Legislative Assembly 871 2 November 1995

THURSDAY, 2 NOVEMBER 1995 Office of the Queensland Parliamentary Counsel

Public Sector Management Commission Mr SPEAKER (Hon. J. Fouras, Ashgrove) Public Sector Training Council read prayers and took the chair at 10 a.m. South Bank Corporation Bikeways Project Board PETITIONS Parliamentary Contributory The Clerk announced the receipt of the Superannuation Fund following petitions— (b) Deputy Premier and Minister for Tourism, Sport and Youth (Mr Burns)— Department for Citizens Report on his official visit to Japan, Korea, Taiwan and Hong Kong during the period Mr Hegarty (7 signatories) requesting 1-13 October 1995 that the House establish a Government (c) Minister for Primary Industries and department to protect all citizens, including Minister for Racing (Mr Gibbs)— members of clubs, be they incorporated or Annual Reports for 1994-95— not, unions, organisations, establishments and all disadvantaged people. Brisbane Market Trust Gladstone Area Water Board Land Rezoning, Macleay and Russell Queensland Sugar Corporation Islands; Apportionment of Rates Timber Research and Development Advisory Council of Queensland Mr Hegarty (302 signatories) requesting that the House (a) intervene to prevent the (d) Minister for Housing, Local Government Redland Shire Council from downzoning and Planning, Minister for Rural Communities and Minister for Provision of Residential A land on Macleay and Russell Infrastructure for Aboriginal and Torres Islands without fair market compensation to its Strait Islander Communities owners; and (b) that the Department of (Mr Mackenroth)— Housing, Local Government and Planning Office of the Local Government investigate the apportionment of rates Commissioner—Annual Report for 1994- collected to expenditure on infrastructure to 95 evaluate drainage problems. (e) Minister for Police and Minister for Petitions received. Corrective Services (Mr Braddy)— National Crime Authority—Annual Report STATUTORY INSTRUMENT for 1994-95. In accordance with the schedule circulated by the Clerk to members in the MINISTERIAL STATEMENT Chamber, the following document was Overseas Trips tabled— Hon. W. K. GOSS (Logan—Premier Plant Protection Act 1989Ð and Minister for Economic and Trade Plant Protection (Papaya Fruit Fly) Development) (10.04 a.m.), by leave: Last Quarantine Amendment Regulation (No. 1) month I undertook a brief trip to New Zealand 1995, No. 305. and, before that, to Papua New Guinea: in the case of New Zealand, for one and a half days, PAPERS and in the case of Papua New Guinea, for one day on 16 September. I have statements in The following papers were laid on the relation to the detail of those trips, but to save table— the time of the House I seek leave to table (a) Premier and Minister for Economic and them and have them incorporated in Hansard. Trade Development (Mr W Goss)— Leave granted. Annual Reports for 1994-95— PAPUA NEW GUINEA REPORT Department of the Premier, Economic and Trade Development On 16 September, Papua New Guinea celebrated twenty years of independence and, Office of the Cabinet during the same week, hosted the 1995 South Office of the Co-ordinator General Pacific Forum of Pacific Heads of Government. 2 November 1995 872 Legislative Assembly

In recognition by the Papua New Guinea Prime The investment promotion luncheon included Minister, Sir Julius Chan, of the close 27 New Zealand business leaders and potential relationship developed by my Government investors, ranging from the main merchant between his nation and this state, I was invited bankers to major manufacturers. New Zealand to attend celebrations in Port Moresby as an investors have traditionally looked to Victoria official guest of the Papua New Guinea and New South Wales and the luncheon Government; the only Australian state leader to enabled me to direct their attention to the receive such an invitation. significant advantages offered by Queensland This enabled me not only to represent and to encourage investment into this State. Queensland on this very important occasion, My department will, over the next twelve but also to have discussions with Prime Minister months, build on the contacts provided by my Chan and to meet senior Papua New Guinea visit and the broad New Zealand media governmental and business leaders, as well as coverage which it attracted, to seek substantial renewing contact with Forum Heads of further investment into Queensland from New Government including the Prime Ministers of Fiji Zealand, Australia's third largest international and Vanuatu. trading partner. Queensland's commercial relationship with Wellington on 11 October 1995 Papua New Guinea is based on the I met with Ms Helen Clark, the Leader of the Memorandum of Understanding regarding Opposition in the New Zealand Parliament, and Business Cooperation, signed originally in 1992 had discussions with her on changes in the by then Prime Minister Namaliu and myself and New Zealand electoral system to the mixed endorsed subsequently by Prime Ministers member proportional (MMP) voting system. I Wingti and Chan. The state holds a share of also discussed with Ms Clark and her some 30 percent of Australia's exports to Papua Parliamentary colleagues the continuing New Guinea and is the Australian base for opportunities for closer involvement between several of the major resource and infrastructure the New Zealand economy and Queensland developments there, including the Lihir gold businesses. mine project, potentially one of the largest in the world. The Australian High Commissioner, Mr Ray Greet and his staff provided briefings at the The September visit to Papua New Guinea was Australian High Commission on the range of my third as Premier of this state and I remain the trans Tasman issues currently of primary focus only Australian Premier to have visited Papua between Australia and New Zealand. The New Guinea in its twenty years of impact of CER (the Australia-New Zealand independence. closer economic relations agreement) on the Report on Trip to New Zealand creative arts such as television and film are of I wish to report to the House on a visit I particular interest to Queensland and its undertook last month to New Zealand. emerging film industry. During a stay in Auckland of less than one and a My meeting with the Rt Hon James Bolger, half days, I held individual discussions with the Prime Minister of New Zealand focussed on chief executives of four of New Zealand's issues of potential advantage for Queensland largest companies, spoke at a luncheon for New and New Zealand business in working together Zealand business leaders to promote to achieve maximum benefit and growth for our investment into Queensland and hosted a industries. We discussed current New Zealand reception for Queensland exporters and their investment in Queensland and the continuing main New Zealand clients, attended by some opportunities for growth in tourism traffic 120 guests. arising from the opening of the new Brisbane international airport and the continued hubbing The four major companies included Fletcher arrangements for Air New Zealand's Challenge, New Zealand's largest group with a international flights. Mr Bolger indicated that he turnover internationally of over $10 billion, Air and his Government are very supportive of the New Zealand with its international hubbing in continuing expansion of linkages between Brisbane, Lion Nathan as owners of Queensland and New Zealand commercial Castlemaine Perkins and leading white goods interests and that they will continue to manufacturer Fisher & Paykel. The latter has encourage the expansion of our business ties. now commenced a $37 million expansion of their Cleveland operation, with opportunities for developing export markets from Queensland, as MINISTERIAL STATEMENT well as their increasing share of the Australian market. Japanese Encephalitis Virus Each of the companies expressed satisfaction Hon. P. D. BEATTIE (Brisbane at the success of their operations in Central—Minister for Health) (10.05 a.m.), by Queensland and their intention to consider leave: I would like to inform the House of a further expansion in the State. My department unique State and Federal Government will maintain close contact with them, to initiative to prevent the deadly Japanese maximise opportunities for Queensland. encephalitis virus getting a foothold on the Legislative Assembly 873 2 November 1995

Australian mainland. The national approach the prevention programs can take effect. The was agreed to yesterday after a meeting cooperation between the State and between Federal Health Minister, Carmen Commonwealth Governments in this matter Lawrence, and me to finalise arrangements for will not only assist Torres Strait Islanders the Commonwealth to pay for vaccine to already affected by the virus but will also act control the spread of the disease on Torres as a major barrier to Japanese encephalitis Strait islands and onto mainland Australia—a reaching the mainland. Again, I thank the meeting that was fully supported by the member for Cook for his assistance in honourable member for Cook. arranging and helping me with this program. The joint decision to implement a one-off vaccine program on the Torres Strait's outer MINISTERIAL STATEMENT and middle islands follows the outbreak of Japanese encephalitis, or JE, earlier this year. Bells Creek Fire Honourable members would recall that the Hon. K. H. DAVIES (Mundingburra— outbreak left two people dead and a third Minister for Emergency Services and Minister seriously ill, with countless others recorded as for Consumer Affairs) (10.08 a.m.), by leave: carriers of the virus. That was the first time this This parliamentary week, the Leader of the disease had entered Australia. Liberal Party misrepresented the excellent In recognising the importance of curbing work of the rural fire services in dealing with this virus, the Queensland Government will the tragedy which befell a number of volunteer implement and pay for a series of controls to firefighters at Bells Creek. eliminate the spread of the virus to mainland The House deserves to know the facts. Australia via the Torres Strait islands. This will The rehabilitation of the Bells Creek burn involve mosquito-control strategies, including victims by Queensland Emergency Services cross-Government cooperation to implement had four phases to it: phase 1 ensured the long-term strategies aimed at eliminating volunteers received the best medical attention known mosquito breeding grounds and available; and phase 2 provided the necessary ongoing research into the development and psychological support to the victims and their spread of JE. The cost and payment details of families. This commenced on the night of the the program can be broken down in the fire, not five months later, as claimed by the following way: vaccine, $250,000-plus—to be Liberal Leader. On the night, Fire Service determined, of course, by the Federal management organised peer supporters to Government; vaccine implementation, provide both physical and sympathetic support $200,000 by the State Government; initial to the families while trained counsellors mosquito control, $50,000; and State provided immediate assistance and research, $75,000. A further $100,000 will be assessments. This continues today and will do provided by the Department of Local so for as long as is required by the victims and Government, Housing and Planning to repair their families. infrastructure known as mosquito breeding grounds. Phase 3 assessed the financial losses of the families to ensure that recompense was I should commend my Cabinet colleagues provided so that no family was financially the Minister for Local Government, Housing worse off as a result of the accident. All victims and Planning and the Minister for Primary received workers' compensation payments as Industries for their cooperation in this vital well as ex gratia payments over and above the program. The Queensland Government will be standard payments. We made payments responsible for the immunisation program and covering loss of contracts, loss of income for ongoing education to prevent similar spouses, rent, rates in arrears, hire-purchase outbreaks. Immunisation will begin as soon as agreements, transport and accommodation the vaccine becomes available from the costs, etc. These will continue until the issues supplier and will continue until after Christmas. are finally settled. In one case, a man and his This one-off immunisation program will protect family were settled in another part of the State Torres Strait Islanders from the disease for up and accommodation was arranged so that to four years, while in the meantime mosquito they would be closer to family support. Phase control and research programs are 4 relates to payments for long-term disability or implemented to ensure mainland Australia is for pain and suffering experienced. This protected well into the future. necessarily takes some time, but to negotiate These measures will take some time to be a premature settlement, as the Liberal Leader effective, and the one-off mass immunisation appears to want, would potentially program can act as a curbing measure until short-change the volunteers. 2 November 1995 874 Legislative Assembly

Far from the Government doing little to Government will stand by them until they are assist the injured firefighters and their families, fully recovered. an enormous effort has been provided by all A full investigation has been carried out concerned. Palmwoods and Coochin Creek on the Bells Creek Fire and this is a matter of welfare committees were established and public record. The Queensland Fire Service's funded by the Queensland Fire Service. At a support to its members was and continues to State level, an assessment team visited each be professional, timely and compassionate. I victim to assess his or her losses and personally would like to acknowledge the recommend payments, and the whole process approach which the rural fire services took in was overseen by a steering committee. Each dealing with the consequences of the Bells burns victim and his family were assigned a Creek Fire. The rural fire services cannot turn counsellor who managed the psychological back the clock so that the fireball never rehabilitation process, even to the extent of happened, just as it cannot make all the residential periods in the Belmont Trauma consequences go away immediately. It has, Management Centre. These programs however, done everything humanly possible to continue today. help these volunteers through this crisis. I In the case of Mr Terry Bobak, there is a commend the efforts of the deputy substantial level of misinformation reported commissioner, Bob Barchard, his permanent regarding his circumstances. Mr Bobak officers and the members of the Coochin continues to receive workers' compensation Creek and Palmwoods welfare committees and supplementary payments on a weekly who have taken a very deep and personal basis to a level of approximately $625 per interest in ensuring these volunteers' wellbeing week. He and his family have also received and healing is returned to optimal levels as payments for: accommodation for his wife in soon as realistically possible. Brisbane at a motel for the period of Mr Bobak's hospitalisation; for part of this period, accommodation for his wife's family was also MEMBERS' ETHICS AND provided; a cash payment to his wife for out- PARLIAMENTARY PRIVILEGES of-pocket expenses; payment for loss of COMMITTEE contracts in his business; his lawn and Procedures for Referral of Complaints gardens were cared for; payment for his house Mr CAMPBELL (Bundaberg) rent which was substantially in arrears; (10.14 a.m.), by leave: The Members' Ethics payment for his telephone accounts, which and Parliamentary Privileges Committee would were also heavily in arrears; payment for like to clarify the position with respect to the outstanding hire purchase agreements; procedures for the referral of complaints on payment for maintenance of his family while privilege and ethics matters to the committee. he was in hospital; all medical costs; and all As this committee has only recently been psychological counselling costs. Media established to develop a draft code of ethics comments earlier this week that Mr Bobak has and to recommend procedures for enforcing received only $7,000 are in the order of 700 the code, it would be premature for it to per cent in error, and growing each day as consider any matters which relate to general payments continue. To date he has received principles of conduct for members until it has payments in the vicinity of $50,000. reported and the code is approved by the None of the victims has been forced to Parliament. The committee is not in a position, pursue the legal path nor go to court to fight therefore, to consider a range of issues which for compensation. Rather, it has been made some members have referred to the very clear to all concerned that the committee, but will take these matters into Queensland Fire Service wishes to negotiate account in formulating a draft code. settlements. However, we must wait for a To ensure that the committee is not reasonable period, otherwise the volunteers inundated with complaints, the committee is of could be short-changed. For example, just last the opinion that the procedure initiated by Mr Monday, 30 October 1995, one of the Speaker in the previous Parliament relating to firefighters had a relapse and had to be how privilege matters are referred to the readmitted to hospital. If the Queensland Fire committee should continue. This procedure Service had settled last month, where would provides that members initially raise the matter this have left this valiant volunteer? The State in writing with the Speaker. The Speaker would Government has not abandoned its volunteer then be required to make a determination and firefighters, who are to be commended for respond to the member within seven days as their courage in facing their problems. The to whether a prime facie case of a breach of Queensland Fire Service and the State parliamentary privilege or contempt has been Legislative Assembly 875 2 November 1995 made out. Following this, the Speaker would fair that, if members interject during questions, then advise the House of his decision and there can be a response. refer the matter to the Members' Ethics and Mr BORBIDGE: Thank you, Mr Parliamentary Privileges Committee for Speaker. I will start again. I refer to the consideration and report. If no prima facie Minister's failure to provide Parliament with any case was established, the member raising the actuarial reports to support the economic matter would be advised. The member would viability of her Government's workers' still be able to raise the matter using the compensation package, and I ask: how can normal procedures of the House, but in these her changes to workers' compensation have cases no precedence over other business of any credibility when she refuses to make the House would generally be afforded to that public the actuarial information on which those member. In the committee's opinion, these changes are based? Does such a report exist procedures will satisfactorily resolve any and, if so, will she now provide that report to potential problems and ensure that matters of the House and, if not now, when? privilege are given the consideration that they warrant. Mrs EDMOND: I thank the honourable member for the question because it again gives me the chance to highlight some of the QUESTIONS WITHOUT NOTICE differences between the actions of this Workers' Compensation Government and the actions of those opposite. The former Government of members Mr BORBIDGE (10.18 a.m.): I refer the opposite never had to worry about providing Minister for Employment and Training to her independent actuarial advice, because it never failure to provide the Parliament with any received any. That was never a problem; there actuarial reports to support the economic was no cause for embarrassment. There is no viability of the Government's workers' cause for embarrassment for this Government compensation package. I now ask: how can because, as we have considered every stage her changes to workers' compensation have of the package, at every stage of the any credibility when she refuses to make negotiations, for every option at which we public the actuarial information on which those have looked we have obtained independent changes are based? actuarial advice. That advice is in my office. Mr De Lacy interjected. When the member is in my office, he will be Mr SPEAKER: Order! I warn able to look at it. honourable members that I will not allow interjections when questions are being asked. Workers' Compensation Mr BORBIDGE: There was a drop of Mr BORBIDGE: In directing a further 8.8 per cent in votes for the Treasurer at the question to the Minister for Employment and last election. Training, I refer to her deferral of a review of Mr Mackenroth: You have to ask the the stress provisions of the workers' question. compensation package. I ask: as the Minister Mr BORBIDGE: The Leader of the has had so much advice, why is she unable to House had a 9 per cent swing against him. determine this matter now? Is this delay a stalling exercise to head off widespread union Mr SPEAKER: Order! If the Leader of unrest prior to a Federal election and the the Opposition wants the protection of the Mundingburra court challenge? Chair when he is asking a question, he will have it only while he is asking the question. Mrs EDMOND: The Opposition is really sinking into the depths now. The actuarial Mr W. K. GOSS: I rise to a point of advice that we have received regarding stress order. I accept your ruling, Mr Speaker, in claims is that it will not save us a penny, but relation to interjections during questions, but if we should be looking at different ways of the questioner departs from the question to managing stress and preventing it. As I make comments, then I seek your ruling to indicated yesterday, one of the best ways that confirm the entitlement of members to we can act to prevent stress is to stop the respond to asides. member opposite from going around attacking Mr SPEAKER: Order! Members will TAFE colleges all the time. For his own safety, have the protection of the Chair. We will have we are not letting him out there on his own! no interjections while questions are being Stress is a growing concern, both in the public asked, because I intend to hear the questions, and private sectors. The biggest increase in as should all honourable members. It is only stress claims in the private sector is in the 2 November 1995 876 Legislative Assembly clerical area, which may surprise honourable Employers need to remember a few members. things. For example, let us look at a Mrs Sheldon interjected. comparison of conveyance duties. I will cite a small selection of examples. On a $200,000 Mrs EDMOND: It is in the public sector, home, the conveyance duty in Queensland is and that is why we have set up stress advisory $2,000; in New South Wales, nearly $5,500; in units on a trial basis in five different Victoria—the Opposition's model—$8,200. departments. Those units have not been Payroll tax is 5 per cent in Queensland and 7 running for very long. What I have indicated to per cent in Victoria. Our threshold is much the unions and to the media—and the higher. In Queensland, land tax per capita is honourable member was obviously not $62.12; it is $86.43 in Victoria. In Queensland, listening—is that we are listening to the people tobacco licence fees are 75 per cent; they are and saying, "We need to find better ways of 100 per cent in every other State, including managing stress." We need to find ways of Victoria. There is no petrol franchise fee in preventing stress in the workplace. We are not Queensland. Fuel is a significant cost for about giving people a lump sum of money employers. It is nil in Queensland but a and saying, "On your bike." When we have significant 8.99 per cent in Victoria. Is that the reviewed the work done in those pilot studies Opposition's model? As Mr FitzGerald said, I and found a better way of handling stress, will tell Jeff tonight when I see him down the then I will implement it. However, until such road that the Opposition is a bit shy when it time, the current system will remain. comes to some of his policies! Mr FitzGerald: You'd better get to know Workers' Compensation him; you won't be seeing him much more, I'm Mr LIVINGSTONE: In directing a told. question to the Premier, I refer to media Mr W. K. GOSS: I will be seeing plenty reports that some employer organisations of him. If the dynamic Leader of Opposition believe that they will bear all of the pain as a Business in the House is so concerned about result of the State Government's workers' not sitting tonight, he should enter into a compensation package, and I ask: can he pairing arrangement, and I will make inform the House whether this is an accurate arrangements for Parliament to sit. Do we assessment? have a pair? Mr W. K. GOSS: I thank the member Mr Borbidge interjected. for the question. It is pleasing that at least I can get a question from this side of the A Government member: Borbidge House. said, "Yes." Mr Veivers interjected. Mr W. K. GOSS: He said, "Yes." I will Mr W. K. GOSS: As to the Opposition's think of the honourable member. tactics on Tuesday—we just reeled in Financial institutions duty is nil in members opposite. Queensland; it is 0.06 per cent in Victoria. If In relation to some complaints made by Queensland employers cannot compete with employer organisations overnight, I will make a the other States in a competitive environment couple of points. Firstly, Queensland such as that, there is something wrong with employers get the lowest State taxes and them. They should have the integrity to charges of any set of employers in any State acknowledge that they are getting the best in the country. This Labor Government deal of any set of employers in the country. provides for Queensland employers the most The second point to make to Queensland competitive environment of any State. That is employers is this: the single big thing that they shown not only in the success of business in wanted out of this resolution was to cut or this State but also in the record job creation reduce common law access. The party that figures. Queensland is the State with the best claims to be the party of the employers job creation record. That is something of which dumped them. The Leader of the Opposition we are proud. This State Labor Government came under a bit of stress at one press places a high level of priority on creating jobs. conference and he dumped the employers We have done a much better job than the just like that. The Opposition has no Governments of any other State, Labor or alternative policy. If the members opposite conservative, and a much better job than had been in Government, the employers members opposite did when they were in would have been cut out of the one thing that Government. they want. Legislative Assembly 877 2 November 1995

My final point is that the difference taste. She accused the Government of between us and them is that not only have we providing a lack of resources in connection sought—and done it successfully—to maintain with that matter. common law access but we have also done Mrs SHELDON: I rise to a point of other things for the workers which the order. I find those comments offensive and Opposition never did when it was in untrue, and I ask that they be withdrawn. Government. Those were things that only a Labor Government would do. The better Mr SPEAKER: Order! Does the position for the workers is demonstrated by the member find those statements to be untrue? increase in weekly benefits for people such as Mrs SHELDON: They are offensive and meat workers and nurses, whom the untrue, and I ask that they be withdrawn. Opposition put on an inequitable weekly Mr SPEAKER: Order! I am obliged to arrangement when it was in Government. We ask the Minister to withdraw. have found a way to improve their position in terms of weekly payments. We have also Mr BRADDY: In the circumstances, I increased statutory lump sum payments from withdraw the comments, but I will say this—— a level that was appalling under members Mr Schwarten: You've got the decency opposite to a level that has improved now but of a water rat. which, in the view of this Government, still has Mrs Sheldon: You are a water rat. some way to go. We have improved the lump sum payments for workers. In addition, we Mr SPEAKER: Order! The member for have improved their death benefits and the Caloundra will withdraw that statement. It is special lump sums for brain and spinal chord unparliamentary. injuries. Mrs Sheldon interjected. In other words, overall in terms of the Mr SPEAKER: Order! The member will regime of State taxes and charges, employers withdraw the statement unequivocally. have got the best result of any set of Mrs Sheldon interjected. employers in the country. As far as workers are concerned, not only have we maintained Mr BRADDY: The people of common law access but also in those key Queensland have been offended by the areas of lump sum payments—which affect behaviour of the Leader of the Liberal Party the majority of injured workers—and in relation during this week. Her offensiveness has to weekly benefits for particular categories of increased through her asking of this question. workers we have delivered equity and fairness To attempt, as the Leader of the Liberal Party that the lot opposite never did and never is doing, to—— would do. Mrs SHELDON: I rise to a point of order. Mr SPEAKER: Order! There is no point Safety of Children in Schools of order. I heard what the Minister said. Mrs SHELDON: I direct a question to Mrs SHELDON: The comments that the the Minister for Police. In the wake of the Minister made about me being offensive are vicious murder of two girls on the Sunshine untrue, and I want them withdrawn. They are Coast this week, I draw the Minister's attention unfounded and they are a lie. to yesterday's attack on two nine-year-old girls in a toilet block within the grounds of a Mr SPEAKER: Order! I warn the Deputy suburban Brisbane school. Given that existing Leader of the Coalition under Standing Order police resources are unable to deal with the 124 for disobeying my ruling. I heard what the emergence in Queensland of another new Minister said. The member's point of order is crime—school invasion—and given the not valid. I call the Minister. Government's basic responsibility to provide a Mr BRADDY: The people of school environment that is safe, I ask: when Queensland expect the Government and the will he adopt coalition policy and provide Opposition to exercise statesmanship during school-based constables to protect school times of personal crisis for residents of this children? State. The Leader of the Liberal Party never Mr BRADDY: I am not surprised at the displays any statesmanship. This question in question, given the comments made earlier itself is offensive, because it does not this week by the Leader of the Liberal Party in state—— the wake of the murder of those two young An Opposition member: What are girls—comments that were completely in bad you hiding? 2 November 1995 878 Legislative Assembly

Mr BRADDY: It would be appropriate they become more and more extreme in their that, at least on this issue, I be heard without comments. The story does not change—only interjections from Opposition members. the adjectives. The story becomes a bit more Mrs Sheldon: We are asking about two extreme and there is a bit more hyperbole. girls in a school toilet. I want to make a few comments about Mr BRADDY: I am about to answer that the rewrite of the Stamp Act. Yes, we are question. going through a comprehensive rewrite of the Stamp Act. The Act dates back to 1894, so it Mr SPEAKER: Order! I warn the Deputy is more than 100 years old. It needs to be Leader of the Coalition under Standing Order brought into the twenty-first century. Yes, we 123A. are looking at changing the base of levying Mr BRADDY: The offensiveness of the stamp duty from an instrument to a Liberal Leader's question is based in the transaction. We are doing that to take account coalition's own policy. Even its own policy did of modern practice. The practice of stamping not propose providing police in every school in pieces of paper is not relevant to the this State. The policy certainly did not provide twenty-first century. The very clear instruction police in primary schools in this State. The to the Office of State Revenue during this policy that the coalition proposed—which was rewrite is that, from a budgetary point of view, laughed at because it was not it must be revenue neutral. So it is not aimed appropriate—was that there would be trials of at expanding the tax base; it is aimed at police being attached to five secondary modernising and simplifying the Stamp Act. schools. So the question that the member for I find it highly ironic that a spokesperson Caloundra has asked is based on an incorrect from the Opposition should challenge us for premise and she is quoting untruths. She is wanting to expand the tax base, when seeking—in a dirty, tawdry attempt to score everybody knows that the conservative States some political points—to present the coalition are plotting and conniving to do exactly that. A in a false light. recent newspaper article carried the heading The coalition did not have a policy of "Court talks of secession over tax row". That putting police in primary schools, and yet the article stated— question asked by the Leader of the Liberal "The West Australian Premier, Mr Party is based on that premise. Her question is Court, yesterday undermined the Federal offensive, it is wrong, and I reject it. Opposition's rejection of new taxes for the States, warning that States could secede Stamp Duty if their tax position did not improve. Mr T. B. SULLIVAN: I direct a . . . question to the Treasurer—— But Mr Court declined to reject the Mr Cooper interjected. recommendations of the Access Economics report . . ." Mr SPEAKER: Order! I warn the member for Crows Nest under Standing Order Of course, that report was commissioned by 123A. I realise that we have had two late the Western Australian Government. The nights, but I will not allow this House to Access Economics report advocated the degenerate into a rabble, and that is what it is elimination of vertical fiscal imbalance by starting to become today. I have asked combining State income taxes with possible members to be silent while another member increases in wholesale sales tax, a broad- asks a question, and I will demand that that based consumption tax and payroll tax. So courtesy be shown. I warn all members on that that is what the conservatives are talking basis. about. Mr T. B. SULLIVAN: I refer the Mr Connor: It was to eliminate payroll Treasurer to claims by the Opposition that the tax. Queensland Government will endanger the Mr De LACY: I note the member's economic health of the State with a plan for support for that. Remember the Liberals expanded stamp duty. I now ask: can he during the last Federal election campaign? advise members of the status of the rewrite of They proposed a GST, a broad-based the Stamp Act? consumption tax. There might yet be a couple Mr De LACY: I did note the ridiculous of ways of introducing that. John Howard has comments by the Leader of the Liberal Party. said that there will be no GST, but perhaps the It is strange how, as people become more States could introduce a GST. Is the Federal irrelevant and as people laugh at them more, coalition working on that? An article in the Legislative Assembly 879 2 November 1995

Business Review Weekly quotes Mr Costello, is chaos in our schools, because it suits their the Deputy Leader of the Federal coalition, as own grubby political purposes to try to portray stating— that in the wider community. It is about time "Providing the states with access to a that the Opposition, and the member for broad-based tax would allow them to Merrimac in particular, started supporting abolish many of the more distortionary teachers, school communities and the decent taxes . . ." kids who attend schools instead of time and time again, on behalf of the Opposition, Was that just an offhanded comment, or is Mr talking about disruption and chaos and Costello talking to the conservative States? denigrating the work of teachers and students. The article goes on to state that Mr Costello says that— This Government also has a number of important initiatives with respect to school ". . . he has had discussions with all the security. It is obvious that the Opposition state conservative Governments and needs to hear a little more of them. I am very oppositions on the issues and they all happy to talk about them here this morning in support the idea . . ." response to the honourable member's The article continues— question. One of the key initiatives that we "But he says the coalition cannot have announced and that we are negotiate with the governments in NSW implementing in our school security package is and Queensland until it is in office in the installation of alarm systems in schools to those states." enhance school security. We have also put in place very strong support for the Schoolwatch I presume Mr Borbidge or Mrs Sheldon is Program. That has been producing great talking with Mr Costello. What are they talking benefits by reducing damage around schools about? A broad-based consumption tax; this is and by alerting authorities to those who have what is on the agenda. No wonder Mr Howard no business on school premises. There is a is running around denying it, but the more he range of other measures that this Government denies it the more Mr Court says, "Well, they will be implementing to ensure that the school are not walking away from it." Mr Kennett environment remains a safe environment. says, "We want 80 per cent of the Federal income tax." So there is a plot about broadening the tax bases in the States, but I Victorian Economic Policies tell members opposite: it is not coming from Mr WELFORD: In the absence of any the State Labor Government. interest from the Opposition, I have another tough question for the Premier. I refer to School Security recent reports of enthusiastic comments from the Liberal Leader and shadow Treasurer that Mr QUINN: In directing a question to the the coalition is taking lessons from the Minister for Education, I refer to the increasing Victorian Treasurer. I ask: could he inform the number of attacks on teachers and students House what impact the Victorian by individuals and gangs who come into Government's polices would have on school premises without permission, and I ask: Queensland if they were implemented here? what action has he taken or will he take to assure parents that when their children are Mr W. K. GOSS: When one of my staff attending school they are not in danger, and said to me that the Leader of the Liberal Party to ensure that the teachers are not subjected was getting instruction from the Liberal to physical assault while at work, particularly Treasurer of Victoria on what one does in the when the offenders have no regard first days in Government, I said, "You're whatsoever to the laws of trespass? kidding! You're kidding!" I know that she is not quite up to the task— Mr HAMILL: This follows very much the flavour of the question asked earlier of my Mr Veivers: You got advice from John colleague the Minister for Police by the Leader Cain. of the Liberal Party. Let it be very clear what Mr W. K. GOSS: Mr Veivers should not the law in this State says of those who would interject. Did members opposite see what the enter school premises without good cause. It Liberals said in the paper about them? I saw is an offence under the legislation of the this article that appeared in the Courier-Mail State, an offence which can be prosecuted. when I was away last week. What sighs of Actions have been taken also by teachers who relief there must have been in the Liberal have been assaulted. I suggest that members Party about the election result because of the opposite are trying to paint a picture that there problems it had with the Nationals. I will not 2 November 1995 880 Legislative Assembly read it all. Referring to the Nationals, they country rail lines, and proceeded with a $10 said— billion-plus sale of the SEC. That is the "They never had to participate in a Liberals' transition to Government plan, and strategic thinking man or woman's political because the Liberal Leader does not have the campaign before." wit to draw up her own transition plan we are going to get the Victorian model. The Victorian That is what they said about the members model would be a disaster for Queensland; it opposite. They said that it was very would be a disaster for the jobs of public embarrassing going about with people who servants; it would be a disaster for industrial use that term "a cup of chino." conditions, and, in conclusion, it exposes more Mr SPEAKER: Order! I ask the Premier than anything else the policy desert that exists to get back to the question. opposite. It does not matter whether it is the election campaign or the big issue of this Honourable members interjected. week, workers' compensation, they complain, Mr W. K. GOSS: Very well, Mr they whinge, they knock, they name call, but Speaker. A cup of chino. they do not have a policy. Mr SPEAKER: Order! Mr W. K. GOSS: They keep Hospital Funding interjecting, Mr Speaker, and I respond. Mr HORAN: I refer the Minister for Mr SPEAKER: Order! I suggest that the Health to the reported claim yesterday by Dr Premier be allowed to answer the question. Brian Senewiratne, a senior specialist visiting Mr W. K. GOSS: Apparently the other physician to the Princess Alexandra Hospital, crack the Liberals make is that when he goes that the hospital is facing a projected shortfall to a restaurant and orders a drink, he says, "I'll of $11m by the end of this financial year and have a chardon, eh!" Of course, he finishes off that administrators are already holding secret the meal with a cup of chino. meetings to devise strategies in a bid to rein in the projected deficit. As similar cash crises are To get back to the subject matter—I said also being predicted for major hospitals such to my staff, "Look, not even Mrs Sheldon as Prince Charles, Royal Brisbane, Townsville would do that. I want to see the quote." I have and the Gold Coast, I ask: does this mean it here. It is a quote from the reader of the that Queenslanders can expect to see more ABC news on Tuesday, 24 October— quiet weeks, secretive bed closures and "The Victorian Government, theatre closures during holidays? After 100 particularly the State Treasurer, Allan days, can he explain why basically nothing has Stockdale, is helping the Queensland changed and Queensland hospitals remain coalition prepare this plan." strapped for cash? Mrs Sheldon said— Mr BEATTIE: I thank the honourable member for his question. I actually thought he "I am refining the Treasury had died. I am delighted to hear that he is still document, and Allan Stockdale has very with us. I am happy to answer this question in kindly offered myself and my staff to go some detail. I am extremely delighted that the down to the Treasury in Victoria and they honourable member made some reference to will help even more refine our document Brian Senewiratne. I was reading some of transition to Government." comments that Brian Senewiratne made Let me tell this House what the Victorian about me the other day and I want to share Liberals' transition to Government plan them with members opposite. I think he was involves. I refer to an article from the dead right. What a perceptive man. In relation Melbourne Age of 6 June. This is how it to QE II, he said— started off. Firstly, they axed 50,000 public "I applaud Health Minister Peter service jobs. Secondly, they introduced Beattie for his determination and courage individual work contracts in the public in telling health bureaucrats to get stuffed service—so that is part of Mrs Sheldon's plan. and in doing the right thing." Thirdly, they shut 270 schools. They sacked 8,000 teachers. They cut the Health budget by He went on to say— $220m in the first two years. They introduced "At last we have a minister who has higher taxes and charges. They reduced local the guts to stand up to irresponsible, authorities from 210 to 78. They sold the TAB. ignorant and uncaring bureaucrats in the They approved a new, privately funded $1.7 so-called Health Department who have billion tollway. They privatised the buses, shut their own agenda . . ." Legislative Assembly 881 2 November 1995

