PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Wednesday, 23 November 2011 (Extract from book 19)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AO, QC
The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC
The ministry
Premier and Minister for the Arts...... The Hon. E. N. Baillieu, MP
Deputy Premier, Minister for Police and Emergency Services, Minister for Bushfire Response, and Minister for Regional and Rural Development...... The Hon. P. J. Ryan, MP
Treasurer...... The Hon. K. A. Wells, MP
Minister for Innovation, Services and Small Business, and Minister for Tourism and Major Events...... The Hon. Louise Asher, MP
Attorney-General and Minister for Finance...... The Hon. R. W. Clark, MP
Minister for Employment and Industrial Relations, and Minister for Manufacturing, Exports and Trade ...... The Hon. R. A. G. Dalla-Riva, MLC
Minister for Health and Minister for Ageing...... The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs . . . . The Hon. H. F. Delahunty, MP
Minister for Education...... The Hon. M. F. Dixon, MP
Minister for Planning...... The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession...... The Hon. P. R. Hall, MLC
Minister for Multicultural Affairs and Citizenship...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development...... The Hon. W. A. Lovell, MLC
Minister for Corrections, Minister for Crime Prevention and Minister responsible for the establishment of an anti-corruption commission . . . The Hon. A. J. McIntosh, MP
Minister for Public Transport and Minister for Roads...... The Hon. T. W. Mulder, MP
Minister for Ports, Minister for Major Projects, Minister for Regional Cities and Minister for Racing...... The Hon. D. V. Napthine, MP
Minister for Gaming, Minister for Consumer Affairs, and Minister for Energy and Resources...... The Hon. M. A. O’Brien, MP
Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. E. J. Powell, MP
Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry...... The Hon. G. K. Rich-Phillips, MLC
Minister for Environment and Climate Change, and Minister for Youth Affairs...... The Hon. R. Smith, MP
Minister for Agriculture and Food Security, and Minister for Water...... The Hon. P. L. Walsh, MP
Minister for Mental Health, Minister for Women’s Affairs and Minister for Community Services...... The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary...... Mr D. J. Hodgett, MP
Legislative Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr McIntosh, Mr Morris, Dr Napthine, Mr Nardella, Mr Pandazopoulos and Mr Walsh.
Standing Orders Committee — The Speaker, Ms Allan, Ms Barker, Mr Brooks, Mrs Fyffe, Mr Hodgett, Mr McIntosh and Mrs Powell.
Joint committees
Dispute Resolution Committee — (Assembly): Ms Allan, Mr Clark, Ms Hennessy, Mr Holding, Mr McIntosh, Dr Napthine and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Drugs and Crime Prevention Committee — (Assembly): Mr Battin and Mr McCurdy. (Council): Mr Leane, Mr Ramsay and Mr Scheffer. Economic Development and Infrastructure Committee — (Assembly): Mr Burgess, Mr Foley, Mr Noonan and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Crisp, Ms Miller and Mr Southwick. (Council): Mr Elasmar and Ms Tierney. Electoral Matters Committee — (Assembly): Ms Ryall and Mrs Victoria. (Council): Mr Finn, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Mrs Bauer, Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote and Ms Crozier. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Ms Campbell, Mrs Fyffe, Ms Graley, Mr Wakeling and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Law Reform Committee — (Assembly): Mr Carbines, Ms Garrett, Mr Newton-Brown and Mr Northe. (Council): Mrs Petrovich. Outer Suburban/Interface Services and Development Committee — (Assembly): Ms Graley, Ms Hutchins and Ms McLeish. (Council): Mrs Kronberg and Mr Ondarchie. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris and Mr Scott. (Council): Mr P. Davis, Mr O’Brien and Mr Pakula. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Campbell, Mr Eren, Mr Gidley, Mr Nardella and Mr Watt. (Council): Mr O’Brien and Mr O’Donohue.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Eren, Mr Languiller, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Dr Sykes, Mr Thompson, Mr Tilley, Mrs Victoria and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. E. N. BAILLIEU Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. R. J. HULLS
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Lim, Mr Muy Hong Clayton ALP Andrews, Mr Daniel Michael Mulgrave ALP McCurdy, Mr Timothy Logan Murray Valley Nats Angus, Mr Neil Andrew Warwick Forest Hill LP McGuire, Mr Frank 2 Broadmeadows ALP Asher, Ms Louise Brighton LP McIntosh, Mr Andrew John Kew LP Baillieu, Mr Edward Norman Hawthorn LP McLeish, Ms Lucinda Gaye Seymour LP Barker, Ms Ann Patricia Oakleigh ALP Madden, Mr Justin Mark Essendon ALP Battin, Mr Bradley William Gembrook LP Merlino, Mr James Anthony Monbulk ALP Bauer, Mrs Donna Jane Carrum LP Miller, Ms Elizabeth Eileen Bentleigh LP Beattie, Ms Elizabeth Jean Yuroke ALP Morris, Mr David Charles Mornington LP Blackwood, Mr Gary John Narracan LP Mulder, Mr Terence Wynn Polwarth LP Brooks, Mr Colin William Bundoora ALP Napthine, Dr Denis Vincent South-West Coast LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Nardella, Mr Donato Antonio Melton ALP Bull, Mr Timothy Owen Gippsland East Nats Neville, Ms Lisa Mary Bellarine ALP Burgess, Mr Neale Ronald Hastings LP Newton-Brown, Mr Clement Arundel Prahran LP Campbell, Ms Christine Mary Pascoe Vale ALP Noonan, Mr Wade Mathew Williamstown ALP Carbines, Mr Anthony Richard Ivanhoe ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pallas, Mr Timothy Hugh Tarneit ALP D’Ambrosio, Ms Liliana Mill Park ALP Pandazopoulos, Mr John Dandenong ALP Delahunty, Mr Hugh Francis Lowan Nats Perera, Mr Jude Cranbourne ALP Dixon, Mr Martin Francis Nepean LP Pike, Ms Bronwyn Jane Melbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Duncan, Ms Joanne Therese Macedon ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Edwards, Ms Janice Maree Bendigo West ALP Ryall, Ms Deanne Sharon Mitcham LP Eren, Mr John Hamdi Lara ALP Ryan, Mr Peter Julian Gippsland South Nats Foley, Mr Martin Peter Albert Park ALP Scott, Mr Robin David Preston ALP Fyffe, Mrs Christine Ann Evelyn LP Shaw, Mr Geoffrey Page Frankston LP Garrett, Ms Jane Furneaux Brunswick ALP Smith, Mr Kenneth Maurice Bass LP Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Ryan Warrandyte LP Graley, Ms Judith Ann Narre Warren South ALP Southwick, Mr David James Caulfield LP Green, Ms Danielle Louise Yan Yean ALP Sykes, Dr William Everett Benalla Nats Halfpenny, Ms Bronwyn Thomastown ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Helper, Mr Jochen Ripon ALP Thomson, Ms Marsha Rose Footscray ALP Hennessy, Ms Jill Altona ALP Tilley, Mr William John Benambra LP Herbert, Mr Steven Ralph Eltham ALP Trezise, Mr Ian Douglas Geelong ALP Hodgett, Mr David John Kilsyth LP Victoria, Mrs Heidi Bayswater LP Holding, Mr Timothy James Lyndhurst ALP Wakeling, Mr Nicholas Ferntree Gully LP Howard, Mr Geoffrey Kemp Ballarat East ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hulls, Mr Rob Justin Niddrie ALP Watt, Mr Graham Travis Burwood LP Hutchins, Ms Natalie Maree Sykes Keilor ALP Weller, Mr Paul Rodney Nats Kairouz, Ms Marlene Kororoit ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 2 Elected 19 February 2011
CONTENTS
WEDNESDAY, 23 NOVEMBER 2011 Patterson Lakes Primary School: multimedia centre...... 5591 CONDOLENCES Patterson River Secondary College: community Robert Max Gillett...... 5583 service ...... 5591 PETITIONS Lake Illawong Retirement Village...... 5592 Lawn bowls: television coverage...... 5583 Chelsea Red Cross: fundraising auction...... 5592 Essendon Keilor College: upgrade...... 5583 Northern sewerage project: Bell Street land...... 5592 Puffing Billy: funding...... 5583 MATTERS OF PUBLIC IMPORTANCE Schools: Doreen...... 5583 Government: performance...... 5592 Greensborough College: funding ...... 5584 STATEMENTS ON REPORTS DOCUMENTS ...... 5584 Public Accounts and Estimates Committee: MEMBERS STATEMENTS budget estimates 2011–12 (part 1)...... 5613, 5618 Victorian certificate of applied learning: Public Accounts and Estimates Committee: funding...... 5584 budget estimates 2011–12 (part 3)...5614, 5615, 5617 Goulburn Ovens Institute of TAFE: indigenous Drugs and Crime Prevention Committee: people art and culture exhibition ...... 5584 trafficking for sex work...... 5615 White Ribbon Day ...... 5585, 5587 Public Accounts and Estimates Committee: Relay for Life: Orbost ...... 5585 budget estimates 2011–12 (part 2)...... 5616 Country Fire Authority: Paynesville brigade...... 5585 TRANSPORT LEGISLATION AMENDMENT Bairnsdale Secondary College: senior band...... 5585 (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011 Waterwatch: volunteer awards...... 5585 Second reading ...... 5618, 5628 Frankston North: men’s shed ...... 5586 Country Fire Authority: Somerville brigade ...... 5586 QUESTIONS WITHOUT NOTICE The Shed Skatepark...... 5586 Minister for Environment and Climate Change: Clean Up Australia: Clean Up Dumping shareholding ...... 5620, 5622, 5625, 5626 program...... 5586 Information and communications technology: Eltham electorate: infrastructure ...... 5586 former government performance .....5621, 5625, 5627 Celebrating Seville Festival...... 5587 Irrigation: federal program...... 5624 Lilydale Show ...... 5587 Former deputy commissioner of police: meeting..... 5627 Country Fire Authority: Wandin brigade...... 5587 CRIMINAL PROCEDURE AMENDMENT (DOUBLE Fr Bob Maguire...... 