 1349. Attorney-General: home detention 1309. Police and emergency services: program ...... 184 proposed Tarnagulla police station ...... 166 1352. Corrections: custodial community 1310. Environment: duck hunting ...... 167 permit programs...... 185 1311. Corrections: prisoners — 1353. Corrections: Ararat prison — compassionate leave...... 167 education programs ...... 185 1312. Corrections: private prisons contract 1354. Corrections: Barwon prison — review notice...... 168 education programs ...... 185 1313. Attorney-General: chief justice 1355. Corrections: Beechworth prison — appointment ...... 168 education programs ...... 186 1315. Treasurer: revenue ...... 169 1356. Corrections: Bendigo prison — education programs ...... 186 CONTENTS

1357. Corrections: Dhurringile prison — 1408. Corrections: Public Correctional education programs...... 187 Enterprise — staff...... 201 1358. Corrections: Langi Kal Kal prison — 1409. Corrections: prisoners — drug use ...... 201 education programs...... 187 1359. Corrections: Loddon prison — education programs...... 187 MEMBERS INDEX ...... i 1360. Corrections: Melbourne Assessment Prison — education programs ...... 188 1361. Corrections: Tarrengower prison — education programs...... 188 1362. Corrections: Won Wron prison — education programs...... 189 1363. Corrections: Fulham Correctional Centre — education programs...... 189 1364. Corrections: Dame Phyllis Frost Centre — education programs...... 190 1365. Corrections: Port Phillip prison — education programs...... 190 1366. Corrections: Ararat prison — assessment processes...... 190 1367. Corrections: Barwon prison — assessment processes...... 191 1368. Corrections: Beechworth prison — assessment processes...... 191 1369. Corrections: Bendigo prison — assessment processes...... 192 1370. Corrections: Dhurringile prison — assessment processes...... 192 1371. Corrections: Langi Kal Kal prison — assessment processes...... 192 1372. Corrections: Loddon prison — assessment processes...... 193 1373. Corrections: Melbourne Assessment Prison — assessment processes ...... 193 1374. Corrections: Tarrengower prison — assessment processes...... 194 1375. Corrections: Won Wron prison — assessment processes...... 194 1376. Corrections: Fulham Correctional Centre — assessment processes...... 194 1377. Corrections: Dame Phyllis Frost Centre — assessment processes...... 195 1378. Corrections: Port Phillip prison — assessment processes...... 195 1393. Employment and youth affairs: unemployed — prison system...... 196 1394. Aboriginal affairs: prison system...... 196 1395. Corrections: prisoner escapes...... 196 1396. Corrections: prisoner escapes...... 197 1397. Corrections: prisoner escapes...... 197 1398. Corrections: prisoner escapes...... 197 1399. Corrections: prisoner escapes...... 198 1400. Corrections: prisoner escapes...... 198 1401. Corrections: prisoner escapes...... 199 1405. Corrections: prisoners — drug use...... 199 1406. Corrections: design prisoner capacity...... 200 1407. Corrections: Office of the Correctional Services Commissioner — staff...... 200

CONDOLENCES

Tuesday, 30 March 2004 COUNCIL 1

Tuesday, 30 March 2004 laws at 24 years of age. As a measure of his achievement, Melbourne University awarded him an The PRESIDENT (Hon. M. M. Gould) took the honorary doctorate in law in 1982. chair at 2.03 p.m. and read the prayer. He served with distinction on the council of the University of Melbourne for 12 years from 1958. He ACKNOWLEDGMENT OF TRADITIONAL was also awarded an honorary doctorate from OWNERS Swinburne. He served in the Australian Infantry Forces for five and a half years from 1940. He also achieved The PRESIDENT — Order! On the first day of another distinction — that of being the first soldier to these sittings the Parliament today acknowledges the be admitted to the Victorian bar. Dick Hamer the lands and tribes of the nations of the Aboriginal people distinguished soldier rose rapidly through the ranks and of Victoria. fought in several major battles during World War II. He was part of the Australian 9th division’s Rats of Tobruk and fought at the battle of El Alamein under the THE NATIONALS command of Field Marshal Montgomery. He subsequently returned to the Pacific and served in New Change of name Guinea where he achieved a further distinction — that The PRESIDENT — Order! I inform the house that of being mentioned in dispatches for bravery. the Leader of the National Party has written to me to In 1944 he entered into a lifelong partnership by advise that the National Party has changed its name and marrying the now Lady April Hamer. Their marriage will now be known as The Nationals. lasted for over 60 years and they had five children, four of whom have survived Sir Rupert.

CONDOLENCES His formal military career concluded as a major in 1945, but he went on to be commanding officer of the Hon. Sir Rupert James Hamer, AC, KCMG Victorian Scottish Regiment from 1954 to 1958. Mr LENDERS (Minister for Finance) — I move: Following his military service he joined the family law firm of Smith and Emmerton as a 29-year-old. That this house expresses its sincere sorrow at the death, on 23 March 2004, of the Honourable Sir Rupert James Hamer, He joined the South Camberwell branch of the Liberal AC, KCMG, and places on record its acknowledgment of the Country Party in 1947 and served as a member of the valuable services rendered by him to the Parliament and the state executive prior to his entry to Parliament. He was people of Victoria as a member of the Legislative Council for the East Yarra Province from 1958 to 1971, member of the elected to this house as a member for East Yarra Legislative Assembly for the electoral district of Kew from Province in 1958. He joined the cabinet in 1962 and 1971 to 1981, Minister of Immigration, Assistant Chief spent the next 19 years there serving in a number of Secretary, Assistant Attorney-General from 1962 to 1964, portfolios that included immigration; Chief Secretary; Minister for Local Government from 1964 to 1971, Chief Secretary and Deputy Premier from 1971 to 1972, Premier of Assistant Attorney-General; local government; Victoria from 1972 to 1981, Treasurer from 1972 to 1979, Treasurer; arts; state development, decentralisation and Minister of the Arts from 1972 to 1979, Minister for State tourism; economic development and Deputy Premier. Development, Decentralisation and Tourism from 1979 to 1981, and Minister for Economic Development March 1981. His political career culminated in spending 3209 days, or almost nine years, as Premier, which made him the The Honourable Sir Rupert James Hamer, or Dick fourth longest-serving Premier of this state’s Hamer as he was known to his contemporaries during 44 premiers. In 1971 Dick Hamer was elected to the his political career, sadly passed away on Tuesday, Legislative Assembly as the member for Kew, and in 23 March. Most people in this chamber were in August 1972, upon the retirement of Sir Henry Bolte, St Paul’s Cathedral this morning for his memorial he became Premier of Victoria. service and state funeral, and many of us today will express sentiments about his wonderful life. His keen interest in environmental matters was telling with his key sponsorship of the Environment Protection He was born in Kew on 29 July 1916. He was educated Authority and the early green wedge preservation. He at Melbourne and Geelong grammar schools and ensured there was a focus within government for the attended the University of Melbourne. A distinguished creation of new national parks and reserves. student, he excelled across several disciplines, receiving honours in all subjects. He graduated with a master of CONDOLENCES

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Post Parliament he went on to be chairman of DISTINGUISHED VISITOR Greenhouse Action Australia, president of the Keep Australia Beautiful Council, a member of Friends of the The PRESIDENT — Before calling the next Royal Botanic Gardens and inaugural patron of the speaker I wish to acknowledge the presence of the Regional Parks Network in south-western Victoria. He Honourable Rod Mackenzie in the gallery. was instrumental in the establishment of the Victorian Arts Centre and took on a position as first arts minister. Debate resumed.

Hon. Sir RupertCONDJames OLENHamer, CES AC, KCMG, ED Dick Hamer worked tirelessly towards the development Hon. PHILIP DAVIS (Gippsland) — It is with of the Latrobe Valley’s conversion from coal to oil regret that I join this condolence motion, but it is an energy and was very active in positioning Victoria in opportunity to celebrate a life, not only to mourn. For the international arena. He was the first Australian me it was a shock that Sir Rupert should have died leader to establish direct relationships with our because he was larger than life, a veritable institution of neighbours in China and Japan. Victoria’s sister states contemporary Victoria, and for most of my adult life he in Aichi in Japan and Jiangsu in China were founded by played a large part in many areas of our cultural and Dick Hamer. social development. Many of us are shocked, because those of us who have seen him more recently Sir Rupert was a politician ahead of his time. His social recognised him to be an essentially healthy man with a conscience ensured a free vote that saw the abolition of very acute mind who was in touch with the detail of the death penalty in 1975, and he sponsored Victoria’s what we in this chamber were dealing with on a first equal opportunity legislation. He continued his day-to-day basis. Up to the minute of his death he had a service to the community after his time as Premier by lively interest in the affairs of the governance of this contributing both to his local community and more state. widely to the people of Victoria. He served on a wide number of community groups and public boards Dick Hamer will be remembered as a legend. He including being director of the Melbourne Underground played a crucial role in the development of Victoria. He restaurant-nightclub, chairman of the Victoria State leaves behind a legacy of cultural and personal Opera board, president of the Victorian College of the contribution that will be remembered for many years to Arts, president of the Friends of the ABC, president of come. Essentially a Renaissance man, he had the National Heritage Foundation, and president of the 18 distinguished years of military service, achieved Friends of the Royal Botanic Gardens. academic honours in his study of the law and was respected in business. Although he had 23 years in the In 1982 Sir Rupert was awarded a knighthood. Ten Parliament, much of which was in high office in years later he was awarded a Companion of the Order cabinet, after he left Parliament he took on business and of Australia. community works with gusto. In his roles outside Parliament after he retired from political life he was As those at the funeral today would have seen, the involved in the Eirene Lucas Foundation, funding theme of the tributes by his family and friends was a medical research, Werribee Park, the Girl Guides celebration of the six main interests in his life — Association, the Save the Children Fund, the family, politics, the arts, fairness, the environment and greenhouse action trust, the Melbourne International the community. Chamber Music competition, Yarra Bend National Park, the regional parks network, the National Heritage On behalf of the government and the Labor Party I Foundation, the cancer and heart consultative offer sincere condolences to the family of Sir Rupert committee, the Royal Botanic Gardens, the Hamer — his wife, Lady April Hamer, his surviving Commonwealth Constitutional Commission, Keep children, Christopher, Julia, Sarah and Alastair, and his Australia Beautiful and the National Institute of Circus grandchildren, Phillip, Rowena, Daniel, April, Rory, Arts. Edward, Christopher and Alexander. For those of us who are, if you like, embryonic in our Debate interrupted. political careers, I wonder if we would aspire to devote such energy to community service beyond our term in this place. He is a striking example of a man who devoted his life to the community. Dick Hamer was the son of Hubert, a solicitor, and Elizabeth Anne MacLuckie of England. We all know that he married April, Lady Hamer, and was the father of Christopher, CONDOLENCES

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Alastair, Julia and Sarah. He was the grandfather of of course, a far cry from when he pulled on a digger’s eight. We should pause and remember that in making slouch hat 18 years earlier. his contributions to society he never forgot that primarily the family is the greatest institution of our Following his time in the armed forces he reflected on society, and he was devoted to his children, his wife his time in combat, when he said, ‘We survived and, of course, his grandchildren. because of determination, camaraderie, and the good old-fashioned digger’s sense of humour’. He was educated at Melbourne Grammar School and finished his secondary education at Geelong Grammar This philosophy helped him throughout his life. The School, where he came under the influence of the great first person to be admitted to the bar in uniform, he educationalist Sir James Darling, who had a profound signed the roll in 1940 and with a master of laws from effect on many educational and other institutions in the University of Melbourne he spent time as a barrister Australia and was particularly influential in the with family law firm Smith and Emmerton. At about formative years of Dick Hamer’s education. Sir James this time, in 1947, he joined the Camberwell branch of Darling was recognised as a liberal humanist, and I the Liberal-Country Party and went on to become a believe Dick Hamer’s development intellectually and member of the state executive of the Liberal Party. He philosophically came out of the nurturing that was served as an upper house member for East Yarra invested in him by Sir James Darling. Province from 1958 to 1971, whereupon he was elected to the Legislative Assembly seat of Kew, which he held We all recognise that he was an academic, and until 1981. following his secondary studies he obtained a law degree at Melbourne University. He studied a wide While serving as a member for East Yarra Province, range of disciplines and was awarded a master of laws. Dick Hamer was approached by Sir Robert Menzies to take over the federal seat of Kooyong, and I am sure Dick Hamer was a major in the Australian Imperial many other members would have reflected on similar Force from 1940 to 1945, serving in Tobruk, New approaches. Dick Hamer did not take up the invitation. Guinea and Normandy; he was instrumental in He demonstrated his true commitment to Victoria and developing the Rhine crossing strategy. In June of his refused the offer, because he wanted to have the kind of first year in the army, 1940, he was sent to Victoria direct effect on people’s lives that he felt could only be Barracks to work in the top secret decipher section, achieved within a state context. with little more instruction than ‘Decipher this’. As has been said by the Leader of the Government, In 1944 he returned to Australia on leave and was Dick Hamer held many significant posts in married in March. Only a month later, as the Allies government. From 1962 to 1964 he was Minister of were in the advanced stages of preparing an invasion of Immigration, Assistant Chief Secretary and Assistant the French coast with a view to rolling back the Nazi Attorney-General; from 1964 to 1971 he was Minister forces, he packed his bags and headed back off to war. for Local Government. He then moved to the As was often the case in war time, he should have been Legislative Assembly and from 1971 to 1972 was Chief enjoying his honeymoon with his bride of not even a Secretary and Deputy Premier; from 1972 to 1981 he month, but instead he flew first to the United States and was Premier and Minister of the Arts, and he was then across the Northern Hemisphere from Treasurer from 1972 until 1979. Between 1979 and Newfoundland to Scotland in order to board a Liberator 1981 he was Minister for State Development, bomber bound for London. Decentralisation and Tourism. In 1981 he was Minister for Economic Development. Once in London he was attached to the combined operations headquarters as a member of its training From 1973 he somehow found time to put pen to paper, team to undertake the greatest amphibious invasion in and I find it quite remarkable that he in fact wrote a the history of modern warfare. He was there when the number of books covering subject matter such as allied armada crossed the English Channel, and he federalism and design for the future of Australia, and landed on the French coast with a company of royal the necessity for constitutional change in an marine commandos. ever-shifting landscape. To fit that in with all the other activity with which he was burdened seems a Sir Rupert’s military days concluded a lieutenant remarkably energetic commitment to intellectual and colonel appointed to the Victorian Scottish Regiment as academic thought. its commanding officer from 1954 to 1958, which was, CONDOLENCES

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Dick Hamer as a man was many things to many people, academic, non-gambling, light-drinking, small-l liberal; but essentially he was a man of great humility. On his he did, however, see eye to eye with Bolte on the ascension to power in 1972, and following in the importance of facilitating the survival of Australian footsteps of Sir Henry Bolte, he was referred to by the states as distinct entities. Age as: As a Liberal Premier, while continuing to promote the The urban and urbane man trying to wear the baggy suit of ideals of economic growth and self-determination, he the bluff farmer from Bamgannie. brought to both the party and the office an energising We can all understand that comparative observation perspective on existing policies becoming enduringly because Sir Henry Bolte had been such a dominant associated with lifestyle liberalism that spoke to a political figure in this state, and I guess the presumption broader gamut of Victorians. His renewed approach to was that the jury was out on the new Premier. He the environment, the arts, urban planning and social wasted no time getting to work, which was his style. He welfare redefined the Liberal landscape and necessarily hated wasting time. He insisted that meetings should be the operation and responsibilities of his government brief and to the point; he did not suffer fools gladly and which surrounded it. Under Hamer the party grew in was often heard telling people quite simply to get on strength, the government in confidence and the with it. Parliament in stability.

He was a strong advocate for change and believed that His prudent vision saw him ever prepared for what lay those in power should do all they could to help young ahead. Predicting that a lack of recreation areas for and talented people on their way. Never was this more those wishing to escape the hustle and bustle of the city clearly illustrated than in 1995 when having been would be the single biggest challenge facing a chairman of the Victoria State Opera for 13 years Dick government in the 1970s, as Minister for Local announced he would be stepping down from the role Government he froze development along Victoria’s that gave him great joy because, as he put it, ‘other coastline all the way from the South Australian border people have to be given a chance’. to New South Wales. To the horror of the government at the time his board of works predicted that by the turn He was responsible for such icons as the Victorian Arts of the century Victoria’s population would number Centre, the ministry of arts and a host of regional 5 million people. Four years into this new century our cultural developments. His government also instituted population is now just slightly over 5 million. Thanks to legislation for the establishment of the Environment Dick Hamer’s realism and foresight plans were enacted Protection Authority. He essentially leaves three great many years ago to provide governments today with the legacies: arts, environment and equal opportunity. best possible opportunity to combat growth in our cities and out through the corridors. He was a true and eternal statesman; he was never comfortable with the expectations of opposition parties, Dick Hamer recognised that the important issues of and I dare say many premiers have had that same conservation and sustainability facilitated the growth of difficulty. While he understood the necessity of Victoria beyond its metropolitan boundaries. During his opposition to demonstrate the incumbent government term of office, Victoria’s country roads were arguably as inept, he felt that such an approach was the best in the world, natural gas was extended to narrow-minded and failed to respond to the changing provincial cities and government bodies began to set up nature of politics. He attributed his gravitation to offices outside the central business district. He politics as a desire to do something to continue the invigorated country Victoria, making it an attractive work he had begun as a Rat of Tobruk defending those and fertile destination for Victorians. institutions and ideals that required protection. The first senior Liberal figure to speak out in support of Sir Henry Bolte’s departure following a 19-year republicanism, Dick Hamer felt strongly that parliamentary career, of which 17 years were spent as renunciation of the monarchy was inevitable, that Premier, could have been fraught. Instead it proved a change was required and that it would require seamless if not welcome change supported bipartisan support to effect that change. In Dick’s own enthusiastically by members of the party and the mind Australia faced two major challenges for its community alike. Indeed, Dick Hamer was endorsed in future: the impact of rapidly advancing technology on 1976 with a record-winning majority of 51 out of job numbers and employment levels; and the combined 81 seats in the Legislative Assembly, but he displayed effects of early retirement and longer life on the no hubris only humility. He was for all intents and community and economy. He was an enlightened purposes the direct opposite of his predecessor. An CONDOLENCES

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visionary, well liked and respected by those across the More recently, about a year ago, we attended a function political spectrum. at the Hamilton racecourse to acknowledge the parliamentary contribution of Bruce Chamberlain, a I want to reflect on some personal experience with Dick former President of this house. Dick and I both arrived Hamer. The recollection of my first engagement with early, and we chatted intimately for quite some time Dick was when I joined the Liberal Party as a Young about a vast range of public affairs. For a man who was Liberal back in 1975, which of course dates me. I am then 86 and who had been a long time out of public life, not embarrassed to admit that one of the primary people he displayed an intimate grasp of detail. He had a keen I had regard for in Victoria at that time was Dick understanding of the issues and a desire to continue to Hamer. He represented to me a set of values which I be involved intellectually in the debates about what is believed were consistent with the development of our important to Victorians today. community. So today we mourn Dick, and we extend our support to Dick Hamer always had time to talk to young people his family, but we also celebrate a life and the excellent and went out of his way to engage and encourage contribution of a Victorian who was an accomplished participation in any forum in which he came across parliamentarian, a visionary Premier and, above all, a people. He was gifted at putting people at ease, whether good bloke. He was very much loved, and he will be it be around Young Liberals or at a Young Liberals deeply missed. I think we should robustly celebrate meeting where he might have been an official guest. Dick Hamer’s life. Indeed at the state council of the Liberal Party he would always engage in conversation with people informally, Hon. P. R. HALL (Gippsland) — The Nationals always setting them at ease and encouraging them to today join with the government and the opposition in contribute to policy debate. expressing sincere sorrow at the passing of the late Honourable Sir Rupert James Hamer. I can recall when inevitably I was the Young Liberal candidate for the seat of Gippsland East in 1979 Bruce I think we can all learn a lot by reflecting on the lives of Evans was the National Party member, and he had a great people, and today we reflect on the life of Sir singularly spectacular grip on the seat with about a Rupert Hamer. I have no hesitation in putting the late 68 per cent margin. Dick was very encouraging of me Sir Rupert Hamer in the category of a great Australian, in my involvement. I recall an informal thing that and I would go as far as to say that even without his happened one day. He said, ‘Thanks for helping us to outstanding political career Sir Rupert Hamer would support the upper house candidate. You need a still be acknowledged as being a great Australian purely photograph with me, don’t you?’. With that he called because of the contributions he made to many aspects somebody over who had a camera and arranged for the of public life in Australia. Moreover, the way in which photo to be taken. It was a gesture by Dick Hamer, the he went about making those contributions in both his person, in recognising that the party had called on political life and his social life demonstrated very someone who was at the bottom of the learning curve clearly that Sir Rupert Hamer was a man rich in about the political process to give it assistance. Dick compassion; he was rich in innovation and particularly simply engaged with me spontaneously in a way that rich in integrity. today’s formality, structures and processes around party organisations sometimes do not give the opportunity I did not know Sir Rupert Hamer personally, but the for, but he was always spontaneous. legacy of his involvement in public affairs throughout the 87 years of his life really does speak for itself. His One of his interests was the Gippsland Lakes. He and political career has already been well documented in the Hamer family spent many a happy holiday at this debate and earlier today at the cathedral service. It Metung before the sea change revolution had changed was a career that spread across some 23 years. From its very nature, and when it was indeed just a fishing 1958 to 1971 he was a member of this chamber and village. One of the things that I noted about Dick’s time from 1971 to 1981 he was the member for Kew in the at Metung on a fairly regular basis was that he left Legislative Assembly, during which time he served one behind an impression of absolute sincerity — of being a year as Deputy Premier of this state and nine years as normal person and a good family man who enjoyed the Premier. As has also been mentioned, he held benefits of the environment, the natural beauty of the numerous portfolios including immigration, local Gippsland Lakes and the people around him in a very government, treasury, arts, state development, informal way. People today still speak very warmly of decentralisation and tourism, and economic Dick’s association with Metung. development. CONDOLENCES

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His achievements both as Premier and in those various most to be admired about him, and that has also been ministries have also been well documented, and they mentioned in some of the contributions. It was have included particular interests of his such as highlighted in an Age article of 24 March written by promoting the arts. He undertook some pioneering William Birnbauer, headed ‘The gentleman politician’. work in the environmental area and brought about some Comments in this article include: major progressive reforms in what we might describe today as an area of social justice. Sir Rupert Hamer’s More than most political leaders, the urbane and accommodating Sir Rupert is regarded with admiration and contribution to public life was far from confined to his esteem by supporters of all political parties. years in politics. Both prior to his political career and after it he contributed much to public life, literally right Later on, the article states: up to the day he died. ‘Dick’ Hamer was a cultured, moderate and unpretentious A real mark of respect for the man has been clearly man ... demonstrated by the huge number of death notices There is recognition in the article from Joan Kirner, a published in the statewide newspapers by the various previous Premier, who is quoted as saying: organisations in which he had an interest. I note in particular that today, some seven days after his death, He was a Premier with integrity and is a post-Premier with those death notices are still appearing. In the Age today integrity. four organisations expressed grief: the Friends of Towards the end of the article it states: Churchill Island Society, the Maritime Heritage Association of Victoria, the ALSO Foundation and the He more than once indicated his dislike for the divisive nature Melba Foundation. Each of those notices told a story of of today’s politics. In a sense, he showed Australians another the contribution Sir Rupert Hamer made to the purposes way. of those respective organisations. Over the last six or He proved that governments can reform and advance seven days those death notices have made for absorbing community life without the need for adversarial politics or reading. They have described to us in a personal way what he called ‘personal vilification and guttersniping’. the many contributions Dick Hamer made to so many community organisations in this country. As I said at the start of my contribution, I think we can all learn by reflecting on those thoughts about When you look at the number of public positions that Sir Rupert Hamer. This house’s past President, the Sir Rupert Hamer held it is easy to see how committed Honourable Bruce Chamberlain, also wrote an obituary he was to serving the public. I am not going to name all in today’s Age newspaper in which he concluded by of those organisations, some of which have been listed saying: previously, but it is astounding for a person who served We have all been enriched by the life of Dick Hamer. He was 9 years as Premier of this state and 23 years in political a civilised and civilising man. life as a member of this Parliament to have also, mostly during the time of his political career, served Indeed we have been enriched by the life of Sir Rupert 24 years as vice-president of the former Swinburne Hamer, and we can thank him for all he taught us by the Technical College and 12 years as a member of the example he set. The Nationals mourn the passing of this Melbourne University council, spent 24 years on great Australian and send sincere condolences to his organisations like the Royal Children’s Hospital board, wife, Lady April Hamer, his daughters Julia and Sarah, been associated with organisations like the Girl Guides his sons Christopher and Alastair, and their families. Association and the Keep Australia Beautiful Council, served 23 years as a trustee of the Melbourne Cricket Hon. T. C. THEOPHANOUS (Minister for Energy Ground, been a national president of the Save the Industries) — I wish to add my support to this Children Fund, been involved with greenhouse action, condolence motion, and I do so because I can well been president of the Melbourne International Chamber remember when Sir Rupert Hamer became the Premier Music Competition since 1988 — and the list simply of Victoria. In many ways for many of us on this side of goes on and on. So it was not just a simple contribution; politics I think, as well as on the other side of politics, it it was a long-lasting contribution which clearly really was like a breath of fresh air. At the service today demonstrated personal commitment to the organisations Rupert Hamer was described as a liberal humanist by a he served. number of people, and I really think that is a title which is richly deserved. When we talk about his being a I said earlier that the manner in which Sir Rupert liberal humanist we use the term ‘liberal’ with a small Hamer went about achieving was perhaps what was ‘l’. He was a member of the Liberal Party, but there are many people on this side of the house who would also CONDOLENCES

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describe themselves as liberal humanists. He was a man But he also had a sense of humour. I can well recall one who embodied those values in a number of different occasion when I was on radio trying to defend a ways in the actions he took. particular occurrence when the bronze bust of Rupert Hamer was dislodged from its normal place and He took over as Premier at a time when Sir Henry Bolte replaced with a comical one of Jeff Kennett for a period had been the Premier for 17 years and there had been an of time. I was on the radio talking about this, and I institutional view about conservatism in Victorian made a comment like, ‘I think Rupert Hamer would see society. Sir Henry Bolte had a certain style which was the comedy in this and would find it humorous’. The more akin to a kind of agrarian socialism than liberal radio presenter immediately said, ‘Let’s ask him, he humanism. Dick Hamer came into the picture and was happens to be on the line right now’. I went completely able to unite this community in a way that has rarely red and thought, ‘What is he going to say?’. He came been done. He was a liberal because he believed in on the radio and he saw the humour in what had taken liberalism; he believed in the rights of the individual place; he made a comment about the need for some and the role of the state in supporting the individual. He humour in this place. So he was a man of humour as believed in those things, and nowhere is it more clear well as being a humanist. than in the example of his support for equal opportunity, because there is embodied the notion that I conclude my remarks by simply saying that, as we liberalism, if it is about anything, is about all have heard in comments by Joan Kirner, there are individuals whether male or female and irrespective of people on this side of the house who deeply respect background having the same rights and opportunities. Rupert Hamer’s contribution. I offer my deepest condolences to his wife, April, and to the rest of his He embodied that. He was also a humanist right to the family. end, as indicated by the fact that his family has asked for donations to be made for asylum seekers. Many in Hon. ANDREA COOTE (Monash) — This the community would see that as unexpected. But those morning, together with over 1000 Victorians, I attended who knew Rupert Hamer would not see that as a memorable state funeral for Sir Rupert Hamer at anything out of the ordinary. He supported the idea that St Paul’s Cathedral. It was a celebration of a life — I we have a responsibility to those who are less fortunate think all of us who were there had that feeling. I had in our community — the Leader of The Nationals has considered Sir Rupert a friend, and I was very appropriately described that as a commitment to social impressed to think I was amongst so many others who justice. also called him a very good friend. It was salutary to see, and I felt it a great honour to have known, I was at the funeral service today. I do not think befriended and been befriended by Sir Rupert Hamer. anybody could not have been impressed by the contribution from another former Premier, Lindsay There is a railway bridge in Camberwell with a sign Thompson, who went to the podium without notes and that has been there for over 30 years. It says ‘Hamer spoke for 15 minutes in an incredibly articulate and makes it happen’. That was a slogan from the passionate way about somebody whom he obviously 1973 election campaign. We all know, and have heard had worked with very closely and whom he knew and from many of the speakers today, that Hamer did make loved very well. I found that the most moving part of it happen. In fact he had been making it happen ever the speeches and the service. Sir Rupert inspired that since he left the political arena as well as when he was kind of thing, and all Victorians should be grateful for Premier of this state. it. I ask the members in this chamber to cast back their As has been indicated, Dick Hamer was also an minds to the post-Bolte years. Think about Victoria and environmentalist. He had a vision of the need to protect Australia in the 1970s, which puts Sir Rupert’s our environment, to have open space in our community premiership into perspective. In the 1970s the Labor and so on. He was an environmentalist and a liberal Party came into power federally for the first time in humanist. He understood that humanity is more than 23 years; South Australia appointed the first Aboriginal just the day-to-day need for existence; it involves governor; the Australian Democrats were formed; a something higher. That is why he made such a valuable Melbourne group of women launched the Women’s contribution and pursued the idea of the arts with a Electoral Lobby; there was a huge controversy over the passion. When Richard Divall spoke at today’s service purchase by the National Gallery of Australia in he was talking about that higher aspect of our Canberra of Blue Poles by Jackson Pollock; humanity. That is why Rupert Hamer was described as 1000 people lined up in Melbourne for divorce on the a humanist. first day of the new Family Court of Australia; cigarette CONDOLENCES

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and tobacco advertising was banned on radio and conservation. He put soil conservation, fisheries, television; the Methodist, Congregational and wildlife, national parks and environment protection Presbyterian churches joined together to form the under one umbrella. Uniting Church; and the bionic ear was developed by Professor Clark. It is against this background that we It is important to know exactly what he did with must remember Dick Hamer as Premier and conservation while he was in that portfolio. He acknowledge the enormous humanitarian, cultural and established 38 wildlife reserves, 105 forest and park environmental gains he made for this state. reserves, 6 new forest parks and over 22 246 acres of protected natural land as well as purchasing Under Rupert Hamer the Liberal government made Westerfolds, Cape Schanck and the Dandenongs for some enormous and long-lasting changes to our future generations of Victorians. Sir Rupert Hamer political tapestry. It is salutary to note some of the spent $2 million protecting the habitat for the Victorian achievements in the first years of the Hamer Liberal emblem — the helmeted honeyeater. Dick Hamer also government. For example, there were a record number established the first consumer affairs ministry. of teachers in training — 18 000 — and 1600 teachers were recruited from abroad. This was the biggest As has been said during this condolence motion, many program of training and recruitment in Victoria’s members of our community have praised Sir Rupert history. At that time Victoria’s teacher-pupil ratio was Hamer. I would like to quote some of them. One of the the best in Australia and one of the very best in the leaders of the Victorian community, Dame Elisabeth world. Murdoch, said:

Hamer gave an additional 25 per cent funding to mental I think that he was one of the very greatest of Victorians in every area of significance to this state. He was very wise and health. Alcoholics and drug addicts were offered long sighted in government and he did so much for the arts, treatment and rehabilitation instead of punishment and music and, of course, horticulture. degradation. There were 100 new trams, and 30 new buses were delivered. Under Sir Rupert Hamer the Janet Calvert-Jones said: contracts were let for $43 million worth of tunnelling I think he was a most wonderful Australian, he gave such and station construction for the Melbourne wonderful leadership in humanities and the arts. underground, which we take for granted now. The media has been extraordinary in its outpouring of Sir Rupert Hamer opened the police academy at Glen commentary on Sir Rupert Hamer. The tributes to a Waverley. It was Hamer’s Liberal government that very special man have been amazing and touching. I introduced the first no-fault liability scheme in shall read just one quote, which I think is important for Australia for compensation to victims of motor vehicle us to remember. Winsome Roberts in the Australian of accidents. It was at this time, under Sir Rupert Hamer, 25 March said: that the victims of motor car accidents had to be tested for blood alcohol levels. He also established the Prisons Following Rupert Hamer’s death on Tuesday, warm tributes Advisory Council. Also, as was said before, the gas to the long-time Victorian Premier have flowed from both sides of the political divide. During his lifetime he had been transmission line to Ballarat and Bendigo was honoured by key cultural institutions, notably with a sculpted constructed. He gave approval to build Victoria’s bust and a lecture series at the University of Melbourne’s largest single hydro-electric plant at Dartmouth Dam. Trinity College.

One of the most well-known things Sir Rupert did was This is fitting because he valued public life and understood that the institutions of cultural life are integral to the political to establish the first Ministry for the Arts, and the first community. What is memorialised, transcending the personal, director of the arts was appointed in July 1973. Sir is the importance of public life. Rupert was always to be remembered for granting Hamer’s commitment to civic duty embodied this. Politics, permission for the construction of the 2500 seat for Hamer, was more than just a career, although that career Melbourne Concert Hall. The first Victorian College of was long — he served as an MP from 1958 for 23 years and the Arts was established under the Hamer Liberal as a distinguished Premier from 1972 to 1981. Above all else, government. He ensured that certain medical records he wanted to serve the public good. were protected under legislation. The comments by various politicians have also been As was said before, Sir Rupert Hamer established the very moving and indeed reflect the huge regard that the very first Ministry of Conservation in Victoria. It is whole of Australia held for Dick Hamer. The Prime important to understand that this brought together Minister said: several government bodies, all of which had dealt with CONDOLENCES

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I lament the loss of a fine Victorian who served Australia with Carden paid a choral tribute and Fay Marles a great commitment in war and in peace. represented the University of Melbourne. As we left The Leader of the Opposition in the other house, Robert St Paul’s Cathedral we saw across the road, in Doyle, said: Federation Square, high on a trapeze the National Institute of Circus Arts performers pay tribute to He was committed to and worked for a compassionate someone who helped to sponsor and support them. It society, his priority was an improved quality of life for all. was very fitting, very moving and a lovely tribute to a Dick Hamer will be remembered for his commitment and very special man. passion for issues and causes associated with education, the arts, the environment and young people. His vision of Sir Rupert died in his sleep, aged 87. The finest tribute Victoria as the Garden State is as true today as it was when came on the day after his death from his daughter in a Dick was Premier. radio interview on the ABC. Julia Hamer said of her father: Lindsay Thompson’s oration at today’s funeral was remarkable. The interesting part about Lindsay’s He really enjoyed life. comments was at the end: he stood there and after a very powerful speech, gave a poignant salute to his How lucky we, as Victorians, are that he made our lives friend and his Premier. As the Honourable Theo so much better along the way. My sincerest sympathies Theophanous said, it was a moving part in today’s go to Lady Hamer, Christopher, Julia, Sarah, Alastair ceremony. and the grandchildren of Sir Rupert and Lady Hamer. I would like to thank them for sharing him with us. From the other side of politics it was good to hear Joan Kirner say: Hon. C. D. HIRSH (Silvan) — I want to contribute to this condolence debate in terms of two elements of Sir Rupert Hamer was much loved. As a Labor person I Sir Rupert Hamer’s very community oriented life. found him great to work with on issues of mutual interest, like According to Sue McLeod, president of the Ringwood ensuring Point Nepean became a national park, promoting the arts and issues of social justice. He was a special kind of Highland Games where Sir Rupert was the chief for politician — one who worked with the community for the many years, the first Ringwood Highland Games were community. organised in his lounge room. Sir Rupert was to have been at the games last Sunday as their chief, so a very Barry Jones, a former federal Labor minister, said: moving tribute was made to him at the games. On Sir Rupert was compassionate, courageous and deeply behalf of Sue McLeod and the other people involved intelligent. I think Dick Hamer was the finest flower in the with the Ringwood Highland Games, I pass on my Victorian Deakinite liberal tradition, and I admire him greatly, condolences. and I worked with him very closely on a number of causes including the arts and the abolition of the death penalty. In the 1970s when Dick Hamer was Premier he took a So many people have been touched by Sir Rupert great interest and involvement in Kew Cottages. Prior Hamer’s legacy. The death notices in the newspapers to his involvement and his support of the Ages Minus showed the variety of organisations that he continued to children’s campaign, the residents of Kew Cottages support. There were notices from the officers of this were considered ineducable and lived a very stark life chamber, the Legislative Assembly, the former in many ways. Sir Rupert Hamer ensured that both parliamentarians association, the Returned and Services educational facilities and money poured into that League, the Ringwood Highland Games, the Taralye institution. Many teachers were appointed there, and the Deaf Society, the Hawthorn Football Club, the Rats of lives of the residents of that place were improved Tobruk, Field and Game Australia, the National dramatically under his support and with his great Institute of Circus Arts, the Royal District Nursing financial and heartfelt contribution to that organisation. Service, Fintona Girls School and one that I was I certainly extend my deepest sympathy to Lady Hamer particularly involved in with him in the latter stages of and his family. his life — the Chances for Children program in Hon. D. McL. DAVIS (East Yarra) — It is a great Mildura, an excellent organisation to which he had pleasure to be associated with this motion to honour the given an enormous amount of time and effort. It is a life of Sir Rupert Hamer. Dick Hamer was somebody I very special cause and he made a pilgrimage to Mildura knew well and somebody I respected greatly. I know every year to support Chances for Children. that I speak on behalf not just of the people in this Today in the church we heard the Melbourne Scots chamber but of many in East Yarra Province, the association piper and the Trinity College choir. Joan electorate I share with the Honourable Richard CONDOLENCES

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Dalla-Riva. Both he and I know of the affection that so made those points very clear. That ability to link with many people across the electorate felt for Sir Rupert his community and to remain engaged — as has been Hamer. pointed out in the newspapers and elsewhere over the last week or so since his death — means that in a sense Dick Hamer was extremely well known throughout the he died with his boots on. He was a man who was still province and throughout the electorate of Kew, which engaged with his community. He was linked with so he represented in the other house. When he was elected many different organisations where he built up to Parliament in 1958 he was already well known. enormous goodwill towards both himself and the There was a family connection to the Swinburne family Liberal Party. and a member of that family had been a member for East Yarra Province, so there was some significant link I note particularly a few areas where it is important to across time in the province. However, at the same time list his specific achievements. His progressive stance in Sir Rupert, who had been one of the Rats of Tobruk, areas like multiculturalism has not been sufficiently had made an amazing contribution to his country recognised in contributions made in the press and through his service during the war not only at Tobruk elsewhere to date. I know even at the local level he was but also in Europe for his planning of activities on the a leader in engaging with multicultural communities of Rhine and in military intelligence and planning. our area and the state. He was prepared to lead that process in the 1970s. Even down to branch level he was It is clear that his administrative skills in later times, prepared to foster and encourage people from whatever both as a minister and as Premier, owed a great deal to background. It was reflected in his understanding of the lessons he learnt in military life — the patience, the equal opportunity and the need to ensure that both understanding of people, the ability to plan and the women and people from all backgrounds were given ability to work cooperatively with people, as well as the the fairest opportunities and chances in our society. Sir ability where necessary to stand up for what he truly Rupert Hamer was prepared to back up his views in this believed in and to make the right decisions and area with actions. I know that the contribution today by judgments. the first Equal Opportunity Commissioner appointed in Victoria, Faye Marles, was something that touched all Sir Rupert Hamer was somebody who showed great of us. It reflected the strong and generous nature he had. judgment in so many ways in his ability to move with His enormous contribution to the arts — and a great the times and understand what was necessary in the deal has been said about that over the past few days — community and society that we wanted to live in at put the arts in Victoria on the strongest possible footing. certain periods. As has already been referred to not only He left us a legacy that will last for a long time, at the service today but also in this chamber, when he particularly with performing arts venues and galleries, came to the premiership in the early 1970s he was in including the National Gallery of Victoria itself, and in every way a man for his time. He was able to so many other aspects of the arts, whether it be the encapsulate the progressive nature of that period and opera or chamber music. I could go on. Sir Rupert’s understand that the community needed to move forward humanistic understanding of the importance of the arts on a whole series of different issues. Towards the latter is a lesson, and he is a role model for each and every end of the 1970s a different time was in evidence, and one of us. he was able to change the nature of the administration that he led as Premier. That ability to understand the I know that his preparedness to engage with younger community and its needs was a great skill. I certainly people has been spoken of at great length. There is no found as an MP elected in 1996 that he was keen to talk doubt that his fostering of younger people, his to me. He had as much time for me as I was able to encouragement of them, his preparedness to spend time give, and he was certainly prepared to advise me in any with them and his steps in government to mark the way that I sought. He was generous with his thoughts importance of younger people and ensure that they and views. From time to time he would ring me and were incorporated into the activities of our community say, ‘No, you should think about doing things this way in the most encouraging and generous way are or that way’. I confess a great deal of learning was hallmarks of his administration through the 1970s. occasioned by his comments and his general advice. His remarkable foresight concerning the environment As has been said, he was also a man with genuine will stand as the greatest marker for his period as community links who gave to his community locally. I Premier and beyond. I know that his reforms involving do not propose to list the enormous number of the Land Conservation Council, town planning and organisations he was involved with, and the protecting both our immediate built environment and contributions of others in this chamber today have CONDOLENCES

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our wider environment are something that I believe will achieve something too. And, of course, keep in touch with withstand long-term scrutiny. When people are writing other people. I hate the idea of people being huddled in front of their television set or gas fire. That’s an existence, but it’s the history of Victoria in 100 years time they will look not living. back to that period in the 1970s when Sir Rupert led the government as Premier and had such a powerful impact Rupert Hamer has been described as Victoria’s first on guaranteeing the protection and future of our modern Premier. He always understood the need to environment, no matter whether it is through the green balance social, economic and environmental wedges, the national parks that have been protected or considerations. Dick Hamer did not see these the work of the Environment Protection Authority. I considerations as being necessarily in conflict. Indeed can only place on record my views on these issues, and in 1973 as Premier he is quoted as saying: I can only say that he has made a remarkable impact on our society, has made a remarkable impact on me as an Economists gave us the concept of gross national product, and interest has centred on the rate at which it grows. It is individual and is someone who will be sorely missed. time that our proper concern with growth should be tempered with a greater emphasis on the very essence of the quality and I shall conclude by quoting Sir Rupert in 1976 when he purpose of life itself. Is it time — was asked why he entered politics. He rather self-consciously replied: asked Dick Hamer —

I was studying political theory and political philosophy at the to think about gross national wellbeing? university just before the war, and because such things were then highly relevant we spent a lot of time looking at arbitrary Thirty years later, unfortunately, with the rise of the systems of government — Mussolini, Hitler, Stalin … I came economic rationalists, we are still looking at success to the conclusion that democracy, with all its faults, was the with a very blinkered view. Success is viewed in the only system for a free man in a free society … The Labor context of how much wealth we have or how much Party approach didn’t appeal to me. It tends to be authoritarian, putting the state above the individual when it money we make. I am sure Dick Hamer would be very should be the other way round … Government exists to serve disappointed that our thinking has not advanced over individual need, to allow individual choice, to help the those last 30 years. individual reach his full potential … I know that sounds a bit pretentious, but that’s what I believe and that’s why I got into A quote from Macbeth says: politics. That’s all. Nothing in his life became him like the leaving of it. Hon. J. G. HILTON (Western Port) — I only met Rupert Hamer on one occasion, and that was at the And although the comparison is not exact, Dick citizenship ceremony in the Shire of Cardinia in Hamer’s leaving of the premiership can be viewed in a January. However, he always impressed me as a similar light. Not many leading politicians who achieve thoroughly decent, genuine and compassionate person. the Prime Ministership or the premiership leave office He was a member of that, at least in the public’s mind, voluntarily. They are defeated at the ballot box or in the somewhat rare breed, an honourable politician. party room. Having tasted the fruits of power they seem to find it hard to give up the trappings of that power. It Dick Hamer’s life can be summarised as a total was not like that with Dick Hamer. He left with dignity commitment and dedication to public service. He and grace, with his reputation enhanced rather than served his country at Tobruk, El Alamein, Normandy diminished. and New Guinea. He served his state initially as a MLC but then as a MLA, and of course as Premier. Then he Although at the time of his resignation it was becoming served the community, and among his many apparent that the 27 years of Liberal government were commitments he was president of the Victoria State coming to an end, as indeed at some stage all Opera, president of the Friends of the ABC, president governments come to a end — and there were some of the Save the Children Fund of Australia and rumblings within his party that possibly there should be chairman of Greenhouse Action Australia. some changes, and ambitious young men, as is their entitlement, were considering how best to further their When he stepped down from the premiership he retired, interests — there was no concerted push to remove but his version of retirement was not sitting by the fire. Dick Hamer from the premiership. Indeed, as Jeff In an interview he gave in 1984 he is quoted as saying: Kennett is quoted as saying in his biography, when Consider retirement as the opening of a new door, a new Dick Hamer made his announcement: world where the pressures are less, where enjoyments can be much greater, and the feeling of satisfaction much greater You could have blown the stuffing out of us. He was head because you can do the things that you want to — and and shoulders above anyone around the cabinet. CONDOLENCES

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He resigned because he felt it was time. I also believe equally giving him responsibilities, which he picked up he resigned because he knew that life does not and carried all his life. Throughout his long life necessarily end when you step down from being whatever he did he tried to make a difference, and the Premier. For the next 20 years Dick Hamer provided evidence of that is there for all to see. evidence of that. In particular in my electorate, which I share with As I previously mentioned, he involved himself totally Ms Argondizzo, we have Westerfolds Park. If it had not in the community. He championed many causes, and been for Dick Hamer the hills of Doncaster would be one was Point Nepean which is, of course, very relevant alive with little houses. Westerfolds Park, which is an to my province of Western Port. Dick Hamer wrote a integral part of the electorate we share, is entirely there letter to the Age in the middle of last year, co-authored because of the commitment he made and the fact that with Joan Kirner, establishing his views that Point he took on the developers, because there were people Nepean should be retained as one national park. who had their eyes on the apple orchards out there and they were going to turn them into houses. That is just Finally, Dick Hamer was fortunate in the way his life another example of the lasting legacy that he leaves came to an end. He was sharp minded and active until behind for us all and for generations to come. his death. I understand that in the week of his death he was present at the annual Hawthorn Football Club But it is not just the difference that he made, it was the dinner when the jerseys were presented to the players manner in which he made it that was the mark of the for the upcoming season. I am sure he would have been man. Again, many people have spoken of his character very proud of his beloved Hawks, of whom he was the and the way he conducted himself in both his public no. 1 patron, for their victory at the weekend. and private life. He was a man of absolute integrity. He was a man of commitment, a man of real character. He Thank you, Dick Hamer, for a wonderful life, a life served his country, he served this Parliament, he served totally committed to public service and for being an the state, but he served the people of Victoria very well example to all of us in public life of how we should for a long time. My sincere condolences go to his conduct ourselves and the commitment we should family. make. Victoria was fortunate to be blessed by Dick Hamer’s commitment, and the state is certainly a better Mr GAVIN JENNINGS (Minister for Aged place for his life. Care) — Today the Parliament of Victoria is honouring the life of Sir Rupert Hamer. Indeed, we are joining My condolences to his wife and family. Thank you, with many in our community in celebrating a great and Dick Hamer, and God bless. full life. Today is a very rare occasion on which the condolence motion of the Parliament of Victoria Hon. BILL FORWOOD (Templestowe) — Dick coincides with the day of the state funeral, which was Hamer made a difference. He made a difference to held this morning. All who attended that funeral this people’s lives individually but also to the state in which morning were much moved by the tributes, the insights we live. He made that difference in an extraordinary and the great stories that were shared with us all about range of areas, many of which have been articulated the great capacities and talents of Sir Rupert Hamer. here today. I just want to touch briefly on two. One, of course, is deaf people. Last week I had dinner with I would like to reflect briefly on something I have not some deaf people, and they spontaneously spoke of his heard in any public commentary, the public persona of contribution to the deaf community. I had no idea of Sir Rupert, or perhaps more colloquially recognised as Dick’s involvement with the deaf, but it goes back Dick Hamer. This is a measure of one of his great many years. It is just another example among the many political and personal achievements. It is the that have been given in this chamber today and were reconciliation of two personas: one, the classically given in St Paul’s Cathedral earlier today of the trained, educated and lover of high arts, Sir Rupert; and extraordinary commitment he made to causes but more indeed the man of the people, Dick. particularly to people and to individuals including, as the Honourable Carolyn Hirsh mentioned earlier, to I was particularly mindful of that when I saw file Kew Cottages. footage shown on TV over the weekend of Dick Hamer kicking a football with one of his children in his front Dick Hamer made a habit of trying to involve himself yard. He did a drop-kick — probably those of us who in organisations which helped people less fortunate than are aficionados may have thought it was a stab pass — he was. He recognised that he came from a background and it was a demonstration of the steely man of the that had given him some privileges, and he saw that as CONDOLENCES

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people who was referred to so eloquently and lovingly there I would like to paint a picture of a weathered and today. withered man who slowly but determinedly climbed the stairs into the pulpit and took the podium. If the scene In the contributions to the ceremony today there were had been lit by a film director the image could not have no contributions of the family beyond some readings by been more stark — the right half of his face was in Sir Rupert’s children Sarah and Christopher. They gave brilliant spotlight, and the left half was in complete readings, so their stories of their father were not shared darkness. It was a very vivid image. He put his hand on with us all. But the readings were very telling for what the pulpit and started to speak about his friend, Dick they said of the man and of the children’s relationship Hamer. He seemed to gain about a foot in height as he with their father. The classical nature of their spoke eloquently and passionately about his friend. In relationship was demonstrated through a reading by his measure of the man he chose three contributions to Sarah from Tennyson’s Ulysses. It says so much of public life that he wished to pay particular attention to. what she understood to be her relationship with her They were from Sir Rupert Hamer’s first budget — the father and the man who is celebrated today: emphasis and the commitment to the Melbourne Arts Centre, to the Environment Protection Authority and to Much have I seen and known; cities of men And manners, climates, councils, governments, green wedges. As any member of the Legislative Myself not least, but honoured of them all; Council knows, green wedges are near and dear to our And drunk delight of battle with my peers, hearts — some 30 years later we can stay up all night to Far on the ringing plains of windy Troy. express our support for a similar concept! Sir Rupert I am a part of all that I have met … played an important role in making that contribution many years ago. At the end of the service as we were That was a measure of the man — the cumulative wit, leaving the cathedral of St Paul, as Lindsay Thompson wisdom and wherewithal from all that he described it, I turned to him and congratulated him by encountered. Much has been made by students of saying, ‘Oh, to complete a life and to have a friend such political science today of the phrase ‘liberal humanist’. as you’. I thought probably from the tradition of Dick Hamer he may have thought that the humanist part was merely an I say to the people of Victoria that we are very fortunate exclamation mark to reinforce his small-l liberalism. It to have had such a life and to Lady Hamer and all the may have spread during the course of today’s family who were at the state funeral today with their discussion or in light of the debates that may occur total resolve and dedication to their lost loved one, I within the Liberal Party as distinct from his tradition. If give my best wishes. my understanding of liberal philosophy is correct, humanism is an integral part of the philosophy and the Hon. RICHARD DALLA-RIVA (East Yarra) — It make-up of the man. is a great privilege to rise today to make a contribution about a great man who, as we have all heard before, Much of that commitment and philosophy is shared was a member for East Yarra Province in this chamber with people on this side of the house and is from 1958 to 1971 and later moved on to become the demonstrated by a number of the things Dick Hamer member for Kew in the other place. All those issues will most be remembered for in his time in the have been dealt with quite well today in this chamber. premiership: the elevation of a sense of culture and As the Honourable David Davis also indicated, I knew heritage within our community; an emphasis on the Sir Rupert Hamer. I called him Dick because of the protection of the environment and its sustainability; and relationship we had. It is fair to say that former important key measures concerning civil liberties that members seem to hold the current incumbents closer, we all cherish in the modern Victoria of today, ranging dearer and nearer. from the removal of the death penalty, decriminalisation of homosexuality, and no-blame It was perhaps fitting that in the service today I sat next compensation, which has already been referred to in to a former member of this house, Mark Birrell. He is this debate. They are fundamental aspects of our another man from whom I often take comment and modern and civilised Victoria and are elements where advice. It is because of people who have quite extensive people of all philosophies in Victoria can hopefully find experience in this chamber and who have dealt with the common ground to share and applaud. capacity of Parliament that we can provide a vision for the future. The aspect of the state funeral that I would like to refer to is the most vivid memory I take — namely the Today I listened, as I am sure did many members of contribution of Lindsay Thompson and his glowing this place, to the many contributions made during the tribute to his friend. For those members who were not service. People read through the extensive bibliography CONDOLENCES

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and biography of this great man. It was only then that and compassion in what he had to say, and there was you realised that the person you would sit and have a certainly a sense painted of the man Dick Hamer was to coffee with, the person you understood to be Dick all of us. I did not really know Dick Hamer, but I was Hamer, was only a fraction of what he was in the hearts fortunate enough a couple of years back to share a and minds of Victorians. There are areas in which he luncheon table with him. I was loath to leave because it was actively involved for decades, longer than I have was worthwhile sitting there, talking with him and been alive, yet none of the discussions that I recall came listening to some of the things he had to say about what to the fore. I discussed with him my new role as a was happening in the world and what was happening in member for East Yarra Province. I asked many politics more broadly. questions about where to go, what to do and how to go about it. I want to go back to the 1970s, when I was growing up. The Honourable Andrea Coote mentioned some of the Even the day before he passed away there was an email things that were occurring at that time, but for me it was from him to say that he would be attending a function the rise in our sense of national pride — about what it in Parliament House on the following night. For those was to be an Australian. Gough Whitlam was Prime of you who are not aware of it, he, along with his wife, Minister in 1972, and he had a real vision of what Lady April, was a member of the Canterbury branch of Australia should look like. His vision was for an the Liberal Party. He was a dedicated member of the independent Australia, an Australia forging its way in Liberal Party in East Yarra. His level of commitment the world. He was a leader of his time, and Dick Hamer was such that at the age of 87 he still was attending also was very much at the forefront in leading Victoria Liberal Party functions, and he was making the effort to at that time. It was a time of excitement; to be growing continue what he saw as an important part of his role. up then was exciting. We were proud to be Australian, proud of our cultural achievements and proud of the I gave some thought to what I should say today about way our society was developing. this great man. Many people have spoken about history and what he did, but I would like to go back to the time In many ways the leaders of that time were creating that prior to our entering Parliament. What is it that we enter environment for us. They were visionaries, and Dick this house to do? What is it that we seek election for? It Hamer himself was a visionary. I remember what he was said earlier that Dick Hamer saw entering did for the environment when I was a teenager. If Parliament as having the capacity to make a difference anyone says to you, ‘What do you remember him for?’ to individuals, to communities and to a state. Today at I would say it would be for his contribution to the his funeral that is the challenge Dick left with me — environment in Victoria. National parks would not have that is, we all enter this chamber with starry-eyed been established without his premiership. His views, but very few actually have the capacity to go establishment of green wedges means that Melbourne beyond having starry-eyed views. There are very few does not look like Los Angeles — and thank heavens who have the capacity to make a significant difference for that! The fact that you can walk through the streets and to be visionaries. It does not matter which side of of Melbourne suburbs and enjoy green open space is politics we are on; we need to have the capacity to be because he had a vision of what our society should look visionaries and to deliver long-term outcomes for like in the future, and he was prepared to commit to that individuals, for the community and for the state. in the 1970s.

We have heard quite extensively about Dick Hamer’s We have heard a lot about his contribution to the arts contributions, so I would like to place on record my and to the community, to things that mean a lot to a sincere thanks for having met Sir Rupert James whole lot of people, but he was very much a person Hamer — or Dick Hamer, as I knew him — and I who contributed not just at the policy level — many of mourn the passing of a great man who was born on us have contributed over many years at that level — as 29 July 1916 in Kew, who served the East Yarra he also contributed to individuals, and that is where he electorate, who served the people of Kew and who stood out as a leader, and he never lost that. He never sadly died on 23 March in Kew. lost his compassion for the individual with an issue or a problem, and that made him unique. Often you become Hon. M. R. THOMSON (Minister for Small quite complacent about individuals. It is very easy to Business) — I consider it an honour to be able to rise become distanced from the individual, but Dick Hamer and speak on this condolence motion. I, too, was moved never did, and that was the measure of the man. by the contributions made at the service today, particularly that of Lindsay Thompson. It was not just Today we have heard about the number of what he said, but the way he said it. There was humour organisations he was involved in. I had no way of CONDOLENCES

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knowing the length and breadth of his commitment to he enthusiastically supported Chances for Children at community groups. We heard from the Honourable Bill every opportunity he got. It is only a short time ago that Forwood about Dick Hamer’s commitment to people, he and Lady Hamer were attending another celebration from deaf people right through to asylum seekers. The of Chances for Children where they both had a other thing for which Dick Hamer should be wonderful time catching up with old friends and remembered is that not only was he at the forefront of acquaintances. Indeed Mallee Family Care’s chief his times in the 1970s when he became Premier but that executive, Vernon Knight, said that Sir Rupert he was still at the forefront of his times when he passed ‘changed the face of child welfare and protection in the away at age 87. He was still thinking about the future; state’, and he was responsible for initiating an inquiry he was not looking back on his achievements, as many into the welfare and protection of children in Victoria. leaders do and as many more elderly people in our community do. They look back at what has been Sir Rupert was a frequent visitor to Mildura, and achieved and at what life was, whereas Dick Hamer everyone who came into contact with him was looked forward to what life could be and to making a fortunate to have spent time with a consummate contribution to what that life should be for very many gentleman and a great Australian. The Mallee, Mallee people. I certainly think he has enriched the tapestry of Family Care and Chances for Children are all the richer Victorian life and made a wonderful contribution to for their association with him, and we extend our Victoria. He probably was one of the only people about sympathies to Lady Hamer and the family. whom we can get up and say that he was respected by everyone who knew him — as he lived and for the life Mr VINEY (Chelsea) — I am honoured to join this he lived. He certainly has enriched everybody’s lives, recognition of the life of a great Victorian in Sir Rupert and I send my sympathy to his family. Hamer. As someone who has taken an interest in political history, I have observed that very often Hon. B. W. BISHOP (North Western) — It is with political eras in Western democracies throw up leaders regret and sadness that I rise today to join with the other for the time. I think it is fair to say that Sir Rupert speakers in the condolence motion for Sir Rupert Hamer in Victoria was very much a leader for the time Hamer. I have listened today to a great celebration of of the 1970s. As is the case for many other members Sir Rupert’s life. Speakers have covered very well his here, that was the era of my youth and early adulthood, life in politics, his community involvement and his and it was therefore a very formative part of my family, but I want to take another tack. I am very proud development and interest in politics. A number of to be in the house today so that I can speak of the members have indicated that Sir Rupert was very much wonderful contribution Sir Rupert made to the Mallee a man ahead of his time, and I think many of the and to Mallee Family Care in his distinguished role as decisions that have been recognised here today and the patron of that organisation. policies implemented during Sir Rupert’s period as Premier of this state were ahead of their time. As it was Sir Rupert was approached in 1984 to become the an era of great change these were often decisions that patron of Mallee Family Care by the then member for were long overdue, and it is odd to think both that the Mildura, Mr Milton Whiting, a request that he decisions were being made by a government that was enthusiastically accepted. He was many times described ahead of its time and that the decisions were overdue. I as ‘not a passive patron’, which was a good description think what links these concepts is the fact that Sir because he sang the praises of Mallee Family Care right Rupert was very much a premier of the era, a man who around the state and the nation. saw the change required and the pressures on our community and had the courage to implement change. One of his roles as patron — and there were many — was to officially open the Milton Whiting family centre With all due respect to those opposite, I think one of the in Mildura in 1996. The centre provides, amongst other great hallmarks of Sir Rupert was achieving that kind of things, counselling and support to those affected by process in a democracy from the conservative side of marriage separations, and it has been a valuable part of politics. That is a very significant feat, and I say that in the Mildura community for many years. genuine recognition of what he was able to achieve as a leader of the conservative side of politics in this In recognition of his interest in family values, support Parliament. In reflecting on the impetus of those great for the disadvantaged and — as my colleague and forces of change and the recognition that has already leader, Peter Hall, said — social justice, Sir Rupert was been given here today, if one looks, say, at the area of asked to help recruit patrons for the scheme Chances the arts in that period in the 70s when Australians were for Children mentioned by my colleague Andrea Coote. coming to terms with the end of what was known as the In fact he became patron-in-chief and, as was his way, CONDOLENCES

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cultural cringe and were celebrating the great other members I wish to pass on my sincere contribution that Australians have made and can and condolences to Lady Hamer and her family. will make to the arts, it is clear that Sir Rupert was at the forefront with many policy implementations, as has Hon. A. P. OLEXANDER (Silvan) — I rise today been acknowledged with the Victorian Arts Centre and to pay tribute to the life of a very great man. Sir Rupert many other works that were achieved in that field. Hamer was first and foremost a man of service. He served family and community; he served this state and It has been acknowledged also that the environment in this nation. He was a proud champion of the liberal the 1970s was the period when society was coming to cause and I say that in the truest sense of the word; he terms with the fact that we existed with finite resources really was a true believer. He was a believer in and as a community we had to do things better and liberalism but even more than that he had the bravery, recognise the impact of humanity on our environment. the courage and the intestinal fortitude to implement what he believed about liberalism. He took action. In social reform probably the highlight — in my judgment — of Sir Rupert’s achievements was the end As my friend and colleague, the Deputy Leader of the of capital punishment. As someone brought up in a very Opposition, has said today, Dick Hamer was a man political household, my views on politics were based who made it happen — and that was the hallmark of his around what I learnt in my family environment, but career. It was not enough for him to believe in there were two external events that formed my views of something, to talk about it or to have a vision, he also politics more dramatically than anything else: they were had to act on it. If we take one thing away from the the Vietnam War — and it took another leader from passing of this great man, it is that he was prepared to this side of politics to end Australia’s part in that; but act and to implement policy that influenced a whole the other was the hanging of Ronald Ryan. The effort range of policymakers over the years. He has Sir Rupert made, being, as I understand it, one of the influenced the course of social progress in this country few members of the cabinet at the time to do so, to vote enormously, and that is a very important legacy indeed. against that hanging and subsequently, on becoming Premier, to take through this Parliament the ending of It has already been explained today that Sir Rupert had capital punishment is to me the hallmark of his social an enormously distinguished career in this reform agenda. Parliament — 23 years, with nearly 10 years as Premier. During that period he and his team gave What has not been mentioned as much is road safety in Victoria and Australia a legacy of contribution to public that period. I believe 1970 had one of the highest road policy which was at once sound, responsible and tolls Victoria has ever seen. From the period of progressive. He proved that it could be done. Today we Sir Rupert’s premiership there was the beginning of the recognise him not only as a great Premier and leader decline in that tragic toll, and it is a mark of great but we pay tribute to a proud Victorian who dedicated leadership that he was able in a bipartisan way to bring his life to working for a better state and nation for all road safety programs into Victoria. people.