Mr Elder: He said complimentary things any Government is in office. If the member about me too. knew anything about finance, he would know Mr BEATTIE: Of course, he did. Mr that that is what happens in hospitals. Speaker, I would be happy to share what he Mr Horan interjected. said about my predecessor, too, but I am sure Mr SPEAKER: Order! I warn the that you would limit me. He said that we are all member for Toowoomba South under stars. He said— Standing Order 123A. The honourable "What Mr Beattie has shown is that member has asked his question. they can be beaten and that common Mr BEATTIE: It is important to sense can prevail." understand that Health is the biggest I table that document for the information of Government department. We have a budget the House. I think honourable members need of $2.7 billion. This Government has increased to be aware of the support that Brian dramatically the amount of money spent on Senewiratne is giving me. health. Former Governments were not I return to the issue of budgets. After spending anywhere near enough on health. three months—— My responsibility is to make sure that we Opposition members interjected. obtain the best value for the health dollar and I am going to do just that, no matter how Mr BEATTIE: Mr Speaker, can I answer much members opposite try to attack and this question? I would be grateful for the denigrate the people in the health system. opportunity. The noise is horrendous. Mr SPEAKER: Order! Health Mr BEATTIE: Thank you for your protection, Mr Speaker. Mr MULHERIN: I ask the Minister for Health to outline to the House what activity Mr Borbidge interjected. has been occurring in the Health portfolio by Mr BEATTIE: I would not be too smart if way of achievements since the I were you. You have not even visited the commencement of the third term of the Goss Gold Coast hospital. The only time you were Labor Government. Is the Minister aware of there was to do a news conference in front of any unfair criticism of the Gold Coast Hospital it. by National Party members? Opposition members interjected. Mr BEATTIE: I am happy to answer this Mr SPEAKER: Order! The Minister will question. In fact, I am delighted to answer it, address his comments through the Chair. and I thank the honourable member for Because of the noise from the back of the Mackay for asking it. I noticed that students Chamber I cannot hear the Minister. I ask from his former school, St Mary's, were in the members to be orderly. Speaker's gallery earlier. Mr BEATTIE: Thank you, Mr Speaker. I In the 100 days of my consultation, a was replying to the honourable member's number of major initiatives have been put in interjection, but I have decided not to do that. place. Work has started on the Royal Brisbane It would be nice if he visited the Gold Coast Hospital. We are rebuilding the fabric of the Hospital. Queensland hospital system that previous After the first three months, which is only Governments—previous National Party 25 per cent of the financial year, it is Governments—allowed to be destroyed. We irresponsible for the Opposition spokesman to have guaranteed the future of the QE II make any references to budgets. Anyone who Hospital. For the benefit of the House, I table knows anything about finance—which the long-term strategy that has been prepared excludes the honourable member—would to ensure that that hospital is looked after. know that activity increases in the first three Under the National Party, that hospital was not months of a financial year. That is what given a role. This Government has given it a happens at the beginning of a new financial future. In addition, we have determined that year. The honourable member should talk to the PA Hospital will be rebuilt, and we will one of his mates who knows something about rebuild a hospital of world standard. hospitals. That is what happens in the first We have guaranteed the future of three months. That happens in every hospital. oncology and cardiac services in Townsville. It happened when the members opposite We have guaranteed the Kirwan Neonatal Unit were in office; it will happen when this funding. Last Thursday and Friday, I had Government is in office; it will happen when lengthy discussions with Dr John Whitehall, the 2 November 1995 882 Legislative Assembly doctor in charge, about the future of that unit. patients. I have made certain that next year He is absolutely delighted with the position the Gold Coast Hospital will have better renal taken by this Government. In addition, six new services. Renal patients are in the category of mobile dental vans have been put on the road minority groups. I will continue to ensure that as part of a $27m commitment to improve oral they are looked after. health services Statewide. The member for Southport also said that A Young People at Risk prevention there were not enough sheets at that hospital. program has started, particularly at Yarrabah There are 1,850 sheets at that hospital which in north Queensland, to reduce and address are laundered every day. All that the member youth suicide, which is a matter of some has to do is go to the hospital and have a concern to all members of the House. A new look. I invite the Leader of the Opposition to Queensland drug strategy has been visit the Gold Coast Hospital—a hospital that implemented to reduce the harmful effects of he has visited only by standing outside it and alcohol and drug abuse. A new aero-medical holding news conferences. retrieval service has been established to better serve rural Queenslanders. That is a very important initiative to look after people in Wet Tropics Management Authority country Queensland—something that the Ms WARWICK: I direct a question to Opposition never did when it was in the Minister for Environment and Heritage. In Government. light of the launch of the Wet Tropics Draft We have provided $1.5m in primary Management Plan and increasing community health care funds. That money has been speculation and impatience over the Minister's granted to non-Government organisations to failure to name and appoint a chair for the be used in preventive health strategies. We Wet Tropics Management Authority, I ask: have established a new lung transplant unit at when will the Minister make a decision on that the Prince Charles Hospital. A range of capital important appointment? Is the former Labor works projects have commenced. A tender member for Barron River, Lesley Clark, in the has been accepted to build the new 130-bed running? If the decision has already been Hervey Bay hospital, and $8.5m has been made, when will he make an announcement? allocated to purchase specialist equipment. Mr BARTON: It is essential that I place That total project will cost $42.67m. Tenders on record some of the enormous have been let at the Maryborough Hospital for misinformation that has been spread in Cairns laundry services. Capital works have by the member for Barron River, particularly commenced at Mount Isa. early last week. I will go to the heart of this I turn now to the second part of the question. Certainly in the near future I will be question, which relates to unfair criticism by taking to the Cabinet a nominee for chair of National Party members on the Gold Coast. I the Wet Tropics Management Authority. I refer to comments published this morning in have before me the credentials of a couple of the Gold Coast Bulletin which quoted the good people. A decision will be made in the member for Southport attacking the near future after I have taken that matter to hardworking people at that hospital. Cabinet. Of course, it is totally inappropriate for me to speculate publicly about who is in and Mr VEIVERS: I rise to a point of order. who is out. However, I refer to the absolutely The Minister is—I was going to say "telling inappropriate comments that have been made lies"—telling untruths. I ask him to withdraw by the member in the newspapers—firstly by what he said because it is not true. I find his sending me a letter by facsimile, about which I comments offensive; they are untrue. was receiving media requests for comments Mr SPEAKER: Order! I ask the member within 30 minutes of my receiving it. to withdraw the word "lies". The member for Barron River claimed that Mr VEIVERS: I withdraw that word. I would be making an announcement last Mr SPEAKER: Order! The member Thursday when I released the draft Wet finds those comments offensive and asks the Tropics Management Plan and that Dr Lesley Minister to withdraw them. Clark would be chair of that authority. Quite frankly, the member was wrong, because I did Mr BEATTIE: I withdraw whatever the not make that announcement. That is the first member found offensive. This morning in the bit of misinformation. However, I certainly want Gold Coast Bulletin the member attacked to say something about the language used in minority groups and what the Government is the letter, which was made public by the doing on the Gold Coast. One of the minority member for Barron River, to describe what she groups that the Government is helping is renal believes was an inappropriate attempt by me Legislative Assembly 883 2 November 1995 to put Dr Clark back on—and I think the term during the recent State election campaign an was—"the public-funded nipple of announcement was made that the Government". I find that language quite Government would commit $17m to upgrading offensive, particularly when it is used by a school security systems. female member of Parliament. We have been looking closely at the The member for Barron River also had the success of this program and, in some temerity to suggest that that was another southern parts of Brisbane, the statistics are example of inappropriate action to appoint very encouraging indeed. Of the schools that former members of Parliament, and she we have been monitoring, the statistics show suggested that she should have been that, as a result of school security, the cost of appointed by the Treasurer to take his place repairs created by vandalism has decreased when he could not be part of another by something like 72 per cent. That represents body—an unpaid body—that meets in Cairns a tremendous reduction in costs to the in relation to Trinity Bay. I believe that taxpayers of Queensland. Also, the statistics suggestion, and suggesting it in public show quite clearly that the number of offences statements denigrating Dr Clark, shows the reported at those schools has decreased absolute naivety of this particular member. dramatically—a reduction of something like 40 Mr De Lacy: They oppose everything, per cent as a result of the school security and then they want to run our bodies. system. We now have that system installed in 400 schools throughout Queensland, and in Mr BARTON: The Treasurer is quite conjunction with the Education Department we correct. Opposition members oppose are looking at further schools at which the everything, and then they expect to be system can be installed. We are undertaking brought into the inner circle of Government in security audits on a number of schools. this State when, in fact, they are in Opposition. Already 30 such security audits have been The member for Barron River also publicly completed. It takes approximately six weeks attacked Dr Clark's environmental credentials after the undertaking of a security audit to and her actions in Cairns. Dr Clark has a set of install a security system. It is a very successful credentials that are well known by people in program. that region and other people in this State. One cannot place a value on the While she was a member of this Parliament, emotional trauma that is saved if vandalism or she did a great job in relation to environmental fires at schools are prevented. A couple of issues. Certainly her loss of the seat of Barron nights ago, there was a very nasty incident at River had nothing to do with the fact that she a high school, and a considerable amount of is an extremely creditable person who is damage was caused by fire. One cannot place committed to the environment, not like the a dollar value on the emotional trauma that current member for Barron River. such damage causes. As well as saving valuable dollars to the taxpayers of School Security Queensland, the school security system is also making a very valuable contribution in saving Mr NUTTALL: I ask the Minister for emotional trauma to people involved in those Administrative Services: can he inform the very unfortunate incidents. House of what progress has been made regarding the election commitment for the upgrading of school security? Royal Brisbane Hospital Mr MILLINER: I acknowledge that the Redevelopment member for Sandgate has a very keen interest Mr LINGARD: I refer the Minister for in the schools in his electorate. He is Administrative Services to the architectural constantly at my door talking to me about design tenders for the Royal Brisbane and matters such as school security. He is very Royal Women's Hospital redevelopment—a committed to ensuring that schools in his tender worth approximately $7m to $8m in electorate have the necessary resources. professional fees. The winning firm was a The school security system has been one Sydney-based company, DiCarlo Potts, and of the outstanding successes in relation to consultant Daryl Jackson. I ask: is it true that public education buildings. It is one of the the Sydney company had a competitive great initiatives of this Government. No doubt advantage as it had drafted the master plan of the school security system has made a major the project, details of which were not provided contribution towards reducing the amount of to Queensland tenderers? Is it also true that vandalism and destruction within our schools. Queensland firms quoted fees $450,000 lower The system has been so successful that than the winning New South Wales tender? 2 November 1995 884 Legislative Assembly

Mr MILLINER: I am not fully aware of engaged over 600 key teachers to work in the claims made by the honourable member relation to the diagnostic net. Those resources in relation to the fees. However, I will certainly will be directed towards picking up the needs look into the matter and get back to him about of those children who have been identified. As it. It is true that a master plan was carried out well, 110 education advisers will also be for the redevelopment of the Royal Brisbane working with those children. The Support a Hospital. That master plan was carried out by Reader Program, wherein teacher aides have DiCarlo Potts in conjunction with Daryl been trained to work with children, will also be Jackson. DiCarlo Potts is a firm of architects of benefit to those children who have been that is recognised internationally for its work in identified in the diagnostic net. As well, the the health sector. It how has a Queensland Reading Recovery Program, which we have association. As to the other matters raised by been trialling on the Darling Downs—with very the honourable member—I will get back to him good results indeed—is being implemented to with some information about his concerns. again bolster our capacity to deal with those children who need a bit of extra assistance with respect to literacy. The preliminary Literacy and Numeracy information that has come to my attention Mr BRISKEY: I refer the Minister for identifies that young boys rather than girls Education to longstanding concerns in the seem to be in greater need of early community about the levels of literacy and intervention with respect to literacy. Also, the numeracy in our young people, which were pattern has been shown to vary across the addressed by the Goss Government in the State—both in regions and across regions. Wiltshire report, and I ask: can he advise However, an absolute commitment from this whether there is evidence that the Year 2 Government is that the administration of the diagnostic net introduced as part of this reform diagnostic net is being backed up with real process is achieving results in this important resources to ensure that the kids in our sector of education? schools get the best education possible and that the needs of children in Queensland Mr HAMILL: I thank the member for schools with respect to literacy and numeracy Cleveland for his very timely question are addressed. because, as parents around the State would be aware—and certainly parents of children in Year 2—the outcomes of the diagnostic net, Schoolies Week which was administered this year, will be Mr DAVIDSON: I draw to the attention available as from tomorrow. Parents of the Deputy Premier and Minister for throughout the State will be invited to discuss Tourism, Sport and Youth that Schoolies those outcomes with teachers as appropriate Week is fast approaching. At present on the intervention is put in place to assist those Sunshine Coast there is only one liquor students who have been caught in the net licensing inspector to oversee 300 licensed with respect to literacy and numeracy. outlets and their customers. Given the history The key recommendations of the Wiltshire of this event and the behavioural problems report focused on the need to address associated with Schoolies Week, I ask: could problems relating to literacy and numeracy in the Minister advise the House what proposals our primary schools. I am aware of some and initiatives have been put in place to cope preliminary data that has come out about the with Schoolies Week? Are there sufficient needs that have been identified by the net licensing inspectors available, especially at across three regions in the State comprising popular schoolies destinations such as the about 6,000 children. That data has shown Gold Coast and the Sunshine Coast? that one in four children have been caught in Mr BURNS: The Government has been the net with respect to literacy. To put it developing a deliberate campaign to deal with another way: three out of four children in Year this. We welcome young people to our holiday 2 have not been caught in the net with respect spots; we are very keen to have them. Over to literacy. the years, most of our tourist areas have done For those who have been caught in the very well out of the young people who have net, it is only appropriate that intervention take gone to these coastal resorts to celebrate the place. As a Government, we have been end of their school lives. Unfortunately, last absolutely committed to this initiative and to year we found that a lot of young people providing the resources necessary to deal with coming from interstate created problems. issues of literacy and numeracy as they arise. Therefore, in consultation with Queensland That is why this year the Government has Health, the Queensland Police Service and Legislative Assembly 885 2 November 1995 the liquor industry, the Government has operations have been organised in other developed a campaign regions. We do not want to advertise some of That campaign includes an advertising this information; once people know where campaign to be conducted on three radio inspectors will be, they will merely go stations in south-east Queensland. The somewhere else. Inspectors will detect advertisements will run on B105 from 15 to 22 offences relating to the supply of liquor to November, and on SeaFM and Mix93FM from minors on licensed premises, unduly 18 to 30 November. A Queensland print intoxicated patrons and behaviour of patrons advertising campaign is to be conducted in in or in the vicinity of licensed premises. They youth magazines. This campaign will run in will try to detect false or defaced identification Manifesto, Rave and Time Off in the weeks cards and detect any other offences under the leading up to Schoolies Week. Advertising in Liquor Act. The State Government will work the mainstream Brisbane print media will tirelessly to ensure that the 1995 Schoolies ensure that parents are aware of under-age Week is as safe as possible for the youth of drinking laws. A letter will be circulated to this State. Queensland schools outlining the penalties for We do not want to deter kids from having under-age drinking, the increased investigative a good time and going to our holiday resorts. presence during Schoolies Week and the However, we have to get the message across acceptable forms of proof of age for those that they have to behave themselves. If they young people over the age of 18. Double- do not behave themselves, we will throw the page features in the November edition of my book at them. department's Liquor Licensing Bulletin will inform licensees of penalties for the sale of liquor to minors, acceptable forms of proof of Heritage Grants age, and the availability of published resource Mr PURCELL: It is a bit hard to beat material to assist them during the period. that Dorothy Dixer, but I will try! My question is I am particularly concerned about the high directed to the Minister for Environment and incidence of southern troublemakers. Last Heritage. I understand that the 1995-96 year, four in every five prosecutions against Queensland heritage grants are due to be under-age persons during Schoolies Week released shortly. Will the Minister inform the related to minors from interstate. Obviously, House of the breakdown of these grants and the tourism industry welcomes the many well- will he tell honourable members what progress intentioned young people from the south. As has been made under the scheme, especially to the minority of troublemakers who intend to in the light of the former National Party's do the wrong thing—I have a simple message shocking record on heritage issues? for them: stay at home or stay off the booze. If they do not, they will be arrested and Mr BARTON: I thank the member for prosecuted. I also have a message for Bulimba for that question. Of course, in the southern parents who know that their kids will past, the honourable member has head north to play up: keep your drunken demonstrated his great support of and love for trouble south of the border. the arts. People are also aware of his support for the built environment, in particular heritage A campaign has been organised to make buildings. sure this message makes its way to southern states. An interstate print advertising Mr Burns: He is such a delicate fellow! campaign will be conducted in youth Mr BARTON: The member is such a magazines, including the On the Street and delicate person—the tutu kid! The heritage Beat magazines in Sydney, and the Impress grants for 1995 have been allocated. An and Drum magazines in Melbourne. We have amount of $220,000 has been split between requested that articles be placed in school 24 projects which are designed to provide news bulletins circulated by the New South support for the research and preservation of Wales and Victorian Education Departments. many significant cultural and historical sites In addition to the awareness campaign, a throughout Queensland. The successful comprehensive investigation program has applicants represent a wide cross-section of been developed for the period. Eighteen liquor people throughout the State, ranging from licensing investigators will be conducting both people in urban areas to those on Mornington day and night operations during the period Island and in western Queensland. In this way, from 18 November 1995 to 3 December 1995 the State Government is ensuring that these on the Gold Coast and the Sunshine Coast sites and structures are protected for future and in the Brisbane metropolitan area. Smaller generations to appreciate and enjoy. 2 November 1995 886 Legislative Assembly

It should be noted that about half of the department was aware of that. These are money—some $113,000—went to projects in professional people whose job it is to be aware non-Labor electorates. That goes to show that of that problem. There was close liaison each project was assessed by the between my department and representatives independent panel of experts on merit and not of the New Guinea Government. As I pointed on any political criteria. That is totally opposite out to the House the other day—substantiated to the way in which the Government grants by the article to which the honourable member system was run by the National Party referred—there was seen to be a need for a administration in those dark years when it was greater concentration of expertise. in Government. Since 1992 when this Mr SPEAKER: Order! The time for Government initiated legislation dealing with questions has now expired. cultural heritage, there has been an incredible increase in the level of interest in cultural heritage throughout Queensland. This has SOUTH BANK CORPORATION been reflected in this year's grants program. AMENDMENT BILL There were 146 applications seeking a total of Hon. W. K. GOSS (Logan—Premier some $6.5m in funding. Of course, funding of and Minister for Economic and Trade only $220,000 was available. However, that Development) (11.18 a.m.), by leave, without shows the great interest in the community in notice: I move— our cultural heritage. Wherever I travel in Queensland, I am lobbied continuously by "That leave be granted to bring in a people seeking grants of this nature. The Bill for an Act to amend the South Bank successful applicants were chosen by a panel Corporation Act 1989." of experts in Aboriginal and Torres Strait Motion agreed to. Islander heritage and the cultural heritage of this State. First Reading This Government is committed to protecting our cultural heritage. Of course, that Bill and Explanatory Notes presented and is in absolutely stark contrast to the National Bill, on motion of Mr W. K. Goss, read a first Party's administration, which ignored any time. cultural values in favour of a narrow, pro- development philosophy. We need to Second Reading remember back to when a certain building across the road from this Parliament was torn Hon. W. K. GOSS (Logan—Premier down. The National Party tore down this and Minister for Economic and Trade State's heritage buildings in the middle of the Development) (11.19 a.m.): I move— night. This Government is protecting the "That the Bill be now read a second heritage buildings of this State in a very fair time." manner. The Bill that I present to the House today will amend the South Bank Corporation Act Papaya Fruit Fly 1989. The Bill is required in order to place in the principal legislation statutory powers Mr PERRETT: I refer the Minister for enabling the corporation to exclude persons Primary Industries to a report in Friday's PNG creating a public nuisance from the South Courier which states that the papaya fruit fly Bank Parklands. These statutory powers will was discovered in the western provinces of merely give legislative clothing to the Papua New Guinea in 1992. As the discovery corporation's power under the Act to regulate is in close proximity to Queensland, I ask: was the entitlement of persons to enter the the Minister's department aware of the 1992 parklands and their conduct and behaviour discovery? What action was taken at that time whilst there. to avert the possible spread of the fruit fly into Queensland? These powers have since 1994 been contained in by-laws. The original by-law Mr GIBBS: As far as I am aware, the granting exclusion powers for a trial period was department certainly did have knowledge of the subject of a report to this Assembly last the discovery of the fly in New Guinea in 1992. year by the former Committee of Subordinate In fact, we have had knowledge of the fly Legislation. That report concluded that, if the since it was first discovered in Thailand and powers were to be retained following the trial, since its spread to Malaysia, Indonesia, Irian then they should be placed in the principal Jaya and Papua New Guinea and from there legislation rather than in a by-law. The to the Torres Strait islands. Of course the committee further recommended that a right Legislative Assembly 887 2 November 1995 of review be provided for persons aggrieved by a court to review an order, are at present an exclusion order. This Bill addresses the found in the by-law. The Bill inserts a new Part conclusions of the former committee's report. 5A into the Act, dealing with conduct on the The sunset date for the by-law was site. "The site" is defined by a by-law in order extended from 30 June to 30 December 1995 to accommodate the continual changes to the in order to allow for collection of data on the area brought about by new works and impact of the powers and to allow consultation commercial dealings in land. It is the clear with local government and interested intention of the Government, however, that community groups. All sections of the by-law "the site" in relation to exclusion powers is the covered by this Bill will be repealed upon parklands area only and the term is used in proclamation if they have not first expired. The this context elsewhere in the Act. Government is satisfied that the powers are The Bill provides for security officers or required for the foreseeable future in order to police officers to direct a person to leave the preserve the South Bank Parklands as an site if the person is found committing an attractive family and tourist recreation area. exclusion offence. An exclusion offence is Use of exclusion powers, rather than police defined as being drunk and disorderly or intervention through arrest or proceeding by creating a disturbance. Security officers are complaint and summons, has the additional empowered to issue a written notice excluding benefit of providing an alternative to criminal a person from the site for a period up to 10 law intervention for misbehaving individuals. days where the person is found committing an The Government has listened carefully to exclusion offence, or disobeying a previous the concerns of those in the community who exclusion direction, and the security officer is see these powers as representing an erosion of the opinion, on reasonable grounds, that of civil liberties. This Government is indeed such an exclusion is justified because of the most mindful of the need to preserve the civil person's behaviour. liberties of the citizens of this State. But I am Security officers are also empowered not convinced that civil liberties would be when finding persons committing exclusion better served by arresting exuberant offences, damaging property or contravening troublemakers and locking them in the watch- exclusion directions or orders to use house rather than by excluding them from the reasonable force to bring those persons site until they calm down. before a police officer. In order for the I take this opportunity to thank in exclusion powers to work, security officers and particular the Brisbane City Council, the police officers may require persons found Queensland Law Society, the Queensland committing offences to give their names and Council for Civil Liberties and the Youth addresses. If the corporation believes the Advocacy Centre for their comments to this circumstances so warrant, it may seek from a Bill. I am pleased to note that a number of court an exclusion order for a period of up to suggestions from these bodies based on one year. Where a police officer is proceeding exposure drafts of the Bill have been against a person on other matters in relation incorporated in the Bill I am introducing today. to the same incident, the police officer may In particular, the Bill— represent the corporation in making an application for an extended exclusion order. ¥ defines exclusion offences in the principal Where a court exclusion order is sought, the legislation; corporation must first give notice and ¥ provides the magistrate with the discretion particulars of alleged conduct to the person in to hear review proceedings in camera or relation to whom the order is sought. The Bill in open court; also provides that these provisions will apply ¥ provides that, although legal despite the provisions of the Juvenile Justice representation is not allowed for review Act. hearings, juveniles will be entitled to have As recommended by the Committee of an associated adult in attendance; and Subordinate Legislation, the Bill also ¥ confines the operation of the powers to establishes a review mechanism where the existing parklands site only. persons who believe they have been unreasonably subjected to an exclusion The purpose of this Bill is twofold. First, it direction issued by the corporation's security continues existing exclusion provisions of the officers may have the circumstances by-law, making them part of the principal examined. A court in the central division of the legislation. Second, it establishes procedures Brisbane Magistrates Court district is for review of exclusion orders. All the powers empowered by the Bill to review the contained in the Bill, other than the power for reasonableness of an exclusion direction. An 2 November 1995 888 Legislative Assembly application for review does not in itself, policy as laws of Queensland, and for however, stay the operation of a direction. other purposes." It is clearly in the interests of all parties for Motion agreed to. reviews of exclusion directions issued by the Mr DEPUTY SPEAKER read a message corporation or its security officers to be from Her Excellency the Governor conducted as cheaply and quickly as possible. recommending the necessary appropriation. A court is therefore not bound by rules of evidence in informing itself and parties are not allowed legal representation, except that a First Reading child may be represented by an associated Bill and Explanatory Notes presented and adult (as defined). Natural justice must be Bill, on motion of Mr De Lacy, read a first time. observed, and the review may be conducted in court or in chambers. No direction may be made as to costs or compensation in respect Second Reading of an exclusion direction. The Bill provides as Hon. K. E. De LACY (Cairns— an example of how a court may conduct a Treasurer) (11.28 a.m.): I move— review that it may allow a party to take part by telephone. A court conducting a review of an "That the Bill be now read a second exclusion direction made by the corporation's time." security officers may confirm the direction, set In April 1995, Queensland along with it aside, or issue other appropriate directions. other States and the Commonwealth entered In order to provide for accountability in the use into a number of agreements which embodied of these powers, the Bill requires the the reforms known as the National corporation to include a report on the use of Competition Policy. The Queensland these powers in its annual report. Government was a willing participant in the In conclusion, let me say that the use of formulation of this policy on the basis that a exclusion powers is seen by this Government national approach to promoting competition as an adjunct, and not an alternative, to urban will promote higher standards of living for planning and social program responses to Queenslanders and all Australians through a antisocial behaviour, particularly among young better use of resources; resulting in lower people. The corporation and the Government prices, more growth and more jobs. The 1993 will continue to search for and to implement Hilmer report identified the lack of competition programs to provide useful outlets for youthful in some markets as being a major impediment energy. The South Bank Parklands are to economic growth and improved standards themselves a major infrastructure investment of living. in the Brisbane community and it is through Subsequently, all of the States, including building on people's sense of community that Queensland, have commenced the we can hope to see a general reduction in implementation of National Competition Policy. antisocial behaviour. But we must all recognise In Queensland's case, a major feature of the that some people will inevitably abuse the implementation is the undertaking of superb facilities and trample on the rights of consultation with key stakeholders with respect others to tranquil enjoyment. When immediate to each of the elements of the overall reform action needs to be taken, I believe we can all package. On this basis, consultation is agree that it is better to exclude the offender currently under way with industry, local for a time than to employ the sanctions government, consumer groups and trade available under the criminal law. I commend unions regarding implementation of the policy. the Bill to the House. In particular, I note that National Competition Debate, on motion of Mr Borbidge, Policy has been developed to increase adjourned. competition in a manner such that society as a whole will be better off. Importantly, it is not being developed as a policy of competition for COMPETITION POLICY REFORM competition's sake. Instead, it assumes that (QUEENSLAND) BILL competition is generally desirable, unless it can be demonstrated, on a case by case Hon. K. E. De LACY (Cairns— basis, that competition will not provide positive Treasurer) (11.27 a.m.), by leave, without public interest outcomes. On this basis, the notice: I move— Queensland Government's approach to the "That leave be granted to bring in a implementation of National Competition Policy Bill for an Act to apply certain laws of the will be a pragmatic one which will focus on Commonwealth relating to competition competition reform outcomes rather than Legislative Assembly 889 2 November 1995 competition as an end in itself. The ultimate I have another two or three pages here. I objective of National Competition Policy is to seek leave of the House to have the provide more and better services at lower remainder of my second-reading speech costs to the taxpayers of Queensland. I would incorporated in Hansard. also stress that the National Competition Leave granted. Policy does not require, or even encourage, It was this lack of constitutional power by privatisation, nor does it encourage the Commonwealth to "cover the field" that Governments to abandon or reduce their enabled the States and Territories to negotiate community service obligations. the National Competition Policy Reform The National Competition Policy was package to achieve an outcome that has negotiated in response to the report of the significant benefits for Queensland. There are Hilmer committee on National Competition two major benefits for Queensland. Firstly, Policy. The Hilmer committee conducted an Queensland retains the ability to authorise by legislation behaviour which would otherwise be extensive inquiry, receiving more than 130 in breach of the Trade Practices Act if this is in public submissions in the process. Further the public interest. Secondly, Queensland will extensive public consultation was had by be eligible to receive approximately $2.3 billion officers of the Commonwealth, State and over 10 years in special payments from the Territory Governments as part of the Commonwealth. Both, however, are dependent negotiations of the final competition policy upon Queensland passing this legislation. package agreed to by heads of Government. The object therefore of the Bill is to apply This agreement resulted in the passage by the the restrictive trade practices provisions Commonwealth of its Competition Policy contained in Part IV of the Trade Practices Act Reform Act in June this year. The National as the law of Queensland. These provisions Competition Policy embodies a number of form the basis of what has been titled the reform initiatives which are to be implemented "Competition Code". The result will be that all by all jurisdictions within an agreed time frame. business activity, no matter how it is structured This Bill is one such initiative. or owned, will be subject to consistent competition laws and policies throughout The Hilmer committee concluded in its Australia. report that the heads of Government had Turning now to the provisions of the accepted that the competitive conduct rules Bill—the provisions set out a scheme which will contained in Part IV of the Trade Practices Act result in all businesses being subject to the should, in principle, apply to all business Trade Practices Act being administered by activity within Australia regardless of the form Commonwealth agencies and being subject to of ownership. Exemptions from these rules are other Commonwealth laws. It is a similar to be granted only where a clear public benefit scheme to that adopted for the Corporations has been demonstrated through an Law. Part 2 has the effect of applying the Competition Code as the law of Queensland. appropriate and transparent process. The The Competition Code consists of— subsequent National Competition Policy Agreement provides for the coverage of the the Competition Code text which is Part TPA to take the form of national scheme IV of the Trade Practices Act written so as to apply to persons rather than to just legislation. corporations. A copy of this text is set out The Commonwealth Competition Policy in the Attachment to the Bill; Reform Act has, amongst other things, other provisions of the Trade Practices extended the reach of the TPA to State Act so far as they are relevant to the business activities to be effective from 21 July Competition Code text; and 1996. It remains, however, for the States to relevant regulations made under the Trade pass mirror TPA legislation in their own Practices Act. jurisdictions to cover those areas of activity Provisions have been included to provide for which could not be caught by the the delayed application of amendments to the Commonwealth in its own right. The Competition Code text and regulations. This is Commonwealth, in particular, lacks the to enable the States and Territories to be constitutional power to apply the Trade consulted on these amendments. The Practices Act completely to unincorporated Commonwealth Acts Interpretation Act will bodies and the professions. I say "completely" apply to the Competition Code rather than its in the context that the Trade Practices Act Queensland equivalent. currently does apply to these bodies in certain Part 3 provides for the citing of the circumstances, such as when they trade Competition Code to help ensure there is a across State and Territory boundaries, deal single national Competition Code applying with corporations or deal with the throughout all participating jurisdictions. Part 4 Commonwealth. directs all States and Territories to the 2 November 1995 890 Legislative Assembly

provisions of the Competition Code of Motion agreed to. Queensland. This provision mirrors the provisions of the Trade Practices Act. Part 5 Mr DEPUTY SPEAKER read a message provides for the national administration and from Her Excellency the Governor enforcement of the Competition Codes. It recommending the necessary appropriation. provides for functions and powers arising under the Competition Codes to be conferred on the appropriate Commonwealth agencies which First Reading administer the Trade Practices Act. The Federal Bill and Explanatory Notes presented and Court is conferred the jurisdiction to deal with Bill, on motion of Mr De Lacy, read a first time. matters under the Competition Code. The Commonwealth offence provisions are also applied as is the Commonwealth administrative Second Reading law to matters arising under the Competition Code. Hon. K. E. De LACY (Cairns— Treasurer) (11.35 a.m.): I move— Part 6 ensures that there is no doubling-up of liability as a result of a person being subject "That the Bill be now read a second to the Trade Practices Act and Queensland's time." Competition Code. It also provides that all fees, In February of last year the Government taxes, penalties, fines and other moneys payable under the Competition Code are to be introduced new legislation in the form of the paid to the Commonwealth. Importantly, clause Motor Accident Insurance Act. This Act was 39 provides for the State to make regulations proclaimed to commence on 1 September which exempt behaviour from the Trade 1994. This date heralded the start of a new Practices Act and the Competition Code. Such and fairer compulsory third-party motor vehicle regulations are temporary and are only valid for insurance scheme in Queensland, especially two years and cannot be renewed. More in the delivery of benefits to injured parties. permanent exemptions must be contained in an The need for reform in the compulsory third- Act. Part 7 contains a number of transitional party scheme was highlighted by the delay in provisions which mirror those contained in the settlement of claims—four and a half years Commonwealth's Competition Policy Reform Act. These deal with the status of contracts was the average time from date of injury to made prior to 19 August 1994 which were settlement. Rehabilitation provision, previously not caught by the Trade Practices regrettably, was not a feature of the previous Act, the temporary exemption from pecuniary scheme. However, under the Motor Accident penalties for persons who will now be caught Insurance Act it becomes the focus of by the Competition Codes and provides for personal injury management. This must be of advanced authorisations to be granted by the particular benefit to those severely injured, and Australian Competition and Consumer of course there is the long-term reduction in Commission, the successor to the Trade economic and social cost to the community. Practices Commission. Part 8 provides for the Competition Code text being set out as an Although we are only a little over a year attachment to the Bill. The attachment does not into the new scheme, I am informed that very form part of the Bill. favourable comment has been received from In conclusion, the Bill will result in a injured parties, the legal profession consistent set of competition rules applying representing both injured persons and uniformly to all business in Australia and will insurers, the medical profession and allied result in significant benefits to Queensland. health providers as well as from underwriting I commend the Bill to the House. licensed insurers. The Goss Government is totally committed to the continual review of this Debate, on motion of Mrs Sheldon, important social justice legislation to ensure it adjourned. meets the community's needs. The Government believes it is appropriate now to introduce the Motor Accident Insurance MOTOR ACCIDENT INSURANCE Legislation Amendment Bill. The primary aim LEGISLATION AMENDMENT BILL of the Bill is to ensure appropriate coverage by Hon. K. E. De LACY (Cairns— the Nominal Defendant, and the opportunity is Treasurer) (11.34 a.m.), by leave, without also taken to introduce amendments that will notice: I move— address any ambiguity or omissions in the "That leave be granted to bring in a original legislation. Bill for an Act to amend the Motor I would like to elaborate firstly on the Accident Insurance Act 1994 and the Nominal Defendant situation. The legislation, Transport Operations (Road Use as it currently stands, involves the Nominal Management) Act 1995." Defendant in cases where the accident Legislative Assembly 891 2 November 1995 involving an uninsured motor vehicle occurs on The owners and drivers of a road. By definition the term "road" is given unregistered/uninsured motor vehicles need to broader application, but there is some take heed that the Government is committed conjecture that the definition may exclude to detecting these vehicles on our roads. In from Nominal Defendant cover places like recent months the Department of Transport beaches, where people frequently use motor has upgraded its detection activity, resulting in vehicles. The Motor Accident Insurance an increase in prosecutions, both for being Legislation Amendment Bill addresses this unregistered and uninsured. With better issue by including a "public place" in the scope technology now available to officers of the of cover and as such affords persons injured department, this activity will be continuing and as the result of the negligence of an uninsured no doubt will become more effective. As an motor vehicle driver much wider protection. It added warning to owners and drivers of certainly extends the cover to our beaches. unregistered/uninsured motor vehicles, they The definition of a "public place" is aligned to are playing Russian roulette with their the Motor Vehicles Control Act 1975. By finances, because if a person is injured and a adopting this definition, it means that if an claim is paid by the Nominal Defendant, the uninsured motor vehicle is involved in an negligent driver and/or owner will be required accident at a place where the vehicle, at the to repay the amount paid under the claim. material time, would have required registration Many of these claims amount to several and therefore compulsory third-party hundred thousand dollars. insurance, the Nominal Defendant Fund will stand in place of a compulsory third-party The final aspect of the Amendment Bill to insurer. However, the proposed amendment mention is the proposed amendment to the does not broaden the cover to the degree that Transport Operations (Road Use an uninsured motor vehicle involved in an Management) Act 1995. As I have already accident on private property can come within stated, there is a very clear obligation for the scope of the Nominal Defendant scheme. motor vehicles to have compulsory third-party insurance. Officers of the Department of Section 5 of the legislation is subject to Transport are entitled to carry out necessary further amendment by inclusion in subsection inquiries and to bring prosecutions in respect (1)(b) the words "in respect of the insured of compulsory third-party insurance, but again motor vehicle". The purpose of this by the adoption of the proposed amendment amendment is not to alter the application of it makes the intent and authority quite explicit. the Act but rather to make the intent clearer, and this action is further reinforced by There was extensive consultation prior to amendment of the "policy of insurance the introduction of the Motor Accident wording", which specifies that cover is limited Insurance Act, and there has been ongoing to the insured motor vehicle. Both dialogue with the various stakeholders amendments will have retrospective subsequent to the commencement of the application concurrent with the scheme. At this point, I must particularly commencement of the Act on 1 September acknowledge the efforts of the Royal 1994. Automobile Club of Queensland, the I would like to refer to the various Insurance Council of Australia, the Bar amendments relevant to the change in name Association of Queensland, the Queensland of the hospital and ambulance levy to the Law Society's Accident Compensation hospital and emergency services levy. The Committee and other legal groups such as the concept proposed in this Bill is to alter the Australian Plaintiff Lawyers Association who component in respect of the ambulance levy have assisted the Motor Accident Insurance to generally cover emergency services. By Commission in identifying any possible broadly referring to emergency services, it problems in the operation of the legislation allows the Treasurer greater flexibility in the and the scheme generally. allocation of the levy funds to the various Finally, Queensland is now one of the few public emergency services, reflecting their jurisdictions that affords motor vehicle accident involvement with motor vehicle accidents. victims unfettered access to common law and Another area for comment is the extension of at a reasonable cost to the motor vehicle the offence of driving an uninsured motor owner. I believe we have the best compulsory vehicle on a road. The Bill takes into account third-party common law system in Australia. I the public place situation now covered by the commend the Bill to the House. Nominal Defendant and also brings in the added offence of permitting the driving of an Debate, on motion of Mrs Sheldon, uninsured motor vehicle. adjourned. 2 November 1995 892 Legislative Assembly