5587 JEOPARDY AND OTHER MATTERS) BILL 2011 George Stavrinos...... 5588 Second reading ...... 5637 Koorie Heritage Trust...... 5588 CITY OF MELBOURNE AMENDMENT BILL 2011 Brunswick North West Primary School: Second reading ...... 5654, 5678 principal ...... 5588 CITY OF GREATER GEELONG AMENDMENT BILL Remembrance Day...... 5588 2011 Burwood East Primary School: Statement of compatibility ...... 5672 150th anniversary ...... 5588 Second reading ...... 5672 Burke and Beyond: 20th anniversary ...... 5588 LEO CUSSEN INSTITUTE (REGISTRATION AS A Greek Elderly Citizens Club of Nunawading ...... 5589 COMPANY) BILL 2011 Mining tax: economic impact ...... 5589 Statement of compatibility ...... 5673 Road Trauma Support Services: Time for Second reading ...... 5674 Remembering service...... 5589 BUSINESS NAMES (COMMONWEALTH POWERS) Rail: Southland station...... 5589, 5591 BILL 2011 Hepburn community wind farm: opening...... 5589 Statement of compatibility ...... 5675 Everett and Betty Hillier: 60th wedding Second reading ...... 5677 anniversary...... 5590 ADJOURNMENT Mitcham Primary School: Victorian Premiers’ Cemeteries: administration ...... 5682 Reading Challenge...... 5590 Vocational education and training: fees and Magnus Anderson ...... 5590 funding review ...... 5683 Karlie Emmerson ...... 5590 Tourism: Gippsland events...... 5684 David Smith...... 5590 Freedom of information: government Old Orchard Primary School: fundraising ...... 5590 performance...... 5684 Stawell: shooting championships ...... 5590 Libraries: shire of Alpine...... 5685 Clunes Show...... 5590 Ballarat East electorate: capital projects ...... 5685 Beaufort Show ...... 5590 Higher education: Wangaratta ...... 5686 Bentleigh Secondary College: 55th anniversary...... 5591 Portarlington Primary School: redevelopment...... 5686 Chilean community: civic forum...... 5591 Torquay and Jan Juc surf lifesaving clubs: facilities...... 5687
CONTENTS
Port of Melbourne Corporation: privatisation...... 5687 Responses ...... 5688
CONDOLENCES
Wednesday, 23 November 2011 ASSEMBLY 5583
Wednesday, 23 November 2011 3. the previous Labor government pledged $10 million towards redevelopment of the Essendon Keilor College during the 2010 Victorian election campaign. The SPEAKER (Hon. Ken Smith) took the chair at 9.34 a.m. and read the prayer. The petitioners therefore request that the Legislative Assembly urges the Baillieu government to urgently fund the much needed $10 million upgrade of Essendon Keilor College. CONDOLENCES By Mr HULLS (Niddrie) (28 signatures). Robert Max Gillett Puffing Billy: funding The SPEAKER — Order! I advise the house of the death of Robert Max Gillett, member of the Legislative To the Legislative Assembly of Victoria: Assembly for the electoral district of Geelong West This petition of certain citizens of the state of Victoria draws from 1958 to 1964. to the attention of the Legislative Assembly the need for an additional $15 million funding to support the Puffing Billy I ask members to rise in their places as a mark of historic rail line. respect to the memory of the deceased. In particular we note:
Honourable members stood in their places. 1. it is a popular and iconic tourist attraction, carrying more than 250 000 people each year; The SPEAKER — Order! I will convey a message of sympathy from the house to the relatives of the late 2. the rail line enjoys huge community support with hundreds of volunteers offering their time to support the Robert Max Gillett. rail line;
3. Puffing Billy supports hundreds of local jobs, many PETITIONS local businesses and delivers a regional economic benefit of $23 million per year. Following petitions presented to house: The petitioners therefore request that the Baillieu government immediately commit the $15 million needed to ensure the rail Lawn bowls: television coverage line’s survival.
To the Legislative Assembly of Victoria: By Mr MERLINO (Monbulk) (432 signatures). The petition of the residents of Victoria draws to the attention of the house the recent decision by the Australian Schools: Doreen Broadcasting Corporation to cancel its coverage of the sport of lawn bowls. To the Legislative Assembly of Victoria:
The petitioners therefore request that the Legislative This petition of certain citizens of the state of Victoria draws Assembly of Victoria urge the federal Minister for to the attention of the house the rapid increase in families Broadband, Communications and the Digital Economy to moving to Doreen and Mernda, suburbs of northern restore coverage of lawn bowls on ABC television. metropolitan Melbourne. By Mr DIXON (Nepean) (55 signatures). In particular we note: 1. there are now almost 1000 students enrolled at Essendon Keilor College: upgrade government primary schools in Mernda and Doreen, with that figure set to increase in the years to come; To the Legislative Assembly of Victoria:
This petition of certain citizens of the state of Victoria draws 2. there are no government secondary colleges in Mernda to the attention of the house the need for significant upgrades or Doreen; of facilities at Essendon Keilor College. 3. land has been purchased by the previous Labor In particular we note: government for a secondary college to be built in Cookes Road, Doreen. 1. the poor conditions of the current Essendon Keilor College facilities, and in particular the state of disrepair The petitioners therefore request that the Legislative Assembly of a number of buildings; urges the Baillieu government to urgently fund the building of a secondary college in Doreen. 2. that these poor conditions and insufficient facilities are adversely affecting the education and learning By Ms GREEN (Yan Yean) (7 signatures). experience of the students attending Essendon Keilor College;
DOCUMENTS
5584 ASSEMBLY Wednesday, 23 November 2011
Greensborough College: funding Glen Eira — C92
To the Legislative Assembly of Victoria: Mansfield — C22
The petition of certain citizens of the state of Victoria draws Monash — C90, C97 to the attention of the house the need for significant upgrades Victoria Planning Provisions — VC83, VC86. of facilities at Greensborough College.
In particular we note: MEMBERS STATEMENTS 1. the poor conditions of the current Greensborough College facilities, and in particular the state of disrepair Victorian certificate of applied learning: of a number of buildings; funding 2. that these poor conditions and insufficient facilities are adversely affecting the education and learning Ms D’AMBROSIO (Mill Park) — I wish to advise experience of the students attending Greensborough the house of the utter dismay felt by my electorate at the College; Baillieu government’s cut to funding for the Victorian certificate of applied learning (VCAL). I have 3. the previous Labour Government pledged to rebuild Greensborough College during the 2010 election distributed a petition in my electorate and so far, in a campaign. very short period, more than 560 petitioners have signed up to request the Baillieu government to The petitioners therefore request that the Legislative Assembly immediately reverse its decision and restore funding to urges the Baillieu government to urgently fund the much needed upgrade of Greensborough College. this vital program. The Baillieu government has cut up to $125 000 in funding to each school where a VCAL By Ms GREEN (Yan Yean) (90 signatures). program exists, and around my electorate that is basically every single school. Tabled. I have met with local schools servicing students in my Ordered that petitions presented by honourable electorate, and each one of them has described the member for Yan Yean be considered next day on negative effects the funding cut will have on their motion of Ms GREEN. program. In particular schools are now scrambling to make cuts in other areas in an effort to keep the Ordered that petition presented by honourable program alive. Why are they doing this? Because, member for Niddrie be considered next day on frankly, the principals and teachers know firsthand the motion of Mr HULLS. fantastic opportunities that VCAL has given many students who would have otherwise fallen through the Ordered that petition presented by honourable gaps and left school early. member for Monbulk be considered next day on motion of Mr MERLINO. The program has changed the lives of hundreds of students in my electorate, giving them the skills and DOCUMENTS opportunities they would otherwise have gone without. It is a wonderful legacy of the previous government, Tabled by Clerk: which this government is now trashing for ideological reasons and because it fails to understand the benefits of Auditor-General: such a program to communities like mine. Local Government: Results of the 2010–11 Audits — Ordered to be printed Goulburn Ovens Institute of TAFE: indigenous art and culture exhibition Portfolio Departments and Associated Entities: Results of the 2010–11 Audits — Ordered to be printed Mrs POWELL (Minister for Local Government) — Ombudsman — Own motion investigation into ICT-enabled On 18 November I officially opened the Goulburn projects — Ordered to be printed Ovens Institute of TAFE Celebrating Indigenous Art and Culture exhibition in Shepparton. Uncle Sandy Planning and Environment Act 1987 — Notices of approval Atkinson, a Bangerang elder, gave the welcome to of amendments to the following Planning Schemes: country, and Eric Brown played the didgeridoo. This Bass Coast — C103 year’s exhibition features the work of 10 students who have been working towards their certificates in the East Gippsland — C96 Aboriginal and Torres Strait Islander cultural program.