Finally, as has been acknowledged, he achieved much Sir Rupert embraced difficult issues — he always in town planning. What we had seen up until the period embraced the very toughest of issues — and carried a of the 1970s was the great migration growth of cities vision of the future of Victoria and our society which like Melbourne and the rapid expansion of our suburbs. had as its basis his unshakable sense of right and It took Sir Rupert Hamer to recognise the sorts of wrong. On so many issues it was all about what he services that needed to be delivered in our suburbs and believed to be right and wrong, and that was quite that the protection of our way of life through town simple — but not simple in practice; in practice it is planning controls and green wedge programs to provide very difficult to get that balance right. Under his decent urban living were an integral part of our stewardship his vision saw the Victorian government community. tackle issues of equal opportunity, social justice, the environment and culture, and he was deeply committed Those examples are testament to the fact that Sir Rupert to the economic development of country Victoria. Hamer was very much a man who was thrown up to These issues are still at the forefront of our minds and lead Victoria: he was the right man for that era. As I we are grappling with them in so many pieces of said at the outset, it is an honour to contribute to this legislation that we look at today and so many policy debate. In my four and a half years in this place I have issues that we seek to come to terms with. He dealt with not previously contributed to a condolence motion, so I all of those issues back then and gave us a strong take my contribution here today very seriously. With example of how we should proceed into the future. CONDOLENCES

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The arts were a passion and a love of Dick Hamer, and progressive policy to every area that he became as shadow spokesperson for the arts on behalf of the involved with — and we desperately need that today in Liberal Party I want to pay tribute to him on behalf of so many areas. The arts, decentralisation, tourism, local the very many Victorian artists who have contacted me, government, state development — there is so much seeking their tributes to be placed on the record. I do more that can be done and so much more that we can not seek to do that today because there are so many of learn from him. Commentators have described the them, but suffice it to say that I carry with me today period between 1972 and 1981 when he was Premier as tributes from established and emerging artists who will the quiet revolution in Victorian politics because so continue to benefit from the commitment and vision many changes were made with little fanfare, and that that Sir Rupert had for the arts in Victoria. I want to was pretty much Dick’s trademark; he did not want the convey tributes from most of the artistic bodies and fanfare, he did not want to be trumpeting everywhere. institutions which exist; many of whom owe their very He wanted reform and to move with the times and have existence and current established excellence in Victoria a progressive society, and that is why people refer to his to the support and actions of Sir Rupert Hamer. Those premiership in Victoria as the quiet revolution. people, artists and organisations mourn his passing very deeply, and I place that on the record. It has been said Dick Hamer never left the Victorian people even after many times today that Sir Rupert created the first role he left politics. He kept his involvement going not of arts minister and as a member of Parliament, Premier because he felt that he had a duty to do so; he did it and then past Premier his work was tireless for and because he loved people and he loved the organisations inspired the arts and cultural sector. that he worked with. I want to pay tribute to his family, particularly Lady Hamer who shared Sir Rupert with us Sir Rupert supported and served Victoria’s large artistic and who herself has contributed and supported Victoria institutions such as Opera Australia, the Melbourne in the same way that he did for many years. I want to Theatre Company and the Melbourne Symphony honour Sir Rupert and Lady Hamer’s 60th wedding Orchestra. Ann Tonks, the general manager of the anniversary — a truly wonderful relationship and Melbourne Theatre Company, told me last week that its friendship of 60 years. Sir Rupert celebrated and home in South Melbourne, where the sets and costumes enjoyed life with his family, sharing his passions and are prepared and where it does its rehearsing, was gifted celebrating those of his family equally. I wish to pay to it by Sir Rupert Hamer in the 1970s. His tribute to Lady Hamer and offer condolences to all contributions to the organisations are still fondly members of the Hamer family. remembered. Sir Rupert recognised the importance of artistic forums — opera, ballet, theatre, music and Sir Rupert was a gentleman. He cared more for others virtually every other form of expression. For many than for himself. He cared more for the success and years after his premiership he was the chairman of the prosperity of the people and the institutions he Victoria State Opera and it was his dream, and still is supported than for his own success or prosperity. He the dream of many Victorians, to see the re-creation of cared more for the recognition of others than he cared a Victorian opera company of some type which would for his own. At a very difficult time here in Parliament, have as its highest priority the growth and development when we were grappling with some policy issues of that art form in Melbourne and particularly in relating to equal opportunity, he said to me, ‘It is not country Victoria. enough to believe in something or to have a vision or to have a plan; the key thing is that you have to act on it He believed, as I do, that we need such an entity to and you have to make it happen’. enable the enormous talent which exists to stay in Victoria so that people do not need to go interstate or I will always retain that advice, because I think it is the overseas to develop creativity, ideas or importantly to most important advice anyone can ever give you, develop their careers. To the end of his life he particularly as you serve your role in this place. Every maintained that dream and I believe it is incumbent Victorian has benefited from what Sir Rupert made upon us who follow him in a policy sense to look very happen from the tough decisions he made. For his seriously at those ideas and to try to see them through bravery, his vision and his dedication I say a personal to fruition. thank you to him.

Sir Rupert lead a remarkable life of excellence and Mr SCHEFFER (Monash) — Sir Rupert Hamer service. He held an enormous number of portfolios: his was the Victorian Premier my generation grew up with. experience in government was quite amazing. He For those of us who came to maturity in the 1970s, brought passion, commitment and a particular brand of Dick Hamer was the face of Victoria and expressed in his dignified and measured bearing a way of doing CONDOLENCES

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politics that was rational, human and modern. For many build in taking our state forward into this bold, new of us from the left, he was a welcome relief from the century. confrontational style of Henry Bolte. Dick Hamer came to the premiership of Victoria at the time of the election Dick Hamer was deserving of all the tributes that have of the Whitlam government, the end of the draft, the been paid in this house today. There have been beginning of the pullout from Vietnam and the significant remarks made. I think every one of those beginning of the great wave of social and cultural remarks has been made with genuine affection for the reform that transformed this state and the nation. In my man and for the contribution he has made not only in own mind I positively associate Dick Hamer with all public life, in this house and to the Parliament in a that was best in those turbulent, often confusing but range of offices culminating in his period as Premier of always exhilarating times. the state but also broadly throughout Victoria.

Speakers at the memorial service at St Paul’s Cathedral I had the privilege of knowing Dick Hamer perhaps earlier today paid tribute to the contribution that Dick better than most people in this house because I was Hamer made to the positive development of Victoria — involved in the Young Liberal Movement at the state protecting the environment, establishing the Equal level when he was Premier. Indeed the time when I was Opportunity Commission, abolishing capital state president of the Young Liberal Movement was punishment and decriminalising homosexuality. We within the term when Dick Hamer was Premier of have much to thank him for. Victoria. I and many of my colleagues in the Young Liberal Movement at that time had unbelievable access On a personal note I will always remember the first to this man in terms of opportunities to put our ideas, to time I met Dick Hamer. It was at the 21st birthday party discuss issues and to seek his advice and counsel on a of Harriet, one of his nieces. I came from, shall we say, wide range of topics. As has been alluded to today, he one of the smaller streets in St Kilda and it was the first was a learned man who had experience in many areas time I had been in one of the more salubrious homes in outside just the political areas. I and others had such Canterbury Road, Toorak. It was one of the first times I access — I include present members such as had seen original Australian oil paintings on walls. At Mr Andrew Olexander and the member for Brighton in that time he was Deputy Premier and I did not have any the other place, Louise Asher, and the Honourable idea who he was. He asked me what I did and I told Mark Birrell and others who have been in this place. him that I worked in a bookshop, and we talked about that for a while. Then he asked my friend what he did; Dick Hamer served as a strong mentor to every one of he said he drove a truck, and we talked about that for a us and started each of us on our careers because of the while. And then I said, ‘What do you do?’, and he said support, the encouragement and advice and learned without the slightest condescension, ‘Oh, I am with the experience that he passed onto us. I actually had the government’ — with a twinkle in his eye, probably. privilege of standing as a Liberal Party candidate in 1976. I stood in the seat of Melbourne against the That is what I think a lot of people referred to in the formidable Barry Jones. I think Andrew Olexander house today as his deft handling of young people and handed out how-to-vote cards for me. his always being caring, even in the smallest way. I will always remember him for that. Also I have known Dick An honourable member interjected. Hamer’s daughter Julia since our university days. Through her I have always felt a personal connection Hon. B. N. ATKINSON — We got a swing. As he with Dick Hamer. He was a great man in all the ways said in his contribution earlier, Mr Philip Davis stood at people in this chamber have said today. I recognise and another state election three years later. My experience pay tribute to him on behalf of the people of Monash was very similar to that of Mr Philip Davis in terms of Province. I offer my deep condolences to his family. the encouragement Dick Hamer gave to the people who were standing effectively in Indian territory, who had Hon. B. N. ATKINSON (Koonung) — The been roped in to fly the flag for the party. He saw that accomplishments of Dick Hamer in public life as a process of developing those people. It is interesting effectively stand as an inspiration to all Victorians. This how many of those people have gone on to positions in man earned the respect of people in all walks of life Parliament and other leadership positions in the from across the political spectrum. This man was one of community. I dare say that their advancement was very Victoria’s greatest politicians by almost any measure. much encouraged by Dick Hamer. As people have indicated, in the turbulent 1970s his stewardship in government provided a significant I also had the opportunity of organising the Minus legacy for Victoria and Victorians upon which we can Children campaign that was referred to earlier in the CONDOLENCES

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debate, a campaign that was started by Dick Hamer and a keen sense of humour; and he was a man who mixed which very much showed his commitment to people’s easily with people. I am not surprised at some of the services and the expansion of community services for stories that have been told about people’s meetings with the support of people who were disadvantaged. Taralye, him at different events, because I attended many which has also been mentioned in the context of these events — particularly through the Young Liberal tributes, is situated within my electorate, in Blackburn. I movement — where Dick Hamer would simply walk remember very well when Dick Hamer made that up, sit down at your table and start talking with happen — that was one of his election slogans — whoever was there. He had no problem with meeting because the people who had been supporting deaf people, to use the phrase I used earlier, from any walk people in the community and the Taralye schooling of life. Everybody was touched by his genuine interest concept, which includes a range of outstanding in what they were doing, what some of their aspirations programs to support the deaf, were struggling to find a were and where they thought government might be property, a base, on which to continue their work. A improved and might contribute more to the property became available in Blackburn, but there was advancement of Victoria, because this state was very no government program to support the establishment of much at his heart. the facility at that time. But, as I said, Dick Hamer made that happen. Dick Hamer was a person who encouraged young people. As I said, he was a very accessible man — Dick Hamer was always attentive to members of probably the most accessible Premier that we have seen Parliament who took issues to him that involved any in Victoria before or since. He was a person who had aspect that might advance opportunities for people who time for everyone. As people have indicated as they were disadvantaged and that would enrich our have run through a range of policy areas, he was a community and make things better for people. At that visionary in terms of many of the policies that were time I also recall — because I was on the Nunawading developed, certainly for the environment, the arts — as council for quite some time — that another one of the I said — community service, multicultural policies and contentious issues out that way was Blackburn Lake, programs and also in some of the areas such as which was part of the area and which also involved the transport planning. Mention has been made of the deaf community, because it was owned by the Adult underground loop that was started during the Hamer Deaf Society. The society was looking to sell some land government. to fund some of its other activities and programs. The cost of buying the Blackburn Lake land was beyond the His contribution to local government was very capacity of the council, but it was seen as a very significant at the time too. He worked to bring local important local area and resource — a reserve that in its government into a new era in many ways, particularly own right deserved conservation from an in regard to town planning. Mention was made in one environmental point of view. Again Dick Hamer of the contributions this afternoon of his approach to stepped into the breach and came up with funds to planning and what he has left Victoria as a legacy with ensure that the Blackburn Lake Sanctuary would be the environment we have in an urban context, not established. simply in parks and reserves. I think that was brought about by some substantial changes that were made in I know Dick Hamer worked very well with a range of planning during that Hamer period. We benefited very candidates across the eastern suburbs in 1976 and 1979 much from his vision in taking the state forward and in particular, when I was heavily involved including the setting out a town planning framework which has Honourable George Cox, who was in this place; John helped achieve a much better quality of life for all Richardson, who started his career in Parliament in Victorians. 1976; and quite a range of other members who went on to make significant contributions to this place. Just as There are hallmarks for each government. The the Young Liberals were mentored by Dick Hamer, hallmarks of the Bolte government — which was a very each of those members of Parliament were mentored by different government, led by a very different man, as Dick Hamer as they started out their careers. Many has been described today, but nevertheless a very great people on our side of the house were encouraged and man and a great Liberal — were, no doubt, developed by Dick Hamer and have gone on to give infrastructure projects. It was a government that coped tremendous service to the Victorian public as well. with the rapid population growth of Victoria and went about building much of our basic infrastructure, Dick Hamer was a visionary. He was a very dynamic particularly schools, water facilities and supplies, man; he was a very intelligent man; he was a man with CONDOLENCES

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Tullamarine airport, our road system and so on and so Sir Rupert served the community throughout his entire forth. life. He was a man for Victoria, not for himself. Sir Rupert lived a remarkable life of excellence and If infrastructure characterised the Bolte years, then the service. He served our country in the army during thing that characterised the Hamer years was certainly World War II, seeing action in Tobruk, El Alamein, quality of life, some of the other areas of human New Guinea and Normandy, and rising to the rank of endeavour and accomplishment and indeed a view of us major. Upon returning home he embraced academia, perhaps living in greater harmony with our achieving honours in law and the classics. environment — of our being more mindful of the use of energy and recognising the value of our environment Sir Rupert’s achievements as a member of Parliament particularly with the creation of parks and so forth. He and Premier were many. His distinguished career in the was indeed a man who in many ways was ahead of his Victorian Parliament spanned 23 years, from 1958 to time. 1981. He held the ministerial positions of Minister of Immigration; Minister for Local Government; Chief I had some school students in my office the other week. Secretary and Deputy Premier; Treasurer; Minister of They were school captains, and I spoke to them about the Arts; Minister for State Development, leadership. I asked them what they thought was Decentralisation and Tourism; and was Premier of important in leadership, and the insight of young people Victoria from 1972 to 1981. in grade 6 is a remarkable and interesting thing. One of the observations I made in summarising what they had Sir Rupert made Victoria flourish. His talent for said was that a leader is somebody who is part of the treasury and economics saw Victoria’s economy thrive, team and is not above the team. One of the hallmarks of enabling him to invest for the future in the arts, the Dick Hamer was that for all the accomplishments that environment, education and many other areas. Right to have been attributed to him today, both during the the end he worked for the causes and institutions which funeral service and here, and indeed for all his are fundamental to our community. Perhaps most achievements that have been commented upon in the fittingly, on the day of his death he attended a press, Dick Hamer would be the very first person to multicultural function here in Parliament House. say, ‘They are not my achievements, they are not my accomplishments — they were the accomplishments As the Liberal spokesperson for women’s affairs, I wish and achievements of my team’. He was very much a to recognise and thank Sir Rupert Hamer on behalf of leader of a team and a part of the team at all points. all Victorian women for his dedication and commitment to the right of women to equal I would like to conclude my remarks with the opportunity. It is due to Sir Rupert Hamer that women observation that Dick Hamer was a very distinguished of my generation have gone through life with Australian. We have recently adopted a concept of recognition and opportunities and without the talking about living treasures to recognise the indignation and injustice experienced by our mothers. achievements and contributions that people have made. During Sir Rupert’s time as Premier the office of I think that with the passing of Dick Hamer, Victoria women’s affairs was established and equal opportunity has lost one of its greatest living treasures. We are all legislation introduced. Sir Rupert also appointed a the poorer for that loss but nevertheless his legacy is woman as commissioner of the Hamer-established well established, well defined; it is something from Equal Opportunity Commission. which we as Victorians all benefit today; and Victorians in the future will benefit from his legacy Sir Rupert was a quiet achiever and a gentleman who because this man was indeed a visionary who contributed much and found recognition in the established opportunities for people going forward, achievements of the causes he supported. Sir Rupert which we are starting to really appreciate in what we Hamer was a statesman, a man who was both a leader have as Victorians. I extend my condolences to Lady and a listener, both a supporter and an initiator of ideas, Hamer and her family on what is a very great loss to issues and institutions throughout Victoria. Sir Rupert them and indeed to all of Victoria. was a man of vision and was not afraid to deliver his vision to Victoria, for which we are and will remain Hon. W. A. LOVELL (North Eastern) — I am forever grateful. The list and legacy of Sir Rupert’s honoured to rise today to pay tribute to the life of achievements is significant. Every Victorian continues Sir Rupert Hamer. Sir Rupert was Premier of Victoria to benefit from his service to our state. This is a from 1972 to 1981, yet his love of and passion for measure of magnitude for every Premier, every serving Victoria continued throughout his life to the day politician, every public servant. Sir Rupert served every of his passing last Tuesday. Victorian and his legacy is lasting. CONDOLENCES

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Sir Rupert celebrated and enjoyed life at all times with Motion agreed to in silence, honourable members his family. He shared his passions and celebrated those showing unanimous agreement by standing in their of his family. I wish to pay tribute to Lady Hamer and places. offer condolences to all of the Hamer family. Sir Rupert Hamer was a truly great Victorian, a leader, a listener, a Hon. Vernon Francis Wilcox, CBE, QC supporter, a soldier, a family man, a Liberal man and a gentleman for whose life’s work all Victorians are truly Mr LENDERS (Minister for Finance) — I move: fortunate and thankful. That this house expresses its sincere sorrow at the death, on 13 March 2004, of the Honourable Vernon Francis Wilcox, The PRESIDENT — I also wish to join the CBE, QC, and places on record its acknowledgment of the condolence motion before the house for the late valuable services rendered by him to the Parliament and the Sir Rupert Hamer, former Premier of Victoria. Rupert people of Victoria as a member of the Legislative Assembly ‘Dick’ Hamer served the Parliament of the state of for the electoral district of Camberwell from 1956 to 1976 and as Assistant Chief Secretary, Assistant Attorney-General Victoria for 23 years, beginning his celebrated and Minister of Immigration from 1964 to 1965, Assistant parliamentary career here in the Legislative Council by Attorney-General, Minister of Labour and Industry from 1965 representing East Yarra Province from 1958 to 1971. to 1967, Minister of Transport from 1967 to 1973 and After successfully contesting the lower house seat of Attorney-General from 1973 to 1976. Kew, he moved to the Legislative Assembly in 1971 The Honourable Vernon Wilcox sadly passed away on where he stayed for a further 10 years until his Saturday, 13 March. He was born on 10 April 1919 in retirement from Parliament in 1981. Camberwell and was MP for Camberwell for 20 years. Shortly after his move to the lower house, Sir Rupert Educated at Carey Baptist Grammar School, he was became Premier following the retirement of Sir Henry school captain from 1935 to 1936. He was the winner Bolte. During his time as one of Victoria’s of the Henry Meeks Medal for Leadership, Scholarship longest-serving and most popular premiers, Dick and Athletics in 1932 and 1935 and a member of the Hamer also served as Treasurer; Minister of the Arts; school council from 1963 to 1970. He always Minister for State Development, Decentralisation and maintained a lifelong interest and support of Carey Tourism; and Minister for Economic Development. Grammar, and that school commemorated his departure Many people have today spoken of Dick Hamer’s a few weeks ago. numerous achievements during his time in office. He graduated from the University of Melbourne in law However, a mark of the impact he made on the state of prior to World War II and served as a lieutenant in the Victoria can be found in the great praise he attracted for Royal Australian Navy Volunteer Reserve from 1942 to his untiring efforts in his community work after politics 1945 and was a liaison officer to the United States and after leaving this Parliament. Seventh Fleet in the Pacific.

He continued his strong patronage of the arts and Vernon Wilcox completed articles on his return to supported many conservation efforts around the state. Australia. He was called to the bar in 1946 and As indicated by the Honourable Wendy Lovell, it was practised law with the firm Hall and Wilcox, of which only last week that he was here in Queens Hall at a his father was one of the founders. function for multiculturalism and multicultural tolerance. Vernon Wilcox became increasingly interested in politics. It is interesting that Geoffrey Blainey noted in As the fond remembrances have flowed for Dick his foreword to Minister for the Crown, written by Hamer, a common theme has emerged in the comments Vernon Wilcox in 2001, that his inclinations were to made by his peers on either side of the political divide. Labor in the 1930s. However, by the 1940s Vernon He was a man admired for the way he went about his Wilcox had become active in the Liberal branches of work with integrity and purpose, ever seeking to reform Melbourne’s eastern suburbs and first stood for and advance community life. Parliament in 1952. In 1956 he was elected to the seat Sir Rupert Hamer will long be remembered by many of Camberwell, which, as I said, he held for the next Victorians for some of the most significant 20 years. He was succeeded by Jeff Kennett who won contributions to public life in our state’s history, such the renamed seat of Burwood in 1976. that we will now benefit from the fruit of his labour. On From 1964 to 1976 he was a cabinet minister in both behalf of all members, I wish to express deep sympathy the Bolte and Hamer governments, and he succeeded to his wife, Lady Hamer, and family. Dick Hamer as Assistant Chief Secretary, Assistant Attorney-General, and Minister of Immigration from CONDOLENCES

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1964 to 1965. From 1965 to 1967 he was Assistant with distinction for the next 20 years. During his term Attorney-General and Minister of Labour and Industry. in Parliament he served as Assistant Chief Secretary, He was Minister of Transport from 1967 to 1973 and Assistant Attorney-General, Minister of Labour and Attorney-General from 1973 to 1976 during the time Industry, Minister of Transport and Attorney-General. when the private members bill that abolished capital punishment was passed. He held positions on a state Vernon Wilcox believed in a strong legal system and Law Reform Committee from 1956 to 1961 and on the particularly in the separation of powers. He spoke often Qualifications Committee from 1973 to 1974. He was of the importance of the rule of law, and I quote: very proud of the city rail loop which he saw as a major The supremacy of the law over all individuals and bodies in achievement of his time in government. It was one of the community is essential to our system of democracy. his great achievements. Indeed, on the announcement of his retirement he cited the turning of the first sod for So it is fitting that Vernon Wilcox’s very first speech in the city rail loop as one of the highlights of his time in Parliament was in support of the judges salaries and government. allowances bill. In speaking on the bill, Vern supported the proposed salary for the Chief Justice at the time, Vernon Wilcox retired from Parliament in 1976. In the which was the princely sum of £6250. same year he was awarded the Commander of the Order of the British Empire. In 2001 he wrote a book He was appointed Attorney-General in 1973 and held called Minister of the Crown. This publication served the position until he retired in 1976. His friend largely as a commentary on his political career with a Professor Geoffrey Blainey last week described Vern focus on how various outcomes were achieved. In 1998 Wilcox as ‘utterly dedicated’ to his role of he was elected as a delegate to the Australian Attorney-General. Professor Blainey also spoke of Constitutional Convention to debate the proposed Vern’s strong belief in the role of juries, and he quoted republic. He wrote extensively on this subject, Vern as saying: particularly in terms of his own personal experience in I have always thought that people were more important than the years following the convention. any system. On behalf of the Labor Party and government I offer May we be informed by that comment! Ever passionate sincere condolences to the family of Vernon Wilcox: about the legal system, when Vern announced his his wife, Jean; his children, Richard, Murray, Sue and retirement in July 1975, he spoke of his determination Gerry; and his 14 grandchildren — Kate, Andrew, to fix what he must have considered as unfinished Susie, Tom, Edward, Lizzy, Jen, Emily, Simon, Sally, business — to tackle the problem of delays in the Meagan, Catherine, Lucy and Rose. courts. But there is little doubt that Vern Wilcox’s greatest achievement in his parliamentary career was Hon. PHILIP DAVIS (Gippsland) — Again it is the Melbourne underground rail loop, a project that he with sadness that I join today in the condolence motion drove as transport minister. but this time to recognise the contribution of the Honourable Vernon Wilcox through his life of service Vern turned the first sod on the project in June 1971. to his country in the state of Victoria and the local What remains a huge success in rail infrastructure to community. Vernon Wilcox was born on 10 April 1919 this day was not initially welcomed, but the project in Camberwell and died on 13 March 2004, aged went ahead and was ready for service in 1982. Queen 84 years — less than one month shy of his 85th Elizabeth II was touring at the time and was able to birthday. He dedicated his life to public service and was open the Museum station. The city loop project a member of this place for 20 years, serving in both the effectively opened up the northern part of the central Bolte and Hamer governments for 12 of those 20 years. business district to office development. One only has to look at Casselden Place, Telstra tower and Melbourne Vernon Wilcox was the son of a solicitor and was Central, three of the city’s tallest towers that now house educated at Carey Baptist Grammar School and thousands of workers. Ormond College at Melbourne University. He served as a lieutenant in the navy during the war and was Another subject Vern Wilcox was passionate about was seconded to the United States navy to work in the question of whether Australia should become a communications. When he returned from the war he republic. Vern was elected a delegate to the 1998 practised law in the family business Hall and Wilcox, Constitutional Convention where he declared himself of which his father was a founder; but he was neither a republican nor a monarchist, but a increasingly drawn to life in politics. He became the constitutionalist. I would say he had learnt something member for Camberwell in 1956, a position he served CONDOLENCES

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from his years in Parliament! He was not opposed to retained a very keen interest in the development of our Australia becoming a republic but strongly felt that community for which he had made a significant safeguards in the constitution must be carried forward contribution in the armed forces during the war. Hence in any changes. he had an earnest belief to the end of his days that he should be acutely involved in discussing public events. As a politician Vern had some refreshing views. I go back to 1956, to his first speech in the Legislative Vern Wilcox was a man with vision, a dedicated, Assembly, where he remarked that one of his: honourable man with wisdom and the strength of his convictions. On behalf of the Victorian Liberal Party, I … first impressions of this institution was the friendliness of offer my condolences to the family of Vern Wilcox. He members on all sides of the house and the officers and staff. is survived by his wife, Jean, and their 4 children and Professor Geoffrey Blainey also referred last week to 14 grandchildren. They are in our thoughts. Vern’s ‘respect for many politicians of other parties’. In an interview given when he retired, Vern claimed he: Hon. W. R. BAXTER (North Eastern) — I am privileged on behalf of The Nationals to contribute to … had more friends among the older Labor men — the this condolence motion to mark the passing of the traditional trade unionists — than some of the intellectuals. Honourable Vernon Wilcox. I believe I can say that I am the only serving member of Parliament who served Things have changed perhaps! But there is no doubting with Vern Wilcox. I consider that I was very fortunate Vern Wilcox was a Liberal through and through, a tag to have been able to serve with a man of his calibre and he wore with pride. standing. In the same interview he articulated his belief that it is I came into the Parliament in 1973 as a 26-year-old. only in an atmosphere of freedom that a human Vern Wilcox was a senior minister in a long-serving personality can develop to the full, and this freedom Liberal government. I was a member of the then cannot be found under socialism. Mark his words! He Country Party, and they were the days when the was widely known for his opposition to socialism, best Country Party and the Liberal Party were at each summed up in his quote: other’s throats most of the time. Vern Wilcox could Let the people go out and stand on their own two feet. easily have given me the brush-off — a young member in another party and someone he did not need to have Vern Wilcox was also strongly opposed to the particular regard to. But that was not the nature of Vern interventionist style of government. Upon his Wilcox. I owe any skill I might have as a non-lawyer in retirement he spoke out against what he thought was my capacity to understand the statute book and read an too much government. He lamented what he thought act of Parliament to Vern Wilcox’s tutelage, because as were excessive restrictions on people’s freedom, Attorney-General he took me under his wing and saying: showed me some aspects of the law and parliamentary procedure that I might not otherwise have cottoned on You can hardly move without being restricted by government. to at all, or at least not so quickly. Instead he advocated a move for the simple life, I always remember Vern for that, and because of that. I particularly where government was concerned. Vern have been privileged from time to time since he retired Wilcox was dedicated to serving the public. He was a in 1976 to have conversations with him, as others have, parliamentarian, a councillor of the Law Institute of as he has visited this building. He was an impeccable Victoria, president of the Camberwell Returned and man in a grey suit and brown felt hat, a man of absolute Services League, both a member and president of the high standards which he demonstrated all the time. Old Carey Grammarians Association. He was also involved with the Institute of Public Affairs, the Dame As has already been noted, he was for 20 years the Pattie Menzies Centre for handicapped persons and a member for Camberwell. I understand he stood in 1952 life councillor of the Royal Agricultural Society of as one of the Hollway Liberals at a time when the Victoria. Liberal Party, as the other two parties have from time to time, was a bit divided. He was not successful in 1952, As we have heard, he was also an author, publishing the but he was elected in 1956 in a by-election for the seat book Minister of the Crown in 2001. From time to time of Camberwell, I think as a result of a sitting member I met Vern Wilcox informally in what I describe as being killed in a road accident. social environments and found him to be an incredibly affable person. Like many men of his generation he CONDOLENCES

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Vern held that seat for 20 years and made this great a short time with him in this Parliament and to have contribution to the Parliament. He was party secretary enjoyed a close personal friendship with him since. at one stage and became Assistant Chief Secretary at a time when the Chief Secretary’s responsibilities were a I was honoured to represent The Nationals at the state grab bag of everything including the police, the courts, memorial service last Tuesday along with a former births, deaths and marriages, and all sorts of things. As leader of the party, Mr Peter Ross-Edwards; a former assistant to Sir Arthur Rylah, I am sure he carried out leader of the party in this house, the Honourable Stuart many of the mundane duties that the Chief Secretary, McDonald; and the former federal member for now a defunct office, then generated. Gippsland, the Honourable Peter Nixon. It was a moving service. The eulogies delivered by Professor He spent six years as transport minister. As has been Blainey and Vern’s brother-in-law, Mr Anderson, were noted several times, he was the driving force and the moving tributes indeed. I pass on the condolences of instigator of the building of the Melbourne underground The Nationals to Mrs Wilcox and members of the loop. As Mr Philip Davis indicated, it was not the most family. popular piece of infrastructure building at the time. I understand the Royal Automobile Club of Victoria did Hon. D. McL. DAVIS (East Yarra) — I am willing not like it, because it thought it would compete with and honoured to associate myself with this condolence cars. The then Country Party of course could not see motion and am happy to pick up from where the how it would assist the country, so we were against it. Honourable Bill Baxter left off by saying that the All sorts of obstacles were put in his way. Honourable Vernon Wilcox was a great parliamentarian and a good man. He was a locally But Vern persisted. As Mr Davis has just noted, can based man. I knew him as local member, and after I you imagine the central business district now without was elected he made it his business to seek me out. I it? We would not have had all that development in the spent a number of occasions talking to him and his wife north of the city. It might have degenerated into an even Jean, who was a great support to him. more derelict few blocks than it once was. We have to recognise that Vern Wilcox was a man of great vision I also was deeply impressed by Vern’s affable nature in those respects. and his wise counsel and deep understanding of the law. He was in many ways a lawyer’s lawyer. He had a As Attorney-General, Vern Wilcox instituted a number fine understanding of legal matters, not only through of reforms. He was particularly concerned about long his background but through a genuine commitment, as delays in the courts and that justice delayed is justice the Honourable Philip Davis has said, to a denied. He took some steps to try to alleviate that. I am constitutionalist focus and framework. That is an not sure that we do not need to take a few steps now to important matter to which I will return in a moment. overcome some of the very long delays in our court system. It is clear that Vern Wilcox was, in the same way as was Sir Rupert Hamer, one of that generation of It is fair to say that Vern Wilcox was a man of Australian people in public life who served in the forces Camberwell: he was born in Camberwell; he with distinction. As has been pointed out, he was in the represented Camberwell; and he continued to live in Royal Australian Navy Volunteer Reserve and was Camberwell for the rest of his life. But he was a country liaison officer to the United States 7th fleet. But when man as well, keenly interested in agriculture with he returned from the war he went to the Victorian bar in properties at Alexandra, a wool property in the Riverina 1946 and joined the family legal firm of Hall and at Balranald and for 10 years an interest in a sheep Wilcox. station in the remote parts of Western Australia. He served for many years as a councillor on the Royal In many respects today’s condolence motions reflect Agricultural Society. So while he was suburban by the passing of that generation — a generation of birth, by training and in his whole manner of living, he citizens in every sense of the word: citizens in the sense had a great interest in country Victoria. He played a that they gave military service; citizens in the sense that particularly valuable role in the Alexandra district with they were grounded in their local communities; and his property there and at one stage was the local citizens in the sense that they became parliamentarians agricultural society president there as well. and contributed to public life. But they understood, and Vern is an exemplar of this attitude, that public life in I look back on Vern Wilcox as a man who was indeed a this Parliament is a continuation of public life in the fine citizen. He was a great parliamentarian, but above community more broadly — public life that is focused all he was a decent man. I feel privileged to have spent on the activities of community organisations. CONDOLENCES

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The Honourable Philip Davis has already referred to protections provided by the rule of law, the separation Vern’s association with Carey Baptist Grammar of powers and the constitutional conventions that School, where he was educated, and with the surround our system have provided a very valuable Camberwell Returned and Services League. His protection for a long period, and that without proper associations with the Royal Agricultural Society have reflection we do not want to change those conventions. been referred to, and he genuinely had a foot in both the Vernon made that point very sharply at the country and the city. That gives a significant balance to Constitutional Convention, and he certainly made it to the life of a parliamentarian, and I believe Vern me in person on a number of occasions. I can only but Wilcox’s life exhibited that balance. agree.

His wife, Jean, and his family were a great strength to The constitutional framework that protects and him. Jean, a very decent and clever woman, was at the embodies the traditions in our system is something that funeral the other day, of course, and people who had Vernon correctly pointed out to me the Liberal Party not seen her for a while were reminded of the strength can claim as a core belief. Liberals have somewhere of her commitment to Vernon, and his to hers, and deep inside them an understanding that a commitment theirs as a family. In many respects that is no different to proper constitutionalism is very important, and from Dick Hamer and his wife, April, and their family, Vernon will go down in history as somebody who as we heard earlier. That generation had a strong place protected the constitution in the way that most of us for family. would believe is correct.

I will pick out some of the great achievements of Vern In completing this contribution I pass on my Wilcox as a minister and as a parliamentarian. As has condolences to his wife, Jean, his family and all those been said, he was the member for Camberwell between who knew Vernon, and I indicate my great sadness at 1956 and 1976. As the Leader of the Government his passing. correctly pointed out, after a redistribution he was succeeded in the closest matching seat by the The PRESIDENT — I also wish to join the Honourable Jeffrey Kennett, who later represented that condolence motion before the house for the late Vernon area. Wilcox, former Attorney-General and member for Camberwell. In his time in Parliament Vernon was not only Attorney-General but Minister of Transport. He Vernon Wilcox served as the Liberal Party member for correctly has been credited with the strong support he Camberwell in the Legislative Assembly for 20 years gave to the city loop and that enormous development between 1956 and 1976. During this time in the that has meant so much for Melbourne in the Parliament he served in a number of key cabinet development of the northern side of the city. As the positions as part of the Bolte and Hamer governments. Honourable Bill Baxter pointed out, there was He was Assistant Attorney-General, Minister of opposition to the development of the city loop, but Immigration, Minister of Labour and Industry, and Vernon Wilcox and a small group of supporters pushed Minister of Transport, and he concluded his outstanding forward and were successful in having that city loop, a parliamentary service as Attorney-General of Victoria basic piece of transport infrastructure that has made a between 1973 and 1976. huge difference to Melbourne, completed. Vernon’s dedication to a life of public service was also I note also, and I want to return to this, his memoir demonstrated through his involvement with many Minister of the Crown is a very worthy read, and I community groups in his electorate, the Returned and commend it to anyone in this house. I make the point Services League, the Camberwell cricket club and that his constitutionalist focus was a significant one. His Carey Baptist Grammar School. election as a delegate to the Constitutional Convention in 1999 was an important step in his conviction on Vernon Wilcox will be remembered, among many of politics that surrounded his views about the separation his other admirable traits, as a true advocate of justice. of powers and the rule of law, as the Honourable Philip One notable demonstration of this was a decision he Davis pointed out. Where constitutional change is made made while Attorney-General to allow the Defence of in our system — and I note the distinctly significant Government Schools challengers to bring potentially changes that have been made in this state in recent controversial material into court, putting his political periods — those changes need to be made, and I think career on the line for the sake of due process. On this Vernon made this point clearly to us, with an eye and a matter he once said, ‘Government must act in the careful thought to the future, understanding that the interests of the people’. This serves as a fitting CONDOLENCES

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commemoration for a man who always displayed strong principles and true commitment to his public life and in his ventures after Parliament and with his family.

On behalf of all members I wish to express deepest sympathy to his wife, Jean, his daughter, Sue, and his sons, Richard, Murray and Gerry.

Motion agreed to in silence, honourable members showing unanimous agreement by standing in their places.

ADJOURNMENT

Mr LENDERS (Minister for Finance) — I move:

That, as a further mark of respect to the memory of the late Honourables Sir Rupert James Hamer, AC, KCMG, and Vernon Francis Wilcox, CBE, QC, the house adjourn until tomorrow at 2.00 p.m. Motion agreed to.

House adjourned 4.51 p.m. MADRID: TERRORIST ATTACK

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Wednesday, 31 March 2004 which fits into a context of matters that we now have regretfully considered in this place over the last couple The PRESIDENT (Hon. M. M. Gould) took the of years. First of all the New York World Trade Centre chair at 2.03 p.m. and read the prayer. terrorism action, now generally referred to as September 11, and then more directly and closer to home in Australia was Bali, where so many Australians MADRID: TERRORIST ATTACK were victims of a terrorist act. Now Madrid will be infamously linked with those two profound events Mr LENDERS (Minister for Finance) — By leave, which have changed our notion of our security and I move: changed the whole nature of global security. That the Council agree to the following resolution: What happened in Madrid was synchronised terrorism. We, the Legislative Council of Victoria, offer our deepest and Four commuter trains were attacked; 10 bombs and sincere condolences to the families of the victims of the 3 train stations were involved; 200 people were killed; Spanish terrorist bombings and the survivors of this brutal and it is with profound sadness that I note that atrocity and join the people of Victoria in expressing shock and outrage at this senseless waste of life. 1500 people were injured. We must be mindful of the impact that this has had on the families of all of the The people of Spain have gone through an unbelievable dead and injured: not just the sense of loss but the trauma, and very sadly it follows the traumas on change in the entire focus of their lives. The 11 September 2001 in the United States and the premeditated nature of those incidents must be noted. bombing in Bali. On behalf of the government and the There were three explosions at 7.39 a.m.; four at people of Victoria I express our deepest sympathies to 7.44 a.m.; another backpack bomb exploded at the people of Spain in the wake of this terrorist rail 7.49 a.m.; and there were two further explosions at bombing that claimed around 200 innocent lives in 7.54 a.m. Three further booby-trapped backpacks were Madrid. It was senseless carnage that has shattered detonated by security forces 2 hours later. lives. Innocent people were the targets of terrorist perpetrators, and once again the world shakes its head Clearly there was such premeditation to wreak absolute in utter disbelief. havoc on commuter traffic in Madrid at peak hour. In his essay On War Carl von Clausewitz makes it quite Victorians condemn in the strongest possible terms the clear that wars are fought for a purpose which is perpetrators of this inhumane crime. Terrorist attacks political, and acts of terrorism are acts of war. As a can never, never be justified under any circumstances, community, as a nation and as a state, we and all and on behalf of the Victorian government and all democratic governments must take a measured members of this house I also extend our deepest response to ensure consistency in the way we deal with condolences to the victims’ families and friends and to these events, and while we must grieve for the dead and the whole Spanish people. Our thoughts and prayers are injured and their families, we must also be mindful of with them at this sad time. the effects this will increasingly have on changing the nature of our society and not give way at all to the We are also moved by the show of support by the intimidation these actions seek to inspire in free and millions of Spanish people who took to the streets to democratic communities. demonstrate their outrage and to affirm their solidarity with one another. No-one is immune from terrorism, I grieve and I grieve on behalf of members of the and this was a horrific reminder to us all, with the opposition for those people who were intimidated as attacks in Madrid, Bali, New York and Washington. well as those who were injured, but what we should We must do everything we can to be prepared. We take heart from is the outpouring of anger, rage and must continue to oppose terrorism, prejudice and public sentiment which was displayed in the vision we extremism wherever they exist, but we must also ensure saw on television of the millions of Spanish people who we do not let events like the Madrid bombings change demonstrated support for the families of the deceased, the things we hold dear: our freedom, our values and support for the injured and support for their way of life, the importance of our diverse and multicultural and I applaud that public demonstration. Therefore, it is community. I commend the motion to the house. with real commitment that I support the Leader of the Government’s motion before the house to express our Hon. PHILIP DAVIS (Gippsland) — At the condolences to the victims of the Spanish terrorist beginning of this session I again rise with sadness to bombings. contribute to another motion expressing condolence, in this case for an enormous tragedy of great proportion ROYAL ASSENT

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Hon. P. R. HALL (Gippsland) — The Nationals him condolences to the families and our outrage at what readily join the government and the opposition in had occurred. I took the opportunity to talk to him support of this motion. Of course we were appalled at about counter-terrorism measures that we are putting in the recent events in Madrid, which resulted in the loss place in Victoria in relation to our energy industry, and of some 200 lives and many more people being injured. I offered any assistance that they needed or required, Our hearts go out to those who lost loved ones and including the sorts of measures we have put in place those who were injured in this senseless, barbaric act. such as the annual exercises that take place in relation Equally we condemn those involved in many other to major infrastructure. senseless acts of terrorism that are occurring on a much-too-frequent basis around the world. Walking around Madrid you could clearly see the sadness. It was not just when you walked, as I did, past But you have to wonder why. To some extent these acts the library of Madrid and saw in various locations are designed to focus attention on the terrorist groups bunches of flowers with photographs of people who themselves. I do not wish to focus attention on these had been killed, which continued to be maintained by groups, and I do not think that is the wish of any of us their loved ones. It was very sad to see that, but you in this chamber. So Parliament needs to consider a could also see the sadness of the people of Madrid balance between noting our great respect for the victims themselves — they could not believe this had taken of terrorist activities versus giving undue attention to place. terrorist groups themselves. That is something we should consider in due course, but today is about Let me say one thing about this act and other acts such extending our heartfelt thoughts to the people of Spain as the Bali attack and the attacks in the United States. who suffered from this terrible event. In doing so, The The Leader of the Opposition said that acts of terrorism Nationals readily add support to this motion. were acts of war. I am not sure that I agree with that. I do not think they are acts of war; I think acts of Hon. T. C. THEOPHANOUS (Minister for Energy terrorism are simply attacks on innocent lives. They Industries) — I want to associate myself with this might have a political motive, but we have traditionally motion for a number of reasons. First of all I wish to thought of war as something that is between two armies express my outrage as an individual at what took place that have been trained to fight each other. This kind of in Spain. Secondly, at the time that this was occurring war — if you want to call it a war — is really a war on in the afternoon of 11 March I had in my office the innocent people, and in that sense I am not sure I would Consul General of Spain, Mr Federico Palomera Guez. give it the status of calling it a war. However, these We were discussing my upcoming trip to Madrid to certainly are outrageous attacks on innocent lives. We have discussions about wind energy with one of the big should all condemn this outrage and all other outrages wind energy companies there. We were talking and of this type, which seem to be what is occurring in the joking, and so on. Given the time difference between modern era. Spain and Australia, I worked out that it was within a matter of hours from our conversation that this atrocity Motion agreed to in silence, honourable members occurred in Madrid. showing unanimous agreement by standing in their places. I know that the Spanish-speaking community in Victoria was devastated. The consul general was one of many who shed many tears for the people of Spain and ROYAL ASSENT all those who had been affected. Almost 200 people lost their lives in the atrocity that involved 10 bombs on Message read advising royal assent to: 4 trains at 3 railway stations. They were deliberately, 9 December ruthlessly applied and executed to cause the maximum possible carnage. Over 1876 people have been treated Animals Legislation (Animal Welfare) Act as a result of these bombings. Crimes (Money Laundering) Act I want to offer my deep condolences to those who have Crimes (Stalking) Act been directly affected and express my outrage — along Fair Trading (Further Amendment) Act with all members of the Labor Party — at the attack on Firearms (Amendment) Act innocent lives. I had the opportunity when I was in Fisheries (Further Amendment) Act Spain to speak to the Spanish secretary of state for Local Government (Democratic Reform) Act energy, Mr Jose Folgado, about what had taken place. Parliamentary Committees Act On behalf of the Victorian government, I expressed to Road Safety (Drug Driving) Act WRONGS (REMARRIAGE DISCOUNT) BILL

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Shop Trading Reform (Simplification) Act Read first time on motion of State Taxation Acts (Further Miscellaneous Hon. T. C. THEOPHANOUS (Minister for Energy Amendments) Act Industries).

16 December QUESTIONS WITHOUT NOTICE Gambling Regulation Act. Consumer affairs: off-the-plan contracts WRONGS (REMARRIAGE DISCOUNT) BILL Hon. PHILIP DAVIS (Gippsland) — I direct my question to the Minister for Consumer Affairs. I refer Introduction and first reading the minister to the announcement by the then Acting Premier, John Thwaites, on Tuesday, 16 March, that the Received from Assembly. government would move to introduce legislation retrospectively validating contracts between developers Read first time on motion of Hon. J. M. MADDEN and consumers of off-the-plan, multi-unit (Minister for Sport and Recreation) developments. The then Acting Premier announced these legislative changes, despite the fact that legal action had commenced between consumers and PUBLIC PROSECUTIONS (AMENDMENT) property developers. Will the minister advise the house BILL when the property developers or parties representing them contacted the government to request retrospective Introduction and first reading changes to the existing legislation? Received from Assembly. Mr LENDERS (Minister for Consumer Affairs) — Read first time on motion of Hon. J. M. MADDEN I thank the Leader of the Opposition for his question on (Minister for Sport and Recreation). what is a critical issue for much of Victoria, particularly the inner city municipalities of Melbourne and Port Phillip, where the largest number of off-the-plan NURSES (AMENDMENT) BILL developments are in place.

Introduction and first reading As the house would be aware, for a number of years we have had off-the-plan contracts being signed. There is a Received from Assembly. bit of an interface here between the Sale of Land Act, which requires a 10 per cent deposit for a purchase, and Read first time on motion of Mr GAVIN the Domestic Building Contracts Act, which some JENNINGS (Minister for Aged Care). people have looked at and which requires a 5 per cent deposit.

UNCLAIMED MONEYS (AMENDMENT) What has happened is that industry has operated with BILL these contracts, to my knowledge without exception where a 10 per cent contract has been required. Industry Introduction and first reading has partially relied on correspondence from the office Received from Assembly. of the Honourable Jan Wade when she was the Minister for Fair Trading advising that the intent of the Read first time on motion of Mr LENDERS government was that the 10 per cent deposit, not the (Minister for Finance). 5 per cent, would apply. We have seen a large number of units being developed GAS INDUSTRY (RESIDUAL PROVISIONS) in Melbourne, and we need to paint a picture of how (AMENDMENT) BILL this actually works. When a person is purchasing a unit in a high-rise development, they purchase, if it is on one Introduction and first reading of a higher floors, a space that is a way above the ground. For it to have any effect requires multiple Received from Assembly. relationships to be in place, and they are put in place by contract. QUESTIONS WITHOUT NOTICE

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If you are in a tower where there are 500 units, for you member in this place who wishes to go through the to succeed and have your consumer rights exercised — implied conditions and warranties in the Sale of Land that is, your purchase go ahead — you require Act and Domestic Building Contract Act, to show me everybody who has signed contracts to honour their where any of the implied conditions and warranties are contracts. One of the challenges for government is different. I would welcome that debate. Secondly, the when suddenly a number of cases start coming forward Domestic Building Contract Act refers to a 5 per cent with people saying, ‘We want to declare our contracts deposit and from the point of view of a consumer, if the void, because some time ago’ — in some cases perhaps full Domestic Building Contract Act were applied it two years ago — ‘we signed willingly with open eyes would mean hypothetically that people in this case who contracts saying that there is a 10 per cent deposit, and have $900 000 apartments and paid $90 000 deposits solely on the grounds that another act of Parliament with no progress payments, would have been required potentially says a contract has a stated maximum of to pay upwards of $800 000 towards their investment 5 per cent our contract should be voided and we should rather than $90 000. We have an act designed to deal walk away from them saying to the hundreds of other with sales and another act designed to deal with consumers in that tower that their contracts on the basis buildings. We have acted to bring certainty into place, of actions by us are at risk’. which is what you would expect from governments. The legislation that the Acting Premier announced and Consumer and tenancy services: delivery which I will introduce into this place — and I will be very specific with my words for the benefit of the Mr PULLEN (Higinbotham) — I refer my question Leader of the Opposition — will add certainty to the to the Minister for Consumer Affairs. Can the minister existing practice of thousands of contracts over almost advise the house if consumers are going to get an the last decade to give certainty. We may banter about improved service in the north-east and eastern regions whether that amounts to retrospectivity or adds when the contracts for the local consumer agencies certainty — and I am sure we will have a debate about end? that — but to my knowledge, and I am happy to stand corrected, there has not been a single contract with Mr LENDERS (Minister for Consumer Affairs) — these high-rise apartments that has been anything other I thank Mr Pullen for his question and his ongoing than 10 per cent. The government has added certainty. interest in dealing with the needs of consumers, particularly in changing times when needs are Part of Mr Davis’s question was to ask when I knew changing. This government has a quest to assist and how I was approached. I personally was not vulnerable consumers in the best way it can. The approached. We saw the article on, I think, the specific part of the question was: when the contracts for Thursday in the Melbourne Age about the Mirvac case. local agencies in the north-east and east expire, how Clearly there was an enormous amount of media will this go? I want to paint a picture for the house of speculation, and I am sure others in government may how we can best deal with and serve consumers and have been contacted by a number of interested parties, also paint a picture of history and where things have but when I came back from a meeting in Sydney I gone. started acting upon it. We listened, we acted, and made the announcement to add certainty to this important I preface it by saying that the first act of the Kennett industry. government was to slash this program by 25 per cent and to close regional consumer offices, so I put that into Supplementary question context. This government has been dealing with a range of areas in consumers affairs. First and foremost, every Hon. PHILIP DAVIS (Gippsland) — single year we have been in government we have Notwithstanding the latter part of the minister’s increased funding for the consumer community response, I ask further: is it not a fact that the program. Under my colleagues Minister Thomson and government had no plans to retrospectively eliminate Minister Campbell, every single year since we have important consumer protections, which have existed in been in government, we have increased funding. Victoria since 1995, until the government was heavily lobbied by various property developers and their agents Secondly, my colleague Mr Scheffer has been working prior to the Acting Premier’s announcement? with me to look at whether we can find a better way forward to deal with vulnerable consumers. As I have Mr LENDERS (Minister for Consumer Affairs) — said to this house before, 80 per cent of consumer calls First, one thing in response about consumer rights: I are done by phone, so we are enhancing and improving invite the Leader of the Opposition, and any other that service — and that is a separate part. But we have QUESTIONS WITHOUT NOTICE

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identified that the remaining 20 per cent requires Young for the Packaged Liquor Industry Development face-to-face service. Trust Fund and to the alarming findings in that report that up to 50 per cent of independent liquor stores could The government has also identified that many be out of business by 2006, most at a significant loss on vulnerable consumers are not getting access to the their investment, and that Coles Myer and Woolworths existing community programs that are based on bricks will virtually double their current market share to 70 per and mortar locations. The best way to service a cent. consumer is not necessarily to have an office in a fixed place, and that is something we have been looking to Will the minister concede to the house that her improve. As has been announced, in north-east Victoria legislation to remove the cap on liquor licences has had in Wangaratta, which is in the centre of the region, we and will continue to have disastrous consequences for will have a consumer office. From that region we will the small business sector and that strategies to address have people going forth in mobile units to — — the impact of deregulation will not prevent the decimation of independent retailers? Hon. W. A. Lovell interjected. Hon. M. R. THOMSON (Minister for Small Mr LENDERS — Ms Lovell interjects, and I Business) — I do not concede that the changes made to understand her defending her home town of liquor licensing will decimate the sector. In fact we Shepparton, but I hope she reaches out to places like have seen a 10 per cent increase in packaged liquor Cobram, which does not get access to this service and licences in the last two years, and most of that has been which is 12 per cent Arabic speaking. I hope she would by small retailers. talk of towns like Rutherglen, Beechworth and others. Rural communities are saying to this government that If the member were to read the report, and I understand decentralisation is more than Ballarat, Bendigo, the he attended a briefing for the industry sector — I am Latrobe Valley and Geelong. not sure under what guise or which hat he was wearing at the time and whether he was there as the shadow Regional communities are saying to us they expect spokesperson, as a journalist or as a consultant — the government services to be delivered to small towns and report also indicated that a large number of small communities. This model will enable us to go forward retailers were anticipating the requirements of the and go to those smaller towns, go where the need is and market and were meeting the demands. bring specialist services. We have indigenous consumer workers; we now have Arabic-speaking and The government put in place a package of measures to Vietnamese-speaking workers. We have a capacity with assist the industry in this period of change; we have this model that is being tried to reach out to our programs in place that can assist those businesses. Even vulnerable consumers in a more effective manner than the Master Grocers Association of Victoria, the biggest ever. of the independent associations, is saying that this was a welcome measure by the state government and that it is Underlining this, firstly, we are increasing funding to a call to arms to independents to get their act together. the program, but we are refocusing. Secondly, we are We endorse what the master grocers say. enhancing the services we have in place. This is being done with consultation with these communities. Every Supplementary question single service has been visited by me; Mr Scheffer has met with most of them. Thirdly, we are trying to find Hon. B. N. ATKINSON (Koonung) — I thank the innovative new ways of reaching out to vulnerable minister. She was not at the briefing; I was. consumers. Fourthly, all the people who have worked with these agencies have been approached by consumer At the industry release of the review report this week, affairs; we want them to work with us to deal with Ernst and Young indicated that the current provision of consumers who they and we care for. This government $3 million contributed by Coles Myer and has listened and acted to deliver to consumers. Woolworths — you should not smile either, Sports Minister, you were not at the VFL launch — — Liquor: licensing cap The PRESIDENT — Order! Mr Atkinson! Hon. B. N. ATKINSON (Koonung) — I direct my Hon. B. N. ATKINSON — The trust fund is question without notice to the Minister for Small unlikely to be an adequate amount to fund adjustment Business. I refer the minister to the review of the programs and support packages for independent liquor Victorian packaged liquor retail industry by Ernst and stores. Given the government received substantial grant QUESTIONS WITHOUT NOTICE

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revenues in national competition fund allocations for Candy Broad. Can the minister inform the house of the the deregulation of the retail liquor industry, will the Bracks government’s commitment to supporting public minister commit to an allocation of government funds libraries, and is the minister aware of any proposed to top up the trust fund if the $3 million contributed by alternative to that support? the liquor chains is not enough to manage the industry changes and massive exodus of independent retailers Ms BROAD (Minister for Local Government) — I from the industry? thank the member for her question and for her ongoing interest and support for one of our great institutions, our Hon. M. R. THOMSON (Minister for Small public libraries in Victoria. Public libraries are Business) — I understand the member was not invited primarily the responsibility of councils and have been but managed to gatecrash the briefing for the industry for some 30 years since the Whitlam Labor government group. Neither is there any indication that the made a major investment in them. Libraries always top $3 million — — the list of those services which ratepayers and residents are very pleased to support when those services are Hon. B. N. Atkinson — I was there by invitation. provided by councils.

Honourable members interjecting. The Bracks government is also pleased to lend its support to our public libraries, which continue to play a The PRESIDENT — Order! very important role in strengthening communities and Hon. B. N. Atkinson — How many did you get? I building a better future for all Victorians. That is why got five. the government has increased funding in every year since it was first elected in 1999, and that is why the The PRESIDENT — Order! Mr Atkinson, you government also has made a number of significant have asked your question and a supplementary one-off grants to libraries to assist with their purchases question. I ask you to desist from interjecting to allow of books and resources. It is also why the Bracks the minister to respond and to allow Hansard to record government has committed another $5 million, starting that response. in the middle of this year, for the purchase of additional library resources — another election commitment Hon. B. N. Atkinson interjected. which the Bracks government will deliver in full.

The PRESIDENT — Order! I also ask We have also delivered $12 million for the renovation Mr Atkinson not to interrupt me while I am on my feet. and replacement of library buildings throughout the state of Victoria, and that is another election Hon. M. R. THOMSON — We are all well aware commitment we are delivering in full. By the end of that if the 1999 election had come down with a this process over half of Victoria’s councils will have different result, the 8 per cent would have been taken received a library upgrade. Recently the halfway mark away with no industry support. This government has in that program was achieved with the opening of put together a package to support the industry in the refurbished libraries in Lalor and Carrum Downs. adjustment period. That package is there for small independents to take advantage of. It was one that the I am aware of alternatives to the Bracks government’s now Australian Competition and Consumer excellent record in funding for public libraries in that I Commission chairman, Graeme Samuel, applauded at understand the Liberal Party recently unveiled what it the time of the agreements being reached. The liquor describes as its first policy for the next election: it is on stores also have the advantage of being able to use library funding, and it is a real dud. existing programs that the government has in place to help them during this adjustment period, so the It is clear that the Liberals either do not understand the government believes there is adequate support for the per capita funding formula that is used to fund libraries industry. or that they are deliberately planning to cut funding to libraries. Apart from the fact that in their press release The PRESIDENT — Order! The minister’s time they get the amount wrong for recurrent funding, the has expired. Liberals falsely claim that recurrent funding for libraries is $5 a head and that they would move this Libraries: funding to $6.