REVENUE LAWS AMENDMENT BILL property is valued above $80,000 up to and (No. 2) including $160,000. The Bill will provide Hon. K. E. De LACY (Cairns— additional assistance to first home buyers by Treasurer) (11.41 a.m.), by leave, without increasing the current rebate by $100. notice: I move— For example, the normal amount of duty "That leave be granted to bring in a applicable on the purchase of a $150,000 Bill for an Act to amend the Stamp Act home would be $3,975. If the home is to be 1894 and the Pay-roll Tax Act 1971." the purchaser's principal place of residence, the duty would be $1,500, and for first home Motion agreed to. buyers it would be $1,100. Under this Bill, where the residence is purchased by a first home buyer, the amount of stamp duty First Reading payable will be reduced from $1,100 to $1000. Bill and Explanatory Notes presented and I should point out that the amount of stamp Bill, on motion of Mr De Lacy, read a first time. duty payable by a first home buyer on such a property in New South Wales would be $2,618 while in Victoria the amount of duty payable Second Reading would be $5,200. Hon. K. E. De LACY (Cairns— Where a person claims the principal place Treasurer) (11.42 a.m.): I move— of residence concession but fails to notify the "That the Bill be now read a second Commissioner of Stamp Duties that he/she did time." not meet the qualifying criteria, the Stamp Act currently provides for a maximum The major purpose of this Bill is to ensure administrative penalty equal to the whole of that there is a statutory basis for a number of the duty reassessed without allowance for any new stamp duty and payroll tax concessions. duty paid. This Bill reduces the maximum Certain other amendments are proposed to administrative penalty for such failure to notify clarify those circumstances where mortgage the commissioner by taking into account the duty is payable, and to close off existing duty paid and limiting the penalty to the avenues for the avoidance of stamp duty on amount of the concession given. This Bill will leases and transfers of business licences. not benefit a person who makes a false The Bill will amend the Pay-roll Tax Act to application for the concession. The exclude from liability for payroll tax those commissioner will prosecute, rather than wages paid or payable in Queensland for impose this administrative penalty, in those services performed or rendered overseas for cases. six months or more. The Pay-roll Tax Act The Stamp Act will also be amended to currently taxes wages paid in Queensland in assist Queensland based heavy vehicle respect of services performed overseas. Such operators. Queensland, in conjunction with wages do not currently form a significant part other State and Territory jurisdictions, with the of the Queensland payroll tax base and are exception of Western Australia, is not taxed in Victoria, New South Wales and implementing the national uniform charges for South Australia. Their exclusion from liability to heavy commercial vehicles from or soon after payroll tax should promote the international 1 July 1995. Consequently, heavy commercial competitiveness of Queensland companies. vehicles registered under the existing Federal The tremendous community work of the Interstate Registration Scheme will be required Queensland Country Women's Association is to convert back to State registration. The widely recognised. However, the association Queensland Department of Transport has currently does not qualify for exemption from implemented the new scheme from 1 July payroll tax under the Pay-roll Tax Act. This Bill 1995. will exclude wages currently paid by the Currently, under the Stamp Act an Queensland Country Women's Association application for registration of a motor vehicle is from liability to payroll tax. All future wages not liable to stamp duty where the vehicle was paid by the association for non-commercial previously registered in the same name and purposes will also be exempt from payroll tax. stamp duty was paid by that person in The Stamp Act is to be amended to Queensland or another State or Territory on provide additional stamp duty relief to first the prior registration of the vehicle. In the case home buyers. First home buyers currently do of heavy commercial motor vehicles registered not pay stamp duty on properties valued at under FIRS, stamp duty has not been paid at $80,000 or less. A rebate is allowed where the the time of registration and, therefore, the Legislative Assembly 893 2 November 1995 subsequent registration of those vehicles in simplified Notification of Change of Ownership Queensland would be liable to stamp duty. Form, called the combined form. This form is An exemption from stamp duty will be used to notify a change in land ownership for provided in respect of heavy commercial stamp duty, land tax, valuation and rating vehicles—those over 4.5 tonnes gross purposes. This new form will now accompany mass—registered under the Federal Interstate the Land Registry Transfer Form 1 and truth Registration Scheme, FIRS, that are and correctness of the details contained within converting to the State scheme. Further, in the form will be declared on the transfer. This relation to stamp duty on an application for declaration is not a declaration under the registration of any new vehicle, the stamp duty Oaths Act, and solicitors may simply sign for will be calculated on the list price less the sales either of the transferor or transferee. However, tax component where the applicant is exempt to provide for this new streamlined process, from payment of sales tax. The Stamp Act this Bill will delete the requirement under the currently defines the list price of a new vehicle Stamp Act for the declaration to be in the form as the price fixed by the manufacturer, of a declaration under the Oaths Act. importer or principal distributor as the retail Two other amendments to the Stamp Act selling price at Brisbane. The result is that are included in the Bill. The first is to tax, as stamp duty is calculated on a price inclusive of leases, licences of premises in certain Commonwealth sales tax. It is proposed to circumstances. A lease is distinguishable from exclude sales tax from that price for applicants a licence because a lease conveys the right to with a sales tax exemption. exclusive possession. The amendment will This proposal will provide an expansion of ensure that lease duty cannot be avoided on the stamp duty benefits available to primary arrangements which are in substance a lease producers and also benefit the bus and coach by, for example, providing that the occupier industry, which currently enjoys exemption does not have a right of exclusive possession from sales tax as part of the Commonwealth's between the hours of 11.30 p.m. and program to encourage use of public transport. midnight. Arrangements involving annual rent This proposal is confined to new vehicles of $10,000 or less will be exempt, as will simply because sales tax is not payable on arrangements for less than one month's used vehicles. duration or for occasional use. This will ensure that genuine licences for hire of premises, The Stamp Act requires amendment in attendance at ticketed events and occupancy relation to marketable securities because it of corporate boxes will not be inadvertently does not effectively address transfers of caught. marketable securities following the exercise of an option. This amendment was prompted by The second amendment deals with the commencement of trade in Low Exercise transfers of statutory licences. Where a Price Options, LEPOS, a new product offered statutory licence is transferred, either by itself by the Australian Stock Exchange from 7 April or as part of a business, stamp duty applies to 1995. They are a form of call option pursuant the transaction. Some examples of statutory to which, for a premium equivalent to the price licences include radio and television licences, of the security, the taker acquires the right, but liquor licences, taxi licences and nursing home not the obligation, to buy a number of licences. It has come to our attention that specified securities at the fixed exercise price. persons may be avoiding duty on transfers of For example, a typical option would be an $18 statutory business licences by arranging for premium with a 1 cent exercise price. The the licence to be relinquished and reissued to proposal contained in the Bill will ensure that, the acquirer instead of being transferred. It is where marketable securities are acquired proposed to overcome such avoidance and pursuant to the exercise of such options provide clear instructions for the traded on the ASX, the duty payable is apportionment of duty to Queensland where consistent with normal share transactions, and Commonwealth licences are involved. Western can be remitted by brokers in the same way as Australia recently amended its Stamp Act to duty on other on-market trades. Other States address such avoidance techniques. Northern have amended or intend to amend their Territory legislation prevents such avoidance legislation to give legislative effect to an and it is understood that other States intend to administrative arrangement implemented with address this issue as part of a rewrite of their the support of the ASX under which brokers Stamp Acts. are already paying the duty. I commend the Bill to the House. The Stamp Act also requires amendment Debate, on motion of Mrs Sheldon, to facilitate the introduction of a revised and adjourned. 2 November 1995 894 Legislative Assembly

LOTTERIES AMENDMENT BILL As a result of those reflections, the Bill Hon. K. E. De LACY (Cairns— seeks to strengthen the commercial links Treasurer) (11.52 a.m.), by leave, without between the corporation and its agents by notice: I move— removing the statutory licensing scheme which had been included in the Act. I should clarify "That leave be granted to bring in a that the Golden Casket Lottery Corporation is Bill for an Act to amend the Lotteries Act the term used by the Lotteries Act for the 1994." Golden Casket Art Union Office. The Motion agreed to. corporation currently uses a large network of agents—in excess of 1,200 people—to provide shopfront sales for its products. The First Reading corporation appoints those agents via agency Bill and Explanatory Notes presented and agreements or contracts. It does not license Bill, on motion of Mr De Lacy, read a first time. those agents to conduct lotteries, it simply enters into an agreement with them to represent the corporation in selling Instant Second Reading Scratch-Its and other lotteries to the public. Hon. K. E. De LACY (Cairns— In appointing an agent, the corporation Treasurer) (11.52 a.m.): I move— makes a commercial decision that it is more "That the Bill be now read a second likely to increase its sales through the agent time." than through establishing its own retail points. The purpose of this Bill is to assist in In other words, the corporation is simply in a deregulating the relationship between the position similar to that of any other retail Golden Casket Art Union Office and its agents. operation. The corporation needs to examine The Bill also clarifies certain issues and will a range of issues in determining the location thereby assist in the ease of administering the of agents within its network. Such matters Lotteries Act. To set the scene for the Bill, I will include, for example, the proposed location of remind my colleagues that the office conducts the outlet, the pedestrian traffic past the outlet the games of Oz Lotto, Gold Lotto, Super 66, and the financial standing of the applicant. the Pools, the Casket and Instant Scratch-Its. The Lotteries Act presently implies that In conducting those games, the office has the Lotteries Board should concentrate on generated a substantial revenue stream, advisory matters. However, the valuable work thereby enabling the Government to continue achieved by the interim board has led me to to meet its social obligations in a whole range assess the need for the board to expand its of areas. In fact, the office achieved sales of role. I have also examined the need to $607m in the last financial year, from which it reaffirm the commercial nature of the activities was able to generate returns to the undertaken by the corporation. Having Government of $194.7m. I leave it to therefore considered the current and future honourable members to determine how many directions of the corporation, I am pleased to more policemen, nurses and teachers those be able to expand the functions of the board returns were able to provide to the people of in this Bill, so that it may guide the continuing Queensland. growth and prosperity of the corporation. The office has produced such results The Act also currently requires the whilst juggling its operations under three corporation to establish a regulation in order to pieces of legislation, three regulations and five set fees for new games or to alter existing sets of rules. It took a Labor Government to game fees. The Bill, however, continues to recognise the need to package all those reinforce the raison d'etre of the corporation by complex pieces of law into the one legislative amending the Act so that the corporation is package: the lotteries legislation. In the period not curbed by unnecessary red tape in setting during which the Act was drafted, a number of the fees for its games. The legislation under important policy matters of the Government which the office currently operates is silent on were being crystallised. Those matters a number of issues associated with the included the implementation of corporatisation conduct of games and the returns to players. and commercialisation, the release of the However, this Bill ensures that the new Financial Management Strategy and the Lotteries Act will firmly establish the principal agreement to take part in the National elements of the games by clarifying such well- Competition Policy initiatives. The momentum known concepts as jackpots and nationally created by such reforms led to a pooled games, such as Oz Lotto, which are comprehensive review of the Lotteries Act. held in conjunction with other States. Legislative Assembly 895 2 November 1995

Finally, the Bill continues the streamlining grain, dairy, fishing, and livestock and meat and clarification of the legislation which was so industries. ably commenced by the passage of the The Bill amends the City of Brisbane Lotteries Act. I commend the Bill to the House. Market Act 1960 to provide the Brisbane Debate, on motion of Mrs Sheldon, Market Authority with all the powers of a adjourned. natural person. The new authority will have a greater degree of autonomy over the operation and management of the market HORTICULTURE LEGISLATION than the trust currently does. For example, the AMENDMENT BILL authority will be able to decide what other Hon. R. J. GIBBS (Bundamba— trade and commerce, apart from fruit and Minister for Primary Industries and Minister for vegetable businesses, can be conducted in Racing) (11.57 a.m.), by leave, without notice: the market; it will be able to lease market I move— space to these businesses; and it will be able to determine the market's trading hours and "That leave be granted to bring in a access arrangements for wholesale buyers Bill for an Act to amend the City of and lessees. The authority will also be able to Brisbane Market Act 1960 and the Farm make by-laws subject to the approval of the Produce Marketing Act 1964." Governor in Council. These by-laws will be Motion agreed to. subordinate legislation. The Bill provides an avenue for the merits- First Reading based review of the administrative decisions of the authority, thereby augmenting the judicial Bill and Explanatory Notes presented and review mechanism provided by the Judicial Bill, on motion of Mr Gibbs, read a first time. Review Act 1991. The Bill also provides a limited ministerial power of direction in cases when it is necessary in the public interest that Second Reading a public sector policy apply to the authority Hon. R. J. GIBBS (Bundamba— and when it is necessary to issue a direction to Minister for Primary Industries and Minister for the authority in the public interest because of Racing) (11.58 a.m.): I move— exceptional circumstances. Any such direction "That the Bill be now read a second will need to be published in the authority's time." annual report along with the details of the financial impact of complying with the As part of the Government's program of direction. legislative reform and review, a detailed review of the State's horticulture legislation was The seven-member board of the Brisbane undertaken in consultation with industry. This Market Authority will comprise a chairperson Bill, the Horticulture Legislation Amendment with a successful record in business Bill, addresses the more urgent management and six other members. Three recommendations from the review. of these members will possess an expertise relating to the fruit and vegetable industry; that Under the Brisbane Market Trust, the is, one member will have a knowledge of and Brisbane wholesale fruit and vegetable market experience in fruit and vegetable growing, at Rocklea experienced a record of continued another's knowledge and experience will relate steady growth over many years in terms of to fruit and vegetable wholesaling, and the volume as well as infrastructure development. third member will have a knowledge of and All relevant parties, however, now agree that experience in fruit and vegetable buying. The the time has come to modernise the legislative remaining three members will be persons who environment, which has remained essentially are not directly employed in the fruit and intact for over 30 years. Accordingly, the Bill vegetable industry and who have a knowledge provides for the establishment of an of and experience in marketing, finance, expertise-based Brisbane Market Authority, to economics, infrastructure development and replace the Brisbane Market Trust, and a maintenance, public administration or Queensland Horticulture Industry Council to be industrial relations. The six members of the a major forum for policy interaction between authority, other than the chairperson who will the Government and industry. The proposed be a ministerial nomination, will be nominated combination of an expertise-based by a selection committee. In turn, the administrative authority with a widely based members of the selection committee, industry policy development council is already excluding the chairperson, will be appointed in place and working effectively in the sugar, following consultation with the policy council. 2 November 1995 896 Legislative Assembly

The Bill will also provide that standard Communities and Minister for Provision of common law conflict of interests requirements Infrastructure for Aboriginal and Torres Strait will apply to members of the authority by Islander Communities) (12.04 p.m.): I move— removing the current statutory exemption from "That the Bill be now read a second such requirements. time." The Bill amends the Farm Produce The Government has a strong Marketing Act 1964 to establish the commitment to encouraging sound integrated Queensland Horticulture Industry Policy planning of areas experiencing rapid urban Council, which will be chaired by the Minister or growth. It is not acceptable to have housing the Minister's nominee. An interim policy development on the fringe of an urban area council has already been formed and was without basic services in place. effective in progressing the legislative review to the present stage. The policy council, as Developers in Queensland have established by the Bill, will have an important responded positively to the planning role in policy development and advising the challenges of the nineties. They are Government and the authority on increasingly bringing forward comprehensive industry-wide issues. It will also provide advice planning documents and plans where the in relation to such matters as the authority's programming of the infrastructure is geared to strategic plan. the urbanisation of land. That is to say, the delivery of the social and community facilities Other than creating and empowering the is synchronised so they are delivered as the policy council, the other amendments site is progressively developed. The social and proposed by this Bill to the Farm Produce economic disadvantage suffered by people Marketing Act 1964 are in the nature of when there is a lag in the provision of such statute revision; for example, converting services is avoided. The Government supports monetary penalties to penalty units and and encourages this responsible approach to updating provisions in line with current planning. legislative drafting practice. I commend the Bill I seek leave to have incorporated in to the House. Hansard the remainder of the speech, which Debate, on motion of Mr FitzGerald, outlines the proposal. adjourned. Leave granted. The difficulty is the current Local Government LOCAL GOVERNMENT (PLANNING (Planning and Environment) Act does not AND ENVIRONMENT) AMENDMENT provide a legal basis to achieve the benefits of BILL long-term integrated planning. Hon. T. M. MACKENROTH It provides no certainty or security for (Chatsworth—Minister for Housing, Local developers and financiers for these sort of Government and Planning, Minister for Rural projects which often have a life span of up to Communities and Minister for Provision of 30 years. Infrastructure for Aboriginal and Torres Strait Similarly the Local Government (Planning and Islander Communities) (12.03 p.m.), by leave, Environment) Act currently does not allow without notice: I move— councils to enter into agreements with developers to provide the regional scale "That leave be granted to bring in a infrastructure and social facilities necessary to Bill for an Act to amend the Local support the population who will eventually live Government (Planning and Environment) in these communities. Act 1990." At present they are confronted by an outdated Motion agreed to. statute which inhibits rather than promotes good planning. In the past, the Government, when confronted First Reading with one of these integrated masterplans, has had no option but to pass project specific Bill and Explanatory Notes presented and legislation. Bill, on motion of Mr Mackenroth, read a first time. It is ironic that the Parliament should be called on to pass such special legislation to make lawful a better quality development than is Second Reading permitted under the existing Local Government (Planning and Environment) Act. Hon. T. M. MACKENROTH The Sanctuary Cove and Robina Town Centre (Chatsworth—Minister for Housing, Local Acts are examples of legislation the Parliament Government and Planning, Minister for Rural has enacted to deal with such circumstances. Legislative Assembly 897 2 November 1995

This is of course a nonsense. However, these agreements have had to The State's planning legislation should be operate outside of the framework of the State's fostering best practice for all development mainstream planning legislation because of regardless of the scale or location. provisions contained in the Local Government (Planning and Environment) Act restricting the Developers are not encouraged to aspire to range and scale of infrastructure that can be best practice when the legislation prevents or secured at the time of a rezoning. inhibits their ability to respond to consumer Special legislation has therefore been required expectations or market trends. to tie these agreements back to the This is why the Government is preparing new implementation of the masterplan. planning legislation. Each time there is a need to alter some aspects In the meantime, I am aware there are a number of these agreements due to a change in market of significant urban developments in the conditions, housing take-up rates or new pipeline where councils and developers are in information and the particular piece of the process of agreeing to arrangements for the legislation has to be amended. provision of infrastructure and services. This Bill allows such agreements to sit within To produce special legislation to validate each the framework of the existing Local separate agreement is wasteful of developers', Government (Planning and Environment) Act local Government's and Parliament's time. overcoming the disadvantages of the 'special legislation' approach I have just outlined. It interferes with the smooth planning of these projects and adds to the costs of undertaking It also provides project proponents the these developments. opportunity to operate within a consistent framework by providing much needed certainty These costs of course end up being passed on as to what these agreements should contain to the home buyer. and how they are to operate within the There are four themes which consistently mainstream planning system. emerge as concerns when these major projects Mr Speaker I need to make it clear, this Bill is are being contemplated. targeted only at the large scale broad hectare urban developments. They are firstly, the Local Government (Planning and Environment) Act does not It is not intended to affect development recognise the scale of infrastructure needed to applications for rezonings which make up the underpin such massive undertakings and the majority of urban development proposals financial commitments they imply. across the State. Secondly, because these projects require a Items for which infrastructure contributions can large investment in infrastructure at the front be required by local governments will remain end and have such a long life span, financiers unchanged and the tests of reasonableness and want to be sure their investments are secure for relevance will still apply to development the time of their exposure. applications for rezonings, consents and subdivisions or for development approvals, Thirdly, local governments want to be satisfied consents or permissions required by a planning that there is a means to ensure performance of scheme, as required by the Local Government the commitments entered into to deliver (Planning and Environment) Act. infrastructure in a timely and co-ordinated manner. The Bill provides that agreements about infrastructure as defined in the Bill can only be And finally, people who may subsequently wish negotiated for land in a development control to purchase an interest in part or all of the plan, such a plan being specifically prepared development need to be made aware of what and approved for the larger urban obligations, if any, attach to the land as a result master-planned developments. of any agreements entered into by preceding owners to provide certain infrastructure. This provides a clear threshold and leaves development applications for rezonings, The Bill addresses these concerns. consents, subdivisions and those required by a It recognises existing laws in the State of planning scheme, unaffected by this Bill. Queensland provide the State Government, The development control plan will be the local government and Government owned planning instrument and will include corporations with appropriate powers to enter development criteria to guide the quality of into agreements to provide infrastructure to development. service new urban communities. The infrastructure agreement will be the By infrastructure, I mean services such as water services provision instrument for the and sewerage reticulation systems, parks, open development control plan. space systems, road networks, rail, power, The infrastructure agreement will not be a 'de telephone, libraries, schools, recreational facto' planning instrument, it will, in simple facilities, hospitals, ambulance, police fire and terms, provide for who pays for what, when and rescue services. how. 2 November 1995 898 Legislative Assembly

Financiers and developers who undertake such It ties such provision to 'out of sequence' projects obtain the security and certainty they development, a concept that will provide even are seeking because the Bill ties such greater certainty for the development industry agreements to development entitlements as to when such infrastructure obligations might contained in the development control plan. apply. Any changes to the development control plan Even then developers will only be required to would trigger a re-negotiation process between meet the bring-forward costs to facilitate the the parties to the agreement regarding the development proposal ahead of schedule. implications for the infrastructure agreement, This Bill therefore is consistent with the with provisions for financial or other remedies if Government's longer term reforms of the State's such changes are made without the consent of planning and development system and its the person carrying the obligations. commitment to progressively improve the The Bill provides local government and State investment climate in Queensland by providing Government with the means of ensuring greater certainty and security for business. performance of obligations under the I am pleased to report to the House this Bill has infrastructure agreement because these will the support of the Local Government attach to the land and bind successors in title. I Association of Queensland and that the Urban would point out that this is exactly the same Development Institute of Qld have had the draft arrangement that applies to development Bill referred to them for comment. applications for rezonings, consents and subdivisions. I commend the Bill to the House. The Bill provides for the sealing of plans for registration to be withheld until the relevant Debate, on motion of Mr FitzGerald, obligations which apply at the time, are fulfilled. adjourned. Therefore, the Bill will not require any new administrative machinery for its implementation, and the procedures will be familiar to those in STATUTE LAW REVISION BILL (No. 2) local government, the development industry Hon. T. M. MACKENROTH and the community. (Chatsworth—Minister for Housing, Local Prospective buyers are protected because the Government and Planning, Minister for Rural existence of the infrastructure agreement and Communities and Minister for Provision of details of its contents will be included in the Infrastructure for Aboriginal and Torres Strait information provided in a town planning certificate. Islander Communities) (12.05 p.m.), by leave, without notice: I move— Hence the existence of an infrastructure agreement will be made available in checks "That leave be granted to bring in a routinely undertaken as part of a conveyancing Bill for an Act to amend or repeal certain transaction. Acts for the purpose of statute law Furthermore, a copy of the infrastructure revision." agreement must be available for inspection at Motion agreed to. the council's office. Once again these particular provisions do not require any new administrative mechanisms for First Reading their implementation. Bill and Explanatory Notes presented and Councils are currently required under the Bill, on motion of Mr Mackenroth, read a first existing Local Government (Planning and time. Environment) Act to make available for inspection, copies of its planning scheme, local planning policies, planning studies associated Second Reading with the planning scheme and State planning Hon. T. M. MACKENROTH policies. (Chatsworth—Minister for Housing, Local These public inspection services are familiar to Government and Planning, Minister for Rural all in local government, the development Communities and Minister for Provision of industry and the community. Infrastructure for Aboriginal and Torres Strait This Bill is intended to operate in the interim Islander Communities) (12.06 p.m.): I move— until the new planning, development and assessment Bill is considered by the Parliament "That the Bill be now read a second next year. time." That Bill will further clarify and tighten the I introduce the Statute Law Revision Bill criteria and circumstances around which (No. 2) 1995. This Bill continues the task of provision for the scale of infrastructure improving the quality of the statute law of anticipated by this Bill can be negotiated. Queensland. The purpose of the Bill is to Legislative Assembly 899 2 November 1995 improve the quality of the statute law of Finally, the Bill includes a range of minor Queensland by amending or repealing Acts for amendments made for statute revision purposes the purpose of statute law revision. All only. The amendments are included in amendments are required to be concise, of a Schedules 1 and 2. minor nature and non-controversial. Most The Bill's format is similar to that used in recent statute law revisions are initiated by the Office "omnibus" Bills. It contains 7 clauses and 10 of the Queensland Parliamentary Counsel as schedules. Each schedule serves a particular purpose. For example, Schedule 1 deals with part of its statutory obligation to ensure that minor amendments for statute law revision. the Queensland statute book is of the highest standard. The Explanatory Notes for each amended Act are placed at the end of its amendments. Each As the remainder of my speech is the amendment to an Act is numbered and the note same as the previous second-reading speech explaining the nature of the amendment can be I made about this matter, I seek leave to have identified readily by reference to the number. it incorporated in Hansard. The notes are not part of the Bill. I commend the Bill to the House. Leave granted. Debate, on motion of Mr FitzGerald, All amendments take effect from the date of adjourned. assent unless the contrary is expressly provided. In some cases amendments are declared to STATUTE LAW (MINOR operate retrospectively. In each case the AMENDMENTS) BILL (No. 2) amendments correct minor errors or are Hon. T. M. MACKENROTH technical or mechanical adjustments. (Chatsworth—Minister for Housing, Local The Bill continues the process of improving the Government and Planning, Minister for Rural Queensland statute book by statute revision in Communities and Minister for Provision of 5 principal ways. Infrastructure for Aboriginal and Torres Strait First, the Bill continues the rationalisation of the Islander Communities) (12.07 p.m.), by leave, types of statutory instruments used in Acts, and without notice: I move— also regulation-making powers. Amendments "That leave be granted to bring in a about these matters appear in Schedule 1. Bill for an Act to make minor amendments Second, the Bill includes amendments to of certain Acts." reduce the fragmentation that exists in Queensland legislation. Fragmentation reduces Motion agreed to. access to the law by making it difficult to reprint, keep up to date, and find. The Bill First Reading addresses this problem by the repeal of amending Acts that have commenced and by Bill and Explanatory Notes presented and the relocation of substantive provisions to a Bill, on motion of Mr Mackenroth, read a first smaller number of Acts. These steps will time. significantly reduce the number of Queensland Acts. Second Reading Third, the Bill includes a number of amendments to facilitate the reprinting of particular Acts and Hon. T. M. MACKENROTH enable the reprinting of subordinate legislation. (Chatsworth—Minister for Housing, Local The Office of the Queensland Parliamentary Government and Planning, Minister for Rural Counsel is endeavouring to have all current Communities and Minister for Provision of Acts reprinted by early next year and all Infrastructure for Aboriginal and Torres Strait subordinate legislation reprinted by mid-1996. Islander Communities) (12.08 p.m.): I move— These amendments are included in Schedules 1 and 2. "That the Bill be now read a second time." Fourth, forms are removed from legislation by amendments included in Schedule 1. I introduce the Statute Law (Minor Amendments) Bill (No. 2) 1995. In my speech Fifth, the process of identifying and repealing spent and obsolete Acts is substantially on the introduction of the first Statute Law completed in this Bill. Many of the Acts to be (Minor Amendments) Bill in September, I repealed have long been redundant but have outlined the purpose of statute law Bills and never been repealed. Repeal of the Acts the Government's decision to divide future mentioned in Schedules 3 to 8 will improve the Statute Law (Miscellaneous Amendment) Bills Queensland statute book by removing into two Bills. This Bill continues the task of 'deadwood'. Schedules 9 and 10 contain maintaining and improving the state of the transitional provisions for repealed Acts. Queensland statute book. 2 November 1995 900 Legislative Assembly

As this speech is the same as the EDUCATION (WORK EXPERIENCE) previous second-reading speech that I made, I BILL seek leave to have it incorporated in Hansard. Hon. D. J. HAMILL (Ipswich—Minister Leave granted. for Education) (12.09 p.m.), by leave, without notice: I move— The Government has consistently maintained the position that amendments may be included "That leave be granted to bring in a in statute law Bills only if they are Bill for an Act regulating work experience given to students as part of their ¥ concise, and education." ¥ of a minor nature, and Motion agreed to. ¥ non-controversial. These standards are maintained in the statute First Reading law Bills I am introducing today. Bill and Explanatory Notes presented and Because of their size and the range of their Bill, on motion of Mr Hamill, read a first time. amendments, statute law Bills may present some potential difficulties. One of these is to ensure that adequate Second Reading information is available to honourable members Hon. D. J. HAMILL (Ipswich—Minister to scrutinise the amendments they make. for Education) (12.10 p.m.): I move— To assist honourable members, in statute law "That the Bill be now read a second Bills, different types of amendments and time." repeals have always been divided among different schedules. Statute law Bills have also The proposed legislation will replace the included detailed Explanatory Notes in the Bill Education (Student Work Experience) Act itself. Statute law Bills are unique in this regard. 1978. Work experience is a program that These practices have been continued in the provides students in educational statute law Bills I am introducing today. establishments with the opportunity to gain In addition, I should mention that the knowledge of the world of work, both unpaid Government has always made the Parliamentary and paid, and to explore possible future life Counsel available to answer any queries that roles. Students are able to focus on issues of honourable members may have on statute law self and others and develop an understanding Bills. This opportunity is, of course, open with of workplace culture. today's Bills. A work experience placement can This Bill is the second Statute Law (Minor enhance the study of subjects and courses. It Amendments) Bill to be introduced into this must be acknowledged that some students Parliament. The purpose of the Bill is the same lack motivation to learn, that they lack a sense as for the first minor amendments Bill—to of challenge about the curriculum as they improve the quality of the statute law of experience it and that they need support to Queensland by making amendments that otherwise would not justify separate legislation, explore and experience what it means to have but the cumulative effect of which may have a vocation in life. Increased confidence and substantial impact. motivation are key outcomes of a work experience placement. Work experience All amendments take effect from the date of models include— assent unless the contrary is expressly provided. research work experience used to focus on issues in the workplace, require As in the first Bill of this type, this Bill contains students to decide upon a topic of inquiry 5 clauses and a single schedule of amendments. and assume the role of researchers in the The more significant of the amendments are workplace; briefly outlined in the Explanatory Note. More detailed Explanatory Notes for the amendments work shadowing to provide students with are placed at the end of the amendments for the opportunity to learn actively about the each amended Act. Each amendment is role people perform in the workplace; numbered and can be identified readily by work sampling to give students the reference to the number. The notes are not part opportunity to test personal vocational of the Bill. preferences; and I commend the Bill to the House. negotiated work experience requiring Debate, on motion of Mr FitzGerald, students to negotiate with teachers and adjourned. work experience providers in defining a Legislative Assembly 901 2 November 1995