MEMBERS STATEMENTS
Wednesday, 23 November 2011 ASSEMBLY 5585
Sixty-four items were featured. They included this case our South Asian communities. I commend this jewellery, sculpture, textiles, digital media and community for taking action on this issue and look paintings. forward to the development of specific strategies and support to tackle family violence in this and other Goulburn Ovens TAFE has a number of programs for multicultural communities. indigenous students, and I congratulate the CEO, Paul Culpin, on his commitment to Aboriginal students. I Relay for Life: Orbost also congratulate Mr Charles Atkinson, a teacher at Goulburn Ovens TAFE Centre for Koorie Education, Mr BULL (Gippsland East) — I wish to on being named the 2011 Wurreker Teacher of the congratulate chief organiser Brendan Coulton and all Year. Congratulations also to Eva Ponting, a graduate those involved in the Orbost Relay for Life on of the Aboriginal and Torres Strait Islander cultural arts 13 November. Many teams from across the region took program, who has earnt a six-month indigenous visual part, and on the day over $51 000 was raised, with more arts residency at the Shepparton Arts Museum. to come. The Relay for Life continues to grow and has become a big event for the entire community of eastern Congratulations also to another graduate, Trudy West, Victoria. on winning first prize at the Royal Melbourne Show for one of her wonderful jewellery creations. Art project Country Fire Authority: Paynesville brigade coordinator Robyn Thompson did a great job of organising the exhibition, including putting on display Mr BULL — It was pleasing on Saturday to attend the signature piece from last year’s exhibition — a the opening of extensions to the Paynesville fire brigade wonderful large coil mat called Generations. An building and the unveiling of the club’s new honour indigenous weaving group was established in the board. The group of dedicated volunteers at Paynesville Shepparton district to continue the historic art of now have greatly improved facilities for the fire season weaving and to promote weaving to generations to ahead and are to be congratulated on their proactive come. This renewed interest in weaving has led to an approach to having these improvements, which were indigenous weaving garden being included in the plans initially stimulated through a bequest, completed. for a community garden at the former Kialla landfill site. Bairnsdale Secondary College: senior band White Ribbon Day Mr BULL — On Saturday night I had the pleasure of listening to world-class musician James Morrison Mr BROOKS (Bundoora) — On Friday we mark perform in Bairnsdale on a night when funds were White Ribbon Day, highlighting the tragic impact of raised for the Bairnsdale Secondary College senior family violence on women and children, when we band’s upcoming tour of Queensland and New South make an effort to raise awareness of the need for men to Wales. The night also featured Emma Pask and Don take a stronger stand against any form of family Burrows. The Bairnsdale Secondary College senior violence. As individuals, as a society and as band, under the direction of Gerry Ciavarella, has parliamentarians we need to do more to reduce the become well known in the local community, incidence of family violence. It was heartening to hear performing at many community events and gaining a the new Chief Commissioner of Police nominating terrific reputation. family violence as a major priority. We should also consider how the traumatic and isolating effects of Waterwatch: volunteer awards family violence can be magnified and compounded in Mr BULL — Last week I was pleased to present different parts of our community, remembering that it is certificates to some of the long-serving Waterwatch an issue that is not bound by wealth, age, race or volunteers in East Gippsland. Waterwatch is a national religion — it affects everybody. community waterway monitoring program, and On this note I commend the Australia India Society of 20 individual community members in East Gippsland Victoria for the White Ribbon Day afternoon tea it held are involved. Among those to receive recognition were: on Sunday, 13 November. The event drew speakers Ron Mackenzie, l5 years; Barry Button, l5 years; from a range of backgrounds — police, a magistrate, Christine Pardew, l5 years; Joanna Simmonds, community leaders, businesspeople, media 10 years; and the Nicholson Angling Club, 10 years. representatives and health practitioners — who all Well done also to Kim Snyder for her coordination of contributed to a discussion on the impact of family the volunteers. violence in multicultural communities, particularly in
MEMBERS STATEMENTS
5586 ASSEMBLY Wednesday, 23 November 2011
Frankston North: men’s shed The Shed Skatepark
Mr PERERA (Cranbourne) — It was with great Mr BURGESS — I would like to congratulate The pleasure that I was invited to the Pines Community Shed Skatepark on the celebration of its first birthday Men’s Shed last Thursday morning. There is a good last Friday, 11 November. The Shed is Australia’s story to tell with the ever-famous Pines Community largest indoor facility, featuring a skate park, a skate Men’s Shed. Approximately three years ago three local shop and a cafe. It caters for all levels of rider. I also Frankston North residents approached me with the idea congratulate the City of Casey on the support it has of building a men’s shed in Frankston North. provided for this excellent facility. Compared to the state as a whole Frankston North has Clean Up Australia: Clean Up Dumping more single-person households and more single-parent program families; is more disadvantaged by a range of measures, including unemployment, resident income and level of Mr BURGESS — I would like to congratulate education; has more homes that are being purchased or Clean Up Australia on its latest project, Clean Up rented from the government and fewer that are owned; Dumping. This program tackles the issue of illegal and has more indigenous but fewer dumping on the Mornington Peninsula. On Saturday, non-English-speaking residents, including people from 19 November, and Sunday, 20 November, Clean Up the Philippines and Germany. In terms of community Australia, supported by the Yulgilbar Foundation and in engagement, compared to Victoria as a whole partnership with the Mornington Peninsula Shire Frankston North has lower levels of participation in Council, brought the community together to clean up activities like organised groups and organised sport and dumping at 11 predefined dumping hotspots across the has a similar percentage of residents that feel it is an Mornington Peninsula. active community. Basically Frankston North was a perfect place to build a men’s shed. Devilbend was the clean-up site in my electorate. The clean-up in this location was extremely well run by site We sat down with the local council and put together an organiser Jarrod Filosa from the shire council, the application for a $50 000 grant to the then Labor Devilbend Landcare Group and the Hastings branch of government. The application was successful. Today we the State Emergency Service. My community is very enjoy the operations of a men’s shed that was put grateful to everyone involved for the hard work that together and driven in a grassroots manner. was put in to rid this wonderful area of unsightly Congratulations go to the convener and well-known rubbish. Clean Up Australia chairman, Ian Kiernan, local resident, John Holmes. AO, and the Yulgilbar Foundation chairman, Baillieu Myer, AC, are the leaders of the two organisations. Country Fire Authority: Somerville brigade Eltham electorate: infrastructure Mr BURGESS (Hastings) — On Sunday, 20 November, I attended the open day held by the Mr HERBERT (Eltham) — The Baillieu Country Fire Authority Somerville brigade. The day government’s complete inaction during its first year in was organised by Captain Allan Monti and Shane office has seen investment in local Eltham projects McKay, the community events manager with the grind to a standstill. Unfortunately for the electorate of Somerville volunteer fire brigade, firstly to promote the Eltham, the lack of planning, vision and action from the local CFA and its firefighting equipment and secondly Baillieu government has meant that even projects that to raise money for the burns unit at the Royal were fully funded — I say again, fully funded — by Children’s Hospital in Melbourne. Labor in government have been mothballed for 12 months. These are projects like the $50 million It is impossible not to be filled with admiration for Hurstbridge train line upgrade, which was started last these incredible people. They have their own families year under Labor. Where are the extra train stabling and jobs and still volunteer to protect their facilities at Eltham station? Where is the new electronic communities. They then spend what little down time signalling communication along the Eltham line? they have raising money for young burns victims. I Where are the two extra morning peak and two extra commend the Somerville fire brigade for both the work evening peak train services? Where are the 2000 extra it does all year round in protecting the community and seats for peak-hour commuters? the additional fundraising it undertakes. There are projects like the Wattletree Road bridge over Diamond Creek, which is urgently needed to address a
MEMBERS STATEMENTS
Wednesday, 23 November 2011 ASSEMBLY 5587 traffic safety hazard. It was funded by Labor and ready Valley region. The CFA gains its strength from the to start late last year. With the beginning of the fire commitment, professionalism, bravery and tenacity of season upon us, where is the action on the new Country volunteers, and Wandin’s dedicated members have Fire Authority station for Eltham following Labor’s demonstrated this for the past 68 years. They certainly $9.6 million funding for the station last year? The list go above and beyond the call of duty in everything they continues. Where is the progress on redeveloping do, not just responding to emergency incidents but also Montmorency Secondary College, which was due to be providing broad support to the community. rebuilt under Labor? This is one of the region’s top three school projects, and so far it has come to Fr Bob Maguire nothing. The list goes on. Mr FOLEY (Albert Park) — South Melbourne’s On all these much-needed projects not one brick or much-loved Fr Bob Maguire is a topic of hot debate. 1 metre of concrete has been laid by the Baillieu Why is it that the church would want to retire a fit government. It is a damning indictment of the lack of Fr Bob who continues to spread the gospel by living the vision for our local community. After one year, it is values set out in Matthew 25? I quote: time the Baillieu government ditched its training wheels I was hungry and you fed me, thirsty and you gave me a and got on with these vital projects in Eltham. drink; I was a stranger and you received me in your home, naked Celebrating Seville Festival and you clothed me; I was sick and you took care of me, in prison and you visited Mrs FYFFE (Evelyn) — The Seville Primary me. School and in particular Sue McCurdie and Karen Lazare are to be congratulated on the success of the Does not the one, true, holy, Catholic and apostolic Celebrating Seville Festival, which was held on church have enough rooms in the Lord’s mansion to Sunday, 13 November. An enormous amount of work accommodate Fr Bob and his flock, who would by a dedicated committee ensured that community otherwise be lost to the church? Is there not enough to members, who turned out in the hundreds, enjoyed do in the service of the gospel for an active priest who what can only be described as a party atmosphere with is younger than the head of the organisation and who live music, displays, sports clinics and unlimited rides delivers ministry to so many who would otherwise not for the children. It was a truly community-spirited go near the church? event, and I was proud to be a participant. After being approached by Fr Bob’s supporters to Lilydale Show support a transition period that would allow for the continuation of the many good works of the Fr Bob Mrs FYFFE — The Lilydale Show was held over Maguire Foundation and the parish, I was happy to two days. The gates were opened for the 58th annual raise these questions, so my disappointment was great spring show on 19 and 20 November. Whilst we saw when the request to discuss the issue with the wet spring weather on Saturday, it did not deter the archbishop was declined. This grew to sadness when an crowd from partaking in the excitement of the carnival approach for a delegation of members of this and visiting the numerous pavilions displaying an array Parliament to meet with His Grace was denied and the of animals, craft, horticulture and agribusiness as well door slammed on attempts to work through the as a free community precinct where displays from local controversy. community groups were shown. The tireless efforts of the Lilydale Agricultural and Horticultural Society It is with a heavy heart that I call for a transition of the organisers have once again showcased the wonderful work of Fr Bob, which will maintain the values and Yarra Valley. achievements he has built up. I call on the archbishop to reconsider his position and to meet with those in the Country Fire Authority: Wandin brigade community who support Fr Bob and what he represents for the church. I call upon His Grace to engage with his Mrs FYFFE — On Sunday I had the pleasure of flock and their secular world representatives, not to presenting to the Wandin Country Fire Authority stand solely on the ancient pillars of the church’s (CFA) captain, Peter Polovinka, a new $500 000-plus authority. rescue appliance. Its custom-built body is fitted out with the latest rescue equipment to ensure the highest White Ribbon Day standard of emergency service. This new unit will be an invaluable resource to the Wandin CFA and the Yarra Mrs VICTORIA (Bayswater) — Last week I attended a multi-ethnic event to mark this year’s White
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Ribbon Day. Organised by the Australia India Society The award recognises a range of Trevor’s of Victoria, this event provided an opportunity for achievements, including his role in rebuilding the people from all backgrounds to unite and show their confidence and pride of the school, the improvement in collective determination to stamp out domestic the academic performance of the student body and his violence. Domestic violence continues to endanger the focus on strengthening community and encouraging lives of too many Victorians every day. In 2009–10, sustainability. In typical Trevor fashion, upon receiving nearly 41 000 incidents of family violence were the award he said that the award may have his name on reported to police. It was encouraging to see so many it but it belongs to all the school staff who have worked people from a range of cultural backgrounds supporting so hard to contribute to the school’s growth and this cause. Congratulations to Dr Manjula O’Connor for achievements. Trevor was also presented with a basket all the work she puts into this critically important cause. of custom-made biscuits prepared by the school’s gorgeous on-site cafe. The biscuits, which are a George Stavrinos variation on the Anzac recipe, are known affectionately as Trevors, which is almost as big a recognition by the Mrs VICTORIA — Congratulations to George school community as his excellence in teaching award. Stavrinos on being returned as president of the Well done to Trevor and all the team at Brunswick Palesviaki Enosis club. The Greek community club North West Primary School. operates in the heart of my electorate of Bayswater and provides a chance for members to enjoy each other’s Remembrance Day company and very occasionally an ouzo. George has been a long-serving member of Palesviaki Enosis and Mr ANGUS (Forest Hill) — I had the privilege on works tirelessly to provide a welcoming environment Friday, 11 November, of attending the Blackburn RSL for members of the Greek community. On Sunday a big sub-branch Remembrance Day service, together with crowd turned out for the celebration of the many RSL members, local school and preschool independence of the island of Lesvos. A wonderful day children, and other members of the community. It was a was had by all. fitting tribute to all the men and women who have served in defence of our country, and it provided an Koorie Heritage Trust opportunity for all those present to pause and reflect on the great sacrifice made by allied defence personnel Mrs VICTORIA — Tucked away in King Street is over the years. a real treasure that all Melburnians should be extremely proud of. The Koorie Heritage Trust is a not-for-profit Burwood East Primary School: Aboriginal community organisation whose members 150th anniversary protect, preserve and promote the living culture of the Aboriginal people of south-eastern Australia. They Mr ANGUS — It was a pleasure to join with the have an amazing archive, a retail store and a living community of Burwood East Primary School on treasure in Lenny — a walking encyclopaedia and a 12 November to celebrate the 150th anniversary of the very proud man. I encourage all MPs to visit the trust school. It was great to see many current and former soon. students and staff members as well as other community members present to celebrate this outstanding Brunswick North West Primary School: milestone. I congratulate the principal, Jos Mills, principal together with the school council and the numerous members of the school and local community who Ms GARRETT (Brunswick) — I am delighted to worked very hard to make this great event possible. acknowledge in this place the outstanding achievement of the principal of Brunswick North West Primary Burke and Beyond: 20th anniversary School, Trevor Bowen, in winning a National Excellence in Teaching award. I was pleased to help Mr ANGUS — I congratulate Burke and Beyond, a present the award to Trevor last week at the school local Forest Hill organisation that provides services to assembly in front of students, teachers and parents. This over 65 adults with a disability, on celebrating 20 years is a very special award: over 1400 teaching of service in the eastern region of Melbourne. Burke professionals were nominated across Australia, with and Beyond provides great opportunities for individuals only 60 awards given nationally and only 10 in to be supported in their community with the view of Victoria. Even more special was the fact that Trevor maximising their independence and contribution to the was nominated by the parent group, which shows what community. high regard he is held in by the school community.