Ms HADDEN (Ballarat) — I refer my question to Because the Bracks government’s formula for funding the Minister for Local Government, the Honourable public libraries takes account of the very complex QUESTIONS WITHOUT NOTICE

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needs of libraries throughout the state, the fact is that What did we do? We set about trying to remove that many library services receive in excess of what the inequity. We have spent more than $200 million of Liberals are claiming to promise. This means that, public money in trying to equalise a flawed according to the Liberals’ own press release, we would privatisation scheme put in place by the previous see a cut in funding to many libraries throughout the government. We do not walk away from the decisions state of Victoria under their proposals. Given that when we have made in relation to this because we took a the Liberals were last in government they saw fit to deliberate decision in relation to the network tariff slash council budgets and then to sack councils for rebate for this coming financial year based on good measure, it is hardly surprising that they would be maintaining that equity, but we took two sets of hawking around a policy which effectively means cuts principles into consideration. One set of principles was to the libraries in this state. to try to maintain a level of equity between country Victoria and outer Melbourne — because they also I do not see any mention whatsoever of the Liberals suffered — and the metropolitan region. committing extra funds over and above what the Bracks government is doing to support libraries — recognition We said that people who use electricity up to the and real support to our great institutions. average level will be fully compensated so that they do not pay any more than their city cousins pay. We also Electricity: network tariff rebate said we should not be in the business of subsidising people for electricity use above the average. Instead of Hon. P. R. HALL (Gippsland) — My question having a program which simply subsidised the use of without notice is directed to the Minister for Energy electricity above the average, we have put in place a Industries. I refer the minister to his government’s whole series of programs in order to help country decision to slash the network tariff rebate for electricity Victorians reduce their electricity consumption. We by $23 million. have done a whole range of programs along those lines, including a very recent one where we will subsidise Given that from tomorrow, 1 April, many farmers and country Victorians up to $1000 when they want to businesses in country Victoria will have their annual switch from an electricity-based heating system to a electricity bills increased by more than $1000 — and gas-based heating system. presuming this is not an expensive April Fools Day joke — could the minister inform the house with which Honourable members interjecting. groups the government consulted before making this heartless decision? Hon. T. C. THEOPHANOUS — Well, you’ve never done it. Hon. T. C. THEOPHANOUS (Minister for Energy Industries) — The Nationals — what are you: the I am happy to talk about gas connections as well, National Party or The Nationals? — have taken the because in addition to that we have put in place a ‘party’ out of its party. This is the question that you program of $70 million to deliver gas to country would expect from a party which has no credibility left regions that have never had it before. This opposition in country Victoria, because the system it set up when it has no credibility on this issue. privatised the electricity industry was designed to ensure that country Victorians paid more for electricity. Supplementary question

Hon. P. R. Hall — CPI plus 1 per cent! Hon. P. R. HALL (Gippsland) — The minister failed to answer my specific questions as to which Hon. T. C. THEOPHANOUS — You might not groups this government consulted with, and in an like to hear it, Mr Hall, but that is what your party set absence of the listing of one single group, I can only up — a system which was structured and designed by assume the government did not consult with anybody in you and your cohorts so that country Victorians would respect of this particular decision, so by way of have to pay more! supplementary question: given that there has been no consultation on this particular matter, would the We came into power and we were faced with a minister concede that the slashing of the electricity structured problem where the costs of distributing network tariff rebate is simply imposing on businesses electricity in country Victoria were more and were in country Victoria an additional impost of $23 million. designed to be more under the privatisation scheme put in place by the previous government than those in Hon. T. C. THEOPHANOUS (Minister for Energy metropolitan Melbourne. Industries) — Perhaps I should remind the honourable QUESTIONS WITHOUT NOTICE

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member that this government has just entered into, after Today I had the pleasure of announcing that Business a series of very difficult and tough negotiations with the Objects, the world’s largest developer of business various electricity companies, an historic, intelligence software and the 10th largest software first-time-ever, four-year agreement on electricity company in the world, will establish its Australia and prices, which will mean — New Zealand head office right here in Melbourne. The company currently has around 80 staff in Australia and Hon. P. R. Hall — Did you talk to the VFF? Did is expecting to grow to double that number by the end you talk to anybody? of 2005. Last June I was able to meet with executives of Business Objects at their head office in San Jose, Hon. T. C. THEOPHANOUS — Listen to it, California. At that time the company had no plans to Mr Hall! That will mean that over the course of four increase its presence in Melbourne; it had little years Victorians in general will pay at the end of that knowledge of the capabilities and skills base of the ICT four-year period up to 5.6 per cent less for their sector here in Victoria. The meeting gave me the electricity than they currently do. That is what we opportunity to talk about Victoria’s attributes and the negotiated, and that agreement does not exclude people quality of our skilled work force. We have maintained in country Victoria. We have set about trying to that dialogue, and today we see that that has resulted in equalise the prices, and we have done so in a concerted the announcement of its head office for Australia and way, which has included keeping prices down and New Zealand in Melbourne. We welcome the head forcing the utilities to keep prices down in country office of Business Objects in Melbourne. Victoria — and we will continue to do it. This is a great example of the way the government can Information and communications technology: identify a company that has a fit with our ICT sector in Business Objects Victoria and has the potential to help grow the Victorian ICT industry. The reason the Bracks Mr SMITH (Chelsea) — I refer my question to the government can do this is that it has a clear ICT Minister for Information and Communication industry plan, one that was worked on together with the Technology, the Honourable Marsha Thomson. On industry. The government has a solid commitment to 12 March multinational software company BMC grow Victoria’s ICT industry, and it is working very announced its decision to establish its Asia-Pacific sales hard with the industry to ensure that growth. But if we support centre in Melbourne, stating that Melbourne are to sell Victoria and its capabilities, we also need the was the best location in the Asia-Pacific region due to federal government to help in that promotion. I call on its ready supply of highly qualified, multilingual IT the Howard government to work with the state and with graduates, the quality of its IT and communications the industry to develop an effective plan that maximises infrastructure as well as the stability of the Australian Australia’s potential to grow its ICT industry in what is economy. Can the minister inform the house of other now a very global market. It is also time for the leading information and communications technology Victorian Liberal Party to stand up and act. We know it firms that have also recently made similar decision has no policies in this area, but it too could use its regarding their operations here in Melbourne? influence on the Howard government to ensure that we Hon. M. R. THOMSON (Minister for Information are growing Victoria’s ICT industry. and Communication Technology) — I thank the Real estate agents: guarantee fund honourable member for his question. There are some great signs within the information and communications Hon. A. P. OLEXANDER (Silvan) — I direct my technology industry that Melbourne is being recognised question to the Minister for Consumer Affairs. I refer as a centre of ICT excellence and a place to invest, and the minister to the cabinet document entitled ‘Review BMC is one of those companies that has recognised it. of Estate Agents Guarantee Fund’ dated It is also great to hear that a company has chosen to November 2003, which outlines the government’s plan establish itself here because of the conditions that bring to introduce amendments to legislation which would about highly qualified staff with multilingual skills. It is allow the government to gain access to over not the only company to have made the decision on the $200 million which is currently held in the fund’s asset basis of Melbourne being the best place to invest for its base. Can the minister explain to the house why in this skills base, environment and also for economic growth. cabinet document, signed by him, under the heading In February Optus opened a 250-seat technical support ‘Consultation’ it says ‘the estate agents industry has not centre in Flinders Street. Its decision to locate in been directly consulted’ and further ‘no public Melbourne was also based on the highly qualified work presentation is envisaged at this stage’? force available. QUESTIONS WITHOUT NOTICE

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Mr LENDERS (Minister for Consumer Affairs) — the government to talk to stakeholders and say, ‘What I thank Mr Olexander for his question. I will not do you think should happen?’, it beggars imagination to comment on alleged cabinet documents one way or the think that I would not at least consult with my other, but I will answer the policy question he raises government colleagues first to say, ‘I am going to talk about any changes that this government would propose to industry. Within what parameters should I talk?’. to the use of the Estate Agents Guarantee Fund and also Mr Olexander says, ‘Wouldn’t it be outrageous if how we would engage the industry on that. someone were to present a submission to a government body and in that honestly say that they have not As this house would know, the Estate Agents discussed it with industry, because first they wanted to Guarantee Fund has been in place for a long time — in get the parameters to go and talk with industry?’. fact, I believe since the government of John Cain, Jr. For a number of years the fund was primarily used to Like its predecessor, this government realises that deal with the situation when a person had a financial something needs to be done about the fund. We have arrangement with an estate agent and the estate agent legislation that has now been tabled in the Legislative did not comply with their part. It protected the Assembly to try to deal with it, and it is a dialogue that I consumer. The fund operates in part using consumers’ have directly at my dinners with the estate agents — — money, whether it be money from deposits for purchasing homes or rental money. Over time the The PRESIDENT — Order! The minister’s time money has accumulated and been used to pay consumer has expired. claims. During the time of the Cain and Kirner governments the money was also used to assist Supplementary question low-income home owners to establish their own Hon. A. P. OLEXANDER (Silvan) — I am not homes — a portion of the fund that was removed by the surprised that the minister does not wish to refer to his Kennett government. cabinet document, because it tells a very sorry story So this fund has grown because its uses were reduced about his motivations and the motivations of the by the Kennett government. It is an issue that the government. I ask the minister: is it not a fact that he Honourable Jan Wade, as fair trading minister under the and his cabinet colleagues have secretly contrived to Kennett government, had to deal with, and it is an issue gain access to the Estate Agents Guarantee Fund asset that my immediate predecessors in the Bracks base of more than $200 million in order to prop up their government had to deal with to the extent that under its budget bottom line in the portfolios of planning, existing terms each year the fund grows at a far greater environment and housing? Is that not the fact? rate than any prudent government would draw upon. Mr LENDERS (Minister for Consumer Affairs) — Hon. A. P. Olexander — Why? Two things: firstly, if this government were conspiring to drain this fund without consultation, as the Minister Mr LENDERS — Mr Olexander asks why. for Finance under the Financial Management Act I Because this government believes in using it to service could sweep the fund without consultation. So first and consumers and not for frivolous claims. It is something foremost, if we wished to do it we have the power to do that I had dialogue with Mr Forwood about in the it. Secondly, we want to engage the stakeholders who Public Accounts and Estimates Committee hearings last have access to these funds by talking to them, and if he year, and I have had dialogue with many members cares about consumers Mr Olexander should realise about it. It is an issue that Jan Wade realised needed to that this is not estate agents’ money, it is consumers’ be addressed. money — the consumers who pay rent and who pay deposits on homes. That is where the money comes In a bipartisan fashion, whether it was Minister Wade from, and we are having a dialogue with these people or the Labor ministers, we have all realised that by having the legislation out there. something needs to be done about it. What the something is is a matter that we have been trying to Mr Olexander needs to know that it is not estate agents’ work on, and in that nature we have been discussing it money. This is consumers’ money, and this government in government. The Auditor-General has reported on will look after it and use it only for the interests of the need for us to do something more prudently with consumers. this fund. The industry has been saying that we need to do things more prudently with this fund. So I have been engaging in a dialogue in a range of areas, but if, hypothetically, I were to be going forward on behalf of QUESTIONS WITHOUT NOTICE

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Australian Broadcasting Corporation: Somerville secondary college: Aboriginal relics Victorian sport Hon. W. A. LOVELL (North Eastern) — My Hon. J. G. HILTON (Western Port) — I refer my question is to Mr Gavin Jennings, the Minister for question to the Minister for Sport and Recreation, the Aboriginal Affairs. I refer the minister to the Bracks Honourable Justin Madden. As all members will be government’s promise to open a new Somerville aware, the Australian Broadcasting Corporation, the secondary college in January 2005. Given that the ABC, has decided to dump local state sports bulletins in government has known about Koori relics on the site favour of pre-recorded national wraps. I ask the for more than a year, what action will he take to ensure minister to advise the house what actions the Bracks that the construction of the school proceeds in time for government has taken to ensure that ABC management the opening of the 2005 school year while also ensuring reconsiders this action. the preservation of these significant relics?

Hon. J. M. MADDEN (Minister for Sport and Mr GAVIN JENNINGS (Minister for Aboriginal Recreation) — I welcome the member’s question, Affairs) — That is a terrific question. An appropriate because I know how interested he is in this matter. The balance has to be struck with the commitments that Bracks government has been at the forefront of the fight have been made by our government for the significant to persuade the ABC’s Sydney-centric management to investment in the south-east area of Melbourne to reverse its decision to dump local content in favour of a deliver a school for the local community. It is an national sports wrap. I believe I was the first to come undertaking that we fully and comprehensibly expect to out with a position on this when I aired my concerns in make. However, we are constrained by the appropriate the Age on 10 February. Since that time others have identification and consideration of the important voiced their strong opinion and their displeasure with archaeological material that has been found on the site. the Sydney-centric ABC management. Three state In accordance with the cultural heritage act — which premiers have written to the chairman of the ABC. We members of Parliament may or may not know is have seen many sporting leaders and administrators commonwealth legislation with delegated responsibility speak out. We have seen the former Liberal Party in part to me but also to the local Aboriginal treasurer attend his first rally ever in protest. He was community — there are appropriate protocols and joined by the Liberal state opposition leader. Both those requirements to make sure that those materials are people were interested in turning around the position of protected. There has been an examination made of the ABC. these issues.

We have seen the federal government come on board Recommendations have been made about the on this issue in recent months. The federal Treasurer appropriate siting of the development. Some has written to the ABC expressing similar concerns. It outstanding issues may be addressed. The government is good to see that the federal Treasurer has taken his is acutely aware of these matters and of the inspections focus away from the Prime Minister’s job and put an that are required under the act to make sure that things emphasis on the jobs of local Victorians, particularly are protected. There are ongoing conversations with the Angela Pippos and Christine Ahern. There has been developers of the school site, and there has been overwhelming angst about this matter. On the first night communication between my office and the appropriate of the national wrap, the ABC switchboard received commonwealth minister’s office to discuss any almost 600 calls of complaint. The Herald Sun implications for the commonwealth legislation. But it is conducted a poll on 16 March, and 94 per cent of the government’s intention that all those competing responders called for the scrapping of the new requirements will be satisfactorily addressed in Sydney-based sports coverage. There was a rally delivering the school in a timely way. attended by 300 people, including me, at the ABC Southbank headquarters on 16 March. We hope and Supplementary question expect the ABC management to reverse its decision, as Hon. W. A. LOVELL (North Eastern) — I refer the Victorian and particularly Melbourne viewers do not minister to the fact that the recognised body, the take up the option of tuning in to the ABC’s sports Victorian Boonerwrung Elders Land Council, believes wrap. I urge the Prime Minister to voice his view by the school should be built and has offered to facilitate writing to his friend, ABC chairman, Donald the construction of the school with the protection of the McDonald, reinforcing the concern of Victorians that relics. Another group, the Boonerwrung Land Council the ABC — particularly its sports coverage — does not from Tasmania, is using its position to stop construction become even more Sydney-centric in the future. of the school, which would benefit the people of QUESTIONS ON NOTICE

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Somerville including young members of the initiative may in fact only establish equilibrium in Boonerwrung community. Will the minister use his relation to the benchmark. powers to prevent this? In terms of the figure, last year a report was published Mr GAVIN JENNINGS (Minister for Aboriginal by La Trobe University in relation to residential aged Affairs) — The supplementary question is not as good care. I have referred to this report before. It estimates as the first question for a variety of technical reasons. that somewhere between $260 million and $405 million The supplementary question is factually incorrect. The per annum underfunding is received in relation to aged land council that she referred to is not the designated care allocations across the country. So this so-called responsible agency under the commonwealth cultural headline figure will in fact only be addressing what is heritage act; that assumption is incorrect. an ongoing shortage of funding coming into the sector. Aged care: funding The idea that there may be an increase in high-care residential places — that is embedded in this article — Hon. J. H. EREN (Geelong) — My question is for is a good one. I would applaud that. In fact that is the Minister for Aged Care, Mr Gavin Jennings. I refer something I took to the federal Minister for Health and the minister to the report in today’s Herald Sun that Ageing last week. I visited her in Canberra after she Victoria is set to receive more than 4500 extra aged finally acceded to receiving a visit from me and put it to care places as a part of the federal government’s her that there should be an increase in the allocation of re-election strategy. Could the minister advise the house high-care beds. However, we must be mindful of the as to how this boost in places and funding will impact fact that in the last allocation of licences to the state of upon aged care services in Victoria? Victoria only 36 per cent of bed allocations were high-care beds. Mr GAVIN JENNINGS (Minister for Aged Care) — Like other members of the Victorian Today’s article lauds the fact that licences might be community who got up this morning to have a look at allocated on the basis of a ratio of 109 places per their copy of the Herald Sun, I was instantly excited 1000 members of the community over the age of 70. about the prospect of a significant injection of resources That is all good and well. That is the current, existing into the state of Victoria through the largesse of the allocation of licences. The real problem for the state of commonwealth government in relation to aged care Victoria is that those allocated licences are not taken services. However, once you get beyond the up. This is a matter — the phantom licence $1.6 billion headline, the detail is somewhat alarming applications — I pursued in cooperation with the Public and concerning in terms of the actual effect of the Accounts and Estimates Committee last year. Whilst announcement that has been leaked out of the the commonwealth allocates about 109 places, only commonwealth government. In fact there are 80 places are actually made operational. Here is the qualifications within the text of the article to say that challenge: where is the capital going to come from to these are subject to budgetary considerations and have guarantee that these licences that have been referred to not been signed off by the government. So in the first are taken up to deliver quality aged care to the instance we have a reference to $1.6 billion, which is in Victorian people? fact a national figure, only a subset of which will go to Victoria. Indeed, what has been indicated to the Victorian community is that 4500 aged care places may QUESTIONS ON NOTICE be coming to Victoria, while under normal circumstances bed licences are issued at in the order of Answers 2000 per year. The question must be asked: what is the additional impact of these allocated licences as Mr LENDERS (Minister for Finance) — I present foreshadowed in this article and how will they be paid answers to 235 questions on notice, being: 167, 168, for? 365, 367, 369, 569, 614, 878, 895, 920, 924, 926, 928, 929, 935, 938, 939, 944, 945, 968, 1008–10, 1028, Members of the house will be acutely aware that over 1043, 1048, 1051–3, 1057, 1058, 1066, 1071, my tenure as Minister for Aged Care in Victoria I have 1074–6, 1078, 1086, 1094, 1097, 1099, 1103, 1104, alerted the house on any number of occasions to the 1110, 1112, 1116–19, 1121, 1127, 1138, 1140, | fact that we are over 4000 beds short of the 1144–6, 1153, 1157–75, 1177–89, 1203–38, 1240–6, commonwealth’s own benchmark in terms of the 1248, 1275, 1276, 1288, 1290–1300, 1305–13, provision of residential aged care. So this so-called 1315–22, 1325–32, 1335, 1337, 1338, 1340–7, 1349, 1352–78, 1393–1401, 1405–9. CORRECTION OF BILLS

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CORRECTION OF BILLS GARDINER FOUNDATION Mr LENDERS (Minister for Finance) — I move, Annual report by leave: Hon. T. C. THEOPHANOUS (Minister for Energy That where a bill has passed through both houses and Industries), by leave, presented report for 2002–03. any title of the bill includes a reference to a calendar year earlier than that in which passage of a bill was Laid on table. completed the Clerk of the Parliaments be empowered to alter the calendar year reference in the bill title and any corresponding reference within the bill itself to accord with the year in which its passage was completed. LAW REFORM COMMITTEE Motion agreed to. Forensic sampling and DNA databases in criminal investigations

PETITIONS Ms HADDEN (Ballarat) presented report, together with appendices and minutes of evidence. Taxis: multipurpose program Laid on table. Hon. P. R. HALL (Gippsland) presented petition from certain citizens of Victoria requesting that the Ordered that report and appendices be printed. Legislative Council not support the introduction of a financial cap to the multipurpose taxi program and Ms HADDEN (Ballarat) — I move: that any proposed changes be delayed until full and proper consultation has been held with That the Council take note of the report. stakeholders, including the taxi industry, to consider Firstly I wish to acknowledge the members of the Law other options for the efficient operation of the Reform Committee of both the 54th session of program, so that the special circumstances and Parliament and the current 55th session of Parliament. needs of the elderly and disabled in rural Victoria They include the former chair, Mr Murray Thompson, are fully considered (299 signatures). Ron Bowden, Peter Katsambanis, Telmo Languiller, Andrea McCall and Bob Stensholt. I was the deputy Laid on table. chair of the last committee. I also acknowledge the Disability services: Grampians great work done by the current committee in finalising this important report: the chair, Rob Hudson, Noel Ms HADDEN (Ballarat) presented petition from Maughan, Andrew Brideson, Richard Dalla-Riva, certain citizens of Victoria praying that a house or Dympna Beard and Tony Lupton. other appropriate and suitable accommodation, I have been a part of the Law Reform Committee since together with the appropriate support services to 1999 and since this reference was given to the Law meet emotional, social, educational and physical Reform Committee in 2001. The committee spent some needs, be provided for young disabled people two and a half years investigating this reference. The presently living in aged care facilities in the report before the house contains 477 pages. The Grampians region (85 signatures). committee received over 40 submissions, held public Laid on table. hearings and heard some 42 witnesses. The committee had overseas meetings in January–February 2002 in Hazardous waste: Tiega San Francisco, Washington, New York, London and Paris. The committee held interstate meetings in Hon. B. W. BISHOP (North Western) presented September 2002 in Brisbane, Sydney and Adelaide. petition from certain citizens of Victoria requesting that the Victorian government abandon its proposal This report should be the bible of anyone who wants to to place a toxic waste facility in the Ouyen area know something about or look towards reform of (190 signatures). forensic sampling and DNA databases in criminal investigation in this state. Laid on table. It is some 20 years since Sir Alec Jeffreys pioneered the technique of DNA profiling and applied it to exclude a suspect from a high-profile murder investigation in SCRUTINY OF ACTS AND REGULATIONS COMMITTEE

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England. Since then advances have been made in effectively utilising forensic sampling and improving genetic science and technology with significant benefits criminal investigation in this state. in the field of forensic DNA profiling. In fact Victoria is one of the first Australian jurisdictions to undertake Motion agreed to. DNA profiling. In 1989 the Coldrey committee introduced a blueprint for laws to authorise the collection of bodily samples, and the first forensic SCRUTINY OF ACTS AND REGULATIONS procedures were enacted. COMMITTEE

DNA is a powerful investigative tool and is also a Alert Digest No. 1 powerful evidentiary tool. The Law Reform Committee made 14 recommendations and proposed an expansion Ms ARGONDIZZO (Templestowe) presented Alert of the use of DNA profiling in criminal investigations Digest No. 1 of 2004, together with appendix. by streamlining the way in which procedures are Laid on table. authorised and conducted as well as giving greater legislative and administrative recognition to those Ordered to be printed responsible for delivering the services. Alert Digest No. 2 The Law Reform Committee worked hard to create a framework of laws which would give Victoria Police Ms ARGONDIZZO (Templestowe) presented Alert the scope to detect crimes while simultaneously Digest No. 2 of 2004, together with appendices. minimising the risks of contamination and abuse. The committee considered a number of areas such as ethics Laid on table. of sampling, offenders, suspects, volunteers, the role of consent, police powers and responsibility, laboratory Ordered to be printed. systems et cetera, as well as looking to safeguarding the disadvantaged groups with special needs within the DRUGS AND CRIME PREVENTION criminal justice system. COMMITTEE The committee recommended in 5.2 that the Crimes Act schedule 8 offences be redefined as serious Fraud and electronic commerce indictable offences for which a maximum of five years The CLERK presented final report, together with of imprisonment or more or a life sentence can be appendices and minutes of evidence. imposed. The committee concluded that it was desirable to keep the Victorian provisions consistent with the Commonwealth Crimes Act provisions and the ENVIRONMENT AND NATURAL model bill as developed by the Model Criminal Code RESOURCES COMMITTEE Officers committee. Impact and trends in soil acidity Another topical recommendation, 10.4, was that the Victorian Forensic Science Centre be established on an The CLERK presented report, together with independent footing — that is, managed by an appendices and minutes of evidence. independent board accountable to the Victorian Parliament, be at arm’s length from its major clients and be funded by a department separate from Victoria PUBLIC ACCOUNTS AND ESTIMATES Police, such as is the case in England and Wales and in COMMITTEE South Australia. Such a recommendation was made after examining other jurisdictions and receiving and Budget estimates and outcomes considering evidence from witnesses and like parliamentary committees. The committee concluded The CLERK presented government responses to that the Forensic Science Centre of Victoria should be recommendations made in reports on budget autonomous in its operations and be accessible to both outcomes for 2000–01 and budget estimates for prosecution and defence. 2002–03 and 2003–04.

In conclusion, the committee recommends a strategic expansion of DNA profiling with a view to more PAPERS

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PAPERS Keilor Cemetery Trust — Minister for Health’s report of failure to submit 2002 report to her within the prescribed Laid on table by Clerk: period and the reasons therefor. Report, 2002. Lake Mountain Alpine Resort Management Board — Report Altona Memorial Park — Minister for Health’s report of for the year ended 31 October 2003. failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Lilydale Memorial Park and Cemetery Trust — Minister for Health’s report of failure to submit 2002 report to her within Anderson’s Creek Cemetery Trust — Minister for Health’s the prescribed period and the reasons therefor. Report, 2002. report of failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Mansfield District Hospital — Minister for Health’s report of failure to submit 2002-03 report to her within the prescribed Ballaarat General Cemeteries Trust — Minister for Health’s period and the reasons therefor. Report, 2002-03 (two report of failure to submit 2002 report to her within the papers). prescribed period and the reasons therefor. Report, 2002. Melbourne City Link Act 1995 — Beechworth Health Service — Minister for Health’s report of failure to submit 2002-03 report to her within the prescribed City Link and Extension Projects Integration and period and the reasons therefor. Report, 2002-03. Facilitation Agreement Eleventh Amending Deed, 24 December 2003, pursuant to section 15B(5) of the Bendigo Cemeteries Trust — Minister for Health’s report of Act. failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Exhibition Street Extension Seventh Amending Deed, 24 December 2003, pursuant to section 15D(6) of the Budget Sector — Mid-year Financial Report, 2003-04, Act. incorporating the Quarterly Financial Report No. 2 for the period ended 31 December 2003. Melbourne City Link Nineteenth Amending Deed, 24 December 2003, pursuant to section 15(2) of the Act. Cheltenham and Regional Cemeteries Trust — Minister for Health’s report of failure to submit 2002 report to her within Statement of Variation No. 1/2003 Detailed Tolling the prescribed period and the reasons therefor. Report, 2002. Strategy, 24 December 2003, pursuant to section 15B(5). Crown Land (Reserves) Act 1978 — Minister’s Orders giving approval to the granting of a lease at Mt Rouse Public Mildura Cemetery Trust — Minister for Health’s report of Park Reserve, O’Donnell Gardens Reserve and the failure to submit 2002 report to her within the prescribed Shakespeare Grove Reserve, Riddells Creek Recreation period and the reasons therefor. Report, 2002. Reserve, St Vincent Gardens Reserve and Torquay Public Reserve and granting of licences at Dallas Brooks Drive Mount Baw Baw Alpine Resort Management Board — House and Gallery, and Mordialloc-Mentone Beach Park Minister for Environment’s report of failure to submit 1 Reserve (seven papers). November 2002 to 31 October 2003 report to him within the prescribed period and the reasons therefor. Docklands Authority — Minister for Major Project’s report of failure to submit year ended 31 July 2003 report to him* Mount Buller Alpine Resort Management Board — Minister within the prescribed period and the reasons therefor. Report for Environment’s report of failure to submit 1 November for the year ended 31 July 2003. 2002 to 31 October 2003 report to him within the prescribed period and the reasons therefor. Drugs, Poisons and Controlled Substances Act 1981 — Standard for the Uniform Scheduling of Drugs and Poisons, Mount Hotham Alpine Resort Management Board — Report No. 18, Amendment No. 2, 1 January 2004 and Notice for the year ended 31 October 2003. regarding amendment of Part 2 of Chapter 1 and Minister’s Notices regarding the amendment, commencement and Mount Stirling Alpine Resort Management Board — Minister availability of the Poisons Code (three papers). for Environment’s report of failure to submit 1 November 2002 to 31 October 2003 report to him within the prescribed Falls Creek Alpine Resort Management Board — Minister period and the reasons therefor. for Environment’s report of failure to submit 1 November 2002 to 31 October 2003 report to him within the prescribed Murray-Darling Basin Commission — Report, 2001-02. period and the reasons therefor. National Environment Protection Council — Report, Fawkner Crematorium and Memorial Park — Minister for 2002-03. Health’s report of failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Necropolis Springvale — Minister for Health’s report of failure to submit 2002 report to her within the prescribed Geelong Cemeteries Trust — Minister for Health’s report of period and the reasons therefor. Report, 2002. failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Northern Victorian Fresh Tomato Industry Development Committee — Minister for Agriculture’s report of receipt of [* Subsequently corrected] 2002-03 report. PAPERS

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Parliamentary Committees Act 2003 — Minister’s response Hume Planning Scheme — Amendments C31 and C49. to recommendations in Economic Development Committee’s Report on Export Opportunities for Victorian Rural Indigo Planning Scheme — Amendment C23. Industries. Knox Planning Scheme — Amendments C22 and C23. Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes: La Trobe Planning Scheme — Amendment C22.

Ararat Planning Scheme — Amendment C6. Macedon Ranges Planning Scheme — Amendment C29. Ballarat Planning Scheme — Amendments C67 (Part 1), C68 and C70. Manningham Planning Scheme — Amendments C24, C33 (Part 1), C38 and C39. Banyule Planning Scheme — Amendments C33 (Part 1) and C34 (Part 1). Maribyrnong Planning Scheme — Amendments C17 (Part 1) and C30. Bass Coast Planning Scheme — Amendments C22, C31 and C33. Maroondah Planning Scheme — Amendment C33.

Baw Baw Planning Scheme — Amendments C19 and Melbourne Planning Scheme — Amendments C39, C25. C86, C89 and No. 81.

Bayside Planning Scheme — Amendments C2 (Part 2), Melton Planning Scheme — Amendment C26. C29 (Part 1) and C32. Mildura Planning Scheme — Amendments C12, C17, Bendigo — Greater Bendigo Planning Scheme — C19, C22 and C24 (Part 1). Amendments C27 and C56. Mitchell Planning Scheme — Amendments C15 Brimbank Planning Scheme — Amendments C52, C55 (Part 2), C31 and C33. and C56. Moira Planning Scheme — Amendments C13 and C15. Buloke Planning Scheme — Amendment C4. Monash Planning Scheme — Amendments C32 and Cardinia Planning Scheme — Amendments C13 (Part C50. 2), C20, C32 (Part 2), C34 (Part 2), C53 and C54. Moonee Valley Planning Scheme — Amendment C47. Casey Planning Scheme — Amendments C38, C49 and C71. Mornington Peninsula Planning Scheme — Amendments C40 (Part 2), C47 (Part 1) and C60 to Central Goldfields Planning Scheme — Amendment C63. C5. Mount Alexander Planning Scheme — Corangamite Planning Scheme — Amendments C2 and Amendment C17. C10. Moyne Planning Scheme — Amendments C10 and Dandenong — Greater Dandenong Planning Scheme — C11. Amendment C38. Nillumbik Planning Scheme — Amendments C19, C22 Darebin Planning Scheme — Amendment C56. (Part 1) and C29.

East Gippsland Planning Scheme — Amendments C16 Port Phillip Planning Scheme — Amendment C35. and C21. Pyrenees Planning Scheme — Amendments C2 and C8. Frankston Planning Scheme — Amendment C23. Queenscliffe Planning Scheme — Amendment C13. Geelong — Greater Geelong Planning Scheme — Amendments C35, C64, C66 and C90. Shepparton — Greater Shepparton — Planning Scheme — Amendments C43 and C45. Glen Eira Planning Scheme — Amendments C19 (Part 2), C28, C29, C32 and C33. South Gippsland Planning Scheme — Amendments C12 and C27. Golden Plains Planning Scheme — Amendment C16. Surf Coast Planning Scheme — Amendment C17. Hepburn Planning Scheme — Amendments C13, C20 and C21. Swan Hill Planning Scheme — Amendment C6 (Part 1).

Hobsons Bay Planning Scheme — Amendments C21, Victoria Planning Provisions — Amendment VC20. C24 and C32. Warrnambool Planning Scheme — Amendments C27, Horsham Planning Scheme — Amendment C17. C30, C33, C34 and C35. PAPERS

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Wellington Planning Scheme — Amendments C11, C21 Magistrates’ Court Act 1989 — No. 144/2003. and C22. Marine Act 1988 — No. 143/2003 and No. 16/2004. West Wimmera Planning Scheme — Amendment C5. National Parks Act 1975 — No. 150/2003. Whitehorse Planning Scheme — Amendments C44 and C49. Occupational Health and Safety Act 1985 — No. 10/2004. Whittlesea Planning Scheme — Amendment C49. Occupational Health and Safety Act 1985 — Dangerous Wyndham Planning Scheme — Amendments C30, C54, Goods Act 1985 — No. 157/2003. C57 and C60. Petroleum (Submerged Lands) Act 1982 — Yarra Planning Scheme — Amendments C40 and C44. No. 13/2004.

Yarra Ranges Planning Scheme — Amendments C25, Police Regulation Act 1958 — Nos. 155/2003 and C31 and C39. 12/2004.

Yarriambiack Planning Scheme — Amendment C2. Sale of Land Act 1962 — No. 5/2004.

Preston Cemetery Trust — Minister for Health’s report of Subordinate Legislation Act 1994 — No. 151/2003 and failure to submit 2002 report to her within the prescribed Nos. 17 and 18/2004. period and the reasons therefor. Report, 2002. Survey Co-ordination Act 1958 — No. 21/2004. Prevention of Cruelty to Animals Act 1986 — Code of Practice for the Tethering of Animals (Revision Number 1). Transport Accident Act 1986 — No. 156/2003.

Project Development and Construction Management Act Valuation of Land Act 1960 — No. 153/2003. 1994 — Orders in Council of 28 January 2004 and 10 March 2004 of nomination and application orders (four papers). Victims of Crime Assistance Act 1996 — No. 147/2003.

Rural Finance Act 1988 — Treasurer’s directives of 24 Wildlife Act 1975 — No. 20/2004. December 2003 and 15 March 2004 to the Rural Finance Corporation. Subordinate Legislation Act 1994 —

Snowy Hydro Limited — Report for the period 29 June 2002 Ministers’ exception certificates under section 8(4) in to 28 June 2003. respect of Statutory Rule Nos. 144, 150, 151 and 152/2003 and Nos. 17 and 18/2004. Statutory Rules under the following Acts of Parliament: Ministers’ exemption certificates under section 9(6) in Australian Crime Commission (State Provisions) Act respect of Statutory Rule Nos. 145, 147, 148, 153 and 2003 — No. 15/2004. 155/2003 and Nos. 4, 6, 7, 11, 14, 15 and 20/2004.

Building Act 1993 — No. 2/2004. Templestowe Cemetery Trust — Minister for Health’s report of failure to submit 2002 report to her within the prescribed Children’s Services Act 1996 — No. 14/2004. period and the reasons therefor. Report, 2002.

Conservation, Forests and Lands Act 1987 — Water Act 1989 — Hoddles Creek Water Supply Protection No. 11/2004. Area Stream Flow Management Plan 2003.

Country Fire Authority Act 1958 — No. 9/2004. West Wimmera Health Service — Minister for Health’s report of failure to submit 2002-03 report to her within the Electricity Safety Act 1998 — Nos. 146 and 149/2003. prescribed period and the reasons therefor. Report, 2002-03.

Estate Agents Act 1980 — No. 148/2003 and Nos. 3 and Wyndham Cemetery Trust — Minister for Health’s report of 4/2004. failure to submit 2002 report to her within the prescribed period and the reasons therefor. Report, 2002. Firearms Act 1996 — No. 154/2003. Proclamations of the Governor in Council fixing Fisheries Act 1995 — No. 145/2003 and No. 22/2004. operative dates in respect of the following Acts: Forests Act 1958 — Nos. 6 and 7/2004. Accident Compensation and Transport Accident Acts Health Act 1958 — No. 8/2004. (Amendment) Act 2003 — Section 5 — 1 February 2004 (Gazette No. G5, 29 January 2004); sections 10, 11 and 12 — Health Services Act 1988 — No. 19/2004. 1 March 2004 (Gazette No. G9, 26 February 2004).

Land Act 1958 — No. 152/2003. Albury-Wodonga Agreement (Repeal) Act 2003 — Sections 4, 5, 6, 11, 12, 16 and 17 — 1 March 2004 (Gazette No. G9, Livestock Disease Control Act 1994 — No. 1/2004. 26 February 2004). RIGHT OF REPLY

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Animals Legislation (Animal Welfare) Act 2003 — Section The PRESIDENT — Order! There is an error; the 32 — 22 January 2004 (Gazette No. G4, 22 January 2004). ‘her’ should be deleted and ‘him’ inserted. Child Employment Act 2003 — 12 June 2004 (Gazette No. S61, 15 March 2004). RIGHT OF REPLY Estate Agents and Sale of Land Acts (Amendment) Act 2003 — Remaining provisions (except section 21) — City of Boroondara 1 February 2004 (Gazette No. G5, 29 February 2004).

Federal Awards (Uniform System) Act 2003 — Sections 1 The PRESIDENT — Order! Pursuant to the (except paragraph (b)) and 2 and Part 5 — 17 December 2003 standing orders of the Legislative Council, I present a (Gazette No. S238, 17 December 2003). right of reply from the City of Boroondara to statements Federal Courts (Consequential Amendments) Act 2000 — made in the Council by the Honourable David Davis, Sections 22 and 23 — 8 March 2004 (Gazette No. G10, MLC, on 8 October 2003. 4 March 2004). During my consideration of the application for the right Instruments (Enduring Powers of Attorney) Act 2003 — of reply, I gave notice of the submission in writing to 1 April 2004 (Gazette No. G8, 19 February 2004). Mr David Davis and also consulted with him prior to Local Government (Democratic Reform) Act 2003 — Part 2, the right of reply being presented to the Council. I have sections 15 to 18, 21, 22, 24, 25, 26, 32, 33, 35(1), 36, 37, 40, omitted some expressions which I deemed not to be in 41, 42, 46, 47 to 51, 52(1), 52(2), 52(4), 52(5), 54, 55, 56, 61, accordance with the spirit of the standing order. 64 to 69, 78, 79, 84 to 88, 92, 93, 95(1), 95(2), 96, 99, 102, 103 and 104 — 10 December 2003; sections 34 and 35(2) — Having considered the application and determined that 7 January 2004; sections 80, 82 and 83 — 13 February 2004 (Gazette No. S230, 10 December 2003). the right of reply should be incorporated into the parliamentary record, I remind the house that the Non-Emergency Patient Transport Act 2003 — Sections 1, 2, standing order requires me when considering a 65, 66 and 67 — 25 March 2004 (Gazette No. G13, 25 March 2004). submission under the order to not consider or judge the truth of any statements made in the council or the Port Services (Port Management Reform) Act 2003 — submission. Sections 5(2), 5(3), 9, 23, 26(1) and 29 — 1 January 2004 (Gazette No. G51, 18 December 2003). In accordance with the standing orders the right of reply Terrorism (Community Protection) Act 2003 — Provisions of is hereby ordered to be printed and incorporated in Part 6 — 25 February 2004 (Gazette No. S42, 25 February Hansard. 2004). Reply as follows: Water Legislation (Essential Services Commission and Other Amendments) Act 2003 — Remaining provisions, except for APPLICATION FOR A RIGHT OF REPLY TO BE sections 5, 6 and 9 — 1 January 2004 (Gazette No. G50, INCORPORATED INTO THE PARLIAMENTARY 11 December 2003). RECORD

Wrongs and Limitation of Actions Acts (Insurance Reform) 1. On 4 February 2004, the City of Boroondara made Act 2003 — Sections 3, 17 and 18 — 1 January 2004 application for a right of reply to be incorporated into the (Gazette No. G51, 18 December 2003). parliamentary record, pursuant to the Standing Orders of the Legislative Council. Wrongs and Other Acts (Law of Negligence) Act 2003 — Part 5 — 1 January 2004 (Gazette No. G51, 18 December 2. The application relates to comments made by the 2003). Honourable D. M. Davis, MLC, during debate on 8 October 2003 on a motion regarding Kew Residential Hon. Bill Forwood — On a point of order, Services (Victorian Parliamentary Debates, pages President, I note that on the first page of the papers just 316-22). read by the Clerk, under Docklands Authority, it states: 3. During my consideration of the application I gave notice Minister for Major Project’s report of failure to submit year of the submission in writing to Mr Davis. I have also ended 31 July 2003 report to her within the prescribed consulted with Mr Davis prior to the right of reply being period … presented to the Council. My understanding is that the Minister for Major 4. Having considered the application, I have determined that the right of reply should be incorporated into the Projects is in fact the Honourable Peter Batchelor. One parliamentary record. would have thought that in those circumstances there is an error. 5. Having determined that the right of reply should be incorporated into the parliamentary record, I wish to draw attention to Standing Order 19.04 that requires me, RIGHT OF REPLY

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in considering a submission under the Order, to not The comments of Mr Davis infer that this Council is open to consider or judge the truth of any statements made in the improper influence in its decision making processes, and that Council or the submission. Council’s decision in the matter of Kew Residential Services was the result of ‘pressure’ from the State Government, from Monica Gould Council Officers and, in particular, from its Chief Executive. I President of the Legislative Council note that Council’s position in this regard has since been put 31 March 2004 beyond question by the State Government publicly rejecting the position adopted by the Council. Indeed this is a matter of RIGHT OF REPLY FROM THE CITY OF continuing and legitimate dispute between this local BOROONDARA government and the State Government, hardly the stuff of an inappropriate relationship. Council wishes to formally seek a right of reply to comments made by the Hon. David Davis, MLC, in the Legislative Council’s Chief Executive Officer rang Mr Davis at his Council concerning Kew Residential Services on 8 October electorate office on Friday 10 October and inquired regarding 2003. any evidence for his assertions. Mr Davis reaffirmed his allegations but was unable to provide any evidence. In the debate concerning Kew Residential Services on Mr Johstone advised Mr Davis that his allegations of 8 October, Mr Davis made allegations inferring collusion, collusion, improper influence and tainted decision-making on improper influence and tainted decision making on the part of the part of Council and Officers were categorically untrue and this Council, its Chief Executive Officer and officers of could be demonstrated to be so, and requested Mr Davis to Council. Mr Davis’ comments were an attack on the integrity attend the Council office on Monday 13 October to hear clear of the elected Council of this City. His comments apparently evidence of the facts. Mr Davis did not take up the invitation. sought to damage the reputation of Councillors and their Mr Davis’ office subsequently provided the local Progress Chief Executive Officer in the minds of community members. Leader with a copy of his Hansard speech, thus ensuring In addition to seeking to impugn the reputations of local publicity for his remarks. Councillors who are well known as the community’s elected representatives, Mr Davis also sought to impugn the On Monday evening 13 October, Council’s Services Special reputation of the Chief Executive Officer Peter Johnstone by Committee, a committee comprising the full Council, name, alleging an improper relationship with the State unanimously supported a statement repudiating the Government against the interests of Council’s constituents. allegations of Mr Davis. Subsequently, Council’s Chief Executive Officer and I met with the Leader of the Mr Davis has made no attempt to substantiate these Opposition Robert Doyle MP to seek some resolution of the allegations. The comments attributed to Mr Davis in the matter. The meeting was unproductive. Mr Davis, invited to Hansard of the Legislative Council for 8 October 2003, as the meeting by Mr Doyle, again refused to offer evidence of, part of a debate on Kew Residential Services, are as follows: or to retract, the allegations.

1, ‘We have seen the heavy hand of these government In making allegations, without any evidence, of improper organisations pressuring and leaning on Councillors and decision-making by the City of Boroondara Mr Davis has Council Officers to force an outcome…’ effectively sought to lessen the confidence of our community and indeed his electorate in the standard of governance by this 2. ‘Some Councillors … were prepared to buck the local government. Worse, Mr Davis has impugned the pressure from the State Government and buck the reputations of Councillors, Officers and by name the Chief pressure from Council Officers and the Chief Executive Executive Officer of this Council, a person who has of the Council, Peter Johnstone, who is working in this, I established his reputation over many years of service at senior believe, hand in glove with the State Government to levels to all levels of Australian government, both Liberal and achieve an outcome that is not in the interests of the Labor. Reputations are hard earned and should not be people of the City of Boroondara.’ impugned without evidence.

3. ‘…I was greatly saddened at the Council meeting some This Council believes that all elected representatives have a months ago to see the Council in what can only be duty to uphold the highest standards of integrity, particularly described as disarray, with Council Officers buzzing in their formal role. backwards and forwards trying to shore up the votes and the positions of certain Councillors. I request under the provisions of Standing Order 19.02 that this letter be incorporated in the Parliamentary record as a There is no truth in any of these statements which are little formal response from the Council of the City of Boroondara more than a crude misrepresentation of the responsible and to Mr Davis’ comments. I have copied this letter for careful process undertaken by this Council in its proper role information to the Leader of the Opposition and to David as local government and planning authority for the City of Davis. Boroondara. This Council is not aware of any attempts to influence its decisions improperly in the important and Yours sincerely, complex matters affecting the redevelopment of Kew Cr Judith Voce Residential Services. There is no basis for the insulting Mayor language in the last quotation above. I would stress that this Council has the highest regard for, and greatly values the Laid on table. advice of officers, which is always provided properly and respectfully. Order to be printed. MEMBERS STATEMENTS

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MEMBERS STATEMENTS of interest which have been preserved for future generations. I wish to congratulate the joint managers Boroondara: performance of the Crown reserve, the City of Ballarat and the Golden Plains shire as well as the Woady Yaloak and Hon. D. McL. DAVIS (East Yarra) — I wish, as the Linton and district historical societies for part of my contribution to 90-second statements today, developing and preserving this historic rail-trail reserve to reflect upon the Boroondara City Council, a council for all time and for future generations. that has lost its way; a council that is doing the government’s bidding. It is cosying up to the Bracks Corres Schubert government on planning. It is a council that is led by the nose by an overblown chief executive officer, Hon. W. A. LOVELL (North Eastern) — I would Mr Peter Johnstone, who has cosied up to the Bracks like to congratulate Corres Schubert, a volunteer art government on planning and is doing its bidding to the teacher from Waaia, who was recently given the 2004 tremendous damage of our city. Premier’s Victorian Senior of the Year award. Corres Schubert has been an inspiration to the residents of the The City of Boroondara is to be impacted heavily by Numurkah Pioneer Lodge aged care hostel and the the 2030 plans of the Bracks government. The Bracks Nathalia Baala nursing home, teaching the residents art government’s plans for 2030 are being implemented and encouraging them to display their work in with gusto and enthusiasm by this council, and the exhibitions across the Goulburn Valley. council has refused to listen to the community of Boroondara. The government has refused to listen to In addition to teaching art, Corres also volunteers her the City of Boroondara, because it is not in touch. In services at Numurkah and District Health Service particular I note that the mayor’s handling of the issues where she hosts outings for residents, drives a bus and around the Kew Cottages planning is very sad. I believe provides one-on-one assistance to frail residents. Last people in the City of Boroondara, and in the Kew area week, together with the Minister for Aged Care, in particular, are very concerned about the Mr Gavin Jennings, the Honourable Bill Baxter and government’s plans. It is clear that the council was Mr Ken Jasper, the honourable member for Murray played for a patsy, and through its actions the council Valley in another place, I had the pleasure of viewing facilitated the government’s calling in of the Kew some of the exceptional art works produced by the Cottages issue. I note also that the Camberwell railway residents of Numurkah and District Health Service. station issue where the council is again riding Mrs Schubert was nominated for this award by roughshod over the community — — Numurkah Health Service, which paid tribute to her volunteer spirit. I congratulate Corres Schubert on The PRESIDENT — Order! The member’s time receiving this award, and commend the work of Corres has expired. and all volunteers who contribute so much to the quality of life of all Victorians. Ballarat–Skipton rail trail Ian Thorpe Ms HADDEN (Ballarat) — On 12 March the Minister for State and Regional Development, Mr SMITH (Chelsea) — I rise to congratulate a Mr Brumby, opened the upgrade of the major tourist young Australian man who has displayed an attraction within the Golden Plains shire, the unbelievable amount of good grace and sportsmanship Ballarat–Skipton rail trail. The state government’s through what can only be described as a sporting Living Regions Living Suburbs program contributed disaster. His willingness to accept the umpire and rules $280 000 towards the $545 000 project cost for the that govern his sport and his support for his team mate restoration of the historic Nimmons Bridge over the are a lesson for us all. What a fantastic ambassador for Woady Yaloak River at Newtown, including the lower his sport and his country. I speak, of course, of Mr Ian trail access over the river. Thorpe. I congratulate Mr Thorpe; well done and good luck in Athens. Nimmons Bridge is one of Victoria’s oldest and largest timber trestle bridges and joins up the two sections of Seniors Festival: free travel the Ballarat–Skipton rail trail. This rail trail runs for 53 kilometres from Ballarat through the picturesque Hon. ANDREA COOTE (Monash) — Victoria northern plains and historic towns of Smythesdale, recently celebrated seniors week, from 14 to 21 March. Scarsdale, Linton, Pittong and Skipton. Adjoining the It was a great success and had many varied programs. trail are numerous natural, social and historical points But why were senior country Victorians discriminated MEMBERS STATEMENTS

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against with five days of free travel compared with Prisons: capacity eight days of free travel for their city counterparts? The booklet produced for the festival says under ‘Free Hon. RICHARD DALLA-RIVA (East Yarra) — I Travel’: rise to congratulate a former federal MP, Dr Andrew Theophanous, who in stark contrast to the Labor Party With your Victorian Seniors Card you can travel free on opposite has identified the fact that the Bracks Labor metropolitan trams, trains and buses for the eight days ... government has failed to address the problems in the Free country rail and coach services were available on prison system in this state. This person has experienced only five days for country Victorians. This is actually a the corrections system and has had the fortitude to great inequity and is not fair. I had a letter which states: come out on the public record and say exactly what the problem is. My 80-year-old father ... travelled from Melbourne to Warrnambool on Sunday, 14 March. Let us look at the issues that have confronted us. The Minister for Corrections in the other place, the Dad, knowing that senior citizens week had started that day, approached the ticket counter with his Seniors Card to be told Honourable André Haermeyer, has said how wonderful he could not travel for free on Sunday, he could have the system is. The reality is that we have a jail system travelled the day before. operating well over its capacity and which is the worst of any state, as the Productivity Commission has This inequity is unacceptable for senior Victorians. recently shown. The government has been running into Presumably the minister is reviewing the 2004 seniors enormous problems with the amount of drugs in jails. week and is doing his forward planning for seniors There is also a problem with high levels of recidivism week for next year. I ask the minister while he is doing and the fact that the government is intent on closing that to guarantee there will be free travel for all senior, country jails. The opposition has already put out a rural and regional Victorians throughout Victoria on policy to say it will retain the Won Wron jail, but the either trains or coaches — — government wants to close it down and continue the The PRESIDENT — Order! The member’s time overcrowding in our jails. The minister does not has expired. understand. It is important that people who have been in the jail system in this state identify the problems Women: local government under this government.

Ms MIKAKOS (Jika Jika) — I reflect on an The DEPUTY PRESIDENT — Order! The important development in local government, honourable member’s time has expired. particularly for the north-east of Melbourne. Over the last two weeks the following mayors have been elected: Eumemmerring Province: industrial land Cr Rae Perry in the City of Darebin, Cr Lara Carli in Mr SOMYUREK (Eumemmerring) — I rise to the City of Whittlesea, Cr Kay Meadows in the City of congratulate the state government for investing Yarra, and Cr Jenny Mulholland for her second $1.6 million in Melbourne’s south-east region as part of consecutive year as mayor of the City of Banyule. the Melbourne 2030 plan for balanced growth and Cr Lara Carli is the first female mayor in Whittlesea’s development. This includes a grant of $75 000 for 130-year history. I extend my congratulations to each of planning work for the city of Greater Dandenong to these talented and remarkable women on their election allow the council to develop a blueprint for important and wish them every success in their term as mayor. I industrial land in the municipality’s south. The plan also look forward to working with each of them for the will form the basis of future planning controls within benefit of our local communities. the area, which is of metropolitan-wide significance Sadly, today only 28.6 per cent of Victoria’s councillors and is vital to the economic prosperity of the south-east are women, although as of today 31.1 per cent are region. mayors. The Bracks government’s support for The South Dandenong land was identified last increasing the number and diversity of women November and included in the urban growth boundary candidates and councillors through funding the after research showed a significant shortfall in industrial ‘Strengthening communities through women’s land reserves in this crucial area. The decision to rezone participation’ project should see these numbers increase a further 1040 hectares of industrial land more than met in the future. I certainly hope that more women are the government’s commitment to provide a 15-year encouraged to nominate and participate in this year’s supply of industrial land in key areas. local government elections. MEMBERS STATEMENTS

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With more than 40 per cent of Victoria’s total at the RAAF base at Point Cook, which is in my manufacturing industry located in and around my electorate of Melbourne West. Some of the night’s electorate, it is important to protect the strategic highlights included the commando skydivers; a flying strength of the region. The state government is display of the RAAF Museum heritage aircraft; the spending a total of $5.6 million on important transport Roulettes giving a truly spectacular aerobatic flying and planning issues throughout the south-east region. display, which simply wowed the whole crowd; and This includes grants totalling $230 000 for the City of being entertained by the RAAF Central Band including Greater Dandenong over the last two years. The a performance of the 1812 Overture with fireworks. government is working in partnership with local councils across Eumemmerring Province and the The Point Cook airfield was established back in 1913 south-east region generally. The government has given and is one of the oldest, if not the oldest, continuously grants totalling $1.6 million to eight councils — — operating military airports in the world. It is the home of the RAAF Museum, and I certainly recommend that The DEPUTY PRESIDENT — Order! The all members take some time out to visit it. I honourable member’s time has expired. congratulate Air Commander Rod Luke, Squadron Leader Cliff Winnett, Wing Commander Craig White, Shop trading hours: Easter Sunday Ms Lauren Pettis, and the officer training school for what really was a spectacular birthday celebration at Hon. B. W. BISHOP (North Western) — My issue Point Cook. today stems from the inconsistent and arbitrary decision making in relation to Easter Sunday trading by the Korean War commemorative quilt Minister for Small Business. I am delighted she is in the house to hear this particular issue. Hon. DAVID KOCH (Western) — I bring to the attention of members the unveiling of a memorial quilt The issue covers areas of Victoria such as Wodonga that commemorates the 50th anniversary of the end of and parts of Gippsland, and perhaps more, but I wish to the Korean War. The quilt was made by 22 Coleraine address the fact that the minister wrote to the Swan Hill women using traditional Korean monks linen and Rural City Council in April last year recommending taking over 1000 hours to complete. The quilt lists all that an exemption be given across the municipality to 340 Australian soldiers who lost their lives in this trade on Easter Sunday. I will quote what the minister conflict. Being handmade it has special significance for wrote, in part, that secured the exemption last year — the many Australian families who lost husbands, that is, ‘on the basis of longstanding local events during fathers, sons and brothers more than 50 years ago and is the Easter period’. a public recognition of the supreme sacrifice these young soldiers made. The commemorative quilt weaves While none of these events has changed — in fact, I a story of the life and death of these unsung Australian suspect they have increased — the traders and the heroes, including the ideals of peace and freedom in an community were stunned to learn that the Easter ever-uncertain world. Sunday trading has been excluded from the municipality this year. We note that the neighbouring The quilt has been touring Australia, including Ballarat, municipalities of Gannawarra and Mildura certainly and is expected to be in Hamilton for Anzac Day. enjoy the status of exemption. Supported by the Australia-Korea Foundation, the quilt will also be displayed at Pusan, Korea’s war memorial, I request that the minister immediately reverse this in memory of those Australians involved in the Korean decision and allow these traders to trade on Easter campaign. Sunday as they have for many years, or is she prepared to compensate them for their economic loss? Congratulations to Coleraine’s Nola Gunning and her team of dedicated volunteers who created this Point Cook: Royal Australian Air Force extraordinary and unique memorial. This memorial anniversary quilt demonstrates the ongoing community recognition of those who made the ultimate sacrifice in order that Hon. KAYE DARVENIZA (Melbourne West) — I we retain the freedoms we enjoy today. inform the house of how delighted I was to attend, along with my parliamentary colleague the Avalon Airport: Jetstar Honourable Ron Bowden, the Royal Australian Air Force twilight spectacular celebrating the 83rd birthday Hon. J. H. EREN (Geelong) — I am delighted by of the RAAF. The celebrations took place last Saturday the wonderful news that Jetstar has landed in Victoria, MEMBERS STATEMENTS

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particularly at Avalon. I mentioned in my inaugural Iraq: conflict speech the enormous potential of Avalon Airport, and obviously those in the private sector have now Hon. J. G. HILTON (Western Port) — Slowly but developed a vision for what this place could be and its inexorably it is becoming clear that the reasons the importance to Geelong. However, all levels of Australian people were given for going to war in Iraq government needed to fully appreciate that vision and were completely bogus. There are no weapons of mass get behind it, and Geelong needed this very important destruction, there is no link between Saddam Hussein development. and Al-Qaeda and certainly the world is not a safer place. I am informed that the airport currently employs about 1000 people, but with the announcement that Jetstar However, we are now told that we went to war for a will use Avalon as a base for its Sydney and Brisbane different reason: Saddam Hussein was a vicious tyrant flights the potential for more employment is endless. I who slaughtered his own people and the world is a urge everyone to get behind Jetstar, especially better place without him. That is true, but in recent considering that the Bracks Labor government worked times there have been other vicious tyrants — Idi so hard to ensure that Jetstar would use Victoria as its Amin, Pol Pot, General Galtieri and General Pinochet. base. In keeping with this government’s commitment to These tyrants also slaughtered their own people — in regional areas it is appropriate that such a great boost to Pol Pot’s case, by the millions — but I do not recall that the Victorian economy should come out of the we invaded their countries. At the present time the second-biggest city in Victoria, Geelong. Special regimes in North Korea, Burma and Zimbabwe are run congratulations should go to Linfox at Avalon for its by vicious tyrants, but I do not see us invading those strength and foresight in working with various levels of countries any time soon. No, as is increasingly government to see such a wonderful outcome as this. becoming clear, the real reason the Prime Minister sent our troops to Iraq is that George Bush asked him to. Professor John Funder Later this year Australia will have an opportunity to vote for either a government whose primary interests Hon. BILL FORWOOD (Templestowe) — I want are those of the United States or a government whose to place on record the outstanding contribution made by primary interests are those of Australia. The choice Professor John Funder to the Victorian Health could not be more stark. Promotion Foundation. Professor Funder chaired his last board meeting on 17 March, and after seven Real estate agents: government action years — he was appointed by the Kennett government in 1997 — has finished his term as chairman of Hon. B. N. ATKINSON (Koonung) — I wish to VicHealth. Honourable members would know that I report to the house that the Honourable Robert Doyle, have been appointed by the Parliament as one of the the Leader of the Opposition in another place, and I VicHealth board members. attended the Real Estate Institute of Victoria’s (REIV) annual dinner this month. I note that there was nobody VicHealth is an iconic institution in this state and an from the government at that dinner. That continued a example to others of the Parliament working at its best contempt of the real estate industry, a contempt that has to create an institution of lasting benefit to the state and been shown by John Brumby, the Treasurer, who to the people. However, it has depended very much, of continues to disparage the real estate institute for its course, on the quality of the people who have headed advocacy of a reduction in stamp duties and land taxes the institution since it started. It was first chaired by Sir by indicating that that is from some sort of self-interest Gus Nossal and then John, and it has had two of the industry, when in fact consumers and businesses outstanding chief executive officers in Rhonda Galbally pay stamp duties and land taxes and there is no income and now Rob Moodie. for estate agents.

As many would know, Professor Funder has a very I am concerned that the government failed to appoint long history as head of the Baker Medical Research representatives to the Estate Agents Council in time to Institute. He brought an extraordinary depth of enable that council to hold its formal meeting in March. experience and wisdom to the board, and under his The council failed to have a formal meeting as there leadership VicHealth continued to grow in the esteem was no quorum because the minister had not appointed of the people of Victoria and to their benefit. the appropriate people.

I am also concerned about the changes to legislation that were passed by this house in the last sitting. The JOINT SITTING OF PARLIAMENT

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REIV has conducted training programs for estate agents Ordered that message be sent to Assembly from its own resources despite the fact that the acquainting them with resolution. regulations for that legislation were not finalised until days before the act was due to come into force. I now BUSINESS OF THE HOUSE notice — — Sessional orders The PRESIDENT — Order! The time for members statements has expired. Mr LENDERS having been given leave to amend notice of motion 1:

JOINT SITTING OF PARLIAMENT Mr LENDERS (Minister for Finance) — By leave, I move: Senate vacancy That the sessional orders of the Council, adopted on The PRESIDENT — Order! I have received the 26 February 2003, be amended as follows: following message from the Governor: Days and hours of meeting

The Governor transmits to the Legislative Council a copy of a 1. In sessional order 1 after ‘Tuesday at 2.00 p.m.’ insert dispatch which has been received from the Honourable the ‘and at 9.30 a.m. in the final week of each autumn and President of the Senate notifying that a vacancy has happened spring sitting period’. in the representation of the state of Victoria in the Senate of the commonwealth of Australia. Routine of business and a letter from the President of the Senate to the 2. In sessional order 2, in paragraph (c), omit ‘Motions to Governor: take note of reports and papers (30 minutes)’ and insert ‘Statements on reports and papers (60 minutes)’. Pursuant to the provisions of section 21 of the commonwealth of Australia constitution, I notify Your Excellency that a Government business vacancy has occurred in the representation of the state of Victoria through the resignation on 10 February 2004 of 3. In sessional order 3, omit ‘5.23 (a), (b), (c), (e) and (f)’ Senator the Honourable Richard Kenneth Robert Alston. and insert ‘5.23 (a), (b), (c) and (e)’. I have also received the following message from the General business Assembly: 4. Omit sessional order 5 and insert:

The Legislative Assembly has agreed to the following ‘The transaction of general business will take resolution: precedence of all other business on Wednesday for 3 hours following members statements, excluding any That this house meets the Legislative Council for the period of suspension of the sitting: provided that, in the purpose of sitting and voting together to choose a person final sitting week of each autumn and spring sitting to hold the place in the Senate rendered vacant by the period general business will take precedence for resignation of Senator the Honourable Richard Kenneth 2 hours.’ Robert Alston and proposes that the time and place of such meeting be the Legislative Assembly chamber on ‘Unless otherwise ordered by the Council, when debate Wednesday, 31 March 2004 at 6.15 p.m. has concluded on each general business matter the President must put the question.’ which is presented for the agreement of the Legislative Council. ‘Of the time allocated for consideration of a general business matter under sessional order 5, not less than Mr LENDERS (Minister for Finance) — By leave, 5 minutes must be given to the mover of the motion to I move: exercise his or her right of reply prior to the question being put.’ That this house meet the Legislative Assembly for the purpose of sitting and voting together to choose a person to Notices of motion hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Richard Kenneth 5. Insert the following new sessional order to follow Robert Alston and, as proposed by the Assembly, the place sessional order 9: and time of such meeting be the Legislative Assembly chamber on Wednesday, 31 March 2004 at 6.15 p.m. ‘Standing order 5.04 be suspended to provide that notices of motion may be given after the presentation of Motion agreed to. papers for a period not exceeding 15 minutes. No notice of motion will, without leave of the Council, be received after the Council has proceeded to the orders of the day.’ BUSINESS OF THE HOUSE

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Discharge of business from the notice paper the final sitting week of each autumn and spring sitting period. At the conclusion of the time allocated under this 6. Insert the following new sessional order to precede sessional order, the President will then put the question. sessional order 10: Nothing in this sessional order will preclude a member ‘Standing order 5.12 be suspended to provide that a from — notice of motion and an order of the day, general business, other than for the consideration of a bill, will (i) giving notice of a report previously discussed be discharged from the notice paper after it has been on a Thursday; or listed for 20 consecutive sitting days.’ (ii) giving notice to take note of a report or paper Daily adjournment of the Council for consideration during general business.