set task or project that can be completed general and vocational education. I commend at the workplace. the Bill to the House. Work experience placements differ from Debate, on motion of Mr Quinn, industry placements. The Vocational adjourned. Education and Training (Industry Placement) Act 1992 provides for industry placement of students in vocational education and training TRANSPORT PLANNING AND programs. These programs have been COORDINATION AMENDMENT BILL designed primarily to equip students with the Hon. J. P. ELDER (Capalaba—Minister skills relating to a particular vocational training for Transport and Minister Assisting the course and the workplace component is Premier on Economic and Trade assessed as the on-the-job component. Development) (12.17 p.m.), by leave, without Currently, work experience is regulated by the notice: I move— Education (Student Work Experience) Act "That leave be granted to bring in a 1978. A review of that Act was undertaken by Bill for an Act to amend the Transport the Department of Education as part of the Planning and Coordination Act 1994, and Government's systematic review of business for related purposes." legislation program, with wide consultation being undertaken with all relevant constituents Motion agreed to. including Government departments, State and non-State schools, private providers, regional First Reading schooling advisers, universities, colleges, advisory bodies, professional associations, Bill and Explanatory Notes presented and accreditation authorities, industry, and trade Bill, on motion of Mr Elder, read a first time. unions. This Bill will update the regulation of work Second Reading experience in the workplace in terms of current Hon. J. P. ELDER (Capalaba—Minister legislation and, unlike the 1978 Act, capture for Transport and Minister Assisting the universities and private training establishments Premier on Economic and Trade in the definition of "educational Development) (12.18 p.m.): I move— establishment". The Bill also addresses a "That the Bill be now read a second number of operational difficulties associated time." with the 1978 Act. It will: ensure a work experience arrangement exists before work The Bill before the House represents an experience begins; recognise that a number of important step in improving the livability of students below the age of 18 are not in the south-east Queensland. It is a Bill to permit care and control of their parents and hence it the establishment of the South East will not be a requirement for those students to Queensland Transit Authority—SEQTA—an obtain parental consent to partake in work important plank in the Government's experience; recognise students with a disability commitment to action on public transport in may require a longer period of time on work south-east Queensland. This Government experience than other participants; require the initiative is part of a new approach to dealing principal to approve the suitability of a work with transport planning, service and experience provider; and recognise students infrastructure in south-east Queensland. The may desire to have a work experience south east of this State is facing placement during vacation periods. unprecedented population growth and this Government recognises that a new approach The Bill provides appropriate protection for to dealing with transport is necessary if we are students and persons providing the work to maintain the sustainability and livability of experience. It outlines the responsibilities for the region. entering contracts for workers' compensation insurance and insurance to protect against To understand why a changed approach liability for personal injury or property damage. is necessary, it is important to consider how The maximum amount payable for a single the community's views and understanding of liability claim has been increased to the more transport and its impact have changed over appropriate figure of $5m. time. It has only been over the last 10 years or so that the sustainability of the environment By continuing to provide opportunities for has become a widespread community work experience placements, Queensland concern. When we discuss the environment, it offers a continuum of flexible workplace-based is now clearly understood that we mean "our education that supports the convergence of environment", not something apart. So it 2 November 1995 902 Legislative Assembly follows that the impact of transport decisions the reliance on private motor vehicles stems and operations impact on the community of from our fear of the future if we do nothing the region. The SEQ 2001 regional planning now. The population in south-east exercise clearly highlighted the need for and Queensland is expected to increase by almost benefits of increased coordination, particularly 60 per cent or one million people by the year for transport and land use planning. The 2011. This population increase is estimated to complex relationship between planning for lead to an increase in transport trips of more transport and land use will be a prime focus of than 80 per cent, which means that the total SEQTA. SEQTA must and will work in close distance travelled by all motor vehicles in the cooperation with the Department of Housing, region could more than double. This would Local Government and Planning and local mean that the time taken for trips will double governments to ensure the planning for and the average speed would be cut from 46 transport sustains and supports land use kilometres per hour to just 26 kilometres per decision making, while seeking to ensure land hour. For the travellers and the industry of the use planning makes the most of the existing region, this would be a harsh burden. This transport system and promotes public would mean a reduction in industry transport usage. competitiveness and restriction on the daily Transport is not an objective in itself, it lives of all in the community. Increasing public supports other outcomes for the community. transport usage will not stop all the transport The establishment of SEQTA is a step in impacts of population growth, but it will provide ensuring transport plays this role of being: a more friendly and sustainable alternative supportive of land use; supportive of people way to travel. and their communities; and supportive of Land use will be a key factor in deciding industry. But the transport which must be the transport role. Land use planning has the provided and operated must also be capacity to create more efficient urban forms sustainable for people, communities, industry which are less car dependant. Given that and the environment. motor vehicle emissions are responsible for 45 per cent of all air pollution and 34 per cent of The Government's commitment to the contributions to greenhouse gases, establishment of SEQTA was announced as unchecked growth in private motor vehicle part of this new approach to transport in our usage is likely to result in extremely serious air electoral statement "A 25-year Vision for quality problems, increased noise levels and Better Public Transport". This policy statement increasing dislocation of our urban lifestyle. outlined our 25-year public transport plan for south-east Queensland. It detailed the To address this need we believe we must establishment of SEQTA and also noted the have a balanced focus on planning, as well as detailed public transport program, one of the delivery. We believe it is better to have a most comprehensive public transport small, focussed group looking at the need for packages yet seen in Australia. The changed approaches to transport, and that commitment of $100m over five years to a group is SEQTA. This balanced approach is busway network, together with rail also reflected in the three guiding principles for enhancements to the Sunshine Coast and the work and operation of SEQTA: attaining Gold Coast and planning for new public ecological sustainability; advancing social transport corridors throughout the region show justice; and facilitating economic development. the Government has recognised the need and We are here to review the Bill to establish is committed to action in public transport. SEQTA against a background of ongoing reform of passenger transport. The establishment of SEQTA represents the State Government's response to a number Honourable members will recall that a of transport challenges currently facing south- year ago we passed the Transport Operations east Queensland, including: managing the (Passenger Transport) Act 1994 with bipartisan challenge of rapid population growth; the need support. Since then, service contracts for for better integration of land use and transport urban bus services have been introduced in a planning; environmental constraints; and the number of urban areas including Cairns, need to restructure historical funding Townsville, Logan City, the Sunshine Coast arrangements to allow greater scope to and the Gold Coast. People in these allocate transport funds to those projects communities can look forward to improved which meet the greatest transport needs of levels of service as the operators introduce the community. new vehicles now being manufactured over the term of the contract. The ongoing changes The reason for our concern to ensure the to bus services, together with the significant increased public transport patronage reduces investments in rail services and infrastructure, Legislative Assembly 903 2 November 1995 have been a major focus of this Government. approach is necessary to maintain the livability We are now providing a renewed emphasis of the region. with the establishment of SEQTA. Passenger Another limitation of the times was a transport reform, renewed commitment to rail limited understanding of the relationship and the establishment of SEQTA are three between planning for transport and land use. vital initiatives of this Government, and a clear The words "land use planning" were not strategy for how we will face the future. discussed much in 1976, nor was it I seek leave to have the remainder of my commonplace to hear of "integrated transport speech incorporated in Hansard. and land use planning". The need to have Mr SPEAKER: Order! Is leave granted? such an approach today is unquestioned. It is reflected in the Bill and is consistent with the Mr FitzGerald: No. SEQ 2001 projects and its subsequent work. Mr SPEAKER: Leave is not granted. Although some have sought to compare Mr ELDER: If Opposition members wish SEQTA with the MTA, the vast majority of me to read it, I am in a position to do so. comments made by the public support the Government's approach and have given me a Mr FitzGerald: It's terribly hard stuff to very optimistic outlook for the future of SEQTA read. and the level of public support it will receive. Mr ELDER: It is not a problem with my SEQTA will be a separate powerful copy. I was prepared to have my speech authority that controls the State Government's incorporated for the benefit of Opposition budget for road and public transport in members. I thought I might save them time south-east Queensland. It is being established and effort by giving them a little late-night to increase public transport usage in reading, but if they wish to take that particular south-east Queensland and to ensure that the stance, I am prepared to read the speech into transport system preserves the livability of the Hansard. region. It will specifically focus on integrated Mr Dollin: They can't read. transport solutions based on rigorous Mr ELDER: That may be the difficulty; assessment of economic, social and they can't read. That is a poor approach by environmental impacts. The establishment of the Leader of Opposition Business in the SEQTA must not be seen as a lessening of House, but I am prepared to accept it. this Government's focus on transport in the rest of Queensland. We recognise that the We now know what to do. It is the way we problems facing other parts of the State differ. do it that will ensure success. We must continue our collaborative approach with local The recent pledge to increase road governments and, now more than ever before, funding in north Queensland by over $60m the needs of the community must be identified shows this Government is addressing the and addressed in a consultative way. Some issues of concern with a regional focus. We do individuals have questioned the wisdom of not believe that there is one single way to establishing a transit authority, citing the address the issues that differ throughout the establishment and subsequent abolition of the State. However, SEQTA is the approach we Metropolitan Transit Authority, the MTA, as have taken in dealing with the emerging evidence that it is not a good idea. I believe constraints, particularly in south-east hindsight clearly shows the MTA was ahead of Queensland. Although the need to address its time. It was seeking to address the growth in private motor vehicle usage is not as problems we are facing today at a time when pressing as it is elsewhere in the State, there the community was falling in love with the is a real need to continue the reform of motor car. One limitation of the MTA was its passenger transport to ensure there are scope-—it dealt with the greater Brisbane services available throughout the provincial area, not the region. The approach we have cities and towns of the State. We need to taken to establishing SEQTA recognises the maintain an emphasis on improving services regional nature of transport. The regional throughout the State and need to examine nature of our commitment to rail reflects this opportunities where, in cooperation with local approach. We are developing a regional rail governments, improvements can be made to extension to Robina and have announced the operation of public transport, which could planning for further extension to Coolangatta. include changes to traffic flows through town To the north, we are going to examine the centres and the provision of bus shelters. potential for a spur line to the Sunshine Coast. SEQTA must work cooperatively with There is a heightened understanding by other governments, particularly in planning for Governments and the community that such an transport and land use planning. Local 2 November 1995 904 Legislative Assembly governments continually make decisions ¥ driving school accreditation or instructor about transport and about matters which will licensing; and impact on transport. Cooperation and ¥ marine safety or marine pollution. collaboration in such decision making is vital if the patronage targets are to be achieved. We I, as the responsible Minister, will approve recognise there is a pressing need to develop the administrative arrangements under which administrative arrangements to support the the portfolio will operate and portfolio amendments this Bill will introduce to the legislation will be administered. Honourable administration and organisation of the members may be aware that a discussion Transport portfolio. It will be done quickly! It will paper on SEQTA implementation has been be done to ensure the respective roles of widely circulated throughout the community for SEQTA and Queensland Transport are clearly comment. The feedback received on the distinguished. It must be clear so that the paper together with the results of ongoing community and stakeholders are aware of the consultation will be used to develop a guide to different roles and so that the staff of each SEQTA which will also detail the administrative organisation know how to go about their arrangements for the operation of SEQTA. business in a complementary manner. The Bill before honourable members The Bill provides the SEQTA chief proposes to amend the Transport Planning executive with all the powers under transport and Coordination Act 1994. This approach to legislation necessary to fulfil SEQTA's establishing SEQTA was chosen to ensure functions within the region. Administrative that the suite of transport Acts which have instructions will outline the respective roles been progressively adopted with the bipartisan SEQTA and Queensland Transport will have in support of this Chamber is retained. The south-east Queensland, including the objective of the new Part to the Transport legislative provisions each will administer. The Planning and Coordination Act 1994 is to legislative provisions to be administered by the establish a framework for the strategic SEQTA chief executive will provide the powers planning and operation of an integrated and responsibilities for the following— transport system in south-east Queensland, ensuring that the provision of the transport ¥ strategic transport planning, including system is integrated with the objectives of land planning for the provision of transport use planning. infrastructure and transport operations; Essentially, we are proposing that the ¥ establishing performance standards to be focus of SEQTA be the strategic planning and met by scheduled passenger services operation of an integrated transport system, provided under the Transport Operations that is, a system where the most appropriate (Passenger Transport) Act 1994; travel choices are available and cater for the ¥ third-party provision of people-mover trips resulting from the location of residences, systems under the State Transport work, education and social activities. But it (People-movers) Act 1989; must also be a system which influences the ¥ approval of certain decisions of local location of activities in the region. We cannot governments under section 40 of the continually cater for an ever-expanding Transport Infrastructure Act 1994 and demand for roads to support widespread and section 145 of the Transport Operations diverse land uses. It is not practical and it is (Passenger Transport) Act 1994 which not sustainable. SEQTA will work with industry, would adversely affect State-controlled operators, local governments and the roads or the provision of public passenger community to ensure that the travel needs transport; and and land use decisions of the region are integrated. ¥ development and implementation of travel demand initiatives to reduce public The object also includes increasing public reliance on private motor vehicles. passenger transport use in a way that takes account of social, economic and SEQTA will not be responsible for certain environmental influences of transport. A range matters, including— of ways in which that is to be done is detailed. ¥ building of transport infrastructure; It is also noted that it is Parliament's intention ¥ administration of vehicle registration or that the objects of the Part are to be achieved driver licensing requirements; in a way which reflects a cooperative relationship between units of the public sector ¥ limousine, tourist bus, or long-distance and Government owned corporations involved bus services; in the provision of transport infrastructure and ¥ tow trucks; operations. This clause has been included to Legislative Assembly 905 2 November 1995 provide added emphasis to the cooperative of the discussion paper on the implementation nature of the relationship that must exist if we of SEQTA and the holding of a seminar to are to succeed in increasing patronage. canvass issues subsequently covered in this Clause 8A(b) establishes SEQTA and legislation. This spirit of collaboration and provides that SEQTA consists of the chief consultation with the community, industry and executive and staff. The fact that clause 8A(c) local government will continue. To remain provides that the chief executive controls relevant SEQTA must remain aware of the SEQTA does not prevent SEQTA from being developing issues of concern to the attached to the department to be supplied community and the developments and needs with administrative support services. Being of industry and local Government. Members supported by an external service provider will note that reference is made to developing reduces the need for duplication of SEQTA an integrated regional transport plan for the staff dealing with matters such as human SEQTA area. The resulting plan which will resources and purchasing. The principal derive from this important initiative will provide function of SEQTA is detailed in clause 8A(d) much of the direction for transport in the as being to coordinate the strategic planning region. It is expected that a draft of the and operation of an integrated transport integrated regional transport plan will be system in south-east Queensland, the other released for public comment in the near principal function being to manage the future. allocation and auditing of funds to achieve this The SEQTA board will play an important outcome. role in advising the Minister on transport This gives SEQTA a broad role, but it is matters for the south-east. As far as no more than is required to achieve the practicable, the board must provide balanced significant changes in patronage to public representation of Government and community transport required if we are to maintain the interests. As Minister, I will be hoping that the livability of the region. SEQTA will coordinate board can function as a source of advice to the strategic planning of the system. There is me on transport issues in general but also also a significant proportion of the system that provide reports on the effectiveness of is planned by local Governments, and SEQTA integrated transport planning for the region. will work with them to coordinate the system- Members will note that clause 8AN provides wide issues. SEQTA will not operate an for the chief executive of SEQTA to present integrated transport system, but it will the Minister with an annual report. The matters coordinate its operation. Much of the transport to be covered in the annual report are quite system is operated by local detailed and will provide a further method to governments—with respect to roads—by assess the impact and operation of SEQTA. public sector entities, such as Brisbane The tabling of the annual report in this House Transport and Queensland Rail, and by private will be an annual event and a time when the sector operators providing bus, ferry and taxi attainment of the goal of increasing public services. SEQTA will coordinate and enhance transport patronage can be verified. their operations through existing legislative Consequential amendments to other transport structures and by setting performance Acts included in the Bill are to ensure that the standards for operation. modal strategies of the Transport portfolio, be they for a road network or for passenger SEQTA will, subject to ministerial transport, support any approved integrated approval, control allocation of the State transport plan for the region. Government's road and public transport funding. Under the administrative In conclusion, I would like to remind the arrangements to support this legislation, House of just what it is we are attempting to SEQTA will recommend to the Minister the achieve here. For the first time in Queensland appropriate method to allocate these moneys. history, we have a Government which has Whether it be for the provision of services or outlined a comprehensive vision for the the provision, operation or maintenance of development of our transport system. This is transport infrastructure, SEQTA will allocate not a vision for the next three or six years. It is funds to transport needs where they will a 25-year vision. We are tackling the future provide the greatest overall community head-on in an effort to work with the benefit. Honourable members will note that in community to develop a transport system performing its functions SEQTA will adopt a which best meets the needs of the consultative role. The first steps in this community. Now is the time for action, and we direction have been taken with the widespread have acted. consultation that has been held with SEQTA will represent the beginning of a individuals and organisations, the distribution new phase for transport management in this 2 November 1995 906 Legislative Assembly

State. It demonstrates this Government's rejecting my request to have my speech commitment to working in cooperation with incorporated in Hansard. All the same, I local governments, the Commonwealth commend the Bill to the House. Government, industry and the community to Debate, on motion of Mr FitzGerald, make the right decisions for the entire adjourned. community. SEQTA will deliver a renewed focus on public transport, based on consultation and cooperation, with a regional COURTS (VIDEO LINK) AMENDMENT emphasis. The additional amendments to BILL transport Acts at clauses 11 and 16 and Hon. M. J. FOLEY (Yeronga—Minister included in the Schedule are in the Bill to for Justice and Attorney-General, Minister for provide an improved transition from repealed Industrial Relations and Minister for the Arts) legislation and to rectify anomalies (12.35 p.m.), by leave, without notice: I encountered in implementing recently enacted move— transport Acts. The extension of the transitional provisions for the regulation in "That leave be granted to bring in a force under the Transport Infrastructure Bill for an Act to provide for the use of (Railways) Act 1991 in clause 11 will allow an video link facilities for certain court extended period for consultation on drafting proceedings." the new regulation. Clause 16 amends the Motion agreed to. Transport Operations (Road Use Management) Act 1995 to allow the gross vehicle mass—GVM—of a vehicle to be First Reading determined in a way other than referring to the Bill and Explanatory Notes presented and compliance plate. This will allow old vehicles Bill, on motion of Mr Foley, read a first time. without compliance plates or with illegible compliance plates to have their GVM assessed. Second Reading The amendments in the Schedule to the Hon. M. J. FOLEY (Yeronga—Minister Transport Operations (Passenger Transport) for Justice and Attorney-General, Minister for Act 1994 are required to rectify anomalies in Industrial Relations and Minister for the Arts) the transitional arrangements and provide an (12.36 p.m.): I move— orderly implementation of service contracts "That the Bill be now read a second and observing the interests of operators. time." Amendments 1 to 7 of the Schedule amend Communication technology is the Act to ease the transition to service transforming our world. Children are growing contracts and are proposed to address up with the facility to access information from anomalies raised in the initial rounds of all over the globe from their personal implementing service contracts for urban bus computers at home. The courts are not services. Amendments 8 to 11 of the immune from this revolution. Queensland Schedule delay the entry into force of courts are already receiving oral evidence by passenger transport legislative requirements phone and receiving documents by facsimile for community and courtesy operators. This will in appropriate cases. Technology can help the allow for a more orderly transition for the courts to be more efficient and effective in industry and grant sufficient time to identify dispensing justice. However, the power of and advise affected operators. Amendments communications technology must not be 13 to 20 rectify anomalies associated with the allowed to distort the process of justice. The transition to service contracts. They have been media extravaganza surrounding the O. J. prepared in consultation with industry to Simpson trial highlighted the dangers of provide for a smoother transition in a way converting a court proceeding into a species of which encourages operators to maintain infotainment. The challenge for courts is to continuity of service while service contracts are have communications technology on tap, but put in place. Changes to funding not on top. That is what this Bill tries to do. arrangements are necessary to ensure operators providing good levels of service are This Bill is another example of this not overly disadvantaged in the transitional Government's willingness to embrace available period. technology to enhance the court processes in a cost-effective manner. Amendments to the I note that the Leader of Opposition court rules were recently made at the Business must have read the Bill right through, suggestion of the Litigation Reform and this strikes me as unusual in terms of his Commission to allow the taking of evidence or Legislative Assembly 907 2 November 1995 submissions by way of video link, telephone or Queensland in line with this Government's similar form of communication. The Bill has commitment to improving the court procedures application where a defendant is in custody at in a cost-effective manner. a correctional institution and is required to be Ordinary citizens are expressing present in court. The Bill requires the use of increasing disquiet about the costs of justice video link facilities in bail and remand and the legal system. The law is often proceedings subject to the overriding criticised as being cumbersome and discretion of the court. In other criminal Dickensian. This Bill is designed to use proceedings, the Bill gives the court the modern communications technology to assist discretion to allow the use of the facilities the courts to be more efficient and effective is between the defendant and the court where dispensing justice according to the law. the parties consent. Debate, on motion of Mr Beanland, Rather than transporting defendants from adjourned. the correctional institution for their bail or remand hearing, the proceeding can take place with the defendant participating from the CRIMINAL OFFENCE VICTIMS BILL institution by way of video link. The video link Hon. M. J. FOLEY (Yeronga—Minister facilities can also be used in this way where for Justice and Attorney-General, Minister for the parties consent in other criminal Industrial Relations and Minister for the Arts) proceedings. It is expected that such (12.39 p.m.), by leave, without notice: I proceedings would include full hand-up move— committals, pleas of guilty and taking evidence from the defendant. Use of the video link "That leave be granted to bring in a facilities will remove security risks that are Bill for an Act to establish principles of present in moving defendants between the justice for victims of criminal offences, and correctional institutions and the courts for bail to make provision for the payment of and remand proceedings. In addition, compensation to them." transport and security costs will be reduced. Motion agreed to. The rights of the defendant are strongly Mr DEPUTY SPEAKER read a message protected in the Bill. The Government has from Her Excellency the Governor given careful consideration to the concerns of recommending the necessary appropriation. lawyers that defendants' access to the courts should not be prejudiced. Although the use of video link technology is mandatory for bail and First Reading remand proceedings, the court has the Bill and Explanatory Notes presented and discretion not to use the facilities in the Bill, on motion of Mr Foley, read a first time. interests of justice. Other safeguards to ensure that the defendant is not disadvantaged by not physically appearing in court are built into Second Reading the Bill. These include a requirement that the Hon. M. J. FOLEY (Yeronga—Minister facilities be operated to ensure two-way audio for Justice and Attorney-General, Minister for and visual communication between the Industrial Relations and Minister for the Arts) defendant and the court. Also, facilities are (12.40 p.m.): I move— available for the private communication between the defendant and his or her legal "That the Bill be now read a second representative in court. Such private time." communication is confidential and This Bill aims to restore victims of crime to inadmissible in the court proceedings. a central position in the criminal justice system. Interstate experience indicates that similar That system too often becomes a theatre of video link arrangements for bail hearings are battle between the State and the defendant operating successfully. with the victim relegated to the wings. A crime Presently, video link technology is not simply an incident which precedes a connecting the Brisbane courts and the Arthur criminal trial where there is a contest between Gorrie Correctional Centre is installed and the prosecution and the accused and his or ready for operation. The Bill is drafted widely to her legal representative. A crime is first and allow use of the technology where it is foremost an encounter between the offender available in the courts and correctional and a victim. Our criminal justice system has at institutions. This was done in anticipation of times lost sight of the simple fact that a victim expansion of the technology to other regional has suffered an intensely personal experience courts and correctional institutions in accompanied by often devastating effects. 2 November 1995 908 Legislative Assembly

There has been increased concern, both reinforce this principle will also be made to nationally and internationally, about the the Bail Act 1980 and to the Criminal position of the victim in the criminal process. At Code by this Bill.) an international level, the General Assembly of The welfare of the victim should be the United Nations on 11 December 1985 considered at all stages of the resolved to adopt the declarations of basic investigation and prosecution of a crime. principles of justice for victims of crime and abuse of power. The Government is At the sentencing of an offender for a responding to public concern over compelling crime, the prosecutor should inform the issues, such as the impact of crime on victims, sentencing court of appropriate details of the treatment of victims within the criminal the harm caused to the victim by the justice system and, in particular, the needs of offence. In deciding what details are not victims for protection, support and appropriate, the prosecutor may have compensation and crime prevention. The Bill is regard to the victim's wishes. the culmination of a comprehensive Victims, on request, should be given consultation process going back as far as information about the progress of cases. 1990, when a Green Paper was issued In all cases, a law enforcement officer seeking the views of victims and the wider should on request advise a victim of community. information concerning the investigation The Bill has a two-fold objective. Firstly, of the case and the prosecution of the the Bill is designed to improve the delivery of offender. Further, a victim of a sexual justice to victims of crime. This is achieved by offence or a victim of an offence involving placing into legislation fundamental principles personal violence should also, on request, of justice for victims of crime which are to be be supplied with details of the sentence the guiding principles for public officials in imposed on the offender, and other dealing with victims of crime. correctional information including the fact that the offender has escaped from Secondly, the Bill details an improved custody, and the dates on which the system for the determination and payment of offender is eligible to be released into the criminal compensation for victims of violent community on parole and final discharge. crime. These have been relocated from the It is intended that a victim will be able to Criminal Code and contain several reforms. register with the Corrective Services For the first time, families of homicide victims Commission to receive that information. will receive compensation. Applications for Victims should have access to information criminal compensation will be simplified. and services for victims including issues The Bill declares fundamental principles of relating to welfare, health, counselling, justice for victims of crime. The purpose of the medical, legal help and victim/offender declaration of those principles is to refocus the conferencing services. criminal justice system upon the sometimes Victims should have access to information overlooked position and needs of victims of about the availability of compensation or crime. The principles provide guidance for restitution for any injury suffered, or any police, prosecutors and other officials dealing loss or damage caused. A victim should with victims of crime. They will also serve an also be entitled, on request, to have educative function, in informing victims of relevant information placed before the crime in plain terms of how they can expect to court by the prosecutor for an order for be treated by police, prosecutors and other compensation for personal injury or for officials. compensation or restitution for loss of, or The fundamental principles of justice damage to property caused by the include the following notions— offender. In a case where a victim is subjected to personal violence, and the A victim should be treated with courtesy, payment of compensation cannot be compassion and respect for their personal obtained from the offender or other dignity. sources, a victim should have recourse to A victim's privacy should be protected and a criminal injuries compensation scheme inconvenience to a victim should be provided by the State. minimised. The Bill also establishes a scheme for the A victim should be afforded all necessary payment of criminal compensation to a victim. protection from violence and intimidation The scheme is intended to provide some by a person accused of a crime against measure of compensation to help and assist the victim. (Specific amendments to the victim of a crime without the delay, costs Legislative Assembly 909 2 November 1995 and formality of a civil action for damages. The in excess of the compensation award made in amount of compensation paid to a victim is their favour. The Bill enables the prosecutor or intended to help the victim and is not intended officers within the office of the Director of to reflect the compensation to which a victim Public Prosecutions to be available to assist might be awarded in a common law action victims in making an application for against the offender for damages. The compensation. Victims will also be free to amounts in the compensation table have represent themselves or retain their own legal been adjusted to reflect the fact that they representation. alone determine the amount paid as The representation of victims by officers of compensation. Under the scheme, the the Director of Public Prosecutions and the maximum amount payable to a victim will be prohibition on orders for legal costs are part of $75,000. a serious attempt by the Government to Queensland has a more generous upper expedite criminal compensation awards for limit than other States and Territories in that victims and to avoid the massive legal costs this maximum amount of criminal incurred under similar schemes in other compensation payable to a victim is some 50 jurisdictions. The intention of the reform is to per cent higher than the maximum amount of replace a slow and cumbersome procedure for $50,000 a victim might receive in New South criminal compensation with a speedy, simple Wales, Victoria, Western Australia, South one in the interests of crime victims. Australia and the Australian Capital Territory; The Bill permits compensation to be paid and some 300 per cent higher than the to dependants of a victim of murder or maximum amount payable in Tasmania and manslaughter (up to $20,000) and for the the Northern Territory. payment to a victim's family of funeral (up to The Bill follows the two tier structure that $4,000) or other expenses (up to $1,000) exists under the current scheme, involving an incurred due to the murder or manslaughter. application to a court where an offender has These sums can be accessed on application been convicted and an administrative process to the Government, thus avoiding delay. where no offender has been convicted or The Bill amends the Criminal Code to identified or where an offender is unable to empower a court to prohibit the publication of satisfy the award of compensation made by a information about the address of a victim of court in favour of a victim against an offender. violent crime. This is in response to fears Court applications may be dealt with expressed by victims about the risk of further informally. A court may receive relevant violence being done to them. Similarly, the information in any form and the strict rules of Bail Act is amended to require the court or evidence need not apply. police officer to consider whether an accused The Bill provides that in determining the person would if released on bail endanger the amount of compensation to be awarded, a safety or welfare of a victim. court is required to assess the injuries suffered This Bill aims to help victims. It is part of by a victim according to a "compensation an evolution of our criminal justice system scale of injuries". This scale particularises the away from a purely adversarial model between sort of injuries a victim might suffer as a result State and defendant and back to basic of the commission of a violent crime. The concerns about those lives that have been scheme has been designed to simplify the shattered by violent crime. assessment process and reduce the inconsistencies in the awards that were I commend the Bill to the House. frequently made under the current scheme. Debate, on motion of Mr Beanland, The Bill has increased the maximum adjourned. amount that can be paid for an injury described as "mental or nervous shock" by 27 INDUSTRIAL RELATIONS per cent to $25,500. The Bill provides that a LEGISLATION AMENDMENT BILL court can not award any legal fees incurred in (No. 2) the making of an application. Victims will not be disadvantaged. In fact, they will in a better Hon. M. J. FOLEY (Yeronga—Minister position than they are under the current for Justice and Attorney-General, Minister for compensation scheme. Industrial Relations and Minister for the Arts) (12.48 a.m.), by leave, without notice: I Under the current scheme, most victims move— retain private legal representation, thus incurring significant legal costs. In some cases, "That leave be granted to bring in a the legal costs incurred by victims have been Bill for an Act to amend the Industrial 2 November 1995 910 Legislative Assembly

Relations Act 1990 and the Public Service There has also been some confusion Management and Employment Act 1988, surrounding the power of the commission and and for related purposes." of an industrial magistrate to order Motion agreed to. compensation where the employer has failed to give the employee the appropriate notice of dismissal under the Act or the appropriate First Reading compensation in lieu of the notice. The amendment makes it quite clear that on an Bill and Explanatory Notes presented and application before the commission for unlawful Bill, on motion of Mr Foley, read a first time. dismissal the commission may make an order for compensation in such circumstances. Similarly, in matters brought before an Second Reading industrial magistrate, the industrial magistrate Hon. M. J. FOLEY (Yeronga—Minister has the power and may order an employer to for Justice and Attorney-General, Minister for pay an employee compensation where the Industrial Relations and Minister for the Arts) employer has not given the employee the (12.49 a.m.): I move— required notice or paid compensation in lieu. "That the Bill be now read a second Provisions relating to Industrial Registrar time." The amendments in relation to the This Bill proposes amendments to the Industrial Registrar are to provide authority for Industrial Relations Act 1990 and the Public the Industrial Registrar to delegate the powers Service Management and Employment Act of that office to the Assistant Industrial 1988. Registrar or to another person nominated by the President of the Industrial Court. Under Industrial Relations Act existing arrangements, while the Assistant The Bill continues the practice of ensuring Industrial Registrar assists the Industrial that the provisions of the Industrial Relations Registrar in the performance of the Industrial Act bring more efficient and equitable Registrar's functions, the assistant is only procedures into the industrial relations system empowered to exercise the statutory in Queensland. Major changes in industrial responsibilities of the registrar when that relations in Queensland were introduced with person is temporarily absent from duty. The the Industrial Relations Reform Act 1994. The assistance provided by the Assistant Industrial specific areas being reviewed relate to Registrar will be more effective if the powers of unlawful dismissals and the powers of the the registrar can be delegated as required. Industrial Registrar. The proposal that the registrar's powers may also be delegated to another person Unfair Dismissal Provisions nominated by the President provides added With respect to unlawful dismissals, there flexibility by allowing the delegation of the has been a perception in the community that powers should this become necessary to meet often remedies are given for breaches of the demands of the Industrial Registrar's these provisions based only on procedural Office. It is believed that the amendments grounds without regard to the overall proposed will result in the Industrial Registrar's circumstances of the particular matter. To Office providing an improved service to its overcome this outcome the Federal clients. Government is amending the Federal As I have indicated to the House Industrial Relations Act 1988. To ensure that previously, there is an ongoing responsibility to the Queensland legislation retains its harmony monitor all existing industrial relations practices with the Federal legislation and to remove any and procedures so that they are up to date doubt as to the meaning of similar provisions and meet contemporary needs. I believe the in the Queensland legislation, it will be amendments to the Industrial Relations Act amended. The amendment will require the contained in this Bill achieve these objectives. Queensland Industrial Relations Commission to consider " all of the circumstances of the Public Service Management and Employment case" in determining applications for unlawful Act dismissal. The commission may decide not to The Bill also makes an amendment to the give an employee a remedy, even though the Public Service Management and Employment employer has not met all the statutory Act. This amendment will enable the Governor requirements to dismiss. This approach in Council to delegate the power to create and conforms with the practice which has been abolish certain offices in departments to the followed by our commission. chief executive of the department, to enhance Legislative Assembly 911 2 November 1995 the process of effective total work force staged delegation of position creation and management, monitoring and reporting in the abolition powers to chief executives or their Queensland public sector. The delegation of delegates, in conjunction with significantly the power to create and abolish offices is an improved monitoring and reporting important part of this Government's Public mechanisms. Sector Workforce Management Policy. This The staged delegation of establishment policy will be implemented by chief executives powers applies only to sub-SES public service and all managers, in conjunction with other positions established under the Public Service sector-wide strategies, such as the Financial Management and Employment Act. An Management Strategy, enterprise bargaining agency's progression will be conditional upon agreements and best practice initiatives, to its capacity to deliver work force reporting, and ensure that quality outcomes for the social implementation of appropriate program and economic development of Queensland performance management systems, including are produced by the public sector. The work identification of measurable program outputs force management practices which and outcomes. Piloting of the information accompany the policy will contribute to a more reporting element of this policy commenced efficient, effective and accountable public on 1 July 1995. The delegation of the power sector. to create and abolish sub-SES public service The current highly centralised positions will be implemented in two stages, establishment system of controlling public commencing on 1 January 1996. service staffing levels is widely perceived as The Bill also makes some minor technical being inconsistent with contemporary amendments to the Public Service budgetary and managerial reform objectives. Management and Employment Act to correct Employment in the majority of the public a provision which currently contravenes sector is determined by various other statutes, fundamental legislative principles. I commend as well as by temporary and casual the Bill to the House. employment arrangements outside of the position-based establishment system Debate, on motion of Mr Santoro, controlled through the Executive Council. In adjourned. effect, the budget process, emphasising measurable outcomes through program BILLS: REMAINING STAGES management, and not the establishment system, serves as the primary control over Allocation of Time Limit Order agency salary expenditure and therefore the Hon. T. M. MACKENROTH size and composition of the total public sector (Chatsworth—Leader of the House) work force. (12.55 p.m.), by leave, without notice: I The current establishment system does move— not facilitate the responsive and flexible "That under the provisions of management required in today's public Standing Order 273 the following Bills be service. Chief executives already have the declared urgent to enable them to be power to reallocate large funds within program passed through all their remaining stages areas and, subject to Treasury endorsement, at this day's sitting at the times between program areas. However, they need specified— to gain Governor in Council approval to create even the most junior positions within their Appropriation Bill (No. 2)— organisation. Additionally, it is seen as Second Reading at 4 p.m.; hindering chief executives' ability to respond Report from the Committee of the quickly and flexibly to Government priorities. Whole at 4.25 p.m.; and A principal element of the Workforce Third Reading at 4.30 p.m. Management Policy is to improve the flexibility of chief executives' powers to manage their Coastal Protection and Management human resources to achieve cost effective and Bill— productive deployment of the available public Report from the Committee of the sector work force, in accordance with approved Whole at 5.25 p.m.; and program priorities. The efficient management Third Reading at 5.30. of human resources is of strategic importance to this Government in terms of current and At the times so specified, Mr Speaker future budgetary implications for the provision or the Chairman, as the case may be, and delivery of public policy and program shall put all remaining questions outcomes. This is to be achieved through a necessary to pass the Bill including 2 November 1995 912 Legislative Assembly

clauses en bloc and any amendments to Mr Mackenroth: On a Thursday—don't be moved by the Minister in charge of the forget—on a Thursday. Bill, without further amendment or Mr FITZGERALD: No, 1796. The debate." Leader of the House is willing to put Mr Mr FOLEY: I second the motion. Speaker in a position that he will be asked to Mr FITZGERALD (Lockyer) cast the deciding vote if the numbers are (12.56 p.m.): I wish to speak to the motion even. before the House. This is a gag motion; I Mr SPEAKER: Order! I have the feeling understand what it is about. This is a very that this debate will go on for some time; important motion and I ask the House to therefore, I think that lunch will be good for all consider very seriously that it is a money Bill of us. before the House—Appropriation Bill (No. 2). Sitting suspended from 1 to 2.30 p.m. Many members wish to speak to the appropriation of Supply by the House because Mr FITZGERALD: Before the luncheon it is important. break, I outlined to the House the seriousness I can assure the House that members on of a gag motion for this Parliament, which is in this side of the House have not been a delicate position with regard to numbers. I filibustering. If Government members read the wish to emphasise one point—those of us who speeches that have been delivered by have been members of this place for a long honourable members on this side of the time would know this, but some of the newer House, they will find that, one after another, members might not know—and that is that they are giving Government members a although the motion is to gag the lacing. There is plenty more to come. The Appropriation Bill, it will have no effect upon members on this side of the House wish to the fate of the Government. We are not have the right to speak for their full, allotted debating the Appropriation Bill; we are time if they so desire. It is an honourable debating the motion to gag the debate on that member's right to do so. Bill. A Bill granting Supply is a very important Mr Speaker, during the luncheon break I matter to have before the House, especially had an opportunity to consider the delicate when the numbers in the House are balanced position in which you have been placed. As I so delicately that we are precariously on the said, since 1796 no Speaker has given his or edge of being plunged into a change of her casting vote against the continuation of a Government or possibly plunged into another debate. Speakers have given their casting election. All honourable members are aware of votes in various directions otherwise. the result if the Government falls on a matter Mr De Lacy: It will go down in history. It of Supply. If the Government fails on the will be in Hansard. question of granting Supply, the Government Mr FITZGERALD: Someone might like falls. to read this if, as the Treasurer seems to think, In addition, one member of this Mr Speaker votes in support of the gag. House—and possibly two—may in the future According to Speaker Addington in relation to be deemed to have not been properly elected the decision in 1796—and he knew which way to this House. What I am saying is of utmost he was going—the Speaker should always importance. vote for further discussion where this is This is a matter of Supply. I have checked possible. to find out what happens when an attempt is Mr Mackenroth: Where possible. made to gag a Supply Bill before the House. Mr FITZGERALD: The Leader of the As the numbers in the House are precariously House says, "Where possible." I would like to close, it is quite possible that the vote on this know the importance of not allowing a debate motion could be 44 on either side of Mr to continue. What has ruffled the member's Speaker, and Mr Speaker will be placed in the feathers? The Appropriation Bill is being position of deciding whether to gag debate on debated fully, and I cannot recall one member a Bill granting Supply. My checking has being warned for tedious repetition. It has not revealed that, if Mr Speaker casts his deciding happened. I suggest that many matters are vote in favour of the gag, he will be the first yet to be mentioned. I know that the Speaker in the Westminster system to do so honourable member for Warwick wanted to since 1796, when the precedent was set that raise a matter involving a number of—— a Speaker shall not have a casting vote on a motion to gag further debate on a Bill. Mr Springborg: Ten. Legislative Assembly 913 2 November 1995