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Greek Elderly Citizens Club of Nunawading I want to take this opportunity to thank everyone at Road Trauma Support Services involved in the Mr ANGUS — I recently had the pleasure of organisation of this event. More broadly, I congratulate joining the Greek Elderly Citizens Club of Nunawading and thank them for the vital work they do in providing at its monthly luncheon. It was a great opportunity to counselling, education and support services for our see firsthand some of the activities of the group and community. The work they do is absolutely essential, meet many of the members. The group is providing a particularly given the recent tragedies on our roads wonderful service to many of the Greek residents of the involving young people. electorate of Forest Hill, and I congratulate the committee and members on their ongoing contribution Rail: Southland station to the community. Ms WREFORD (Mordialloc) — ‘There will be no Mining tax: economic impact carbon tax under a government I lead’ — 11 words that make clear the distinction in honesty between Labor Mr ANGUS — Yesterday we saw another stark and everyone else. Then there are other statements like example of the antibusiness approach of the illegitimate ‘By 1990 no Australian child will be living in poverty’ Brown-Gillard federal government when it forced its or ‘These tax cuts are L-A-W law’. The list goes on. mining tax through federal Parliament. As with the Whilst not as widely telecast, Lee Tarlamis, a member carbon tax, the adverse impacts of this new tax will be for South Eastern Metropolitan Region in the other felt by many Victorian residents and businesses. State place, has followed Labor’s proud tradition of spin and Labor MPs are to be condemned for not standing up for misleading the public with a flyer using words like their constituents and Victorian businesses. ‘Southland train station may not be going ahead’. Let me assure you, Speaker, that much to Labor’s Road Trauma Support Services: Time for disappointment, Southland railway station is going Remembering service ahead.
Mr MERLINO (Monbulk) — I had the honour of Labor is ashamed of its inaction on public transport in attending the 11th annual Time for Remembering its 11 long, dark years in government. It promised to service in Queen’s Hall on Sunday, 20 November. This deliver a Southland station back in 2002, yet it never multifaith service, organised by Road Trauma Support happened. It put out a press release in December 2004 Services and led by the Reverend Andy Calder, was a about its feasibility study for the station; once again, special opportunity for families and friends to nothing happened. Its incompetence even allowed remember loved ones lost and an opportunity to give punctuality on the Frankston line to slip to an appalling thanks to the people at the front line of responding to 65.5 per cent in June last year. Its incredible road trauma and striving to reduce the road toll, such as incompetence even meant that the website mentioned our emergency services and health-care professionals. on Mr Tarlamis’s flyer just said ‘Invalid website’. I understand Labor members are ashamed of 11 wasted It was a powerful and emotional service, and that was years; however, misleading people about the station is particularly so when we heard the personal perspectives pitiful. Planning for the station is under way. I look of Coral Robertson, who talked about losing her son, forward to its construction and opening. Nathan, and Carmel O’Brien, who suffered permanent injuries as a result of being a pedestrian victim of road Hepburn community wind farm: opening trauma. Both spoke movingly and beautifully. Families placed photos of their loved ones at the front of the Mr HOWARD (Ballarat East) — Along with room, and at the end of the service members of the Labor’s shadow Minister for Planning, Brian Tee, a audience lit candles in remembrance. As the candles member for Eastern Metropolitan Region in the were being lit Jeanette Suhr read out the names of many Council, I was pleased to attend the official opening of people who have died on our roads. She concluded with the Hepburn community wind farm on 5 November, the name of her daughter, Tanya Suhr. Tanya was a when in front of more than 760 people 10-year-old friend and classmate of mine at Mount Lilydale Mercy Neve Bosher of St Augustine’s Primary School in College. She lost her life in December 1990, during the Creswick cut a ribbon that was wrapped around one of fun and optimistic days of summer following the the wind towers. Neve had won a competition to name completion of our year 12 when we all had the world at the two wind turbines Gale and Gusto. our feet. I fondly remembered Tanya during this service. Hepburn Wind has seen over 1900 people buying shares in Australia’s first community-owned wind
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5590 ASSEMBLY Wednesday, 23 November 2011 farm, which is 10 kilometres south of Daylesford, a Karlie Emmerson project which gained significant support from the former Labor government. The weather on the day was Ms RYALL — I would like to wish my daughter, warm, with a healthy wind blowing that allowed the Karlie, a very happy 18th birthday today and to say: turbines to pump out the clean energy capable of thank you for being a wonderful blessing in my life and meeting the needs of the whole Daylesford-Hepburn a beautiful young woman. I love you dearly. Springs community. The only dampening effect on the day was the advice provided by board chair Simon David Smith Holmes à Court that two other Victorian communities Ms RYALL — Congratulations to David Smith, hoping to pursue this community wind farm model had unit controller at Nunawading State Emergency had their plans killed off in their tracks by the wind Service. David is one of 27 Victorian SES volunteers farm policies of the Baillieu government, which has who were acknowledged for their selfless service to the effectively put an end to the further growth in community at the 2011 SES national awards in employment and clean energy production which can be Melbourne on Sunday, 13 November. Mr Smith provided by wind turbine projects. received a national medal that recognised his 15 years Per Bernard, founder of Hepburn Wind, observed that of service. I thank David for his dedicated service in in his birthplace of Denmark most wind farms are assisting our local community and in his leadership role owned by communities, and he was proud that the in the Nunawading SES team. Hepburn community had come together to benefit from renewable energy. It is clearly a great project. I am Old Orchard Primary School: fundraising pleased to have been a supporter of it, as is Labor. What Ms RYALL — Well done to Liz Jackson and the a shame that the Baillieu government cannot follow. mums at Old Orchard Primary School in Blackburn Everett and Betty Hillier: 60th wedding North who had a Spring Racing Carnival-themed lunch recently to raise money for motor neurone disease anniversary research. Well done, ladies. Ms RYALL (Mitcham) — My warmest Stawell: shooting championships congratulations to Everett and Betty Hillier of Blackburn on the celebration of their 60th wedding Mr HELPER (Ripon) — It is certainly springtime, anniversary. and the many communities that make up the wonderful electorate of Ripon are celebrating spring in their Mitcham Primary School: Victorian Premiers’ various and marvellous ways. On Saturday, Reading Challenge 12 November, the Sporting Shooters Association of Ms RYALL — A round of applause for the students Australia held the sporting clays championship at the at Mitcham Primary School who have yet again Stawell clay target shooting complex. Competition completed the 2011 Premiers’ reading challenge. The continued on Sunday, 13 November, with the school has excelled itself with a 100 per cent commonwealth FITASC five stand championships. I completion rate every year since the challenge began. was fortunate to have been asked by Phillip Scott to fire This achievement is something that the school and a few shots at some clay targets and again display my students should be very proud of, and it shows a lack of shooting prowess. fabulous commitment to the importance of reading. Clunes Show
Magnus Anderson Mr HELPER — On Saturday, 19 November, the Ms RYALL — My congratulations go to Magnus Clunes and District Agricultural Society celebrated its Anderson of Laburnum Primary School on winning 151st Clunes Show. I congratulate the president, first place in the seven to eight-year-old age group in Stephen Kinnersly, on a fantastic show. this year’s National Association of Testing Authorities Beaufort Show young scientists of the year award. His entry, ‘The Great Science Experiment’, was commended by award Mr HELPER — On the following day, Sunday, judges for showing the relationships between cooking 20 November, the Beaufort Agricultural Society held and chemistry. Well done, Magnus. its show. I pay particular tribute to the announcer who repeatedly drew attention to the fact that the bucking
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Wednesday, 23 November 2011 ASSEMBLY 5591 bull was performing near the woodchop, with perfect Chilean community: civic forum diction, as is appropriate for such family affairs. Mr LANGUILLER (Derrimut) — I wish to The SPEAKER — Order! The member’s time has commend the Chilean government for its initiative expired. known as Participate Dialogue, involving the Chilean community living in Victoria. I especially commend the Rail: Southland station work of the Chilean Vice-Minister for Foreign Affairs, Fernando Schmidt, Chilean Ambassador Pedro Pablo Ms MILLER (Bentleigh) — It was disappointing to Diaz, the Chilean Consul General in Victoria, Diego learn recently that a member for South Eastern Rojas Velozo, and also Monica Zalaquett, MP, who Metropolitan Region in the Council, Labor MP Lee met the Chilean community in Victoria between 14 and Tarlamis, was spreading misleading information in the 16 October at the Melbourne town hall. community about the Victorian coalition government’s commitment to build a railway station at Southland. I The community engaged with the Chilean authorities and other neighbouring MPs have campaigned to have on a range of topics, including social security, dual a railway station built at Southland, which reflects the citizenship, Spanish language and culture, and other community’s needs. It will ease traffic congestion, issues important to the community in this state. encourage public transport use and, most importantly, Chileans in Victoria were able to renew their passports, improve accessibility for many elderly people in the identification cards and other documents at the region as well as accommodating those who do not Melbourne town hall, courtesy of the Chilean have access to a car. Like so many other promises that government and assisted by Melbourne City Council. were broken by Labor over the previous 11 years, a This is another example of cooperation and partnership railway station at Southland was promised but never between Chile and Australia. The scientific, economic delivered — it was Labor’s 2002 key election and political relationships continue to grow within the commitment given in a media release in December framework of the free trade agreement between these 2004. two countries, and this must be underpinned by cooperation in addressing issues that matter to the It has taken the Baillieu government to listen to the grassroots Chilean community in Australia. I commend community, and now in our first year we have already the leadership of the Victorian Chilean community for begun to deliver on our commitment to build a railway its excellent cooperation and engagement in civic and station at Southland. The commitment is contained in democratic forums. the 2011–12 budget, which allocates $700 000 to planning for the new railway station at Southland. This Patterson Lakes Primary School: multimedia commitment is part of a $403 million boost for public centre transport in the coalition government’s first budget after 11 years of Labor’s neglect and mismanagement. Mrs BAUER (Carrum) — I was delighted to officially open Patterson Lakes Primary School’s Labor is clearly up to its dirty tricks again, and it should multimedia centre and radio station last week, and I get its facts straight before misleading Victorians. Not was proud to deliver a $50 000 grant to make the centre only is the website given on its flyer not working; its possible. I enjoyed being interviewed by the Patto Victorian Labor team is not working either. After Radio girls and seeing the cutting-edge technology. I 11 long, dark years under Labor, it was obvious to me commend Stan Szuty, principal; Monique Corcoran, and to the community that this initiative was necessary. curriculum and innovations coordinator; Helene It has taken the opposition an awfully long time to have Bearup, ICT coordinator; Craig Jenner; and the radio an epiphany about this major project, but it is the vision station students for their professionalism, their of the Baillieu coalition government that is going to dedication to technology and their efforts. make it happen. We will fix the problems, and we will build for the future. Patterson River Secondary College: community service Bentleigh Secondary College: 55th anniversary Mrs BAUER — Patterson River Secondary College Ms MILLER — I congratulate Bentleigh students went beyond the call of duty during a Secondary College on celebrating its 55th anniversary community service project to clean up their local on the weekend. It was a wonderful event for past environment. Under the guidance of environment and teachers and students. sustainability coordinator Nick Haines, students paddled Kananook Creek in kayaks to clear the local