7. In sessional order 10, omit paragraph (a) and insert: Subject to the provisions of sessional order 41, a member may also make a statement under this sessional ‘(a) At 10.00 p.m. on Tuesday and Wednesday and at order regarding the failure of a minister to provide either 4.30 p.m. on Thursday, the President will interrupt an answer or an explanation to a question on notice.’ the business before the house, or if the house is in committee, the Chair of Committees will report Government business program progress and the President will then interrupt such business: provided that — 10. In sessional order 20, omit paragraph (a) and insert:

(i) if a division is in progress at the time of such ‘(a) as required, the remaining questions necessary for interruption, the division will be completed the passage of the bill through the house will be and the result announced; combined (except in the case of a bill that requires the third reading to be passed by an absolute or (ii) the Chair will have discretion to extend the special majority of the whole number of the time for a maximum of 10 minutes to allow members of the Legislative Council, the question for the completion of a speech on a motion for for the third reading will be put separately), the the second reading of a bill within the committee stage of a bill being dispensed with if no allocated time; government amendments have been circulated pursuant to sessional order 22; and’. (iii) the Chair will not be required to call the next speaker if a speaker completes his or her 11. In sessional order 21, omit paragraph (b) and insert: speech within 3 minutes prior to the time fixed for such interruption.’ ‘(b) in the case of a bill that requires the third reading to be passed by an absolute or special majority of the 8. In sessional order 10, omit subparagraph (ii) of whole number of the members of the Legislative paragraph (b) and insert: Council, put separately the questions necessary for the passage of the bill through the house (including ‘(ii) If a minister does not move such motion, the a combined question relating to any amendments President will forthwith propose the question “That and new clauses and schedules desired by the the house do now adjourn” which question may not government which have been circulated pursuant to be amended but can be open to debate. Provided sessional order 22) the committee stage being that, before proposing such question the President dispensed with; and’ will announce to the Council the receipt of any messages from the Assembly and any bills Extension of government business program transmitted will be read a first time and their second reading made an order of the day for the 12. In sessional order 23, in paragraph (a), omit ‘4.00 p.m.’ next day of meeting. At the conclusion of the and insert ‘4.30 p.m.’ debate, the President will adjourn the house until the time of the next meeting without putting any Incorporation of second-reading speeches in Hansard question.’ 13. Omit sessional order 30 and insert: Statements on reports and papers ‘Standing order 12.05 be suspended so that when a bill 9. Omit sessional order 13 and insert: originating in the Legislative Assembly has passed that house and is transmitted and introduced into the ‘Following members statements on Thursdays, the Legislative Council, on the order of the day being read President will propose the question “That reports and for the second reading of that bill, the minister may papers tabled in the Council be noted” and any member make introductory remarks on the contents of the bill, may make a statement of not more than 5 minutes on including a statement of any amendments made by the any report or paper proposed for discussion that day. A Legislative Assembly to the bill which have been member must give not less than one day’s notice of a reflected in the second-reading speech and may move a report or paper proposed for discussion and may propose motion without notice for the incorporation of the not more than one report or paper for discussion each second-reading speech (except so much of the speech week. The time allocated for discussion on reports and that may contain a statement under section 85(5) of the papers may not exceed 60 minutes, and 30 minutes in BUSINESS OF THE HOUSE

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Constitution Act 1975) of that bill into Hansard. Such (f) The maximum time for a debate on a motion to motion may not be amended or debated. take note of a ministerial statement may not exceed 2 hours, following which, unless otherwise ordered On moving the motion for the second reading of a bill, by the Council, the President must put the the minister must (if required) make a statement under question’. section 85(5) of the Constitution Act 1975.’ Procedure where answers to questions on notice not 14. Omit sessional order 31 and insert: provided

‘On the order of the day being read for the second 18. Insert the following new sessional order to precede reading of a bill originating in the Legislative Council, sessional order 35: the minister may make introductory remarks on the contents of the bill and may move a motion for the ‘Standing order 6.08(2) be suspended to provide that in incorporation of the second-reading speech (except so the event that a minister does not provide an much of the speech that may contain a statement under explanation, notice may forthwith be given of a motion section 85(5) of the Constitution Act 1975) of that bill regarding the minister’s failure to provide either an into Hansard only with the leave of the Council. answer or an explanation to a question on notice which can only be debated on Wednesdays during general On moving the motion for the second reading of a bill, business. Members may also make a statement on the minister must (if required) make a statement under Thursdays within the time allocated for “Statements on section 85(5) of the Constitution Act 1975.’ reports and papers”, provided that at least one day’s notice of intention to make such statement is given by a Third reading of bills member. A member may speak for not more than 5 minutes on such statement.’ 15. In sessional order 33, after ‘absolute’ insert ‘or special’. Renumbering of sessional orders and correction of Debate on amendments in committee of the whole references

16. Insert the following new sessional order to follow 19. The Clerk be authorised to renumber the existing sessional order 33: sessional orders and correct any internal references as a consequence of these amendments. ‘Immediately after the Council resolves itself into committee of the whole on a bill on the consideration of clause 1, a minister may circulate and move any number The motion clearly deals with amendments to the of government amendments proposed to be made in the sessional orders. To recap, this house, at its first bill, after which other members may circulate meeting in 2003, adopted sessional orders and we had a amendments and speak in general terms on their long and vigorous debate. It fair to say that a lot of the proposed amendments. Consideration of the debate revolved around the issue of whether things that amendments will be in accordance with the provisions of standing orders 12.14 to 12.21.’ were practice and not codified should be codified and whether there were some other areas beyond the Ministerial statements codification in the government business program — 17. Insert the following new sessional order to follow time limits in particular was probably the most sessional order 34: contentious issue at the time. There was a long debate.

‘Standing order 5.06 be suspended and that the These are very important debates in a Parliament, following procedure apply to ministerial statements: because in the end a debate on sessional and standing (a) A minister may make a ministerial statement orders ultimately regulates how we conduct our without leave at any time in government business business. Understandably members will have strong provided that there is no question before the Chair. views about what is the best way for the regulation and behaviour of 44 individuals who all obviously have the (b) The minister must provide a copy of the statement to the President and party leaders at least 2 hours traditions of the Parliament near and dear to them and before it is proposed to be made. have views on the best way for Parliament to operate.

(c) The minister may not speak for more than One year on from the adoption of the sessional orders 20 minutes. we again have in front of us amendments to those sessional orders. The amendments essentially fall into (d) At the conclusion of the ministerial statement, a motion may be moved without notice, “That the three categories. The first seeks to clarify some areas Council take note of the ministerial statement”. that either time has shown could be done better or where circumstances have changed. Secondly, some of (e) The lead speakers for the other parties may speak the amendments deal with how we can more efficiently on the motion for not more than 20 minutes, following which the time limits prescribed by use the time we have, in particular removing potentially sub-paragraph (iii) of paragraph (a) of sessional time-wasting issues from the sessional orders. Thirdly, order 33 will apply. BUSINESS OF THE HOUSE

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there are a couple of areas where there is a conscious Mr Forwood that it does go back to the 60-minute decision in this proposal to change the way the chamber timing of reports, which was a case in the operates. I will go through the sessional orders fairly 54th Parliament, but it also broadens the scope of what briefly to outline where they fit in, but I think they can be debated. primarily fall into those headings. The next amendment concerns government business. From when the consolidated resolution was first read into the house on its last sitting day last year there has Hon. Bill Forwood — What about this? been discussion between parties, and in a number of areas these new sessional orders incorporate Mr LENDERS — I will not take up Mr Forwood’s amendments that were suggested in some of the areas interjection because I missed it. to deal with either unforeseen consequences or to vary Hon. Bill Forwood — Did you check with the them. I would not purport to say that there is agreement Auditor-General what his views are on this? He wants over these, but in some of the areas the edges have been his report debated in this place. smoothed. Mr LENDERS — My major discussions with the The first amendment ‘Days and hours of meeting’ Auditor-General at the moment are on the fascinating seeks to codify what already happens in a final week of subject of international accounting standards. One day I a sitting when this house sits and the Assembly does will give Mr Forwood the benefit of my accumulated not. knowledge on that. But today I can assure Mr Forwood, Amendment 2, ‘Routine of business’ deals with the house and the Victorian community that we will extending. At the moment debate has been in place have the capacity to debate 12 Auditor-General’s about whether a half hour debate on reports goes to reports, rather than one, every week. 1 hour — — I move to amendment 3, which concerns government Hon. Bill Forwood — Putting it back to what it business. Again, the purpose of this amendment is to was. clarify the priority of government business in an area. It goes to the issue of whether a minister has been Mr LENDERS — I take up Mr Forwood’s tardy — and I use the word deliberately — in replying interjection. No, it does not go back to what it was; it to questions on notice. Today we had a wonderful 200 broadens it. The time goes back to what was in place, or so answers to questions on notice. This amendment but the scope is broadened. This proposes that where a goes to the issue of the sanctions of this house if a motion on a particular report that all members need to minister does not deal with a question. There are two debate is moved, individual members of the ways that this can be dealt with. Clearly there is the chamber — probably 12 of them — are empowered to issue of embarrassing a minister by their being held to debate any report they are interested in that is relevant account by people asking, ‘Is the question answered?’ to their electorate rather than everybody being required Under the existing rules there is also a capacity to move to follow the first item that has been brought forward. a motion forthwith.

It is probably worth spending just a moment on that One of the concerns that government members have in issue, because if we are a house of review there are two dealing with this is to remove from the sessional orders ways that you look to review. You either review one things that can be used for filibustering, and there is item that is brought forward, and everyone is required always a fine balance involved in dealing with that. I to debate — — would say that the first and foremost issue here is the right of the opposition or the third party to hold the Hon. Bill Forwood — An audit report. minister to account in general business where a motion can at any time be moved. Mr LENDERS — Mr Forwood says, ‘An audit report’. That is an incredibly significant report. If it is the view of the opposition or the third party that Previously the first person moved one item and every general business should be used for other things, it is member debated it. Under this proposal there is no their call and priority that determines what is the most reason that 12 members cannot debate 12 separate audit important thing. Under these proposals when making a reports. There is no reason that a member cannot debate statement on a report any member — government, a report about their electorate or an issue that they have opposition or any other member — can use their worked on or are interested in. This amendment 5 minutes to draw the attention of the house and the enhances this house as a house of review. I concede to community to the fact that a minister has been tardy. So BUSINESS OF THE HOUSE

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there is still a capacity for resolution under general Hon. P. R. Hall — He will come back. business, but an acknowledgment that you would not want to make that the only vehicle. A person who has a Mr LENDERS — He is listening in his room, and I problem can ask a minister a question, can deal with the am sure he will come back, Mr Hall. The government general business resolution and also can raise it in acknowledges that the purpose of time limits is to allow reports. So there are three vehicles, but the prime reason an orderly way for debate to proceed, as happens in the for the amendment is again the issue of time. other house. The reality has been that the rigorous application of the 10 o’clock adjournment, without Moving to amendment 4, which concerns general exception, occasionally has meant that a member in full business, there has been some discussion, and the flight, giving his or her wisdom to the chamber, has government has accepted the opposition’s amendment been cut off. Some members have found this a bit about only one item being appropriate in general frustrating. Government members acknowledge this, so business. The government accepts that general business we give discretion under these proposed sessional is not government business, so it has been removed at orders for the Chair to let the debate go on for a few the request of the opposition and the National Party. minutes longer than it would otherwise take to What remains is to clarify that a question is actually complete a debate. put, and that there is a right of reply for the mover. They are the only changes that are proposed to the Hon. Bill Forwood — So do we take it as an sessional order concerning general business. Again the admission that you got it wrong last time? government has accepted the opposition’s and The Nationals’ requirement that says, ‘This is not Mr LENDERS — I will take up Mr Forwood’s government business, so do not prescribe that it only be interjection. He said that this government got it wrong one item’. last time. This government is always open to suggestions about how to improve the running, so that Moving on to notices of motion in amendment 5, again is why it is proposing amendment 7. This is a way of it is simply an issue of time. It means that there will be dealing with those issues where a little more debate a 15-minute period in which people can read notices of would make the issue clearer. motion. I do not think that has ever been exceeded, and certainly under this proposal it would mean that it never Amendment 8 is about statements on reports and could be exceeded. papers; I touched on it earlier. This gives a greater capacity for members of this place to have a vehicle. At Hon. Philip Davis interjected. the moment members have adjournment debates with fairly strict rules and 90-second statements, but other Hon. Bill Forwood — It has never been exceeded, than someone who is actually presenting a report there so why do you want it to say that? often is not scope to talk on reports if members want to. From the perspective of the non-government parties, Mr LENDERS — I will take up the interjections there would be more speaking time. If they wish to, made by the Leader of the Opposition and they can talk about the Auditor-General or whatever Mr Forwood. Part of the purpose of this tightening of issue. They can talk on them all, but it also means that the sessional orders is to remove the capacity for government members can talk on reports that are filibustering. important to them. As we move forward to being the house of review that the constitution makes us, this Amendment 6 concerns the discharge of business from amendment, which is an important reform, broadens the the notice paper. Again, this could all be done by the scope of debate in this place. agreement of members, but at the moment the printing of our notice paper is causing multiple trees to be Amendments 10 and 11 essentially deal with the slaughtered every day. Part of the purpose of this government business program and the fact that the change is that after 20 sitting days a motion goes off the constitution has been changed so that we no longer notice paper, but if a member still feels strongly about have second-reading speeches requiring statutory it, they can make a statement and have it put back on. I majorities. would say that this is our environmental clause — that is, the provision dealing with the protection of trees The purpose of amendment 12 is twofold: firstly, it from slaughter. It will shorten our notice paper. better facilitates the receiving of resolutions from the Legislative Assembly; and secondly, it means that the It is a pity my friend Mr Baxter is not in the chamber Council will sit a bit longer and make up the time that for this one, because this is what I will call — — would otherwise come out of government business BUSINESS OF THE HOUSE

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from the time allowed for reports being extended by minimum, a member has had the capacity to outline half an hour to an hour. The purpose of amendment 12 their proposed amendment. That is essentially the is to allow extra time. nature of amendment 16.

Amendment 13 concerns the incorporation of Amendment 17 concerns ministerial statements. This is second-reading speeches into Hansard. The a combination of codifications, but it is also essentially government has had advice from Chief Parliamentary a replication of the Assembly requirement. I am sure Counsel that, under the Constitution Act, section 85 there will be debate about this. Some members will say, statements are required to be read. I have sought further ‘Why can we not do this by agreement?’ This advice as to whether it is just the section 85 statement amendment seeks to say that if there is no agreement, or the whole speech. The advice provided is that the there is a minimum of 2 hours where the full statement statement be read rather than the whole second-reading is circulated to members. speech. This amendment deals with that advice, and I urge the Council to adopt ,it because there is no I give an unequivocal commitment that for anything difference in principle in bills that have come out of the that I, as a minister, deal with, at a minimum I will Legislative Assembly to what we have already had. The advise the other parties and give them the same sort of protection that was always in these sessional orders, notice we have for general business — that is, the day and still remains, was that a bill can be introduced for before — and that if, for example, a statement on the first time into the Legislative Council only by leave. insurance or whatever is introduced, hopefully the wording is given earlier to let people be prepared. This Hon. Bill Forwood — If it has been incorporated in amendment seeks to put in a minimum requirement, that house, it must be read in this house. that ministers are entitled to make statements during the time for government business and that an opposition Mr LENDERS — I will take up Mr Forwood’s member, as well as the President, is entitled to have at interjection. Under its sessional orders the Legislative least 2 hours notice beforehand to see the document and Assembly does not have a capacity to incorporate bills. prepare for what would be an important debate.

Hon. Bill Forwood — Yes, it does. Then we move on to amendment 18. It means there is a vehicle for holding ministers to account if they are Mr LENDERS — Very occasionally they are done tardy. by leave, but the purpose of the Council’s sessional orders is that, at least in theory, a bill that has come That summarises the amendments and I look forward to from the Assembly has been in the public domain for the debate because I understand there will be some two weeks, that the second-reading speech has been areas that, out of principle, people will argue against. read and seen, and that is of a different standard to a That is to be expected, but given the sessional orders speech that has been read in here for a first time. So that we started off with and the decisions of this place a year is the policy behind the amendment. Again, in principle ago to bring those sessional orders into place, I think it is no different to what we have other than it excises they seek to enhance and improve debate in this place. those parts of second-reading speeches that were caught They will increase opportunities, particularly with up because a section 85 statement was included in reports, and people will be able to talk on issues that them. they have been involved in and are concerned about, more so than under the existing sessional orders or Amendment 15 is purely procedural and deals with under the sessional and standing orders of the 54th constitutional changes. Parliament.

Amendment 16 again deals with the issue that if there Hon. PHILIP DAVIS (Gippsland) — Firstly, are amendments proposed in committee, the proposer before making my substantive remarks I should of those amendment gets a chance to outline them. So acknowledge the cooperation of the Leader of the the committee stage remains unchanged, but it means Government in making these proposed amendments to that if, for argument’s sake, Mr Forwood has an the sessional orders less bad, which is the only way I amendment to clause 80 or if I have an amendment to could describe it! That is the one acknowledgment I clause 85 of a bill, we can at least propose what we will make. wish to do at the start in general terms so that time is not lost for debate. Clearly if we get to the stage where Having said that, I will not dignify the sessional orders the sessional orders click in and it goes to a vote, this which the government imposed on this place last year proposed amendment will guarantee that, at a with any indication of acceptance that any modification BUSINESS OF THE HOUSE

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could make them anything but otherwise flawed. You giving notice is absolutely pathetic, and in the cannot make a silk purse out of a sow’s ear — and that minister’s own words, we have never exceeded is exactly what the minister is talking about. He is 15 minutes for giving notices of motion, anyway. talking about further codification; he is talking about a further restriction of opportunities for members of this The most important change which is proposed to the place to represent the community on important issues. sessional orders is to relieve ministers of a sanction which was implied but not exercised — and, to the best It is quite clear that the sessional orders which were of my understanding, only on one sitting day has the introduced into this place and under which we now sanction in relation to ministers failing to respond to operate changed the whole premise on which this house questions on notice been exercised. I think that has operated since its entire existence — which was one happened about two years ago by my colleagues the of cooperation between all sides of the Parliament. honourables Graeme Stoney, Andrea Coote and David Over the last year members were gagged repeatedly by Davis in relation to questions on notice that had not the operation of the sessional orders, and the guillotine been handled in the appropriate way. was imposed in ways that it had never, ever been done in the history of the upper house. That sanction of considering a minister’s failure to respond appropriately to a question on notice is there to The minister made a couple of interesting comments. assist the minister as much as anything in meeting the He talked about time wasting and time limits. The time lines that have always been set down for questions biggest time-wasting device introduced into this on notice. I think the government will find it causes it Parliament has been the introduction of time limits on more problems in ensuring that the people advising it in members’ speeches. Indeed, it is clearly the case that its departments are dealing attentively with the process this house has operated less effectively in dealing with of delivering responses to questions on notice. We its legislative responsibilities in the last year than it ever know that matters that are subjected to a procedure has before. It was only by the extraordinary cooperation which exposes them to public purview as a result of of the opposition parties at the end of the last sitting that their being before Parliament puts a discipline into the the government was able to crunch through 20 bills in public service in a way that ensures that these matters two weeks — which was a reflection of the are dealt with seriously. extraordinary incapacity of the government to manage the house, but more importantly the ineffectiveness of I believe that any relaxation of those disciplines will be this codification and restriction on the ability of to the detriment of the Parliament; the Parliament will members to be able to go about dealing with some not be treated quite as significantly in this process as it sensible arrangements in a cooperative sense. ought to be. I regret that the change has been determined to be made, and I acknowledge that this I do not intend to nitpick my way through the proposed matter was considered in conversation with the Leader detail of the changes to the sessional orders. The of the Government, but I am very disturbed about it. I opposition is opposed to these amendments as it was think it is inevitable that this will cause a diminution of opposed to the introduction of the sessional orders as regard for the process of dealing with questions on they exist in the first place. Therefore there is no point notice and, that being the case, the opportunity for in going into detail, but I will say this: to introduce, as Victorians to have proper scrutiny of government will the minister has proposed to do, time restrictions on also be further reduced. giving notice and putting a cap on in case notices of motion might be used to filibuster is the most bizarre I believe these sessional orders achieve nothing more example of the nature of the government in wanting to than tinkering with a bad arrangement which the codify every aspect of the way in which our society opposition has previously voted against. Therefore we lives. will be voting against these amendments.

May I say more broadly, that is what country Victorians Hon. P. R. HALL (Gippsland) — In speaking to have been complaining about over the last year. In just this motion, the first thing I want to say is that The about every week the government brings in a new Nationals acknowledge that we need a set of guidelines codification about the way people have to live — and a set of rules to conduct the orderly operation of whether it is about their grandchildren or how they deal business through this chamber. We accept that, and we with their private land or how they manage their farms. have always accepted that there needs to be a form of This is typical mantra from the Labor Party. Its only sessional orders. But like other debates on sessional understanding about government is to interfere with the orders we have warned this Parliament about the lives of ordinary Victorians. The time restriction on dangers of being overly prescriptive. Invariably once BUSINESS OF THE HOUSE

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you start being prescriptive there need to be continual 10.00 p.m. instead of 3 minutes to 10.00 p.m., or what adjustments and change, and things cannot be done if they finish at 11 minutes past 10.00 p.m.? We did not with cooperation, goodwill and understanding between have these problems before because — — the parties. Mr Lenders — We did not finish before 10.00 p.m. When this government came to power and introduced its first set of sessional orders, The Nationals and the Hon. P. R. HALL — That is absolutely not true. Liberal Party argued very strongly that this house has There was always some cooperation between the two always conducted its business efficiently, with an parties to say, ‘This is our target time, so let us work understanding of goodwill between all parties towards the target’. I would say that 99 per cent of the represented in this chamber, and it accomplished what time those targets were achieved within acceptable, needed to be accomplished quite efficiently. I agree reasonable limits. We are now finding that even though with the comments of the Leader of the Opposition now there is some variation of the 10.00 p.m. rule on that we are seeing things being done less efficiently, Tuesday and Wednesday nights, they are still reflective because we are being overly prescriptive with these and will still be inefficient to some extent. rules under which we can operate and which we have before us. Before I comment on a couple of the changes, I want to say that we are seeing variations to the sessional orders I too make an analogy. It is a bit like the issue of at the start of this autumn session of 2004. I expect that overregulation out there in the general community, and we will see some changes to sessional orders at the start very sadly that is where Victoria is moving. Under of every session between now and the next election, previous Labor governments Victoria was called the because once you have a strict set of rules, people being rust-bucket state; now we are being called the red-tape what they are they will try and find ways to get around state because of the excessive amount of regulation that them. They will try to break those rules and seek an is being applied. Some call us the nanny state — — advantage over them. Consequently, my bet to anybody in this chamber is that we will be back before too long Mr Viney interjected. to seek some further changes to these sessional orders — changes that could have been avoided if there Hon. P. R. HALL — Well, they do: it is a common was that atmosphere of cooperation, trust and goodwill phrase that people are using, because the government is between all parties. telling people what they can and cannot do! It is the red-tape mentality of this government. These sessional In commenting on the issue of the specific changes, I orders are a reflection of that red-tape mentality; they want to take up the points made by the Leader of the are overly prescriptive, and they overregulate the ways Opposition about the effect of some of the changes in which this chamber can operate. As I said, it impacts proposed in this motion. For example, I refer to the very upon the efficiency with which we can conduct first one. We are putting in place the practice that has business. I will give one example. The previous applied for at least the 15 years that I have been in this sessional orders put in place the finishing time of place, and that is that when the Assembly is not sitting, 10.00 p.m. on Tuesday and Wednesday evenings and we start at 9.30 a.m. or 10.00 a.m. as was the normal 4.00 p.m. on Thursday evenings. With these changes to starting time in years back. Now we are putting in sessional orders we now see that that was not the wisest writing that if the Assembly is not sitting in the last thing to do, because there were inefficiencies. We saw week of the sitting, we definitely have to start at people who had just got to their feet prior to the 9:30 a.m. instead of 2.00 p.m. We did not need a rule 10.00 p.m. deadline having to start their speech for 2, 3 for that. For my 15 years and probably for the hundred or 4 minutes and then terminating it, or we saw people years before that, it has worked perfectly well without getting close to finishing their speech and not being having to specify such a rule. One wonders why we able to do so because of the strict application of the need to put it in writing. 10.00 p.m. deadline before going on to the adjournment debate. I acknowledge that we have here some It is the same with some of the other things. The Leader refinements to the 10.00 p.m. rule. Now there is some of the Government admitted with amendment 5 — scope for the Chair to allow a person to continue for up notices of motion — that at this time no-one has ever to 10 minutes after 10.00 p.m. to finish their speech, or exceeded the 15-minute time limit for the moving of if we are within 3 minutes of 10.00 p.m., then the notices of motion. So I ask simply, as has already been person in the Chair is no longer required to call the next asked: what is the point in doing that? speaker. That is sensible, but it is also puts in definite time lines. What if the person finishes at 4 minutes to BUSINESS OF THE HOUSE

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The Leader of the Government made an interesting I want to make this quick comment about comment on the change when he was explaining amendment 12 where we are changing the 4.00 p.m. amendment 6 — that is, the expiration of some of the finish of business on Thursdays to 4.30 p.m. I do not items on the notice paper after they have been on it for think we have ever finished at 4.00 p.m. on a Thursday. 20 days. He calls it the government’s environmental If my memory is correct, the government has always clause. I cannot help but be a bit cynical about the extended that by leave beyond 4.00 p.m. where needed. comment that it is an environmental clause to cut down Leave has never been refused, and I cannot remember on the use of paper. One thing that always annoys me is us finishing exactly on 4.00 p.m. Can anybody else? the fact that we have supposedly moved to a technological age where we all have laptops and that is An honourable member — I can. supposed to cut down on paper. I can tell you, President, that nothing is further from the truth. In fact Hon. P. R. HALL — I cannot. The majority of the opposite is the truth with me. One of the annoying times the government has sought leave to extend it things I find about laptops is that government reports beyond 4.00 p.m. where required to receive business are now on the Internet so we have to download them from the other house, and that has always been from our computers. If it is a 60-page government achieved. I put that in the category of an unnecessary report then I have 60 A4 pages in my hand when I addition to the very strict set of prescribed rules that we download it, whereas if I had picked up a printed copy, are now going to have to follow. I would have 30 smaller pages printed on both sides I also want to thank the government for taking up the and the actual paper used in the production of those concerns of the opposition and The Nationals with reports would be about one quarter of the volume. So if amendments like 16, where we go into committee. the minister says that we have to do this for There is some sense in allowing each person who has a environmental reasons to cut back on paper, what about set of amendments to be moved in the committee to be making some real differences in the amount of paper able to canvass all of them in a block at the start of the that is floating around this place by addressing some of committee. Committees could be guillotined through the other issues? Taking off reports will save one or two the current sessional orders, so I think anybody who has pages every day. It is a bit of a con to suggest that it is a set of amendments should have the opportunity to at being done for environmental reasons. least speak to them prior to any curtailing of the I have already commented on amendment 7, which committee’s activity. I want to thank the government gives the Chair some flexibility in the finishing time on for making that change to what was previously each day. proposed, in the same way that I thank it for changing what was proposed as the number of items that could be I want to make some quick comments about the Leader considered in general business on Wednesday of the Government’s comment about amendment 9 mornings. giving more flexibility to speak on a greater range of reports. Yes, in theory we will be able to speak on My last comment is about no. 17, which relates to 12 different reports. I welcome the fact that ministerial statements. I get cynical about ministerial 12 members can get up and speak for 5 minutes on statements. In recent years, not just under this reports. The previous set of sessional orders did not government but under other recent governments as stop members from choosing six different reports to well, ministerial statements have been used as an speak on, and I know that when members of The exercise to validate something that the minister might Nationals had an opportunity to speak, quite frequently already have said publicly. For example, the last we would choose some other reports to speak about ministerial statement that was made in this chamber than the previous speakers. From my understanding, the was announced at a breakfast just across the road prior previous sessional orders did not limit everyone to to being given in this house. It makes ministerial speak on the same reports, and certainly the practice of statements a joke. Further, it makes a joke of the our party was to choose a report that was different to requirement to give opposition parties and third parties other speakers so that we could speak on it. So, yes, we a copy of the ministerial statement only 2 hours prior to can say that it is good to the extent that more people are that statement being made. Obviously the government able to speak, but it really does not increase the range of and the minister have the advantage, over many weeks, reports that people can speak on. We always had that months or perhaps years, of preparing for that particular option. ministerial statement and doing that research. For oppositions and third parties to have only 2 hours to consider the content of a ministerial statement makes it BUSINESS OF THE HOUSE

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difficult for us to respond in a strong and meaningful the details and elaborating on or clarifying the standing way. I would have thought at least 24 hours prior to its orders. At times these override and take precedence in being made would have been a more reasonable time the interests of reflecting and responding to the current for the government to get a copy of the ministerial political climate. The sessional orders update, improve statement to the opposition parties. In the past it has and establish current practice in the house. often been the practice that a copy was given to the opposition parties 24 hours beforehand. I cannot think I sat on the Standing Orders Committee in the previous of any instances where, if confidentiality or embargo Parliament, when it undertook the first major review of was required in the delivery of the copy, that embargo the standing orders since, I think, 1924. That review was breached by opposition parties. It has always been was completed at the end of the 54th Parliament. In our respected. So I get a bit cynical about ministerial attempt to modernise the standing orders and make statements. If we are going to be fair dinkum about them more accessible it was interesting to see that there them, I would have thought it fairer for all concerned were many sessional orders which reflected that opposition parties be given a copy of the ministerial longstanding practices in the house which had become statement in a far more timely fashion than has been incorporated into the standing orders at the time. proposed by this strict set of orders. As we went through that modernising process — I conclude by saying that The Nationals, like the looking at gender-neutral language and ways to make opposition, find the sessional orders that were brought the standing orders more up to date — it was in by the government in this chamber repulsive in many recognised that many sessional orders had been in place ways. Our opportunity to raise matters has been over a period of time, had been tested and tried, and that curtailed. The Leader of the Opposition has mentioned it was time to incorporate them into the standing orders. the timing of speeches in this Parliament. I also mention The amendments to the sessional orders we have before the limitation that has been set upon members of us today put to the house further changes and Parliament raising matters of concern for their refinements — — electorates, particularly the limitations in the adjournment debate. We are allowed to raise only one Hon. Bill Forwood — Jackboot! adjournment item a week. I think it is a terribly sad Ms ROMANES — And indeed, Mr Forward, they state of affairs if a member of Parliament who wishes to are part of the normal, ongoing process of this house raise matters on behalf of their constituents is limited to over many years. one item a week and one members statement a week. I do not think the sessional orders work all that well for When I looked at the changes I, in a similar way to the this chamber. Leader of the Government, tried to classify the nature of the different changes we are dealing with today. One As I said at the start, I acknowledge that we need some kind of change is to formalise current practice — for form of rules with which to efficiently transact example, the generally accepted 9.30 a.m. start on the business, but I think these are overprescriptive, and I do final week of the autumn and spring sittings and the not think these changes will help much. reduction of general business in that week to 2 hours in Ms ROMANES (Melbourne) — Thank you for this order to expedite business and get away on time, as it opportunity to speak on the amendment moved by the were. Leader of the Government this afternoon. One of the There are also consequential amendments, where a bill challenges for new members who come into this house requires questions to be put separately in the case of an is to come to terms with what at first appears to be a absolute or special majority. These consequential complex, confusing labyrinth of standing orders amendments arise out of the constitutional reform bill overlaid by sessional orders. These can seem that was passed by the house in 2003. mystifying at first. But over time members watch the application of these standing orders and sessional As the Leader of the Government, Mr Lenders, said, orders and come to appreciate how the two sets of rules there are changes that add to or clarify the operation of work side by side to define how we do business in this the business of the house in various ways, and the house. My understanding is that the standing orders are procedure relating to ministerial statements is one of the underlying set of rules and principles which guide those. The clarification of what happens at the end of the operation of the chamber. These have evolved since general business in terms of whether a question is put the very beginning of the upper house over 150 years and what right of reply — and duration of time for that ago. The sessional orders have the purpose of filling in reply — the mover of a motion has is also clarified. In BUSINESS OF THE HOUSE

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terms of clarification I am delighted that the procedure be, whether it had the capacity to become a house of for dealing with the introduction of amendments into review and how we might move in that direction. I debate — when the minister or members may circulate accept that the opposition introduced that Thursday their proposed amendments and speak in general terms morning discussion as a further act of scrutiny of on them — during the committee of the whole is executive government. It was a good move and a move included, because that provides the capacity within the in the right direction. I applaud the opposition for doing committee of the whole to foreshadow all the proposed it, whatever its motivation was, but I pose the question: amendments and the thrust of the debate to come why, during all the years it had the opportunity to do it without precluding detailed consideration of the matters while in government did it not? in the clauses of the bill. The proposed amendments to standing orders have sat According to my classification the fourth category on the notice paper since the end of 2002. I know there contains further significant changes. The daily has been consultation and collaboration with the adjournment was mentioned by Mr Hall. In my view opposition over these changes, and I am pleased to see time caps have worked; they have given more certainty that there have been a number of changes from the to the end of the day in terms of Council sittings. The amendments that were first put on the notice paper to changes introduced in revised sessional order 10 what we are dealing with today. Many of those changes provide for a commonsense approach in terms of the mean we are dealing with much improved amendments completion of a speech in process and a tidier end of today, but I want to remind the opposition, given the day. We already had that in regard to how to handle Mr Davis’s statements about how this house has always a division, but this further clarifies how we might worked on the premise of cooperation, that there was handle speeches that are drawing to a close at the time one period in the early part of the 54th Parliament — the daily adjournment is upon us. and you, President, may remember this — when the opposition, then having the numbers in this house even A further important change is the reversion back to though it was not the government, introduced some 60 minutes for consideration of statements and reports sessional orders without any consultation with members on a Thursday morning. I am pleased that we have on this side of the house. Words are cheap; actions and expanded this period to once again provide for a full history and the way in which parties conduct hour to consider important documents, which are tabled themselves are what we need to look at. on a very regular basis. Various bodies, government agencies and authorities report to Parliament, so it is I am aware that there are still some concerns on the important for us to have the opportunity to debate and other side about time limits, but I feel that time limits comment on these important matters. I note the have served the house extremely well in the last year comments made by the Leader of the Government on and have contributed to those who have spoken being the enhanced scope for debate in this hour and concur much more focused and much more succinct in that it is now possible for individual MPs and the three delivery of much of the material through this house. It parties to decide how they wish to prioritise topics for has therefore been an efficient measure that has been discussion on Thursday morning. That is not a great introduced through sessional orders. I was one of those difference, as members have pointed out, but it who were in the house when we did not have time provides for greater flexibility and, in that 60 minutes, limits as well as during the period since we introduced some important discussion. them.

I remind the house that it was the opposition that There will be disagreements between the opposition introduced this change to the sessional orders in the and the government on the opportunity during the 54th Parliament. It has been a very positive move, and I business week to debate the failure of a minister to am sure the opposition has looked in a pleased manner answer a question on notice within the prescribed at the lower house, which I understand has introduced 30 days. The government’s view is to not give such a the same provision in its rules of the house to provide motion priority over government business and to see that opportunity for discussion of statements and the opposition take up any such motion within its reports. I then ask the question: why did the opposition 3 hours on a Wednesday morning and 1 hour when not introduce that sessional order when it was in there is an opportunity on a Thursday morning to take government? Again I go back to the fact that sessional up such issues. orders often reflect a political climate. At the time the Labor government came to power in 1999 there was Overall I think there are some important changes and increased talk about what the future of this house would the formalisation of a lot of the practices that have become acceptable to all sides of the house, as well as BUSINESS OF THE HOUSE

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some good measures to provide further clarification and with the opportunity to refrain from answering for the smoother running of the house, so I support the questions as they see fit. motion and am very pleased to do so. The fact is that the current sessional orders and the Hon. D. McL. DAVIS (East Yarra) — I want to standing orders, when they interplay with these make a contribution to this debate on sessional orders. changes, will lead to a very unsatisfactory outcome. In doing so I indicate that I oppose the amendments to Standing order 6.08 covers the procedure where sessional orders. There are in this list some answers to questions on notice are not provided and amendments which are constructive and worth while standing order 5.23 deals with business to take and which the opposition accepts. However, there are precedence. I note that the business to take precedence other amendments that we think offend extremely basic under standing order 5.23 includes a motion for a vote principles and are aimed — — of thanks of the Council, a motion for leave of absence to a member, a motion relating to the qualification of a Hon. Philip Davis interjected. member, a motion to approve, allow, disallow, revoke or otherwise void — I will not continue with the full Hon. D. McL. DAVIS — No, we are not. We are length of that description — a statutory rule or other going to oppose this absolutely. But there are within instrument by which an act is expressed and these amendments items that have resulted from discussion. That is the point. (e) an order of the day for the consideration of a report of the Standing Orders Committee or, arising from any Hon. Philip Davis — Yes, very true. such report, a motion to vary or adopt standing orders of the Council; and — Hon. D. McL. DAVIS — But equally there are other items that the opposition, and certainly I, find and this is the critical one — obnoxious and repugnant. (f) a motion pursuant to standing order 6.08.

Mr Viney — You are going to get with the The removal of paragraph (f) from the business to take corporate game! precedence will mean that standing order 6.08 will not be able to be effectively implemented. Hon. D. McL. DAVIS — No, I make the point very clearly that I oppose — — Let us not mince around with this, let us be very clear: this changed set of sessional orders, whatever the Mr Viney interjected. dress-ups and other small amendments and changes, is Hon. D. McL. DAVIS — No, I know exactly what I directed solely at this. This is the sole change that the want to say. I want to make it clear that I have the government has needed and has sought to impose on strongest opposition to these changes to sessional the opposition. I believe this change will greatly orders which were introduced by the government and disempower members in the chamber and prevent them were passed and which we will pass — — from being able to properly scrutinise the government, because the government will return to a time pre-1990 Mr Viney — You are supposed to be saying that when amendments were made to two standing orders to you think it is bad, not good! enable such a motion to bring a minister to account for not answering questions, and at that time there was very Hon. D. McL. DAVIS — I think the amendments to good reason to change. the sessional orders are deeply offensive. I am just about to move to what I think about the changes to We know from reading Hansard back at that period government business. The amendment states: that the issue was sent to the Standing Orders Committee through the Honourable Mark Birrell, the In sessional order 3, omit ‘5.23(a), (b), (c), (e) and (f)’ and Leader of the Opposition in this place at the time.. The insert ‘5.23 (a), (b), (c) and (e)’. committee met in bipartisan style and came back with I make the point that that sounds like a very small recommendations to put in place changes to the change, but it is a deeply offensive change. It will standing orders. Those changed standing orders, the change the nature of this chamber forever. It will deeply equivalent of our present 6.08, enable a minister to be reduce the ability of this chamber to scrutinise the brought to account and enable precedence to be given activity of the government. This is a jackbooted to a motion to bring a minister to account. It is clear approach that will enable ministers to evade scrutiny. It from the behaviour of the house earlier and the is an approach that is designed to provide ministers behaviour of other chambers, including the Assembly BUSINESS OF THE HOUSE

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here, that ministers do not answer questions. I make the notice for enormous lengths of time, sometimes point that that could probably be said of both sides of three years. That length of time is unjustified, and I the chamber. In terms of the answering of questions, strongly predict that we will return to that pattern. By this mechanism has ensured that ministers on both introducing these changes today the government is political sides have answered questions in this chamber seeking to avoid scrutiny; it is doing it so that it will not going back to the Cain and Kirner governments and be held accountable. It is doing it so that it can evade through the whole period of the Kennett government the precedents that the clauses in our sessional and and into the period of this government. But this historic standing orders give — — change that we are to see today will in effect deprive the members in this house of the ability to use that Ms Romanes interjected. precedence clause to compel a minister to answer questions, and I think that in the future today will be Hon. D. McL. DAVIS — No, the point is that there looked upon as the day on which the power of this will be no opportunity to hold the minister to account chamber to hold governments accountable, to scrutinise and to interrupt the government business program, governments, was massively damaged, and that is a which is the current mechanism that can operate. The very sad reflection. current mechanism is that the government business program can be interrupted. That is a significant I went back and read the debate that was held in this embarrassment to ministers, and that will not occur chamber on 13 March 1990 on the motion of the after these changes — that is the reality of it. Honourable Mark Birrell seeking to make those changes. He made some very worthwhile points. It is interesting to reflect on the situation in other states. For example, Western Australia has recently introduced The concept of questions on notice is clear: a member of changes to give more power, and provides that: Parliament making searching and specific inquiries should be able to put on notice a question that then leads to the minister If a question on the notice paper remains unanswered after providing a great deal of information. It is a rich part of the nine sitting days, the minister or member to whom the Westminster tradition but has been dying a long death in the question is directed is to state at the conclusion of the period Victorian Parliament. of oral questions on the next sitting day whether an answer will be provided and when that will occur. He made that point in 1990. It had been dying a slow death. The introduction of the clauses in 1990 Western Australia is moving to tighten these resurrected that power in this place and enabled requirements on ministers. That was inserted on questions to be followed. At the time the Honourable 23 May 2001. Mark Birrell made the point: In South Australia a compact, which was signed with I am delighted that the report enjoyed all-party support for the Independent Peter Lewis, sought that questions be proposition that the standard has to be tightened up. It is answered within 10 sitting days. That is the direction of notable that this very day we have examples of how ministers movement in South Australia. In Queensland sessional are evading their duty to provide information in answer to questions. orders provide that an answer to a question on notice: He went further and said: … is to be answered and supplied to the table office within 30 calendar days. I stress the point: the duty of answering questions on notice is not a duty that simply burdens a Labor government. I am In the Australian Capital Territory there is a mechanism more than happy to see it burden a future Liberal government. that: It leads to good government if there is pressure on bureaucrats and on office-bearers to tell the truth and provide detailed If a minister does not answer a question on notice … asked by answers to these questions. a member, within 30 days of asking of that question, and does not, within that period, provide to the member who asked the The Standing Orders Committee that recommended question an explanation satisfactory to that member of why an these changes found that the average time to provide answer has not yet been provided, then: answers to questions on notice in the Legislative (a) at the conclusion of questions without notice on any day Council is approximately 150 days. That is an after that period, that member may ask the relevant enormous period — 5 months or so. minister for such an explanation...

Ms Romanes interjected. The direction of movement is towards tightening the provisions and requirements of members. In the Hon. D. McL. DAVIS — That was the average Legislative Assembly of New South Wales the standing time. The debate referred to questions that had been on orders state that: BUSINESS OF THE HOUSE

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Ministers shall lodge answers to questions on notice within forefront of that, and I know that my colleagues on this 35 calendar days … side of the house will be also. If an answer to a question on notice is not received within 35 calendar days the Speaker, at the next sitting day after the Ms Romanes interjected. expiry date, shall forthwith inform the house and the ministers shall immediately explain to the house the reason for Hon. D. McL. DAVIS — I hope I will be here, and non-compliance. that you may be here. We may represent the same seat. This is a serious matter — one that will be looked at in The fact is that these amendments will not only weaken the future as a very important day where the power of the position of members of the opposition and this house and the ability of members to scrutinise the government backbenchers but also this Parliament. government has been wound back massively. This Victorians will not have the scrutiny they deserve. I government, given the financial disasters that it is confidently predict that the government will return to a slowly looming towards, is moving to put in place a position pre-1990 and behave as the Cain and Kirner system where it can avoid proper scrutiny. governments did with callous disregard and scant focus on its obligations to the people of Victoria to answer Mr VINEY (Chelsea) — I have decided to join this relevant and pertinent questions about the conduct of debate today, because I want to respond to some of the the government. nonsense coming from the other side. It is extraordinary sometimes to sit in this chamber and listen to the Mr Lenders interjected. propositions put by opposition members that somehow Hon. D. McL. DAVIS — They what? they stand for accountability in government and somehow they stand for the value of the proper Mr Lenders — They actually called Parliament processes of debate in a parliamentary chamber when together periodically in the Cain and Kirner we well know, and the community well knows, that it governments. was that side of politics, the other side of the chamber when it was in government, that almost closed Hon. D. McL. DAVIS — I take up the interjection; Parliament down. In 1999 the Parliament met for about it is 31 March today, the first sitting week. 18 days, and the average in its time was about 30-odd days a year. Where was the opportunity for the then Hon. Bill Forwood — Since 4 December last year, opposition when Parliament was not sitting to draw the and we are getting up for a fortnight! government to account? What did members do when in government in terms of the procedures of the house? Hon. D. McL. DAVIS — And I notice today that Were there 90-second statements for opposition there are scores of questions on notice that have not members to raise matters? No. Were there take-note been answered. It is hard to see why a minister could motions for reports? No. They were introduced when not have answered those questions over that lengthy this government came into power. When the opposition period. This failure to answer questions today presages was in government and had a majority in this house it what will occur under these new orders. It is clear that tried to look for all sorts of opportunities to get up the government in its jackboot style is determined to stumps. That is the reality of what it was doing in its ride roughshod over the rights — — time in this chamber. It is all very well to go on about Mr Viney interjected. how this chamber worked by consensus. It is easy for the opposition to make that argument when for Hon. D. McL. DAVIS — What is occurring today 150 years the conservative forces had a majority in this is an absolute outrage. The opposition is deeply chamber. concerned about the future of this chamber and its ability to scrutinise. This is an attempt to weaken the Yes, it is very easy for opposition members to protest. It chamber ahead of the constitutional changes that will is very easy to protest that everything worked on occur in 2006 at the election when the new method of consensus when they were in control whereas the election comes into operation. I confidently predict that former members who were in this chamber when they at that time if the chamber is not controlled by any were in control tell me it was nothing like that at all. party, the parties at that time will work together to Time and again this chamber was misused to score introduce a system that brings back proper political points, and when the opposition was in accountability for ministers and brings back a proper government and had control in this house, we know it system of forcing them to answer relevant questions on attempted to close this place down. It tried to close government administration. I will certainly be at the down criticism. Those opposition members who are screaming and carrying on now about some minor BUSINESS OF THE HOUSE

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changes in the sessional orders were a bunch of jelly note of reports and papers’. Of course, there is always backs during the Kennett period. They did not stand up the usual opportunity for members of this house to raise to those things he did to the Victorian community. They almost any matter through either a 90-second statement tried not only to not stand up to what Kennett was or the adjournment debate. They are long traditions. In doing but they tried to make sure the opposition at that fact, the 90-second statement was only introduced into time had the minimum number of opportunities to call this chamber by Mr Forwood when the opposition had the government to account. a majority here although we were in government. It did that because it saw the process as an opportunity for the If we look at some of the things that will be put in place opposition to raise matters for the government. by these sessional orders, we can see a number of very positive moves and changes. As a member of this house I understand that those changes, along with a number of I have often participated in the Thursday others, were introduced into this chamber without any take-note-of-reports debate. It would be fair to say that consultation with the government at all. They were members would have to agree that as a member I have raised in opposition business on a Wednesday and a strong interest in that part of the business program of came into effect, as I understand it, the next day. the house. In fact two or three of the items that are Opposition members can go on about consultation, listed on the notice paper under the motions to take note consensus and cooperation, but that consultation, of reports and papers will never get up. They have been consensus and cooperation only happened among on the notice paper so long under the existing system themselves when they had a majority. that they are out of date. We are talking about 2001 and 2002 reports that I asked to be taken note of, and they Hon. Bill Forwood — You were not here! are still sitting on the notice paper. Under the current sessional orders there will be no opportunity for those Mr VINEY — I have talked to enough people to matters to be debated. know the story and to know all about it. I was a member of this Parliament and knew quite well what Hon. P. R. Hall — But you can move to take them was going on in this chamber between 1999 and 2002. I off the notice paper. am well able to speak on this because I know the way this chamber was used for political purposes instead of Mr VINEY — I can move to take them off and I moving forward on proper debate. can move to put other matters on the notice paper under the ‘Motions to take note of reports and papers’. But This chamber has an unfortunate history of not being unless they meet the strict criteria at the moment of used as a house of review or of not being used in a being either a report from the Auditor-General or a manner to hold the government to account when the report from a parliamentary committee, there is conservative forces were in government. We know very absolutely no chance of those reports being debated. well that the opposition, when in government, had no What has happened with these sessional orders is an interest in those processes. Not only did opposition extremely positive development where we now have members have no interest in holding Premier Jeff 1 hour for the motions to take note of reports and Kennett to account in their own party room but they did papers, and members will get the opportunity, if they not do it here either — and they tried to close the are on the speaking list, to raise matters related to a Parliament down. report that is of particular interest to them and they think should be drawn to the attention of the house. The changes are important because they document what Members should be able to raise a matter that is of the business practice of this house is about. That is particular interest or concern to them. It is an extremely fundamentally good and proper. It is important for any positive development. business to have its business practice and rules of operation clearly documented. It is a spurious argument Another point about this debate today is that the for members on the other side to say, ‘We do not need opposition has been complaining about the ability to to write these things down; we can work it all out’. hold ministers to account on questions on notice. I Fundamentally, the way any business works is it agree. All ministers in this chamber, and certainly the documents its processes. That is good business quality ministers in the other chamber, believe strongly in the management practice, and that is the sort of thing that principle of questions on notice and their importance. needs to occur in this chamber as well. How this Under the changes to the sessional orders members of chamber works and the processes that it works by need this house will have two clear opportunities to raise to be documented. matters in relation to questions on notice through either government business or the Thursday ‘Motions to take BUSINESS OF THE HOUSE

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It is also within the control of the house, by leave, to hold the government to account in a quarter-of-an-hour reach other agreements for the benefit and cooperation speech on the budget? of either the government business program or to enable the opposition to raise matters that it might wish to raise In the past we did not have time limits, but we always in this chamber. Those processes are still open to this accommodated the capacity of people to say what they chamber so that at any time it can, by leave, alter the wanted to say about those issues and also moved the business of the house and do things in a slightly government business program through. I leave that as different way than what might be in the sessional an example. If you want to make this place work, you orders. Therefore I am more than happy to support and have to give individuals — not parties — the capacity commend the proposed amendments to the sessional to do the work they need to do to represent their orders now before the house. electorates and to hold the government to account.

Hon. BILL FORWOOD (Templestowe) — I Let me go to the issue also raised by our colleagues welcome the opportunity to speak on the changes to the from the Vic Nats or whatever they are calling sessional orders that have been moved in the chamber themselves today — that is, the issue of the number of today. Let me make a couple of observations first. The people being limited on the adjournment debate. It is chamber has a number of purposes: one is to facilitate unfortunate to the nth degree that we are specifically the government business program. The government has told that each member will have one opportunity of legislation it rightly wants to get through. That is a raising issues from their own electorate during the legitimate purpose and one of which we always need to adjournment. Ms Romanes is a person, as Mrs Hogg be cognisant. was in her time, who uses the adjournment in the interests of her constituents. That capacity has now It has other purposes as well. It has the purpose of gone; we have been limited by that. holding the executive to account. It also has the equally important role of enabling members to represent their I turn to the issue of questions on notice and the communities. So in any set of sessional orders or mechanisms for answering them. I have in front of me standing orders, we need a balance between the three. question 1176 that I asked the Minister for Finance on There are other ways of looking at it, but the 29 October last year: government business program, holding the executive to To ask the Minister for Finance (for the Minister for account, and the capacity to represent our electorates WorkCover): In relation to environmental tobacco smoke in seem to me to be the ones we need to concentrate on for the workplace in 2002–03: the purposes of this argument. (a) How many improvement notices were issued. I put it to the Leader of the Government that he has not (b) How many prohibition notices were issued. got the balance right. I put it to the Leader of the Government that these changes coming on top of the (c) How many directions were issued. changes made previously in fact distort it to the detriment of the Parliament and to the detriment of the I would think that this is a fundamental issue of capacity of individual members to represent their importance. I regard it as important. The minister will electorates, and particularly the capacity to hold the know now, of course, that tomorrow I will be writing executive to account. I can understand that the him a letter in which I ask that the question be executive does not wish to be held to account. It is not a answered when we return to this place on 20 April. I particularly pleasant feeling when people hold you to make the point that all of November, December, account for your actions. But I do not think it is good January, February, March and the first three weeks of for democracy or for the Westminster system if you April will fall inside the 30-day rule. spend your time under sessional orders limiting the capacity of people to hold the government to account or My leader made the point that only once in the history to represent their electorates. of this place have we moved to use the President’s order, but there are occasions when that should be Let me pick up one example. During these sittings we required. will debate the budget. That is a massive enterprise, but under the sessional orders brought in by the Hon. D. McL. Davis — It’s the existing strength. government most members in this place will get a Hon. BILL FORWOOD — It is the existing quarter of an hour — that is all! Does anyone seriously strength, as Mr Davis says. The requirement to get believe that they can represent their constituency and ministers to focus on these issues, which I admit are not BUSINESS OF THE HOUSE

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uppermost in their minds, is an important part of the accountability function, and Parliament should look and accountability process. It is also an important part of the debate what the audit office says. information-gathering process. I happen to think that the issue of environmental tobacco smoke, particularly Mr Viney — You can still do that. in relation to the actions of WorkCover — I being the shadow Minister for WorkCover — are important. I Hon. BILL FORWOOD — Mr Viney says that we have followed sensible and due process. It is a sensible can still do that. What we have had in the past, and I question asked, and yet I face the prospect of being told know that Mr Viney will accept this, is a debate that my sanction in relation to this is to have 5 minutes between two people. Now the proposal is that anyone on a Thursday or to bring it up on a Wednesday. I can get up and say what they like. There is no attempt believe that this is a retrograde step and one that we will to focus on a debate. There is no attempt for the live to regret. Parliament to scrutinise a document, two documents or three documents, and I make the point again that it was Ministers may not be comfortable in having to do some this government which reduced the amount of time on of this work, but that does not mean that they should Thursdays. As was pointed out by Mr Hall, we used to not do it in the interests of the Parliament, in the do more than one report; we could do that by interests of our constituents and in the interests of good negotiation. government. I put it to Minister Lenders that his will be a better government if it takes these issues seriously. If I put it to Mr Viney that if he had wished, he only had it looks at and treats questions on notice seriously, I to come to us, say that he regarded his report on taking believe that we will all get benefit out of operating that note — I think it was on the report of the community particular system better. visitor under the Mental Health Act — to be important, and say, ‘Can we have an opportunity to do this? I One of the things that upsets me most about the would like 10 minutes’. But he never came to us and contributions that we heard today, particularly from asked, did he? The way the place used to work was that Mr Viney, is an attempt to say that the system in the we would have got around it; we would have said, ‘We house now — we have moved to codification — works want to do this one’ and the opposition would have better than it did in the past. I, along with Mr Bishop, said, ‘We want to do this one’. We would have ended Mr Davis and Mr Stoney, was in this place in 1992 up with an agreement on how it was done. Now we when members of the then opposition were given have moved down the codification route and the absolute opportunity to say what they wanted to say government proposes to reduce the time available. The about issues — and they did. government limited its own opportunities, but now what it is doing — — Hon. E. G. Stoney — We sat all night. Mr Viney — We still do it; we could do that now. Hon. BILL FORWOOD — We sat here, we You can speak on an audit report, and I can respond. listened to them say it and we argued with them, but That is a perfectly good system. they were entitled to have their say. What we now have is the Leader of the Government curtailing the amount Hon. BILL FORWOOD — I look forward to of time for moving motions out of fear of filibustering. watching this system happen, and I look forward to it What is going on? Why is the government, out of fear, operating in practice, as I am sure the President does as taking away people’s rights? There has been no well. I for one want to make sure this is not a subterfuge demonstrated misuse of the moving of motions. It is a to get notices 1, 2, 3, 4, 5 and 6, which were moved by nonsense to say that this place operates better when you me and the Leader of The Nationals and which all take start to codify these things. note of audit reports, off the notice paper.

I move to the issue of Thursdays and the house taking Mr Viney — That can still be done; you can do that note of reports. Mr Viney complains that he has not had now. an opportunity to get his up. In this place we deliberately chose to have audit reports first because of Hon. BILL FORWOOD — I look forward to the the importance of the role of the Auditor-General. As opportunity for that to happen. My understanding is that Mr Viney well knows, we have had occasions where we will all be limited to our 5 minutes, once each. So there has been debate across the chamber in relation to while five of these notices of motion have been moved audit reports. That is healthy; it is what we should have. by me, I take it that that means that my capacity to The audit office is an important part of the speak on these debates is going to be personally limited. That would be right, would it not, Mr Hall? The BUSINESS OF THE HOUSE

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sessional order says that only one person can speak on supporter of the tradition and character of this place these, does it not? which is to protect the capacity of any members to be able to put their points of view at any time. Mr Lenders — No, multiple. I will pick up some comments, one of which was made Hon. BILL FORWOOD — As long as I only by Mr Viney, who has unfortunately left the chamber. move one? Can I move one, but speak on them all? Mr Viney is quite entitled to say what he likes in this place, and he is quite entitled to have a point of view. Mr Viney — If you are on the speaking list you can However, I challenge his capacity to be able to speak on any report. benchmark what happened in this house before the Hon. BILL FORWOOD — I stand corrected, and I sessional orders were brought into place and what look forward to vigorous participation on a Thursday in happens now. He was not here. I know he can be a response to the issues that Mr Viney will be raising. student of this house if he wishes, but even I know that I could not judge what the operations are in the Let me finish by saying that there is no doubt that this Assembly of this Parliament anywhere near as well as I place is worse off for the use of the guillotine and the could judge the operations of this particular house. gag. There is no doubt that this place is worse off because of the limits on the capacities of members, I will also remark on the comments made by through 90-second statements and particularly during Ms Romanes in relation to the review we did on the adjournment debate, to raise issues of importance to standing orders and put that in its right perspective. them in their local areas. There is no doubt that this Ms Romanes was a valuable part of that excellent team. place is worse off because of the decision to remove the It took a long time to work through what was quite a capacity for precedents to be given on the issue of complicated set of standing orders, and it was done answering questions on notice. There is absolutely no most amicably. I congratulate the previous President of doubt this place is diminished because of the this house, the Honourable Bruce Chamberlain. If we requirement that motions on Wednesdays, under struck a snag he would move on, but we would come general business, be brought to a conclusion. What back to it and inevitably solve the problem. The skills happens if the debate has not finished? What happens if of the clerks certainly assisted us as members of that other people wish to contribute to the debate? I put it to review committee to come up with a set of standing you, President, that although government members orders that was agreed to by all parties and passed in gave no reason for doing this, the only reason I can this place with only good, strong, supportive debate. think of is that government members do not like to have I turn to the difference in the way that the first sessional a motion sitting on the notice paper condemning one of orders were brought into this place, which is the way their ministers. As I have said in this place a million that I suspect these sessional orders will be imposed as times before, if you do not like it, bring it on, debate it well. I agree with other people that certain guidelines and vote it down yourselves. need to operate in this house. The secret is to always get I have been in this place and managed government that right — with the right amounts of flexibility and business, as has Mr Theophanous. The government has order. control of the notice paper; it can bring on things when Like other members when the original sessional orders it wishes. It absolutely has the capacity to do that. were first introduced into this place, I argued against Anyway, I think this amendment is awful. It is another them vehemently, and I will do so again. They are far case where this government, in its fear of something too restrictive and prescriptive for the character of this that one day may happen, mucks around with the rules place, which I maintain was able to work very well as a to the detriment of the smooth operation of the house of review without that prescription. chamber. But more particularly it shows the I will make some comments on one particular issue in government’s paranoia about scrutiny. The government relation to these proposed changes to the sessional does not want an opposition that is equipped through orders. Amendment 17(b) concerning ministerial the rules of the house to scrutinise the activities of the statements is just another example of a backflip by this government. government in relation to openness and transparency. Hon. B. W. BISHOP (North Western) — I must We are all a bit cynical about ministerial statements, say that I was not going to speak on this particular and we wonder why they come into this place. issue, even though I have always taken a great interest However, it is absolutely ridiculous for we on the other in the workings of this house, and I am a strong side of the house to have only a couple of hours to PUBLIC PROSECUTIONS (AMENDMENT) BILL

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gather ourselves to take note of those ministerial PUBLIC PROSECUTIONS (AMENDMENT) statements. It is sudden death; there is little or no time BILL to do any research. As my leader, the Honourable Peter Hall, said today, ministerial teams probably have had Second reading weeks, perhaps months, to work on a ministerial statement, and it is fair enough that they do a good job. Hon. J. M. MADDEN (Minister for Sport and That is what we would expect in this house. But the Recreation) — I move: same set of rules ought to apply for those of us who feel That the bill be now read a second time. the need to respond. The Nationals think that to restrict that to only 2 hours is a restriction on the rights of this Second-reading speech as follows incorporated on side of the house. If the government is fair dinkum motion of Hon. J. M. MADDEN (Minister for Sport about openness and transparency it would allow a and Recreation): reasonable time. From our point of view that certainly would be 24 hours. The bill amends the Public Prosecutions Act 1994 to confer an immunity from personal liability on the Director of Public Prosecutions and other persons as specified when acting in I will conclude my brief remarks by saying that I good faith and carrying out prosecutorial duties on behalf of believe we are taking a far too restrictive approach to the Office of Public Prosecutions. the operation of this house that will not make it a better house of review. The bill provides a statutory immunity for those persons as specified when performing their duties in relation to the Public Prosecutions Act in good faith, with liability reverting House divided on motion. to the state. The persons as specified in the bill are:

Ayes, 23 the Director of Public Prosecutions; Argondizzo, Ms Mikakos, Ms Broad, Ms Mitchell, Mr the Chief Crown Prosecutor; Carbines, Ms (Teller) Nguyen, Mr Darveniza, Ms Pullen, Mr Crown prosecutors; Eren, Mr Romanes, Ms associate Crown prosecutors; Hadden, Ms Scheffer, Mr Hilton, Mr Smith, Mr the Solicitor for Public Prosecutions; Hirsh, Ms Somyurek, Mr Jennings, Mr Theophanous, Mr members of staff of the Office of Public Prosecutions Lenders, Mr Thomson, Ms acting on behalf of the Director of Public Prosecutions; McQuilten, Mr Viney, Mr (Teller) and Madden, Mr members of the Committee for Public Prosecutions Noes, 18 appointed by the Governor in Council. Baxter, Mr Forwood, Mr The bill also provides for the immunity to extend to the Bishop, Mr Hall, Mr (Teller) persons as specified whether currently or formerly employed Bowden, Mr Koch, Mr in those positions by the Office of Public Prosecutions. It is Brideson, Mr Lovell, Ms necessary to include both former and current persons as Coote, Mrs Olexander, Mr specified to ensure that the resources of the Office of Public Dalla-Riva, Mr Rich-Phillips, Mr Prosecutions are not diverted unnecessarily in the defence of Davis, Mr D. McL. Stoney, Mr expensive and protracted civil litigation from the proper Davis, Mr P. R. Strong, Mr (Teller) function of the Office of Public Prosecutions in the conduct of Drum, Mr Vogels, Mr criminal prosecutions. It also ensures that the Office of Public Prosecutions will continue to attract highly skilled persons to Pair the various prosecutorial roles without the restrictions Ms Buckingham Mr Atkinson imposed by the threat of unqualified civil liability in the future. Motion agreed to. As proposed in the bill, the statutory immunity will apply to any causes of action whether arising before or after the The PRESIDENT — Order! As a result of changes commencement of the act, except for the rights of the parties to the sessional orders, the category of motions to take in any proceedings that may be already on foot. note of reports and papers on Thursdays is now redundant. I have therefore directed that the 103 notices It should be noted, however, that even with a personal immunity for those specified persons, litigation may still appearing on the notice paper under that category be proceed against the state where there is a case to answer but removed. If members wish to have those notices where those persons have acted in good faith in carrying out standing in their name relisted under general business their duties on behalf of the Office of Public Prosecutions. they should inform the clerks in writing. GAS INDUSTRY (RESIDUAL PROVISIONS) (AMENDMENT) BILL

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The rights of members of the community to seek redress have public interest that persons employed by the Office of Public therefore been retained. Prosecutions are able to perform their work on behalf of the public without restrictions imposed by unqualified civil The primary function of the Office of Public Prosecutions to liability. The Office of Public Prosecutions acts for the public conduct indictable criminal prosecutions on behalf of the as a whole in the public interest, and it has a role independent Crown is central to a just society, to the protection of the of the interest of the government of the day. The prosecutorial community and for the protection of the welfare of victims work of the criminal justice system is intrinsic to the and other witnesses. Furthermore, the Public Prosecutions Act maintenance of public safety together with the maintenance requires that the performance of prosecutorial functions be of a belief in the system of justice by the general carried out ‘effectively, economically and efficiently’. Such community — essential to retaining the cohesion of society. functions are adversely affected if it becomes necessary to expend any of the limited financial and other resources This bill provides a clear signal, both to persons who are available to the Office of Public Prosecutions in defending covered by the immunity provision and to any potential civil suits. litigant, that the government is prepared to stand behind the Director of Public Prosecutions and those who act on his or There is a real risk these days of persons carrying out criminal her behalf. It should also prevent unfounded and vexatious prosecutions being sued by disaffected persons involved in actions by litigants and thereby minimise the cost to the the criminal justice system, with a high degree of exposure to criminal justice system of civil proceedings. The bill will civil actions where damages can be very high. This may lead ensure that those entrusted with these important prosecutorial to a defensive approach by prosecutors and introduce a risk functions and powers act and provide advice without fear for that prosecutors would act so as to protect themselves from their own personal liability. claims of negligence, and thereby affect the efficiency and quality of the criminal justice system. I commend the bill to the house. Crown prosecutors, along with witnesses, judges and Debate adjourned on motion of advocates, do have an absolute immunity from civil Hon. C. A. STRONG (Higinbotham) proceedings for anything done or said by them in preparation for, or in the course of, judicial proceedings. While common-law immunities are available to prosecutors, the Debate adjourned until next day. common law itself is often subject to challenges and changes. Moreover, this ‘in-court’ immunity may not extend to advice work, decisions to prosecute and nolle prosequi decisions. By GAS INDUSTRY (RESIDUAL PROVISIONS) way of contrast, it is currently the situation that while an (AMENDMENT) BILL accused cannot sue his or her own counsel, a prosecutor is not immune from civil litigation instituted by an accused. Second reading The bill therefore provides persons carrying out prosecutorial duties on behalf of the Director of Public Prosecutions with Hon. T. C. THEOPHANOUS (Minister for Energy an immunity from negligence and other non-intentional torts Industries) — I move: for all things done and said, whether in or out of court. In providing a statutory immunity, the bill seeks to prevent That the bill be now read a second time. unfounded and vexatious actions by litigants and thereby ensures that the scarce resources (both funding and staffing) Second-reading speech as follows incorporated on provided to the Office of Public Prosecutions for the conduct motion of Hon. T. C. THEOPHANOUS (Minister of criminal prosecutions will not be diverted in the defence of civil proceedings. for Energy Industries):

In providing a statutory immunity for the Director of Public The purpose of this bill is to amend the Gas Industry Prosecutions and those persons acting on behalf of the (Residual Provisions) Act 1994 (act) to remove from Gascor director, the bill further reinforces the independence of this certain statutory powers and obligations. office. The Director of Public Prosecutions is now appointed under the Constitution Act 1975, paid the same as a judge of Gascor was established under the act in 1994 but was the Supreme Court, and can only be removed from office by converted into a company registered under the Corporations Parliament in accordance with procedures set out in the Act pursuant to the State Owned Enterprises Act 1992 in Constitution Act. The Bracks government in its first term in December 1998. office implemented these changes to enhance the Gascor acts as a gas wholesaler. Its core activity is to independence of prosecutorial decision making in Victoria purchase gas from Esso-BHP Billiton and provide it to from government or political interference. As an entrenched Victoria’s private sector gas retailers Origin Energy (Vic) Pty office-holder under the Constitution Act, the Director of Ltd, AGL Victoria Pty Ltd and TXU Australia Pty Ltd (gas Public Prosecutions should not be, or be seen to be, subject to retailers). the discretion of the executive in relation to seeking an indemnity for performing his or her duties in good faith. When the Bracks government was elected in 1999 the gas Unlike other Crown servants and agents, the Director of industry (apart from Gascor) had passed to private ownership. Public Prosecutions does not act on the directions of the Pre-existing contractual arrangements established as part of executive. the reform process provided the state with options to require each of the gas retailers to purchase one-third of the shares in The immunity exists not for the benefit of the individual as Gascor. specified but for the benefit of the general public. It is in the GAS INDUSTRY (RESIDUAL PROVISIONS) (AMENDMENT) BILL

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In December 2002 the state exercised these options, having obligation to report to the Treasurer and the obligation to pay determined that transfer of Gascor to the gas retailers was in dividends to the state. the public interest. The transfer was completed in September 2003. Section 7 of the bill amends provisions in part 7 of the act regarding certification functions undertaken by Gascor. The transfer of Gascor to the gas retailers is wholly consistent Section 71 of the act enables the chief executive officer of with this government’s objective of ensuring that Victorians Gascor (or its subsidiary) to certify that specified assets or enjoy the benefits of a competitive and efficient gas industry. liabilities of Gascor (or the subsidiary) have been transferred Furthermore the transfer has been achieved without to another entity. A certificate so issued is conclusive diminution of the independent regulation of the gas industry. evidence of the transfer to which it relates. Certificates of this Seminal to this regulatory regime is the Essential Services kind are most often required to evidence the ownership of Commission (ESC), the establishment of which was an interests in real property, particularly property easements important initiative of this government. In particular the ESC transferred to privatised gas distributors during the gas has ongoing powers to oversee gas pricing arrangements. The reforms. Under section 79 of the act, the registrar of titles mechanisms by which gas prices are set are unchanged as a must recognise a certificate under section 71 for the purpose result of the transfer of Gascor to the gas retailers. of registering an interest in land.