Mr FITZGERALD: Ten families have Mr Mackenroth interjected. been moved out of Wallangarra because of Mr FITZGERALD: The Leader of the changes in the railways. The member has an House might laugh about it, but Parliament important matter to raise. He raised this issue has not sat late. Up until this week, Parliament with me. He said, "This is what I want to talk has sat after dinner once. Now 18 Bills have about." I will not outline what the member was been introduced. I asked that the last couple going to say. of Ministers who introduced Bills read their Why the rush? This is the fourth sitting second-reading speeches fully so that at least week of the new Parliament. The first week there would be time to have them distributed, was largely ceremonial. During the first three examined and digested. I think that is only sitting weeks, we sat after dinner on one proper. I do not mind consenting to a second- occasion. Members spoke to the motion for reading speech being incorporated in Hansard the adoption of the Address in Reply and if a Minister has lost his voice or is ill. However, Parliament did not sit a double day. Four on this occasion, four or five second-reading hours is allotted in a sitting day for the debate speeches were incorporated in Hansard. I do on the motion for the adoption of the Address not know whether, because I objected to that, in Reply. It was customary for previous I have offended Government members. Parliaments—certainly under coalition Governments—to sit double days so that The other matter that I wish to raise is the those matters could be dealt with and all limit on the debate of the coastal speakers would be allowed time in which to management resource—— speak. We also have another two days for the Mr Mackenroth: He doesn't know the Address in Reply debate. That is fair enough. name of the Bill. This Government is now attempting to Mr FITZGERALD: I wanted to use its gag the debate on the Appropriation Bill. We correct title. It is the Coastal Protection and could have debated this Bill during a previous Management Bill. That is a very sensitive Bill sitting instead of Parliament rising early. I do for many members in this Chamber. I know not know why Parliament had to rise so early. that the Opposition wanted to move Because of the late nights this week, amendments which would be debated members have certainly earned their tucker. publicly. It would then be open for people to Of course, many Bills have been introduced. see whether the Opposition's position was Mr Borbidge: For two days running, correct or whether the Government's position Parliament sat for three hours. was correct. What is the Leader of the House running away from? He copped a fair bit of Mr FITZGERALD: That is a fact. Today, stick from shadow Ministers and other 18 Bills were scheduled to be introduced, and speakers during the debate on the the majority of them have been introduced. I Appropriation Bill. If we are allowed to do not know whether I have upset a Minister continue, he will cop a lot more. The or somebody else because I objected to leave Opposition also had a lot to say about the being granted to a Minister to incorporate his Coastal Protection and Management Bill. second-reading speech in Hansard. Prior to that four or five second-reading speeches had Mr Schwarten: Like getting slapped been incorporated in Hansard. I then objected with a wet lettuce leaf. to leave being granted when a Minister sought Mr FITZGERALD: The honourable leave to incorporate his speech in Hansard. I member for Rockhampton thinks that he is thought it was proper that we have time to getting slapped around the ears with a wet digest some of these Bills that were coming lettuce leaf. That bunny would chew on it if he before the House. It is not my fault that 18 could. Bills were rostered to be introduced in one day—an important day because the The fact is that this is not about an appropriation legislation was to be passed. Of ordinary gag motion. I explained before that course, members do not know when matters the numbers in this House are extremely are going to be debated in this House. close. For quite a few divisions, Mr Speaker has had to give the casting vote. Mr Speaker, I know that Opposition parties always I submit that if a division is called and claim that they want democracy. I, too, want to members are divided evenly on this matter see more democracy. I am proud to say that, and you are in the position in which you have while I have been in Opposition, I have to give your casting vote, you should consider wanted to see democracy and I will certainly seriously the fact that if your casting vote goes ensure that we have democracy when I am in in favour of the motion moved by the Leader Government. of the House, you will be the first Speaker who 2 November 1995 914 Legislative Assembly did not allow further debate when a member Mr Speaker, I ask you to consider this very wanted to continue a debate. Certainly Mr carefully before making a decision. I leave it to Speaker would be adhering to the wishes of your conscience and how you are going to the majority of the House, and I accept that. explain your decision if you choose not to go Of course, it is fairly rare in the House of this way. I presume you would be supporting Commons for a Speaker to give a casting vote me in my appeal to allow the debate to on such matters. But a precedent has been continue. I can assure you that the debate will set. I have checked as thoroughly as I can, not be lengthy. Many members want to speak but I cannot find a casting vote in the in the debate. I respect the Chair's powers in Queensland Parliament ever going—— the case of tedious repetition. After warning, if Mr Livingstone interjected. a member continues to be repetitious, it is the right of the Speaker and Deputy Speakers to Mr FITZGERALD: Can the honourable sit him or her down. I respect that right and I member for Ipswich West recall an occasion in will not argue if it is the Speaker's opinion that the Queensland Parliament or in any other a speech is tedious repetitious. Parliament when a Speaker has given his casting vote against the continuation of a Hon. K. E. De LACY (Cairns— debate? I am asking him straight. Can the Treasurer) (2.42 p.m.) I do not want to member recall that happening? He cannot! contribute for very long, because I find this whole debate a lot of humbug. I have never Today will not be remembered as the day seen so much mock outrage in my life. that the Appropriation Bill was gagged. That will just be fish-and-chips wrapping in a couple I would like to take up on one issue. The of days' time. It will probably be used to light a Leader of Opposition Business in the House fire somewhere. The issue is what Mr Speaker implied that this was a very important piece of does. I remind honourable members that this legislation and that it delivered Supply. It does motion will not bring down the Government. no such thing. It is merely a technical Bill. All it Those members opposite who are worried does is appropriate unforeseen expenditure about losing their superannuation should not for 1994-95. I can give all members an be too worried because this motion is not assurance that Supply has been secured for going to be a problem for them. Those the whole of 1995-96. Members do not have members who have been members of this to worry about that. This is an Appropriation place not quite long enough to pick up a Bill to appropriate unforeseen expenditure for reasonable payout—those who were elected 1994-95. Obviously, it needs to be passed to after 1989—should not be worried by it. They for their to be compliance with the Financial might start thinking about getting another job Administration and Audit Act. It is important in after the next election, because I can assure that sense, but all the humbug that has been those members that many of them will find carried on here by Mr FitzGerald is just themselves in that position. However, the nonsense—he used the words "tedious passing of this motion would not lead to the repetition". collapse of the Government. The Speaker has Mr BORBIDGE (Surfers Paradise— been placed in this position by the Leader of the Opposition) (2.44 p.m.): In Government. Members should have read joining the debate this afternoon, I will correct pages 350, 351 and 352 of the twenty-first some of the patently dishonest remarks that edition of Erskine May before they placed him have been made outside the House by the in this position. Leader of the House at a press conference. Mr Speaker, I respect your having a casting vote on all other occasions. I do not Mr MACKENROTH: I rise to a point of think there has ever been any criticism of you. order. I ask the Leader of the House to I certainly would hope not, because we withdraw the comment that I made a respect the high office that you hold. I cannot dishonest statement. remember an occasion when Mr Speaker has Mr BORBIDGE: I withdraw. I wish to given his casting vote that any member on this respond to some of the childish, inane and side of the House has uttered any disgust or stupid remarks made by the Leader of the disappointment out aloud. They might have House. felt it inwardly at times, but I have never heard such thoughts expressed. I mean that Mr MACKENROTH: I ask the member sincerely. We know how the game is played to withdraw those stupid, inane and childish and what the rules are. remarks. However, this is a different issue. This is a Mr SPEAKER: I find those remarks question on whether a gag should be applied. offensive and ask that they be withdrawn. Legislative Assembly 915 2 November 1995

Mr BORBIDGE: Some of those "silly" is so arrogant and high-handed that he cannot remarks? Is the member happy with the word bring himself to ask. He cannot even ring up "silly"? and say, "Can we exchange an agreement? I wish to comment on the bog that the Can we have two signatures on a piece of Leader of the House seems to have got paper so that I can have a pair in order to take himself into and some of the inaccurate the other Premiers out to dinner tonight?" It is statements that have been made to this as simple as that. If the member for Logan afternoon justify the exercise of the gag on the had observed that common courtesy in Appropriation Bill and other legislation. Part of respect of a pairs arrangement, this motion the reason that we are having this debate is would be totally and absolutely that apparently I have somehow reneged on unnecessary—the Parliament could have an agreement to allow the Premier to go to continued sitting and we would not have a dinner at Michael's Restaurant tonight. problem. But that is not the way the Leader of the House likes to run things. I wish to clarify the situation. I think it is important that the Government understands While I am talking about the Leader of where we are coming from, because hopefully the House and the gagging of debate on this some good will come of the mess that the Bill this afternoon, I place on record a few Government has brought on this afternoon. statistics relating to the management of this Government members should just listen. The Parliament by the Leader of the House in the facts are quite simple. I indicated early in the weeks that we have been sitting. I put it in life of this Parliament that, whilst pairs were not terms of this gag motion. on because the Leader of the Government On 5 September, we sat for one hour and had not been interested in pairs in the six twenty minutes. We were electing you, Mr years that he had been Premier of this State, Speaker, and that was an important day. On 6 when there were extenuating circumstances— September, the Governor made her opening where there was a COAG conference, a address and we sat for 49 minutes. On the Premiers Conference, a member was ill, a first working day of that week, we sat for five relative of a member was ill or there was a hours and 22 minutes. On 12 September, we natural disaster—if the Premier wished to raise sat for six hours and 18 minutes; on 13 the need for a pair with me it would be given September, two hours and 46 minutes; on 14 very careful and sympathetic consideration on September, 11 hours and 42 minutes; on 15 a case-by-case basis. The fact is that we do September, four hours and 40 minutes; on 17 not have a pairs agreement. Where a pairs October, six hours and 30 minutes; and on 18 agreement exists, there is a book on the table September, three hours and two of the House. The arrangement is that the two minutes—that was a heavy day. However, not members who are paired sign that book to to be outdone, on 19 October we had to beat give it authority and status. What I say to the the record of the previous day and we sat for Leader of the House is really quite simple: three hours and three minutes. On 20 there have been no protocols put in place and September, we sat for four hours and 54 no request has been made from the Premier minutes; on 31 October, 12 hours and 24 to me specifically in regard to this exercise minutes; and on 1 November, eight hours and tonight. 35 minutes. Into the fourth week of the Mr Mackenroth: You didn't say that this parliamentary sittings we have sat late on only morning. two nights, and they have been this week. For the total sitting days—13 sitting days of the Mr BORBIDGE: Exactly, because there 110 days of action of the Goss Labor was no formal approach. It has to be Government—we have sat for 71 hours and formalised. If the Premier wanted me to give 25 minutes. Government members sure him leave tonight, we could have exchanged believe in the 35-hour week. It has been a letters. It is as simple as that in the absence of disgrace. a pair book, and that exists in every What have we had? We have had no Parliament in the Westminster world that has legislation until today. But, of course, when the pairs. Where is the pairs book for me to sign? Government wants cooperation from our side There is not one. That was the simple of the House, when its Ministers want a bit of condition which was laid down. relief so that they do not have to read right Debate on the Appropriation Bill is to be through their second-reading speeches, we gagged for no reason. The Premier could cooperate. What do we get in return? have had a pair if he had exchanged letters Appropriation Bill (No. 2) and one of the most with me and the House could have continued important pieces of legislation to come into the debate. However, the member for Logan this Parliament in years will have to be 2 November 1995 916 Legislative Assembly debated in only about an hour. What a Mr MACKENROTH: I move— disgrace! Allegedly, this is all because I will not "That the question be now put." let the Premier go to Michael's tonight. The Premier can have the night off. I do not care. Mr FITZGERALD: I rise to a point of However, let us put in place the protocols to order. Mr Speaker, the member cannot move enable this place to work properly. "That the question be now put". He is out of order. Mr Ardill: What's your protocol on Mr MACKENROTH: I rise to a point of funerals? order. I sought guidance from the Clerk, who Mr BORBIDGE: The honourable advised me that I could move that motion. member should listen for a minute. If he wants Mr SPEAKER: Order! Standing Order to talk about protocols, let us talk about 142 states "any Member". Westminster. In every Parliament where there is a pairs agreement the book is on table. The Mr FITZGERALD: I rise to a point of members sign the agreement. All I have said order. Another Standing Order states that a to the Leader of the House and the Premier member having spoken cannot move that a today is that, in the absence of that motion be put. agreement, we will sign a piece of paper so Mr HAYWARD: I move— that the numbers in the House will respect the "That the question be now put." signatures of the two members participating. But that is not good enough. The Premier Opposition members: You're in the cannot bring himself to negotiate with the wrong seat. Opposition so this afternoon he sent in his Mr SPEAKER: Order! I will make a lackey the Leader of the House to carry out ruling so that this will be clear in the future. these disgraceful arrangements. Standing Order 142 states that any member can move it, but I am aware of a Standing Mr Speaker, as the Leader of Opposition Order that says that a member having spoken Business, the member for Lockyer, has cannot do that. Let us be clear on the ruling. pointed out, the Government has placed you The person who has spoken to a motion in a difficult position. I do not think that the cannot move "That the question be now put", Government intended to do that, because this but other members of the House can so morning the Minister for Transport was advised move. that, because of personal circumstances, a member on our side of the House would not Mr BORBIDGE: I rise to a point of be present. But that member is back. Again, I order. Mr Speaker, I had the call. I was express profound disappointment that speaking. something said in confidence by me to a Mr HAYWARD: I move— senior Minister has been used as a ploy in this "That the question be now put." debate. Question—That the question be now Mr MACKENROTH: I rise on a point of put—put; and the House divided— privilege. I find the slur that the Leader of the AYES, 44—Ardill, Barton, Beattie, Bird, Bligh, Opposition is now using to be disgraceful. That Braddy, Bredhauer, Briskey, Burns, Campbell, somebody from the Opposition has told the D'Arcy, Davies, De Lacy, Dollin, Edmond, Elder, media that I was aware that one of its Foley, Gibbs, Goss W. K., Hamill, Hayward, Hollis, members was at the hospital because his wife McElligott, McGrady, Mackenroth, Milliner, Mulherin, was ill is a disgraceful and deplorable action. Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Robertson, Rose, Schwarten, Smith, Spence, Mr BORBIDGE: I rise to a point of Sullivan J. H., Welford, Wells, Woodgate Tellers: order. I did not mention the Leader of the Livingstone, Sullivan T. B. House in my comments. NOES, 44—Baumann, Beanland, Borbidge, Connor, Mr MACKENROTH: How would I know Cooper, Cunningham, Davidson, Elliott, FitzGerald, Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, that the member for Lockyer would move that Hegarty, Hobbs, Horan, Johnson, Laming, Lester, sort of motion? The Leader of the Opposition Lingard, Littleproud, McCauley, Malone, Mitchell, is using gutter tactics in using the illness of an Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, Opposition member's wife in that way. Simpson, Slack, Stephan, Stoneman, Turner, Veivers, Warwick, Watson, Wilson, Woolmer Tellers: Mr BORBIDGE: Mr Speaker, I made no Springborg, Carroll mention of the Leader of the House, but if he feels guilty enough to have to stand up and The numbers being equal, Mr Speaker enter into that level of debate, I feel sorry for cast his vote with the Ayes. him. The simple fact is—— Resolved in the affirmative. Legislative Assembly 917 2 November 1995

Question—That the motion be agreed moved by the Leader of the House to gag the to—put; and the House divided— debate on the Coastal Protection and AYES, 44—Ardill, Barton, Beattie, Bird, Bligh, Management Bill was highly inappropriate. I Braddy, Bredhauer, Briskey, Burns, Campbell, would have liked to have been able to speak D’Arcy, Davies, De Lacy, Dollin, Edmond, Elder, to that legislation in detail during the Foley, Gibbs, Goss W. K., Hamill, Hayward, Hollis, Committee stage in order to clarify the McElligott, McGrady, Mackenroth, Milliner, Mulherin, Minister's response to the points raised by the Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Roberts, Scrutiny of Legislation Committee, amongst Robertson, Rose, Schwarten, Smith, Spence, other matters. Sullivan J. H., Welford, Wells, Woodgate Tellers: Livingstone, Sullivan T. B. Mr De Lacy: You've had the whole second-reading debate. NOES, 44—Baumann, Beanland, Borbidge, Connor, Cooper, Cunningham, Davidson, Elliott, FitzGerald, Mr SLACK: The Treasurer is correct, but Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, the fact remains that the parliamentary Hegarty, Hobbs, Horan, Johnson, Laming, Lester, committee—which includes among its Lingard, Littleproud, McCauley, Malone, Mitchell, membership Labor Party people—has raised Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, questions in respect to certain clauses of the Simpson, Slack, Stephan, Stoneman, Turner, Bill. To me, that is a very important matter Veivers, Warwick, Watson, Wilson, Woolmer Tellers: which ought to have been fully aired. The fact Springborg, Carroll that the debate on that legislation has been The numbers being equal, Mr Speaker cut short is outrageous. Any claim that the cast his vote with the Ayes. Goss Government had to open and Resolved in the affirmative. accountable government went out the door the moment it placed a one and a half hour restriction on the debate relating to the APPROPRIATION BILL (No. 2) Coastal Protection and Management Bill, the Committee stage of which will be debated later Second Reading this afternoon. Debate resumed from 1 November (see I turn now to Appropriation Bill (No. 2). I p. 864). want to canvass some matters relating to my Mr SLACK (Burnett) (3.05 p.m.): Given electorate and to the Department of the limited time now available in which to Environment and Heritage. Over the years, debate this legislation, it is apparent that that department has received increases in Opposition members will not be able to funding. The last Budget saw an allocation of canvass as many matters as they would have $160.9m to the operations of the department. liked to. I suggest to the Treasurer that, even That represented a significant increase. though this Bill is not insignificant, it was wrong Although significant funds have been of him to imply that it is the only significant allocated and are presumably being spent, the legislation before the House. I remind the department is being seriously mismanaged. Treasurer that there is another very important More to the point, many people are unhappy Bill before the House. with this Government's administration of that Mr De Lacy: You're debating it. department. The key word is "administration". Mr Veivers: It's non-existent. Mr SLACK: I am not debating it; I am just saying that it is a very important Bill. I refer Mr SLACK: It is non-existent. Political to the Coastal Protection and Management decisions are being made with the money Bill. The Scrutiny of Legislation Committee has appropriated to that particular department. raised a number of points with respect to that There can be no ifs, buts or maybes—those Bill. types of decisions are being made. In the lead-up to the recent State election, despite all Honourable members interjected. the funding increases and despite the Mr DEPUTY SPEAKER (Mr increase in the size of the national park estate, Palaszczuk): Order! There is far too much the conservation movement declared that its audible conversation in the Chamber. support for the Government was only 16 per Mr SLACK: Those points related to cent. We subsequently saw a division within various provisions of the Bill, and in fact more the environmental organisations over their than 20 separate issues were highlighted by support for this Government. I believe that that the committee. If the intention is that this was a politically motivated division— Parliament is to be given an adequate engineered by ALP operatives. opportunity to consider the matters raised by It cannot be denied that this Government its committees, I suggest that the motion has doubled the national park estate. 2 November 1995 918 Legislative Assembly

However, following the Cape Melville affair in affected and devastated by that particular far-north Queensland—— pest. Mr Beattie interjected. We have not stopped to think or to take Mr DEPUTY SPEAKER: Order! I am into consideration what has been or could be on my feet. Honourable members will stand happening to the rainforests in far-north still or sit in their places. Standing Order 25 Queensland. Government members would precludes honourable members from cluttering acknowledge that the papaya fruit fly can the gangways of this Chamber. Honourable attack virtually any fruit or vegetable, including members on my left have been disobeying the native flora in far-north Queensland. It Standing Order 25 for a few minutes now. I obviously will affect the regeneration process suggest to those honourable members that of the native forests in far-north Queensland they either return to their seats or leave the and the flora of far-north Queensland in Chamber. It is totally unfair to the honourable general. The pest can do more damage to our member on his feet, who is trying to deliver a unique rainforests than logging, flora very important speech to this House. smuggling and feral animals, but little concern has been expressed about it. There is no Mr SLACK: Mr Deputy Speaker, I am doubt that the Department of Environment pleased that you recognise the importance of and Heritage should have been monitoring my speech. that area for years. It is not the fact that the Following the Cape Melville episode, the fruit fly got in. We accept that it may have got department appointed one of its own senior in, despite how good the staff of AQIS may officers to undertake a review of the be. I know that there have been cutbacks in operations in far-north Queensland. I raise that their numbers and that their work has not matter now for a couple of reasons. That been up to scratch; but despite that, the review occurred following the CJC inquiry. tragedy and the criminal act was that the Following the announcement of the CJC necessary monitoring of that area was not inquiry into what is commonly known as the undertaken in order to preclude or immediately foxtail palm affair, the Opposition called loudly detect the introduction of pests or and clearly for an extension of the terms of diseases—whether it be the fruit fly, screw- reference of that inquiry. worm fly, rabies, foot-and-mouth disease or I pleaded for an extension of the terms of any other devastating disease. What have we reference of that inquiry, not so much in heard from the Minister about this? Not a relation to the accusations being made at the thing! time about people involved in that affair but Mr Bredhauer interjected. because the Opposition believed that that region of north Queensland was wide open to Mr SLACK: I am not surprised. the introduction of pests and diseases. We Government members would appreciate that had been informed that smuggling was the cape area is open to intrusion. I realised occurring and that proper surveillance was not that when I went to Cape Melville. We could occurring within the area. I recall trying to tell have just gone in there in a boat. We could the Chairman of the CJC that the area was have come from New Guinea, where the fruit vulnerable to pests and diseases such as fly is present in the rainforests. We could have screw-worm, rabies and foot and mouth dropped bananas there, and the fruit fly could disease. Another pest which I did not mention have been in that area for years; we do not specifically at that time—but my comments know that it has not been. It might already be were designed to embrace all potential in those rainforests. risks—was the papaya fruit fly. That was why In the report that I referred to earlier, Ian the Opposition called for an extension of the Gall found that existing national parks in far- terms of reference of that inquiry. We north Queensland were starved of staff, capital expressed our view in writing. works and operational funding. Mr Gall said in What has happened since? The possible his report that the 1994-95 budget for the devastating effect of pests or diseases on the Cape York region was so small that it could northern rainforests was not addressed. They not meet wages for current staff; that there are not being addressed at present because would be a projected shortfall of $93,569 on of the introduction of the papaya fruit fly. the salaries budget, while a further three There is no question about that. Farmers in positions were being held vacant due to lack my electorate are petrified of the papaya fruit of money. The operational budget was fly spreading to the Bundaberg area. The insufficient to meet even minimal standards of horticultural industry in the Bundaberg region management and would suffer a shortfall of is worth $100m. That industry could be $103,200. It highlighted the shocking neglect Legislative Assembly 919 2 November 1995 of the Goss Labor Government of essential that area is booming, and the traffic on that management in the far north, and I am not road is booming. In common with many other particularly surprised that the fruit fly has been people, for ages I have been pressing for the able to come in under those conditions. As I upgrading of that road. Admittedly, some said, for all we know it could be rampant within money is being spent on it, but not nearly those rainforests in the far north. enough. Several fatalities have occurred on Yesterday's Courier-Mail reported that that road, and many of the accidents along scientists from the CSIRO, in a report yet to be that stretch of road are not even reported. This released, have identified 774 rare or is so big an issue in the area that it is threatened flora species in the Cape York acknowledged that the local shire council peninsula. As all members would realise, that cannot afford to pay for the sealing that is obviously means that those rainforests and required. For the job to be done properly, species of flora are under threat. What have Transport money needs to be allocated for we heard from the Government on this appropriate contractors to finish the road. particular issue? Nothing! In reply to the There are no ifs, buts or maybes; that would debate on the Appropriation Bill, I challenge be the sensible approach, but it has not the Treasurer to tell the House just how much happened. money is being allocated to the Environment Recently, the local school conducted a and Heritage Department to upgrade its competition seeking letters describing the way services within far-north Queensland so that its children and adults in that area felt about that officers can do some monitoring within the road. I would like to read two of those letters. national parks. Many national parks have no One is from a 13-year-old, who describes the officers at all. situation. Her name is Linda Baker from 18 Round Hill Road, Agnes Water. The letter When one looks further into this matter states— one realises that the cape region is a big, vast, empty area and that monitoring stations are "Dear Sir/Madam, needed along the coast. Maybe we should My name is Linda Baker and I live at consider employing a coastguard, like the 18 Round Hill Road, Agnes Water and I Americans have. It is no use having a system am thirteen years of age. I am writing as I of patrols that works like clockwork, inspecting am concerned about the condition of the the same sections of the coast at the same road which I travel over for two hours on time every day. Smugglers who enter this the school bus every day. It sometimes country from other areas could carry with them takes longer if we have wet weather. I flies that carry disease. Government members have even had to stay home from school should not consider this issue to be for almost a week because of the road's unimportant; because if any other pests or condition. diseases—with the exception of the papaya fruit fly—enter north Queensland, that will It is a right to be educated but a risk make the economy of that area and its social to travel these roads, not only after wet structure fall apart. weather, but in general. Mr Veivers interjected. Agnes Water is a fast developing area and the roads are not up to the Mr SLACK: As the member for standard needed to cope with the excess Southport said, Australia could well be under traffic. threat. A number of accidents have occurred Perhaps this debate will engender some relating to the road's condition. Some action, so that better precautions are put in have been fatal, others have been place and there is better publicity, so that fortunate to survive. people are aware of those diseases and can detect them. We need better publicity so that A local bus carrying school children the diseases can be monitored, and we need has already had a very bad accident. a system of reporting them if they do enter Some of the causes have been loose that area. But basically, nothing like that exists gravel, slippery surface, sharp crests and at present. narrow roadways. I turn to another issue concerning my I think that something should be electorate, namely, the road into and out of done about this road before yet another Agnes Water/1770, which is mostly a gravel life is lost. road. That is a very pretty and beautiful area Yours sincerely, Linda Baker, A that is attractive to tourists. The population in concerned student." 2 November 1995 920 Legislative Assembly

In conclusion, I will read a letter from away from the local ambulance centre to a Andrew Clydsdale— regional exchange or Brisbane. In a small rural "My name is Andrew, I am 6 years community, the ill person or the stressed old, and this is my first year at school. relative wants to ring the local ambulanceman, Mum wrote this, as I said it. who they know is familiar with the locality and can respond quickly and effectively. It upsets me to wait for my bus when Historically, the ambulance has been available cars and trucks zoom past and cover me to old or infirm citizens for visits to and from in dust and stones, and the dust goes in the hospital—some affectionately call it the my eyes. granny run. This service, which would be a I feel bad and in danger on the relatively small cost to the Ambulance Service, school bus because it is holey and stony was of great comfort to older citizens, but in and dusty and the bus sometimes slides. Gladstone it has now been stopped. Recently, The road is dangerous at the front of several incidents occurred in which elderly my place, because there has been 2 men patients, who historically had been transported killed here. by ambulance, were left on the footpath outside the hospital waiting for taxi transport. I hate this road—I wish it was tar." Purported savings that significantly diminish The letter is signed, "Andrew Clydsdale". I will services are not acceptable to the community. leave honourable members with that letter, Similarly, concerns continue to grow at the because it sums up a situation that needs cuts to police services in our area. The addressing by this Government. Andrew is six Gladstone/Calliope region has been marketed years old. He travels on that bus for a journey not only across Australia but also in many of two hours. parts of the world as the industrial capital of I refer once again to the papaya fruit fly this State. This marketing has resulted in problem in far north Queensland. The problem industrial growth and subsequent population needs addressing. The Opposition is serious growth. Part of the appropriate control of that about it; it is not a joke. growth is adequate policing to ensure the Mr DEPUTY SPEAKER (Mr confident and quiet enjoyment by the Palaszczuk): Order! Before I call the community of their environment. At honourable member for Gladstone, I would Boyne/Tannum, where the Boyne smelter third like to recognise in the gallery the students potline is under construction and population from the Hope Vale State School north of peaks are expected and, indeed, occurring, Cairns and welcome them to the Parliament of the police presence had been reduced from Queensland. four to three. With time off for holidays, sickness, training and court appearances, the Mrs CUNNINGHAM (Gladstone) Boyne/Tannum Police Station is effectively a (3.21 p.m.): Welcome—it is lovely to see you two-person station. Such downgrading would all. not occur in the south-east corner as that The most common barometer used by a would be politically untenable. Similarly, local community to measure the value and because of a lack of numbers the Gladstone effectiveness of Government financial policy is police officers face great difficulty. the expenditure that people see for the Similar downgrading has occurred in fire provision of infrastructure and services to their services at Tannum where, upon his own area. Unfortunately, over past years, the retirement, the one full-time fire officer was not people of Gladstone have felt they were not replaced. This town is now manned by an seeing sufficient return to their community for auxiliary fire service. I acknowledge that this is their dollars. The central Queensland region is creeping departmental policy. It has not, both resource rich and industrially strong. however, been accepted by the community. Given that people see the great wealth Currently, in Gladstone, the full-time firemen generated in their area and such information are working to rule in protest at an order reinforced by Government and non- recently given that their second appliance will Government visitors to the region, is it any be manned by auxiliary firefighters. They are wonder that they are frustrated as they see currently negotiating with the Fire Service service provision diminishing or being slowly Commissioner on this matter. Again, such a eroded? It is the small services—the individual standard of service would not be accepted in services—that people notice most. Brisbane. I hasten to add that the full-time In what is stated as an effort to make firefighters accept the role and expertise of ambulance services more efficient, ambulance auxiliaries, but they also recognise that calls are now diverted through the 000 number part-time firefighters who do not have the Legislative Assembly 921 2 November 1995 benefit of the level of training of permanent Minister is not in the Chamber, but I look officers will not always be the best for certain forward to his early decision that reflects the fire scenes. Gladstone and Calliope are home community will. Because no other space is to significant chemical and heavy industrial available, some music students in Gladstone plants. Fire in those plants demands have their music lessons in a State school specialised fire-fighting skills. Again, our staffroom. These situations must be residents deserve the same consideration as addressed. those living in the south-east corner. In all areas, roads are the lifeline of The Honourable Peter Beattie visited development and production. The Bruce Gladstone recently to speak with members of Highway is being upgraded, and for that we the medical profession, both Government and are appreciative. Two other main roads in the private practitioners. area are desperate for upgrading: Monto Mr Nunn: Did he make sense? Road and the Dawson Highway. Both roads are vital to primary production in the region Mrs CUNNINGHAM: Yes. Medical and are also significant links to heavy industrial services have deteriorated to critical levels. We production areas. I invite the Honourable have a medical catchment area of 40,000-plus Minister for Transport to visit and inspect those people. The hospital has no gynaecological or roads whenever he wishes. paediatric specialists, and no specialist physician. The eye specialist has ceased his Although we may be dealing with the regular visits. The only visiting specialist is a macro finances of the State in this Bill, people psychiatrist. Dental services are strained. judge the Government more by those micro Minister Beattie has said that he is issues. I reiterate that we in Gladstone have a investigating ways to improve the situation. dynamic community. It is a growth centre and Such improvement must occur as a matter of generator of great wealth for both the State priority. I have anecdotal evidence of and the nation. The people see the dollars significant health risks to the community, and that are expended throughout the State. They not because practitioners in the region are not see the dollars that they generate in their area doing a good job. Quite the opposite is the and ask the question, "Why can't more be case. The doctors and other health-care expended to address these serious providers are doing an excellent job, but problems?" resources are past the point of just being Mr DEPUTY SPEAKER (Mr strained. They are desperate for professional Palaszczuk): Order! I call the member for support. I am confident that Minister Beattie Southport. will give us a fair hearing. Mr VEIVERS (Southport) (3.30 p.m.): Throughout the State, education was an Mr Deputy Speaker—— election focus. My region faces significant Mr Beattie: Don't attack the Gold Coast challenges in the provision of educational Hospital this time; be supportive of it. facilities. Much publicity has been given to the desperate need for a high school at Tannum Mr VEIVERS: Let me assure the Sands, and rightly so. We have 400 students Minister for Health that I support that hospital. travelling morning and evening on Benaraby It is just a pity that the Government does not Road, a 100 kilometre an hour highway, at a support it with money. It is $7m down the cost to the Government of over $800,000 per chute, and the Government will not give it any annum. The Minister for Education has now more money. This morning the Minister said budgeted for the new high school. He must that I was knocking the renal unit. What a load make the decision as to the best site. Two are of rot! being considered: Canoe Point and land Mr Beattie: You were. currently held by Boyne Smelters Limited. The company has indicated its willingness to Mr VEIVERS: The Minister knows what negotiate a land swap, with necessary I was doing. Him and his make-up for the adjustments, and has also given an transvestites—$3,100 flicked out the back undertaking to keep Canoe Point in its current door to them from the Minister's department. I state, and the community is asking why the admit that it did not come from the regional decision has not yet been made. The health authority in that area, but it came community has made a clear statement as to straight from his department in Brisbane. I its view that Canoe Point must be kept as an hope that the Minister did not personally have environmental area. The local authority has anything to do with that. given all necessary undertakings to get the Mr Beattie: That's not true, and you high school started on the BSL block. The know it. 2 November 1995 922 Legislative Assembly