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5592 ASSEMBLY Wednesday, 23 November 2011 waterway of rubbish. Often forced to jump into the will see is what you will get’, Victorians have seen no murky water to collect the trash, the students did a sign of the accountability and transparency promised but instead have seen hidden agendas, spin and secrecy; fantastic job of clearing a large part of the river and the riverbanks, even retrieving old bikes and a washing (3) calls on the Premier to explain to the people of Victoria machine. A great job by all! why he believes doing an ‘awful lot’ includes: Lake Illawong Retirement Village (a) doubling state debt with nothing to show for it; (b) cutting funding for crucial services such as Mrs BAUER — It was a pleasure to present a education and health; Victorian flag to the residents of the Lake Illawong Retirement Village in Patterson Lakes recently. We all (c) interfering in and undermining police command; enjoyed a morning of great conversation and a terrific (d) failing to deliver a jobs plan; morning tea. Residents spoke of their appreciation of the Baillieu government’s leadership and vision — a (e) neglecting regional and rural Victoria, including in stark contrast to the previous government’s the lead-up to the fire season; and incompetence, waste and mismanagement. (f) refusing to negotiate in good faith with Victoria’s Chelsea Red Cross: fundraising auction public sector unions. (4) condemns the Premier for failing to take any Mrs BAUER — Congratulations to the ladies and responsibility for the actions of his government. gents of the Chelsea Red Cross on the success of their ‘fun auction’, which raised over $1700 for worthy Mr ANDREWS (Leader of the Opposition) — This community charities. is a very important matter. It goes to the heart of this government’s and this Premier’s failure to deliver on, The SPEAKER — Order! The member’s time has reward and repay the trust that has been placed in them expired. by the Victorian community.
Northern sewerage project: Bell Street land I have said over the last 12 months that we on this side of the house accept and respect the decision of the Ms CAMPBELL (Pascoe Vale) — I congratulate Victorian community last year. Victorians voted for a Australian Workers Union members and other workers change. They voted for a new government. They voted who have successfully completed the northern for the very simple promises and claims made by the sewerage project. I also say: shame on Melbourne Premier and his team to fix the problems and build the Water, which is acting as a 21st century colonialist in future. What we have seen throughout the last the way it is selling its Bell Street land. The land should 12 months is a Premier who is paralysed by indecision, be restored to its former glory and sold in single a Premier who is unable to lead, a Premier who has housing blocks. shown Victorians a special brand of weakness and a special brand of indifference, a Premier who is neither The SPEAKER — Order! The time for members capable of leading nor willing to lead this state to meet statements has now concluded. the challenges of our future, much less to capitalise on the opportunities that our great state has as we look to MATTERS OF PUBLIC IMPORTANCE the future. This Sunday marks one year since the change of Government: performance government — The SPEAKER — Order! I have accepted a Honourable members interjecting. statement from the member for Mulgrave proposing the following matter of public importance for discussion: Mr ANDREWS — and those opposite are suitably That this house: self-congratulatory about these things. The only people saying good things about this government are members (1) notes that Sunday, 27 November 2011 is the first of this government. The questions become: what is anniversary of the Baillieu-Ryan government; there to show for a majority in both houses; what is (2) notes that in the 365 days since the Premier promised there to show from a sound financial position that there would be ‘no hidden agenda, no spin, no bequeathed to this government; and what is there to secrecy … accountability and transparency will be the show for all the goodwill that falls to a new government principles that underpin our government … what you in its first 12 months?
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Wednesday, 23 November 2011 ASSEMBLY 5593
It seems a logical thing to say, but I will point it out to Mr ANDREWS — The member for Bentleigh will the Premier, that you only get the first year once. You have her opportunity in a moment, and we all wait with only get it once — and what is there to show for it? bated breath for another scintillating comment from up What is there for Victorian families at the end of this there in that corner. long first year of a Baillieu-Ryan government? No plan, no answers and, quite frankly, no idea. This is a The SPEAKER — Order! The Leader of the government that is all about deceit, all about indecision Opposition should ignore interjections. and all about surviving its time in office instead of leading this great state and making it fairer and Mr ANDREWS — I am only too happy to ignore stronger. In the last 12 months we have seen a complete interjections. abrogation of what are the fundamental responsibilities Ms Miller interjected. of any state government. We have seen a year of dithering instead of delivering and a year of deceit and The SPEAKER — Order! The member for double-dealing that, as I said a moment ago, betrays Bentleigh! instead of rewarding the trust that has been placed in this Premier and this government. That special brand of Mr ANDREWS — If you cared about education weakness I spoke about puts the prosperity of all and our kids’ future, why would you cut nearly Victorians and the future of our state at risk. It risks all $50 million out of the Victorian certificate of applied of our futures as residents of a state, as communities learning — — and as families. Ms Miller interjected. Let us go through a few of the failings of this government. It has absolutely no jobs plan. It has a The SPEAKER — Order! I am not going to warn well-crafted but, I would say, fatally flawed plan to the member for Bentleigh again. keep the jobs of its members but no jobs plan to grow Mr ANDREWS — It is a raving success. It is a this state, facilitate additional investment or grow and great program that works by giving kids a future and an secure jobs. There is no jobs plan whatsoever. We have opportunity to take their place in a productive Victoria. heaps of promises about supporting basic services but Why would you take funding of nearly $50 million no proper investment to do just that. In fact the situation away from those 20 000 students who each and every is quite the opposite for a dithering government, one year undertake the Victorian certificate of applied paralysed by indecision and inaction. Its members have learning? What is more, having done that, the got up to a few things, including grossly inappropriate government pretends it is not a cut. Its members do not conduct — and I will come to that in a moment — even have the courage of their convictions and will not setting new low standards for integrity in office. The come into this chamber and explain why they made that only other thing they seem to have achieved in the last decision. 12 months is slapping $2.2 billion worth of savage cutbacks on the basic services that are so important to The Minister for Education first said, ‘It is not a cut’, families and communities right across this state. I have and then said, ‘Yes, it is’. The Premier said it was not a spoken about the absence of a jobs plan, and I will cut; he said it was ‘embedded’ funding. It is embedded come back to employment in a moment. all right! This government has no credibility when it comes to talking about education. If you cared about I invite members to consider schools. It is pretty clear young people and their skills, training and productivity, that nothing is more important than giving our kids the as we hear the excuse for a Treasurer talk about all the best start in life. If you are interested in education, you time, why would you get rid of the apprenticeship would have to ask yourself why you would then rip completion bonus? Why would you scrap that? If you $480 million out of the education budget? Yesterday cared about capital works and the fabric of our schools, the Minister for Multicultural Affairs and Citizenship why would you get rid of the Victorian schools plan? talked about getting fair dinkum. If you are fair dinkum Why would you halve the capital works budget? These about kids and schools and their future, why would you are important questions, but there are no answers from take nearly $500 million out of our schools, all the this government when it comes to education. while pretending that you care about public education? What absolute nonsense! Turning to health, is there anything more important to families than being able to get support in our health Ms Miller interjected. system when and where they need it? If this government cares about health and is going to ‘fix the
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5594 ASSEMBLY Wednesday, 23 November 2011 problems in our health system’, the Premier has a few ratios but to improve them. We will not give up the questions to answer. Why is there not one extra doctor? fight on this. It is too important for patients in too many Why is there not one extra nurse? Why is there not one communities for these ratios to be undermined. extra hospital bed? Why is there no funding at all to deliver on the promise of the Monash Children’s Then we go to transport. I used to call the Minister for hospital in Melbourne’s south-eastern growth corridor? Public Transport the Barnaby Joyce of Victorian The quote from the government was, ‘We certainly politics — but, no, I was wrong. I am always prepared support that, and we will match Labor’s commitment’. to admit that I was wrong. Really, he is the George W. Words do not build children’s hospitals. Bush of Victorian politics, because a few sitting weeks ago we heard him say, ‘Mission accomplished’. All we The Premier was pleased to go along to open the Royal needed was the banner! Apparently we are in a golden Children’s Hospital; he was only too pleased to be there age of public transport. Apparently it is all fixed and we for that. I say to you, Speaker, and through you to the can just move along. What a fantastic effort from such a Premier, that words did not build the Royal Children’s fantastic minister over the last 11 months. Who knows Hospital. Broken promises did not build the Royal what he will do in the remaining three years of this Children’s Hospital. Money, effort, hard work and miserable government’s term in office? Maybe he will decency built the Royal Children’s Hospital — and that need to be reshuffled into something else. too is what will build the Monash Children’s centre for children and their families in the south-east. There is a litany of broken promises in transport. This government has no plan and no vision, and it has made Turning to nurses and their industrial action, and to the barely any investment — unless of course you are protracted dispute between the government and nurses someone who uses the New Street level crossing down at the moment, it is clear this is not a dispute about pay there in bustling Brighton. It is all happening down but a dispute about nurse-to-patient ratios. This there. What is it — no. 223 — — government wants to undermine nurse-to-patient ratios and make them staff-to-patient ratios, basically Ms Miller interjected. including untrained and unskilled nursing assistants, not to assist nurses but to replace nurses. The Mr ANDREWS — The member for Bentleigh has nurse-to-patient ratio was introduced and supported by a few level crossings in her electorate. If only she were the previous government, and that is why there are the member for Brighton, she would be able to boast more than 11 000 extra nurses on the wards. about some investment in her electorate. Sadly, she is Nurse-to-patient ratios work. They are good for the not. Funding a level crossing that is no. 223 on the list nursing profession, but what is more, they are good for before all of those other projects that the experts say are patients. Why any government would want to more important must fill the Minister for Public undermine and destroy nurse-to-patient ratios is beyond Transport and the member for Brighton with pride. It me. What a sorry state of affairs we have come to: a must warm their hearts. What a fantastic decision for debate about whether we should get rid of something the people of Brighton! What a fantastic decision the that works, something that sees Victoria lead the nation government has made in abrogating its responsibilities and the world in relation to health services and to all Victorians. There are so many other examples I something that is without any doubt in the interests of could go through in relation to transport. patients today, tomorrow and right into the future. I have spoken about slashing the apprenticeship Labor members do not just talk about supporting completion bonus, and we have heard a budget speech nurse-to-patient ratios; we supported them in from the Treasurer that did not even once mention the government, and we talked to the community last year words ‘jobs’ or ‘employment’. Jobs are leaving this about a plan not just to keep those ratios but to improve state at a very distressing rate and manufacturing is them by introducing them to areas like cancer care and under real pressure, and the best we get from this by better balancing workloads in stroke and government is a parroting of the phrase ‘We need to rehabilitation wards. It is not just words coming from improve productivity’. We have a Treasurer who could this side of the house on the issue of ratios; it is real not spell ‘productivity’, let alone deliver any. Talking action, real nurses, real care and a real determination to about issues ad nauseam is not a plan, it is not a stand shoulder to shoulder with nurses and their union solution, it is not securing jobs and it is not creating to defend nurse-to-patient ratios. That is my jobs. Wishful thinking is just that — no action, no plan commitment. I make it here today, and it comes on the and no jobs. No job has been secured by this back of a policy that I was proud to write and take to government in its 12 months in office. the Victorian community last year not just to defend