Gascor has certain powers and obligations under the act. Under section 7 of the bill this certification function is These are unrelated to Gascor’s activities as a gas wholesaler transferred to the administrator of the SECV (or such other and are of a procedural nature. The retention of these powers person as the Treasurer may appoint). In addition, the and obligations is inappropriate following cessation of state evidentiary value of any certificate issued by Gascor (or a ownership of Gascor. There are two main reasons for this. subsidiary) prior to commencement of the bill is preserved.

Firstly, the act provides for Gascor to undertake certain Section 8 of the bill repeals subsections 87E(1) and (2) of the miscellaneous statutory functions such as the certification of act, which provide for Gascor to give directions to the trustees property transfers made by Gascor and the authorisation of of the Gas and Fuel Superannuation Fund. proceedings for offences under the act. As a matter of policy it is not appropriate for these functions to be undertaken by Section 9 of the bill amends subsection 88A(1) of the act by private sector entities. removing from that provision a reference to section 23 of the act. This amendment is consequential to the repeal of The purpose of this bill is to remove these powers and section 23 under section 6 of the bill. obligations from Gascor. Where necessary some powers will be transferred to the administrator of the State Electricity Section 10 of the bill repeals section 95 of the act. Section 95 Commission of Victoria (SECV), a state-owned entity. provides for a method of service of documents on Gascor.

Secondly, the act contains provisions relating to the functions Section 11 of the bill amends section 96 of the act, which is and powers of Gascor. As Gascor is now a privately owned an evidentiary provision regarding documents issued by entity these provisions are superfluous and therefore should Gascor. The effect of the amendment is to disapply this be repealed. Most of the sections identified for repeal in provision in relation to documents issued by Gascor on or divisions 2, 3 and 4 of part 2 of the act fall into this category. after commencement of the bill.

I will now provide an outline of the bill. Section 12 of the bill amends section 96A of the act, which provides for persons to be authorised by Gascor, the Office of Sections 1 and 2 of the bill contain preliminary information. Gas Safety or Vencorp to bring proceedings for offences Section 1 includes a statement of the purpose of the bill, under the act. Section 96A is amended to remove references which is to provide for the repeal of certain redundant to Gascor. provisions in relation to Gascor. Section 2 provides for commencement of the legislation on the day after royal assent Section 13 of the bill amends provisions in part 13A of the act is received. which enable Gascor to undertake a certification function similar to that outlined above in the context of amendments to Section 3 of the bill repeals or amends redundant definitions part 7 of the act. In conformity with those amendments this or parts of definitions in the act. These definitions need to be certification function is to be transferred to the administrator repealed or altered as a consequence of the removal of other of the SECV (or such other person as the Treasurer appoints). sections in the act. Section 14 of the bill repeals schedule 1 of the act, which Section 4 of the bill repeals division 2 of part 2 of the act. contains additional regulatory provisions in relation to This division deals with the establishment of Gascor. It also governance of Gascor. contains provisions relating to the functions and powers of Gascor. I commend the bill to the house.

Section 5 of the bill repeals certain provisions of division 3 of Debate adjourned on motion of part 2 of the act. These provisions enable the Treasurer to Hon. BILL FORWOOD (Templestowe). appoint an administrator to Gascor and also deal with related matters. Debate adjourned until next day. Section 6 of the bill repeals division 4 of part 2 of the act. This division deals with the governance of Gascor. In particular it contains provisions dealing with the duties of directors, the giving of directions by the Treasurer, the NURSES (AMENDMENT) BILL

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NURSES (AMENDMENT) BILL Their scope of practice is more limited than nurses from other divisions and is consistent with the national competency Second reading standards for enrolled nurses published by the Australian Nursing Council (2002).

Mr GAVIN JENNINGS (Minister for Aged Currently, the educational preparation and scope of practice Care) — I move: of division 2 registered nurses does not prepare them to administer medications to patients. That the bill be now read a second time. The inclusion of medication administration in the scope of Second-reading speech as follows incorporated on practice of division 2 nurses will enhance the contribution that motion of Mr GAVIN JENNINGS (Minister for these nurses can make to the management of clients and is expected to provide an incentive to division 2 registered Aged Care): nurses to return to and remain in the work force.

Nurses form the largest professional group in the health care An enhanced scope of practice will also contribute to a more work force and are essential to the delivery of health services flexible nurse work force by providing employers with an for all Victorians. expanded pool of trained professionals.

The government has a serious commitment to expanding and In 2002, the commonwealth Minister for Health and Ageing supporting the profession of nursing in Victoria. requested states to work towards the development of a nationally consistent scope of practice for enrolled nurses In the last four years, the government has increased nurse (division 2 nurses in Victoria). A number of practice areas recruitment, lifted retention rates and actively supported the have been identified, and medication administration has been ongoing professional career development of nurses. More targeted as a priority. than 4000 nurses have been attracted back to Victorian public hospitals. A range of initiatives have been put in place to In all jurisdictions, except Victoria and the Australian Capital address nurses’ concerns and their professional needs and Territory, medication administration is already integral to the aspirations. In particular, the government has developed better scope of practice for the enrolled nurses. Extending the scope ways to match nursing services to patients’ needs, with of practice of division 2 nurses in Victoria to include benefits to both. medication administration will bring Victoria closer to practice in other jurisdictions. However, Victoria lags behind some other Australian jurisdictions in the development of a more flexible nursing Currently, the board’s guidelines provide that division 2 work force. nurses may not administer any medication in health settings. The board has determined that division 2 nurses are not yet The best possible use of all our nurses requires a rebalancing sufficiently trained to administer medication to their patients. of the work force to ensure that our most skilled clinicians are able to concentrate their energies on the most skilled work, In order to expand the scope of practice of division 2 nurses, and that there is an adequate supply of certificate trained amendments are required to the Nurses Act to empower the nursing staff who are available to carry out the range of other nurses board to properly regulate this expanded scope of critical direct care roles. practice and ensure safe practice.

As part of an overall health work force strategy, the The bill empowers the nurses board to endorse the government has determined in consultation with the nurses registration of division 2 nurses who can demonstrate that board and key industry members to support an expansion in they have completed the approved training and have acquired the scope of practice of division 2 nurses in Victoria, the necessary competencies to safely administer medication including the administration of medication to patients. within the health sector.

Nurses of all divisions are expected to operate within a scope This is the first step in ensuring adequate regulation of the of practice that is determined by their training, their administration of medication by division 2 nurses. competence on the job, and the legal and ethical framework within which they operate. The second step requires a change to the authorising provisions contained in the Drugs, Poisons and Controlled The Nurses Act 1993 establishes five divisions of the nurses Substances Regulations 1995, which govern the register, empowers the Nurses Board of Victoria to regulate administration of drugs and poisons in Victoria. the standards of practice of nursing in the public interest, and to identify and distinguish between the principal functions It is intended that, following these changes to the Nurses Act, that may be carried out by nurses registered in each division. there be an amendment to those regulations to authorise division 2 nurses who have been endorsed by the nurses The nurses board also has a discretionary power to prepare board to administer scheduled medication. codes for the guidance of registered nurses about recommended standards of practice. The combined effect of these changes will be to authorise suitably qualified and endorsed division 2 nurses to Division 2 nurses (‘enrolled nurses’, as they are known in administer scheduled and unscheduled medications to patients other states) generally work under the supervision and/or within the health sector in accordance with the standards of direction of the division 1, 3 or 4 registered nurse. practice determined by the nurses board. NURSES (AMENDMENT) BILL

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Since an endorsement would appear on the register against lot of the planning and so forth was worked through the division 2 nurse’s name, the endorsement provides a and, unfortunately, as I will explain to the member for mechanism through which the board can indicate to the industry and employers those nurses who are qualified to Silvan, the planning that was well advanced in 1999 on administer medication. these matters to provide flexibility for the nursing work force, was stalled under this government. Unfortunately The bill will: it is now 2004 and we have had to wait four years for allow the board to approve courses in the administration these sorts of changes that should have come through in of medication; late 1999 or early 2000.

grant powers for the board to endorse, review or revoke It is fair to say that Victoria lags behind other states on an endorsement or place conditions on an endorsement of the registration of a division 2 nurse; the issue of flexibility for the Victorian nursing work force, and that is a serious issue. This bill only goes part provide mechanisms of review of the endorsement of the way that the government could go in terms of process; improving flexibility. There are creative ways that the establish offences prohibiting a person or a nurse government could look at expanding the flexibility of claiming or holding themselves out as an endorsed the Victorian nursing work force. It is important to division 2 nurse; point out that there have been some changes. The introduction of nurse practitioners is something that the in line with other offences in the act, include an offence for an agent to arrange for an endorsed division 2 nurse opposition welcomed and supported. I note also that to work in contravention of the endorsement; and this bill will improve the position in Victoria of division 2 nurses and their administration of certain provide the board with greater control over the standards medications. That does need to be improved as Victoria of practice of nurses administering medication. lags behind other states in this aspect. It is true to say The Nurses Act provides that one of the board’s functions is that in other states there are more enlightened to provide requested information to the Minister for Health. regulatory regimes in place that enable division 2 It is the minister’s intention to request regular data about any nurses to administer medication. I note that really only complaints or incidents related to the administration of the Australian Capital Territory and Victoria remain medication by division 2 nurses from the board. outside a system of administration of medication by division 2 nurses. In this way, the government and the board will be able to undertake a proper evaluation of the impact of the extension to the scope of practice of division 2 nurses. It is important to record some notes about the position of division 2 nurses. While supporting the general The purpose of this monitoring is to ensure continuing high direction, the opposition recognises that this has got to standards of practice and quality outcomes for the Victorian be implemented properly. It recognises that proper public. training has to be in place. It recognises that for the It is also the government’s intention to amend the Drugs, system to work the training needs to be of sufficient Poisons and Controlled Substances Regulations 1995 as soon standard, and it also needs to be designed in such a way as possible, subject to the passage of this bill, to authorise that it will not act as an impediment to the those division 2 nurses who have been endorsed as suitably qualified in an approved course. accomplishment of the objectives of the act. So in terms of this bill the opposition thinks that the government In this way, the flexibility of the nursing work force will be will need to give some explanation in the committee enhanced and the health and safety of the public will continue stage as to how precisely it plans to implement some to be protected by appropriate standards of practice. aspects of the bill. Opposition members have some I commend the bill to the house. concerns around how the government will implement aspects regarding supervision by division 1 nurses of Hon. D. McL. DAVIS (East Yarra) — I am pleased division 2 nurses and how that will be defined, and I to make a contribution to the Nurses (Amendment) will seek some clarification from the minister as to how Bill 2003, and in doing so indicate that the opposition he intends that to operate. will not oppose this bill. I also indicate that the opposition supports — — I will also seek some clarification on the issue of training. I want to seek some commitments on the Hon. C. D. Hirsh interjected. record. But before I make my comments I want to Hon. D. McL. DAVIS — We support many of the record my thanks to the minister for the briefing that principles behind the bill, and much of this was in was provided and the detailed information that was operation before the change of government in 1999. A provided. I also want to thank the parliamentary NURSES (AMENDMENT) BILL

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secretary, Daniel Andrews, for his assistance in significant costs. That central step can help manage the providing some of the information and also the costs in the health care system. We think the bureaucrats who probably do the work in providing the government’s current financial issues in Victorian information. The opposition appreciates that hospitals and other health care institutions will be information and acknowledges very clearly that it has assisted by this bill and would have been assisted if the put it in a position where it understands this bill a lot government had moved more swiftly. It is not just in better. the health care system that this will apply; it is also in the aged care sector. I know my colleague the In continuing my point about some of the clarification Honourable Andrea Coote will make some comments that we need to seek, during the briefing we talked about the impact of this bill in the aged care sector. about mutual recognition and the interplay of that Suffice it to say proper efficiencies will be achieved in regime of mutual recognition and the issues that that sector if this is implemented in a safe manner. It is surround the mobility of nurses. I am very keen to see important to note that a lot of state-run nursing homes that there are no unnecessary restrictions that may employ division 2 nurses, and there will be some hinder the movement of nurses into this state to efficiencies there. The state government has achieved undertake the full regime where they are appropriately that through some of the agreements that have been qualified as division 2 nurses who are able to signed over the last few years administer medication in Victoria. I note that the nursing EBA (enterprise bargaining There are a number of other points that need to come agreement) is up for renegotiation at the moment. The out here. It seems to me that the nursing board has been nurses have a meeting today, and they will have had a little slower than it might have been in moving something considerable to say about the EBA. The forward with some of these issues. I know that there government’s industrial decisions three years ago have were a variety of views at nursing board level about impacted on costs in nursing homes significantly. how division 2 nurses could be empowered to Those industrial decisions were not fully and properly undertake the administration of medication as outlined funded in the health care sector, and they drove costs up in the amendments that this bill makes to section 8 of in the aged care sector. It is true that the federal the act. That variety of views at nursing board level — government is the primary funder in aged care; and certainly in conversations that I have had with however, in state-run nursing homes the state people close to the nursing board — made it clear that government’s industrial decisions have an impact on none of this was an easy set of steps. I know the cost structures. It is important that reforms of this nature Australian Nursing Federation had its reservations as are in place to enable costs to be managed properly well, but the opposition believes that the general within safe parameters inside aged care settings. It is direction of this bill is correct. It believes that division 2 important that when the government moves to sign the nurses who are appropriately trained can safely EBA in the next few weeks or months it has an eye to administer medication, and that this is finally coming to the costs that will be passed through the system and that fruition through some of these changes. I note this time it does properly fund the industrial agreements Ms Darveniza is smiling: I think she is a division 1 it signs. The Auditor-General was very clear that, last nurse, is that correct? time, costs were not fully funded. In his report on public sector agencies of February 2003, in relation to Hon. Kaye Darveniza — Don’t you worry, I can the nursing agreements and funding of hospitals, he give injections! states at paragraph 5.277 on page 114:

Hon. D. McL. DAVIS — Yes, you can do lots of In relation to those hospitals that are continuing to encounter things. I am sure you will make a contribution to this financial difficulties, we recommend that the department debate in due course. undertake a thorough review of the number of additional nurse positions funded in comparison with the number I want to record the opposition’s view that these actually employed as a result of the agreement to determine whether any unfunded salary increases were incurred by those changes will assist not only the provision of better hospitals as a result of implementing the agreement. health care — but only if they are correctly implemented — but will also enable the more efficient He went on further to state in paragraph 5.293: provision of health care. Despite the injection of once-off funding to address liquidity We know that there is a situation where appropriately issues in 2000–01 in a number of metropolitan health services and the provision of additional funding in 2001–02 for annual trained division 2 nurses can substitute some of the leave and agency nurse expenditure, and the nurses enterprise duties undertaken by division 1 nurses, thereby saving NURSES (AMENDMENT) BILL

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bargaining agreement costs, the overall position of hospitals people in that region, but in effect it will be closed. The deteriorated sharply... Minister for Health does not want to use that word, but He made it clear that the significant financial the fact is that the service will be closed. It will join a deterioration that came to light in November 2003 was series of services closed across country and city in significant measure an outcome of the nursing areas — not only Hopetoun and Warracknabeal but agreements, because the government did not fully and Nathalia, Nhill, Boort — — properly fund those issues. As the government works Hon. D. K. Drum — Bairnsdale. its way through the agreement with the nursing unions, I urge it to ensure that there is proper and full funding. Hon. D. McL. DAVIS — Bairnsdale is slightly Given the tawdry and unhappy performance over the different, and I was going to mention it. I am pointing last two years of public hospitals, the opposition is to the issues concerning maternity services, which looking to ensure that the agreements signed now will relate directly to one group of nurses that I will talk be properly funded. We will look closely to ensure that. about in a minute. The closed services are at Nathalia, Nhill, Yarram, Warracknabeal and Hopetoun, and the The nursing unions have a significant case to put. I crisis at Seymour has been a significant one in that have talked to the Australian Nursing Federation (ANF) town. about issues surrounding its claim, and I will make it my business in the next few days to talk further with it. I visited Seymour the other day. It is a remarkably good But the opposition is prepared to make the point that hospital with a remarkably good maternity and there is significant waste within the public hospitals and obstetrics unit that should be working. I note that particularly within the Department of Human Services whatever the issues may be between management and (DHS). I made the point strongly at the ANF health practitioners, and which have brought the issue conference earlier this year that the minister does not to a head at Seymour hospital, the fact is that the come to these negotiations with clean and pristine minister has the ultimate responsibility for the delivery hands. She comes from a position of having wasted a of health care services in places like Seymour. She considerable amount of money in the portfolio. As I needs to stop dodging and weaving, and to accept that talked to the ANF conference I made the point that with responsibility. She needs to work with the management this $300 million deal for the new DHS building lease at the hospital to ensure the adequate provision of a costs in this financial year — I see Mr Strong shaking medical and nursing work force in that town. his head — the fit-out costs at the new Lonsdale Street office will be $51.8 million. Hon. R. G. Mitchell — What are your federal colleagues doing about doctors? Hon. C. A. Strong — What about patients? Hon. D. McL. DAVIS — They are doing a hell of a Hon. D. McL. DAVIS — That is a lot of money for lot in Victoria. Rural Workforce Agency, Victoria, has patients. It is certainly a lot of carpet; that is all I can done a great deal, but I think the Bracks government say. The money would have been much better used in has, for its own reasons, been prepared to wind back assisting nurses. It would have been much better some of the services in country towns. employed in patient services and delivery than assisting people to have more grand office accommodation. The Hon. R. G. Mitchell — That’s the little boy who minister might try to defend that, but I do not think it is cried wolf. defensible in light of the nursing shortages that we face or in terms of the cuts and closures that we are Hon. D. McL. DAVIS — The Hume report of last experiencing around the state. year made it very clear where this government was heading. I know the situation with regard to the nursing work force in country Victoria is significant; I believe this Hon. R. G. Mitchell — What happened to that bill will help assist with some of those issues. Recently report? the issues at Manangatang hospital were discussed widely, and there are many other examples of hospitals Hon. D. McL. DAVIS — It is being implemented that are under threat across the state. Another example across country Victoria, and the minister has made it is today’s announcement of the effective closure — and clear on a number of occasions on country radio — however it is dressed up, it is an effective closure — of maybe you do not listen to that, Mr Mitchell — that the Williamstown maternity service. That very valuable hospitals will have to lose their obstetric and surgical service is appreciated, respected and supported by the units in many places across country Victoria. Those are her words, and that is her decision. NURSES (AMENDMENT) BILL

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I think the Bracks government was elected on a couple Under the Kennett government Seymour hospital was of core promises. One was that it would protect, not able to deliver services. I am very concerned with wind up services in country Victoria. It is absolutely the Mr Mitchell’s tone and his approach to this. I find it case that there are less nurses in many country areas. quite disappointing that he is not prepared to step forward and indicate that he is prepared to intervene. Hon. R. G. Mitchell interjected. Hon. R. G. Mitchell — You said I don’t find it Hon. D. McL. DAVIS — I can tell you that there amusing; no, I don’t find it amusing. are very clear problems. I visited the hospital and nursing home at Hopetoun the other day. Maternity Hon. D. McL. DAVIS — What have you actually services in that town are unlikely to ever open again done to deal with the crisis at Seymour? You have done under this government, nor are they unlikely to ever nothing. open again in Warracknabeal also under this government. Women who live many miles outside I believe Mr Mitchell, as a member for Central Hopetoun face a drive of close to 2 hours to get to Highlands, should represent his constituency and Horsham to have their babies delivered. indeed his future constituency. He might even do some work for those who come into the area. Hon. R. G. Mitchell interjected. An honourable member interjected. Hon. D. McL. DAVIS — You may not find it amusing, Mr Mitchell, but it is an electorate that you Hon. D. McL. DAVIS — I can tell you that we may represent in the next Parliament. I suggest you get would have dealt with the indemnity crisis earlier, like across some of the issues in places like Hopetoun and Bob Carr and Peter Beattie did, instead of losing a Warracknabeal that may well be in the new electorate medical work force. that you may represent. You may be very flippant about the issues that face people in country Victoria at the Hon. R. G. Mitchell — What are the bulk-billing moment, but you should stand up and protect them. I rates in Seymour? am disappointed that you, Mr Mitchell, are not prepared Hon. D. McL. DAVIS — The Medicare Plus to indicate even a level of concern about some of these package is going to make a big difference in country issues in country Victoria. What have you done, as a Victoria. member who represents the area around Seymour, to actually fix the problem? Hon. R. G. Mitchell interjected.

Hon. R. G. Mitchell — Quite a bit. Hon. D. McL. DAVIS — You cannot tell me, Mr Mitchell, that the fact that additional payments will Hon. D. McL. DAVIS — What have you done? be made to doctors in country Victoria will not help What have you done about areas like Warracknabeal? them with their practice costs.

Hon. R. G. Mitchell — It’s called repairing the Hon. R. G. Mitchell — But it is not going across damage. the board, is it?

Hon. D. McL. DAVIS — People cannot have Hon. D. McL. DAVIS — It is in country Victoria; babies delivered at Seymour now, but they could have there is a very significant increase in rural and regional under the Kennett government. You have gone back Victoria. I find it disappointing that you are not into history there. prepared to support increased payments to doctors in Under the Kennett government women could have country Victoria, Mr Mitchell. You may well have babies delivered in Seymour or in Warracknabeal or in supported voting against the bill that introduced the Yarram; they could have babies delivered in Medicare Plus changes in federal Parliament. However, Nathalia — — the damage that your party would have done in country Victoria is very significant, given the assistance Mr Smith — What is your answer? of — —

Hon. D. McL. DAVIS — My answer is that the Hon. R. G. Mitchell — How many nurses did you minister has to get in there and fix the problem. She has remove from country Victoria? to accept responsibility for this. NURSES (AMENDMENT) BILL

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Hon. D. McL. DAVIS — I want to make the point costs of ambulances, a cost that would not have existed that in Victoria at the moment the situation with health otherwise. services is very dire. I know the management of intensive care units is also Hon. R. G. Mitchell — What did you close when an area of significance with the nursing work force. A you were in government? How many hospitals? number of the people in the nursing work force that I have spoken to have told me about the difficulty in Hon. D. McL. DAVIS — We did not close as many recruiting sufficient intensive care nurses and the as you are closing! You are closing them, that is what difficulty of being able to place those intensive care you are doing. You are closing them one by one. You nurses in the appropriate spots. There is clearly a are calling it by other names, but you are closing them. significant crisis with intensive care in Victoria. We We know what is happening and we know how you are have seen the closure of the two-bed paediatric doing it, and the country people know exactly what you intensive care unit at Monash Medical Centre, and we are doing. You might take people in the country for have seen the significant impact of the lack of intensive being silly, but they know what is going on. They know care beds for children and neonatal intensive care beds when their hospitals are being wound back. They know in Victoria over the recent period with the transport of when their services are being cut. The women in mothers due to give birth to their babies in areas of Warracknabeal, in the electorate you hope to country Victoria as well as in the city. represent — — I am told very reliably that there is a growing number Hon. R. G. Mitchell — Who knows? of cases and that that is not being addressed by the current system. I am also reliably informed that there Hon. D. McL. DAVIS — Indeed, who knows? The will need to be an increase in the number of neonatal way you are going you may not represent it, but the intensive care beds in this state. Victoria is not women there know that they cannot deliver their babies adequately coping, and it is my strong view that a city at Warracknabeal and they cannot deliver their babies like Melbourne and a state such as Victoria — at Hopetoun. They are forced to drive a very long way Australia’s second largest state — ought to be able to down to Horsham. provide proper neonatal intensive care and proper care Hon. R. G. Mitchell interjected. for women at times of need.

Hon. D. McL. DAVIS — I am telling you: your In returning to the strict aspect of the bill, I make the government is responsible for those changes. Your point that there are some useful models statewide for government is responsible for the financial difficulties the implementation of the Nurses (Amendment) Bill faced by many of those country health services. and the giving to division 2 nurses the power to administer medications where appropriately trained. It Mr Drum raised the issue of Bairnsdale. Look at what has certainly been put to me by many industry has happened at Bairnsdale, at Hamilton and at other leaders — my reading of this seems to bear this out — places around country Victoria where elective surgery that the scope of the Queensland nursing practice cuts are being implemented. I would challenge the decision-making framework seems to offer some useful minister to come clean on where these elective surgery approaches, and I would urge the government to be cuts are being imposed. These cuts are having a very cognisant of that. I would not go so far as to say I significant impact on country Victorians. would endorse it entirely, but I do think it offers some very useful approaches that could be used as the I know that those in Bairnsdale with whom I have government implements aspects of this bill. talked are very concerned about the impact on their hospital and particularly on the patients who will be I want to draw the house’s attention to the aged care forced in many cases to come to Melbourne with the enrolled nurse working party paper prepared for the related transport costs. Funds to cover those huge costs federal Minister for Ageing in March 2003. Looking at should properly be put into the health service in that paper it is very clear indeed that Victoria has Bairnsdale rather than be used on transporting patients lagged significantly on the ability of enrolled nurses to halfway across the countryside. This whole system of administer medications. When you go through the inadequate provision of services is generating more charts of enrolled nurse supervision, it seems there is a costs. All those people who are going to have to go significant issue around the supervision of division 2 from far north of Hopetoun down south to Horsham to nurses by division 1 nurses. As I said earlier, I will seek have their babies delivered will have the additional some indications from the minister as to how that is intended to be appropriately implemented. Will division JOINT SITTING OF PARLIAMENT

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1 nurses be required to be on the premises to supervise was good to have the briefings at a time that suited us division 2 nurses to administer injections on all both. occasions or will there be some arrangement where division 1 nurses are on call? What precise The purpose of the bill is to amend the Nurses Act 1993 arrangements will there be? I want do get some clarity and to effectively empower the Nurses Board of on that. Victoria to register division 2 nurses who have completed the approved training and acquired the In conclusion, I want to make this point quite strongly: necessary competencies to administer medications The opposition supports the direction this bill is within the health system. We have consulted with heading. We certainly do not oppose the bill, and we hospitals and professions and understand that this is a believe that a great deal can be done to improve the popular bill, and we are in support of it and will not nursing work force through the passage of this bill. oppose it.

Debate interrupted. Research shows that there are approximately 68 000 registered nurses throughout Victoria, of whom about The ACTING PRESIDENT 17 500 are registered as division 2 nurses. Currently (Hon. J. G. Hilton) — Order! The house will now those 68 000 nurses are not only divided into divisions adjourn for the purpose of meeting with members of the 1 and 2, there are five divisions. However, divisions 3, Assembly in the Assembly chamber in order to choose 4 and 5 are closed to new registrants. Division 1 a person to hold the place in the Senate rendered vacant includes graduates from an accredited university course by the resignation of Senator the Honourable Richard as well as midwives, maternal and child health and Kenneth Robert Alston. psychiatric nurses, and nurse practitioners by endorsement. Division 2 includes graduates from Sitting suspended 6.12 p.m. until 8.04 p.m. accredited courses in the veterinary sector. Division 3 deals with psychiatric nurses; division 4 deals with JOINT SITTING OF PARLIAMENT mental retardation nurses; and division 5 deals with mothercraft nurses. Senate vacancy Clearly division 2 nurses cannot administer medication, The PRESIDENT — Order! I have to report that irrespective of whether that medication be in tablet, this house met with the Legislative Assembly this day capsule or liquid form. They may, however, instil eye to choose a person to hold the place in the Senate drops, ointments and so forth, providing they do not rendered vacant by the resignation of Senator the contain scheduled medications. The nurses board refers Honourable Richard Kenneth Robert Alston and that to the scheduled medications that division 2 nurses are Mr Mitchell Peter Fifield was chosen to hold the vacant prohibited from administering as follows: place in the Senate. ‘Scheduled medications’ refers to those substances listed in one of the nine schedules contained in the poisons code. The substances are controlled via the regulations of the Drugs, NURSES (AMENDMENT) BILL Poisons and Controlled Substances Act 1981. The 1995 regulations of this act prohibit the administration of schedule Second reading 4, schedule 8 or schedule 9 substances by division 2 registered nurses. Specifically, these regulations, under Debate resumed. ‘Division 6 — administration’, state: Section 45. Persons who may administer drugs and poisons Hon. D. K. DRUM (North Western) — I am happy in health services. to contribute to the debate on the Nurses (Amendment) Bill. I thank my colleague in the other house, the (1) a person who is responsible for the management of a health service must take all reasonable steps to ensure member for Lowan, Mr Hugh Delahunty, who that the administration of a drug of dependence, a undertook a lot of research for The Nationals on the bill schedule 4 poison, schedule 8 poisons or schedule 9 and was able to cover a lot of the background and poisons by or in that health service is carried out only by organise some of the briefings with the department, the a medical practitioner, pharmacist, dentist, authorised minister and advisers. We received briefings at short optometrist or nurse in accordance with these regulations. notice and wish to thank Mr Andrew McKenzie, Dr Christine Breakwell and Anne-Louise Carlton for It clearly states the current situation where division 2 getting together at short notice at a time that suited nurses are unable to administer such medication, and it Mr Delahunty and me, being the country members. It clearly states the various poisons that are included in NURSES (AMENDMENT) BILL

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the code. The regulations are further expanded in Effectively all that means is that as yet the relation to what constitutes a health service. recency-of-practice and currency-of-competence issues are not quite finalised. It is still a work in progress. We One of the major concerns throughout the industry was still need to get that finalised. Once we do, it will make how the broadening of the medication administration the bill a lot more complete. procedures will work in relation to the ongoing competencies. Once we acknowledged that division 2 The bill is about much more than simply getting our nurses will be trained and broaden their skills, there was division 2 nurses trained to a level where they will then an issue of ongoing competencies. I am sure everybody be able to administer medication. There is a lot more in the chamber would understand the enormous involved than simply doing that. We have to work out responsibility on the shoulders of anyone who has been guidelines with which we are confident to ensure that given the task of administering medication, the our nurses who have been trained up will remain at that responsibility of getting it right and the responsibility of up-skilled level. This whole area is an integral part of acknowledging the signs that certain medications about the bill and we need to see how it will be enacted in the to be administered may be against better judgment and work program to gauge how it is going to go. These then to call for a possible second opinion to ensure that issues have been on the agenda since October 2002 and the instructions that were first laid down are correct. we would have thought that they would have been covered by now and that these guidelines would have We sometimes underestimate the skills and the been well and truly put in place by the system so that experience gained by nurses in the health sector and once the bill was passed, all the guidelines and just how important that experience is. The experience regulations would also have been put in place as a fait and knowledge required by a nurse needs to be clearly accompli — it would all have been done. stated. Preferably all nurses need to know exactly what the ongoing requirements are in relation to the I understand that in practice and in the real world these frequency of medication and administration of that issues of competency, recency of practice and currency medication. of competence would currently be handled by nurses being honest and that commonsense would play a huge At the departmental briefing we asked some questions role with nurses simply being able to say, ‘I am of Dr Christine Breakwell. She was good enough to get competent to do that; I can handle that, but I am out of back to us, and we appreciate the fact that she did reply. my depth here’. I understand that would happen in the I wish to quote from her reply, because this is an real world and in general practice. I am led to believe important issue. Once nurses have been given the that is how it happens at the moment. Quite a lot of training and have acquired the skills to deliver the division 1 nurses at the moment are qualified to medication, we think it is important that we get the next administer medication, but occasionally they will put part of it right. What are the ongoing competencies? their hand up and say, ‘I am not used to doing this type What are the standards that will be set by the system to of work; I do not have the currency of skills to make sure that once people have acquired their training administer this type of medication; you are possibly skills, they will be kept up to speed with the necessary better off to use someone else or at least see if you can frequency of use so as to remain competent at that get my work supervised by someone with more level? In response to our questions, Dr Christine competence in this area’. Breakwell said the following: A certain amount of practical skills are associated with In response to your questions about ongoing competence in the workplace, which I suppose happen as a matter of medication administration, the board is currently researching and reviewing mechanisms for establishing ‘recency of course but are simply not covered in the legislation or practice’ and ‘currency of competence’. The national nursing the regulations. It is a hugely important part of the bill, and nurse education task force, chaired by Ms Belinda and I would like to think it is too important to be simply Moyes, Victoria’s principal nurse, has overall responsibility left to the self-reporting or self-regulation mechanisms for implementing recommendation 6 of the national review of nursing education, with respect to monitoring the that are currently in place. development of a consistent approach to ‘audited self-reporting for continuing registration of registered nurses The bill empowers the Nurses Board of Victoria to and enrolled nurses using indicators that demonstrate endorse the regulation of division 2 nurses who can currency of competency ... demonstrate that they have completed the approved training courses and that they have acquired the She goes on to say: necessary competence to safely administer medication Future work undertaken in Victoria in this area will be within the health sector. The bill will allow the board to consistent with the national approach. approve courses in the administration of medication and NURSES (AMENDMENT) BILL

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to grant powers to the board to review or revoke an I would also like to mention, as Mr David Davis did in endorsement. It will give the board the powers to enact his contribution, the challenges facing many hospitals the training programs. in the country areas of Victoria. Just in my area in North Western Province there are an enormous number The bill will provide the mechanisms of review, which of health centres and hospitals, and they are asking for a will be vitally important as nurses have to continually lot of assistance. Ninety per cent — — prove their level of competency on an annual basis. It will provide the board with greater control over the Hon. J. M. McQuilten interjected. standards of practice of nurses administering this type of medication. That is the upshot of the bill. It is Hon. D. K. DRUM — Mr McQuilten, when you reasonably straightforward and, after speaking with talk I will let you talk. people within the industry, we believe it is a popular bill. A lot of people involved in the health system are asking for help, and most of the help revolves around finances. I am concerned with the training model and how the It is a situation that has become quite serious. There is training will be done. The best-case scenario with these no doubt when you read what the Auditor-General has training courses to get the division 2 nurses up to the to say about this that a lot more nurses have been standard is that they will be provided by mid-2004. employed. The various chief executive officers of the That is the best-case scenario — that by the middle of health campuses that we visit are open and clear about this year these cases will start being trained up. My the fact that the last nurses’ enterprise bargaining understanding is that there will be approximately agreement (EBA) put in place involved employing a lot 40 training providers, both government and more nurses than was previously the case. But equally non-government, who will be likely to deliver these there is no doubt that the nurses’ positions created training courses. under the last EBA were not funded fully. It is clear that smaller hospitals cannot cope for any period of time There are some questions I would like to have with the employment of staff if their positions are not answered either by the department or the minister in funded correctly. It is a simple mathematical problem summing up on this bill. How much are these courses that has happened in many small hospitals throughout likely to cost? I have been told through informal country Victoria. It is an undeniable fact. discussions with the government that the costs that are incurred in these courses will be recouped rather Many hospitals in country Victoria cannot carry the quickly by the individuals, so there might be an unfunded places for very long. I need to put this on the expectation that the individual will have to fork out the books. I met Mr McQuilten last time at the Rheola cost of the training. It is interesting to note that this does festival, which is a great festival that has been running not happen within other sectors within the community. for more than 130 years. Maybe he can tell me how Who is going to pay? How many training positions will long that festival has been running? be made available by the government with government training providers, and how many will be made Hon. J. M. McQuilten — For 128 years. available by the private sector? Hon. D. K. DRUM — Yes, in the vicinity of I am led to believe that this training program is to be a 130 years. The proceeds from the Rheola festival go to minimum of 6 weeks or 190 hours, with 40 hours being two small country hospitals at Inglewood and Dunolly. given to clinical training. That puts it into perspective, The community has no problem getting behind these but that is at a minimum. If they are not able to get the two hospitals and generating funds for them, but it is type of training all in one go at an intensive-type not going to do that indefinitely if the money raised is course, for how long will this course then be strung out, eaten up by general revenue and operational costs. and how long will these division 2 nurses, who are Right across Victoria people will get behind their local attempting to gain these extra qualifications, be without hospitals provided the money raised goes towards incomes if they are forced not only to pay for the course capital improvement or the opportunity to buy some out of their own finances but also to be without wages special piece of equipment and the people will see an when they are up-killing? There are some issues there absolute benefit to their respective community that I would like to have answered. The government hospitals. At the moment these hospitals have been may be able to answer them if it has a grasp on this bill forced to eat into their capital reserves. It is a position as it goes through. that is unable to be sustained, and we certainly need to do something about it. It is happening in my area, and I am sure it is happening around the state. NURSES (AMENDMENT) BILL

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This is a very good bill, and The Nationals will not be The administration of medication and the ability for opposing it. We have put forward three or four level 2 nurses to have the scope of their work practice questions that we think are fair to be answered. Even include the administration of medication will certainly the division 1 nurses to whom we spoke are effectively enhance the contribution the nurses will be able to in favour of the bill going ahead. There are some issues make to the management, care and support of the about being able to administer injections. The nurses clients and patients whom they will be caring for. I who will be able to administer medication will still not believe it also will act as a real incentive not only to be able to administer injections. Maybe we will need to encourage and to attract division 2 nurses back into our fix up that area with this bill, because that will bring us health care system but also to assist in having them closer in line with some of the other states. With those remain in the work force. Work force flexibility is comments, I complete my contribution. incredibly important, and over time, through attracting and retaining more division 2 nurses, we will have Hon. KAYE DARVENIZA (Melbourne West) — I greater flexibility and we will have more positions in am delighted to be able to make a contribution to the our health care system that will be filled by these debate and to speak in support of the Nurses division 2 nurses. (Amendment) Bill. It is always pleasing to make a contribution on a bill that is not being opposed by the In all states, apart from Victoria and the Australian opposition. It demonstrates that this is a good bill, and it Capital Territory, enrolled nurses are able to administer goes a long way to ensuring that we have a more medication as part of their scope of practice. It varies flexible nursing work force in our health system. The from state to state, but they are all able to administer government aims to ensure the existence of an medication. Victoria is lagging behind other states and educated, experienced and skilled nursing work force of territories, and it was the federal Minister for Health an adequate size and composition and that the and Ageing who requested that all states work towards distribution of the nursing work force meets the needs the development of some national consistencies for the of Victorians. scope of practice for enrolled nurses.

There has been some debate during the last two In May 2001 the nursing policy branch of the contributions about the state of our current health Department of Human Services established a working system. Whilst I will not go into that at length, I do group of key stakeholders to examine the extent of want to bring to the house’s attention what the scope of practice for division 2 nurses here in Victoria. government has done to significantly increase our The group was extensive and inclusive, and its nursing work force over the last four years. We have establishment again demonstrates this government’s recruited nurses; we have lifted retention rates and we ability to consult widely before introducing bills into have actively supported ongoing professional and this house. The group included representatives from the career development for nurses. More than 4000 nurses Department of Human Services, special interest groups, have been attracted back to Victorian public hospitals. unions, educational experts and educational providers, A number of initiatives have also been introduced and and health service providers, as well as employers from put in place by the government to address the both the public and private sectors, and from the many professional needs and the aspirations of our nursing different areas where health care is provided — from work force. the acute and subacute areas as well as the community and residential aged care areas. I could go on about the kind of depleted nursing work force that Victoria had when we first came to The Nurses Board of Victoria was involved, as were the government in 1999, but I am fearful that once I get Victorian Association of Health and Extended Care; the started down that path I will do my 15 minutes and not Aged Care Association of Victoria; the Victorian get an opportunity to say some of the things that I Hospitals Association; the Victorian and Tasmanian would like to say in relation to the bill. Deans of Nursing; the Monitoring Delivery Committee, Certificate IV in Health (Nursing), for the course Hon. Andrea Coote interjected. coordinators of TAFE institutes in Victoria; the Australian Nursing Federation; the Health Services Hon. KAYE DARVENIZA — Having been a Union of Australia; the Health and Community nurse myself and having represented nurses for many Services Union; the National Enrolled Nurse years prior to coming into this place, I do have a lot of Association; the Enrolled Nurse Specialist Interest nurse stories that I could tell you, Andrea. Group; the Office of Post-compulsory Education, Training and Employment; the Community Services NURSES (AMENDMENT) BILL

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and Health Industry Training Board; the Department of successfully achieved competencies and the necessary Human Services; the Royal District Nursing Service; training that is required for them to be able to and the Metropolitan Executive Nurses Group. It was a administer medication. very extensive group of stakeholders and people who had expertise in the practice, delivery and regulation of In addition the board will accredit training courses for nursing practice. All of these people were brought those division 2 nurses in medication administration, together to examine the issue of extending the scope of and it will put in place the necessary codes for safe practice for division 2 nurses. practice. I will talk a little bit about the training, because it is an important element of having nurses who A number of practice areas were identified by this are trained and who are competent to administer group, and medication administration was flagged as medication. Vocational education for division 2 nurses being a real priority that needed to be addressed. They here in Victoria operates under two regulatory developed a report called ‘The working group on the frameworks. The Victorian Qualifications Authority administration of medication by division 2 nurses accredits the courses, and of course nurses are regulated report’, and that came out in February 2002. It made a by the Nurses Board of Victoria, which is authorised to series of recommendations that were accepted by the accredit those training courses. In order to be able to then Minister for Health, John Thwaites. meet the nurses board’s requirements for safe practice, division 2 registered nurses must successfully complete In light of these recommendations key pieces of work a course that has been accredited by the Nurses Board have been progressing throughout the last two years to of Victoria in the administration of medication. extend this scope of practice. They include the development of courses in medication administration These courses will be approved by tertiary and further for division 2 nurses and the development of guidelines education or registered training organisations prior to and standards of practice for division 2 nurses in the nurses being able to administer medication in a medication administration, as well as looking at some health care setting. The course is going to be classified guidelines for the nurses in the other divisions — that as a short course, and it is going to comprise two is, in divisions 1, 3 and 4 — who would be supervising. compulsory units of competency. These will meet the Australian quality training framework for accreditation, A couple of barriers to extending the scope of practice and the course will provide the necessary knowledge, were identified, and that is why this bill is before us skills and clinical competencies for these nurses to be today. The first one was that under the Drugs, Poisons able to safely administer these medications in a broad and Controlled Substances Act and regulations only range of different practice settings. division 1, 3 and 4 nurses are authorised to administer the schedule 4, 8 and 9 drugs. These drugs are The courses have been approved by those key scheduled because they need to be subject to greater stakeholders we consulted during the development of controls because of the risk of adverse reactions and the courses, and they have been accredited by both the side effects to them as well as the potential for them to Victorian Qualifications Authority and the Nurses be addictive and for them possibly to end up in the Board of Victoria. illicit drug markets. That was the first area that we needed to address legislatively. I shall pick up on a couple of the comments that were made by the previous speaker, Mr Drum, about Secondly, the nurses board’s current policy for competencies. I was on the Nurses Board of Victoria division 2 nurses does not allow for the administration for many years. The board has the discretionary power of medication in any health setting, even of those to prepare codes for the guidance of nurses about medications that are not governed by the drugs, poisons standards of practice. Whilst it can prepare these codes and controlled substances regulations, so the board had as guidance, the codes are not legally binding. They are to determine that division 2 nurses needed sufficient only guides and not rules of practice. The codes go a training to become competent to administer medication. long way in assisting the board to determine that nurses comply with the practice and standards that are In order to expand the scope of practice for division 2 expected of them. nurses, these amendments are required to the drugs, poisons and controlled substances regulations to allow Nurses of all divisions are expected to operate within a appropriate training, and to qualify division 2 nurses to code of practice that is determined by their training. be authorised to administer medications. The Mr Drum talked about what really happens in the work amendments to the Nurses Act provide the mechanism place and the way that nurses behave when they think for the board to identify those nurses who have they do not have the competencies and skills to be able NURSES (AMENDMENT) BILL

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to carry out a particular task. He is very much on the only are the baby boomers expensive to keep but they money, and one of the reasons nurses behave in this are living longer, and medical achievements are way is that they understand that they operate within a keeping them healthy for longer. scope of practice that is determined by their training and competencies, and there are legal and ethical The interesting part is that it is not just the baby frameworks within which they operate. Nurses, like any boomers who are getting older; we are finding that our other registered health professionals, have personal nursing fraternity is getting older as well. They are responsibilities not to hold themselves out to be doing finding it difficult to stay within this area, and we have things they are not trained to do or undertake certain to address this as an issue. They are not only going to skills and procedures in which they are not competent. be older themselves but there are going to be more The nurses who work outside that scope of practice people to care for. may be breaching professional conduct and the board has the power to investigate — — I would like to quote Mary Barry, who is the chief executive officer of the Victorian Association of Health The PRESIDENT — Order! The member’s time and Extended Care. She talks about university places has expired. for nurses and encapsulates what I am speaking about:

Hon. ANDREA COOTE (Monash) — Whilst the An ageing work force and a shortage of university graduates are set to rob Victoria of one-quarter of its nurses within two Liberal Party generally supports the thrust of this bill, it years. does not believe it goes far enough. It improves the flexibility of the Victorian nurse work force, and that is This article was written in January 2004. It continues: certainly welcomed. These changes were commenced under the previous Liberal government, and I ask: why Research has shown that the demands of an ageing population will exacerbate the current nurse shortage, causing an on earth has it taken so long to get to this stage? Why Australia-wide shortfall of more than 4000 graduates by did the government not take the opportunity to take it 2006. Victoria is expected to have only three-quarters of the further and make a really big difference? One must ask: nurses it needs. The situation is made worse still by the is this Bracks government concerned about its ageing of the current nursing work force. By 2006 the average age of a nurse will be 49 years. relationship with the unions? Does it not want to step on the union’s toes? Those questions are a logical I have heard of all sorts of other pressures being put on flow-on from the lack of evidence of that in this bill, nursing. In aged care we have heard about the increase and it is a great pity it did not go further. in obesity in older people and the difficulty that brings with having to use lifting equipment. We are looking at Under the hat of my shadow portfolio I would like to a scenario that is very concerning. Therefore we are put this bill into the context of aged care. We have to going to need as many nurses as possible, and those look at the whole of the work force, and I go back to the nurses will need to be freed from tedious and May 2002 federal budget when Peter Costello came out time-consuming tasks. One of the pleasing issues in this with an intergenerational report, in which he talked bill is that it recognises that division 2 nurses can about what the future holds. This will have an impact dispense medication. on how we age in this state, how we nurse aged people and what will happen to elderly and frail Victorians into One of the interesting things I saw as I went around this the future. Demographics do not lie, and we are going state was in a nursing home in country Victoria. It was to find that instead of facing unemployment as we have a 30-bed residential aged care hostel for high-care 1 done in the past we are going to have under needs. It took one nurse 2 ⁄2 hours to dispense employment. It is going to be very difficult to get the medication to those 30 people. Two and a half hours is staff to support those of us who are baby boomers. We a very long time when the nurses could be taking care are a very expensive group of people to maintain and of and using their skills to look after those frail, elderly we have a five-star — — patients in a far better way.

Hon. Kaye Darveniza — Not cheap to keep. Products such as the Webster-pak contain antibiotics in packets which divide up the doses patients are supposed Hon. ANDREA COOTE — We are not cheap to to have, and you just pop out the pills. It does not really keep, Ms Darveniza! We have five-star requirements need a brain surgeon to sort out exactly what is with a three-star budget. The difficulty is that as we go required. We have to be cautious and careful about it, into aged care we are starting to see the ramifications but the anomaly we have at the moment is that family and the implications of what this is going to mean for members and personal care assistants can come into nursing in this state and for Australia as a whole. Not NURSES (AMENDMENT) BILL

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hospitals and pop out those pills, but division 2 nurses directed to meeting the needs and serving the interests of cannot do this. people. Finally, it states: That is an anomaly that we really have to look at and be more understanding of. It is not to say that we do not The Framework is consistent with and complementary to have to be extremely cautious; it is very important that existing regulation and practice parameters in Queensland. It the right medication gets to the patients and that all care complements the requirements for educational preparation, is taken. competency development, registration, enrolment, endorsement and ongoing professional practice. It is consistent with and needs to be implemented in conjunction If division 2 nurses can be given flexibility to dispense with the National Competency Standards for the Registered more medication it will free up more time for them to Nurse and the Enrolled Nurse (2000) and the Code of Ethics look after the elderly patients they are in charge of. A for Nurses in Australia (1993). part of the bill that is of concern to the aged care sector concerns training. As the bill stands, there is some I am not a nurse, but from looking through this cause for concern about how the training time will be document it is very clear that it is all here. There is no taken. Will division 2 nurses have to take time off from confusion. In fact the Queensland government has done their current place of work and be trained for an hour a an excellent job on this. It is succinct, it is clear, and it week or in a comprehensive block of time, and will is a very good document. I hope and suggest that the they have to go without pay? Will the facility that they minister might take a closer look at developing a have come from have to find a replacement for the time decision-making framework for Victoria to give some that a nurse is off work? There are some costs and certainty, understanding and context to what is confusions that need to be looked at and addressed happening here. when dealing with this bill. As I said before, we have some concern about the lack It is all very well for me to say that the thrust of the bill of nurses. We have a problem between aged care and is where we believe it should go but that it does not go acute nurses. Aged care nursing is not seen to be as far enough. So what is the answer? As Ms Darveniza attractive as acute care nursing. There is about a 6 per explained in her contribution, Victoria and Victorian cent discrepancy between what an aged care nurse and nurse training is a long way behind the other states. an acute nurse receive — an acute care nurse gets more. There has been a call for national recognition of We need to look at the whole sector and make it much terminology, standards et cetera. From my research and more appealing for people to get into. from the people I have approached, it has been said that The state government could look at encouraging more two states are doing it far better than we do it here in people with scholarships to enhance the reputation of Victoria. One is Western Australia and the other is aged care nursing, because, as I said at the outset of my Queensland. In 2002 Queensland came up with a contribution, we are facing a rapidly ageing population document entitled Scope of Nursing Practice Decision which will have some very high care needs. We need to Making Framework — Application of the Framework get as many well-qualified nurses as we possibly can in Nursing Practice — June 2002. I will read from the into this sector. introduction about what it was to do, because I think we could take some notice of it and perhaps implement a I would like to suggest that the government looks at similar code and framework in Victoria. From all what the federal Minister for Aged Care, Julie Bishop, accounts, it works extremely well. The introduction has done to encourage nurses into the aged care sector. states: I will read from the press release from the Royal College of Nursing Australia, headed ‘Australian The Queensland Nursing Council has developed the Scope of Nursing Practice Decision Making Framework (the government aged care nursing scholarship scheme and Framework) to provide guidance for individual nurses, the aged care support systems pilot project’. It states: nursing profession, other health care personnel, service providers and consumers, in decision making about issues of The Australian government aged care nursing scholarship nursing practice. scheme aims to increase the number of nurses with a rural and regional background and a special interest in aged care It goes on to say: entering undergraduate, honours and continuing professional development (CPD) study programs at accredited Australian Increasingly, nursing practice exists in dynamic and rapidly institutions. evolving contexts. This environment requires nurses to continually acquire new knowledge and incorporate relevant I will pause there to talk about rural and regional change into their practice. Each aspect of practice should be Victoria. If we believe that the baby boomers are going to be expensive to keep here in the city, they are going NURSES (AMENDMENT) BILL

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to be just as expensive in the country, and it is going to Australian Capital Territory — which has resulted in be very difficult to keep aged care nurses in country Victorian nurses not being able to administer areas. We really have to face that issue now and do medications and subsequently provide enhanced and something about it. I urge the government to seriously more timely health service provisions to Victorian consider what it is going to do. patients.