Mr VEIVERS: What? That the Minister this State, just as we need them in the cities. put on lipstick? We want a new era in which there is still the Mr Beattie interjected. call of the wild, in which young men and women can still be encouraged to "go west, Mr VEIVERS: Mr Deputy Speaker, I young people". We have to provide the need your protection. incentives for them to do so. Mr DEPUTY SPEAKER (Mr I am sure that the youth of Queensland Palaszczuk): Order! I remind the Honourable are just looking for somewhere to pick up the Minister that lengthy interjections are not mace and run with it. We in this place, whether acceptable in this House. we sit on the Government side or the Mr Beattie: Even if they are intelligent? Opposition side, have to make sure that that Mr DEPUTY SPEAKER: Order! Not happens because our youth are falling by the even if they are intelligent. wayside and it is us, the politicians, who have to do something about it. I do not mean that Mr VEIVERS: Mr Deputy Speaker, I our youth should be looking to walk in the thank you for your honourable protection. I clouds or fulfil impossible dreams. However, tried to answer the Minister very legitimately they should be able to find a place for and he attacked me. themselves in the great new future that we Today I wish to make a plea on behalf of must produce for this great State. At the the youth of Queensland. I want to see them moment I believe that this State is standing offered hope—not empty promises. I want to still. After six years of the Goss Labor see some new goals set so that our youth can experiment—and the word is "experiment", not be encouraged to soar to whatever heights "Government"—I believe that Queensland has they are prepared to aspire to. I believe that become dulled by a Government more the youth of Queensland are looking for a concerned about political correctness than path to a bright new future in which there are ideals. The Premier has talked of visions, but great challenges, ideals and reward for effort. that is all he has done. I think that his idea of Call it a vision for the future or whatever one visions is image making, mirror reflecting, or likes, but it must be a way for our youth to just plain navel gazing. break into new horizons. I welcome yesterday's announcement by The youth of this State want to achieve the Premier that Queensland might become much more than simply sporting goals. Australia's equivalent of California's Silicon However, for those who aspire to future Valley. However, I hope that new project has sporting achievements, let us give them that more luck than those other ones that opportunity. We can no longer allow the doom Queensland has lost. Information technology and gloom to entrench itself among our is certainly an industry in which we can make young. Too many young lives have been some great strides in providing new goals for wasted by frustration and lost hope with or our youth. We should also be preparing our without drugs. youth to go out to the wider world—to the I know that many of our youth are emerging countries—where new talents will be enjoying what life has to offer in this great required as those economies gear up for the State. There are those who are prepared to future. Great opportunities exist in the study and work hard for the State to achieve People's Republic of China, South America, their goals. Unfortunately, despite their efforts, Africa, across the European landscape and in many are thwarted by the absence of the jobs the Asian continent. that they really want. There are too many who I emphasise that I do not mean that we have just given up hope and allowed should export our quality minds. Those people themselves to be thrown on the should receive valuable experience in those unemployment scrap heap or sustain places, then come back and work and get themselves on whatever Government ahead in Queensland. However, we have to handouts they can obtain. give them the incentives to do that, and they I am sure that nobody in this House wants do not have them. No matter what that for our youth. If we are to shake them out Government members say or what I say, of whatever lethargy exists, we must capture those incentives are not there. their imagination, provide them with hope for An Opposition member interjected. the future and the distinctions, job satisfaction Mr VEIVERS: That is exactly right. and monetary rewards that we all seek. We Those incentives are not there, and we have need challenges in the workplace. We need to provide them. We also desperately need those challenges in the towns and villages of something like what was produced when the Legislative Assembly 923 2 November 1995 great Snowy Mountain Scheme came on-line with the best in the world. After all, many of some years ago. It fired the imagination of them have already taken to the world stage. Australia and produced great new talents for I shudder sometimes when I think of this the building of this great country. It also State's preoccupation with gambling. It is good ushered in a new wave of immigration. Many for Government revenue—the Government people who worked on that project later realises that and so does the Opposition—but became leaders in industry and commerce I fear the social cost in the long run. I doubt and their children are now forging ahead. We that it helps our youth to form any great vision want the type of ideas that produced the Story for the future. Bridge, our great industries—particularly our beef, sheep and sugar industries—and, let us Mr Schwarten interjected. not forget, the great tourist resorts of our Mr VEIVERS: Instead of chasing State—something for which previous National people's hard-earned money, we should be Party Governments and conservative firing people's imagination—something that coalitions were largely responsible. the member for Rockhampton cannot do— Mr Bredhauer: Were not. and coming up with great new ideas for building and expanding while at the same time Mr VEIVERS: We were. Queensland protecting our environment from wanton was the first State in Australia to have a destruction and ignorance. tourism development corporation. The Queensland Tourist Development Corporation Many areas of the State suffer from the was the first such tourism development modern problem of homeless youth. It is corporation in Australia. So the member found in the cities as well as the towns, where should not tell me that the previous National disenchanted youth, sometimes mistakenly, Party Government and coalition Governments search for their own truth and direction. It is a were not leaders in that respect. very sad thing. It is apparent on the coast and in Brisbane—I believe that it is a sort of Mr Bredhauer interjected. disease which is spreading and about which Mr VEIVERS: The member should stick we have to do something. It is not an easy to the Gulf Country and look after the papaya challenge for any Government. People on the fruit fly, because he has not done it. He has other side of the House ask what are we gone soft. doing, yet they are in Government. We want to produce something more Mr Schwarten: What is the answer? than just a Rugby League or Rugby Union Mr VEIVERS: I have just said that I do team to win a World Cup, or a cricket team to not know the complete answer. Does the win the Ashes, or swimmers or athletes to win member? Perhaps it is the ease of living over gold at Olympic and Commonwealth Games. I the past 15 to 20 years and the breakdown of am not saying that we do not want to see our family units. All those sorts of things—not one young people achieve such sporting goals. thing—have had something to do with it, but However, we want some of that hard work, not entirely. Maybe it is something to do with initiative and endeavour to be put into the politics and politicians—I do not know that, pursuit of cultural and business paths which either. I hope it is not, but sadly I have a fair will lead this State towards an exciting new era idea that it could be. of development, progress and prosperity. We want our youth to have the wins on the As I said, not all our youth take this sporting field stacked up alongside the wins in course. For example, has anybody in this industry and commerce. place ever realised the great value of the Queensland surf lifesaving movement and There are new goals to be attained in how it has been successful, probably more movie production and in all forms of new than any other organisation, in keeping youth technology and manufacturing. I refer, for off the streets? It provides excitement, example, to the educational aids and challenge, initiative and incentive for young technology that are now being exported to people, as well as a venue to mix, work and other countries. We should be seeking new play under the jurisdiction of very responsible goals in the music and entertainment fields for senior people. We need more of that sort of our youth. In fact, we should be seeking those approach in the community. goals in every facet of cultural endeavour— theatre, films and the arts. Anybody who has Hope is what we must offer youth, but we had the opportunity to see some of the talent should not hand it to them on a silver platter. exhibited in recent years in Australia, We must encourage them to work hard for particularly in Queensland, would know that we their goals, promise them incentives if they have many young people who can match it make it and assist them on the way. So let us 2 November 1995 924 Legislative Assembly all put our thinking caps on to come up with I table a Queensland Transport letter ideas that can fire this State up again for our dated 22 December 1994, written by the youth. If we do not, we will definitely slip further Director of Passenger Transport, Mr Greg into mediocrity. Goebel, and forwarded to a bus company, Mr JOHNSON (Gregory) (3.42 p.m.): In outlining requirements for a commercial rising to speak to the Appropriation Bill (No. 2), service contract for scheduled passenger one thing I would stress at the outset is the services. This letter outlines the requirements lack of vision of this Labor Government over in terms of a five-year contract and concludes the past six years. In that time, I cannot see by stating— one piece of infrastructure that has been put "For clarification of any aspect of this in place, or anything of vision initiated by this invitation or for further information, please Government, which will create employment or contact Mr Wayne Patch, Acting Principal any type of industry development for this Manager (Industry and Regional Liaison) State. on 07-253 4704." Various pieces of transport legislation It goes on to list the writer's phone number as have been introduced by the Honourable well. David Hamill, the Honourable Ken Hayward It is common knowledge among bus and the Honourable Jim Elder, but I wish to service proprietors that late last year and early refer particularly to the Transport Operations this year, Mr Wayne Patch, Mr Goebel and (Passenger Transport) Act of 1994. Changes another Queensland Transport officer were have occurred in Queensland bus services as closely involved in overseeing the letting of a result of the Government's rationalisation these bus service contracts. As part of this process. I have grave concerns that, while the process, they travelled throughout the State implementation of the Transport Operations talking to bus proprietors. Consequently, the (Passenger Transport) Act 1994 has given the Minister should have been aware of Mr Government the means to promote extra Patch's involvement in this area, considering services, there seems reason to doubt that the that the bus service changes have been one final result may not match the rhetoric. In this of the key initiatives of the Transport portfolio regard I suppose time will tell, but I can assure undertaken recently. the House that it is difficult to legislate for a market that may not come up to the I now table a letter dated 3 October 1995 expectations that have been expressed. and signed by the chairman of Transit Australia, Harry Blundred, which points out A disturbing aspect of the implementation that the company has established an office in that I have found in talking to bus operators is Brisbane. It also states that Transit Australia the dubious nature of the involvement of a had contracted a firm called Transport former senior Queensland Transport officer, Consulting Services Proprietary Limited to who is now virtually acting as the chief provide general management support to executive for the company Transit Australia, Transit Australia. That letter states— the company that won many of the bus service contracts. On 20 October, I asked the "Much of that support will be Minister for Transport about the integrity of the provided by the managing director of tender process and the involvement of this Transport Consulting Services, Wayne official in the contract process. The Minister Patch, who has had extensive senior replied— management experience in the public sector and has had an excellent "The fellow was not involved in the understanding of passenger transport and contracts." of Transit Holdings' achievements in He said later in his reply developing bus services in the United "I am not aware of any involvement Kingdom." and my understanding is that the person It further states— was not involved." "Mr Patch is authorised by the Board The Minister for Transport has misled this of Transit Australia to act on its behalf on House, and I will table the documents which all company matters." illustrate that. I recognise that the involvement Therefore, Mr Patch has gone from being of this officer in the process predates the involved with other senior Queensland Minister's appointment to the portfolio, but that Transport officers in letting contracts for the is no excuse, because considering its new bus services to effectively being the importance he should have been briefed on senior manager on the ground in Queensland the issue. for the company which was successful in Legislative Assembly 925 2 November 1995 taking over many of the bus licences and, I virtually high and dry after two other might add, at the same time sending many companies took over his licence area. He was other good operators in Queensland to the left with nothing—no compensation. That is wall because of this poor piece of legislation. hardly an equitable state of affairs! I have previously called for an Mr Hayward: Are you saying that was a independent audit of bus licence tenders, and good service? I repeat that call today. It all seems a bit too Mr JOHNSON: I hear the former cosy and cute for my liking. I think this is Minister for Transport interjecting. something that the Criminal Justice Commission, or at least the Public Accounts Mr Hayward: Are you saying they had a Committee, should examine and investigate. decent service in Cairns? Did Mr Patch have a closet conflict of Mr JOHNSON: There were professional interests while acting in his former capacity operators in that area who could have with Queensland Transport? How did he operated those services. The Minister knows acquire an "excellent understanding" of Transit that when he was in the box seat he let those Holdings' achievements in the United other blokes in through the back door. Kingdom? Why was such information gained Opposition members suspect that the former at the taxpayers' expense? What are the Minister for Transport has egg on his face over credentials and track record of Transit Australia this issue. Until we find out exactly how Wayne that has made its offers to take over bus Patch got that job and how Transit Australia service contracts so attractive? After the came onto the scene, we will apply the heat to Transport Minister explains why he misled the the former Minister. House, those are some of the questions I Mr Hayward: You apologise. would like him to address. Mr JOHNSON: I will apologise to There are some other aspects of the bus nobody. Government members are the ones service rationalisation I would like to address. in the hot seat. Many existing bus proprietors, when I wish to address briefly a couple of other confronted with the additional service issues. In the Transport Department Estimates requirements on their runs, assessed them as of 1994, the then Minister, the Honourable being non-viable or only marginally viable and David Hamill, made reference to what he let them go. It will be interesting to see how envisaged would be the future number of staff Transit Australia fares over time with the extra employed by Queensland Rail. When this services on these runs. Experienced bus Government took over, some 22,000 people operators are already tipping that there will be were in the employ of Queensland Rail. a marked slippage in the services that are Today, that figure is about 15,500 and on the advertised and what are actually provided in decline. During the hearing on those Budget due course. Estimates in 1994, the Minister said that he The Treasurer may also be interested would like to see a figure of some 6,000. What enough to explain why some proprietors who we are going to see in this State is the total sold their bus licences to Transit Australia decimation of Queensland Rail; but this Labor received a bill for stamp duty from the Office of Government professes to be the friend of the State Revenue. Perhaps the former Minister workers of Queensland Rail. It has sold out for Transport would like to answer that also. In Queensland Rail. Queensland Rail is in a some cases, these bills ranged between no-win situation. The position is untenable. $50,000 and $60,000. When the bus Let us consider the issue of railway proprietors, as vendors, refused on legal workshops. There are now 724 personnel at advice to pay the duty and the due date the Ipswich workshop. The Honourable David passed, it was suddenly found that the stamp Hamill, now the Minister for Education, wants duty had been paid. The curious thing is that to close down that facility and build a university the word in bus circles is that it was met from campus there. He would wipe out that the Government's coffers as a form of ex workshop. He would meld it in with the one at gratia payment, rather than being paid by Redbank, where there are 333 men. A lot of Transit Australia. I would appreciate the those personnel would lose their jobs— Treasurer's clarification of this issue. What probably some 400 of them. The former financial assistance, if any, has been provided Minister knows that. The situation is grave, to Transit Australia by the Government to and the position is untenable. Those people assist it in its takeover of bus routes? deserve to have a career. They are doing a Other instances require explanation, such magnificent job at the Ipswich workshop. The as how a bus operator in Cairns was left Government does not stand up for the worker 2 November 1995 926 Legislative Assembly anymore. The coalition is now the workers' whatsoever on the merits of or justification for friend. We will listen to the workers of this the massive ask in that Bill. How can State and respond to their needs. honourable members possibly be expected to Mr Hayward: You would contract out. approve appropriation of over $5 billion above the approved Budget figures without Mr JOHNSON: Look at the situation in summarised details? The fluffy window- Townsville. Currently, 262 people are dressing in the Treasurer's speech does not employed in the Townsville workshops. Only contain enough information to justify an outlay five minutes ago, over 1,000 workers were of $5 let alone $5 billion. It is an insult to the employed there. However, thanks to the vision intelligence of honourable members. It adds of this Government, that facility will be wound yet another example to the pattern of down. Those workshops were worth in the meaningless chatter from the Treasurer on vicinity of $15m to $25m per year to the matters of fundamental importance to the economy of Townsville. That money has gone. good stewardship of funds for which our That is what the Government thinks of constituents work so hard. Townsville. It is no wonder that the Government lost nearly three seats there. I will As to the Treasurer giving proper and full give the Government the mail: when the time account—I am sure that the computers could comes, the Opposition will make sure that the tally and categorise those financial figures by Government loses those seats. We will once mid July 1995. A glance at the Treasurer's again make the Townsville workshop the great Annual Statement 1994-95—the little white workshop facility of north Queensland that it book—shows us that many of the reports were should be. That workshop will provide for the dated late August through to mid September western, northern and southern lines—the 1995, yet we received the report six weeks workshop's true agenda. The former Minister later—only two days ago. The Leader of the did nothing about trying to preserve that House then called on this debate the very next facility. day, and he has now managed to succeed in gagging that debate. Members on this side of Another issue that I wish to touch on is the House were airing many examples of the Queensland Transport's road infrastructure unwise spending which the Treasurer wanted plan. Queensland Transport has the tendering to leave under the carpet and put behind him advantage on contracts. In a lot of cases, it is with the passing of this Bill. We have been tendering up to $1m and $2m under its gagged. closest rivals. In relation to the past six contracts tendered in Toowoomba, Section 25A(1) of the Financial Queensland Transport has won every tender Administration and Audit Act 1977 requires the against private enterprise. Private enterprise Treasurer to prepare and show us these operations right throughout this State are reports "as soon as practicable after the end being affected. Local government is also of the financial year". Here we are, 125 losing out. This Government is the scourge of days—a third of a year—later having the wool local government. It is driving local pulled over our eyes. This is not open and government to the wall. Until the transport accountable Government. The Financial infrastructure legislation is revised, we will see Administration and Audit Act of the previous the total decimation of local government and coalition Government outlines some big contractors throughout this State who have procedures to be followed in regard to done great work in the past. unforeseen expenditure. Section 25(1) of that Act permits the Governor in Council to That situation applies not only in authorise unforeseen expenditure in advance Toowoomba. The list goes on. Yandina is of appropriation if the Treasurer recommends another place that has been affected; it. We have been given no information about Waterford is another. Time does not permit the history of these expenditures—none me to elaborate further on these anomalies whatsoever. There is no summary of the main within the Department of Transport. This reason for the expenditure, although one Government has no vision and no would expect that the Treasurer would have understanding of the real needs of had a ready-reckoner list of such requests that Queensland. My colleague the member for could be brought out and laid before the Mansfield has only five minutes within which to House. After all, he persuaded our esteemed express some of his points of view, so I will Governor to approve those expenditures. conclude my remarks. Instead, we have the Treasurer's Annual Mr CARROLL (Mansfield) (3.56 p.m.): Statement 1994-95—tabled two days The Treasurer's second-reading speech on ago—the debate on which kept us busy in this Appropriation Bill (No. 2) threw no light House until the early hours of this morning. Legislative Assembly 927 2 November 1995

No-one has had enough time to digest it. Of Third Reading course, the document is not presented Bill, on motion of Mr De Lacy, read a third attractively; it is not easy to follow, even for time. one with my academic qualifications or practical experience. The least the Treasurer could have done was lead us through those, COASTAL PROTECTION AND preferably by reference to a briefer summary. MANAGEMENT BILL Instead, his accountants have taken full rein Committee and been left to show why they are not out there in private practice fighting for a living to Debate resumed from 31 October (see make reports readable. p. 769). For example, the Consolidated Fund Hon. T. A. Barton (Waterford—Minister for receipts at 2.4.2 of that document are Environment and Heritage) in charge of the categorised, but not on any basis enabling Bill. comparison with the departmentalised Clauses 1 to 6, as read, agreed to. statement summarising issues at page 78. Clause 7— This House is asked to consider approving unexpected outgoings of $5.185 billion. The Miss SIMPSON (4.04 p.m.): When we Financial Administration and Audit Act further look at the definition of "coastal management" requires that the Auditor-General shall in clause 7, we find that it includes "the examine and certify whether or not the protection, conservation, rehabilitation, expense was "made according to law". The management and ecologically sustainable Treasurer seems to take a gleeful leap in logic development of the coastal zone". There is no to claim that this House should then rubber apparent problem with the words "protection, stamp that year's financial administration by conservation, rehabilitation or ecologically slipping this Bill through the House. He says sustainable development", even though they that the Bill is therefore technical in nature. He are not well defined. But if we put these is going to regret those words. appealing little words aside and re-read this provision, the definition states that— Honourable members need to remember that the Auditor-General's certificate is not "Coastal management includes required to make—and, in fact, does not management . . ." make—any judgment on the wisdom or The word "management" is not further otherwise of the spending. Full and informed defined. This is very imprecise and, I believe, debate on these issues would be a very dangerously open to abuse in light of later helpful supplement to proper budgeting closer provisions in this Bill which give extraordinarily to the actual spending and before approval is wide powers to the chief executive officer—for given. Only with that would we ever have a example, if he or she decides to stop an chance of training a Treasurer to be more activity which they deem to have significant responsible in those earlier recommendations effect on coastal management, remembering to the Governor in Council, otherwise the that the definition of "coastal management" is matter of expenditure of revenue on special broader than for environmental concerns and items is never seriously questioned; instead, is undefined. focus is upon policy issues in a vacuum. Then Management is about control. If the next year when the Budget is considered and Government is to legislate a management Appropriation Bill (No. 1) presented, debate plan, it is in effect taking away some of the focuses on the esoteric variations between the ability of land-holders to make these unexplained actual figures recorded for the management decisions for themselves on how year and the rubbery numbers recommended they control their land. What this Bill is about is for the coming year. deciding that Government should take over Time expired. some of the management rights that Mr SPEAKER: Order! The time for the land-holders currently exercise. I do not argue second-reading stage has expired. that there is not a valid case for Government to reasonably legislate for the protection of the Motion agreed to. environment upon private land, because there is. However, this must be cautiously balanced Committee with due regard to a citizen's rights, liberties and obligations. Any power that is delegated Clauses 1 and 2 and Schedule, as read, to bureaucrats in this regard must be agreed to. sufficiently well defined as well as being Bill reported, without amendment. subject to appropriate review. 2 November 1995 928 Legislative Assembly

I do not believe that the powers in this This is a motherhood statement. This type legislation, as they affect people's existing of statement is part of most legislation. For the rights and liberties, have been sufficiently well member for Maroochydore to be critical of this defined. If these powers are not well defined, clause signals the attitude of the Opposition how then can the exercise of these powers towards this Bill. It wants to protect the also be appropriately reviewed? They cannot. short-term interests of the individual land- As a result, this legislation fails to fulfil holder rather than fighting for the long-term fundamental legislative principles outlined in preservation of our coastline. That has always the Legislative Standards Act. As night follows been the attitude of members opposite. day, there will be abuses of the Mr BARTON: I will not belabour this implementation of this Act way beyond the point. The comments by the member for very laudable stated aims. Maroochydore would have been more As the coalition has stated, we all support appropriate to the second-reading debate, at appropriate coastal protection and planning for the conclusion of which the Opposition voted the sake of our beautiful Queensland in support of the Bill. The definition of "the environment. But as a parliamentarian, it coast" under this legislation is very clear. This would be remiss of me not to sound the Bill is about coastal management. I do not warning bells about the way this Government intend to make any more comments on that, is increasingly putting umbrella legislation other than to highlight the differing views before the House that delegates great powers expressed by Opposition members during the for yet unseen regulations and to the public second-reading debate. Some wanted the servants who implement them. definition of "the coast" to be very narrow; some wanted it to be so wide as to take in the It remains to be seen whether there will entire watercourses of all rivers that feed to the be enough time to sufficiently debate all the coast. I believe that that would frighten the clauses of this important legislation, as the living daylights out of the development Government has moved to gag debate on it. industry. The definition of "the coast" is clear, There are a number of other matters on which and I stand by it. I will be seeking clarification, particularly where Mr FITZGERALD: I object to the compensation will not be paid for rights taken suggestion by the Honourable the Minister away from land-holders for existing use and that because the Opposition did not vote as-of-right use. I will be raising those matters against the second reading of this legislation later. we have forgone our right to disagree with any Mr D'ARCY: This is a motherhood of the clauses. That is a fundamental clause. It is typical that the Opposition should parliamentary principle. Just because we did raise the types of matters that the member for not oppose the second reading of the Bill Maroochydore just did. It reminds one of does not mean that we cannot disagree with a everything that the Bjelke-Petersen National certain definition. We reserve the right at all Party Government did during the time that it times to do that. was in power. It reminds one of Sanctuary Clause 7, as read, agreed to. Cove and all the other developments that Clauses 8 to 11, as read, agreed to. went broke—the Mirage resort—— Clause 12— Mr FitzGerald interjected. Mr SLACK (4.10 p.m.): I move the Mr D'ARCY: The Opposition claims to following amendment— be protecting the rights of land-holders in "At page 11, lines 17 and 18— certain areas. It is not. omit, insert— The point is that this is a motherhood '12. "Ecologically sustainable statement which can be found in every piece development" means using, conserving of legislation. For the member for and enhancing the community's Maroochydore to make such hypocritical resources so that ecological processes on statements in speaking to this clause reflects which life depends are maintained and everything that the National Party stood for. the total quality of life, now and in the The highly degraded state of the coast of future, can be increased.'." Queensland is due in no small measure to the policies of the former National Party Clause 12 states— Government. It was that party that destroyed " 'Ecologically sustainable the mangroves and the many other natural development' has the meaning given by features of this State which the Labor Party the National Strategy for Ecologically has fought for so long to protect. Sustainable Development." Legislative Assembly 929 2 November 1995

My amendment seeks to change that Further, to incorporate the entire definition to my understanding of what the document would in practical terms increase National Strategy for Ecologically Sustainable the size and the cost of the legislation Development means. I move this amendment significantly. The national strategy—and I hold purely for the sake of clarity so that the term in up a copy—is a fairly substantial document to clause 12 can be understood by the layman. I incorporate into an Act, although I accept that note, and I am sure the Minister notes, that the Opposition's amendment is to incorporate the parliamentary Scrutiny of Legislation only that definition, not the entire strategy. Committee referred to this particular clause However, I feel that that would lead to and the need for the lay person to be able to potential inconsistencies. I have to say that my understand it. We in the Opposition can see advice is that the national strategy document no reason for not including the full definition. I is readily available from the Commonwealth have had personal experience of trying to Department of Environment, Sport and obtain a copy of this document. I deliberately Territories and that copies of it are held at asked the library the other day for a copy of public libraries, where it can be accessed very the National Strategy for Ecologically readily. I do not propose to accept the Sustainable Development document, and it Opposition's amendment. did not have it. It is not readily available to the Mr SLACK: It is not a matter that the lay person. Opposition is going to divide on, although I Recently, I had a call from a well-known have some difficulty in accepting the Minister's councillor—I will not say from where—asking explanation. I do not see a problem in for a copy of the same document. The including the relevant section from that document is not readily obtainable, so the particular document that outlines what is definition is not readily obtainable. We believe stated in this clause of the Bill which states— that it would be much more appropriate for the ". . . has the meaning given by the definition to be included in the Bill. This is a National Strategy for Ecologically fundamental issue that relates to many terms Sustainable Development." that are used when we talk about the environment. Many people in the community For reasons of clarity, the Opposition believes do not understand those terms and what they the full definition should have been included. mean. Most members of this House may Might I say that the Opposition wishes to understand the terms, but I believe there move 20 amendments to this Bill, all of which would be some members who do not. I can are to us very important. Some of those issues remember terms such as biodiversity being have been raised by the Scrutiny of used by people who, when I asked them the Legislation Committee and others we have meaning, did not know it. I am referring not raised ourselves. Obviously, if it is going take only to lay people. I have asked that question as long as it has to get through this of people who one would have expected to amendment, we will not be able to move all of have known and they have not known. those 20 amendments in the time now allocated to this Committee stage, which is a Often, it is taken for granted that when we condemnation of the Government for moving use these terms in this place the people in the the motion carried by the Parliament. community will readily understand them, but they really have no idea of their true meaning. Amendment negatived. For the sake of clarity and for a better Clause 12, as read, agreed to. understanding of environmental issues, I feel Clauses 13 to 16, as read, agreed to. that the terms should be clarified. Clause 17— Mr BARTON: I also acknowledge that this was one of the issues raised by the Mr SLACK (4.16 p.m.): I move the Scrutiny of Legislation Committee. There are following amendment— two reasons why I do not propose to accept "At page 13, lines 20 to 24— that amendment. Firstly, the Government omit, insert— believes that the national strategy is a strategy and that to simply lift the definition from it does '17(1). The advisory council consists not adequately incorporate the principles and of— goals that form part of it. Secondly, to change (a) the chief executive; and the definition here would mean a potential (b) the following members inconsistency with the objectives of the Bill, appointed by the Minister— which are stated in clause 3, as that clause refers specifically to the national strategy and (i) 2 representative of State not a part of it. government; 2 November 1995 930 Legislative Assembly

(ii) 3 representatives of local of this House. Let me make the point quite governments; clear in respect to that issue. I am sure that all (iii) 1 representative of property members of the Opposition recognise that owners; Lesley Clark—the former member for Barron River—is a person with qualifications She is (iv) 1 representative of someone in whom I have some confidence conservation groups; and faith. However, that is not the point; the (v) 1 representative of primary point is that for the former member for Barron and secondary industry; River, who has just been defeated as an ALP (vi) 1 representative of the member for that area, to be appointed to an fishing industry; important position straight after her defeat smells very much of political cronyism to me. (vii) 1 representative of There is no doubt that, if this amendment Aboriginal and Torres Strait were carried, the public would have more Islander interests; confidence in the advisory council. To have (viii) 1 representative of tourism effective management requires public interests. confidence in the body that oversees the '(2) At least half of the appointed functions of coastal management. members must be resident outside I am aware that the Minister will say that Brisbane City Council area.'." the former Beach Protection Authority was Clause 17 states— made up of a majority of public servants. However, the powers of this body are far more "(1) The advisory council consists of wide-ranging than those provided in the former the chief executive and 11 other beach protection legislation. members appointed by the Minister." Mr Barton: So you acknowledge that? Honourable members should note that all members are appointed by the Minister. It Mr SLACK: Yes, they are far more wide- continues— ranging. Because of the role that it plays, members of the Opposition do not believe that "(2) The appointed members must it should be overweighted with public servants. include representatives from the We also believe that it should be community recognised for their representative of the regions. We should avoid experience in, and knowledge of, coastal a situation in which the majority of members zone management." could come from the Brisbane area. That is That is fine, however it is not really very why the Opposition is moving the amendment. definitive, particularly when the Minister has a Mr D'ARCY: Again, we witness the fair scope to use political patronage if he so Opposition dealing in semantics. When one desires. The Opposition's amendment defines examines the composition of committees that the people that the council should consist of. It operate in an advisory capacity, such as this does not state their actual names but the committee, one finds that if those committees bodies which they represent. As I said, we feel are to have any real input into what is going to that the legislation should be more definitive. happen to the coast of Queensland—in which This amendment seeks to ensure that a we are all supposed to be vitally balance of representation is outlined within the interested—those committees must be statute itself so that the organisations that will composed of people with expertise and clout be affected by this legislation will know that in the fields in which they operate. they will have representatives on the advisory council. There is no question that the Minister Probably one of the best committees that will still appoint the people who are the was established during the period of operation representatives. So that in itself gives the of the previous legislation was established by Minister a fair scope to appoint people who he the National Party in 1969. The members of feels would be conversant with the issues that that committee, a working committee on the they would be dealing with. area between Jumpinpin Bar and the Nerang River bridge, were representatives of the Land The amendment would limit the possibility Administration Commission, the Department of of political cronyism or political patronage— Local Government, the Department of and I am sure the Minister would deny any Harbours and Marine, the Department of actions of that sort. But I notice that he did not Primary Industries, the Co-ordinator-General's deny the suggestion contained in a question Department, the Works Department, the put to him this morning by the member for Department of Mines, what is now the Gold Barron River in respect of a defeated Minister Coast City Council and the Albert Shire Legislative Assembly 931 2 November 1995

Council. Advisory members were the member parcel of the Bill—not just part and parcel of for Albert and the member for Gold Coast. the Explanatory Notes. I would like him to Advice was also given by others. explain why he has dropped that section. That committee brought down Above all, those elected representatives in recommendations which, if the National Party local government are accountable to the had ever followed them, would have saved the people. Other representatives do not have south coast area. One of its major that same accountability. recommendations was for no canal-type Mr BARTON: I think a few points need development which infringed on the mangrove to be made. The member for Burnett raised a swamps or fronted onto the seagrass beds different question again, so I will repeat for him should be permitted in the study area. That what I said this morning. In the case of major recommendation was brought down by appointments, nobody rules a person in or out "Peerless" Peel, the chairman of the before that person's position has been taken committee and the Director of the Department to Cabinet. I am not ruling Dr Clark in or out, of Harbours and Marine. The problem that we and the members opposite will just have to have had in this State is that we cannot get wait and see. I am amazed that on this our own public servants to agree on what matter, for the fourth occasion in the past should happen. A problem goes from one week and a half, people are sticking their department to another department. When the heads up to have them hit, such as Lyn public servants involved in a matter work Warwick has done on three occasions. I am together on a committee and agree on what not going to speculate. In common with should happen, it can happen. everybody else, the honourable member will Queensland would not have the have to wait and see . I think the member is in Sanctuary Coves that the members opposite for a hell of a bloody shock when I announce permitted for financial and commercial reasons that appointment. if the committees had been established along The CHAIRMAN: Order! The Minister the lines recommended in this legislation. An will draw that term. advisory committee needs balance and the Mr BARTON: I will withdraw that Minister can appoint to it people with the unparliamentary term. I must admit that my necessary expertise—in the past, members exuberance got the better of me. opposite used such committees—who can provide the technical information necessary so Mr FitzGerald interjected. that departments and Government can agree Mr BARTON: I am very proud of my on the type of development that should or background as a blue-collar, working-class should not take place along the coast. When person. those people are all in one room together and The CHAIRMAN: Order! The make that sort of decision, that is the sort of honourable member for Lockyer will also decision that Queenslanders need—not the withdraw the unparliamentary term. half-baked decisions made by private interest groups pushing from outside. Queensland Mr FITZGERALD: Certainly, I withdraw. needs the type of advisory committee Mr BARTON: It is not the Government's recommended in this legislation. That is drafting practice to include composition of important for the long-term future of councils into legislation, because to do that Queenslanders. The only way that such a would be to be completely inflexible and not committee can be established is by following allow for any exigencies that may arise. the balanced guidelines of this Bill. To respond to the member for Callide's Mrs McCAULEY: I express my concern comment—she should know full well that about the fact that nowhere does the these days Explanatory Notes can form part of legislation refer to representatives from local the consideration by a court in determining the government. I know that the Explanatory intent of the Legislature as it can the Minister's Notes refers to three representatives from local second-reading speech. If the member for government. I cannot understand why such a Callide—— reference was in the 1993 draft Bill and has been deleted from this legislation. When this Mrs McCauley: You don't mention it in legislation becomes law, I guess the your second-reading speech. Explanatory Notes will go into the bin and Mr BARTON: I take that inane there will be no record of the fact that there will interjection. We issued a press release after be representatives from local government. I the member for Callide issued her press think that is most important. If the Minister is release claiming that I had not mentioned intending to do that, it should be part and local government. I mentioned local 2 November 1995 932 Legislative Assembly government and those appointments a I also repeat for the record that I originally number of times in my second-reading speech came from the north. In all of the adult jobs and I suggest that she go and sit in the corner that I have had, I have had Statewide with a candle and read it and find out for responsibilities. I have spent enormous herself. amounts of time in every area of this State. I understand the need to get a balance that Mr Bredhauer: Hang on, we will have to represents geographical regions as well as get someone else to read it for her. gender and experience. During the time that Mr BARTON: I think that is probably a my ministerial colleagues and I are Ministers, I good idea. We will have someone read it for am very sure that that balance will be her. achieved, and I oppose the amendment that has been moved by the Opposition. Mrs McCauley: You shouldn't indulge in personal abuse. Mr SLACK: The Minister is saying that we have to take his word for it. In his Mr BARTON: If the honourable member explanation, he said that situations could arise indulges in personal abuse, she will get a bit in which he may not be able to follow the back. Explanatory Notes. That is one of the reasons why local government, for argument's The Government has made it very clear in sake—and the Opposition spokesperson for the Explanatory Notes that there will be three local government has made this point—wants representatives from local government. I have enshrined in the Bill the three representatives had discussions with the Local Government which it is entitled to have on the advisory Association of Queensland. They are happy council. with that ratio. It is important that the committee is composed of, as the member for I also take the Minister to task on a point Woodridge said, appropriate people from that he made yesterday in a second-reading across Government departments, because the speech about local government. My planning of coastal areas requires a whole-of- understanding of what he said was that local Government approach. That is why the government supports this Bill. I have not read director-general of my department is proposed anything that states that local government as chair, with three representatives from the supports this Bill. Does the Minister have a Government departments that have the most press release or something to the effect that involvement in terms of land and broad local government supports it? Representatives planning issues related to the coast. I do not of local government have said to me that they propose to accept the Opposition's have reservations about aspects of this Bill amendment, because that would be to and that they would like to see amendments unbalance the committee in another way. We to clauses that they are not happy with, and have very carefully ensured that industry, the this clause is one in particular. conservation movement, fishing interests and In his contribution, the member for so on are all represented in the five people Woodridge referred to the provision in the whom we propose to have representing Opposition's amendment for at least 50 per community interests on the ministerial council. cent of the membership of the advisory council to reside outside the Brisbane metropolitan As to the detailed consultation processes area. I believe that is absolutely fair and that we went through, including consultation in reasonable. I cannot understand why anyone recent weeks about this Bill before it was would say that more than 50 per cent of the introduced—those discussions included bodies representatives of the advisory council should such as BOMA and the UDIA. They were very reside in the City of Brisbane when there are happy with the ratio and the mix of members cities such as Townsville, Cairns, Bundaberg, that is recommended in this legislation. As a Mackay, Maryborough, the south coast—— result of those discussions and earlier discussion with the LGAQ, an additional local Mr Littleproud: What about 1770? government representative was added—as I Mr SLACK: I thank the member for said in my reply to the second-reading Western Downs. I refer to towns such as 1770. debate—and an additional industry person I refer also to the coastal rural areas that will was added. This amendment is an example of be affected by this Bill and from which the Opposition wanting to insert inappropriate members of the advisory council could be information into legislation. If this amendment chosen. There are no ifs, buts or maybes; we were inserted, instead of having a council, we should have equal representation. No doubt would having something more akin to a mass we can get expertise from Brisbane, but we meeting. can also get it from areas outside Brisbane. Legislative Assembly 933 2 November 1995

The other point I raise is the necessity to I have a very good reason for moving this have departmental people, to whom the amendment, because the Opposition believes Minister has made reference, within the that this clause, as it stands within the Bill, is consultative group. There is nothing to not specific enough to give confidence to preclude a person or two persons representing groups which feel that they should be included more than one department, or having the within the regional consultative groups. That responsibility of those departments to liaise message is coming through particularly loudly with other departments or to liaise with a from a major stakeholder, namely, the primary director-general of another department about industries sector, and there is no doubt that the effects of a decision or recommendation other sectors of industry share that view. It is made by the consultative group. In effect, very apparent to the Opposition that the what the Minister is saying is nice and primary industries sector is very confused convenient but, as an argument, it holds little about the proposals in the Bill. Primary weight. The Opposition believes that it must producers are receiving a lot of legislation at continue to support this proposed once which involves many requirements that amendment. affect them. The PEDA Bill is coming down the track; and there is also the ROSS scheme to Question—That the words proposed to consider. People are getting very worried that be omitted stand part of the clause—put; and they will not be included in the formulation of the Committee divided— policy that will directly affect them, particularly AYES, 44—Ardill, Barton, Beattie, Bird, Bligh, their future financial well-being. This is one of Braddy, Bredhauer, Briskey, Burns, Campbell, the reasons that I have moved the D’Arcy, Davies, De Lacy, Dollin, Edmond, Elder, amendment. Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, Hollis, McElligott, McGrady, Mackenroth, Milliner, The Opposition feels very strongly that the Mulherin, Nunn, Nuttall, Pearce, Purcell, Roberts, consultative group must be answerable to the Robertson, Rose, Schwarten, Smith, Spence, people and must be seen to be answerable to Sullivan J. H., Welford, Wells, Woodgate Tellers: the people. If the Minister is appointing that Livingstone, Sullivan T. B. particular group—and obviously will continue to NOES, 44—Baumann, Beanland, Borbidge, Connor, appoint that particular group—people must Cooper, Cunningham, Davidson, Elliott, FitzGerald, have an assurance that they will be Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, represented within the consultation process. If Hegarty, Hobbs, Horan, Johnson, Laming, Lester, the Committee agrees to this amendment, it Lingard, Littleproud, McCauley, Malone, Mitchell, will be a step in the direction of giving the Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, public greater confidence in regional Simpson, Slack, Stephan, Stoneman, Turner, consultative groups. Veivers, Warwick, Watson, Wilson, Woolmer Tellers: Springborg, Carroll Yesterday, the member for Cook raised a The numbers being equal, the Chairman question in relation to the proposal to include cast his vote with the Ayes. elected parliamentary representatives. We are not talking about all elected parliamentary Resolved in the affirmative. representatives within Queensland; we are Clause 17, as read, agreed to. talking about parliamentary representatives Clauses 18 to 20, as read, agreed to. along the coast—those areas that would be affected by this legislation. I do not believe Clause 21— that is unreasonable, because this group of Mr SLACK (4.40 p.m.): I move the people could provide the most widespread following amendment— representation—apart from councillors—on "At page 14, lines 14 to 16— any of the effects of the legislation. It is only fair and reasonable that they have the omit, insert— opportunity to be included within the '21. The members of the regional consultative group. The other question that consultative group must include— arises in respect to this is the size of the areas that we are going to be talking about. (a) all elected members of the Yesterday, the member for Cook talked about Legislative Assembly resident in a region extending from Caloundra to the the region; and border. Are we going to have very large (b) representatives of local regions, or are they going to be smaller government, tourism, regions where people have some direct input conservation, primary and into the planning process? Will they be large secondary industry, and regions with very small groups making remote Aboriginal and Torres Strait decisions which could affect the future Islander interests.'." livelihood of others? 2 November 1995 934 Legislative Assembly