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Wednesday, 23 November 2011 ASSEMBLY 5595
Time is against me, and others will talk about Honourable members interjecting. community safety and some other important matters. I want to finish by talking about integrity in office. The SPEAKER — Order! The member for Yesterday we asked some questions in this place of the Footscray is out of her seat and out of order. Minister responsible for the establishment of an anti-corruption commission. I am pleased that the Mr Merlino interjected. Deputy Premier, who is also the Minister for Police and The SPEAKER — Order! If the member for Emergency Services — Sergeant Schultz, as we like to Monbulk wants to be part of this debate, I suggest he be call him, because he knew nothing — is in the chamber. quiet.
Now we have the dynamic duo: we have Sergeant Mr RYAN (Minister for Police and Emergency Schultz and we have the member for Kew, who we Services) — It is my great pleasure to join this debate. might call Alan Bond because he does not remember. May I start by saying that only the Labor Party would So we have ‘I don’t know’ and ‘I don’t remember’. No have the gall to bring this matter of public importance matter — they are only the Minister for Police and (MPI) before this house on this day. There would be Emergency Services and the Minister responsible for no-one else who would have the gall to bring this MPI the establishment of an anti-corruption commission before this house on this day. This Labor Party, this respectively. They are just ordinary chaps; they do not former Labor government, this failed, miserable bunch have any important role to play in respect of integrity who last year were voted out by the people of Victoria and probity. ‘I don’t know’ and ‘I don’t remember’ — in a swing which was greater than the loss suffered by that is integrity, isn’t it? What a great standard we are the Kirner government — — setting there! Mr Hulls interjected. What we all know is that a shameful, disgraceful and disgusting campaign was run from the office of the The SPEAKER — Order! The member for Deputy Premier to undermine the former Chief Niddrie! Commissioner of Police and his office. The best excuse we get for that potentially illegal and grossly Mr RYAN — There was a greater swing against inappropriate behaviour — misconduct of unknown previous Labor government members because proportions — in this Deputy Premier’s office for everybody knows that you cannot believe them. Those which there is no parallel in recent history is that we are opposite will say or do anything. We heard it all again all supposed to ‘move on’. this morning. They will say it; they will do it. If they think people will believe it — — To make it worse, as bad as the findings of the Crossing the Line report were and despite all the facts it Honourable members interjecting. put forward, there are still many questions yet to be answered. I say to the dynamic duo — to Sergeant The SPEAKER — Order! The Leader of the Schultz and Alan Bond — practise your answers, Opposition was heard in relative silence, apart from the because there are a lot more questions to come. I have members of bay 13. We have the rest of the MCG here to say that if the member for Kew’s IBAC (Independent today trying to quieten down the Deputy Premier. I Broad-based Anti-corruption Commission) is half an would ask members to show some respect and let us IBAC, he might well finish up in front of it. To make hear what the Deputy Premier has to say. If not, I am matters worse, there have been appalling standards on going to have to take action I do not want to take. display and no apology made to Simon Overland. Mr RYAN — It was the Labor Party that This government and its Premier have betrayed the trust bequeathed to us the desalination plant that is costing us of Victorians. This government has precious little to about $1.8 million every day. Every night when show for a year in office and a majority in both houses. Victorians close their eyes and go to sleep another All it has done is double debt, set new lows for a lack of $1.8 million or thereabouts has been burnt, and that will integrity and break promise after promise after promise. be the case for the next 30-odd years. Then there is the Victorians deserve better; Victorians deserve more. myki disaster. What about the pipeline? Seven hundred Talking about fixing the problems is no replacement for and fifty million dollars worth of pipeline is lying idle actually delivering decent government to this state. That up there because the bunch opposite betrayed country is what we all deserve and that is what this Premier Victorians. They promised they would never pipe water should start delivering. from north of the Great Dividing Range into the city. They wasted $750 million, and now the pipeline sits out
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5596 ASSEMBLY Wednesday, 23 November 2011 there lying idle. On it goes. Even this very day we had spaces and we will backfill those spaces as the recruits tabled in the Parliament a report from the Victorian come out of the academy. I was there yesterday to Ombudsman titled Own Motion Investigation into welcome another squad that graduated. It was a great ICT-enabled Projects, about which others will speak, I day for policing, a great day for those individuals and a have no doubt. I will just read from page 4. This report wonderful day to be there with the Chief Commissioner relates to the Ombudsman’s investigation of the 10 ICT of Police, Ken Lay. projects that bunch over there oversaw over the years — — Another issue is the 940 protective services officers (PSOs) we will recruit. People who travel on the Mr Hulls interjected. transport system in Victoria, people who use the trains in the metropolitan area and throughout the The SPEAKER — Order! The member for Niddrie regions — — is on a warning. Mr Merlino interjected. Mr RYAN — Paragraph 13 of the executive summary at page 4 states: The SPEAKER — Order! The member for Monbulk is on a warning. Each of the 10 projects I examined failed to meet expectations; most failed to meet delivery time frames; and all Mr RYAN — They understand that it is important ran over budget. The original budgets for these projects totalled $1.3 billion. The latest estimated cost is to have an increased level of security at train stations, $2.74 billion — an additional $1.44 billion cost to and we will have that as a result of the process we have government. set out. I am proud to say that yesterday the first squad of 21 PSOs was marched into the academy, and we will How about that! How about that, I ask rhetorically. Yet recruit the rest over the course of the coming years. this mob of opposition members comes in here to This terrific and eclectic group, with an average age of preach about economic management. They were a 33 years, is being trained to fulfil this important task. disaster; they remain a disaster. This black abyss known What have Labor members said and done? They have as Her Majesty’s loyal opposition has absolutely lost whinged, moaned, carped and done everything they the plot, and Victorians have been left to pay the price. possibly can to stop the whole thing from progressing. We now have the Labor Party taking the high moral They have failed, failed, failed. They will continue to ground. Don’t you love it when members of the Labor fail because they are simply not up to it. Party take the high moral ground? They are the absolute epitome of hypocrisy. Here we have the Labor Party We will be deploying more police through the efforts of taking the high moral ground. police command. Command will be sending them to places like Frankston and, all importantly, to the Let us have a look at a couple of the specifics in electorate of Bendigo East. relation to this. For a start let us look at what the previous Labor government did to policing in Victoria. Ms Allan interjected. It left Victoria Police in a situation where on the day it was thrown out of office it was spending less per capita Mr RYAN — Yes, that is how many will be there. I on Victoria Police than any other state in the Australian am delighted to see the member reflect the fact that nation — — extra police will be going there. In places like Mildura, the Latrobe Valley and right throughout the Mr Merlino interjected. metropolitan area and the regions we will see more police looking after the security of Victorians. It is a The SPEAKER — Order! The member for great thing, and it will happen because the Labor Party Monbulk! failed Victorians miserably in relation to the provision Mr RYAN — We had the lowest front-line and support of police, but we will fix it. It is another of operational police numbers per capita of any state in the the areas we will fix. Australian nation. Those opposite do not even deny it; I turn to preparations in relation to the fire season. they accept it as being a fact. It was of course the first Remember that the former government turned its back thing we set out to fix. We set out to fix it, and by hell on the people who were looking to have a buyback we are fixing it. We are going to recruit 1700 front-line scheme initiated. We want to make sure that all operational police, and we are well on the way to 67 recommendations of the 2009 Victorian Bushfires achieving that. By 30 June next year we will have the Royal Commission are implemented, and that is first 850 of those police trained. We will create those happening. The former government turned its back on
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Wednesday, 23 November 2011 ASSEMBLY 5597 the buyback scheme and flatly refused to introduce it. It increased the State Emergency Service budget to ran out this proposition: 50 000 houses would have to $38.8 million, which is an increase of 13 per cent. We be bought at a cost of $20 billion. That is the are funding the needed regional training facility proposition the former government advanced. upgrades. We are doing all the work necessary to make sure that we have those resources in place. We have a We are implementing this recommendation and have fleet of 41 aircraft ready to look after the interests of $50 million on the table. We have said to the people Victorians in the event of fire. As the fire services who are affected, ‘You will receive an offer from us if commissioner, the chief officer of the CFA and the you are able to comply with the standards we have set chief officer of the Department of Sustainability and out for this program’, and I am pleased to tell the house Environment have all said, we have exactly what we that we have already had extensive discussions with need to accommodate the threat to Victoria over the many of the fire-affected communities. They welcome course of this season. this project and believe it is a great thing for many of them. Many of these people, who were deserted by the Let us move to issues around regional Victoria. There is former Labor government, will be able to sell their commentary regarding regional Victoria in this hollow property in a manner that will enable them to quit their MPI proposed by the Leader of the Opposition. In this land with dignity. It is a great initiative of this area an enormous amount of work has been undertaken government and another of the things we have done to by government. We have introduced and passed implement the recommendations of the commission. legislation for the $1 billion Regional Growth Fund. This is an enormous amount of money that our regions We are doing many other things to prepare for the are delighted to have dedicated to their future, and we season. We