The press release continues: Proposed section 8(c)(i), to be inserted by clause 5, states in part: Scholarships are available to contribute towards each of these programs. The schemes provide financial assistance worth up The Board may endorse the registration of a nurse registered to a total of $30 000 ... under division 2 of the register if the board is satisfied that the nurse — That is per applicant over a three-year period. For honours programs, it is up to a total of $10 000 a year, (a) has satisfactorily completed a course of study in and I presume that it is a four-year course. medication administration approved by the Board; or

The initiative for the pilot program through the support (b) has satisfactorily completed a course of study or systems for aged care nursing scholarship holders has a qualification which, in the opinion of the includes a mentoring program; a dedicated web site board, is substantially equivalent ... with links to relevant online resources and organisations; online discussion groups; electronic In clause 8, under the heading ‘Refusal to renew bulletins; academic skills resources; selected literature registration or endorsement’, proposed section 14(3) database and project officers to help access and use makes it clear by stating: programs and resources. Without limiting the powers of the Board under sub-sections (1) and (2), the Board may refuse to renew the endorsement I encourage the government to have a look at this of registration under section 8(C) of an applicant under this model: I think it is something that could be helpful. We Part if the Board is satisfied that the applicant for renewal has have to be much more proactive in this state to see what not maintained the required competencies in medication we can do to encourage high quality, highly trained administration for that endorsement. people into this sector. It is incumbent on this This is an important provision in the legislation, government to make certain that we have enough because it will ensure that competencies of nurses are nurses who are going to be well trained to take us into recognised and the nurses board must notify nurses if it the future. intends not to renew their registration. It is essential Victorian nurses are provided with the opportunity to As the Honourable David Davis said, the Liberal Party have their skills recognised. will not oppose this bill, although I think it is a pity that it does not go far enough. I certainly welcome the Under the heading ‘Suspension of endorsement’ changes that have been made in it and look forward to clause 9 states: seeing them implemented. For the purposes of this Act, a nurse whose endorsement of Hon. W. A. LOVELL (North Eastern) — It is a registration under section 8C is suspended is deemed not to pleasure to contribute to the debate on this bill and in have her or his registration endorsed under that section for the doing so to say that the opposition does not oppose it. period of that suspension. Today should be a day of celebration as this legislation This is an important clause, because it ensures that has made it to this chamber and will finally be passed to nurses’ competencies will be reviewed. If the nurses enable better health services for all Victorians. board deems the competencies to be inadequate, the nurse will be unable to continue administering the This legislation will enable nurses who have undertaken medications. This is an important safeguard for the appropriate training to administer certain patients. medications. The Nurses Board of Victoria will approve the training courses for these nurses and The Liberal Party has a number of concerns about this provide the authority for them to administer the legislation. As mentioned earlier, it is disappointing that medications. The drugs, poisons and controlled the Bracks government has taken four and a half years substances regulations will be amended to allow longer than required to introduce this important division 2 nurses to administer the medications. It is of legislation. The Bracks government’s mismanagement concern that other Australian states implemented this of health is having a real impact on Victorian local legislation some years ago — with the exception of the communities, on patients and their families. A clear NURSES (AMENDMENT) BILL

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example is the ongoing crisis facing hospital services in Hon. J. A. VOGELS (Western) — It is with great country Victoria. These include cuts to obstetric and pleasure that I rise to support the Nurses (Amendment) elective surgery at Warracknabeal and Hopetoun and Bill. As a few speakers have mentioned, this legislation the threatened closure of those hospitals; the proposed was on the table probably around 1999. It has taken closure of the Rushworth hospital; the ongoing crisis nearly five years to bring it to fruition. I believe this is surrounding obstetric services at Seymour; the ongoing mainly because of union opposition. Division 1 nurses equipment crisis affecting Echuca hospital which fear that allowing division 2 nurses to administer drugs according to the Auditor-General needs over will encroach on their patch or responsibilities. Never $800 000 of urgent equipment upgrades; the mind that their reluctance has left the residential aged $1.1 million of equipment upgrades required at care sector in crisis, because many of these facilities Wangaratta; and over $380 000 of urgently needed were in breach of the legislation governing the equipment upgrades at Goulburn Valley Health in administration of medication by staff. I will quote from Shepparton. Waiting lists for urgent elective surgery at a letter I received from the May Noonan Memorial Goulburn Valley Health have increased 25 per cent Hostel for the Aged based in Terang, in my electorate, under the Bracks government. Semi-urgent elective and the response I received from the then Minister for surgery waiting lists have increased 67 per cent under Aged Care, the Honourable Bronwyn Pike, more than the Bracks government. My electorate hospitals are two years ago. The Terang hostel representative wrote, under deep financial pressure with massive operating saying: deficits. Goulburn Valley Health has a deficit of $4 688 000. At Wangaratta it is $1 986 000. At the Re: Scope of registered nurses division 2 Wodonga Regional Health Service it is $3 571 000. At I am writing to you on behalf of the board of management the Yarrawonga District Health Service it is $961 900. and the registered nurses division 2, to ask you for the latest The Tallangatta Health Service has a deficit of information on the scope of registered nurses division 2 $522 437. This is the mismanagement in my electorate regarding the administration of medication from Webster-paks. alone. At the end of this year May Noonan memorial hostel will I call on the Bracks government now to take again go for accreditation like all other aged care facilities. responsibility and fix the health crisis that is forcing Again we will be faced with the dilemma of not complying to patients in my electorate to go without. This legislation standards and maybe only gain accreditation for a short time rather than the three years, due to the anomaly that faces aged is important, but it is only a first step. Additional care facilities that employ registered nurses division 2 in measures should have been taken by the government in hostels. relation to this work force issue. In particular the training courses these nurses will need to undertake We would appreciate feedback on where the situation is heading. appear to be highly expensive, putting them out of the reach of many nurses. The new administering powers Yours sincerely for these suitably trained nurses do not go as far in other Jan Barnes, Hostel Manager. states — for example, in other states these nurses are I sent that letter off to the Minister for Aged Care, able to inject certain medications. There are also Bronwyn Pike, and I actually spoke to her about this. concerns as to how the Nurses Board of Victoria will The minister wrote back to me in December 2001 — implement the new supervision requirements for these which is now nearly two and a half years ago — nurses. saying:

In conclusion the opposition does not oppose the bill. Thank you for your letter of 31 October 2001 on behalf of However, we remain concerned about the cumbersome May Noonan hostel in Terang regarding the administration of processes of administering the qualifications, providing medication to aged care residents by division 2 nurses. access to the qualifications and supervising the nurses The Victorian government is taking action to advance an registered to administer these medications. Victorian extended scope of practice for division 2 nurses as a matter of nurses are committed and dedicated to the provision of priority. quality health care. It is the responsibility of the government of the day to support, train and empower Remember this is two and a half years ago. our nurses. Victorians will benefit from Victorian This initiative will be of benefit across a range of the health nurses gaining these responsibilities. It is important that and aged care settings where division 2 nurses are employed. the government continue to take steps that recognise the skills of our nurses and promote further training and A working group for the extended scope of practice of educational opportunities for them. division 2 registered nurses, comprising of key stakeholders, NURSES (AMENDMENT) BILL

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including aged care representatives, has been meeting since I fully support division 2 nurses being able to June 2001. administer drugs. It seems absolutely ludicrous to me Currently the focus of the working group is on the that while a mum or dad, son, daughter, neighbour or management and administration of medication which is one anyone else in the district can come and hand out drugs component of an extended scope of practice. quite capably and safely to a person living in their own I understand that the May Noonan hostel has also written to house, once that person goes into a nursing home or directly to Ms Belinda Moyes, assistant director, nurse policy hostel a division 2 nurse, who is much better qualified, unit, in relation to this issue. is unable to hand out the drugs. Surely it is not difficult to have quality-assurance procedures in place in these The government is committed to fostering and strengthening the work force in health and aged care services, and the aged care facilities. Proper records are kept, usually Minister for Health, the Minister for Community Services and hanging on the end of a bed or in the room, and when a myself are all keen that measures for expanding the scope of nurse comes in everybody knows — or should know, if practice for division 2 nurses are implemented as soon as quality-assurance records are kept — what this patient’s possible. medication is. The Webster-pak, for example, is ideal. I This was in 2001. We are now in 2004, and we are do not know if many members have seen one: it is a finally seeing some legislation. These letters and blue pack, and it probably has a week’s, or two weeks’, responses would be carbon copies for most of the aged drugs in it. It says ‘Monday, Tuesday, Wednesday, care facilities across the state. Saturday, Sunday; morning, midday, evening’. The pills are all in their own little spot, and whoever is This legislation gives the opportunity for approximately handing out the morning or afternoon pills just pushes 7500 division 2 nurses to complete a relevant training the little vial, the pills pop out, and they are handed course that would allow them to administer certain over to the patient. It is very simple, and I cannot types of medication within a supervised setting. What believe division 2 nurses would need 114 hours and a does this entail? It concerns me if these training courses three-week course, or something, to learn how to use it. can only be done in high-care facilities — that is, in We see diabetic sufferers inject themselves, sometimes nursing homes — and not in lower care facilities such two or three times a day, and I find it amazing that as hostels. In the case of the May Noonan hostel, which division 2 nurses need to be supervised when they I described earlier, this will mean that nurses will have administer a drug. to find work at another facility, leaving May Noonan short-staffed, and the facility where this training needs In conclusion, this legislation is at least going some to occur will need to employ extra staff. way to addressing the concerns of hostels and aged care facilities. I hope the guidelines and regulations, when Apparently the training requires 114 hours of theory they are produced, are not too restrictive; that would and 76 hours of clinical supervision. Who is going to make this legislation meaningless. pay for this extra workload and the increase in salary that division 2 nurses will be entitled to because of their Motion agreed to. extra skills? Health services across the state well Read second time. remember Commissioner Blair’s intervention when the Bracks government first got elected and handed down Committed. new awards and staffing ratios for nurses but refused to pick up the tab. Committee

Regarding the supervised setting, it is not clear to me Clause 1 how the supervision of division 2 nurses by division 1 nurses is to be carried out. Does the division 1 nurse Hon. D. McL. DAVIS (East Yarra) — I seek from need to be looking over the shoulder of the division 2 the Minister for Aged Care some indication as to how nurse every time he or she dispenses a medication or he expects the regulations surrounding the bill to be drug? In country Victoria many hostels do not, and implemented. If he could explain, I am particularly cannot afford to, employ a division 1 nurse in the first interested in the issue of the supervision by division 1 place, and this is one of the very reasons this legislation nurses of division 2 nurses. How does he understand is required. If the guidelines and regulations are too the process by which the regulations would be strict, then, in country Victoria especially, this implemented? How does he see those regulations legislation will be of very little benefit. operating, and what level of supervision would exist for division 2 nurses who are trained to administer medications? NURSES (AMENDMENT) BILL

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Mr GAVIN JENNINGS (Minister for Aged What does this mean in practice? It means that in Care) — I thank the committee for the opportunity to practice, in hospital a division 2 nurse who is outline how the government believes this important appropriately trained and registered within the Nurses reform in relation to administration of medication Board of Victoria will be able to administer certain within the nursing sector will assist and enhance the medications as described by the regulation on the basis degree of work force flexibility within both the health of a written direction by a medical practitioner or other and aged care industries in Victoria. professional and in addition to this must be directly supervised by a division 1, 3 or 4 nurse; and in a To go to the heart of Mr Davis’s question, it is hospital setting this would also be the case, 24 hours a important for the committee to understand that the day, each and every day. scope of practice that would be available to division 2 nurses to administer medication will be determined In an aged care setting you would expect that same through guidelines which have been established and direction to apply. However, it is possible that the will be maintained by the Nurses Board of Victoria division 1, 3 or 4 nurse may not be on site but would be consistent with the responsibility of the nurses board accessible, and the division 2 nurse who is under the Nurses Act, in accordance with the Australian appropriately trained and registered would be obliged to Nursing Council guidelines and in particular the seek and to obtain direction from that appropriate definitions of delegation and supervision, so there will authority. It is the intention of the Nurses Board of be an interlocking consistent regulatory regime. Victoria to implement this regime, to recognise that in the rollout of these new arrangements it is essential that In the first instance the scope of practice that has been there be rigour imposed within that supervisory regime, determined by the nurses board has been developed into and it is a requirement, as indicated in the guidelines, which are currently available on the web second-reading speech, that the Nurses Board of site of the Nurses Board of Victoria. They provide a Victoria will actively monitor this, that it will regularly range of circumstances under which practices can be report on the effectiveness of those supervisory undertaken within the health and aged care sector. practices and that it will review them to ensure that There are a number of key parameters to those rigour is applied within health care settings in Victoria supervision guidelines. In the first instance it is upon the introduction of this new regime. essential for the community to understand that division 2 nurses’ scope of practice requires them to Hon. D. McL. DAVIS (East Yarra) — Further on work under the direction of a division 1, 3 or 4 the purposes clause, I thank the minister for his registered nurse in keeping with the Australian Nursing explanation and indicate that I am considerably Council competencies and standards for registered reassured that both direct and indirect supervision will nurses and enrolled nurses. In addition to this there is a be possible under this system and that where legal requirement that the registered nurses only appropriately trained division 2 nurses are in an aged administer schedule 4, 8 and 9 poisons on the written care setting there will be scope for an arrangement to be instruction of the medical practitioner, dentist or made where they will be indirectly supervised. authorised optometrist as described in the drugs, poisons and controlled substances regulations of 1995. My second question under the purposes clause relates Currently a regulatory impact statement is being to training and the training provisions that are in place. prepared to ensure that those regulations are brought Will the minister outline to the house briefly how he into line with the provisions that are contained within sees the training arrangements operating for division 2 this bill. nurses who will be able to administer the appropriate medications? What number of places will be available? Beyond this, the guidelines that have been prepared by How will the government facilitate the process of the nurses board go on to describe that supervision may ensuring that sufficient numbers of division 2 nurses are be undertaken in either a direct or an indirect fashion. trained to be able to administer medication? Direct supervision is described as being provided when the registered nurse is actually present, observes the Mr GAVIN JENNINGS (Minister for Aged work and directs the person who is being supervised; Care) — As a starting point, the qualifications and the and indirect supervision is being provided when the training that have been established have the active division 1, 3 or 4 registered nurse in the Victorian participation of the Nurses Board of Victoria. They setting is easily contactable but does not directly have been approved by the Victorian Qualifications observe the activities. Authority and the Office of Training and Tertiary Education, the body appropriately designated with the responsibility of ensuring that the administrative NURSES (AMENDMENT) BILL

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arrangements are in place and to make sure that their important aspect of our ongoing commitment. We are training providers meet the standards of the registered absolutely dedicated, after going through the swings training bodies of the providers of those courses, which and roundabouts and enduring the brickbats in getting usually would be a TAFE body. Beyond that the to this stage, to ensuring that we maximise training training itself will be based upon modules of 190 hours opportunities into the future. training, which is 114 hours of theory and 76 hours of practical training in a clinical setting. This regime will Hon. D. McL. DAVIS (East Yarra) — I thank the be made available to approximately 17 000 division 2 minister for that explanation. My final question relates nurses who are currently working within Victorian to the system of mutual recognition that exists between health care settings. the other states of Australia and indeed New Zealand. Will the minister outline how he sees mutual In the first instance the government has provided funds recognition operating in the other states with respect to in this calendar year to train 360 division 2 nurses at an division 2 nurses who are registered and practising their estimated cost of in the order of $500 000. On my division 2 skills, including the administration of recent journey to visit the commonwealth minister I medication, who wish to transfer to Victoria? Under encouraged her, given the enthusiasm of the mutual recognition, will those nurses who are trained commonwealth government to see its rollout of this, to and administering medication as division 2 nurses and look at ways in which we might share this qualified and registered under their state or territory acts responsibility in future, and I was pleased that the be automatically able to undertake the same procedures commonwealth minister is entertaining this. in Victoria — to the extent of Victorian law?

It goes to the heart of the question asked by Mr Drum Mr GAVIN JENNINGS (Minister for Aged in the second-reading stage of this debate about the Care) — That is a very good qualification, because the capacity to roll out training, and we recognise that this extent of Victorian law is the key criterion in relation to is a significant issue. We will make sure that of the answering the question. The interlocking nature of this initial 360 places, there are appropriate opportunities law and the Drugs, Poisons and Controlled Substances for division 2 nurses in regional Victoria to be Act is a central dual-part component of what this new accommodated and to make this training available to scope of practice will be in terms of administering them — but the take-up rate is an issue. We would medication. anticipate there would be a variation in the costs of the training module which may have some degree of The important concept is whether the Nurses Board of elasticity in pricing, perhaps in the order of $1200 to Victoria recognises the qualifications of a nurse who $3000, depending on the training provider and the comes from another jurisdiction into Victoria and clinical settings and the arrangements that may be in whether the underlying qualification is directly place. One size will not fit all, but it is the intention of transferable. There may be some requirement for the government to arrange for flexible arrangements people who cross jurisdictions to undergo some such as part-time training to be available, so the price additional training if it is perceived that their training structure may vary. falls short of the training standard that will be set in the training module that underpins this act. However, it will We anticipate that the government, as a major provider be our intention as much as possible to harmonise the of the service and as an employer, will have an acute qualifications between jurisdictions without allowing a interest in the take-up rate of division 2 nurses diminution of the standard of care that we are expecting increasing their scope of practice. We will actively look within Victoria and the standard of the qualification. at funding places into the future, although I cannot make any undertakings beyond the 500 at the moment. The Nurses Board of Victoria has been participating in We will be encouraging employers to see that this adds a national forum facilitated by the Australian Nursing to their flexibility and will assist in the pricing structure Council to find a way that will ensure harmonisation of their work force to pay for those training modules takes place. There is mutual recognition in accordance We anticipate that it will be an attractive option for with the Mutual Recognition (Victoria) Act, and the employers. obligations under this act and the Drugs, Poisons and Controlled Substances Act is, as much as possible, to I understand that Mr Drum was concerned about the allow for people to cross jurisdictions in a way that we potentially onerous cost for the nurses themselves. We can have confidence that it will not diminish the would anticipate that this would be driven at the level standard of care and the standard of qualification in this of employer, although there will be capacity for people act. to fund themselves. We recognise that this is an BUSINESS OF THE HOUSE

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Hon. D. K. DRUM (North Western) — I thank the That the bill be now read a third time. minister, and I also thank him for his answers during In so doing I thank all members who have contributed the committee stage. I would like to ask him about the to the debate and the opposition parties for allowing the currency of competencies. Does more work need to be speedy consideration of this matter today and the done on the currency of competencies, or will the passage of the bill. current system, which effectively calls for nurses to be aware of their own capabilities and be responsible for Motion agreed to. their own actions, be safeguard enough as a new range of nurses with new skills are introduced? Read third time.

Mr GAVIN JENNINGS (Minister for Aged Remaining stages Care) — I appreciate Mr Drum’s question and the concern that underlies it. Part of the reason why the Passed remaining stages. government and other players have been criticised about the slow preparation of this legislation, the new guidelines and the new training has been the absolute BUSINESS OF THE HOUSE rigour that every stakeholder within the sector in Victoria has maintained in ensuring that standards do Adjournment not slip and that the highest standards of professional Mr LENDERS (Minister for Finance) — I move: care, responsibility and obligation are met. That the Council, at its rising, adjourn until Tuesday, Part of the reason why we might have been perceived 20 April. as moving too slowly is that we do not want to see standards slipping and do not want to make any patient Motion agreed to. in the Victorian health care setting vulnerable. All the players, including the government and the Nurses Board of Victoria, will continue to be vigilant on this ADJOURNMENT question. We would anticipate, as part of the evaluation Mr LENDERS (Minister for Finance) — I move: being done by the Nurses Board of Victoria, that there will be active reporting on the standards of care and the That the house do now adjourn. quality of action that is now available under the broadening of the scope of practice. We would expect Whitehorse: councillors to be continually vigilant on that question. Hon. BILL FORWOOD (Templestowe) — The Whether there is any particular issue where standards issue I wish to raise tonight, through the Minister for may be brought into question, there is ample scope Sport and Recreation, is with the Minister for Local within the domain and responsibility of the Nurses Government. As the minister would know, I am the Board of Victoria to examine and make determinations shadow Minister for WorkCover. If members go to on the appropriate ongoing registration of any particular WorkCover’s web site they will see a sign saying, nurse in Victoria. There are also opportunities under the ‘Prevent bullying and violence at work’. That goes to responsibility of the health commissioner to make the heart of the issue I wish to raise. similar decisions and determinations about the quality of care. We think the combination of those review On the night of 18 March, two weeks ago, the City of processes and the sanctions that may be applied, Whitehorse held its annual business awards. At the end particularly in relation to the Nurses Board of Victoria, of those awards, Cr Peter Allan and Cr George will maintain the highest scrutiny of those standards. Droutsas invited Cr Sharon Partridge to the Blackburn Hotel for a cup of coffee. What happened during that Clause agreed to; clauses 2 to 12 agreed to. cup of coffee goes to the heart of good governance in local government, because by the time Crs Droutsas Reported to house without amendment. and Allan had finished with Cr Partridge she was sobbing at the table. They, of course, then left her there Report adopted. sobbing late at night. I am advised it was 11.30 p.m. when they first arrived at the hotel. Then Cr Droutsas, Third reading who I understand is only young — 24 or 25 — Mr GAVIN JENNINGS (Minister for Aged proceeded to suggest to Cr Partridge that, ‘The Care) — I move: collective will go after you if you don’t toe the line’. In ADJOURNMENT

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other words this was an attempt by two councillors to Doveton-Eumemmerring neighbourhood renewal silence another councillor. As I said, by the time they project, and I understand the City of Casey has also had finished with her she was in tears. allocated $1 million for improvements to public space, capital assets and local services. The project will One of the things that was said to her in the course of enhance housing and the built environment with this conversation was, ‘We control the council and we $810 000 allocated for the financial year to upgrade will not give you anything at all’. I suggest members 100 properties; boost employment and training look at the web site for this council. They will find opportunities, creating up to 49 jobs through the there are 33 official council appointments, and she is community jobs program; improve community safety not one. Every other councillor on that council has been and reduce crime; and promote health and wellbeing. given an official council position — but not Cr Partridge. Other communities within my electorate are socioeconomically disadvantaged just like the We have a situation where one of the two independent Doveton-Eumemmerring community. I therefore councillors on this council has been taken away by the request that the minister provide some advice as to how young bovver boy, the foot soldier, the thug from Mike other communities in my electorate, which are not Danby and Luke Donnellan’s office, the numbers boy, designated neighbourhood renewal sites, can benefit the Labor Party hit man, in an attempt to silence an from the actions the Bracks government is taking independent councillor. I say to members opposite: if through this highly successful program. they are behaving like this in councils, where else will it go? This is a case where a woman was browbeaten by Shop trading hours: Easter Sunday two thugs from the Labor Party and was left in tears. Hon. B. N. ATKINSON (Koonung) — I wish to The PRESIDENT — Order! The member’s time raise a matter with the Minister for Small Business. The has expired. matter I bring to her attention and on which I seek some guidance is to do with Easter Sunday trading. I note that Local government: neighbourhood renewal during the break between sittings the government made a further backflip on the Easter Sunday trading fiasco Mr SOMYUREK (Eumemmerring) — I raise a and has now allowed hardware chains to open on Easter matter for the attention of the Minister for Local Sunday, particularly the Mitre 10 and Bunnings Government, who is also the Minister for Housing, warehouse groups, which are retailers that generate concerning the government’s neighbourhood renewal more than $1 billion in sales and therefore are program, which aims to narrow the gap between some businesses that I would not really regard as small of the most disadvantaged communities in Victoria and businesses, which surely was the import of the Easter the rest of the state by bringing together and building on Sunday trading changes that were made by the state the expertise and resources of local residents, local government. governments, local businesses and local service providers. Indeed, contrary to what the minister said about people having a day off or a holiday on Easter Sunday, we now Last month I had the pleasure of accompanying the have a holiday that is determined by who you work for minister to the launch of the Doveton-Eumemmerring rather than any other particular provision. Somebody neighbourhood renewal program at Autumn Place in who works for Bunnings, which is, as I said, a Doveton. This launch included a sausage sizzle, $1 billion-plus retail business, has to work, whereas Aboriginal face painting and a performance by Doveton somebody working for Coles supermarkets, which also North Primary School choir, Doves on the Run. The have multibillion dollar sales, is not allowed to work on Doveton-Eumemmerring neighbourhood renewal that day. It again continues the anomalies of this entire program is the first neighbourhood renewal project to process. include a formal partnership between local governments and state government, thus putting into What concerns me more about this situation is that the effect the state government’s commitment to work in Melbourne City Council believes it was not worth partnership with local governments and to strengthen while lodging an application to seek an exemption this communities. year for Easter Sunday trading, because it had been dissuaded by the government’s advice last year about Each project is governed by a committee encouraged to its potential to actually open, despite the fact that the comprise 40 per cent of local residents. The Bracks Melbourne central business district area is a government has allocated $1.6 million for the considerable tourist mecca. I am also concerned about ADJOURNMENT

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Swan Hill, which last year had approval for trading on debate should be used, and I ask you to rule that Easter Sunday but this year was denied the opportunity Ms Darveniza’s contribution is a speech. to trade on Easter Sunday under the government’s regulations. The PRESIDENT — Order! With respect to the rulings that I have made, I asked members to take four I ask the minister to provide me with the details of points into account: to indicate to whom the matter is those people who made applications for Easter Sunday being directed, and the member has done that; to give a trading this year who were denied the opportunity to brief resume of the facts, and the member has done that; trade and to explain in particular why the Swan Hill and there are two more points to be achieved following area has not received approval this year when it had that ruling of October last year, which were to set out approval last year. the request, query or complaint, then to suggest the action sought. The member is halfway through her Step into Voluntary Work program: promotion allotted time; she has met half the points and has a minute and a bit to fulfil them. I ask the member to be Hon. KAYE DARVENIZA (Melbourne West) — cognisant of that ruling and address those two The issue I wish to raise for the attention of the Minister outstanding areas. assisting the Premier on Multicultural Affairs relates to the recent announcement made by Minister Hon. KAYE DARVENIZA — Given that my Pandazopoulos of a grant of $196 000 from the electorate of Melbourne West is one of the most Community Support Fund to support more migrant culturally and linguistically diverse areas in Melbourne, women to become community volunteers. I I would like to know what is being done to ensure that congratulate the minister on this grant. The funding will my constituents are made aware of this important build on the $362 000 of funding which established the training opportunity. I believe the program is an first stage of the Step into Voluntary Work program. excellent one, particularly for migrant women, as it The additional grant involves training workers in offers a combination of skills and learning community organisations to recruit, train and support opportunities: it offers opportunities to learn English — women from culturally and linguistically diverse there is language training, formal education — and it backgrounds who want to do voluntary work. also includes on-the-job volunteering experience in that range of important community organisations that I have The Australian Multicultural Foundation will train already outlined. community organisations such as Parks Victoria, the Australian Red Cross, the Melbourne 2006 Again, I want to congratulate the minister for Commonwealth Games Corporation, the Association of establishing this program with the Community Support Neighbourhood House and Learning Centres, Fund, which will give culturally and linguistically Volunteering Victoria, the Cancer Council Victoria, the diverse women the confidence and the skills to be more Immigration Museum, volunteer resource centres, involved in the broader community. Family Court networks as well as the Adult Migrant Education Service. Hon. Bill Forwood — Further on the point of order, President, we have all been listening very carefully to Hon. Bill Forwood — On a point of order, the completion of Ms Darveniza’s contribution. In the President, I have been listening carefully to the end what she requested, I suspect, was that action be contribution from the member for Melbourne West taken to make people aware — I think they were the Province. I suggest that what we have now is a set words she used — and I put it to you that that is speech. completely outside the guidelines that you just adumbrated in the house. An honourable member interjected. The PRESIDENT — Order! The member for Hon. Bill Forwood — It started with a Melbourne West Province asked the minister to advise congratulation to the minister in relation to the second her what action the minister is taking to advise her amount of funds made available for this program, it constituents of those facilities. That was the request; she then talked about the first amount of funds that have asked the minister to advise her about that. I believe the been available for the program and then listed all the action that has been asked of the minister by the various organisations that have been granted funds to member is in line with the ruling I made in October. be used in this way. I put it to you, President, that that is not the purpose of the adjournment debate. In your Hon. W. A. Lovell — Further on the point of order, recent guidelines you indicated how the adjournment President, when I asked the Minister for Small Business ADJOURNMENT

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to advise me of something you ruled that adjournment expected. He is very good at speaking the speak, but he issue out of order. is not so good at living by his words and implementing policy to the benefit of Victorian consumers. Consumer and tenancy services: delivery Mr Lenders is now offering a mobile unit service to thousands of Victorian consumers — he is sacking staff Hon. A. P. OLEXANDER (Silvan) — I seek the across Victoria, and he is closing offices. assistance of the Minister for Consumer Affairs on an issue about consumer and tenancy services. Tenancy Will the Minister for Finance accept the advice of many and consumer services play a key role in advising, of his backbench colleagues, many in the community advocating and settling issues which can be complex, and the opposition and review this terrible decision and time consuming and difficult for all parties. They are restore these services to Victorian consumers? instrumental in providing assistance to some of our most vulnerable community members, including those Pap smear tests: Geelong who have disabilities, literacy or language difficulties. Ms CARBINES (Geelong) — I wish to raise a Consumer and tenancy issues can be highly complex. matter with the Minister for Health in the other place In his media release of 5 March, the Minister for concerning recently published data detailing a decline Consumer Affairs, Mr Lenders, said, ‘We understand in the number of Geelong women who have regular the need for face-to-face consumer and advocacy Pap smear tests. An article in the Geelong Advertiser of services’. It is unthinkable that by removing consumer 24 March is headed ‘Decline in Geelong Pap tests’ and and tenancy offices the minister can claim he explains there has been a 4 per cent drop in the number understands the need for consumer and advocacy of women across the Barwon region who have these services at all. tests. Indeed, at 64 per cent Geelong women are well below the national target of 90 per cent. This is very I refer to the latest discussion paper or inquiry, so to disturbing news given that PapScreen Victoria speak, from the Bracks government entitled What Do manager, Kate Broun, has stated: We Mean by ‘Vulnerable’ and ‘Disadvantaged’ Consumers? I will tell the Bracks government what we ... we know that if women have regular Pap smears, we can in the Liberal Party mean by vulnerable and prevent up to 90 per cent of cervical cancers. disadvantaged consumers: they are the members of the Given the important role that these tests play in Victorian community whose services the Bracks screening for cancer, PapScreen Victoria research has government is taking away. I am not sure if shown — and this is detailed in the article — that Minister Lenders has misled Parliament by suggesting embarrassment, lack of an appropriate doctor, putting today in question time and in his media release of off appointments and busy schedules all deter women 5 March that consumers will benefit from these from having these tests. Disappointingly it seems that changes, or if the test of time will simply demonstrate Geelong women are no exception. In raising this matter that he and his government are incompetent. This is a as a member for Geelong Province I encourage all very simple proposition. I will give the government the women in my region to ensure that their health is answer now. Vulnerable and disadvantaged consumers accorded a high priority, and to ensure that they have a are the people across my electorate and throughout Pap smear test every two years. As Ms Broun said in Victoria who are outraged by his decision — and the this article: government only need pick up a local paper to know this. Having a test every two years saves lives.

The report ridiculously entitled The Way Forward What action can the Minister for Health take to promote compiled by Mr Scheffer, a member for Monash the importance of Pap smear screening to women in the Province, says: Barwon region?

A small but important number of people, whose Fishing: trout circumstances make them vulnerable in the marketplace, need additional information and face-to-face support... Hon. E. G. STONEY (Central Highlands) — I raise This is very interesting because that face-to-face a matter for the attention of the Minister for support now is being ripped away by this government. Environment in the other place regarding maintaining a reasonable population of trout in our premium cold Mr Lenders is now forcing the Shepparton and water trout streams. I point out that the trout population Wodonga services to close 10 weeks earlier than has absolutely collapsed in a lot of our rivers, including ADJOURNMENT

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those not affected by bushfires, and something must be years. There are significant community concerns about done about it in order to preserve the tourism created by this trust, including the lack of a public and transparent fishing in those areas. planning process. This lack of process is one of the key reasons why the groups walked out, and they should be The situation is affecting tourism. People cannot catch a applauded for their courageous action. fish, therefore they will not return. The department has not done any sort of research on fish numbers in these The following was said by Mr Bob Stewart, president rivers for some years, and perhaps it does not intend to of the Southern Peninsula Rescue Squad: do much about it at all. It does have a secret policy of not stocking rivers because trout are not native fish. In The whole process has lapsed into petty politicking, with no regard for the interests of either the local community or the fact many people believe that the department has an wider Victorian community ... I have been threatened with agenda to reduce trout numbers in favour of native fish, legal action, and I have been stood over to sign letters that say even in rivers that are not suitable for native sporting things I do not believe. This is not how a public process fish. It is therefore a matter for government to intercede should be run. and answer the basic question: do we or do we not It’s four months since the parliamentary secretary for defence foster non-native fish in our rivers? announced a trust would be set up, and nothing but trouble has happened since. If the bushland is to become a national I believe the government must outline and enunciate a park and the master plan is acceptable as a concept, then let it clear policy on trout and native fish and how they happen and hand it over to the state authority. Stop the co-exist and must manage their co-existence in our name-calling and get on with it. rivers. If this basic philosophical issue is not resolved, On Sunday the commonwealth government handed the hiatus that has existed for 10 years will continue. over 17 hectares of Point Nepean, locally know as Police Point. The handover on Sunday was again a I point out that it is possible to manage streams so that cynical exercise on behalf of the commonwealth native fish can exist in some streams, trout can exist in government to divide the community, as indeed it other streams and small native fish can exist in our wishes to divide Point Nepean. Unfortunately now the headwaters. It is possible to manage all that; it is just a council has been dragged into the issue. I have a great matter of applying ourselves to how best we do that. At deal of respect for the councillors of the Mornington present it has not been decided how we should do it. Peninsula, and I believe it is most unfortunate that they The whole situation is chaos and, as I said earlier, the now are being used as pawns in a cynical political trout populations have collapsed. exercise. There is no stocking of premium trout waters in I ask the minister to lobby the commonwealth Victoria of any note. There is stocking of government to give the people of the Mornington impoundments but no stocking of our premium trout Peninsula, and indeed all Victorians, what they want — streams. Together with fishing, drought and bushfires, that is, one national park and one manager. that has caused trout populations to collapse. The department claims that rivers are self-sustaining, but I Western Port Highway, Lyndhurst: traffic say very strongly that this is not true. I ask the minister control to make a decision which will foster both native fish and the introduced trout in Victorian rivers. I believe Hon. R. H. BOWDEN (South Eastern) — This is that can be done, so I ask him to look at how best it can the seventh time since 17 September last year that I be done so that stocks are maintained at reasonable have raised this issue, and I will continue to raise it until levels for the good of Victoria’s economy. the government starts to listen. It is to do with the important issue of the capacity of the Western Port Point Nepean: future Highway at Lyndhurst. The arrogant attitude of VicRoads and the non-cooperation of the City of Casey Hon. J. G. HILTON (Western Port) — My is causing appalling trouble in relation to the capacity of adjournment matter this evening is for the attention of the Western Port Highway. Lights are being planned the Minister for Environment in the other place. The and installed, and this is definitely against the interests issue relates to Point Nepean, and unfortunately the of motorists in the area. saga continues. On 24 March this year the Southern Peninsula Rescue Squad and Maritime Museums of VicRoads is not taking care to protect the efficiency of Victoria walked away from the commonwealth this highway and indeed is cooperating with the City of government’s proposed Point Nepean community trust Casey to ensure that designs of subdivisions not yet which it has set up to manage Point Nepean for five constructed will obstruct the efficiency and capacity of ADJOURNMENT

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this very important arterial road. One set of lights has I am also concerned about the fact that only one already been installed but not yet commissioned. I have councillor saw fit to meet with the minister to discuss a letter from the minister advising that the lights will be ways and means of improving — — commissioned and that a lower speed limit of 90 kilometres per hour will be put on this very Hon. Bill Forwood — Name him! important road. Mr SMITH — It was the ex-mayor, Cathy Wilson, The Minister for Transport in the other place has the who was the only one to discuss ways and means of opportunity to educate VicRoads as to its improving all aspects of that road to benefit Frankston, responsibilities as thousands of motorists require a in exactly the same way as the City of Greater definite capacity to be maintained. There is congestion Dandenong council has done. It has met with the now, and it will get worse. On one stretch of that road government to discuss ways and means of improving at least three and maybe four sets of lights can be the area as a result of that roadway. Frankston council expected to be installed, and that will cause havoc on needs to do the same thing. It needs to understand that it this very important regional artery. is over; this tolling is a done deal, and it is going to happen. The pattern of dumping suburban traffic onto major arteries is a well-known signature of VicRoads, and it The issue of funding the Frankston Business Chamber’s simply has to cease. We only have to look at recent campaign is absolutely abhorrent as far as I am exercises on the South Gippsland Highway, where concerned. We saw the very worst of the Liberal between Lyndhurst and Cranbourne the efficiency of supporters in the council chamber and the thuggery that road has been dramatically cut because of the they got up to on Monday when they attacked the installation of traffic lights on nearly every intersection Labor councillors on the floor of the chamber in a most over a substantial stretch of road. It is a pattern we disgraceful manner — a matter that has been reported cannot afford to continue in the arterial road system, in the Herald Sun, and a matter that has been reported particularly in the south-east, and it simply has to stop. to the police. It is an absolute disgrace.

I have to inform honourable members that the attitude The reality is that this is an overt political campaign. and the arrogance of VicRoads is deplorable. It is The proof of the pudding of that statement is the fact appalling, and its connivance and regular interaction that the man responsible for coordinating this campaign with councils is totally unacceptable. VicRoads is for the Frankston Business Chamber is a Mr Scott uncaring, and it needs to understand that part of its Rankin. Now — shock, horror! — Mr Scott Rankin is responsibility — indeed a major responsibility — is to not only a failed candidate at the last state election but look at the safety and also the maintenance of the also happens to be the brother-in-law of the federal capacity of these important roads. VicRoads seems to member for Dunkley, Mr Bruce Billson. Tell me this is have forgotten the ability to put overpasses over not a political stunt. Of course it is a political stunt, but important intersections. how dumb of Mr Rankin to have admitted that he is the brother-in-law of Mr Billson. My question is: will the Minister for Transport please require VicRoads to cease ruining the Western Port What a joke this is, what a farce. They need to pull their Highway capacity with unnecessary traffic lights and heads in on the Frankston council and get on with the not commission the lights now installed at Lyndhurst? business of delivering — — Mitcham–Frankston freeway: tolls: The PRESIDENT — Order! The member’s time has expired; however, the minister should not respond Mr SMITH (Chelsea) — I wish to raise a matter for to the member’s request because he did not make a the Minister for Transport in the other place through the request to the Minister for Transport in the other place. Minister for Sport and Recreation. The matter concerns the ongoing saga of the Frankston City Council funding Agriculture: genetically modified crops a political campaign to assist the Frankston Business Chamber in attacking this government on tolling of the Hon. B. W. BISHOP (North Western) — I direct Mitcham–Frankston road. I state clearly that I am not my adjournment matter to the Premier. It concerns the opposed to the council engaging in a political Bracks government’s proposal to impose a four-year campaign, because that is its right, as so too it is the moratorium on the commercial planting of genetically right of the business chamber, but it has no right to modified (GM) canola in Victoria. Those of us expend ratepayers funds to do it. involved in the production of food and fibre see this as ADJOURNMENT

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a head-in-the-sand attitude and one that will put concerns the special rates and charges legislation and Victorian agriculture a generation behind in research the difficulty that strip shopping centre tourist and development. This backward step flies in the face promotion schemes and economic and community of the government’s own Lloyd report that examined development projects now face in calculating a export and market implications and the ability of the proportion of the total benefit to allow them to continue industry to segregate GM and non-GM products. with this charge.

The Lloyd report recommended commercial trials of Will the minister take action to address the concerns GM canola in Victoria — a practical move and one that raised by many communities or is she happy to see I fully support — so that we can carefully test the them collapse? I have an article from the Stonnington concerns some people have raised in the debate, and I Leader dated 1 March headed ‘Shock for traders — completely understand their concerns. Unless the fear for loss of strips’ identities’, which states: government changes its decision and allows these commercial trials to proceed we will send a message to Moves to change the way Stonnington’s five retail strips are promoted are ‘ludicrous and ill timed’, traders say. the world that we do not want to be a leader in biotechnology — a claim that I have noticed the It continues by saying that promotion of the strips, Minister for Innovation, Industry and Regional which include Chapel and High streets and Toorak and Development has trumpeted recently. Glenferrie roads, Armadale, Malvern and South Yarra, will collapse, as will promotions carried out on behalf I remind the house that one of our toughest competitors of the Heidelberg Central shopping precinct and has been growing GM canola since 1996 and has Whitehorse City Council. I could go on and on about a successfully sold into its markets, where millions of television receiver in another shire and garbage people have eaten billions of meals using canola oil collection at Dinner Plain. without any problem. Leading journalist, Andrew Bolt, in his column in the Herald Sun of Sunday, 28 March, Does the minister agree with the member for Prahran, said: who recently stated that the growth in tourism, particularly international tourism, is part of the ongoing This will cost us. Dr Robert Norton of Melbourne University’s school of agriculture and food systems says GM revitalisation of the Chapel Street and Toorak Road canola will add $135 million a year to Australia’s harvest and business precincts? If one looks at the Toorak Road let farmers use 640 tonnes less triazine herbicide. And our area, which a few years ago was in the doldrums, one claims to be at the cutting edge of the biotech industry are finds that there has been a significant increase in exposed as a joke. Green bull baffles brains here, which is business activity there, and a large part of that is why Monsanto, which bred a GM canola, is thinking of pulling out of this silly country. because when international tourists come to Melbourne they go to Chapel Street and Toorak Road. This is a I note that on 3 March 2004 the European Food Safety direct result of the special rates and charges levied on Authority said a genetically modified rapeseed those traders, which they were happy to pay and which produced by Monsanto was safe for human and animal are now in jeopardy. It is not possible to calculate the consumption. This decision by the EFSA, which proportion of total benefit of those sorts of schemes. advised the European Union Commission on food The action I seek is for the minister to rethink the safety issues, moved the commission a small step closer special rates and charges legislation and simply to revoking the unofficial ban it placed on genetically differentiate between capital works such as drainage, modified foods in 1998. The world is moving on, and footpaths and roadworks as opposed to marketing, we must move with it or be left behind. promotion, advertising and the management of those schemes. Not to proceed is turn-out-the-light-as-you-leave stuff. These commercial GM trials must continue, otherwise Hospitals: rural and regional we will be the laughing-stock of the world every time we talk about research, development and Hon. DAVID KOCH (Western) — My matter for biotechnology. I request the Premier to call off this the Minister for Health in the other place relates to ill-conceived policy of no trials and reinstate the financial cutbacks to country hospitals that mean the commercial GM canola trials immediately. closure of beds and the cancellation of elective surgery. At least two major hospitals in regional Victoria are Local government: strip shopping centres being forced to close hospital beds and cut elective surgery in an effort to avoid falling into multimillion Hon. J. A. VOGELS (Western) — I raise a matter dollar deficits. These admission limits are causing for the Minister for Local Government, Candy Broad. It ADJOURNMENT

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serious concern to senior medical staff, who are not relation to hospital funding. My issue is specifically able to perform elective surgery on patients who are in regarding the forced service cuts at the Bairnsdale urgent need. Doctors have warned that patients will Regional Health Service. I call on the health minister to face unnecessary waits for elective surgery, leaving provide that service with sufficient additional funding country people with unacceptable health support. to avoid any of the announced cuts to hospital services.

Both the Hamilton and Bairnsdale hospitals are facing Faced with an operating deficit in the vicinity of budget shortfalls due to a lack of sufficient funding for $1.1 million at the end of January, earlier this month the rising admission rates — in Hamilton’s case by 14 per board of the Bairnsdale Regional Health Service was cent, although the minister claims that funding for the forced to make some significant cuts to services at the Hamilton Base Hospital has risen by 25 per cent since hospital. They included a cut to elective surgery the Bracks government came to power in 1999. As an services across the board by 15 per cent, severely immediate past board member, I can assure the house reduced gynaecology, ear, nose and throat, that these numbers are mythical with consumer price ophthalmology, orthopaedic and urology services and index increases not even being maintained. Funding the closure of 10 inpatient beds. increases have never covered the enterprise bargaining agreement undertaken by the government, leaving The demand for services has exceeded those for which country Victorian hospitals with real and serious the service is funded, and I might add that the increase deficits. in demand is totally due to increased local needs and the availability of medical staff to deliver those Along with many other country hospitals, Hamilton is services. If there is a genuine need for a service, then I being financially squeezed at a time when there is a believe that service should be fully funded, especially in growth in demand. The Bracks government has failed rural areas where it is a well-recognised fact that the to provide adequate funding to meet community health status of rural Australians, including rural demand in health services. The minister has implied Victorians, is far less than that of people who live in that the funding problems are caused by cities around this country. mismanagement by hospitals. This is simply not true. Hospitals across the state have run up deficits totalling East Gippslanders are isolated relative to the other more than $120 million due to flawed funding models major health service providers in this state, Bairnsdale 1 and failure to recompense hospitals for salary increases. being some 3 /2 hours from Melbourne. Other residents The government continues to break funding promises at in the East Gippsland health service catchment area are 1 a cost to country health services. up to 6 /2 hours away from areas of Melbourne. These people are entitled to receive an adequate service where This government’s unwillingness to provide proper there is a need and where there are the health funding to country public hospitals means that country professionals to provide it. I call on the minister to people must continue to wait for elective surgery, in provide the required funding for health services in many cases with pain and discomfort. The government Gippsland to ensure that the services the board is being must immediately address this serious problem. In the forced to close are kept open. With its announced next few months more than 180 patients are expected to budget surplus this government has sufficient funds to have their surgery cancelled or at best delayed at the provide that, and I urgently call on the health minister Hamilton hospital due to funding shortfalls. to dip into those funds to ensure that the people of East Gippsland are not further disadvantaged by the forced Will the minister qualify his claim of a 25 per cent cut in health services provided by the Bairnsdale growth in the budget at the Hamilton hospital, Regional Health Service. particularly to the operating budget between 1999 and 2003? Will he guarantee to review the serious shortfall Responses in country hospital operating budgets and ensure that regional patients are not forced to endure unnecessarily Hon. J. M. MADDEN (Minister for Sport and long waiting periods to undergo much-needed surgery? Recreation) — The Honourable Bill Forwood raised matters regarding the Whitehorse City Council, and I Bairnsdale Regional Health Service: funding will bring those to the attention of the Minister for Local Government. Hon. P. R. HALL (Gippsland) — Tonight I want to raise an extremely urgent issue for the attention of the Mr Somyurek raised matters relating to the Minister for Health in another place, and it follows on Doveton-Eumemmerring neighbourhood renewal the comments made by my colleague Mr Koch in ADJOURNMENT

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program, and I will refer them to the Minister for Motion agreed to. Housing. House adjourned 10.15 p.m. until Tuesday, 20 April. The Honourable Bruce Atkinson raised matters regarding Easter Sunday trading provisions, in particular their application in the Swan Hill region, and I will raise them with the Minister for Small Business.

The Honourable Kaye Darveniza raised the issue of the Community Support Fund and trainers for volunteer recruitment within the multicultural community. I will draw that to the attention of the Minister assisting the Premier on Multicultural Affairs in another place.

The Honourable Andrew Olexander raised the matter of consumer tenancy services in Victoria, and I will refer that to the Minister for Consumer Affairs.

Ms Carbines raised the matter of the decline in Pap smear tests in the Geelong and Barwon regions, and I will refer that to the Minister for Health in the other place.

The Honourable Graeme Stoney raised the matter of trout in cold water streams, and I will raise that with the Minister for Environment in the other place.

The Honourable Geoff Hilton raised the matter of the ongoing Point Nepean saga, and I will draw that to the attention of the Minister for Environment in the other place.

The Honourable Ron Bowden raised the matter of the Western Port Highway at Lyndhurst, and I will draw that to the attention of the Minister for Transport in the other place.

The Honourable Barry Bishop raised the matter of genetically modified canola, and I will refer that matter to the Premier.

The Honourable John Vogels raised the matter of special rates and charges on strip shopping centres, and I will draw that to the attention of the Minister for Local Government.

The Honourable David Koch raised the matter of country hospital beds and elective surgery, and I will draw that to the attention of the Minister for Health in the other place.

The Honourable Peter Hall raised the matter of the Bairnsdale Regional Health Service and service provision in the region, and I will draw that to the attention of the Minister for Health in the other place. JOINT SITTING OF PARLIAMENT

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Wednesday, 31 March 2004 represented in the Senate by Senator the Honourable Richard Kenneth Robert Alston.

JOINT SITTING OF PARLIAMENT Mr DOYLE (Leader of the Opposition) — I second the proposal. Senate vacancy The PRESIDENT — Order! Are there any further Honourable members of both houses met in proposals? Assembly chamber at 6.15 p.m. As no other members have been proposed, I declare The Clerk — Before proceeding with the business that Mr Mitchell Peter Fifield has been chosen to hold of this joint sitting it will be necessary to appoint a the place in the Senate rendered vacant by the President. I call the Premier. resignation of Senator the Honourable Richard Kenneth Robert Alston. Mr BRACKS (Premier) — I move: Mr BRACKS (Premier) — I move: That Judy Maddigan, Speaker of the Legislative Assembly, be appointed President of this joint sitting. That the President of the joint sitting inform the Governor that Mr Mitchell Peter Fifield has been chosen to hold the place in Mr DOYLE (Leader of the Opposition) — I second the Senate rendered vacant by the resignation of Senator the the motion. Honourable Richard Kenneth Robert Alston.

Motion agreed to. Mr DOYLE (Leader of the Opposition) — I second the motion. The PRESIDENT — Order! I thank honourable members for the nomination. I call the Premier. Motion agreed to.

Mr BRACKS (Premier) — President, I desire to Mr INGRAM (Gippsland East) — I object to the submit the rules of procedure, which are in the hands of process for filling casual vacancies, so I would like my honourable members, and I accordingly move: dissent to be recorded.

That these rules be the rules of procedure for this joint sitting The PRESIDENT — Order! The member for to fill the Senate vacancy Gippsland East has asked that his dissent be recorded.

Mr DOYLE (Leader of the Opposition) — I second Mr SAVAGE (Mildura) — Likewise, I wish my the motion. dissent to be recorded on the same grounds.

Motion agreed to. The PRESIDENT — Order! The member for Mildura has asked that his dissent be recorded. The PRESIDENT — Order! The rules having been adopted, I am now prepared to receive proposals for the I congratulate the new senator for Victoria. There being appointment of a person to hold the place in the Senate no further business, I now declare the joint sitting rendered vacant by the resignation of Senator the closed. Honourable Richard Kenneth Robert Alston. Proceedings terminated 6.20 p.m. Mr BRACKS (Premier) — I propose:

That Mr Mitchell Peter Fifield hold the place in the Senate rendered vacant by the resignation of Senator the Honourable Richard Kenneth Robert Alston. I understand that Mr Mitchell Peter Fifield is willing to hold the vacant position if chosen.

In order to satisfy the joint sitting as to the requirements of section 15 of the commonwealth constitution, I also declare that I am in possession of advice from the Leader of the Opposition that the nominee is the selection of the Liberal Party, the party previously

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QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 99

QUESTIONS ON NOTICE

Answers to the following questions on notice were circulated on the date shown. Questions have been incorporated from the notice paper of the Legislative Council. Answers have been incorporated in the form supplied by the departments on behalf of the appropriate ministers. The portfolio of the minister answering the question on notice starts each heading. Wednesday, 31 March 2004

Treasurer: Spencer Street station project

167. THE HON. BRUCE ATKINSON — To ask the Minister for Finance (for the Honourable the Treasurer): With reference to the Auditor General’s finding that the $1 billion Spencer Street Station contract with Civic Nexus consortium is now recognised in the budget papers as a liability, what has been the impact of this accounting recognition on the State Budget papers, and in particular, the State Government’s debt profile.

ANSWER:

I am informed that:

There is an amount of $436 million recorded as a liability in the State’s Budget Papers within the 2005-06 projected Statement of Financial Position. This liability impacts the State’s net debt by the same amount ($436 million) and was reflected in the Government’s net debt projections as published in the 2003-04 Budget. The $436 million represents the present value of the State’s payment obligations over the life of the contract discounted back to today’s dollars. On the other side of the State’s ledger there is an asset that reflects the fair value of the Spencer St Station facility that also appears in the Statement of Financial Position from 2005-06.

Treasurer: Spencer Street station project

168. THE HON. BRUCE ATKINSON — To ask the Minister for Finance (for the Honourable the Treasurer): Why is it that the Civic Nexus contract with the State Government is for $341 million, and not $234.4 million.

ANSWER:

I am informed that:

The reason that the contract with Civic Nexus is for $341 million, and not $234.4 million is because:

– the $341 million figure was the present value of the payment stream (only) by the State over the life of the contract to Civic Nexus at the time of financial close (excluding GST); – the $234.4 million figure was an initial estimate, by external financial advisors, of the net present value to the State for the construction and operation of the proposed facility by the private sector, including a payment to the State for development rights as part of the ‘business case analysis’. This estimate was subsequently used in the analysis to establish the final Public Sector Cost benchmark of $301m.

The Auditor General in his report to Parliament stated that the independent probity auditor concluded that the tender process was conducted fairly and impartially, and all bidders were evaluated in accordance with agreed criteria. QUESTIONS ON NOTICE

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Police and emergency services: electorate office opening

365. THE HON. ANDREW BRIDESON — To ask the Honourable the Minister for Energy Industries (for the Honourable the Minister for Police and Emergency Services):

(a) What amount of taxpayers funds were spent at the opening of the Minister’s electorate office and ministerial office between 30 November 2002 and 10 April 2003 on — (i) food; (ii) alcohol; (iii) labour costs; and (iv) other incidental expenses.

(b) What amount of taxpayers funds have been spent by the Minister between 30 November 2002 and 10 April 2003 in the carrying out of ministerial duties on — (i) food; (ii) alcohol; (iii) labour hire; and (iv) other incidental expenses.

ANSWER: a) There has been no official opening of my electorate or Ministerial office within the time period specified. b) Records are not available for the periods specified but I have been advised that from 1 December 02 to 31 March 03, the following expenses have been incurred as part of my official duties as a minister: (i)- meetings and hospitality $1,997 (ii)- temporary staff $8,677 (iii)- incidentals $1,689.

Treasurer: electorate office opening

367. THE HON. ANDREW BRIDESON — To ask the Minister for Finance (for the Honourable the Treasurer):

(a) What amount of taxpayers funds were spent at the opening of the Treasurer’s electorate office and ministerial office between 30 November 2002 and 10 April 2003 on — (i) food; (ii) alcohol; (iii) labour costs; and (iv) other incidental expenses.

(b) What amount of taxpayers funds have been spent by the Treasurer between 30 November 2002 and 10 April 2003 in the carrying out of ministerial duties on — (i) food; (ii) alcohol; (iii) labour hire; and (iv) other incidental expenses.

ANSWER:

I am informed that:

(a) The Treasurer’s electorate office does not fall under the administration of Government or his responsibilities as Treasurer. There was no official opening of the Treasurer’s ministerial office.

(b) The research required to provide a response to the remainder of the question would place an unreasonable burden on the time and resources of the Treasurer’s office.

Attorney-General: electorate office opening

369. THE HON. ANDREW BRIDESON — To ask the Honourable the Minister for Sport and Recreation (for the Honourable the Attorney-General):

(a) What amount of taxpayers funds were spent at the opening of the Attorney-General’s electorate office and ministerial office between 30 November 2002 and 10 April 2003 on — (i) food; (ii) alcohol; (iii) labour costs; and (iv) other incidental expenses.

(b) What amount of taxpayers funds have been spent by the Attorney-General between 30 November 2002 and 10 April 2003 in the carrying out of ministerial duties on — (i) food; (ii) alcohol; (iii) labour hire; and (iv) other incidental expenses. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 101

ANSWER:

I am informed that:

(a) My electorate office does not fall under the administration of Government or my responsibilities as Attorney- General.

There was no official opening of my ministerial office.

(b) The research required to provide a response to the remainder of the question would place an unreasonable burden on the time and resources of my office.

Corrections: prisoner supervision and support budget

569. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison and within the context of Enforcing Correctional Order – Prisoner Supervision and Support (Budget Paper No. 3, p.233), what was/is the annual budget for each prison facility for 2002-03 and 2003-04.

ANSWER:

I am advised that / as follows:

The CORE budget for the following years is as identified.

1998/99 $106.713m

1999/00 $106.692m

2000/01 $122.584m

2001/02 $139.727m

2002/03 $174.529m

2003/04 Reintegrations of Corrections. CORE ceased to exist

I note with interest your media release of early 2003 in which you criticise increases in prison expenditure and the conflicting release in which you claim prison overcrowding.

Please note that the increase in the CORE Budget is due to increases in bed capacity to address overcrowding caused by the failure of the Kennett Government to provide enough beds to accommodate massive prisoner growth during the late 1990s. Approximately 100 additional beds were provided despite the 1000 extra prisoners added to the system.

Funding is also utilised to implement considerable additional security measures to address the unacceptably high escape rate (4.9 per 100 days) under the Kennett Government, and to stop rampant drug use, the traffic of contraband, and assaults which were not adequately addressed under the Kennett Government.

Corrections: budget — prison facilities

614. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the 2003-04 Budget Estimates, where is the allocation of funds, capital or QUESTIONS ON NOTICE

102 COUNCIL Wednesday, 31 March 2004

recurrent for — (i) existing prison facilities to be expanded; and (ii) new prison facilities to be built, to meet the growth in the prisoner population.

ANSWER:

I am informed that/as follows

In 2001-02 Budget Paper 2 (pages 252 and 257) the Government recognised the continuing growth in prisoner numbers and committed to the Corrections Long Term Management Strategy. This multi year strategy (including 2003-04), provides among other things, initiatives to reduce demand for prison beds, plus a 10 Year Facilities Master Plan to expand the Victorian prison system by a nett 716 beds.

Figures relating to the implementation of the program are contained in the forward estimates.

Recurrent funding has been provided in line with the commissioning of the CIP and funding for 2003-04 is $40.670m. The recurrent funding is included in the cost of the Prisoner Supervision and Support Output shown on the page 233 of 2003-04 Budget Paper No. 3.

I note that this compares extremely favourable with Opposition commitments as you have not released a Corrections Policy and have allocated not one cent to any correctional facility.

Corrections: prisoners — training and education review

878. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections):

(a) What is the current status of the review for prisoner training and education.

(b) What is the level of funding allocated for specific initiatives to be undertaken in 2003-04.

ANSWER:

I am advised that / as follows:

All funding for corrections education is provided by the Department of Education and Training. The allocation for 2003/04 is $7,499,187.

I note that this compares very favourably with the education and training allocation during the previous Government, and particularly well with your proposed allocation prior to the last election at which time no funding was allocated as there was no Corrections Policy.

Environment: Albert Park — rent increases for sporting clubs

895. THE HON. ANDREA COOTE — To ask the Minister for Sport and Recreation (for the Minister for Environment): In relation to the rent increases given to sporting clubs operating in Albert Park:

(a) What is the total increase in annual revenue that the Government will receive as a result of the rent increase in 2003-04.

(b) On what is this increase in revenue being spent.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 103

Some concern has recently been expressed by community based clubs at Albert Park relating to the outcomes of a recent three yearly market rental review undertaken in accordance with long standing Government policy on community use tenancy arrangements.

The market rental review conditions were included in leases entered under the previous Liberal/National Government.

Parks Victoria is working with the Department of Sustainability and Environment to review the policy on pricing of community use tenancy. Parks Victoria has advised that in light of the proposed review, rentals at Albert Park will be contained to CPI only increases until the results of the policy review are known.

Treasurer: overseas ministerial visits

920. THE HON. ANDREW BRIDESON — To ask the Minister for Finance (for the Treasurer):

(a) What was the total cost of international air travel incurred by the Treasurer’s office from 1 March 2003 to 30 September 2003, including trips taken by the Treasurer, the Treasurer’s staff and advisors and the relevant Parliamentary Secretary.

(b) What was the total cost of interstate air travel incurred by the Treasurer’s office from 26 March 2003 to 30 September 2003, including trips taken by the Treasurer, the Treasurer’s staff and advisors and the relevant Parliamentary Secretary.

(c) What was the total cost of intrastate air travel incurred by the Treasurer’s office from 26 March 2003 to 30 September 2003, including trips taken by the Treasurer, the Treasurer’s staff and advisors and the relevant Parliamentary Secretary.

ANSWER:

I am informed that:

(a) The total cost of international air travel incurred by my office for trips taken between 1 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $31,862.00

(b) and (c) The total cost of domestic air travel incurred by my office for trips taken between 26 March 2003 and 30 September 2003 by myself and my accompanying ministerial staff, advisor or Parliamentary Secretary is $8,503.86

Industrial relations: overseas ministerial visits

924. THE HON. ANDREW BRIDESON — To ask the Minister for Aged Care (for the Minister for Industrial Relations):

(a) What was the total cost of international air travel incurred by the Minister’s office from 1 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(b) What was the total cost of interstate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(c) What was the total cost of intrastate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary. QUESTIONS ON NOTICE

104 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am informed as follows:

(a) The total cost of international air travel incurred by my office for trips (related to the portfolios of Attorney General and Industrial Relations) taken between 1 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $6173.88

(b) and (c) The total cost of domestic air travel incurred by my office for trips (related to the portfolios of Attorney General and Industrial Relations) taken between 26 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $11,740.74

Environment: overseas ministerial visits

926. THE HON. ANDREW BRIDESON — To ask the Minister for Local Government (for the Minister for Environment):

(a) What was the total cost of international air travel incurred by the Minister’s office from 1 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(b) What was the total cost of interstate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(c) What was the total cost of intrastate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

ANSWER:

I am informed that:

(a) The total cost of international air travel incurred by my office for trips taken between 1 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $13,948.24.

(b) and (c) The total cost of domestic air travel costs incurred by my office for trips taken between 26 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $34,062.87.

Sport and recreation: overseas ministerial visits

928. THE HON. ANDREW BRIDESON — To ask the Minister for Sport and Recreation:

(a) What was the total cost of international air travel incurred by the Minister’s office from 1 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(b) What was the total cost of interstate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 105

(c) What was the total cost of intrastate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

ANSWER:

I am informed as follows:

(a) The total cost of international air travel incurred by my office for trips taken between 1 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $12,807.

(b) and (c) The total cost of domestic air travel incurred by my office for trips taken between 26 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $18,296.25.

Attorney-General: overseas ministerial visits

929. THE HON. ANDREW BRIDESON — To ask the Minister for Sport and Recreation (for the Attorney-General):

(a) What was the total cost of international air travel incurred by the Attorney-General’s office from 1 March 2003 to 30 September 2003, including trips taken by the Attorney-General, Attorney- General’s staff and advisors and the relevant Parliamentary Secretary.

(b) What was the total cost of interstate air travel incurred by the Attorney-General’s office from 26 March 2003 to 30 September 2003, including trips taken by the Attorney-General, Attorney- General’s staff and advisors and the relevant Parliamentary Secretary.

(c) What was the total cost of intrastate air travel incurred by the Attorney-General’s office from 26 March 2003 to 30 September 2003, including trips taken by the Attorney-General, Attorney- General’s staff and advisors and the relevant Parliamentary Secretary.

ANSWER:

I am informed that:

(a) The total cost of international air travel incurred by my office for trips (related to the portfolios of Attorney General and Industrial Relations) taken between 1 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisors or Parliamentary Secretary is $6173.88.

(b) and (c) The total cost of domestic air travel incurred by my office for trips (related to the portfolios of Attorney General and Industrial Relations) taken between 26 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisors or Parliamentary Secretary is $11740.74.

Police and emergency services: overseas ministerial visits

935. THE HON. ANDREW BRIDESON — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services):

(a) What was the total cost of international air travel incurred by the Minister’s office from 1 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary. QUESTIONS ON NOTICE

106 COUNCIL Wednesday, 31 March 2004

(b) What was the total cost of interstate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

(c) What was the total cost of intrastate air travel incurred by the Minister’s office from 26 March 2003 to 30 September 2003, including trips taken by the Minister, ministerial staff and advisors and the relevant Parliamentary Secretary.

ANSWER:

I am informed that:

(a) No international air travel was incurred by the my office (related to the portfolios of Police and Emergency Services and Corrections) from 1 March 2003 to 30 September 2003, including trips taken by myself, ministerial staff, advisors or Parliamentary Secretary.

(b) and (c) The total cost of domestic air travel incurred by my office for trips (related to the portfolios of Police and Emergency Services and Corrections) taken between 26 March 2003 and 30 September 2003 by myself and any accompanying ministerial staff, advisor or Parliamentary Secretary is $14,764.32.

Attorney-General: law courts — awarding of costs

938. THE HON. JOHN VOGELS — To ask the Minister for Sport and Recreation (for the Attorney-General): What percentage of people found guilty in a court of law in Victoria who have costs awarded against them never pay their debts.

ANSWER:

I am informed as follows

Courts throughout Victoria handle thousands of cases per year and a wide range of monetary penalties, including costs orders, may be made in the course of hearing those matters. Costs in the criminal jurisdictions of our Courts commonly refer to costs associated with a witness in the relevant proceedings attending Court to give evidence. A Court may order, for example, that a defendant pay the costs associated with a prosecution witness for loss of their earnings, the witnesses’ transportation to and from Court or accommodation and/or meal expenses incurred as a result of their attendance.

By far the majority of such costs orders are made in the Magistrates’ Courts throughout Victoria. These orders typically provide for payment to be made within a three month period, and a warrant is automatically issued by the Court in the event of non-payment.

In addition, the term ‘debts’ is generally associated with civil rather criminal proceedings.

The work involved in providing the information you are seeking would substantially and unreasonably divert the resources of the Department from its core operations.

Attorney-General: law courts — awarding of costs

939. THE HON. JOHN VOGELS — To ask the Minister for Sport and Recreation (for the Attorney- General): How much is owed by people found guilty in a court of law in Victoria who have had costs awarded against them.

ANSWER:

I am informed as follows QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 107

Courts throughout Victoria handle thousands of cases per year, and many costs orders are made in the course of hearing those matters. Costs in the criminal jurisdictions of our Courts commonly refer to costs associated with a witness in the relevant proceedings attending Court to give evidence. A Court may order, for example, that a defendant pay the costs associated with a prosecution witness for loss of their earnings, the witnesses’ transportation to and from Court or accommodation and/or meal expenses incurred as a result of their attendance.

By far the majority of such costs orders are made in the Magistrates’ Courts throughout Victoria. These orders typically provide for payment to be made within a three month period, and a warrant is automatically issued by the Court in the event of non-payment.

The work involved in providing the information you are seeking would substantially and unreasonably divert the resources of the Department from its core operations.

Environment: fire access tracks — maintenance

944. THE HON. PHILIP DAVIS — To ask the Minister for Local Government (for the Minister for Environment): What was the actual cost of the maintenance of fire access tracks in 1997-98, 1998-99, 1999-2000, 2000-01, 2001-02, and 2002-03, respectively.

ANSWER:

I am informed that:

The table below shows the amount spent on fire access roads and tracks managed by the Department of Sustainability and Environment over the past 6 years. The amounts include expenditure on flood damage restoration during 1998/99, as road maintenance was deferred in preference to these essential restoration works. The amounts include expenditure by the commercial forestry, forest management and parks programs on roads that form part of the fire access tracks network.

1997/1998 $16,424,647

1998/1999 $15,545,023

1999/2000 $17,185,675

2000/2001 $17,712,913

2001/2002 $18,143,538

2002/2003 $15,545,710 (refer note)

Note: Expenditure during 02/03 was less as personnel and equipment were diverted to fighting the Alpine fires and the extensive recovery and rehabilitation programs.

Environment: fire access tracks — maintenance

945. THE HON. PHILIP DAVIS — To ask the Minister for Local Government (for the Minister for Environment): Since 1997, what is the value of the annual 4WD track maintenance fund that is managed by Parks Victoria and the Department of Sustainability and Environment in conjunction with 4WD Victoria and its predecessor, the Victoria Association of Four Wheel Drive Clubs Inc.

ANSWER:

I am informed that:

The value of the Four Wheel Drive Works Program over the last 6 years (including current financial year) has been $1,225,000 per annum. QUESTIONS ON NOTICE

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Corrections: prisons — education budget

968. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): What is the 2003-04 budget for education programs at HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison, respectively.

ANSWER:

I am advised that:

All funding for corrections education is provided by the Department of Education and Training. The allocation for 2003/04 is $7,499,187.

I note that this compares very favourably with the education and training allocation during the previous Government, and particularly well with your proposed allocation prior to the last election at which time no funding was allocated as there was no Corrections Policy.

Environment: Our Forests, Our Future industry transition program

1008. THE HON. GRAEME STONEY — To ask the Minister for Local Government (for the Minister for Environment): In relation to the Our Forests, Our Future Industry Transition Program which provides various programs to be made available to contractors, workers and sawmill owners affected by the implementation of the Voluntary Licence Reduction Program (VLRP), the Contractor Assistance Program (CAP), Worker Assistance Program (WAP):

(a) What was the total dollar amount made available under the Program.