Mr BARTON: I do not propose to accept group in a given community. A lot of people the amendment that has been moved by the with an interest actually have to go to work to Opposition. I think it is very clear—as the earn a living and cannot get along to member for Cook indicated two days ago in meetings. It is not only inconvenient, it is the debate on the second reading of the impossible, particularly for people in small Bill—that members of Parliament are already business or full-time employment. in a very privileged position: they have a On the other hand, elected capacity to put their views forward in representatives are elected to represent all the Parliament; in terms of doing their job, they interests of the community in which they live have the capacity to influence planning and by which they have been elected, unlike decisions, and a great deal of notice is taken some of the representatives who might finish of their views within the community by up on those groups. State Government planning bodies. It would be absurd to place advisory groups and local councils often feel members of Parliament onto those regional that they are overpowered by some decisions bodies as of right. and policy mechanisms. I cite as an example In terms of trying to write in what the the SEQ 2001 process. Local government representation would be—I have already feels that it has to respond to decisions that indicated that it is not a current practice of the are basically being made by public servants, Government, in terms of when legislation is and it is very concerned about that. Another put forward or amended, to spell out what the example would be the suggestions of the exact representation on those types of bodies ROSS scheme, which have caused great should be. I have already indicated that concern, particularly in the hinterland of regional consultative groups will have developing areas. representation from local government, tourism, The member for Cook said that it would conservation, industry and Aboriginal and be impractical for elected members of Torres Strait Islander interests. Parliament to be members of those Representatives may also be sought from the committees. Many of the things that members commercial and recreational fishing industries. of Parliament do and attempt to do are Representation from local government was sometimes impractical, because we tend to intended to include one representative from stretch ourselves very thinly. That is the nature each local government in the region. of the beast, and that is why we are in this job. The regions are going to be fairly flexible, An advantage of being a formal member of but they will not be so large that group such a group would be that one would get the members cannot make decisions about local agendas, know when the meetings were being areas. There are some logical regions of this held and what was to be discussed, and would State, and we have already indicated where receive the minutes of those meetings. we believe the initial emphasis will have to Members would be informed. come from, that is, the tropical coast, the When people in the community are Whitsundays, the Capricorn Coast and the concerned about something that State south-east Queensland coast. There may well Government instrumentalities are doing, who be a region from Caloundra to the Tweed, but do they ring? As the Minister would know, they that is still an area where people can travel do not search through a lot of paperwork to try backwards and forwards fairly quickly. There is to find out who is the relevant community a capacity to have very effective community representative on a particular committee. input and consultation as a result of those Because they are unable to find out, they ring regional consultative groups. Consultation has their local member. It is very important for local been a feature of Government in this State members to have the opportunity to be fully only since 1989, and we are very comfortable involved in and advised of what is going on in with what we are proposing. It is my intention that very important planning process. to reject the amendment moved by the Opposition spokesperson. Amendment negatived. Mr LAMING: I support the amendment Clause 21, as read, agreed to. regarding the inclusion of State Clauses 22 to 45, as read, agreed to. representatives on the consultative groups. Clause 46— There are many interests to be covered in this type of legislation, and the Minister has Mrs McCAULEY (4.51 p.m.): From a outlined various community groups. However, I local government point of view, this is probably do not believe that all community groups one of the most important clauses in the would have an interest in this sort of legislation. I believe very strongly that the legislation, as that would include nearly every department must not have the power to Legislative Assembly 935 2 November 1995 amend current planning schemes. Local given an opportunity to make a submission to government should have the autonomy to do the Minister about the proposed amendment. that. If the department has that power, as it If the local government planning scheme is will under this clause, local governments amended, any land-holders affected by the should be reimbursed for planning scheme change of zoning may apply for compensation amendments costs and any compensation in accordance with the provisions of Chapter 5, claims that arise from amendments, otherwise Part 1. That is included in clauses 86 to 94. I local governments could be left carrying the hope that answers the question that has been can and might find themselves up for a lot of raised by the member for Callide. Very clearly, money. I believe there has been an a degree of consistency must exist across understanding between the department and planning legislation in this State. That is what local government that the power is to apply is intended by the Government. Depending on only within control districts, but that is not the nature of the zone, that is how it will stated clearly. I ask that the Minister clarify this impact. matter now so that the position goes into Clause 46, as read, agreed to. Hansard. I hope that the Minister can answer that question without descending into personal Clause 47— abuse again. Mr SLACK (4.55 p.m.): I move the Mr BARTON: I get a bit sick of being a following amendment— punching bag that is not expected to hit back. "At page 25, lines 3 and 4— Let us look at how planning schemes may be amended under these provisions. Clause 46 omit." provides that a local government planning This amendment relates to the scheme may be amended by the Governor in declaration of control districts. Clause 47(4) of Council where there is an inconsistency the Bill states— between the planning scheme and an approved regional coastal management plan. "A regulatory impact statement under This clause is essential to prevent legal the Statutory Instruments Act 1992 need anomalies between the two plans developing. not be prepared for the notice." When a similar provision is available through My proposed amendment to proposed section another Act—and it is proposed to be 47(4) deletes that clause. I make no apologies introduced to the Local Government Act by for that. This issue was raised by the Scrutiny the PEDA legislation—this clause will be of Legislation Committee. The committee repealed as it will no longer be necessary. refers to its responsibility under the Act, and Accordingly, the provision is limited to the draws attention to section 46(2) of the amendment of planning schemes prepared Statutory Instruments Act which, in its opinion, under the existing Local Government covers the amendment proposed by the (Planning and Environment) Act 1990. In Minister. Section 46(2) states— administering these provisions, State and "A regulatory impact statement also regional council management plans will be need not be prepared for proposed prepared as documents that are legally subordinate legislation if, or to the extent, binding in control districts. Outside control it would be against the public interest districts, coastal management plans will be because of the nature of the proposed prepared in such a way that they are policy legislation or the circumstances in which it documents. In local government areas outside is made." control districts, they will operate in the same manner as State planning policies to which This provides for exceptional circumstances in local governments must have regard when which a regulatory impact statement may not making planning decisions or assessing be prepared. It would appear that this is development applications. A head of power desired by the Government. In these will also be incorporated in the planning, circumstances, if it is not covered by the environment and development assessment definition, there does not appear to be a legislation to ensure that coastal management reason why an impact statement should be plans outside of control districts are treated in prepared. That is the definition contained the same way as State planning policies under within the Statutory Instruments Act. that particular legislation when it comes into I wish to hear the Minister's explanation being. for this. The Opposition concedes that this is Before a local government scheme can something that it would not have picked up. be amended under this provision, the local That is one example of why we have a government and any land-holders affected are Scrutiny of Legislation Committee. It picked up 2 November 1995 936 Legislative Assembly that clause and brought it to the attention of compensation may apply to a large amount of the Parliament. my electorate. I refer in particular to— Mr BARTON: We also acknowledge that ". . . land up to 400 m inland from the this is an issue that was picked up by the high water mark along the foreshore; or Scrutiny of Legislation Committee. As such, we had a very detailed look at it and sought at a river mouth or estuarine delta—over advice from the parliamentary draftsman to land up to 1000 m inland from the high clarify our position and to make sure that we water mark at the river mouth or estuarine had got it correct. It is our view that it is still delta; or necessary to be included in the legislation. along tidal rivers, saltwater lakes and This will ensure certainty. We want to be sure other bodies of internal tidal water—over that in emergency situations we can act land up to 100 m from the high water immediately to prevent what may otherwise mark along the river, lake or body of become disasters. We do not want to be water . . ." worried about whether or not the I ask the Minister: will the concept of control circumstances are such that we can act districts be used by the Government to impose without having to prepare a regulatory impact riparian corridor regulations or requirements on statement. This clause clarifies the position freehold land? and ensures that the department can act immediately in emergency situations without Mr BARTON: The question of whether having the unnecessary delay of having to we will use control districts to declare riparian have recourse to the Statutory Instruments Act corridors is similar to what the Beach of 1992. Protection Act has done in the past on beaches. We need to ascertain whether there This is not something that either slipped in could be any damage done to the coast which on the drafting or was slipped in by the may require us to use our capacity to declare department or me. I submitted this matter to a control district. There are some very firm Cabinet for a decision. We were conscious of limits on where control districts may be the need to state that an RIS would not be declared. They do provide for maximum required in emergency circumstances. Without limits—for example, they can cover all tidal wasting the time of the Parliament—or boring waters up to the limit of Queensland territorial honourable members—I can think of a whole waters; along a foreshore, up to 400 metres range of emergency circumstances that may landward from the high watermark; at river require instant action by a Minister and in mouths or an estuarine delta, up to 1,000 respect of which the public would skin us alive metres from the high watermark; along the if we did not take action and said, "We upper tidal reaches of rivers and creeks, 100 couldn't take the action because we had to go metres from the high watermark; and all the through the formal process of an RIS." land area on every island situated in Mr Slack: Can you give us an example? Queensland's coastal waters. The above limits Mr BARTON: For example, if we had a are maximum only, and in many instances the cyclone and a beach was being washed away landward limit will be less, particularly where and was close to taking roads, buildings and there is intense existing coastal developments, high-rises with it, we would not want a delay because it is not intended to interfere with while we checked whether there was a need to existing developments. do an RIS before authorising emergency work. The actual boundaries will be determined In any case, we would probably be covered if through a public consultation process allowing we did simply take that action. That is why I for community and land-holder input into the make the point that that clause is intended to boundary determination. It also requires the clarify that in an emergency situation the Minister to be able to justify that boundary. Minister can take immediate action without The public exposure draft of the Coastal having to be bogged down in red tape. Protection Bill released in 1993 proposed a Amendment negatived. one kilometre limit for control districts. That has been amended to the limits that I have just Clause 47, as read, agreed to. read out—and I did that because I wanted to Clause 48— get them correct and in their proper context. Miss SIMPSON: This clause means There was criticism of our going back as much that control districts with a range of yet- as one kilometre from those regions instead of unknown controls that come into effect without the much more restrictive provisions that this a change of land use and without Bill provides for. Legislative Assembly 937 2 November 1995

Whether or not there will be some impact seeking to change the land use. If people on the riparian areas is open to public have an as-of-right land use at this point in consultation at the time. It will very much time and if we interfere with that, then they depend what is being proposed for an area as would be granted compensation. If they do to whether we would seek to exercise our not have an as-of-right use and they are rights for a control district. seeking to enhance their right, we may well Miss SIMPSON: I have a further require some surrender provision without question on that matter. The Minister stated compensation to allow them to proceed with that the control districts and their boundaries the facility that they are seeking. would have to be justifiable. Noting the limits, I Control districts are approved only as part ask: will this be based upon scientific of a plan. They are subject to review with the evidence? overall coastal plan. Probably the most Mr BARTON: I imagine that we will have important feature of this legislation is the to justify it. If we are looking at issues such as formulation of a comprehensive plan for the that, yes, we would have to look at whatever entire coast. Those control districts will be evidence was being put before us in terms of reviewed every seven years when the overall whether there will be a genuine impact on the plan is reviewed; so it will be a living document coast by what is proposed. I am a little bit over that period. reluctant to openly acknowledge that it will be Clause 48, as read, agreed to. based on scientific evidence, because there is Clause 49— scientific evidence and there is scientific evidence. Clearly, this is not about interfering Miss SIMPSON (5.08 p.m.): This clause in individual's rights. We would put a control refers to things that must be considered district in place only so that it could be used before an area is declared a control district. I indirectly to protect riparian vegetation. draw the attention of the Minister to subclause (c), which relates to public access. I ask the Mr ROWELL: I have some questions for Minister: will he please provide greater the Minister on the subject of control areas. clarification as to whether public access could Will the constraints that may be placed on be imposed upon people's land under the properties—and they could be both freehold control districts? and leasehold properties, I presume—be permanent, or will they be temporary? There Mr BARTON: Public access is one of are a number of activities being conducted in the most important things that we need to those areas. They could be agricultural lands. address in terms of the coast. There has been There may be floodgates in those areas. a great deal of criticism in some areas where There could be drainage outlets. There could the perception is that private land has locked be a whole range of activities being up major beaches. People who want to conducted. I seek some indication of the exercise fishing rights are claiming that they constraints that would be placed on those have had their public access restricted. In lands and whether the control areas are putting a control district into place, if we did permanent or temporary. have an area where public access was being restricted—particularly where it involved Mr BARTON: Again, it will depend on freehold land on the coast where people were what type of development is being sought seeking to put a development into place—we within a control area. Let us take the example may well say to those people, "As part of of an aquaculture proposal. Over the last giving you that extra right"—if they do not couple of months I have looked at some of have as-of-right development rights already for the major aquaculture operations—both those the land—"we will be requiring a land in operation and those under construction— surrender so that there can be public access within the member's electorate. If there is the to the coast itself." I should stress that it could potential for such a proposal to impact in a be part of that type of exchange, but it is not negative way, then we might put a control intended to put easements over existing district in place so that we can enforce some privately owned freehold land. Surrender standard with regard to its construction. provisions would be applied only when there Clearly, in relation to the whole issue of was an application to obtain an enhanced compensation and interfering with private development right or, in turn, if we wanted property—and it would be intended to have public access as part of the plan. Otherwise, some impact on privately held land, not just we would have to pay compensation to the leasehold land—we may well require some people who own that land. surrender provisions in a control district, but Miss SIMPSON: I thank the Minister for that surrender would be only where people are his explanation. I will outline the background 2 November 1995 938 Legislative Assembly as to why this has become an issue of They are public documents. They are held by concern. This legislation does not refer only to local government. Once those decisions are beaches and to the primary and secondary made, after consultation, I imagine that a legal dunes; it refers also to river banks and creeks. search of the public records held by local In the last few months debate has been government would show up if people were raging on the Sunshine Coast with regard to interested in buying a particular property to riparian zones. Land-holders have found that find out whether there were any such people have already been marching up the restrictions on or changes to the property that banks of the creeks and the rivers and saying, they were looking at. "We have a right to be here", even though Clause 50, as read, agreed to. under the current legislation I understand that Clause 51, as read, agreed to. they do not. My concern was that this legislation may have been used to provide Clause 52— some future public access to those areas in Mr BARTON (5.14 p.m.): I move the which there are tidal creeks and rivers quite a following amendments— deal inland from the coast but which would be "At page 27, line 16, after 'within caught in the control districts under the the'— legislation. I take it that the Minister gives an assurance that the legislation will not be used insert— to give public access to rivers and creeks 'reasonable'. under the control districts. At page 27, line 18, after 'take the'— Mr BARTON: That is not the overall insert— intention. I have to say that, but it is within the 'reasonable'." definition of what is a control district, as I explained several clauses back, and only in I think these amendments are straightforward. the types of circumstances that I have I will give a brief explanation. They certainly mentioned already, because I do take it that a were issues that were picked up by the control district might be in a tidal estuary, but Scrutiny of Legislation Committee. While we typically that would happen only where there do not feel that they are absolutely necessary, are additional development rights being we accept that it will nonetheless make it sought, I would think. clearer for people. I do note that they were also consistent with amendments on these Clause 49, as read, agreed to. clauses foreshadowed by the Opposition, and Clause 50— we thought we would let them have a win for Miss SIMPSON (5.11 p.m.): I have a the afternoon. quick question of the Minister. Where Mr SLACK: That may have been a prospective landowners do a search to see flippant remark, but I think it may be near the whether there is a current protection notice truth as well, which in itself says something. applying, I understand that they will be able to We support the amendments moved by the find out whether protection measures are in Government. place. I want to know what measures will be Amendments agreed to. put in place for those who are intending to buy Mr SLACK: I move the following land to enable them to find out whether that amendments— proposed land is affected by a control district. "At page 28, after line 9— Mr BARTON: I am looking to get my insert— head around this particular one. The clause does provide that public notification be made '(4A) However, the chief executive prior to the declaration of amendment or may give a coastal protection notice to abolition of a control district with a minimum the owner of land only if— period of 40 days provided to enable any (a) the chief executive is satisfied member of the public to make a written an act or omission of the owner submission on the proposal prior to it going to is likely to cause degradation of the Governor in Council for determination. It the coast; and also provides that anybody making a (b) the chief executive has taken submission to me can request a written reasonable steps to negotiate response, which the Minister is required to with the owner to take action to provide. If we are going to reject the person's prevent the degradation—if the submission, including, where relevant, the name and whereabouts of the reasons why the person's land was included in owner are known; and the district, then we do have to give reasons. Legislative Assembly 939 2 November 1995

(c) the negotiations have been land-holders in the longer term. This unsuccessful.'. Government is expecting them to pick up the At page 28, after line 13— tab on behalf of the community. We do not believe that that is fair or reasonable in any insert— way. I am making these points now because '(7) This section does not authorise of the limit on the time allowed for debate at the chief executive to give a coastal the Committee stage. We want to ensure that protection notice preventing an owner of property rights are not degraded as a result of land from carrying out works under a this Bill. While we can agree with the concept lawful approval.'." of the protection envisaged in the Bill, we These amendments attempt to clarify and believe that there is the necessity for an extra further define clause 52 (4) and to bring it in safeguard to be inserted, bearing in mind the line with the Explanatory Notes provided by fact that there is no provision for the Minister, which state— compensation in this clause. "The intent of a coastal protection We believe that the amendments that we notice is to stop actions that degrade the have moved are reasonable, and they affect coast or require actions that prevent some later clauses, which obviously we will not degradation of the coast where the have time to debate. I make this point before I landowner is responsible for the conclude: there were 20 amendments degradation. A notice will only be used foreshadowed to this Bill. We have now where there is fault but not necessarily reached the eighth. It is a very important Bill, illegality on the part of the landowner and as the Minister and everybody acknowledges. before a notice is issued, negotiation with It had a five-year lead time. It is then the landowner will be used as a first presented with clauses which do not tally with option in order to remedy the problem the Explanatory Notes, so obviously it needed and avoid the issue of a notice. Notices some scrutiny. The Scrutiny of Legislation will not be used to remove a landowner's Committee believed that it needed some lawful approval to undertake works." examination and came up with some suggestions to resolve what it saw as We are proposing to insert two subclauses to problems. It saw a problem with this clause. better reflect that statement that appears in We very strongly believe that these proposed the Explanatory Notes. Proposed subclause subclauses should be added. The Scrutiny of (4A) would protect the person who may be Legislation Committee also raised this very affected, the landowner. I make it quite clear, question. The amendments we are proposing because I am conscious of the time—this is to safeguard the fair and reasonable interests probably one of the last amendments that we of the people involved state— will move—that we are very strong as an Opposition in respect of compensation for "(4A) However, the chief executive anybody who may be disadvantaged as a may give a coastal protection notice to result of this Bill, who may lose property rights the owner of land only if— that they held before this Bill came into force. (a) the chief executive is satisfied There is nothing in that proposed an act or omission of the owner is likely to subclause to say that we do not support cause degradation of the coast." coastal protection, notices, or anything like In other words, if it is the owner's fault, he has that. What we are saying is that where a to pay for it, but if it is not, he should not have property owner who, as a result of this Bill, will to. It continues— have his property downgraded, or may have to "(b) the chief executive has taken do something at his own cost that he did not reasonable steps to negotiate with the previously have to do, and that would have owner to take action to prevent the been reflected in the price that he paid for a degradation—if the name and piece of land, then that should be recognised whereabouts of the owner are known; and by this Government. This Government has fallen far short of the mark on that aspect as (c) the negotiations have been far as environmental legislation is concerned. unsuccessful." The Government likes to bring in As to amendment No. 7—the clause does not environmental legislation, which we support authorise the chief executive to issue a coastal and see the necessity for when it benefits the protection notice preventing an owner of land community, but there has been a deliberate from carrying out works under a lawful approach by this Government which will approval. I and believe that the amendment penalise some rural land-holders and other should be supported by the Government if it is 2 November 1995 940 Legislative Assembly fair dinkum and wants to adhere to the believe that we can accept that amendment Explanatory Notes. because that would require the State to be Mr BARTON: I will attempt to answer responsible for those repairs. the question. Those issues were put to us by As to amendment 8—I stress that they the Scrutiny of Legislation Committee also. are intended as examples and they are not all- We have had a very close look at their encompassing. Those examples are intended possible impact. If we are handling both to give some direction and advice on how that amendments 7 and 8 together, I will deal with clause is to operate. We do not believe that it both of them together. The clause does give would be appropriate to put into the legislation the chief executive the power to give a coastal what are intended to be only examples, protection notice to a land-holder. I think it because that might be ultimately limiting in comes back to the sets of circumstances. I terms of how courts may interpret the know that, particularly with amendment No. 8, legislation. the Opposition is seeking some more surety in Question—That the words proposed to addition to what is already placed in the be inserted be so inserted; put and the Explanatory Notes. Committee divided— Mr Slack: No, to concur with the AYES, 44—Baumann, Beanland, Borbidge, Connor, Explanatory Notes. Cooper, Cunningham, Davidson, Elliott, FitzGerald, Mr BARTON: To concur with the Gamin, Gilmore, Goss J. N., Grice, Harper, Healy, Explanatory Notes. The Explanatory Notes Hegarty, Hobbs, Horan, Johnson, Laming, Lester, Lingard, Littleproud, McCauley, Malone, Mitchell, spell out—and I stress this point—some Perrett, Quinn, Radke, Rowell, Santoro, Sheldon, examples of the types of issues about which Simpson, Slack, Stephan, Stoneman, Turner, the chief executive could take that action. Veivers, Warwick, Watson, Wilson, Woolmer Tellers: They are not meant to be all-encompassing of Springborg, Carroll every set of circumstances. They are meant to NOES, 44—Ardill, Barton, Beattie, Bird, Bligh, give some guidance on the types of issues Braddy, Bredhauer, Briskey, Burns, Campbell, that may come forward about which the D’Arcy, Davies, De Lacy, Dollin, Edmond, Elder, Government believes the chief executive Foley, Fouras, Gibbs, Goss W. K., Hamill, Hayward, would need to take that type of action. Hollis, McElligott, McGrady, Mackenroth, Milliner, As to amendment 7—we must consider Mulherin, Nunn, Nuttall, Pearce, Purcell, Roberts, Robertson, Rose, Schwarten, Smith, Spence, who is potentially responsible for that land. If Sullivan J. H., Welford, Wells, Woodgate Tellers: we are considering a set of circumstances in Livingstone, Sullivan T. B. which an unlawful structure has been built on the land or repairs are needed to be done to The numbers being equal, the Chairman the land, the Government does not believe cast his vote with the Noes. that it should pick up the bill and expend Resolved in the negative. public money for the work involved. I am The CHAIRMAN: Honourable aware that there could be circumstances in members, the question is that clause 52 as which the unlawful action was taken by a third amended and clauses 53 to 105, Schedules 1 party. For example, a person may have built a and 2 and the Minister's remaining fishing hut on another person's land. I know amendment as circulated be agreed to. that a lot of fishing huts have been built in the honourable member's electorate, because I Motion agreed to. have seen many of them and stayed in a few. Bill reported, with amendments. Many of those have been built legally and in some cases a blind eye has been turned when people have built those structures. If a Third Reading structure or a wall has been built of necessity Bill, on motion of Mr Barton, read a third to stop erosion and that wall is an unlawful time. structure, if that structure is on privately held land, the owner has some responsibility. VOCATIONAL EDUCATION, TRAINING I appreciate that we have absentee AND EMPLOYMENT AMENDMENT landlords and land that owners may not get BILL across all that frequently, but, nonetheless, the Government's view is that it cannot accept Hon. W. M. EDMOND (Mount amendment 7 because we do not believe that Coot-tha—Minister for Employment and the State should be responsible for picking up Training and Minister Assisting the Premier on the tab for repairs or costs when it was not the Public Service Matters) (5.33 p.m.), by leave, State that caused the problems. We do not without notice: I move— Legislative Assembly 941 2 November 1995

"That leave be granted to bring in a (3) the Accreditation Council—the Bill for an Act to amend the Vocational authority responsible for the recognition of Education, Training and Employment Act training and regulation of accredited 1991." courses and training providers. Motion agreed to. Historically, vocational education and training for Aboriginals and Torres Strait Islanders has been inadequate. This has been First Reading aggravated by the geographical isolation of Bill and Explanatory Notes presented and many communities and cultural differences. In Bill, on motion of Mrs Edmond, read a first 1992, the Aboriginal and Torres Strait Islander time. Standing Committee on Vocational Education, Training and Employment was established. In 1993, the committee changed its name to Second Reading Nagi Binanga. The word "nagi" means "look" in western Torres Straits language, while Hon. W. M. EDMOND (Mount "binanga" translates as "listen" in Yidinji from Coot-tha—Minister for Employment and the Cairns region. Training and Minister Assisting the Premier on Public Service Matters) (5.34 p.m.): I move— Since 1992, Nagi Binanga has provided advice to the Vocational Education, Training "That the Bill be now read a second and Employment Commission on policy time." matters relating to vocational education, The legislation before the House has three training and employment of Aboriginal and main purposes— Torres Strait Islander people such as— to establish a statutory standing (1) Strategies for increasing participation committee of the Vocational Education, of indigenous people in vocational Training and Employment Commission to education and training programs; and provide advice on the vocational (2) The needs and priorities for the education and training issues affecting development of vocational education and Aboriginal people and Torres Strait training for Aboriginal and Torres Strait Islanders; Islander people. to provide the statutory basis for reforms An example of the valuable work already to the TAFE Queensland institute delivery done by Nagi Binanga is the development of a system; and five-year strategic plan to achieve these ensure the Vocational Education, Training objectives. The establishment of Nagi Binanga and Employment Corporation may (and as a statutory standing committee of VETEC always has been able to) perform its will indicate the recognition of the unique functions in the domestic and education and training needs and the cultural international training marketplaces. differences of indigenous people and will give Nagi Binanga extensive credibility with The Vocational Education, Training and organisations both within Queensland and Employment Act 1991 establishes the nationally. It will also ensure that the delivery Vocational Education, Training and of vocational education and training for Employment Commission. The commission is Aboriginal and Torres Strait Islander people a tripartite body that amongst other things continues to grow and meet the needs of local provides advice to Government on the industries and communities. development of vocational education, training and employment. Underpinning VETEC are The Vocational Education, Training and three statutory standing committees— Employment Act 1991 also establishes the relationship between VETEC and the TAFE (1) the State Training Council, which is system through a network of college councils. responsible for providing advice on and The councils provide advice to the commission carries out the regulation of the training on the continuing and emerging vocational systems, including apprenticeships and education and training needs within the local traineeships; communities and means of improving service (2) the State Planning and Development delivery to meet those needs. Council, which is responsible for the Since 1993, TAFE Queensland has provision of advice on the strategic embarked on a workplace reform agenda direction for the vocational education, which will ensure TAFE's competitiveness training and employment system; and within the training market, both domestically 2 November 1995 942 Legislative Assembly and overseas. This has delivered significant 3,000 full fee-paying international students productivity gains to the organisation and, from more than 80 countries resulting in a importantly, it has changed fundamentally the $15.8m injection into the Queensland way in which TAFE operates. The formation of economy. In addition to this, TAFE TAFE institutes has been a major part of this Queensland has been active in the delivery of reform agenda. Sixteen institutes have been vocational education and training services in formed collaboratively in close consultation countries such as Indonesia, Malaysia, Papua with the relevant communities. This has New Guinea and Western Samoa. These resulted in a variety of forms, sizes and activities have earned over $9.5m since 1989. structures. But, consistently, the institutes These operations have created extra revenue have developed and are continuing to develop which, in turn, has enabled TAFE to offer more systems and processes that allow them to student places than it would otherwise have respond to local community and industry been able to achieve. Today's amendments interests. will include provisions which will allow the The institute formation has allowed Vocational Education, Training and greater efficiencies within the TAFE system Employment Corporation to continue its that can be put back into improving the operations outside Australia. vocational education and training system. The true impact of these legislative Where amalgamation of colleges has amendments are that they will ensure the occurred, greater sharing of resources has vocational education and training system in meant not only better utilisation of resources Queensland remains responsive to the needs but it has enhanced the capacity of some of local industry and the needs of the local institutes to provide resources and services to community. This in turn will provide the client groups. vocational education and training framework to Incorporation of the regional structure into ensure that Queenslanders can develop the the institute structure resulted in savings of skills and knowledge necessary to support the over $400,000 in 1994-95, which contributed domestic and international competitiveness of to the provision of five mobile learning units to industry. I commend the Bill to the House. the far-north Queensland, Barrier Reef, central Debate, on motion of Mr Santoro, Queensland and Mount Isa institutes, and adjourned. Southbank institute in the first full year of operation achieved savings of $800,000, which was channelled back into more student WORKERS' COMPENSATION places and more courses. These examples AMENDMENT BILL (No. 2) clearly illustrate the benefits derived for both Hon. W. M. EDMOND (Mount users and industry. Coot-tha—Minister for Employment and The legislative amendments will establish Training and Minister Assisting the Premier on institute councils to reflect this new delivery Public Service Matters) (5.40 p.m.), by leave, structure. These councils will provide advice to without notice: I move— directors of TAFE institutes on the ongoing "That leave be granted to bring in a and emerging needs in vocational education Bill for an Act to amend the Workers' in the community and local industry. Provision Compensation Act 1990." is also made for the continued existence of Motion agreed to. college and campus councils, if necessary. In addition, the membership of the councils has been revised to ensure that community and First Reading industry views predominate. This has been achieved by decreasing the number of Bill and Explanatory Notes presented and Government representatives. Institutes are Bill, on motion of Mrs Edmond, read a first now multimillion-dollar business operations, time. and the advice and guidance of community and industry leaders is a key component of Second Reading their advisory networks. Hon. W. M. EDMOND (Mount TAFE Queensland is also a key exporter Coot-tha—Minister for Employment and of vocational education and training services. Training and Minister Assisting the Premier on Total revenue generated by TAFE Public Service Matters) (5.41 p.m.): I move— Queensland since 1989 has exceeded $33m, which establishes the organisation as one of "That the Bill be now read a second Australia's top 500 exporters. It has also over time." Legislative Assembly 943 2 November 1995

This Bill is part of a reform package common law. The statutory maximum designed to ensure fair, affordable workers' compensation will increase to $100,000, compensation for Queensland workers and representing a 35 per cent increase in the total employers into the next century. The reforms amount of weekly benefits and lump sum are intended to improve benefits for workers, payments currently available to an injured maintain competitive premiums and restore worker. An additional lump sum of up to the long-term viability of the fund. Reform is $100,000 for workers with serious spinal cord needed to address an unfunded liability of and brain damage injuries will also be $114.3m within the Workers Compensation included. This additional lump sum payment Fund as at 30 June 1995 and a major will greatly assist those who have no redress at contributing factor to this unfunded position, common law, such as those injured in work- that is, the impact of a 48.7 per cent growth in related single motor vehicle accidents. common law claims in 1994-95. The reform Unlimited entitlement to medical and measures have been developed over nine rehabilitation costs, including home weeks of intensive stakeholder negotiations modifications, for these workers will still and I should like to record my appreciation to continue. all stakeholders, as well as my departmental The Bill also contains an amendment to officers and Parliamentary Counsel, for the the calculation of weekly benefits to more time and effort they have put into the closely resemble injured workers' real finalisation of this package. take-home pay. Currently in Queensland, most The package will deliver Queensland workers on compensation benefits are paid at workers, their families and employers sound, their award rate or industrial agreement for the affordable insurance and compensation for first 39 weeks, after which benefits step down workplace disease and injury by: improving to a prescribed base rate. The amendments statutory weekly, lump sum and death allow for weekly payments to be made at benefits; maintaining workers' rights to either 85 per cent of the worker's average proceed to common law, but requiring workers weekly earnings for the previous 12 months or with less serious injuries to choose between the industrial agreement or award rate, improved statutory benefits and suing their whichever is the greater. After 26 weeks, these employers; requiring injured workers with less workers will receive the greater of 65 per cent serious injuries who choose to proceed to of the injured worker's pre-injury average common law to meet their own costs; weekly earnings or 60 per cent of Queensland increasing the average premium rate from 1.7 full-time adult person's ordinary time per cent to 1.95 per cent plus a 10 per cent earnings—to be known as QOTE. QOTE is an surcharge on premiums for five years; and average Queensland earnings figure produced introducing a requirement for employers to pay by the Australian Bureau of Statistics. the first five days of compensation, including the day of injury. In addition, a comprehensive These changes will address the current review program will be undertaken next year. inequities for those who regularly receive over-award payments, shift allowance or The rationale for the increased statutory overtime or are engaged under piecework or benefits, the irrevocable choice and the incentive systems, for example, meatworkers, requirement to pay one's own costs is to nurses, miners, building and construction provide injured workers with fair compensation workers. Under the current weekly payment without having to resort to common law and its provisions, an average boner who is earning associated legal costs. Actuarial analysis has an average $516.73 a week would receive shown that injured workers are not gaining $393.70 in weekly benefits. The proposed maximum benefit from common law action at weekly payment for this worker would be the lower end of the scale. For claims settled $439.22, which is an increase of over $45 per in the $0 to $15,000 range, for each $100 of week. benefits received by the injured worker, $135 was expended in legal and associated costs. A step down in payments at 26 weeks For those injured workers who still choose to post-injury, rather than the current 39 weeks, is proceed to common law with the risk of designed to provide increased incentive for potentially expensive legal action, then the rehabilitation and return to work initiatives. option of full common law access remains. Despite the earlier step down, most seriously injured workers will receive higher payments in However, the Bill contains a number of the longer term than is currently available. amendments that will substantially improve statutory benefits, thereby providing workers This Bill increases death payments to the with immediate financial compensation and dependants of a deceased worker. The therefore reducing their need to go to maximum lump sum payment for dependants 2 November 1995 944 Legislative Assembly will increase from the current amount of detailing the injured worker's lump sum $122,260 to $160,000. In addition, the entitlement is required prior to commencement amendments allow for payment of a once-off of common law proceedings. The certificate for lump sum of $6,000 per child to dependants those with less serious injuries will make the of a totally dependent spouse. Weekly consequences of the choice very clear, payments for children will increase by 42 per including cost implications. cent from $28.61 to $41.64 per week. The Bill replaces the current table of Actuarial costing of these death payments injuries contained in section 129 of the Act equates to increasing the lump sum with a revised table in the regulation. The table component to $180,000. Increased weekly will be used to calculate lump sums payable payments for dependent children, rather than and therefore entitlement under the increasing the overall lump sum to $180,000, irrevocable choice and cost order provision. ensures ongoing income support for those The new table will list an expanded number of children where lump sum payments may have modern compensatory injuries with the been depleted at an early stage. This package maximum impairment percentage for each would place Queensland in the position of injury and the lump sum payable. The method paying approximately the second highest of assessment of permanent impairment to be death benefit in Australia. followed by medical practitioners will be As well as statutory payments being incorporated in the table. The new table will be increased, all workers will retain their common user friendly for practitioners and achieve law right to sue negligent employers. However, consistent assessment and equity for injured the Bill introduces an irrevocable choice workers. between common law action and the The proposal moves the table into the improved statutory lump sums for workers with regulation to allow for the table to be less serious injuries where the statutory lump continually reviewed to ensure it remains sum payable is below 20 per cent of the new consistent with contemporary work-related maximum statutory compensation. After an injuries. In the case of physical or organic offer of a lump sum has been made by the injuries, the board or injured worker may ask a board the injured worker has 28 days to registered medical practitioner to make a accept the offer, reject the offer and proceed determination on the level of permanent to common law or defer the decision. impairment. If the impairment level cannot be The Bill also provides that in cases where agreed upon, the matter will be referred to the injured workers below the 20 per cent Medical Assessment Tribunal. The Medical threshold have chosen to sue, they and the Assessment Tribunal, comprising independent board will pay their own costs. In addition, specialists, will be the final decision-making provision will be made for cost orders to be body for the determination of impairment awarded against the worker or the board in levels. circumstances where inappropriate offers have For psychological injuries there will be no been made during settlement negotiations change to the current provision—the medical prior to trial. assessment tribunals will determine the level However, if the injury or condition of impairment. In the case of physical or deteriorates and fresh medical evidence can organic injuries the Bill specifies that be produced within a 12-month period, the psychological overlay cannot be added to the level of impairment can be reassessed. If the physical or organic impairment level when fresh medical evidence identifies that there is assessing lump sum entitlement for common an additional entitlement of lump sum of 10 law access. However, if successful at common per cent of the statutory maximum and that law, damages may still be awarded for these the total entitlement now exceeds 20 per cent psychological factors. It is the intention of the of the maximum, the worker will be able to Government to review the management of proceed to common law and have their costs stress claims, particularly with respect to early met if successful. intervention and current stress unit pilot The Bill will introduce new administrative programs. I am concerned that workers with procedures to support the irrevocable choice, stress injuries are managed and not paid out including a certificate being issued on offer or and left to their own devices. acceptance of a statutory lump sum. If a lump The Bill also expands the current sum has not been previously offered, as in the definition of "injury" in relation to stress. It will case of where a statutory claim has not been exclude cases where reasonable action has lodged, the injured worker would have to apply been taken in a reasonable way to transfer or to the board for a certificate. A certificate redeploy a worker. In instances where such Legislative Assembly 945 2 November 1995 action is not reasonable, stress claims will still ¥ the merger of the Division of Workplace be accepted; for example, unreasonable Health and Safety and the Workers action could be where an education Compensation Board; administrator demands that a teacher who has ¥ the board's appeal processes, particularly taught in Brisbane for 20 years is moved to a in relation to rejection and cessation of regional centre the following week. The reform claims and determination of impairment measures contained in these amendments will levels; and apply to injuries which occur on or after 1 January 1996. ¥ workplace stress management strategies. In addition to changes which affect injured This reform package represents more workers, this Bill includes reform measures than two months of hard work and negotiation which will impact on employers. It is proposed by many people. The Government will monitor that the net average premium rate will be its effectiveness closely through six-monthly increased from 1.7 per cent to 1.95 per cent, reports on the status of the Workers with a 10 per cent surcharge on premiums to Compensation Fund. Ninety years ago, the apply for five years. The Bill will allow for this member for Gympie, Andrew Fisher, a man surcharge to be applied. The overall net who went on to become the first Australian average premium rate will now become 2.145 Labor Prime Minister, told Queensland per cent—the second lowest of any State Parliament— system in Australia. These adjusted premium "Surely honourable members will rates will apply from 1 January 1996. agree that whatever way it is paid there Employers will also be required, under these must be some fund, either a charitable legislative amendments, to pay the worker the fund or a fund of this kind, from which to first five days of compensation, including the compensate the relatives or dependents day of the injury. The board will make of those (workers) who are injured." payments to an injured worker in legitimate Ninety years on, it is the same strong Labor cases if an employer refuses and recover commitment to sick and injured workers which those benefits plus a penalty of 50 per cent of underpins this Bill. I commend the Bill to the the payment from the employer as a debt or House. as additional premium. Medical and other costs will continue to be paid by the Workers Debate, on motion of Mr Santoro, Compensation Board. This change will adjourned. encourage ownership of claims and provide an incentive for employers to prevent workplace EMERGENCY SERVICES disease and injury—an investment in that old LEGISLATION AMENDMENT BILL adage: prevention is better than the cure. It is worth noting that the intense public debate Hon. K. H. DAVIES (Mundingburra— about workers' compensation reforms over the Minister for Emergency Services and Minister past two months has coincided with a marked for Consumer Affairs) (5.55 p.m.), by leave, increase in inquiries to the Division of without notice: I move— Workplace Health and Safety about accident "That leave be granted to bring in a prevention. Bill for an Act to amend legislation about In addition to the amendments contained emergency services." in the Bill, a comprehensive review program Motion agreed to. will target other areas in the first half of next year. The review program will examine— First Reading ¥ the board's management of common law claims, looking particularly at cost- Bill and Explanatory Notes presented and effectiveness and adherence to best Bill, on motion of Mr Davies, read a first time. practice in the insurance industry; ¥ the board's rehabilitation programs and Second Reading services, to ensure the effectiveness of Hon. K. H. DAVIES (Mundingburra— their link with statutory claims Minister for Emergency Services and Minister management and intervention at the for Consumer Affairs) (5.56 p.m.): I move— workplace; "That the Bill be now read a second ¥ improving premium collection and time." compliance with workplace health and safety standards, particularly in the This Bill will amend the Fire Service Act building and meat industries; 1990 and the State Counter-disaster 2 November 1995 946 Legislative Assembly