are investing $65.8 million this year to now have the policy position around it. It entails many build 60 new or upgraded Country Fire Authority important components, including half a billion dollars (CFA) stations, together with 101 new firefighting in our first term of government, to make sure that vehicles. This is happening in our first 12-odd months people in the regions are looked after in a manner that is and is something the former Labor government could appropriate to their needs. never have done. We have conducted two community fire drills. Importantly $100 million of the Regional Growth Fund is dedicated to the Energy for the Regions policy. This Ms Green interjected. will see natural gas extensions, which is an initiative the Labor Party vacated in the lead-up to the election. It The SPEAKER — Order! The member for Yan abandoned these communities and said it would not do Yean! it. The local government infrastructure program means Mr RYAN — Last week I was at Lavers Hill, where that local government areas across the regions will have it was a great success. Members of the community an extra $100 million over the course of our first term. came together on a plan they had devised around work There is $100 million for the Putting Locals First that was done by one of their leading senior constables, program, which is a great initiative that allows local Laurie Allen, who is a terrific guy. We were able to communities to bring forward the sorts of initiatives evacuate the town in an organised manner and in a way that are important to them, like the Mildura riverfront that the local community identified as being able to be project. There is $3 million towards the redevelopment done if fire threatens. of the Mildura airport and another $5 million towards the riverfront parklands program. There are a variety of Currently out in the community we have a green paper other programs throughout the length and breadth of called Towards a More Disaster Resilient and Safer regional Victoria. Victoria. We have introduced legislation to deal with proper command structures to accommodate the Importantly in all of this is $6 million for the regional inevitable threat of fire. We have allocated another community leadership program. How often we hear $5 million over the next four years for our Fire Ready about and see the need for leadership in our Communities program. We have provided $15 million communities! We have allocated $6 million over four by way of an upgrade for Victoria’s emergency services years to this program, and it has been welcomed. There communications. We have boosted volunteer is $30 million for the Floods Community Recovery emergency services organisations with $11.6 million in Fund. The Regional Policy Advisory Committee has the current financial year alone to enable them to been established, and work has been done in the acquire the vital equipment they need; 109 grants have Latrobe Valley and the Central Goldfields shire. I know been made in relation to that program. We have the member for Ripon is pleased to see this happen. To his credit he has been present at various initiatives we
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5598 ASSEMBLY Wednesday, 23 November 2011 have been involved in, particularly in Maryborough. who gets involved in interjections will be out of the There is $5 million for the Latrobe Valley Industry and chamber. Employment Roadmap. We are doing this important work with the commonwealth government. I am Mr HOLDING (Lyndhurst) — There we have just working with Simon Crean, the federal Minister for had a sneak preview of the entertainment for next Regional Australia, Regional Development and Local year’s AFL Grand Final — Meatloaf had better look Government, and we are looking to get great outcomes out. We have just seen the Deputy Premier of Victoria for the future of the Latrobe Valley. imitating the Curious Case of Benjamin Button; he keeps getting smaller and smaller before our eyes. He Mr Carbines interjected. came into government with so much potential, and there he is now with a rating of 2 out of 10. The SPEAKER — Order! The member for Ivanhoe! This matter of public importance today, Speaker, gives us an opportunity to reflect on 12 months of the most Mr RYAN — Recently $1.5 million went to the disinterested, disengaged, dithering, do-nothing Latrobe Regional Airport. A variety of other initiatives government that Victorians have ever seen. The relate to the Central Goldfields shire, including coalition has been in government for 12 months, and $2.5 million for the Go Goldfields project. There is what does its economic record show? It has been in $160 million for the country roads and bridges program government for 12 months, and where has it placed and $5.2 million for the Marysville economic Victoria? Victoria had been the powerhouse for jobs development package. I have pages of these projects creation for the previous 10 years, the best state in that reflect the enormous commitment the government Australia on the basis of Labor’s financial management has made over its first 12 months to ensure that the and the state with the best books — AAA credit rated needs of rural and regional communities are by Standard and Poor’s and Moody’s. We were the accommodated. state with the best balance sheet. That was the financial legacy those opposite inherited 12 months ago, and There is one critical element of jobs growth that I want what do they have to show for it 12 months later? Let to share with the house. In the labour force detailed us rate their economic performance. electronic delivery data in relation to jobs growth published in October 2011 there are some important We saw the humiliating performance of the figures in which I know all members of the house will Treasurer — the bubble boy missing in action; the be interested. The figures show that in the last bloke in the witness protection program — at the 12 months 21 200 jobs were created in regional carbon tax press conference. We read the headlines Victoria. That compares to 14 400 jobs created in the ‘State fudges carbon figures’ in the Age, ‘Baillieu year ending October 2010 and an average of stands by Treasurer and his modelling’ in the 10 400 jobs over the three years from October 2007 to Australian Financial Review and ‘Wells fluffs quiz on October 2010. There were 21 200 jobs created just last carbon tax’. He could not answer the most basic year. Those statistics are from the Australian Bureau of questions during a press conference that he had himself Statistics. That is a magnificent achievement. called. It was a humiliating performance.
I have in front of me a record of the many jobs that He went off to the tax summit in Canberra and have been created in different locations right delivered a 45-second speech, another humiliating throughout rural and regional Victoria as a direct result performance. He claimed he did not receive an agenda of the investments we have made as a government over for it, when in fact he had been emailed an agenda to the course of the past 12 months. The record speaks for his own email address. We saw the absurd proposition itself. The reality is that only the Labor Party would of this report entitled Victorian Economic and have the absolute gall to propose this matter of public Financial Statement released by the Treasurer. What importance today. It is a pathetic, hopeless opposition. did the Age have to say on the following day? Under The people made their judgement in November last the headline ‘Treasury must hang head to be linked to year, and very obviously, judging by recent published Baillieu booklet’ it said: figures, the people agree that the right decision was made then. You have to wonder if Treasury isn’t ashamed to have its name attached to this so-called Victorian Economic and Honourable members interjecting. Financial Statement. If it isn’t, it certainly should be. According to the Premier Ted Baillieu, this document was written by Treasury. Yet it has little to do with economics and The SPEAKER — Order! I am not going to stand much to do with politics … up and call the house to order again. The next member
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Wednesday, 23 November 2011 ASSEMBLY 5599
It is the most embarrassing and inappropriate Where is the government’s jobs plan? Is there any politicisation of the Victorian Treasury that we have greater responsibility for any government, anywhere, seen in living memory, and that is the legacy of the than making sure there are well-paid, highly skilled current Treasurer. jobs for families? Is there any greater responsibility for any government? Where has it been? As our That brings us to the Deputy Leader of the Liberal manufacturing faces huge challenges, where has this Party, the Rip Van Winkle of the Victorian Parliament. government been? We have a manufacturing minister We all remember her, hair dishevelled, drifting into the who is the do-nothing minister; he is Minister for chamber up to the Premier. And what excuse did she Nothing. When they put him in place they forgot to use? She used the Ronald Reagan defence. ‘I am give him responsibility for the Victorian industry channelling Ronald Reagan’, she said. Was it not participation policy. How about it? We have a minister Ronald Reagan who said, ‘I’ve given up coffee at for manufacturing who is not even responsible for the lunchtime; I find it keeps me awake in the afternoon’? state’s key industry mechanism. The government Ronald Reagan, who said that in the event of a major changed the executive orders because it forgot to put national calamity he was to be immediately woken the orders in council in place correctly. even if he was in a cabinet meeting, is the example being channelled by the Deputy Leader of the Liberal We have a performance of manufacturing index that is Party. We have heard from the Deputy Premier, and we going to the dogs. What is the government doing about have heard from the environment minister. It just gets it? What is it doing to support our tourism industry in worse and worse and more and more humiliating as the face of a higher Australian dollar? What is it doing these ministers are put under pressure and found to support our education exports, one of the most wanting. successful things that have underpinned our state’s economic development in recent years? Where is its We have a Minister for Gaming whose key legislative jobs plan? Where is its infrastructure plan? Last week it achievement is introducing legislation to fine Victorians sent off to Infrastructure Australia — what was it? — a $12 000 if they have the temerity to insult him. pale imitation of the infrastructure program we put in Seriously, Speaker, you get fined $400 for leaving your place, the Victorian transport plan. It is hopeless; it is kids in the car but $12 000 for attempting to insult the really just a funding application for $640 million to the Minister for Gaming. These government members were commonwealth government for more plans. That is all not up to the difficult task of governing; they were not that plan is. It claims to be fixing the problems, but the ready for government. To go back to the Deputy Leader only solution it has put forward is a light version of the of the Liberal Party, the word ‘lazy’ does not infrastructure plan that we had in place. It is humiliating adequately describe this person’s approach to her work. and embarrassing for all Victorians to be subjected to As one tourism industry figure said to me recently, ‘She this. is the laziest tourism minister since she was last tourism minister’. They cannot get her to stay at an event after Mr Andrews interjected. 9 o’clock at night because she wants to go home — and we now know why. This is a person who needs her Mr HOLDING — As the Leader of the Opposition sleep; there is no question about it. She would not work interjects, so proud was the government of its in an iron lung. infrastructure plan it was snuck out the day that President Obama was in the country — to make sure it These are the people who bagged us for making sure got the least coverage possible and passed without that this state invested to bring Tiger Woods here to notice. boost our tourism and major events industry, and having bagged us in opposition for this decision, where We direct Victorians to springstreet.com.au, where they were all the government members over the period of can find all the unanswered questions that those the Presidents Cup? You could not get the Deputy opposite, who promised to be open and accountable, Leader of the Liberal Party out of the government have refused to answer. There they can find all of the marquee with the jaws-of-life and a crowbar. They broken promises. Those opposite make so much of their were all there embracing an event that the Labor Party claim that they are committing to delivering all of their brought to Victoria. Having bagged the investment that promises, but there is in fact a litany of broken promises we made in golf to bring the best golfers in the world and unfunded and underfunded projects that they here to play, there they were, supping it up in the promised when in opposition but are now not government marquee to make sure they were connected delivering. Victorians can see it all at with the event strategy that Labor put in place. springstreet.com.au.