(b) How much of the total dollar amount made available under the Program has been spent.

(c) On which month did the Program commence and when will it conclude.

(d) How much money of the Program has been spent on consultants and outside advice to the Government on planning and implementing the Program.

(e) How many workers have applied for and have been granted assistance under the WAP to 30 September 2003.

(f) What has been the total amount of money paid to workers under the WAP to 30 September 2003.

ANSWER:

I am informed that:

The Our Forests Our Future Industry Transition Program is an $89 million dollar package.

The Program was announced by the then Minister for Conservation and Environment in August 2002, although planning and design work had commenced following the Our Forests Our Future policy statement in February 2002.

As at 30 September 2003, 448 workers had applied for assistance and 419 workers had been granted assistance under the Worker Assistance Program. QUESTIONS ON NOTICE

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Environment: Our Forests, Our Future industry transition program

1009. THE HON. GRAEME STONEY — To ask the Minister for Local Government (for the Minister for Environment): In relation to the Our Forests, Our Future Industry Transition Program, which provides various programs to be made available to contractors, workers and sawmill owners affected by the implementation of the Voluntary Licence Reduction Program (VLRP):

(a) How many contractors have applied for assistance under the Contractor Assistance Program (CAP) to 30 September 2003.

(b) How many contractors who have been identified as cutting and hauling logs to sawmills have applied for and have been granted assistance under the CAP to 30 September 2003.

(c) What has been the total amount of money paid to contractors who have been identified as cutting and hauling logs to sawmills under the CAP to 30 September 2003.

(d) How many contractors who have been identified as hauling sawn timber from sawmills have applied for and have been granted assistance under the CAP to 30 September 2003.

(e) What has been the total amount of money paid to contractors who have been identified as hauling sawn timber from sawmills under the CAP to 30 September 2003.

(f) How many sawmills have applied for assistance under the VLRP to 30 September 2003.

(g) How many sawmills have accepted the conditions of the VLRP and have closed down operations to 30 September 2003.

(h) What has been the total amount of money paid to sawmills under the VLRP to 30 September 2003.

(i) What additional amount of sawlog annual licences have been made available by the closure of sawmills under the VLRP to 30 September 2003.

ANSWER:

I am informed that:

175 contractors applied for the Contractor Assistance Program by the closing date of 29 November 2003.

The Voluntary Licence Reduction Program (VLRP) involved licensees applying to surrender all or part of their volume on licence. 46 licensee applications were received by 31 October 2003, the closing date for Round 1 of the VLRP. Of these 46 - 3 were withdrawn, one deferred and 42 were approved for processing.

To 30 September 2003, 260,184m3 has been bought back from licensees.

Environment: Our Forests, Our Future industry transition program

1010. THE HON. GRAEME STONEY — To ask the Minister for Local Government (for the Minister for Environment): In relation to the Our Forests, Our Future Industry Transition Program, which provides various programs to be made available to contractors, workers and sawmill owners affected by the implementation of the Voluntary Licence Reduction Program (VLRP) under the Industry Transition Program, what other expenditure (other than payments to contractors under the Contractor Assistance Program, workers under the Worker Assistance Program and sawmills under the Voluntary Licence Reduction Program) relating to the Program has been paid from the total amount of money available under the Program to 30 September 2003. QUESTIONS ON NOTICE

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ANSWER: I am informed that:

The Our Forests Our Future transition program has been an $89 million package. Over 260,000m3 of licensed timber has been bought back and over 400 workers assisted.

Treasurer: information technology upgrades

1028. THE HON. BILL FORWOOD — To ask the Minister for Finance (for the Treasurer):

(a) Since October 1999, which authorities (as defined in the Audit Act 1994) that report to the Treasurer have initiated projects costing $1 million or more for the upgrade, expansion or enhancement of their information technology.

(b) When did each such project commence.

(c) When did each such completed project finish, and what is the estimated finishing date for each such project not yet completed.

(d) What were the objectives of each such project.

(e) What did each such project consist of.

(f) What has been the cost of each such project that has been completed, and what is the estimated cost of each such project not yet completed.

ANSWER:

I am informed that:

To provide details of expenditures made by authorities under my administration as required by this question would be an unreasonable diversion of my department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular authority they are interested in.

Agriculture: fisheries — wild carp

1043. THE HON. PHILIP DAVIS — To ask the Minister for Energy Industries (for the Minister for Agriculture): In relation to Fisheries Victoria’s $1 million study into carp released in April 2003, what steps has the Government taken since then to address the problem of wild carp infestation.

ANSWER:

I am informed that:

The study was commissioned by Fisheries Victoria in response to the growing recognition and public support for carp management. The objective of the research was to determine the population dynamics of carp with the aim to evaluate and determine potential control strategies.

The results of the project have provided valuable insight into the population structure of carp and will be vital in providing guidance on the application of management strategies such as the daughterless carp technology being developed by CSIRO, amongst other control techniques.

The Department of Primary Industries (DPI) is represented on the Pest Animal Control CRC Working Group that is funding the Daughterless Carp Project as well as other research aimed at supporting this control strategy should it prove feasible. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 111

Agriculture: genetically modified technologies

1048. THE HON. PHILIP DAVIS — To ask the Minister for Energy Industries (for the Minister for Agriculture):

(a) How much funding has the Government invested in research to investigate the potential of Genetically Modified technologies to deliver benefits to farmers and consumers.

(b) Where has that funding been directed.

ANSWER:

I am informed that:

The Victorian Government’s investment in Biotechnology for the benefit of Victoria’s farmers and consumers is made under the State’s AgBio21 strategy.

Biotechnology research focuses on technologies of mapping, sequencing and understanding the functions of plant and animal genes. Genetic modification is only one of the possible end uses of the technologies.

Over the last 3 years, Government has established a strong base of platform technologies in agricultural biotechnology.

The key focus of the biotechnology research is for forage and oilseed crops, milk production of dairy cows, disease detection in plants and animals and animal vaccine development.

Corrections: Beechworth prison

1051. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the construction of the Beechworth Prison which will have 120 new beds, replacing the current prison at Beechworth which the Government states holds 132 beds, how will the reduction of the prison design capacity in new jails facilitate improving the overcrowded jail system.

ANSWER:

I am informed that:

The new prison being minimum security does not replace the current medium security prison at Beechworth given the differing security rating.

All the issues and available statistics around design capacity, actual capacity and prison occupancy rates were canvassed at the Public Accounts and Estimates Committee Hearing on 23 May, 2003.

I point out that comparing occupancy against design capacity is a meaningless exercise given that following major expansions the actual capacity of our prisons is now 1400 beds greater than the original design capacity.

Your question also fails to understand that in addition to the 120 beds at Beechworth, a 600 bed remand prison is to be constructed at Ravenhall and another 300 bed Programs Prison is to be constructed at Lara. I note that this greatly exceeds zero additional beds committed to in the Liberal Party’s non-existent Corrections Police at last year’s election.

I further note that the Liberal Party allocated not one cent to Corrections in its pre-election costings document

Corrections: Beechworth prison

1052. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): Given that the new prison at Beechworth will be a minimum security facility replacing QUESTIONS ON NOTICE

112 COUNCIL Wednesday, 31 March 2004

a medium security jail, to where will the Government move the current classified ‘medium security’ prisoners.

ANSWER:

I am informed that:

The new minimum security prison at Beechworth is not replacing the existing medium security prison. The closure of the current prison and the opening of the new prison are separate components of the overall Corrections Long Term Management Strategy which has been outlined to you on numerous occasions.

Given the above, it is planned to move classified medium security prisoners remaining at Beechworth to other medium security placements at the appropriate time.

Corrections: assaults on prison officers

1053. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison, what is Corrections Victoria doing to prevent prisoners assaulting prison officers.

ANSWER:

I am advised that / as follows:

Corrections Victoria has a wide range of policies and procedures ensuring the protection and safe working environment of prison officers.

Guidelines concerning safety of prison officers are set out in the Corrections Act, the Corrections Regulations, the Corrections Victoria Operating Procedures Manual and the Operating Procedures Manuals of the two private providers. These documents are all available in the Resource Centre at the Office of the Correctional Services Commissioner.

Agriculture: genetically modified — canola

1057. THE HON. PHILIP DAVIS — To ask the Minister for Energy Industries (for the Minister for Agriculture): Has the Government invested any research money into GM Canola.

ANSWER:

I am informed that:

The Government has provided limited research money for GM Canola in the context of its broader breeding and development program for canola in Victoria.

It should be noted that there is no State Government budget for funding of the GM Canola varieties currently proposed for commercialisation by private companies.

Agriculture: animal and plant officers

1058. THE HON. PHILIP DAVIS — To ask the Minister for Energy Industries (for the Minister for Agriculture): In relation to the 2002 election policy where the Government promised to commit $2 million over 4 years to employ animal and plant officers, training for existing vets and a campaign to attract additional vets to rural Victoria: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 113

(a) How many Animal Officers have been employed.

(b) How many Animal Officers does the Government plan to employ over the 4 years.

(c) How many Plant Officers have been employed.

(d) How many Plant Officers does the Government plan to employ over the 4 years.

ANSWER:

I am informed that:

In May 2003, the Bracks Government announced additional funding of $24.1m over an initial 4 years from July 2003, for biosecurity programs to defend farms against diseases such as foot & mouth disease, mad cow disease, Newcastle disease and anthrax.

$2 million over 4 years was identified to amongst other initiatives, employ animal and plant health officers.

In 2003, the Department of Primary Industries has employed 7 new Animal Health Officers. In addition, two Animal Health Officers will begin work with DPI by early January 2004.

DPI is currently advertising for 9 Animal Health Officers. It is expected that these staff will meet the biosecurity program requirements over the initial four years.

Plant Standards have employed 2 staff in 2003 and plans to employ a total of 3 plant health officers over the next 4 years.

The Bracks Government remains committed to ensuring its comprehensive biosecurity package delivers the secure base from which Victoria’s Agribusiness can grow.

Corrections: prisons — indigenous adults

1066. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In view of recent reports indicating that Victorian indigenous adults are 10.5 times more likely to be imprisoned than non-indigenous adults:

(a) What programs has the Government put in place to deal with this highly overrepresented group.

(b) At what stage are the Government’s programs implemented in dealing with this group.

(c) How effective are these programs in dealing with this group.

(d) What are the benefits or outcomes to the Aboriginal community.

ANSWER:

I am advised that / as follows:

Information about programs for indigenous prisoners is contained in Annual Reports of the Department of Justice; in the magazine ‘Koori Justice’ which is produced by the Indigenous Issues Unit of the Department of Justice; and in other publications which can be accessed at the Corrections Victoria Resource Centre, Level 6, 452 Flinders Street, Melbourne.

Programs are very extensive, and answering this question here in greater detail would substantially and unreasonably interfere with the functions of the Office of the Correctional Services Commissioner.

I note that the Liberal Party’s 2002 election policy did not include a single initiative to deal with the over representation of indigenous people in the prison system, and did not allocate one cent to address this situation. I understand that this was because the Liberal Party did not have a Corrections Policy. QUESTIONS ON NOTICE

114 COUNCIL Wednesday, 31 March 2004

Attorney-General: Shannon’s Way Pty Ltd — contracts

1071. THE HON. GRAEME STONEY — To ask the Minister for Sport and Recreation (for the Attorney- General): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Attorney-General’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I advise that:

To provide details of payments made by agencies and statutory bodies under my administration would be an unreasonable diversion of my department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular agency or statutory body they are interested in.

Corrections: Shannon’s Way Pty Ltd — contracts

1074. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am advised that:

No payments have been made to Shannon’s Way Pty Ltd by any agency or statutory body under my administration since 5 December 2002.

Commonwealth Games: Shannon’s Way Pty Ltd — contracts

1075. THE HON. GRAEME STONEY — To ask the Minister for Commonwealth Games: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

Nil. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 115

Education and training: Shannon’s Way Pty Ltd — contracts

1076. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Education and Training): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

To provide details of payments made by agencies and statutory bodies under my administration would be an unreasonable diversion of my department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular agency or statutory body they are interested in.

Employment and youth affairs: Shannon’s Way Pty Ltd — contracts

1078. THE HON. GRAEME STONEY — To ask the Minister for Aged Care (for the Minister for Employment and Youth Affairs): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

Nil

Information and communication technology: Shannon’s Way Pty Ltd — contracts

1086. THE HON. GRAEME STONEY — To ask the Minister for Information and Communication Technology: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am advised that no payments have been made. QUESTIONS ON NOTICE

116 COUNCIL Wednesday, 31 March 2004

Police and emergency services: Shannon’s Way Pty Ltd — contracts

1094. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am advised that:

No payments have been made to Shannon’s Way Pty Ltd by any agency or statutory body under my administration since 5 December 2002.

Resources: Shannon’s Way Pty Ltd — contracts

1097. THE HON. GRAEME STONEY — To ask the Minister for Resources: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

To provide details of payments made by agencies and statutory bodies under my administration would be an unreasonable diversion of my department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular agency or statutory body they are interested in.

Sport and recreation: Shannon’s Way Pty Ltd — contracts

1099. THE HON. GRAEME STONEY — To ask the Minister for Sport and Recreation: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 117

To provide details of payments made by agencies and statutory bodies under my administration would be an unreasonable diversion of my department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular agency or statutory body they are interested in.

Treasurer: Shannon’s Way Pty Ltd — contracts

1103. THE HON. GRAEME STONEY — To ask the Minister for Finance (for the Treasurer): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Treasurer’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

To provide details of payments made by agencies and statutory bodies under the Treasurer’s administration would be an unreasonable diversion of his department’s resources.

The Honourable Member may wish to submit a more specific question outlining which particular agency or statutory body they are interested in.

Victorian communities: Shannon’s Way Pty Ltd — contracts

1104. THE HON. GRAEME STONEY — To ask the Minister for Aged Care (for the Minister for Victorian Communities): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by any agency or statutory body under the Minister’s administration since 5 December 2002.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

Nil

Agriculture: Shannon’s Way Pty Ltd — contracts

1110. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Agriculture): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made. QUESTIONS ON NOTICE

118 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am informed that:

The Department of Primary Industries has made one payment to the firm Shannon’s Way Pty Ltd.

(a) The amount of the payment was $15,851.98.

(b) The payment was made on 24 September 2003.

(c) Shannon’s Way was requested to prepare a presentation to the Royal Agricultural Society Board in relation to the formation of a Joint Venture for the redevelopment of the Royal Melbourne Showgrounds.

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Attorney-General: Shannon’s Way Pty Ltd — contracts

1112. THE HON. GRAEME STONEY — To ask the Minister for Sport and Recreation (for the Attorney- General): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Attorney-General’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

No payments have been made by the Department of Justice to the firm Shannon’s Way Pty Ltd.

No payments have been made by my Private Office to the firm Shannon’s Way Pty Ltd.

Commonwealth Games: Shannon’s Way Pty Ltd — contracts

1116. THE HON. GRAEME STONEY — To ask the Minister for Commonwealth Games: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

No payments have been made by the Department for Victorian Communities or my private office to the firm Shannon’s Way Pty Ltd. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 119

Education and training: Shannon’s Way Pty Ltd — contracts

1117. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Education and Training): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

Department:

No payments have been made by the Department of Education and Training to the firm Shannon’s Way Pty Ltd.

Private Office:

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Education services: Shannon’s Way Pty Ltd — contracts

1118. THE HON. GRAEME STONEY — To ask the Minister for Energy Industries (for the Minister for Education Services): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

Departments:

No payments have been made by the Department of Education and Training to the firm Shannon’s Way Pty Ltd.

Private Offices:

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Employment and youth affairs: Shannon’s Way Pty Ltd — contracts

1119. THE HON. GRAEME STONEY — To ask the Minister for Aged Care (for the Minister for Employment and Youth Affairs): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made. QUESTIONS ON NOTICE

120 COUNCIL Wednesday, 31 March 2004

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

No payments have been made by the Department for Victorian Communities or my private office to the firm Shannon’s Way Pty Ltd.

Environment: Shannon’s Way Pty Ltd — contracts

1121. THE HON. GRAEME STONEY — To ask the Minister for Local Government (for the Minister for Environment): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

The Department of Sustainability and Environment has made the following 5 payments to the firm Shannon’s Way Pty Ltd during the period 27 March 2003 to 29 October 2003.

1. Marine National Parks - Design and production of a downloadable Marine National Parks screensaver June 2003 $1,980.00

2. ‘Our Future, Our Water’ Campaign - Narrative tapes and boards September 2003 $7,672.50

3. ‘Our Future, Our Water’ Campaign - 50% Deposit for TV production for Advertisement and Water Savers September 2003 $33,852.35

4. ‘Our Future, Our Water’ Campaign - consultancy costs September 2003 $121,884.40

5. ‘Our Future, Our Water’ Campaign - changes to commercial October 2003 $855.80

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Information and communication technology: Shannon’s Way Pty Ltd — contracts

1127. THE HON. GRAEME STONEY — To ask the Minister for Information and Communication Technology: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 121

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am advised that:

Department:

No payments have been made by the Department Of Infrastructure to the firm Shannon’s Way Pty Ltd.

Private Office:

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Resources: Shannon’s Way Pty Ltd — contracts

1138. THE HON. GRAEME STONEY — To ask the Minister for Resources: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

The Department of Primary Industries has made one payment to the firm Shannon’s Way Pty Ltd.

(a) The amount of the payment was $15,851.98.

(b) The payment was made on 24 September 2003.

(c) Shannon’s Way was requested to prepare a presentation to the Royal Agricultural Society Board in relation to the formation of a Joint Venture for the redevelopment of the Royal Melbourne Showgrounds.

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Sport and recreation: Shannon’s Way Pty Ltd — contracts

1140. THE HON. GRAEME STONEY — To ask the Minister for Sport and Recreation: In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows: QUESTIONS ON NOTICE

122 COUNCIL Wednesday, 31 March 2004

No payments have been made by the Department for Victorian Communities or my private office to the firm Shannon’s Way Pty Ltd.

Treasurer: Shannon’s Way Pty Ltd — contracts

1144. THE HON. GRAEME STONEY — To ask the Minister for Finance (for the Treasurer): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Treasurer’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that:

No payments have been made by the Department of Treasury and Finance to the firm Shannon’s Way Pty Ltd.

No payments were made by the Treasurer’s Private Office to the firm Shannon’s Way Pty Ltd.

Victorian communities: Shannon’s Way Pty Ltd — contracts

1145. THE HON. GRAEME STONEY — To ask the Minister for Aged Care (for the Minister for Victorian Communities): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed as follows:

No payments have been made by the Department for Victorian Communities or my private office to the firm Shannon’s Way Pty Ltd.

Water: Shannon’s Way Pty Ltd — contracts

1146. THE HON. GRAEME STONEY — To ask the Minister for Local Government (for the Minister for Water): In relation to Shannon’s Way Pty Ltd:

(a) What payments have been made to the company by the Minister’s department or private office since 27 March 2003.

(b) On what dates were the payments made.

(c) What are the details of the projects for which payment was made.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 123

The Department of Sustainability and Environment has made the following 5 payments to the firm Shannon’s Way Pty Ltd during the period 27 March 2003 to 29 October 2003.

1. Marine National Parks - Design and production of a downloadable Marine National Parks screensaver June 2003 $1,980.00

2. ‘Our Future, Our Water’ Campaign - Narrative tapes and boards September 2003 $7,672.50

3. ‘Our Future, Our Water’ Campaign - 50% Deposit for TV production for Advertisement and Water Savers September 2003 $33,852.35

4. ‘Our Future, Our Water’ Campaign - consultancy costs September 2003 $121,884.40

5. ‘Our Future, Our Water’ Campaign - changes to commercial October 2003 $855.80

No payments were made by my Private Office to the firm Shannon’s Way Pty Ltd.

Housing: state home loans

1153. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the various State Home Loans (such as the HOLS and SHOS schemes):

(a) How many people still have loans with the Office of Housing.

(b) How many people have taken advantage of the Government’s home loans offer since it was introduced.

(c) How many of the borrowers who still have loans with the Office of Housing are eligible for the Government scheme.

ANSWER:

I am informed that:

(1) The reference in the question to HOLS and SHOS schemes has been interpreted to mean that the question related to the provision of long term home ownership loans.

Accordingly as at 31 October 2003 there are 5653 such loans and a further 450 SHOS arrangements which no longer have a loan component.

(2) As at 31 October 2003, 281 people have taken advantage of assistance under the Home Loan Support Package since it was introduced.

(3) 556 borrowers who still have loans with the Office of Housing have been identified as being potentially eligible for assistance under the package.

In the future any borrower who meets the criteria will be eligible for assistance under this package. QUESTIONS ON NOTICE

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Housing: Bendigo — transitional housing

1157. THE HON. WENDY LOVELL — To ask the Minister for Housing:

(a) How many houses has the Government purchased in the Bendigo region for transitional housing between December 1999 and October 2003

(b) What was the total cost of the houses purchased.

(c) In what suburbs are each of the purchased properties located.

(d) What is the size of each property purchased.

ANSWER:

I am informed that:

(1) A total of 22 houses/units were purchased in the Bendigo region for transitional housing between December 1999 and October 2003.

(2) The total purchase price for the 22 transitional housing properties was $3,121,328.46.

(3) The properties were purchased in the suburbs of Strathdale, Bendigo, Kangaroo Flat, Eaglehawk, Spring Gully, Quarry Hill and Golden Square.

(4) Seventeen of properties were 2 bedroom homes and five were 3 bedroom homes.

Housing: estates — Elizabeth Street, Richmond

1158. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Elizabeth St, Richmond:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) As feasibility studies for the project are still underway, timelines cannot be confirmed at present. It is anticipated that the project may take approximately seven years subject to community consultation and statutory approval processes. b) A developer has not been selected for this project. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 125 c) A planning permit has not been received at this time. d) A planning permit application has not been lodged with the City of Yarra. e) A budget for the life of the project has not been confirmed as the project is still in the process of development. f) The budget allowed in 2003-04 is $2.51m. g) A completion date for the project has not been confirmed as the project is still in the process of development. h) Unit and bedroom numbers for public and private housing have not been determined as the project is still in the process of development.

Housing: estates — Victory Boulevard, Ashburton

1159. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Victory Boulevard, Ashburton:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) It is anticipated that this redevelopment project will take a year to fully complete, including the sale of the land for private housing. b) Loriana Homes (Vic) Pty Ltd has been engaged for the construction of the public housing. c) The planning permit for the public housing was issued in June 2002. d) The planning permit for public housing development has been issued. e) A budget over the life for this specific redevelopment project has not been determined. f) The budget allowed for 2003-2004 is $3.28m. g) Construction of the public housing is expected to be completed in April 2004. h) The completed redevelopment will provide (i) 37 two-bedroom older person dwellings for public rental, and (ii) 10 private dwellings. QUESTIONS ON NOTICE

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Housing: estates — Kensington Estate, Kensington

1160. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Kensington Estate, Kensington:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) Construction of the new public and private housing is to be spread over several stages with final completion scheduled for 2008. b) A developer, Becton Group, has been selected for this project. c) A planning permit for the redevelopment was issued in 1999. d) A planning permit has been received. e) A budget over the life for this specific redevelopment project has not been determined. f) A budget allowance of $10.96m has been allowed in 2003 / 04. g) The redevelopment is expected to be completed in 2008. It is anticipated that the completed redevelopment may provide accommodation for up to 650 new households (30% public/ 70% private), in addition to approximately 241 dwellings in the two remaining high-rise towers. The public units will comprise 50% older persons units, 30% two-bedroom family units, 18% three-bedroom family units, and 2% four-bedroom family units.

Housing: estates — Long Gully, Bendigo

1161. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Long Gully Bendigo:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 127

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected the completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) The Long Gully Advisory Committee was established in November 1998. The strategy Plan was approved in July 2002. It is anticipated that the project will be completed June 2005. b) Developers have been selected for the first two stages of this project;. Big G Trading Pty Ltd and Gerard K House Pty Ltd. c) Town planning permits have been received for the redevelopment. The permit for stage 1 was granted on 5 January 2001 and the permit for stage 2 was granted on 10 April 2002. d) The town planning permit for stage 3 will be lodged in 2004 subject to the availability of suitably located vacant lots. e) A budget over the life for this specific redevelopment project has not been determined. f) A budget of $3.27 million is allowed for this development in 2003–04. g) The expected completion date of this project is June 2005. h) A total of 75 new public housing dwellings are provided in this redevelopment, 43 one-bedroom units, 30 two-bedroom units, 1 three-bedroom unit and 1 four-bedroom unit. The up-grade of 91 existing houses is complete. A further 10 homes will proceed under the Self Build Program.

Housing: estates — Maidstone-Braybrook

1162. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Maidstone/Braybrook Estate:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment. QUESTIONS ON NOTICE

128 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am informed that: a) The Office of Housing (OOH) has been undertaking redevelopment activities in the area over the last 5–6 years based on a Master Plan agreed with the City of Maribyrnong in 1995. It is anticipated that this redevelopment project will continue over the next 4–5 years. b) No single overall developer has been selected for this redevelopment. Many building contractors have been engaged for separate contracts throughout the area. c) Planning permits have progressively been issued on numerous multi-unit developments in the area since 1995. d) Town planning applications are lodged progressively as OoH properties becomes available for redevelopment. e) Budget for the redevelopment works is determined annually, subject to the availability of vacant dwellings. f) Funding of $4.36m has been allowed in the 2003 / 04 budget. g) Although the redevelopment is expected to continue over the next 4-5 years, its completion is subject to the availability of properties becoming vacant for redevelopment. h) This project involves the steady renewal of part of a suburb of mixed public and private housing rather than the redevelopment of a single estate. As at October 2003, 510 public housing of various stock types have been completed.

Housing: estates — Mark-Rundle, Wodonga

1163. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Mark/Rundle Estate, Wodonga:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) The redevelopment was first announced in 1999, tenders were called in September 2002 and negotiations are proceeding with a preferred tenderer. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 129 b) A preferred developer has been announced for this project. Negotiations are in progress with Elmwood Grove Retirement Village Syndicate. c) A development plan was approved by Council in June 2001. d) A planning permit has been received. e) A budget over the life for this specific redevelopment project has not been determined.. f) An amount of $30,000 has been budgeted for this development in 2003–04. g) The expected completion date of this project is 2006. h) The completed project will provide 20 one-bedroom public housing units and 59 one-bedroom private units.

Housing: estates — Parkside, Shepparton

1164. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Parkside Estate, Shepparton:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003 -04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) Renewal works began in 2001. Four display units have been up-graded in 2001 and launched in October 2001. With Shepparton being confirmed as a Neighbourhood Renewal area in mid 2002, the focus of the project was expanded. An overall master plan has been prepared in liaison with VicUrban, the Council and the community. b) A developer has not been selected for this project. c) A overall planning permit has not been received. d) A planning application was lodged by VicUrban in October 2003. e) An overall budget has not been established. f) $1.78m has been allowed for this project in the 2003/04 financial year budget. g) It is anticipated that this redevelopment would take 2–3 years to complete, subject to the final master plan and receipt of planning approvals from Council. QUESTIONS ON NOTICE

130 COUNCIL Wednesday, 31 March 2004 h) The number of people the redevelopment will house is subject to the final master plan and receipt of planning approvals from Council.

Housing: estates — Peace Court, Doveton

1165. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Peace Court, Doveton:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) Walk up blocks were vacated and demolished in mid 2000. New replacement older–persons housing was constructed in the area for the relocation of residents. A working group comprising Office of Housing (OOH) and City of Casey has reviewed options for the site, including other adjacent Government-owned land. The vacant site is planned for sale in 2003/04. b) A developer has not been selected for this project. c) A planning permit has not been received. d) A planning application has not been made. e) There is no budget for any redevelopment of the site. f) No budget allocation has been allowed in 2003/04. g) It is expected that the site will be sold in 2003/04. h) The previous 132 units on this site have been replaced in the area with new stock.

Housing: Office of Housing — sales

1166. THE HON. WENDY LOVELL — To ask the Minister for Housing:

(a) How many houses has the Office of Housing sold in each of the financial years ending 30 June 1999 to 30 June 2003, respectively, by Department of Human Services (DHS) region.

(b) How many properties has the Office of Housing acquired in each of the financial years ending 30 June 1999 to 30 June 2003, respectively, by DHS region. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 131

ANSWER:

I am informed that:

Details of the numbers of houses/units sold and acquired by the Office of Housing (OoH) by Department of Human Services region in each of the financial years ending 30 June 1999 to 30 June 2003 are available from the annual Summary of Housing Assistance Programs, available on the Department of Human Services website at:

http://hnb.dhs.vic.gov.au/ooh/oohninte.nsf/frameset/Ooh?Opendocument

Note that the Summary of Housing Assistance Programs includes acquisition figures only for properties owned by the Director of Housing. To understand total housing acquisitions for social housing, units leased by OOH and utilised in public housing, as well as those units funded by OOH and owned and managed by community organisations, should also be considered. Inclusive of these units, the table below outlines all OoH funded social housing acquisitions between 1999-00 and 2002-03.

Total Social Housing Acquisitions funded by OOH by Region (1999–2003). Includes community owned and leased properties. Region 1999-00* 2000-01* 2001-02 2002-03 Barwon South West 117 39 60 179 Gippsland 80 53 28 60 Grampians 74 33 47 43 Hume 121 71 64 69 Loddon Mallee 199 126 103 133 Eastern Metro 238 201 176 217 Northern Metro 452 272 235 244 Southern Metro 462 411 607 421 Western Metro 494 320 341 247 Total Acquisitions 2,250* 1,605* 1,661 1,613

* Due to information systems limitations, units acquired by Common Equity Rental Coops and Joint Venture Partners in the years 1999-00 and 2000-01 cannot be broken down by region. The above total for these years therefore includes an additional 13 units for 1999-00 and 79 units for 2000-01, which are not included in the regional breakdown.

Housing: estates — Raglan Ingles, Port Melbourne

1167. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Raglan Ingles Estate, Port Melbourne:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04. QUESTIONS ON NOTICE

132 COUNCIL Wednesday, 31 March 2004

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) It is anticipated that the project will take a year to complete. b) The builder accepted for this project is L.U. Simon Builders Pty Ltd. c) The planning permit was received in September 2002. d) A planning permit has been issued. e) A budget over the life for this specific redevelopment project has not been determined. f) The budget allowed for 2003-04 is $11m. g) Completion is expected in November 2004 h) The completed redevelopment will provide 64 new public housing dwellings and a possible further 50 private dwellings subject to Council approval. The 64 public housing dwellings will consist of: 26 one bedroom, 28 two bedrooms, 8 three bedrooms, and 2 four bedrooms.

Housing: estates — Rathdowne Street, Carlton

1168. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Rathdowne St, Carlton:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing; and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) As feasibility studies for the project are still underway, timelines cannot be confirmed at present. It is anticipated that the project may take approximately seven years subject to community consultation and statutory approval processes. b) A developer has not been selected for this project. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 133 c) A planning permit has not been received at this time. d) A planning permit application has not been lodged with the City of Melbourne. A concept plan submitted to Council in Jun. 2003 has received “in principle” endorsement. e) A budget for the life of the project has not been confirmed as the project is still in the process of development. f) The budget for Rathdowne St, Carlton in 2003-04 is $500,000. g) A completion date for the project has not been confirmed as the project is still in the process of development. h) Unit and bedroom numbers for public and private housing have not been determined as the project is still in the process of development.

Housing: estates — Thomson, Geelong East

1169. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the proposed redevelopment of the public housing estate at the Thomson Estate, Geelong East:

(a) What is the timeline for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the Government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the relevant Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) How much has been budgeted for this development in 2003-04.

(g) What is the expected completion date of the project.

(h) Broken down by the number of bedrooms, how many units will be available for — (i) public housing and (ii) private housing as a result of this redevelopment.

ANSWER:

I am informed that: a) In 2001 the then Minister announced the commencement of work. The public housing components of redevelopment was completed in February 2003. b) A developer, Hamlan Homes Pty Ltd, was selected for this project. c) The City of Greater Geelong issued an amendment to the local planning scheme on 15 March 2001. d) Planning permits were obtained for each individual multi-unit development. e) There is no budget as it has been completed. f) As the project was complete last financial year no further funds are required. g) The public housing component of the redevelopment was completed in February 2003. Private housing has been completed on 32 of the 37 lots and it is expected that the remaining 5 private housing lots will be developed early in 2004 subject to market conditions. QUESTIONS ON NOTICE

134 COUNCIL Wednesday, 31 March 2004 h) This redevelopment provides 71 new public housing dwellings, 18 one-bedroom units, 45 two-bedroom units, 2 three-bedroom houses and 6 four-bedroom houses. The redevelopment of 37 lots sold to the developer will yield up to 53 new dwellings for sale to private homeowners.

Housing: estates — Raleigh Street, Windsor

1170. THE HON. WENDY LOVELL — To ask Minister for Housing: In relation to the proposed redevelopment of the public housing estate at Raleigh Street, Windsor:

(a) What is the time line for the redevelopment.

(b) Has a developer been selected for this project; if so, who.

(c) Has the government received a planning permit for the redevelopment; if so, when.

(d) If a planning permit has not been received for the redevelopment, has an application been lodged with the Council; if so, when.

(e) What is the budget for the redevelopment over the life of the project.

(f) What is the 2002-03 budget for the redevelopment.

(g) What is the expected completion date of the project.

ANSWER:

I am informed that: a) A construction contract for the redevelopment is currently planned to be let in March 2004 subject to successful tendering. b) A developer has not been selected. c) A planning permit for the redevelopment was received in June 2003. d) A planning permit has been received. e) A budget over the life for this specific redevelopment project has not been determined. f) The 2002-2003 budget for the redevelopment is $700,000. g) The project is expected to be completed by August 2006.

Housing: Wendouree West neighbourhood renewal project

1171. THE HON. WENDY LOVELL — To ask Minister for Housing: What is the total expected cost of the Wendouree West Neighbourhood renewal project.

ANSWER:

I am informed that:

While some of the immediate improvement works and upgrade works have begun, the final masterplan and program of works associated with the Neighbourhood Renewal project in Wendouree West is still in development. The total expected cost of the project is therefore not precisely known at this stage. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 135

Housing: Wendouree West neighbourhood renewal project

1172. THE HON. WENDY LOVELL — To ask the Minister for Housing: What is the amount in the 2003-04 State budget for the Wendouree West Neighbourhood renewal projects.

ANSWER:

I am informed that:

$3,545,000 has been allocated for the Wendouree West Neighbourhood Renewal project this financial year.

Housing: Wendouree West neighbourhood renewal project

1173. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the Wendouree West Neighbourhood renewal projects, when is work scheduled to commence on the 11 properties whose tenants have decided on design options for their properties.

ANSWER:

I am informed that:

Work on the 11 properties in Hyacinth Grove commenced in August 2002 and is now complete.

Housing: WendoureeWest neighbourhood renewal project

1174. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the Wendouree West Neighbourhood renewal project:

(a) How many public properties will be redeveloped as part of this project.

(b) What is the total cost of the redevelopment of these properties.

(c) Has a developer been selected for the redevelopment; if so, who.

(d) What is the commencement date of the works.

(e) What is the anticipated completion date of the works.

ANSWER:

I am informed that:

In relation to the Wendouree West Neighbourhood Renewal project: a) The final housing master plan has not yet been approved. b) An estimation of the total cost of the redevelopment of properties in Wendouree West is reliant on the final master plan, which has not yet been approved. c) No developer has been selected to redevelop the area. d) Upgrade works in the Neighbourhood Renewal area commenced in August 2002. e) The housing and physical improvement works associated with the Neighbourhood Renewal program are anticipated to take approximately five years. QUESTIONS ON NOTICE

136 COUNCIL Wednesday, 31 March 2004

Housing: WendoureeWest neighbourhood renewal project

1175. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the Wendouree West Neighbourhood renewal project:

(a) What is the budget for 2003-04 for physical improvements and redevelopment of properties.

(b) What is the budget for 2003-04 for all other elements of the Neighbourhood Renewal Project.

ANSWER:

I am informed that:

In relation to the Wendouree West Neighbourhood Renewal project:

(a) $3,037,000 has been allocated for housing and improvement works for 2003-04 financial year.

(b) $508,000 has been allocated for all other elements of the Neighbourhood Renewal project in Wendouree West for 2003-04 financial year.

Corrections: prisons — cleaning

1177. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) Who does the cleaning in regard to — (i) prison cells; (ii) recreation areas; and (iii) other areas.

(b) How often is this cleaning done.

(c) What is the responsibility of each of the correctional facilities in regard to the clean up of spills, water or other wet substance spills in each of the areas specified in (a) above.

ANSWER:

I am advised that / as follows:

Generally speaking, prisoners are engaged as billets in areas that prisoners have access to. All billets are supervised by trained staff employed in prisons. Prisoners are expected to keep their own accommodation cells or rooms clean and tidy, a condition which is checked and monitored by staff. If the spill is blood or body related, there is an Operating Procedure (2.15) which articulates the process in cleaning the type of spill. If a billet has been asked to clean the spill, they are supervised by a trained staff member.

However, a contractor can be called to clean the spill, depending on the circumstances.

“The Contractors are obliged under the Prison Services Agreements to keep the Facilities in good and substantial repair and condition. The Contractor must also keep the Facility clean and free of rubbish and store waste and garbage in proper receptacles.”

Corrections: prisons — risk assessment

1178. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 137

Centre, Dame Phyllis Frost Centre and Port Phillip Prison, is an audit or review undertaken in regard to identifying and correcting areas of risk of injury, either physical or otherwise, in respect of — (i) prisoners; (ii) prison officers; and (iii) visitors.

ANSWER:

I am advised that / as follows:

On a day to day basis, staff at the local level are identifying and assessing potential areas of risk in order to minimise injury to the range of people that are accommodated, work or visit prisons.

Staff are trained in OH&S and understand the duty of care they have to prisoners and visitors. Security and safety issues are a critical function for custodial staff. Various internal, that is, local initiatives are in place and from an organisational perspective, the Review and Ethical Standards Unit performs a role in investigating and monitoring areas of risk, as well as identifying an opportunity for statewide learning/continuous improvement.

Corrections Victoria is also in pursuit of the Australian Business Excellence Framework which provides a structure that applies to all areas of operations to ensure improvement processes are identified and deployed throughout the organisation.

The Corrections Inspectorate, as an independent body, also plays a role.

Corrections: prisons — recidivism

1179. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the recidivism rate in Victoria and figures released by the Minister for Corrections at the Public Accounts and Estimates Committee hearing on 23 May 2003 which show that out of every 100 prisoners released from Victorian Prisons, more than 33.4 per cent will return to prison within two years:

(a) Why has the re-offending rate increased from 25.5 per cent in 1997-98 to now over 33 per cent.

(b) Why has the recidivism rate not decreased despite the claim in the Department of Justice’s 2001- 02 Annual Report that $10.3 million has been committed each year to combat recidivism.

ANSWER:

I am advised that / as follows:

The recidivism rate is based on the number of people returning to prisons and community correctional services within two years of leaving, therefore recidivism statistics have a two year lag time.

Current statistics are still affected by the previous governments lack of investment in programs targeted at reducing reoffending and reducing recidivism.

I would have you note that the recidivism rate has now started to fall as a direct result of this Governments programs. This follows the exponential rise during the 1990s due to the neglect of services and programs targeting reduced reoffending and rehabilitation of offenders.

Corrections: Barwon prison — Grevillea unit

1180. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections):

(a) What is the total cost of the opening of the 75 bed Grevillea Unit at Barwon Prison and the 34 bed Barrowdale Unit at Port Phillip Prison. QUESTIONS ON NOTICE

138 COUNCIL Wednesday, 31 March 2004

(b) Were they completed on time and on budget.

(c) What initiatives, other than the building of new prisons, will the Minister undertake in 2003-04 under the Correctional Infrastructure Program to upgrade the State’s prison infrastructure.

(d) What are the details of these initiatives and what level of funding has been allocated for each.

ANSWER:

I am advised that / as follows:

The 75-bed Grevillea Unit at Barwon Prison and the 34-bed Borrowdale Unit at Port Phillip Prison, Laverton, were built as part of the $334.5 million Corrections Long Term Management Strategy, to boost the capacity Victoria's prison system.

Other new beds opened under the strategy include: – Port Phillip Prison (Borrowdale) – 34 beds; – Dame Phyllis Frost Centre - 50 beds; – Barwon Prison – 75 beds; – Fulham Correctional Centre – 68 beds; – Loddon Prison – 70 beds; and – Tarrengower Prison – 22 beds.

Other new prisons being built under the strategy including: – 120 bed minimum security prison at Beechworth (under way) – 300 bed medium security Correctional Programs Centre at Lara (adjacent to Barwon Prison) – 600 bed Remand prison at Ravenhall (adjacent to Dame Phyllis Frost Centre)

Corrections: funding

1181. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections):

(a) Will there be an allocation of funding to strengthen Community Correctional Services in 2003-04.

(b) What are the required outcomes to be met for the allocation of funds.

(c) Will these outcomes have performance measures and targets.

ANSWER:

I am advised that / as follows:

As outlined to you at the Public Accounts and Estimates Committee Hearing on 23 May, 2003, and on the occasion of a formal briefing from the Correctional Services Commissioner, Community Correctional Services are currently being redeveloped as a component of the Corrections Long Term Management Strategy.

The Government has provided $42.3 million over a four-year period commencing 2001-02 with the expectation that the redevelopment will contribute bed savings of 350 against a pre-development prisoner number projected for 2006.

The redevelopment includes development of statistical models, programs to address offending behaviour, and reviewed offender management practices.

All programs will be evaluated as a component of the Corrections Long Term Management Strategy. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 139

I note that the previous Coalition Government starved the CCS of funds as staff-prisoner supervision ratios blew out.

I also note that the Liberal Party did not allocate one cent to CCS in it's 2002 pre-election funding commitments or its non-existent corrections policy.

Corrections: correctional services employment pilot program

1182. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections):

(a) What have the results and outcomes been for the Correctional Services Employment Pilot Program.

(b) What are the initiatives and associated funding levels undertaken to support the Correctional Services Employment Pilot Program.

ANSWER:

I am advised that / as follows:

Funded as part of the Corrections Long Term Management Strategy, the Correctional Services Employment Pilot Program runs from July 2002 to June 2004, with an annual budget of $1.9m.

The program results to date (end November 2003) are very pleasing, however the evaluation of the program has just commenced, and is being undertaken by Deakin University School of Health Sciences.

The program provides vocational training and advice; job search and placement; follow up support; and skills and experience which improves long-term career options and motivation to remain crime free, a key component of the CLTMS Reducing Re-offending strategy.

Commonwealth Games: village — aged care facility

1183. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: On what date will construction begin on the aged care facility that is part of the Commonwealth Games Village development.

ANSWER:

I am informed as follows:

The Aged Care Facility will be built post-Games. The date on which construction will commence is yet to be determined.

Commonwealth Games: village — aged care facility

1184. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: What is the expected completion date for construction of the aged care facility that is part of the Commonwealth Games Village development.

ANSWER:

I am informed as follows:

The Project Delivery Agreement for the Games Village will require that the Aged Care Facility be completed by 31 December 2011. QUESTIONS ON NOTICE

140 COUNCIL Wednesday, 31 March 2004

Commonwealth Games: village — aged care facility

1185. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: In relation to the aged care facility that is part of the Commonwealth Games Village development, what is the configuration of high care, low care and dementia specific beds that will make up the 100 bed facility.

ANSWER:

I am informed as follows:

The configuration of beds for the Aged Care Facility is still to be determined. Village Park Consortium, the developer of the Games Village, is responsible for finding an appropriate Aged Care provider. This is likely to occur post-Games.

Commonwealth Games: village — aged care facility

1186. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: In relation to the aged care facility that is part of the Commonwealth Games Village development, what is the name of the organisation that will apply for the bed licences to operate the aged care facility; if this has not been decided, when will this decision be made.

ANSWER:

I am informed as follows:

The applicant for the bed licences will be determined once an appropriate Aged Care provider is nominated. It is expected that this will occur within the next three years.

Commonwealth Games: village — aged care facility

1187. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: Will the aged care facility that is part of the Commonwealth Games Village development be managed by — (i) a private sector operator; (ii) the State Government; (iii) a community organisation; or (iv) a religious organisation.

ANSWER:

I am informed as follows:

The operator of the Aged Care Facility is yet to be determined, however it will not be a State run facility.

Commonwealth Games: village — aged care facility

1188. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: In relation to the aged care facility that is part of the Commonwealth Games Village development, what aged care facilities has Australand previously built.

ANSWER:

I am informed as follows:

Australand, a member of Village Park Consortium, is a respected construction company which has built many community facilities in the past and is capable of building a facility of this kind. Village Park Consortium will build the facility according to the specifications put forward by the chosen provider. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 141

Commonwealth Games: village — aged care facility

1189. THE HON. ANDREA COOTE — To ask the Minister for Commonwealth Games: In relation to the aged care facility that is part of the Commonwealth Games Village development, what aged care facilities has Citta Property Group previously built.

ANSWER:

I am informed as follows:

The Citta Property Group is a specialist Property Development Company which has worked on many public sector projects in the past. Citta will provide their specialist expertise to work with Australand and the chosen provider of the Aged Care Facility to build the Facility to the required specifications.

Corrections: long-term strategy

1203. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the Corrections Long Term Strategy for 2003-04 which outlines that specific initiatives will be allocated funding:

(a) What specific initiatives are planned and what levels of funding will be allocated for each initiative.

(b) What are the details of the effectiveness of the evaluation of the $3.2 million for the Strategy.

(c) What is the status of the development of the evaluation and what level of funding has been allocated in 2003-04 and from which output group.

(d) With additional funding of $15.9 million to the Corrections Portfolio in the 2003-04 Budget, what major initiatives will the Minister implement or commence.

ANSWER:

I am advised that / as follows:

The initiatives within the Corrections Long Term Management Strategy vary between locations and depend upon the security level of the prison, the prisoner profile, and the specific needs of the prisoners. Information on the range of programs is publicly available from Corrections Victoria.

Sufficiently detailed information to answer other parts of this question is not readily available without substantially and unreasonably interfering with the functions of the Office of the Correctional Services Commissioner.

Resources: mining industry — employees in regional Victoria

1204. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many people are employed in the mining industry in regional Victoria.

ANSWER:

I am informed that:

For the year ending 30 June 2003, the total number of people employed in the mining industry (including exploration industry) in regional Victoria is 1792.

Regional Victoria is defined as areas outside of the Melbourne Inspectorate District. QUESTIONS ON NOTICE

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The figure represents the statistics as reported, and includes part-time and casual employment of persons directly employed in the industry

Resources: extractive industries — employees in regional Victoria

1205. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many people are employed in the extractive industries in regional Victoria.

ANSWER:

I am informed that:

For the year ending 30 June 2003, the total number of people employed in the extractive industry in regional Victoria is 980.

Resources: petroleum industry — employees in regional Victoria

1206. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many people are employed in the petroleum industry in regional Victoria.

ANSWER:

I am informed that:

The Australian Bureau of Statistics reports that in 2001 there were a total of 5116 people directly employed in the petroleum industry.

Resources: sustainability unit — employees

1207. THE HON. PHILIP DAVIS — To ask the Minister for Resources:

(a) How many people are employed in the department’s new sustainability unit.

(b) How many are on contract and how many are permanent employees.

ANSWER:

I am informed that:

There are 5 staff members employed by the Department of Primary Industries in the Minerals and Petroleum Regulation’s Sustainability Unit. Four of these positions are ongoing permanent staff members, one position is filled as a development opportunity for outstanding students in the field of regulation and sustainability.

Resources: environmental review committees

1208. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many environmental review committees have been formed across the State to allow council, industry and community representation.

ANSWER:

I am informed that:

My Department participates in 29 separate Environmental Review Committees across the State. QUESTIONS ON NOTICE

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Resources: environmental review committees

1209. THE HON. PHILIP DAVIS — To ask the Minister for Resources: Where are the environmental review committees located in the State.

ANSWER:

I am informed that:

My Department is involved in environmental review committees in many areas of the State.

These are: AGD - COSTERFIELD North Central Victoria ALLIANCE MINING–MALDON North West Victoria AXEDALE SAND & GRAVEL North West Victoria BALLARAT EAST GOLD MINE South West Victoria BALLARAT GOLDFIELDS South West Victoria BENDIGO MINING NL North West Victoria CSR PAKENHAM South East Victoria EXCEL DIGGERS REST Western Melbourne metro area GRANTVILLE South Eastern Melbourne metro area ILLUKA RESOURCES–DOUGLAS South West Victoria KARKAROOK South Eastern Melbourne metro area LOY YANG Gippsland HAZELWOOD Gippsland YALLOURN Gippsland MURRAY BASIN TITANIUM North Western Victoria MT EGERTON South West Victoria OAKLANDS JUNCTION North Western Melbourne metro area ONDIT QUARRY South West Victoria PERSEVERANCE MINING North West Victoria SKYE QUARRIES South Eastern Melbourne metro area STAWELL GOLD MINES North West Victoria MINERVA PIPELINE PROJECT South West Victoria

Resources: environmental review committees

1210. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What funding and administrative resources has the Department of Primary Industries provided for the environmental review committees that have been formed across the State to allow council, industry and community representation.

ANSWER:

I am informed that:

In most cases the operating costs associated with environmental review committees are borne by the industry proponent whose project is under the committee’s scrutiny. The Department provides administrative support for some committees by providing a minute secretary, distributing agendas, minutes and other papers and co- ordinating the calling of meetings.

The Department assists community members of the committees by providing appropriate information and interpretation to assist them to understand technical aspects of the projects. In addition the Department attempts QUESTIONS ON NOTICE

144 COUNCIL Wednesday, 31 March 2004 wherever possible to ensure meetings are held at a time and place creating the least inconvenience for community representatives.

Resources: resources for community groups

1211. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What resources has the Department of Primary Industries provided to assist community groups to advocate on local mining and resources industry issues.

ANSWER:

I am informed that:

The Department of Primary Industries assists community groups to advocate on local mining and resource industry issues by providing information and access to staff at regional centres who can advise on mining and resources issues, local impacts, regulation and administrative procedures. The Department also assists community groups through

– Environmental Review Committees (ERCs); – direct community engagement; – publication of guidance notes; – education campaigns; and – dispute resolution through the Mining Warden.

The Department of Primary Industries has up to 30 people across the State directly employed on mining and resource industry issues within the Minerals Petroleum Regulation Branch. All of these staff provide support to assist community groups to advocate on local mining and resource industry issues as part of their overall role within the Department.

Resources: community groups — assistance

1212. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many community groups have received assistance from the Department of Primary Industries.

ANSWER:

I am informed that:

This question tends to refer to all assistance provided by the Department of Primary Industries rather than being specifically directed to my resources portfolio.

Accordingly I suggest you direct the request to Minister Cameron, who is the lead Minister for the Department and can provide you with a complete response on all such assistance provided by the Department.

Resources: mining and resource companies — programs

1213. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What programs has the Department of Primary Industries initiated to assist mining and resource companies to develop harmonious working relations with local communities.

ANSWER:

I am informed that:

Principally the Department of Primary Industries uses: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 145

– Environmental Review Committees (ERCs); – direct community engagement; – publication of guidance notes; and – education campaigns as its major strategies to develop harmonious working relationships with local communities.

Resources: planned investment

1214. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Minister’s statement at the Public Accounts and Estimates Committee hearing that there is $4 billion worth of planned investment in the minerals, petroleum and extractive industries in Victoria over the next six years:

(a) How much of this planned investment is in the petroleum industry.

(b) Where is this petroleum investment planned in the State.

ANSWER:

I am informed that:

An estimated $3.5 billion worth of the planned investment is in the petroleum industry.

Of that amount, approximately $1.73 billion is for projects in the Gippsland area including the BassGas project by Origin. The other $1.77 billion is for projects in the Otway including the Otway gas project to be developed by Woodside Energy Ltd.

Resources: planned investment

1215. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Minister’s statement at the Public Accounts and Estimates Committee hearing that there is $4 billion worth of planned investment in the minerals, petroleum and extractive industries in Victoria over the next six years:

(a) How much of this planned investment is in the minerals industry.

(b) Where is this minerals industry investment planned in the State.

ANSWER:

I am informed that:

In my statement to the Public Accounts and Estimates Committee the estimated capital expenditure on minerals and petroleum projects in Victoria for 2002-2007 was $4.429 billion. This comprises $3.501 billion for petroleum and $0.928 billion for minerals projects.

The minerals projects cover gold mining in central Victoria (including Bendigo and Fosterville in central Victoria), mineral sands (Douglas, southwest of Horsham and two projects near Ouyen) and brown coal mining and processing in the Latrobe Valley.

Resources: planned investment

1216. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Minister’s statement at Public Accounts and Estimates Committee hearing that there is $4 billion worth of planned investment in the minerals, petroleum and extractive Industries in Victoria over the next six years: QUESTIONS ON NOTICE

146 COUNCIL Wednesday, 31 March 2004

(a) How much of this planned investment is in the extractive industries.

(b) Where is this extractive industries investment planned in the State.

ANSWER:

I am informed that:

There is currently in the order of $100 million of planned new investment in extractive industries over the next 6 years. This money will be primarily spent in two regions:

– developing the existing hard rock sites in the East Metropolitan Region (also North and West Metropolitan areas); and – developing new sand reserves in the Grantville area and existing sites at Bacchus Marsh.

Resources: mineral sands industry

1217. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What is the Department of Primary Industries’ predicted value of the mineral sand industry in Northern Victoria.

ANSWER:

I am informed that:

The value of future mineral sands developments in this State is impressive and has a number of different facets. Should all four of the projects considered gain Government approval, based on information provided by the companies, gross revenue from the sale of minerals based on current commodity prices and exchange rates could amount to approximately $3.9 billion.

Resources: mineral sands industry

1218. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What royalties will the mineral sand industry generate for Victoria.

ANSWER:

I am informed that:

Future royalties from currently approved projects will amount to $3.4 million annually. This figure is for Stage 1 of Iluka Resources Douglas project alone. Over the predicted ‘life’ of that stage royalties will amount to approximately $23.8 million in total.

The estimates are subject to considerable variation due to fluctuations in commodity prices, production levels and exchange rates.

Resources: mineral sands industry

1219. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How much revenue was collected in mineral sand exploration royalties in Victoria in 2000-01 2001-02 and 2002-03, respectively.

ANSWER:

I am informed that:

Royalties on mineral sand exploration do not exist and have never existed in the term of the Mineral Resources Development Act 1990. Therefore the answer to the Honourable Member’s question is zero. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 147

Resources: mineral sands industry

1220. THE HON. PHILIP DAVIS — To ask the Minister for Resources: How many people were employed in the mineral sand industry in Northern Victoria in 2000, 2001 and 2002, respectively.

ANSWER:

I am informed that:

In the year 2000 there were 86 direct employees of the mineral sand industry of Victoria. In the year 2001 there were 175 direct employees and in 2002 there were 190.

Resources: portfolio revenue

1221. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Public Accounts and Estimates Committee hearing in May 2003 where the Minister predicted that revenue for the portfolio is expected to be just over $28.1 million, what royalties constitute the base for the predicted $23.4 million of that revenue.

ANSWER:

I am informed that:

The estimated revenue from royalties in 2003-04 as presented at the PAEC hearing was $24.3 million (refer to Hansard, page 330) and not $23.4 million as indicated in the question. The royalties that constitute the base of the $24.3 million revenue are detailed below:

Extractive Material Royalty - Collected under the Extractive Industries Development Act 1995 under which ‘Extractive Industry’ refers to quarries and ‘Extractive Material’ refers to stone.

Mineral Resources Regulations Royalty - Collected under the Minerals Resources Development Act 1990 and refers to any substance which occurs naturally as part of the earth’s crust but excludes water and stone peat or petroleum.

Onshore Petroleum Royalty - Collected under the Petroleum Act 1998 and applies to all petroleum extracted or recovered from any well within the land of Victoria.

Resources: portfolio revenue

1222. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Public Accounts and Estimates Committee hearing in May 2003 where the Minister predicted that revenue for the portfolio is expected to be just over $28.1 million, what is the expected revenue from each particular royalty that will constitute the predicted $23.4 million of that revenue.

I am informed that:

The estimated revenue from royalties in 2003-04 as presented at the PAEC hearing was $24.3 million (refer to Hansard, page 330) and not $23.4 million as indicated in the question. The revenue from these royalties is detailed below:

$2.4m Extractive Material Royalties

$16.4m Mineral Resources Regulations Royalties (includes Brown Coal Royalty of $16.0m)

$5.5m Onshore Petroleum Royalties

$24.3m Total QUESTIONS ON NOTICE

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Resources: primary industries — royalties

1223. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What royalties were collected by the Department of Primary Industries in 1999-2000, 2000-01, 2001-02 and 2002-03, respectively.

ANSWER:

I am informed that:

The Department of Primary Industries (DPI) was established on 5 December 2002 and in accordance with an Order in Council made pursuant to the Administrative Arrangements Act 1983 on 26 June 2003, DPI’s financial report reflects only the six month period between 1 January 2003 to 30 June 2003. During this six month period DPI collected $10.2 million of revenue from royalties.

Resources: lease revenue

1224. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Public Accounts and Estimates Committee hearing in May 2003 where the Minister predicted that revenue from leases is expected to be $3.6 million in 2003-04, what were the revenues from leases in 1999-2000, 2000-01, 2001-02 and 2002-03, respectively.

ANSWER:

I am informed that:

The Department of Primary Industries (DPI) was established on 5 December 2002 and in accordance with an Order in Council made pursuant to the Administrative Arrangements Act 1983 on 26 June 2003, DPI’s financial report reflects only the six month period between 1 January 2003 to 30 June 2003. During this six month period DPI collected $1.6 million of revenue from leases and licences.

Resources: revenue — fees and infringement notices

1225. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the Public Accounts and Estimates Committee hearing in May 2003 where the Minister predicted that revenue from fees and infringement notices is expected to be $3.6 million in 2003-04, what were the revenues from fees and infringement notices in 1999-2000, 2000-01, 2001-02 and 2002-03, respectively.

ANSWER:

I am informed that:

As the Department of Primary Industries was only established on 5 December 2002, information relating to prior financial years is not available. An amount of $0.3 million was collected for the Minerals and Petroleum portfolio in revenue from fees and infringement notices in the six month period from 1 January to 30 June 2003.

Resources: Pipelines Act — review

1226. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What is the proposed timeline to complete the review of the Pipelines Act 1967.

ANSWER:

I am informed that:

The review of the Pipelines Act 1967 is continuing. At the present time, issues raised as a result of the public release of the Pipelines Proposal Paper are being addressed. It is expected that a draft Bill will be available in 2004. QUESTIONS ON NOTICE

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Resources: fees and charges — indexation

1227. THE HON. PHILIP DAVIS — To ask the Minister for Resources:

(a) What fees and charges are set to rise with the Government’s policy of indexing fees and charges.

(b) What increase in revenue for the Department of Primary Industries is the rise in fees and charges predicted to deliver.

(c) Does the Department have a target to meet with respect to increased revenue from fees and charges.

(d) When will the mineral and resource industry receive notification of the increased fees and charges.

ANSWER:

I am informed that:

As the first three parts of your question refer to the whole of DPI, they should be referred to the co-ordinating Minister for Department of Primary Industries, Minister Cameron.

In regard to the final part of your question, fees and charges for the mineral and resource industry are exempt from being indexed in 2003-04.

Resources: Victorian Initiative Mineral and Petroleum — datasets

1228. THE HON. PHILIP DAVIS — To ask the Minister for Resources:

(a) What is the timeline for the Department of Primary Industries to have all the Victorian Initiative Mineral and Petroleum (VIMP) existing and future datasets available online.

(b) Will the Government charge users for access to all the VIMP existing and future datasets when they are available online.

ANSWER:

I am informed that:

(a) Major steps have been taken in the last year in providing geoscience data on-line. In May 2003, as part of the 2003 VIMP data release, I launched Minerals and Petroleum’s Mapshare. Mapshare now provides on-line geoscience data of value to the minerals and petroleum industries. A second version of Mapshare was released in November 2003, which allows for some downloading as well as viewing of data.

My Department, through further versions of Minerals and Petroleum Mapshare and under its “Deeply-on- line” initiative is planning to increase progressively the availability of on-line geoscience data and services. In the future this would see further access to the state’s geoscience databases, including open file Exploration Licence reports, and on-line applications, lodgements and payments.

(b) In keeping with most of the other States and the Commonwealth, access to geoscience data on-line is free.

Resources: Latrobe aquifer

1229. THE HON. PHILIP DAVIS — To ask the Minister for Resources: In relation to the moratorium placed on the Latrobe Group Aquifer in 1997 and the establishment of a consultative committee to develop a draft groundwater management plan to lift the moratorium:

(a) How many times has this committee met. QUESTIONS ON NOTICE

150 COUNCIL Wednesday, 31 March 2004

(b) What is the timeline for the committee to develop the draft plan.

ANSWER:

I am informed that:

The matter of the moratorium does not fall within the portfolio responsibilities and should be directed to the Minister for Environment and Water.

Resources: Bendigo mining — water savings

1230. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What assistance is the Department of Primary Industries providing to Bendigo mining to develop water saving and recycling initiatives.

ANSWER:

I am informed that:

Bendigo Mining NL is looking to fully exploit the beneficial re-use of waste products including water, tailings and waste rock produced by its Bendigo Gold Project.

The Minerals and Petroleum Division of the Department of Primary Industries has actively supported the development of recycling initiatives developed by the company. This has included close technical liaison between Department engineers and the company and facilitating discussions with the Environment Protection Authority with a view to resolving regulatory issues.

I understand Bendigo Mining, in conjunction with Coliban Water, EPA and the City of Greater Bendigo, has successfully applied for a $150,000 grant under the Water for Growth program to examine the re-use of mine water.

Resources: mining industry — water savings

1231. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What are the Minister’s targets for water savings in the mining industry.

ANSWER:

I am informed that:

The Bracks Government is committed to building and maintaining a sustainable and thriving mining industry in Victoria. To ensure that the mining industry maintains community support and has a vibrant and sustainable future, all aspects of mining operations must reflect community values and concerns including the effective and efficient use of water resources.