Organisation Act 1975. Members will be aware processes will be provided by the Public Sector that the Public Sector Management Management Commission. Commission recommended that the three Acts The Bill will provide greater flexibility for fire currently underpinning departmental officers with respect to superannuation operations be consolidated into a single arrangements. Currently fire officers are statute. The Queensland Emergency Services restricted to superannuation coverage under Bill will recognise and maintain the separate the Fire Service Superannuation Scheme. The and special identities of the Queensland Bill will provide ambit for the Governor in Ambulance Service, the Queensland Fire Council to approve access by fire officers to Service and the Counter-disaster Service. The alternative schemes. amendments proposed in this interim Bill will address certain issues which need to be Queensland is facing the prospect of a addressed prior to the passage of the critical fire season over the summer period. In proposed Queensland Emergency Services a localised fire emergency, the Commissioner Bill. of the Fire Service is able to declare a ban on The Bill before the House recognises the the lighting of fires only through the formal important contribution made by our State process of declaring a state of fire emergency. Emergency Service volunteers in assisting at It is more practicable in respect of localised fire motor vehicle accidents and in search and emergencies for the commissioner to have the rescue operations, particularly in rural and power to impose fire bans in all or part of a isolated areas of Queensland. The State local government area without the need for Counter-disaster Organisation Act 1975 ministerial approval and gazettal. The previously recognised the role of State commissioner or his delegate now will, by Emergency Service volunteers in a declared notice in a newspaper circulating in the area state of disaster. This Bill will have the effect of or, in urgent circumstances, by radio broadcast providing the legislative underpinning and notice, be empowered to impose a fire ban for protections for volunteers assisting in this wider that area for a specified period, and specify community role where a state of disaster has the types of fires which may be lit during the not been declared. period of the ban. In addition to recognising the role of SES Since its introduction during 1984, the officers in providing incident response and Urban Fire Levy has been calculated having support, the Bill will empower officers regard to the category of property concerned performing these functions to use warning and the class of urban district within which the devices and to take certain actions, such as property is situated. Such classes of urban cutting up a car, as part of a road accident district have been based upon the number of rescue operation. Exemption from tolls for permanent fire officers employed at a fire SES vehicles in the same manner as station and have ranged from Class A with exemption is provided for Queensland Police over 20 permanent fire officers down to Class Service, Queensland Ambulance Service and D without permanent fire officers, relying upon QFS vehicles is provided in the Bill. Such an auxiliary support. The effect of the exemption will only apply during the course of amendment to section 108 of the Fire Service an emergency response by an SES vehicle Act is to affirm that differing fire levies are to with warning lights activated. be imposed on prescribed properties on the A key amendment to the Fire Service Act basis of these criteria. Similarly, the effect of 1990 will be the recognition of fire officers as the validation provisions is to provide the public sector employees under the Public technical underpinning for the fire levies Sector Management Commission Act 1990. imposed under the fire service legislation. I This amendment, together with the repeal of commend the Bill to the House. the Fire Service appeal provisions will provide Debate, on motion of Mr Littleproud, greater equity for these officers through adjourned. access to the public sector promotional and disciplinary appeal processes. The amendment will remove references to internal CREDIT (RURAL FINANCE) BILL promotional and disciplinary appeal processes and establish the Public Sector Management Hon. K. H. DAVIES (Mundingburra— Commission as the external appeal authority Minister for Emergency Services and Minister in accordance with the public sector for Consumer Affairs) (6.01 p.m.), by leave, management standards. Auxiliary fire officers without notice: I move— will continue to have a right of appeal in "That leave be granted to bring in a disciplinary matters. Similarly, such appeal Bill for an Act to give protection to farmers Legislative Assembly 947 2 November 1995

against the enforcement of mortgages equipment on the very eve of harvest and that over equipment used for farming." the provision in the current Queensland Credit Motion agreed to. Act has been of assistance, because the farmers have been able to keep the machinery, harvest their crop and trade out of First Reading difficulty. Bill and Explanatory Notes presented and The current Queensland credit legislation, Bill, on motion of Mr Davies, read a first time. however, is due to be repealed next year, when new uniform consumer credit legislation—the Consumer Credit Code—will Second Reading be proclaimed in each of the States and Hon. K. H. DAVIES (Mundingburra— Territories, except for Western Australia, which Minister for Emergency Services and Minister is enacting consistent legislation. The for Consumer Affairs) (6.02 p.m.): I move— Consumer Credit Code is limited to purely consumer transactions, such as credit cards, "That the Bill be now read a second housing loans and personal loans, and no time." provision is made for rural producers. When The purpose of this Bill, quite simply, is to the rural community learnt of the proposed assist farmers. At the present time, many rural loss under the Consumer Credit Code of the producers in Queensland are experiencing provision enabling farmers to go to court and increasing difficulty in maintaining payments obtain a moratorium against repossession of under their mortgages. Despite their best farm machinery, it was most concerned and it efforts, a number of them eventually default informed the Government that the repeal of and, sooner or later, the mortgagee advises of this part of the Credit Act would cause farmers its intention to repossess their possessions— much hardship. This Government listened to including their farm equipment—so that they and understood the plight of the farmers. It can be sold off in reduction of their debt. Of decided to act in a practical way by enacting course, the Government cannot do anything this Bill as a separate piece of legislation about a number of the matters which lead designed, as far as possible, to continue the farmers to default under their mortgages. protection given to farmers by the provisions of However, legislative intervention in the form of the current Credit Act. If passed, the the current credit legislation in Queensland— Government intends the Credit (Rural Finance) the Credit Act 1987—has afforded the farmers Act to be proclaimed at the same time as the some relief once they have defaulted. Consumer Credit Code. The Credit Act covers loans to farmers for The main provisions of the Bill, stated the purchase of farm machinery and briefly, are as follows— commercial vehicles. Before taking any action to require a mortgagee who holds a against a mortgagor farmer who has got into mortgage over farm equipment before difficulties, the Credit Act provides that a exercising any right to take possession of mortgagee must give a notice to the farmer or sell the equipment to give the advising of the default and of the intention of mortgagor farmer a notice advising of the the mortgagee, at the end of a certain stated farmer's default and the action, if any, period of time, to take action under the required to remedy the default and further mortgage unless the default is remedied. The advising of the intention of the mortgagee Credit Act then goes on to provide that, once to repossess or sell the equipment at the the mortgagor receives this notice from the expiry of 30 days if the default is not mortgagee, the mortgagor can apply to the remedied; court for an order suspending the power of the to allow the mortgagor at any time prior to mortgagee to repossess the farmer's the mortgagee parting with possession of machinery for a period of 12 months. If the the equipment to apply to a court for a mortgagee has already taken possession of relieving order. The mortgagor can only the machinery, the court can order that the make an application for a relieving order if machinery be returned to the farmer and the the mortgagor is a farmer who is using, or farmer can keep it for up to 12 months. Before intending to use, the equipment for making such an order, the Credit Act states farming or would be using, or intending to that the court must be satisfied that the farmer use, the equipment for farming had it not has a reasonable prospect of remedying the been repossessed by the mortgagee; default under the mortgage within 12 months. I understand that on a number of occasions to allow the court, when deciding the mortgagees have tried to repossess application for a relieving order, to 2 November 1995 948 Legislative Assembly

consider, amongst other things, whether mortgagor has given notice to the mortgagee the mortgagor has a reasonable prospect of an application for a relieving order. These of being able to remedy his or her default penalties were inserted at the request of a within 12 months; and number of persons who regularly deal with the to permit the court, on granting a relieving rural community, as it was considered that order, to require the mortgagee, if the some farm equipment is extremely valuable mortgagee has possession of the and a farmer could be severely disadvantaged equipment, to return it to the mortgagor should a mortgagee breach the requirements and to order the mortgagee not to take of the legislation. possession of or sell the equipment for 12 I make no excuses for the fact that this months. Bill seeks to assist farmers at the expense of banks and other financial institutions. A few changes have been made to the Queensland is, to my knowledge, the only scheme in the existing Credit Act. The Bill will State which is going to enact legislation of this apply to mortgagor farmers regardless of nature. Queensland has chosen to continue whether they are natural persons or bodies the protection given to farmers under its corporate, whereas the current Credit Act only current Credit Act because it has been proven applies to farmers who are natural persons. to be an effective and very practical method of This Government considered that farmers who giving farmers relief, and it is what the rural choose to incorporate should not be producers themselves have said they want. disadvantaged by exclusion from the I commend the Bill to the House. operation of the Bill. Secondly, the Bill allows mortgagors to be pro-active and apply to the Debate, on motion of Mr Davidson, court for a relieving order without necessarily adjourned. awaiting receipt of a default notice from the mortgagee, although to make the application SPECIAL ADJOURNMENT to the court the farmer must be in default under the mortgage or the farmer must Hon. T. M. MACKENROTH believe the mortgagee may exercise a right to (Chatsworth—Leader of the House) take possession of or sell the farm equipment. (6.07 p.m.): I move— "That the House, at its rising, do The Bill contains substantial penalties—up adjourn until 10 a.m. on Tuesday, 14 to 500 penalty units—which may be imposed November 1995." by the court on mortgagees who breach Motion agreed to. certain of its provisions, for example, who repossess or sell farm equipment after the The House adjourned at 6.07 p.m. Legislative Assembly 949 15 September 1995

QUESTIONS ON NOTICE 29. Tablelands Electorate Road Funding Mr GILMORE asked the Minister for Transport and (5) The Malanda to Millaa Millaa Road; Minister Assisting the Premier on Economic and (6) The Bourke Development Road (a) Mareeba to Trade Development— Chillagoe and (b) Chillagoe to the Mareeba What is the budget amount in both actual and real Shire boundary; terms (adjusted for inflation) for each of the sections (7) The Peninsula Development Road—Mareeba to of main road mentioned below contained within the Electorate boundary; Electorate of Tablelands for the past five years, (8) Herberton to Irvinebank Road; (1990/91 to 1994/95) inclusive, for both capital and maintenance and projected figures for 1995/96 to (9) Irvinebank to Petford; 1997/98 inclusive— (10) The Upper Barron Road; (1) Kennedy Highway—(a) Cairns to Kuranda, (b) (11) McHugh Road and Kuranda to Mareeba, (c) Mareeba to Atherton, (12) The Topaz Range Road? (d) Atherton to Ravenshoe, (e) Ravenshoe to Mt Garnett and (f) Mt Garnett to the Mt Answer (Mr Elder): Surprise turnoff; (1-12) (Refer to Table 1). Based on previous (2) The Mareeba By-pass; allocations of funding and proposed allocations identified in the October 1995 version of the RIP, (3) The Atherton By-pass; budgeted amounts for various sections of State- (4) The Palmerston Highway—Millaa Millaa to the controlled Road in the Tablelands Electorate is Electorate boundary; described in the attached Table.

ELECTORATE OF TABLELANDS CAPITAL AND MAINTENANCE FUNDING FOR ROADS QUESTION SECTION MAINTENANCE CAPITAL WORKS

90/91 91/9292/9393/9494/9595/96 TOTAL 90/9191/9292/93 93/9494/9595/9696/97 97/98 TOTAL

1 KENNEDY HIGHWAY ------

1A CAIRNS—KURANDA Not in Tablelands Electorate Not in Tablelands Electorate

1B KURANDA—MAREEBA 1,102 338 438 516 450 457 3,301 1,3252.439 1,5282.4703,421 - - -11,183

1C,1D MAREEBA—RAVENSHOE 954 980 630 601 520 780 4,465 380 49 - 4092,104 80 660 190 3,872

1E RAVENSHOE—MT GARNETT 266 172 305 184 268 228 1,423 - - 618 937 9411,1001,750 1,000 6,346

1F MT GARNETT—MT SURPRISE 210 150 210 153 315 226 1,264 ------

2 MAREEBA BYPASS HARDSHIP RESUMPTION ARE ONLY PROPOSED EXPENDITURE

3 ATHERTON BYPASS HARDSHIP RESUMPTION ARE ONLY PROPOSED EXPENDITURE

4 PALMERSTON—MILLA MILLA ------

5 MALANDA—MILLA MILLA 232 264 102 226 203 200 1,2271,153 1,627 462 219 162 7003,200 - 7,523

6 MAREEBA—CHILLAGOE ------

MAREEBA—DIMBULAH 339 138 231 283 156 200 1,347 ------

DIMBULAH SHIRE BOUNDARY 994 523 632 568 676 596 3,989 944 798 543 3723,102 50 610 1840 8,259

7 PENINSULA DEV ROAD ------

MAREEBA ELECTORAL BOUNDARY 511 349 399 297 395 371 2,322 1,715 10 608 623 - - - - 2,956

8,9 HERBERTON—PETTFORD ROAD 210 102 104 197 169 155 937 16 164 ------180

10 UPPER BARRON ROAD 41 46 48 67 45 41 288 ------

11 McHUGH ROAD 62 58 117 109 116 191 653 42 234 497 0 0 10 202,550 3,353

12 TOPAZ ROAD 54 85 35 108 58 66 406 - - - 145 30 - - - 175

TOTALS 5,143 3,3233,3443,5043,4273,590 22,331 5,5945,321 4,2565,1759,7601,9406,240 5,580 43,866

149.Overseas Visits by Ministers (2) What was the purpose of each trip, which Mr BORBIDGE asked the Premier and Minister for countries were visited and what was the cost of Economic and Trade Development— each individual trip and the total cost incurred? (1) Which Ministers have travelled overseas since (3) Who accompanied Ministers at taxpayers’ the 15 July General Election? expense and what was the length of each ministerial visit? 15 September 1995 950 Legislative Assembly

Answer (Mr Goss): Relations. I suggest the Honourable Member address Since the recent General Election six Ministers have the question to my colleague. travelled overseas namely: the Honourable Tom Burns, Deputy Premier and Minister for Tourism, 165.Queensland Building Tribunal Sport and Youth; the Honourable Keith DeLacy, Treasurer; the Honourable Jim Elder, Minister for Mr CONNOR asked the Minister for Housing, Local Transport and Minister Assisting the Premier on Government and Planning and Minister for Rural Economic and Trade Development; the Honourable Communities, Minister for Rural Communities and Paul Braddy, Minister for Police and Minister for Minister for Provision of Infrastructure for Aboriginal Corrective Services; the Honourable David Hamill, and Torres Strait Islander Communities— Minister for Education; and myself. With reference to the Queensland Building Tribunal On 16th September, 1995 I travelled to Papua New (QBT), which in the interest of fairness is and should Guinea for that country's Independence Day be seen to be impartial in its determinations— celebrations. I was accompanied by Mr Loftus Harris, (1) What proportion of QBT determinations were Director-General, Department of the Premier, found in favour of (a) the home owner and (b) Economic and Trade Development and Senior the home builder in the years 1992-93, 1993-94 Constable John Hodge of the Queensland Police and 1994-95? Service. I returned to Brisbane late that evening. (2) Was there any reason for the change? From 9th to 11th October, 1995 I travelled to New Answer (Mr Mackenroth): Zealand on an investment mission to have discussions with some of New Zealand's largest In answering this question, I am advised by the companies which currently have operations based in Chairman of the Queensland Building Tribunal that it Brisbane and to attract investment from a range of is assumed by determination, what is meant is other smaller companies. I was accompanied by Mrs determined by the Tribunal at a hearing or by order Goss and Mr Loftus Harris. Other officers from the of the Tribunal. In relation to domestic building Department of the Premier, Economic and Trade disputes this excludes approximately sixty (60) Development were also in New Zealand at the time of percent of applications which are finalised without my visit as part of routine marketing activities, the need for a hearing. These applications are settled however they were not accompanying me. by the parties at mediation conducted by the Tribunal, by the parties on their own or are The costs in relation to these two trips are currently withdrawn. The applications which do not settle at unavailable as all expenditure is normally billed to the the mediation phase usually are more emotional, Government's American Express Business Travel involve more physical defects and/or are more Account which takes several months to process. contractually complex. Full details of all Ministers missions will be provided Because the Tribunal has jurisdiction to deal with by each Minister to Parliament in due course. Details disputes between building contractors and owners of costs will be provided by the Treasurer in a and building contractors and sub-contractors, plus separate report to Parliament and at present the suppliers or other persons and a combination of costs are not currently available. these parties, building contractors are likely to be parties to more applications than the other 158.Broadwater Electorate, Constituent categories of litigant. This also results from the fact that owners can lodge complaints about defective or Mr GRICE asked the Minister for Justice and incomplete work with the Queensland Building Attorney-General, Minister for Industrial Relations Services Authority without any application fee. and Minister for the Arts— While the Tribunal's application form does collect With reference to the case of a constituent claiming data on whether the applicant is a home owner or a to be owed $16,000 by a former employer and the home builder this information is not recorded on the failure of his departmental officers to investigate the Tribunal's determinations. The determinations simply matter or even to take details and since my record what the applicant or respondent are ordered constituent’s first approach to the Minister’s officers to do by the Tribunal. was on 5 June 1995— Most domestic building disputes involve a number of (1) When will my constituent’s case be dealt with? issues which the Tribunal must determine to resolve (2) How does he justify the constant delays? the dispute. These include allegations of defective (3) What does he consider to be an appropriate and incomplete work, defective materials, money period for handling such complaints? claims including contract payments, claims for variations and legal issues such as termination of the (4) If there is a shortage of industrial inspectors contract and rights under the contract etc. and support staff, what action is being taken to redress this situation? In resolving individual domestic building dispute applications the Tribunal will frequently determine Answer (Mr Foley): some issues in favour of the applicant and others in In regards to the Honourable Member's question my favour of the respondent. The resulting order might ministerial colleague the Honourable Wendy then require the respondent to pay the applicant a Edmond, MLA has administrative responsibility for monetary sum or, because of the respondent's the Awards Management Branch of the Department counter-claim being successful, the applicant may be of Vocational Education, Training and Industrial ordered to pay the respondent. The order may also Legislative Assembly 951 15 September 1995 require the building contractor to rectify defective or 170.Primary Industries Department Debt incomplete work or the application may be Mrs SHELDON asked the Treasurer— dismissed. The order may also reflect a combination of the above. With reference to page 88 of the 1995 Queensland Treasury Corporation (QTC) Annual Report, under Because of the number and complexity of the issues the departmental section of the QTC on-lendings decided and reflected in the various orders made by appendix, it is recorded that, as at 30 June 1994, the the Tribunal, and because the relevant information is Department of Primary Industries (DPI) had no not required for the Tribunal's purposes, statistics outstanding debt whatsoever, however as at 30 June which would enable the Tribunal to answer the 1995, the total debt outstanding for the DPI had Member's question are not maintained. The risen to $146.8m— information required would not necessarily be reflected in the orders—which simplify and What was the reason for this increase in debt and consolidate the decision. Therefore, to obtain the what will the borrowings be used for? information would require an examination of all Answer (Mr De Lacy): decisions and the extraction of the reasons for the The Department of Primary Industries' (DPI) debt decision in most cases. with the Queensland Treasury Corporation (QTC) has been raised only for the purpose of financing the 167.Radioactive Waste Facility, Esk Department's commercial activities, in this case Forestry. Mr COOPER asked the Minister for Health— Over time the DPI has raised debt for these activities With reference to the radioactive waste facility at from a number of sources including directly from the Esk— State and more recently from the QTC. Will he provide a detailed list of the types of waste Over the past financial year, the source of DPI's debt now stored in that facility? has changed as a result of a whole of Government Answer (Mr Beattie): restructuring of financial assets and liabilities. In this regard, the debt owed by DPI to QTC results from The radioactive material currently stored at the Esk the refinancing by QTC of Consolidated Fund debt. facility, other than a small number of smoke detectors, consists only of all the material previously It should be noted that over the past financial year stored at the Department's old Petrie Bight store. DPI has reduced its total debt by almost $250M, due to further write-off of Consolidated Fund debt as The majority of this radioactive material is low level part of the commercialisation process for Forestry. waste suitable for ultimate disposal in a national shallow ground burial facility. Some Americium 241 and Radium 226 sources can be categorised as 183.Agricultural Land intermediate level waste and not suitable for shallow Miss SIMPSON asked the Minister for Housing, ground burial. Such sources will therefore require Local Government and Planning and Minister for indefinite storage pending availability of a suitable Rural Communities, Minister for Rural Communities national disposal facility. A detailed inventory of all and Minister for Provision of Infrastructure for radioactive substances currently stored at the Esk Aboriginal and Torres Strait Islander Communities— facility is tabled. With reference to the Government’s 1992 Planning Policy for the Preservation of Good Agricultural Land 168. Payouts to Spouses of Former Public and in view of the fact that not all good land is of a Servants size to be economically viable— Mr SPRINGBORG asked the Treasurer— Will he take action to ensure that implementation of this policy takes into account the economic viability With reference to recent approaches to the of the land for agricultural use? Government by spouses of former Queensland Public Servants in the Merry Widows Pension- Answer (Mr Mackenroth): Superannuation Scheme— In State Planning Policy 1/92: 'Development and the Will he provide an early payout to the spouses of the Conservation of Agricultural Land', the Government former public servants covered by the scheme? sets out its commitment to protect Queensland's most productive farmlands. The Policy states that Answer (Mr De Lacy): good quality agricultural land is a finite national and It is not within my power to make an early payout to state resource that should be protected from former public servants with residual widows' development that may lead to its alienation or entitlements under the State Service and Police diminished productivity. superannuation schemes. The benefit conditions are Conserving our best quality agricultural land is set in the relevant Acts governing the Schemes and responsible resource management. It is also sensible prescribe that benefits are payable to eligible economics. The value of retaining a diverse widows of certain former members. The benefits agriculture base is particularly important in current were actually set in 1984 by the previous circumstances where drought is affecting our Government and do not provide for the payment of a pastoral production and cropping. For example, surrender value as sought by some members. No sugar is the state's third largest export earner and the payout could be made without the legislation being sugar industry is a significant source of employment. amended by the Legislative Assembly. Yet sugar mills are in danger of being closed down if 15 September 1995 952 Legislative Assembly caneland continues to be lost to rural residential Agreement is 241 which equates to 141 Full Time development and urban expansion. Equivalent Employees. Nevertheless, the State Planning Policy is not being (2) The average cost of each VER is estimated at used by the Government to protect all best quality $15,000 plus the particular employees Long Service farmland irrespective of economic viability. There is Leave entitlements. however, an important difference between 'farm' viability and 'land resource' viability. A farm holding (3) All VERs will be offered in accordance with the or allotment might not be viable in itself, but it might Public Sector Management Standard for Staffing have the potential to be amalgamated or farmed in Options to Manage Change in the Queensland conjunction with other nearby or adjoining farmland. Public Sector i.e Two weeks from the day of offer if In other words, the unviable farm is part of a larger they wish to receive the full incentive payment. 'resource' area which is viable overall and has a (4) The total number of VERs accepted by cleaning long-term future. Such land should generally be staff to date is two. protected and farm re-structuring encouraged in response to changing market and industry (5) The total cost of staff VERs to date is $46,571. conditions. Planning policies and controls that clearly safeguard 216.Senior Executive Service Officers such areas from development can create the climate for re-structuring by removing the expectation of Mr BORBIDGE asked the Premier and Minister for development value. As the Policy makes clear, Economic and Trade Development— allowing development to occur on our most (1) How many public servants are employed in the productive lands merely because a farm holding or Senior Executive Service (SES)? allotment is too small could only encourage greater development pressures and fragmentation of a (2) How many SES officers are there in each precious resource. Furthermore, development of a individual department? small area amongst productive viable farms can give (3) How many SES officers are women? rise to serious land use conflict between the residential and farming areas. (4) What is the salary applicable to SES officers at On the other hand, the Policy acknowledges that if each of the four scales? good quality farmland is significantly fragmented by Answer (Mr Goss): urban uses or isolated from other productive areas, farming may no longer be viable. This may occur (1) As at 20 October 1995 there is a total of 525 where land is too heavily constrained by conflicts public servants in the Senior Executive Service. with urban uses or too small to form a feasible area (2) The breakdown of SES officers by department is for medium or long term production. In these as follows: circumstances, the application of the Policy is Administrative Services 29 carefully assessed by local and state government, to reach agreement on the future use of the land in Qld Audit Office 8 terms of its potential for agricultural production and BIRD 12 the justification for development. DEVETIR 39 Education 47 Environ. & Heritage 16 187.Q-Clean Family & Community Services 20 Mr LINGARD asked the Minister for Administrative Services— Health 39 Housing, Local Govt. & Planning 18 With reference to the Q-Clean business unit of the Justice & Att.-Gen 46 Administrative Services Department and to the on- going offering of voluntary early retirement packages Lands 20 (VERs) to the staff of this particular unit— Minerals & Energy 15 (1) What is the total number of voluntary early Premiers 29 retirement packages to be offered to cleaning —Office of Cabinet 11 staff within Q-Clean? —PSMC 11 (2) What is the projected cost for the planned Police 12 number of VERs to be offered? Qld Emergency Services 12 (3) What is the time limit for cleaning staff within Q- Primary Industries 53 Clean to accept VERs? TS & Y 6 (4) How many cleaning staff have accepted VERs Transport 53 to date? Treasury 29 (5) What has been the total cost to date for the (3) There are 84 women appointed to SES acceptance of staff VERs from Q-Clean? positions. This is 16% of SES appointments. Answer (Mr Milliner): (4) The terms and conditions of employment of (1) The maximum number that may be offered during SES officers are prescribed in the Public Service the term of the current Enterprise Bargaining Management and Employment Act and Regulations. Legislative Assembly 953 15 September 1995

Current superannuable salary for each level is: (4) Funding will be used for strategically important CEO.3 $136,988 projects which are not presently fully commercial CEO.2 $116,708 stand-alone projects but which are expected to CEO.1 $109,610 become so in the future. Investment returns will be 4.2 $108,973 used over time to invest in further infrastructure 4.1 $ 99,619 projects. 3.5 $ 99,308 This contrasts with the Opposition strategy exposed 3.4 $ 95,982 during the election campaign of balancing their 3.3 $ 92,344 proposed budget by raiding the QIFF fund. 3.2 $ 88,706 To make responsible decisions, QIFF projects, like 3.1 $ 85,068 all major development projects, require extensive 2.5 $ 84,020 engineering, economic and financial feasibility 2.4 $ 80,383 analysis, together with environmental impact 2.3 $ 76,745 assessment. This process is well under way but at 2.2 $ 73,627 different stages of completion for a number of 2.1 $ 70,509 projects including possible dams on the Dawson and 1.4 $ 68,942 Comet Rivers and water pipelines from Eungella Dam 1.3 $ 65,824 in Central Queensland and Lake Julius in North West 1.2 $ 62,706 Queensland. A number of transport projects that may 1.1 $ 60,107 be financed through QIFF are also being progressed. 219.Queensland Infrastructure Financing Fund (5) The commencement date will depend upon the Mrs SHELDON asked the Treasurer— finalisation of the necessary commercial arrangements, in most instances involving third (1) What funds are being held by the Queensland parties. The most advanced projects, i.e. the water Infrastructure Financing Fund at present? pipelines, are contingent upon the commitment (2) Will he detail the source of these funds? decisions of relevant mines. (3) In what account or accounts are they being held? 239.Indoor Sporting Facility, Toowoomba (4) For which projects are these funds to be used? Mr HORAN asked the Deputy Premier and Minister (5) What will be the commencement dates of these for Tourism, Sport and Youth— projects? With reference to a promise made by the Honourable Answer (Mr De Lacy): T M Mackenroth at a public meeting at Newtown Hall, Toowoomba, during the recent election (1) As at 30 September 1995, the Queensland Infrastructure Financing Fund had a balance of $306, campaign, that the Government would provide $1m 680,775.30. and an annual 20 per cent subsidy to assist in the development of an indoor basketball and netball (2) When established at the beginning of 1995, the facility in Toowoomba— Infrastructure Financing Fund had initial equity funds If an application is received from the organisation available of approximately $295m which was undertaking this project, can this promise be obtained by the refinancing of QFleet ($107m), as honoured in either 1995-96 or 1996-97? well as retained earnings and sale proceeds from the Government's share of Nickel Resources North Answer (Mr Burns): Queensland ($188m). Since establishment, the Fund I am advised that the Member for Toowoomba South has earned approximately $11.6m in interest through has been misinformed about comments made by Mr being invested in the QTC Cash Funds and the QTC Mackenroth. Mr Mackenroth advises that he spoke in Medium Term Investment Fund. general terms indicating that the State Government (3) In January, 1995, a separate fund, known as the would consider an application for funding if an Infrastructure Financing Fund was created within the appropriate application was received. Queensland public accounts pursuant to the I can assure the Honourable Member that any Financial Administration and Audit Act. This Fund, application received will be assessed like any other which is managed by Queensland Treasury, holds application against the Department's funding the equity which is set aside for investment into guidelines. approved QIFF projects. As it is appropriate that no available funds remain uninvested, the Infrastructure Financing Fund has its 256.Tree-clearing Guidelines; Eastlink holdings placed in two Queensland Treasury Mr SPRINGBORG asked the Minister for Lands— Corporation (QTC) investment facilities. As of the With reference to the Government’s development of end of September, 1995 the balance of the Fund was new tree clearing guidelines— $306,680,775, of which $12,534,406 is held in QTC's Medium Term Investment Fund and the remaining Will the Queensland Electricity Transmission $294,146,369 is placed in the shorter term Cash Authority be bound to follow these guidelines in Fund. clearing a corridor for the Eastlink Transmission Line? 15 September 1995 954 Legislative Assembly

Answer (Mr McElligott): Answer (Mr McElligott): No. The Queensland Electricity Transmission 1. There are two key issues relevant to letting and Authority is not a lessee under the Land Act. The management agreements. Both of which are currently Queensland Electricity Transmission Authority has addressed in BUGTA 94. powers under the Electricity Act 1994 to clear 2. The first issue is the 10 year maximum term for corridors for transmission lines. letting and management contracts. BUGTA 94 [Section 222 (2)] provided that all service, 260. Supply of Real Estate Information by Gold management and letting agreements entered into Coast City Council after 24 October 1994 would have a maximum term of 10 years. Mr QUINN asked the Minister for Lands— BUGTA 94 ensured that this provision applied For some years, the Gold Coast City Council has unless it could be clearly demonstrated that the provided a computerised information service on all agreements were contemplated prior to that real estate property in the old Gold Coast City date. It would not apply to those agreements Council and Albert Shire Council areas to ratepayers, which were in train prior to 24 October 1994. real estate valuers, real estate agents and other associated industries. As this service will be 3. The second issue deals with the High Court's 4 terminated on the expiry of the current agreement— May 1994 decision (Humphries v Surfers Palms North) that a body corporate was not authorised to (1) Is it proposed to (a) introduce legislation so enter into a contract for letting services. that the Gold Coast City Council will only be advised of ownership changes and (b) A provision was made in BUGTA 94 [Section introduce legislation that will require property 222(10)] for bodies corporate to enter into owners to advise only the Lands Department of letting arrangements. This provision was to be changes of address; if so, will the Lands retrospective to protect letting agreements Department provide regular updates to the entered into by bodies corporate from 4 May Council? 1994. (2) Will the Gold Coast City Council be permitted The result of this section is that letting to supply current and future users with the agreements entered into prior to 4 May 1994 same information that is currently supplied and would not be validated by the legislation. by the existing methods, ie over the counter, 4. I am currently considering the scope of these modem or diskette methods? provisions and their possible impact on the industry (3) Is it proposed to introduce legislation to and will continue to consult with industry groups prohibit the provision of this information by prior to making a decision. modem and/or diskette and only allow over the 5. I expect to be in a position to make a counter searches? comprehensive statement towards the end of Answer (Mr McElligott): November, to allay concerns within certain sectors of The existing Notification of Change of Ownership, the industry and the broader community about the Form 100, will be replaced progressively by 31 future of these aspects of the Building Units and December 1995 with a Property Transfer Information Group Titles legislation. Form 24. This form will be received by the Registrar of Titles with accompanying transfer documentation, and the information entered by keyboard into a 284.Squatters database by the Department of Lands. Mrs WILSON asked the Minister for Lands— 1. There will be no new legislation enacted; the Gold (1) Is he aware of the public concern relating to the Coast City Council will receive all relevant legality of the Goldsborough Squatters in the information from this database electronically, Electorate of Mulgrave? obviating the need for manual processing. This (2) Do Aborigines involved in native title claims includes regular updating at the discretion of the Council. along the Mulgrave River have the right to occupy the land whilst Native Title is being 2. There will be no commercial restrictions placed on established? the use of the data by the Department of Lands. (3) Where does legal responsibility lie in terms of 3. There is no legislation proposed to restrict the the current squatters and guests who may provision of this information to clients in any form. reside with them? (4) What is the legal status of non-Aboriginal 275.Building Units and Group Titles Act people squatting in the same area? Mrs GAMIN asked the Minister for Lands— (5) Will he identify the legal role of the Local Authority with respect to Local Government Will he clarify the situation regarding letting and Regulations regarding sewerage, water, roads management contracts in light of his statement of 19 October 1995 in respect of the Building Units and and relevant charges? Group Titles Act now that BUGTA 1994 has become (6) What action does the Government take in null and void? relation to squatters on Crown land? Legislative Assembly 955 15 September 1995

Answer (Mr McElligott): the same way as other Queenslanders. A native title 1. Yes, I am well aware of the public concern relating holder failing to comply with local government laws, to the legality of the Goldsborough Squatters. for example, such as building or health regulations, is Officers from my Department have inspected the liable to the same penalties as any one else. area and have met with the local authority and other On the other hand, should the native title claimants agencies. I have also been provided with Crown Law be unable to establish native title, the Department of advice in relation to this issue. Discussions have Lands will take responsibility to remove them, and occurred between officers of my department, the their invitees, as squatters under the provisions of local authority and the claimants in order to address the Land Act 1994. public concerns. One meeting has been held which 4. Crown Law have advised that, assuming a native was very productive, another is scheduled for title right to occupation exists over the area, it is November 23 and I am confident of a satisfactory lawful for the native title holder to invite outcome on this matter. non-Aboriginal visitors onto the land. 2. There is currently no evidence that native title has 5. I am advised that municipal Councils have been extinguished by the grant of a previous tenure authority to apply local laws, such as provisions of over the area of Unallocated State Land in the the Local Government Act 1993 relating to matters of Goldsborough Valley, which is currently under claim health and hygiene, throughout their local authority in the National Native Title Tribunal. The area, including sections of unallocated State Commonwealth Native Title Act 1993 provides that Land—and it is within the competence of the Local native title holders are entitled to the same Authority in this case to determine whatever course procedural rights as freeholders. In these of action it may take. circumstances, the Queensland Government will proceed cautiously and in accordance with the 6. Generally, the Department of Lands will exercise Commonwealth Native Title Act 1993 prior to taking statutory powers under the Land Act 1994 to remove action that may unlawfully interfere with pre-existing squatters from Crown Land. However, in the light of native title rights and interests. provisions of the Commonwealth Native Title Act 1993, as outlined above, the 3. Crown Law has advised that native title holders, and their invitees, are generally required to abide by Department of Lands will proceed cautiously in State and local government laws and regulations in regard to any removal of persons from that land.

R. G. GILES, ACTING GOVERNMENT PRINTER, QUEENSLAND—1995