The Bracks government believes that the most effective way of achieving lasting water savings in the mining industry is for the mining sector to be part of a broad integrated water management strategy. During April 2003, the Minister for Water, John Thwaites, released a Statement on Water, “Valuing Victoria’s Water”, outlining the Government’s future directions toward achieving sustainability in this area. In August 2003, the Bracks Government released a Green Paper, “Securing Our Water Future”, marking the first step in achieving this goal and an important milestone in the Water Review process. All stakeholders including the mining industry were asked to make submissions on “Securing Our Water Future”.

The Bracks government will use this input to determine priorities, which will be announced through a White Paper in early 2004, heading toward conclusion of the Victorian Water Review process. The review will identify a strategy for management of Victoria’s water resources with actions across the government, industry and community sectors. It is not appropriate for me to nominate water savings targets for a particular industry sector while the review is in progress. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 151

Resources: mining industry — water savings

1232. THE HON. PHILIP DAVIS — To ask the Minister for Resources: What programs is the Minister implementing to achieve water savings in the mining industry.

ANSWER:

I am informed that:

The Department of Primary Industries (DPI) has adopted a pragmatic and pro-active approach to achieving water savings in the mining industry. Programs for achieving water savings in the mining and resources sector include:

– The provision of assistance / advice to existing operators on water savings strategies. This includes the development of water efficient production operations, re-design of existing production processes, introduction of new technology to minimise production water, dust suppression, water tanks to catch and store run off, water saving devices in employee facilities, and rehabilitation using drought resistant species;

– Requiring new mining operations to purchase water at a price, which reflects the cost of implementing water conservation measures to provide for their usage; and

– Applying licence conditions to new mining operations to include strategies to achieve water savings - such as water efficient mines policy.

The DPI is committed to assisting the mining and resources sector to achieve substantial water savings by managing our water resources in a sustainable manner for all Victorians.

Resources: mining licences

1233. THE HON. PHILIP DAVIS — To ask the Minister for Resources:

(a) What percentage of all mining licences in Victoria are not active.

(b) What action is being taken to assist in activating these licences.

(c) How many jobs would be generated if these licences were activated.

ANSWER:

I am informed that:

(a) 73% of mining licences granted in Victoria are “active” in terms of having reported to DPI on production and royalty.

Of the remaining 27% mining licences that are “not active”, the explanation as to why they are so is as follows:

– some are held principally by farmers to mine gypsum intermittently; – some are held by licensees in administration/bankruptcy; – some have licence conditions suspended for short term periods; and – the remainder are recently granted and are progressing towards being issued a “work authority” which allows mining to commence.

(b) Action taken to assist in activating these “non-active” licences:

Involves DPI having implemented a compliance auditing program which is designed to educate licensees about licence obligations and responsibilities; or if this is unsuccessful DPI moves to cancel licences. QUESTIONS ON NOTICE

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(c) It is difficult to reliably estimate how many jobs could be generated. However, a best estimate is 30 jobs equivalent.

Police and emergency services: national handgun buyback scheme

1234. THE HON. ANDREW BRIDESON — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to the National Handgun Buyback Scheme:

(a) How much has been paid to gun owners for the three months ending 31 October 2003.

(b) What was the administration cost for these three months.

(c) What was the cost associated with the destruction of guns that have been handed in.

ANSWER:

I am advised by Victoria Police that:

(a) $13.2 million has been paid as compensation to handgun owners and licensed firearms dealers for handguns, parts and accessories during the period 1 July 2003 to 31 October 2003;

(b) $692,000 has been incurred by Victoria Police in administration costs for the operation of handgun buyback centres during the period 1 July 2003 to 31 October 2003;

(c) no cost has been incurred to date for the destruction of handguns. All handguns are being smelted by Smorgan’s Steel Recycling at no immediate cost to the Government or Victoria Police. Costs in relation to this process will be known once independent audit fees and the processing of ammunition surrendered by licensed firearms dealers has been completed. A total of $100,000 has been allocated by Victoria Police for the destruction of handguns, ammunition, parts and accessories.

Major projects: proposed hazardous waste sites

1235. THE HON. PETER HALL — To ask the Minister for Local Government (for the Minister for Major Projects): In relation to the proposed hazardous waste sites:

(a) Why is the Hazardous Waste Siting Advisory Committee not mentioned in any of the material released by the Government and did it play any role in the site selection.

(b) Where were the other 100, 14 and six sites that were originally identified before the Government decided on the final three at Violet Town, Pittong and Tiega.

(c) Why is it that the soil recycling facility at Dutson Downs will not be subject to an Environmental Effects Statement when these three other sites will.

(d) What were the “30 stringent criteria” used by the Government to identify the three sites.

(e) On what criteria was two thirds of the State ruled out through computer mapping alone.

(f) Why could no suitable Crown land be found.

(g) Given that the Government expects the facility to be highly secure, why is it that no sites were short-listed in the metropolitan area where the bulk of the waste will come from.

(h) How long has this process been underway and were any tests taken on private land without the consent of landholders. QUESTIONS ON NOTICE

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ANSWER:

I am informed that:

(a) The Hazardous Waste Siting Advisory Committee was not involved in identification or selection of sites for the Containment Facility. The Committee’s activities were limited to finding sites for a Soil Recycling Facility. The Committee ceased meeting last year, prior to the commencement of siting investigations for the Containment Facility.

(b) The more than 30 siting criteria adopted by Government in December 2000 after significant community consultation was applied to the entire State in order to exclude land which was unlikely to be suitable, and to identify potentially suitable sites all around the State. As more information was collected the number of investigation areas were progressively reduced until the best three areas remained.

(c) The Minister for Planning determined that no EES would be required for the Soil Recycling Facility because of the limited potential for environmental impact of a recycling plant, plus the opportunity for further public review during the EPA works approval process. It is appropriate that an EES be conducted for the Containment Facility project because of the more complex environmental, social and economic issues involved.

(d) The siting criteria for the Containment Facility were published in the Final Report of the Hazardous Waste Consultative Committee in April 2000. That report is available in full on the Major Projects Victoria website. The criteria include measures to protect natural and community resources such as water and parks, achieve adequate separation from sensitive uses and to meet the technical requirements of the facility.

(e) The siting investigations included the computer-based application of the best available data matching the siting criteria, plus field investigations and technical advice from expert geologists, groundwater and other natural resources specialists.

(f) Government owned land was included in the State wide review. No Government land was identified that adequately met the siting criteria.

(g) Sites close to Melbourne were investigated first, in order the minimise transport distances. However, no site could be found that adequately met the siting criteria.

(h) The siting process has been conducted since the start of 2003 and no tests were conducted on private land without the consent of landholders.

Police and emergency services: national handgun buyback scheme

1236. THE HON. PETER HALL — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to the National Handgun Buyback Scheme:

(a) How many handguns have been surrendered.

(b) What is the total cost of the buyback plan at this stage.

(c) How does this compare with Government estimates.

ANSWER:

I am advised by Victoria Police that:

(a) up to 15 December 2003, a total of 17, 685 handguns have been surrendered;

(b) up to 15 December 2003, the total cost of the handgun buyback is $19.8 million; QUESTIONS ON NOTICE

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(c) up to 15 December 2003, the total cost of the handgun buyback is $19.8 million. This figure exceeds the original estimate, which was determined on the basis that compensation would be paid for newly prohibited handguns only. Following the formulation of this estimate, it was subsequently agreed by the Commonwealth and all States and Territories that non-prohibited handguns would be the subject of compensation in the case of handgun target shooters exiting the sport of handgun target shooting and also in the case of handgun collectors unable or unwilling to comply with the new requirements for a category 2 firearms collectors licence for the collection of handguns manufactured on or after 1 January 1947. This expansion in the scope of the buyback significantly increased compensation and administration costs.

Tourism: Australian Tourist Commission — funding

1237. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): How much has Tourism Victoria contributed to the Australian Tourist Commission in 1999, 2000, 2001, and 2002, respectively.

ANSWER:

I am informed as follows:

As the Australian Tourist Commission is a Commonwealth Government agency, it is not funded by the Victorian Government.

Tourism: regional tourism development plans

1238. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): In relation to the review process of the existing Regional Tourism Development Plans:

(a) What are the exact boundaries of the six zones that the Regions have now been aligned into.

(b) What is the purpose of realigning the 13 Regions into six zones.

(c) When will the draft paper of the Regional Tourism Development plan be completed and distributed.

ANSWER:

I am informed as follows:

(a) At the beginning of the Zonal Tourism Development Plan process, Victoria was divided into six zones. During this process, Great Ocean Road and Grampians were split to make a seventh zone. The zones are based on local government boundaries and are listed below:

Melbourne Surrounds Queenscliff, Greater Geelong, Golden Plains, Moorabool, Macedon Ranges, Mitchell, Yarra Ranges, Cardinia and Phillip Island.

Goldfields Pyrenees, Ballarat, Hepburn, Central Goldfields, Mount Alexander, Greater Bendigo and Loddon.

Great Ocean Road Surf Coast, Colac Otway, Corangamite, Moyne, Warrnambool and Glenelg.

Grampians Ararat, Southern Grampians, West Wimmera, Horsham, Northern Grampians, Buloke, Yarriambiack and Hindmarsh.

Murray QUESTIONS ON NOTICE

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Mildura, Swan Hill, Gannawarra, Campaspe, Greater Shepparton, Moira and Wodonga.

North East Victoria Strathbogie, Murrindindi, Mansfield, Benalla, Wangaratta, Alpine, Indigo and Towong.

Gippsland Bass Coast (excluding Phillip Island), South Gippsland, Baw Baw, Latrobe, Wellington and East Gippsland.

(b) At this stage, the seven zones are being used for planning purposes only. Implementation plans will be outlined in the zonal plans and may recommend changes to boundaries. Any recommendations for boundary changes will be made in consultation with the tourism industry.

(c) Draft Zonal Tourism Development Plans will be circulated for industry consultation in early 2004.

Corrections: prison design capacity

1240. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) What was the actual prison design capacity as at — (i) 1 July 2003; (ii) 1 August 2003; (iii) 1 September 2003; (iv) 1 October 2003; and (v) 1 November 2003 in each of these prisons.

(b) What was the daily muster as at — (i) 1 July 2003; (ii) 1 August 2003; (iii) 1 September 2003; (iv) 1 October 2003; and (v) 1 November 2003 in each of these prisons.

ANSWER:

I am advised that / as follows:

As has been pointed out on numerous occasion, including Ministerial office briefings, and the Public Accounts and Estimates Committee Hearing on 23 May, 2003, comparing occupancy against design capacity is a meaningless exercise given that following major expansions the actual capacity of our prisons is now 1400 beds greater than the original design capacity.

Transport: Deakin University — rail platform

1241. THE HON. JOHN VOGELS — To ask the Minister for Local Government (for the Minister for Transport): In relation to the Government’s election promise to provide $250,000 within 12 months to build a rail platform at Deakin University, at what stage is the planning for this rail platform.

ANSWER:

I am informed that:

Planning for the construction of a new railway platform adjacent to Deakin University in Warrnambool is being progressed with the various stakeholders including West Coast Railway, Freight Australia, Warrnambool City Council and Deakin University.

Discussions with Freight Australia to determine the safety requirements for this project are progressing well and it is expected that an announcement regarding the platform construction will be made shortly. QUESTIONS ON NOTICE

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Resources: Crown of Thorns collapse — Port Campbell-Peterborough

1242. THE HON. JOHN VOGELS — To ask the Minister for Resources: In relation to the collapse of the land formation known as the Crown of Thorns between Port Campbell and Peterborough:

(a) Will the Minister assure the local community that the collapse of this tourist icon has nothing to do with the seismic testing simultaneously being carried out by Woodside Energy.

(b) What expert opinion has the Minister relied upon to make such assurance.

(c) Will the Minister make the expert opinion available to the public.

(d) Will the Minister initiate an independent review of the factors causing the collapse of the aforementioned tourist icon.

ANSWER:

I am informed that:

The collapse of the rock formations along the Otway coast is a natural result of the action of the sea and the wind on a soft limestone coast subject to significant storms.

I have relied on advice from my Department and on statements by the Chief Ranger of Parks Victoria in the area.

This response reflects advice from the Department of Primary Industries. The statements by the Chief Ranger are already on the public record, having been reported in the local media.

An independent review of the factors is not justified.

Your negative attitude to current seismic exploration activities by companies such as Woodside has been noted. It is in contrast to the Federal Liberal Party’s support of such exploration activities.

Environment: Melbourne zoo — entry fees and concessions

1243. THE HON. ANDREA COOTE — To ask the Minister for Local Government (for the Minister for Environment): In relation to entry fees and concessions at Melbourne Zoo:

(a) Is the Seniors Card currently recognised as a concession card at the Zoo.

(b) What is the current entry price for a person over the age of 65 years at the Zoo.

(c) Was the Seniors Card recognised as a concession card at the Zoo during each of the years 1999, 2000, 2001 and 2002.

ANSWER:

I am informed that:

(a) Holders of Seniors Cards are eligible for concessional entry prices at Melbourne Zoo.

(b) The current entry price for adults, including those over 65 years of age, is $17.50. The entry price for concession card holders (including pensioners and health care card holders) is $13.00 and for Seniors Card holders is $15.80.

(c) The Seniors Card was recognised as a concession card at the Zoo during each of the years 1999, 2000, 2001 and 2002. Holders of Seniors Cards are also offered free admission to Melbourne Zoo on one day during Seniors Week. QUESTIONS ON NOTICE

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Environment: Healesville Sanctuary — entry fees and concessions

1244. THE HON. ANDREA COOTE — To ask the Minister for Local Government (for the Minister for Environment): In relation to entry fees and concessions at the Healesville Sanctuary:

(a) Is the Seniors Card currently recognised as a concession card at the Sanctuary.

(b) What is the current entry price for a person over the age of 65 years at the Sanctuary.

(c) Was the Seniors Card recognised as a concession card at the Sanctuary during each of the years 1999, 2000, 2001 and 2002.

ANSWER:

I am informed that:

(a) Holders of Seniors Cards are eligible for concessional entry prices at the Healesville Sanctuary.

(b) The current entry price for adults, including those over 65 years of age, is $17.50. The entry price for concession card holders (including pensioners and health care card holders) is $13.00 and for Seniors Card holders is $15.80.

(c) The Seniors Card was recognised as a concession card at the Sanctuary during each of the years 1999, 2000, 2001 and 2002. Holders of Seniors Cards are also offered half price admission to the Sanctuary during Seniors Week.

Environment: Werribee Open Range Zoo — entry fees and concessions

1245. THE HON. ANDREA COOTE —To ask the Minister for Local Government (for the Minister for Environment): In relation to entry fees and concessions at the Werribee Open Range Zoo:

(a) Is the Seniors Card currently recognised as a concession card at the Zoo.

(b) What is the current entry price for a person over the age of 65 years at the Zoo.

(c) Was the Seniors Card recognised as a concession card at the Zoo during each of the years 1999, 2000, 2001 and 2002.

ANSWER:

I am informed that:

(a) Holders of Seniors Cards are eligible for concessional entry prices at Werribee Open Range Zoo (WORZ).

(b) The current entry price for adults, including those over 65 years of age, is $17.50. The entry price for concession card holders (including pensioners and health care card holders) is $13.00 and for Seniors Card holders is $15.80.

(c) No. Holders of Seniors Cards have received discounted admissions at WORZ since August 2003. However, Seniors Card holders have been offered half price admission to WORZ during Seniors Week for more than 10 years.

Tourism: brand health survey — research

1246. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): In relation to the Brand Health research being undertaken by Tourism Victoria:

(a) What is the cost of the research. QUESTIONS ON NOTICE

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(b) Is this research undertaken by Tourism Victoria or is it outsourced.

(c) Will the research be available publicly; if so, when.

ANSWER:

I am informed as follows:

(a) The cost of Tourism Victoria’s Brand Health Survey for 2003 was $24,745.

(b) The survey was undertaken by Roy Morgan Research.

(c) A summary of results of the survey was included in the August edition of the Tourism Victoria Newsletter, which is available online at www.tourismvictoria.com.au. Results have also been presented at a range of planning and strategy development sessions with relevant industry stakeholders.

Consumer Affairs: ministerial staff

1248. THE HON. W.R. BAXTER — To ask the Minister for Consumer Affairs: Are any members of the Minister’s staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, remunerated by way of consultancy fees in lieu of salary and allowances.

ANSWER:

I advise that:

No member of my staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, have been remunerated by way of consultancy fees in lieu of salary and allowances.

Gaming: ministerial staff

1275. THE HON. W.R. BAXTER — To ask the Minister for Sport and Recreation (for the Minister for Gaming): Are any members of the Minister’s staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, remunerated by way of consultancy fees in lieu of salary and allowances.

ANSWER:

I am informed that:

No member of my staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, have been remunerated by way of consultancy fees in lieu of salary and allowances.

Racing: ministerial staff

1276. THE HON. W.R. BAXTER — To ask the Minister for Sport and Recreation (for the Minister for Racing): Are any members of the Minister’s staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, remunerated by way of consultancy fees in lieu of salary and allowances.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 159

No member of my staff listed in the 2003-04 Victorian Government Directory, persons who have replaced those listed, or staff engaged since the Directory’s publication, have been remunerated by way of consultancy fees in lieu of salary and allowances.

Corrections: Public Correctional Enterprise — tobacco smoke

1288. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the concern of health effects by employees of the Public Correctional Enterprise (CORE), Australasian Correctional Management (ACM) and Group 4 FALCK to the exposure to environmental tobacco smoke:

(a) Have the employees been affected by environmental tobacco smoke.

(b) For what period of time have employees taken time off work due to environmental tobacco smoke in 2000-01, 2001-02 and 2002-03, respectively.

(c) What processes are in place when employees complain about environmental tobacco smoke.

(d) What are the rights and obligations of employees affected by environmental tobacco smoke.

ANSWER:

I am advised that / as follows:

In the mid-1990s, Corrections Victoria commissioned tests to monitor the exposure of staff who are required to work in accommodation areas to passive smoke; these showed that the exposure is (or was) at acceptable levels. Prisoners’ exposure to passive smoking is minimised wherever possible. During the day, no smoking is allowed indoors.

Prisoners are asked at each location whether, if they are to share accommodation with others, they would prefer to be with non-smokers. Usually a non-smoker’s request to be housed with other non-smokers can be accommodated within a few days, if not immediately. Smoking is not allowed in transport vehicles. Each prison is also now giving considering to establishing one or more entirely non-smoking units.

I note that issues relating to passive cigarette smoke in prisons did not feature in Opposition Policy prior to the 2002 election. I understand that this was because the Liberal Party did not have a Corrections Policy.

Corrections: Public Correctional Enterprise — tobacco smoke

1290. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the concern of health effects by prisoners of the Public Correctional Enterprise (CORE), Australasian Correctional Management (ACM) and Group 4 FALCK to the exposure to environmental tobacco smoke:

(a) Have the prisoners been affected by environmental tobacco smoke.

(b) What processes are in place when prisoners complain about environmental tobacco smoke.

(c) What are the rights and obligations of prisoners affected by environmental tobacco smoke.

ANSWER:

I am advised that / as follows:

In the mid-1990s, Corrections Victoria commissioned tests to monitor the exposure of staff who are required to work in accommodation areas to passive smoke; these showed that the exposure is (or was) at acceptable levels. QUESTIONS ON NOTICE

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Prisoners’ exposure to passive smoking is minimised wherever possible. During the day, no smoking is allowed indoors.

Prisoners are asked at each location whether, if they are to share accommodation with others, they would prefer to be with non-smokers. Usually a non-smoker’s request to be housed with other non-smokers can be accommodated within a few days, if not immediately. Smoking is not allowed in transport vehicles. Each prison is also now giving considering to establishing one or more entirely non-smoking units.

I note that issues relating to passive cigarette smoke in prisons did not feature in Opposition Policy prior to the 2002 election. I understand that this was because the Liberal Party did not have a Corrections Policy.

Health: Public Correctional Enterprise — healthy lifestyle grant

1291. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Aged Care (for the Minister for Health): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Dame Phyllis Frost Centre and in relation to the $5,000 grant provided by VicHealth to the Public Correctional Enterprise (CORE) for the healthy lifestyle for older inmates in prison:

(a) How have the benefits from this grant supported the facilities outlined above.

(b) What specific improvements to those facilities can be directly attributed to the grant.

ANSWER:

I am informed that:

The information requested is in relation to a VicHealth Program and is not routinely collected by the Department of Human Services.

The grant was provided under the “Active for Life” Program and would have provided a physical activity program rather than infrastructure.

Corrections: prisoners — compassionate leave

1292. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in November 2002 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) Where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 161

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1293. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in December 2002 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis.

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1294. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in January 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) Where was compassionate leave taken at any one time. QUESTIONS ON NOTICE

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ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis.

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1295. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in February 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) Where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis.

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: private prisons contract review notice

1296. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the contractor’s record for ensuring prisoner and staff safety. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 163

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice.

As such it has no relevance to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to the contractor’s record for ensuring prisoner and staff safety were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Corrections: private prisons contract review notice

1297. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the adequacy of the contractor’s staffing numbers and staff skills.

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice.

As such it has no relevance to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to negotiations with the private prisons regarding adequacy of the contractor’s staffing numbers and staff skills were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Tourism: regional tourism destination web sites

1298. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): QUESTIONS ON NOTICE

164 COUNCIL Wednesday, 31 March 2004

(a) Which regional tourism destination websites does Tourism Victoria currently host and manage.

(b) Which regional tourism destination websites did Tourism Victoria host and manage in 2000, 2001 and 2002, respectively.

ANSWER:

I am informed as follows:

Tourism Victoria does not host or manage regional destination websites.

Tourism: regional tourism destination web sites

1299. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): What is the average cost of Tourism Victoria’s website development services.

ANSWER:

I am informed as follows:

Tourism Victoria does not provide or offer website development services.

Tourism: regional tourism destination web sites

1300. THE HON. ANDREA COOTE — To ask the Minister for Small Business (for the Minister for Tourism): On what date did Tourism Victoria begin offering website development and hosting services to regional campaign committees.

ANSWER:

I am informed as follows:

Tourism Victoria does not offer website development services to regional campaign committees, rather it is working with the committees to establish regional gateways and comprehensive regional tourism information on visitvictoria.com, which it hosts.

Corrections: private prisons contract review notice

1305. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the history of incidence management.

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 165

As such it has no relevance to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to negotiations with the private prisons regarding history of incidence management were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Corrections: private prisons contract review notice

1306. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the completeness and accuracy of incident reporting in terms of the number of reports and content.

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice.

As such it has no relevance to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to negotiatons with the private prisons regarding accuracy of reporting and effectiveness of operations were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Corrections: prisoners — compassionate leave

1307. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in March 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time. QUESTIONS ON NOTICE

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ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis.

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: private prisons contract review notice

1308. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the timeframe for correcting default orders.

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice.

As such it has no relevance to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to the timeframe for correcting default orders were not canvassed in the Liberal 2002 pre- election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Police and emergency services: proposed Tarnagulla police station

1309. THE HON. DAMIAN DRUM — To ask the Minister for Energy Industries (for the Minister for Police and Emergency Services): In relation to the promised new police station yet to be built at Tarnagulla:

(a) What is the expected starting date for the new station.

(b) How long is it expected to take to build.

(c) What is the expected completion date, and is this different to the original date planned. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 167

(d) How does the expected final cost compare with the original estimate of the costs involved.

ANSWER:

I am informed that:

(a) Construction of the Tarnagulla police station is expected to start in March 2004.

(b) The construction is expected to take approximately eight months.

(c) Construction is expected to be completed by late October or early November 2004. These timelines are consistent with the timelines in the construction contract.

(d) As this project is subject to tender in the New Year it is not possible to release the estimated project cost. Final costs will depend on the review of tenders received.

Environment: duck hunting

1310. THE HON. DAMIAN DRUM — To ask the Minister for Local Government (for the Minister for Environment):

(a) Will a duck hunting season be declared in 2004.

(b) Does the Minister support duck hunting continuing.

(c) Will fee-paying game bird licence holders be able to continue their tradition and cultural activities in 2004.

ANSWER:

I am informed that:

While conditions for waterfowl have improved from last year, the total game bird population across eastern Australia remains low and there will be a modified duck season held in 2004 to ensure that hunting does not affect the status of the overall game bird population. The duck season will be reduced to eight weeks opening on Saturday 20 March and closing on Sunday 16 May. The bag limit is reduced to two birds per day. An additional three Wood Duck may also be taken on each day of the season. Blue-winged Shoveler are protected in 2004 and must not be hunted.

Recreational game hunting is a legal activity in Victoria and the Government will continue to ensure that it is conducted in a responsible, ethical and sustainable manner, taking into account the views of hunters and hunting organisations and those of the broader community in the strategies employed.

Corrections: prisoners — compassionate leave

1311. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in April 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate. QUESTIONS ON NOTICE

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(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

The numbers of prisoners accessing compassionate leave changes on a monthly basis.

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. The permit supports the Government’s principle of managing offenders in a just and humane manner.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: private prisons contract review notice

1312. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) When the Public and Private Review Notice was negotiated did the review notice take into account the serious of, and/or frequency of, issue of default orders.

(b) How did this proposal contribute to the effectiveness of the private operated prisons.

(c) How did this proposal contribute to the effective operation of the public operated prisons.

ANSWER:

I am advised that / as follows:

There is no Public and Private Review Notice, however you may be confused with the Private Prisons Contract Review Notice.

As such it has no relevance to HM Prison Ararat, HM Prison

Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM

Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM

Prison Tarrengower, HM Prison Won Wron, and the Dame Phyllis Frost Centre:

I note that issues related to negotiations with the private prisons regarding the serious of, and/or frequency of, issue of default orders were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Attorney-General: chief justice appointment

1313. THE HON. BRUCE ATKINSON — To ask the Minister for Sport and Recreation (for the Attorney- General): In relation to the recent appointment of the new Chief Justice which followed a period of public advertising, how much money was spent advertising the position in — (i) Victoria; (ii) QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 169

Tasmania; (iii) South Australia; (iv) Western Australia; (v) Northern Territory and Australian Capital Territory; (vi) Queensland; and (vii) New South Wales.

ANSWER:

I am informed as follows:

The cost of advertising for the position of Chief Justice, Supreme Court of Victoria was $11,545.34 expended as follows:

1 advertisement in the Australian Financial Review - Friday 2/5/03 - $3,474.00 1 advertisement in the Australian - Saturday 3/5/03 - $4,412.48 1 advertisement in the Melbourne Age - Saturday 3/5/03 - $2,609.28 Plus GST - $1,049.58 Total $11,545.34

Treasurer: revenue

1315. THE HON. BILL FORWOOD — To ask the Minister for Finance (for the Treasurer): What was the amount of revenue received in 2002-03, and what is the estimated amount of revenue to be received in 2003-04, from each of the following heads of duty: (i) transfers of real property; (ii) declarations of trust; (iii) public liability insurance policies; (iv) other non-life insurance policies; (v) mortgages; (vi) new motor vehicles; (vii) used motor vehicles; (viii) Transport Accident Charge; (ix) hire of goods; (x) temporary or term life insurance policies; (xi) other life insurance policies; (xii) sale of cattle; (xiii) sale of sheep and goats; and (xiv) any other head of duty.

ANSWER:

I am informed that:

1. The State Revenue Office does not require taxpayers to provide information to the level of detail requested by Mr Clark. The collection of such detailed information would place excessive administrative burdens on Victorian taxpayers.

2. However I would direct the Honourable Member to information which is already publicly available.

3. Details of the 2003-04 budget estimates are contained in the 2003-04 Budget paper No. 3 (pages 448 – 459) and were updated in the 2003-04 Budget Update. Details of the 2002-03 actual outcomes are provided in the 2002-03 Financial Report.

Housing: property at 299 Humffray Street, Ballarat

1316. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 299 Humffray St, Ballarat:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building.

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building. QUESTIONS ON NOTICE

170 COUNCIL Wednesday, 31 March 2004

(g) How many lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building.

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract.

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services.

Housing: facility at 3 Amaranth Avenue, Altona North

1317. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 3 Amaranth Ave, Altona North:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building.

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building.

(g) How many Lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building.

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 171

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services.

Housing: facility at 1069 High Street, Reservoir

1318. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 1069 High St, Reservoir:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building.

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building.

(g) How many lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building.

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract.

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services.

Housing: facility at 134 Princes Highway, Dandenong

1319. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 134 Princes Hwy, Dandenong:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building. QUESTIONS ON NOTICE

172 COUNCIL Wednesday, 31 March 2004

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building.

(g) How many lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building.

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract.

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services.

Housing: facility at 11 Station Road, Deer Park

1320. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 11 Station Rd, Deer Park:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building.

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building.

(g) How many lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 173

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract.

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services.

Housing: facility at 86 East Road, Seaford

1321. THE HON. WENDY LOVELL — To ask the Minister for Housing: In relation to the construction and operation of the facility at 86 East Rd, Seaford:

(a) What is the size of the property in square metres.

(b) How many disabled toilets are there in the building.

(c) How many bathrooms are there in the building.

(d) Are the bathrooms configured to meet specifications for use by disabled persons.

(e) How many laundries are there in the building.

(f) How many kitchens are there in the building.

(g) How many lounge areas are there in the building.

(h) Is there wheelchair access to the building.

(i) On what date did construction begin.

(j) On what date did construction finish.

(k) What is the maximum number of residents that can be housed in the building.

(l) How many staff are required to operate the facility.

(m) Are there sleeping and living facilities for the staff; if so, how many rooms are allocated for this purpose.

(n) What is the expected cost per square metre for the building of this residence under the construction contract.

ANSWER:

I am informed that:

The matters raised in the question do not fall within my portfolio responsibilities. The Honourable Member should direct the question to the responsible Minister for Community Services. QUESTIONS ON NOTICE

174 COUNCIL Wednesday, 31 March 2004

Corrections: prisoners — compassionate leave

1322. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in May 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1325. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in June 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 175

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1326. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in July 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1327. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in August 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time. QUESTIONS ON NOTICE

176 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am advised that / as follows:

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: building design review project

1328. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections):

(a) What is the status of the Building Design Review Project in relation to fire safety and the minimisation of potential ‘hanging points’.

(b) Has the Minister planned any specific initiatives for 2003-04 and the level of funding allocated for these initiatives.

ANSWER:

I am advised that / as follows:

The following key activities in relation to the BDRP Implementation Works are being undertaken:

– Establishment of the Cell Safety & Fire Safety priorities. – Progression of design, procurement & construction of various elements of the Cell Safety and Fire Safety Upgrade of Maximum security prisons. – Progression of high priority Fire Safety works at Medium & Minimum security prisons. – Further progression of design and construction works for the implementation of Cell Safety & Fire Safety upgrades to Management Cells at Medium and Minimum security prisons. – A successful presentation to the Coroner on the Cell & Fire Safety Guidelines was made in early November.

The BDRP will continue throughout 2003-04 as outlined to you in your briefing from Corrections Victoria and at the PAEC hearings.

Water: Lake Eildon and Lake Eppalock — consumption

1329. THE HON. ANDREW BRIDESON — To ask the Minister for Local Government (for the Minister for Water): What percentage and volume of water from Lake Eildon and Lake Eppalock has been released for domestic consumption and irrigation purposes in each of the past five years.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 177

The amounts released from Lake Eildon and Lake Eppalock over the last five years for domestic and irrigation purposes are shown in the tables below. The percentages are approximate as actual deliveries are a mixture of water released from these storages and water harvested from catchments below these storages.

Volume and percentage released from Lake Eildon for domestic & irrigation consumption Financial Year Volume Percentage used for irrigation Percentage used for (GL) consumption domestic consumption

1998/99 1044 98 2

1999/00 1012 98 2

2000/01 1023 97 3

2001/02 1112 98 2

2002/03 722 97 3

Volume and percentage released from Lake Eppalock for domestic & irrigation consumption Financial Year Volume Percentage used for irrigation Percentage used for (GL) consumption domestic consumption

1998/99 52 81 19

1999/00 44 81 19

2000/01 76 89 11

2001/02 79 88 12

2002/03 55 82 18

Water: Lake Eildon and Lake Eppalock — consumption

1330. THE HON. ANDREW BRIDESON — To ask the Minister for Local Government (for the Minister for Water): What percentage of water from Lake Eildon and Lake Eppalock is projected to be used for domestic and irrigation purposes for each of the next five years.

ANSWER:

I am informed that:

The percentage of water from Lake Eildon and Lake Eppalock that will be used for domestic and irrigation purposes over the next five years will depend on the climatic conditions prevailing over that period. If dry conditions continue, the percentages are likely to be similar to those of the last five years. However, if catchment inflows improve the percentage of release used for domestic and irrigation will vary according to the water available for allocation and the prevailing weather conditions.

Water: Lake Eildon and Lake Eppalock — consumption

1331. THE HON. ANDREW BRIDESON — To ask the Minister for Local Government (for the Minister for Water): What water quality issues exist for the use of water at Lake Eildon and Lake Eppalock for domestic consumption. QUESTIONS ON NOTICE

178 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am informed that:

In general, water in its raw state from surface bodies such as Lake Eildon and Lake Eppalock can be used for domestic use, like bathing cleaning or washing, but not for drinking, food preparation or consumption or ice making without suitable treatment. Even so, the water must not be taken from a part of the lake that is liable to contamination by houseboat sewage, storm run-off, debris, sediment, toxic blue green algae or algae blooms in general, as may occur from time to time.

Naturally, if water is supplied on a larger scale, then it would be expected to have in place multiple barriers to contamination, such as filtration, storage detention and disinfection, to ensure that water used for drinking is always safe. A water authority needs to determine the effectiveness of each barrier to contamination and their added value in reducing water quality risks.

Lake Eildon is the source of water for drinking for Bonnie Doon and Eildon township after disinfection and a large number of towns further downstream, while water from Lake Eppalock is piped to Bendigo to become, after filtration and disinfection, drinking water for Bendigo.

There are also risks associated with the use of the lakes for recreation and the potential for water supply contamination, especially during full water contact activities. These risks need to be identified and appropriately managed.

Managers of storages from which water is sourced for drinking purposes (such as Eildon and Eppalock) may be required, under the Victorian Safe Drinking Water Act 2003, to prepare and implement risk management plans and systems to manage risks. This Act comes into operation on 1 July 2004.

It is good practice for recreators on a lake, such as houseboats or any user or land holder that discharges any water, waste or runoff into a lake, to ensure that its activities do not pollute a communal resource.

Water: retail tenancies — commercial releases

1332. THE HON. ANDREW BRIDESON — To ask the Minister for Local Government (for the Minister for Water): Do any government departments not adhere to the principles espoused in the Retail Tenancies Act 1997 when entering into commercial releases.

ANSWER:

I am informed that:

Your question was directed to me as Minister for Water and I can only answer for the Department of Sustainability and Environment, no other government department.

I am unable to answer your question as:

– there is no "Retail Tenancies Act 1997", and – it is unclear from your question what you mean by "entering into commercial releases".

Health: Victorian public service — secondments

1335. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health): As at 30 June 2003, how many staff were employed by the Minister on secondment from the Victorian Public Service, as at 30 June 2003, and — (i) what are their names; and (ii) what is the cost.

ANSWER:

I am informed that: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 179

The Minister for Health does not employ any staff on secondment from the Victorian Public Service.

Health: consultancies

1337. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health): In relation to each of the following organisations known as CPR Communications, Socom Response Public Relations, Auspoll Pty Ltd, The Strategy Shop, Social Shift Pty Ltd, Shannons Way, Essential Media Communications Pty Ltd and AKZ Consultancies:

(a) How many consultancies or other fee-chargeable contracts were let by the Minister or a member of the Minister’s department in the financial year ending 30 June 2003.

(b) What was the nature and purpose of each contract.

(c) What is the start date, duration and end date of each contract.

(d) What is the total cost of each contract.

ANSWER:

I am informed that:

CPR Communications (a) 1 (b) Problem Gambling Communication Campaign (c) 1 November 2002, 1 year, 30 November 2003 (d) $1,371,828.00

Socom Response Public Relations (a) 1 (b) Communication Strategy for Obesity Summit (c) 11 September 2002, 2 months, 10 November 2002 (d) $48,232.16

Auspoll Pty Ltd (a) nil

The Strategy Shop (a) nil

Social Shift Pty ltd (a) nil

Shannons Way (a) 4 (b) Problem Gambling Communication Campaign Problem Gambling Communication Campaign Alcohol Prevention and Awareness Campaign Problem Gambling Communication Campaign (c) 26 September 2002, 1 month 2 days, 27 October 2002 27 August 2002, 1 month 27 days, 22 October 2002 8 January 2003, 11 months 24 days, 31 December 2003 5 March 2003, 2 months 3 days, 7 May 2003 (d) $22,000 $67,022.80 QUESTIONS ON NOTICE

180 COUNCIL Wednesday, 31 March 2004

$327,550.58 $70,000

Essential Media Communications Pty Ltd (a) nil

AKZ Consultancies (a) 1 (b) Health Ministerial Liaison Project Management (c) 3 March 2003, 1 year 2 days, 4 March 2004 (d) $198,000

Health: public hospitals — staff

1338. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health): In relation to each financial year from 1999-2000 to 2002-2003, how many staff were working in the public hospital system as — (i) medical staff; (ii) nursing staff; (iii) allied health staff; (iv) catering staff; (v) cleaning and maintenance staff; (vi) administrative staff; and (vii) social workers.

ANSWER:

I am informed that:

Under the reporting requirements in terms of Part 7 of the Financial Management Act 1994, public hospitals are required to include in their annual reports a statement of workforce data for the current and previous financial year. These reports are tabled in Parliament and are available to the Hon. member.

Health: public relations unit

1340. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health):

(a) What is the number of staff working in each Public Relations Unit under her control, indicating the — (i) total operating budget; and (ii) total promotional budget.

(b) What contracts have been entered into in the 2002-03 financial year for public relations and/or communications strategies with outside consultants or, persons, including — (i) the person/company contracted; (ii) the date of the contract; (iii) the contract sum; (iv) the amount paid; and (v) a brief summary of work done.

ANSWER:

I am informed that:

There is no Public Relations Unit under the control of the Minister for Health. The Department of Human Services does not have a Public Relations Unit.

The Minister for Health has not directly contracted outside consultants for the purpose of public relations and /or communication strategies.

Health: budget adjustments

1341. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health): As the figures displayed in Figure 5C on page 64 of the Report of the Auditor-General on the Finances of the State of Victoria, 2002-03 for the health services sector exclude adjustments to grants paid to non- government agencies relating to safety net adjustment, non-government parity and award simplification QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 181

outcomes, what is the cost or estimated cost of the adjustment to grants listed as excluded in each sector for which the Minister has responsibility in each of the years 2002-03 to 2005-06.

ANSWER:

I am informed that:

The budget adjustments for the Health portfolio relating to safety net adjustment, non-government parity and award simplification outcomes is $3.8m in 2002-03 and $5.1m in 2003-04, 2004-05 and 2005-06.

Health: superannuation — unfunded liabilities

1342. THE HON. DAVID DAVIS — To ask the Minister for Aged Care (for the Minister for Health): As the figure displayed in Figure 5C on page 64 of the Report of the Auditor-General on the Finances of the State of Victoria, 2002-03 relating to the total net cost to the State of new agreements for 2002-03 is listed as $1,151,463,000 but does not include the consequential impact on unfunded superannuation liability, what is the department’s estimate of unfunded superannuation liability for Department of Human Services employees in each of the years listed in the Auditor General’s Figure 5C.

ANSWER:

I am informed that:

The responsibility for determining the unfunded liabilities of the State’s superannuation schemes lies with the Minister for Finance.

Corrections: prisoners — compassionate leave

1343. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in September 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

All prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government. QUESTIONS ON NOTICE

182 COUNCIL Wednesday, 31 March 2004

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1344. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in October 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To Where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

Where appropriate prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1345. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in November 2003 to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 183

Where appropriate prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — compassionate leave

1346. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre, Dame Phyllis Frost Centre and Port Phillip Prison:

(a) How many prisoners were granted compassionate leave in December 2003 to date to travel interstate and/or intrastate.

(b) Under what circumstances were prisoners granted compassionate leave.

(c) When was compassionate leave taken to travel interstate and/or intrastate.

(d) To where was compassionate leave taken at any one time.

ANSWER:

I am advised that / as follows:

Where appropriate prisoners, whether sentenced or remanded into prison custody, are able to access permits for emergency (compassionate) reasons. This type of permit falls under the category of Corrections Administration permits, and would typically include visiting seriously ill relatives or attendance at funerals of people with whom the prisoner has a long standing close and demonstrable relationship.

Requests for compassionate leave are thoroughly risk assessed and evaluated on their respective merits. Compassionate leave has been granted under this Government and under the previous Liberal National Party Government.

Applications from Aboriginal prisoners are referred to the Indigenous Services or Aboriginal Welfare Officer for a recommendation.

Corrections: prisoners — transport

1347. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to Group 4 Falck providing prisoner transport between prisons and between prisons and courts when the existing service arrangement with Australian Integrated Management Services (AIMS) ceases:

(a) How was due process of providing the new service arrangement organised.

(b) When did due process of providing the new service agreement begin.

(c) Where did due process of providing the new service agreement become formalised. QUESTIONS ON NOTICE

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ANSWER:

I am advised that / as follows:

The new Contract for Prisoner Transportation commenced on 1 July 2003. This contract was finalised and formally executed in October 2003. The public tender process commenced with a request for a Registration of Interest (ROI). The companies short-listed from the ROI then provided a Request for Tender. Group 4 was the preferred tender.

Attorney-General: home detention program

1349. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Sport and Recreation (for the Attorney-General): In relation to the new Home Detention Program:

(a) Will Victorian courts be trained to administer the pre-release option.

(b) What on-going training will be provided.

(c) From which funding source will training and on-going administrative support be paid.

(d) How will the courts administer the pre-release option from sentencing.

ANSWER:

I am informed as follows:

Will Victorian courts be trained to administer the pre-release option.

(a) The Corrections and Sentencing Acts (Home Detention) Act 2003 (the Act) facilitates home detention as a sentencing option and as a pre-release mechanism for eligible prisoners currently in prison. The Act provides home detention as a sentencing option for the courts. Home detention as a pre-release mechanism will be administered by the Adult Parole Board.

Training in the new sentencing option has already been provided through Corrections Victoria and with the assistance of the Judicial College of Victoria. It is anticipated that there will be opportunities for further training during 2004.

(b) What on-going training will be provided.

Regular feedback regarding the operation of the Program will be provided to the courts and to the Adult Parole Board. This will predominantly be through regular meetings between Corrections Victoria and the courts or the Adult Parole Board. More formal feedback and training will be provided to the courts and the Adult Parole Board as the need arises.

(c) From what funding source will training and on-going administrative support be paid.

Training and the provision of information about the Program is funded from the allocation for the Home Detention Program.

(d) How will the courts administer the pre-release option from sentencing.

As stated above, the Adult Parole Board will be responsible for administering home detention as a pre-release mechanism. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 185

Corrections: custodial community permit programs

1352. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the review of the prison system’s Custodial Community Permit Program:

(a) What is the current status of the review of the Program.

(b) What are the key recommendation arising out of this review.

(c) What is the timeframe for implementation of this review.

(d) What are the specific initiatives planned for 2003-04 and the levels of funding involved.

ANSWER:

I am advised that / as follows:

The findings of the review to which you refer were made public in my media release of 9 October, 2003.

Corrections: Ararat prison — education programs

1353. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Ararat:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Barwon prison — education programs

1354. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Barwon:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows: QUESTIONS ON NOTICE

186 COUNCIL Wednesday, 31 March 2004

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Beechworth prison — education programs

1355. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Beechworth:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Bendigo prison — education programs

1356. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Bendigo:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 187

Corrections: Dhurringile prison — education programs

1357. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Dhurringile:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Langi Kal Kal prison — education programs

1358. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Langi Kal Kal:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Loddon prison — education programs

1359. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Loddon:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work. QUESTIONS ON NOTICE

188 COUNCIL Wednesday, 31 March 2004

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Melbourne Assessment Prison — education programs

1360. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Melbourne Assessment Prison:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Tarrengower prison — education programs

1361. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Tarrengower:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 189

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Won Wron prison — education programs

1362. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at HM Prison Won Wron:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Fulham Correctional Centre — education programs

1363. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at Fulham Correctional Centre:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work. QUESTIONS ON NOTICE

190 COUNCIL Wednesday, 31 March 2004

Corrections: Dame Phyllis Frost Centre — education programs

1364. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at Dame Phyllis Frost Centre:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Port Phillip prison — education programs

1365. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to education programs at Port Phillip Prison:

(a) What innovative strategies are in place at the prison that would provide employment options.

(b) How will these innovative strategies that provide employment options work.

(c) What are the details of the specific performance measures for innovative strategies that provide employment options.

(d) How successful have these innovative strategies that provide employment options been.

ANSWER:

I am advised that / as follows:

Strategies to enhance employment options for prisoners include the availability of Prison Education Centres, and within all prisons a range of Prison Employment Programs. Prison Education Centres provide vocational education and training programs for prisoners, whilst the Prison Employment Program offers targeted, intensive, voluntary programs, which address obstacles to prisoners and offenders finding and keeping work. Since the introduction of the program in June 2002, 448 prisoners have found full-time work.

Corrections: Ararat prison — assessment processes

1366. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Ararat:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 191

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Barwon prison — assessment processes

1367. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Barwon:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Beechworth prison — assessment processes

1368. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Beechworth:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state. QUESTIONS ON NOTICE

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Corrections: Bendigo prison — assessment processes

1369. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Bendigo:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Dhurringile prison — assessment processes

1370. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Dhurringile:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Langi Kal Kal prison — assessment processes

1371. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Langi Kal Kal:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 193

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Loddon prison — assessment processes

1372. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Loddon:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Melbourne Assessment Prison — assessment processes

1373. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Melbourne Assessment Prison:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state. QUESTIONS ON NOTICE

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Corrections: Tarrengower prison — assessment processes

1374. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Tarrengower:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Won Wron prison — assessment processes

1375. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to HM Prison Won Wron:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Fulham Correctional Centre — assessment processes

1376. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to Fulham Correctional Centre:

(a) What are the assessment processes that the centre has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the centre managed to treat mentally ill prisoners.

(c) When does the centre undertake to treat mentally ill prisoners. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 195

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Dame Phyllis Frost Centre — assessment processes

1377. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to Dame Phyllis Frost Centre:

(a) What are the assessment processes that the centre has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the centre managed to treat mentally ill prisoners.

(c) When does the centre undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state.

Corrections: Port Phillip prison — assessment processes

1378. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to Port Phillip Prison:

(a) What are the assessment processes that the prison has undertaken to detect prisoners who have entered the prison system with a mental illness or a dependency on drugs.

(b) How has the mental health service of the prison managed to treat mentally ill prisoners.

(c) When does the prison undertake to treat mentally ill prisoners.

(d) How is the prisoner mental health services managed to treat mentally ill prisoners.

ANSWER:

I am advised that / as follows:

All prisoners undergo a range of immediate assessments upon entering the prison system, including the administration of the Reception Assessment, the Structured Interview Tool for Understanding Prisoner Safety (SITUPS) and screening for drug and alcohol issues. Prison officers and assessment staff are able to refer a prisoner to psychiatric staff at any time should there be concerns about the prisoner's mental state. QUESTIONS ON NOTICE

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Employment and youth affairs: unemployed — prison system

1393. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Aged Care (for the Minister for Employment and Youth Affairs): In relation to the unemployed representing an over-proportion of representation in Victorian jails:

(a) What programs link within the prison system are available specifically for unemployed adult prisoners.

(b) What was the level of funding allocated for such programs in 2002-03.

ANSWER:

I am informed as follows:

This question should be referred to the Honourable Minister for Corrections, who has portfolio responsibility for this matter.

Aboriginal affairs: prison system

1394. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Aboriginal Affairs: In relation to Aboriginal and Torres Strait Islanders representing an over-proportion of representation in Victorian jails:

(a) What programs link within the prison system are available specifically for indigenous adult prisoners.

(b) What was the level of funding allocated for such programs in 2002-03 and in 2003-04.

ANSWER:

I am informed as follows:

This question should be referred to the Honourable Minister for Corrections, who as a signatory to the Victorian Aboriginal Justice Agreement has portfolio responsibility for this matter.

Corrections: prisoner escapes

1395. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 January 2000 to 30 June 2000:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows: QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 197

Data on prisoner escapes for the financial year 1999/2000 can be found in the DoJ Annual Report 02/03.

Corrections: prisoner escapes

1396. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 July 2000 to 30 December 2000:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2000/2001 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoner escapes

1397. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 January 2001 to 30 June 2001:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2000/2001 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoner escapes

1398. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison QUESTIONS ON NOTICE

198 COUNCIL Wednesday, 31 March 2004

Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 July 2001 to 30 December 2001:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2001/2002 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoner escapes

1399. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 January 2002 to 30 June 2002:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2001/2002 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoner escapes

1400. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 July 2002 to 30 December 2002:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 199

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2002/2003 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoner escapes

1401. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to prisoner escapes from each of HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison between 1 January 2003 to 30 June 2003:

(a) How many escapes occurred over this period.

(b) What were the breaches in security.

(c) Which prisons were involved.

(d) How has security been improved to prevent further escapes in relation to each of the prisons outlined in (b) above.

ANSWER:

I am advised that / as follows:

Data on prisoner escapes for the financial year 2002/2003 can be found in the DoJ Annual Report 2002-03.

Corrections: prisoners — drug use

1405. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison:

(a) What was the total number of prisoners at each facility that tested positive for illicit drug use between 1 January 2003 and 4 December 2003.

(b) What was the percentage of the total prison population at each facility that tested positive for illicit drug use between 1 January 2003 and 4 December 2003.

(c) What was the performance benchmark as a percentage of total prison population allowable for illicit drug use as agreed in their Service Agreement for Public Prisons and the Contract Agreement for Private Prisons at each facility between 1 January 2003 and 4 December 2003.

(d) What was the total number of prisoners treated for illicit drug use at each facility between 1 January 2003 and 4 December 2004.

(e) What was the maximum number of prisoners at each facility who could access drug treatment programs between 1 January 2003 and 4 December 2003. QUESTIONS ON NOTICE

200 COUNCIL Wednesday, 31 March 2004

(f) How many prisoners were unable to access drug treatment programs due to resource constraints at each facility between 1 January 2003 and 4 December 2003.

(g) What was the total number of prisoners who accessed drug awareness programs at each facility between 1 January 2003 and 4 December 2003.

ANSWER:

I am advised that / as follows:

Collation of information in the specific format sought by the Honourable member demands a significant diversion of resources by Corrections Victoria.

I note that issues related to illicit drug use in prisons were not canvassed in the Liberal 2002 pre-election Corrections policy. This is possibly because there was no Liberal 2002 pre-election Corrections policy.

Corrections: design prisoner capacity

1406. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison:

(a) What was the ‘design’ prisoner capacity at each facility as at 30 June 2003 and 4 December 2003.

(b) What was the actual prisoner population at each facility as at 30 June 2003 and 4 December 2003.

(c) How many prisoners committed suicide in each prison between 1 January 2003 and 4 December 2003.

(d) How many prisoners escaped legal custody between 1 January 2003 and 4 December 2003.

(e) For each escapee, what offences led to their imprisonment and what additional offences were committed (if any) before the escapee was apprehended.

(f) On what date did they escape from legal custody and on what date were they apprehended and returned to legal custody.

ANSWER:

I am advised that / as follows:

Collation of information in the specific format sought by the Honourable member demands a significant diversion of resources by Corrections Victoria.

Corrections: Office of the Correctional Services Commissioner — staff

1407. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to the Office of the Correctional Services Commissioner:

(a) What was the number of effective full time employees as at 1 January 2003 and 4 December 2003.

(b) What was the actual cost of employee remuneration and entitlements as at 1 January 2003 and 4 December 2003. QUESTIONS ON NOTICE

Wednesday, 31 March 2004 COUNCIL 201

(c) What was the organisation structure of the Office, what were their classifications and what duties were performed by each area/unit according to the organisational structure as at 4 December 2003.

(d) How many employees were classified as Senior Executives as at 1 January 2003 and 4 December 2003, respectively.

ANSWER:

I am advised that / as follows:

Substantial, detailed information regarding staffing and employees will be provided to the Public Accounts and Estimates Committee.

Information related to the time period requested will be available at that time, however collation of information in the specific format sought by the Honourable member, at this time, demands a significant diversion of resources by Corrections Victoria.

Corrections: Public Correctional Enterprise — staff

1408. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): In relation to employees at Public Correctional Enterprise (CORE):

(a) What was the total number of effective full time employees as at 30 June 2003 and 4 December 2003.

(b) What was the actual cost of employee remuneration and entitlements as at 30 June 2003 and 4 December 2003.

ANSWER:

I am advised that / as follows:

Substantial, detailed information regarding staffing and employees will be provided to the Public Accounts and Estimates Committee.

Information related to the time period requested will be available at that time, however collation of information in the specific format sought by the Honourable member, at this time, demands a significant diversion of resources by Corrections Victoria.

Corrections: prisoners — drug use

1409. THE HON. RICHARD DALLA-RIVA — To ask the Minister for Energy Industries (for the Minister for Corrections): With reference to HM Prison Ararat, HM Prison Barwon, HM Prison Beechworth, HM Prison Bendigo, HM Prison Dhurringile, HM Prison Langi Kal Kal, HM Prison Loddon, HM Melbourne Assessment Prison, HM Prison Tarrengower, HM Prison Won Wron, Fulham Correctional Centre and Port Phillip Prison and in relation to the Victorian Prison Drug Strategy Report:

(a) When high levels of current prisoners are using illicit drugs whilst in Victorian jails, how much is the Government spending to stop the use of illicit drugs in prisons.

(b) Given that illicit drugs can be obtained by prisoners through contact visits, staff, being thrown over the wall, carried internally or by service deliveries to the prisons, how has the Government addressed this problem in reducing these breaches.

(c) What measures (if any) are in place to stop prisoners, staff, visitors and/or couriers from gaining access to illicit drugs in prison.

202 COUNCIL Wednesday, 31 March 2004

ANSWER:

I am advised that / as follows:

The Victorian Prison Drug Strategy (VPDS) was implemented on 26 March 2002 and aims to prevent or minimise the health problems and harms caused by drug activity in prisons. Funding of $4 million over four years was made available in 2000/01 to support the introduction of new measures to deal with drug related problems in Victoria prisons. Funding of $1,013,000 per annum has been extended until 2006/07.

MEMBERS INDEX

30 and 31 March 2004 COUNCIL i

BROAD, Ms (Melbourne North) (Minister for Local Government MEMBERS INDEX and Minister for Housing) Questions without notice Libraries: funding, 32 ARGONDIZZO, Ms (Templestowe)

Scrutiny of Acts and Regulations Committee CARBINES, Ms (Geelong) Alert Digest No. 1, 39 Alert Digest No. 2, 39 Adjournment Pap smear tests: Geelong, 91

ATKINSON, Hon. B. N. (Koonung) COOTE, Hon. Andrea (Monash) Adjournment Shop trading hours: Easter Sunday, 89 Bills Nurses (Amendment) Bill, 81 Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 18 Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 7 Members statements Real estate agents: government action, 48 Members statements Seniors Festival: free travel, 45 Questions without notice Liquor: licensing cap, 31 DALLA-RIVA, Hon. Richard (East Yarra)

BAXTER, Hon. W. R. (North Eastern) Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 13 Condolences Hon. Vernon Francis Wilcox, CBE, QC, 23 Members statements Prisons: capacity, 46

BISHOP, Hon. B. W. (North Western) DARVENIZA, Hon. Kaye (Melbourne West) Adjournment Agriculture: genetically modified crops, 93 Adjournment Step into Voluntary Work program: promotion, 90 Business of the house Sessional orders, 66 Bills Nurses (Amendment) Bill, 79 Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 15 Members statements Point Cook: Royal Australian Air Force anniversary, 47 Members statements Shop trading hours: Easter Sunday, 47 DAVIS, Hon. D. McL. (East Yarra) Petitions Hazardous waste: Tiega, 38 Bills Nurses (Amendment) Bill, 71, 85, 86, 87

BOWDEN, Hon. R. H. (South Eastern) Business of the house Sessional orders, 60 Adjournment Western Port Highway, Lyndhurst: traffic control, 92 Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 9 Hon. Vernon Francis Wilcox, CBE, QC, 24 MEMBERS INDEX ii COUNCIL 30 and 31 March 2004

Members statements Members statements Boroondara: performance, 45 Ballarat–Skipton rail trail, 45

Petitions DAVIS, Hon. Philip (Gippsland) Disability services: Grampians, 38

Business of the house Questions without notice Sessional orders, 54 Libraries: funding, 32

Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 2 HALL, Hon. P. R. (Gippsland) Hon. Vernon Francis Wilcox, CBE, QC, 22 Adjournment Madrid: terrorist attack, 27 Bairnsdale Regional Health Service: funding, 95

Questions without notice Business of the house Consumer affairs: off-the-plan contracts, 29, 30 Sessional orders, 55

Condolences DRUM, Hon. D. K. (North Western) Hon. Sir Rupert James Hamer, AC, KCMG, 5

Bills Madrid: terrorist attack, 28 Nurses (Amendment) Bill, 76, 88 Petitions Taxis: multipurpose program, 38 EREN, Hon. J. H. (Geelong) Questions without notice Members statements Electricity: network tariff rebate, 33 Avalon Airport: Jetstar, 47

Questions without notice HILTON, Hon. J. G. (Western Port) Aged care: funding, 37 Adjournment Point Nepean: future, 92 FORWOOD, Hon. Bill (Templestowe) Condolences Adjournment Hon. Sir Rupert James Hamer, AC, KCMG, 11 Whitehorse: councillors, 88 Members statements Business of the house Iraq: conflict, 48 Sessional orders, 64 Questions without notice Condolences Australian Broadcasting Corporation: Victorian sport , 36 Hon. Sir Rupert James Hamer, AC, KCMG, 12

Members statements HIRSH, Hon. C. D. (Silvan) Professor John Funder, 48 Condolences Points of order, 43, 90 Hon. Sir Rupert James Hamer, AC, KCMG, 9

HADDEN, Ms (Ballarat) JENNINGS, Mr (Melbourne) (Minister for Aged Care and Minister for Aboriginal Affairs) Law Reform Committee Bills Forensic sampling and DNA databases in criminal investigations, 38 Nurses (Amendment) Bill, 29, 70, 86, 87, 88 MEMBERS INDEX

30 and 31 March 2004 COUNCIL iii

Condolences Questions without notice Hon. Sir Rupert James Hamer, AC, KCMG, 12 Somerville secondary college: Aboriginal relics, 36

Questions without notice Aged care: funding, 37 MADDEN, Hon. J. M. (Doutta Galla) (Minister for Sport and Recreation and Minister for Commonwealth Games) Somerville secondary college: Aboriginal relics, 36, 37 Adjournment KOCH, Hon. David (Western) Responses, 95

Adjournment Bills Hospitals: rural and regional, 94 Public Prosecutions (Amendment) Bill, 29, 67 Wrongs (Remarriage Discount) Bill, 29 Members statements Questions without notice Korean War commemorative quilt, 47 Australian Broadcasting Corporation: Victorian sport , 36

LENDERS, Mr (Waverley) (Minister for Finance and Minister for Consumer Affairs) MIKAKOS, Ms (Jika Jika)

Bills Members statements Correction of Bills, 38 Women: local government, 46 Unclaimed Moneys (Amendment) Bill, 29

Business of the house OLEXANDER, Hon. A. P. (Silvan) Sessional orders, 49 Adjournment Condolences Consumer and tenancy services: delivery, 91 Hon. Sir Rupert James Hamer, AC, KCMG, 1 Condolences Hon. Vernon Francis Wilcox, CBE, QC, 21 Hon. Sir Rupert James Hamer, AC, KCMG, 16 Joint sitting of Parliament Questions without notice Senate vacancy, 49 Real estate agents: guarantee fund, 34, 35 Madrid: terrorist attack, 27

Questions on notice PRESIDENT, The (Hon. M. M. Gould) Answers, 37 Acknowledgment of traditional owners, 1 Questions without notice Condolences Consumer affairs: off-the-plan contracts, 29, 30 Consumer and tenancy services: delivery, 30 Hon. Sir Rupert James Hamer, AC, KCMG, 21 Real estate agents: guarantee fund, 35 Hon. Vernon Francis Wilcox, CBE, QC, 25 Distinguished visitor, 2 LOVELL, Hon. W. A. (North Eastern) Joint sitting of Parliament Bills Senate vacancy, 49, 76

Nurses (Amendment) Bill, 83 Right of reply Condolences City of Boroondara, 43

Hon. Sir Rupert James Hamer, AC, KCMG, 20 Rulings, 32, 43, 67, 90, 93 Members statements The Nationals Corres Schubert, 45 Change of name, 1 Points of order, 90 MEMBERS INDEX iv COUNCIL 30 and 31 March 2004

PULLEN, Mr (Higinbotham) Questions without notice Electricity: network tariff rebate, 33 Questions without notice Consumer and tenancy services: delivery, 30 THOMSON, Hon. M. R. (Melbourne North) (Minister for Small Business and Minister for Information and Communication ROMANES, Ms (Melbourne) (See also DEPUTY PRESIDENT Technology) and CHAIR OF COMMITTEES, The) Condolences Business of the house Hon. Sir Rupert James Hamer, AC, KCMG, 14 Sessional orders, 58 Questions without notice Information and communications technology: Business Objects, 34 SCHEFFER, Mr (Monash) Liquor: licensing cap, 31, 32

Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 17 VINEY, Mr (Chelsea)

Business of the house SMITH, Mr (Chelsea) Sessional orders, 62

Adjournment Condolences Mitcham–Frankston freeway: tolls:, 93 Hon. Sir Rupert James Hamer, AC, KCMG, 15

Members statements Ian Thorpe, 45 VOGELS, Hon. J. A. (Western)

Questions without notice Adjournment Information and communications technology: Business Objects, 34 Local government: strip shopping centres, 94

Bills SOMYUREK, Mr (Eumemmerring) Nurses (Amendment) Bill, 84

Adjournment Local government: neighbourhood renewal, 89

Members statements Eumemmerring Province: industrial land, 46

STONEY, Hon. E. G. (Central Highlands)

Adjournment Fishing: trout, 91

THEOPHANOUS, Hon. T. C. (Jika Jika) (Minister for Energy Industries and Minister for Resources)

Bills Gas Industry (Residual Provisions) (Amendment) Bill, 29, 68

Condolences Hon. Sir Rupert James Hamer, AC, KCMG, 6

Gardiner Foundation Annual report, 38

Madrid: terrorist attack, 28