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5600 ASSEMBLY Wednesday, 23 November 2011
When they voted in November last year Victorians designed to try to ruin members of the Liberal Party were promised a government that would be open and and their families. accountable. They were promised a government that would fix the problems. They are getting a government Honourable members interjecting. that is committed to spin and secrecy. They are getting a government that has no jobs plan, no infrastructure Mr WELLS — And their families, I say to the plan — a do-nothing government that seeks to have member for Lyndhurst. Yet the only financial and small-target strategies. Its ministerial standards are out economic policy they have released is to do what? Give the window. We have See No Evil in the Minister for everyone another public holiday. How will that fix the Environment and Climate Change, Hear No Evil in the problems? I will demonstrate to the house that if that is Minister for Police and Emergency Services, and Evil not the height of lazy opposition — — in the — — Honourable members interjecting.
The SPEAKER — Order! The member’s time has Mr WELLS — The opposition is lazy in that it has expired. come up with one economic and financial policy: to Mr WELLS (Treasurer) — We now know why the give everyone another public holiday in the run-up to Labor Party is still in opposition, should be in the grand final. That is pathetic. How does that fix opposition and deserves to be in opposition, as productivity? Opposition members hate the word demonstrated by the pathetic performance of the ‘productivity’ because of their union mates. member for Lyndhurst. Can you believe that through Honourable members interjecting. this pathetic matter of public importance opposition members are going to lecture us on debt? When we Mr WELLS — You absolutely hate the issue of came to government in 1992 — — productivity. Let me tell the house that in the last 10 years, on average, expenditure grew 8 per cent a Honourable members interjecting. year, and at the same time revenue grew only 7.3 per Mr WELLS — I will get to it. Just wait; I will get to cent. They were spending more money than they were it. receiving, making sure that they went further and further into debt. How irresponsible and pathetic. That Honourable members interjecting. is why they are out of government.
The SPEAKER — Order! The member for Let me come back to productivity. In the five years Lyndhurst has had his time. He also now has a warning. leading up to the year 2000 productivity was growing at 2.8 per cent. When Labor was in government Mr WELLS — Just wait. In 1992, when the productivity was 0.7 per cent and below the national Kennett government took office, the debt was about average. What did Labor do about improving $32 billion. That was paid down to about $3 billion. productivity? Nothing. It could not do a thing because it When the Labor government left office, it was back up is beholden to its union mates. When we came to to $32 billion. Members of the opposition just cannot government we had to not only deal with the issue of help themselves when it comes to debt. Let me low productivity but also sort out the mess of the major say — — projects over and over again. Can you believe the myki situation? What was the former Minister for Finance Honourable members interjecting. doing when the myki problems were being rolled out? I will tell you what he was doing. He was throwing more Mr WELLS — I will get to the issue of debt, don’t and more money at the problem, but it never fixed the worry. In the lead-up to the election we said we would problem. fix the problems and build the future. That was our election commitment. I am a very proud member of the What about the issue of the regional rail? What a Baillieu government, and let me tell you this: Ted classic. The current opposition said, ‘We did the sums Baillieu will go down in history as one of the great on the back of an envelope’. When the then minister for Premiers of this state. finance and the Treasurer came up with the regional rail system, as the Secretary of the Department of Transport I have been wondering what the opposition has actually has admitted, it was done on the back of an envelope. been doing in the last 12 months. For the last 12 months What a ridiculous situation. Then we had the its members have wasted their opportunities, and they Melbourne Markets — jeez, the Melbourne Markets! are heading down the same grubby path — a dirt unit How will that fix industry when it comes to the issue of
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Wednesday, 23 November 2011 ASSEMBLY 5601 fruit and vegetable markets? The previous government surplus. We cut stamp duty for first home buyers and, shut down the one in Footscray and moved it out to in addition, for pensioners and young farmers. That is Epping, but there was no revenue flow. Not one important. We identified $2.2 billion of wasteful person — not one tenant, not one stakeholder — was mismanagement by the Labor government. signed up. Who was responsible? Who was the minister for finance in the previous government? Then we had We pushed for and achieved a review of the GST the situations with HealthSMART, the LINK database distribution. For how many years, year after year, did and the desalination plant. This man — — Labor members come in and whinge and whine about the GST but never achieve anything? At least we have Honourable members interjecting. been able to force the Gillard government to make a change. We have been able to initiate reforms for the Mr WELLS — It costs $1.8 million a day before Victorian Funds Management Corporation. Under the 1 litre of water comes flowing down those pipes. Who previous government the corporation would invest in is responsible? He is: the former minister for finance. things like life settlement, which had to be written What a ridiculous situation. down by hundreds of millions of dollars.
Let us get to the situation of debt. In 2008 under Labor Under the Attorney-General, who is also the Minister the total public sector debt was $4.5 billion. Agree? for Finance, we have established responsible industrial You have no idea, do you? No idea. relations principles for major government projects, and the minister needs to be congratulated. We have also Honourable members interjecting. implemented the high-value, high-risk unit in the The DEPUTY SPEAKER — Order! I ask the Department of Treasury and Finance, which we are Treasurer to address his comments through the Chair. very proud of. It is something the former minister for finance should have done, but he was far too lazy. He Mr WELLS — He has no idea of his own numbers! was far too occupied with running his dirt unit and This is the same person who, standing in front of the getting out there and destroying the lives of Liberal cameras with the former Treasurer in the run-up to the MPs and their families. That was his main focus, so we election, started doing a press release on payroll tax are very proud of what we have done. which ended up being about stamp duty. It was Paul Austin from the Age who had to remind them that they In talking about unemployment let me make this point: were going to give a press release on stamp duty, not the unemployment rate today is 5.3 per cent. Do you payroll tax. Talk about embarrassing! Each of them was know what it was this time last year under Labor? trying to blame the other. Let me get back to the issue. Honourable members interjecting.
Honourable members interjecting. Mr WELLS — What was it? It was 5.5 per cent. Mr WELLS — I know you are excited by these We have actually cut the rate of unemployment. numbers. Let me explain. The total public sector debt in The DEPUTY SPEAKER — Order! Before I call 2008 was $4.5 billion. What was their forecast for the member for Bendigo East, I warn the member for 2014? Melton, the member for Kilsyth and the member for Mr Holding — We are waiting for you! Ferntree Gully. If they continue interjecting in the way in which they did then, they will be leaving the Mr WELLS — It was $31.7 billion. Let me make chamber. The member for Lyndhurst is on his second sure I have that right, to make sure that we remember: warning. $4.5 billion in 2008; $31.7 billion in 2014. That is what he was responsible for, and even in general Ms ALLAN (Bendigo East) — I am pleased to government — — contribute to this debate, which has been led by the Leader of the Opposition. Let us look at one of the The DEPUTY SPEAKER — Order! The Treasurer points made in the matter of public importance he has must refer to members by their correct titles. ‘He’ is not brought before the house. It directly quotes the Premier correct. back in those early, heady days of government in November last year, when he said: Mr WELLS — We will say the former minister responsible for the desalination plant then. What have What you will see is what you will get. we delivered on? We achieved a surplus in 2010–11. We said that we would commit to a $100 million
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5602 ASSEMBLY Wednesday, 23 November 2011
Let us have a look at what regional Victoria has got out them can now, under legislation, be spent in of this latest incarnation — this latest version — of a metropolitan Melbourne. Liberal-Nationals coalition and what that means for regional Victorians. Let us start at the very top. We saw After just one year what we have seen is that regional earlier today the attempted rehabilitation of the Deputy Victorians have been given that harsh reminder of what Premier, desperately trying to reclaim some credibility life under a Liberal-Nationals government means for that is long gone through his mishandling of his them. We have seen how decisions are made by a portfolios. Who is the person that parades around government led by Ted Baillieu. We must remember regional Victoria like a proud peacock, strutting around, that this government was formerly known as the desperately trying to convince regional Victorians that Baillieu-Ryan government. The Deputy Premier went his party is not the pale imitation of a lap dog that The from believing he was the co-skipper of the SS Minnow Nationals once were under the Liberal government led to being thought of more as a bumbling Gilligan. That by former Premier Jeff Kennett? Who is that person demonstrates just how quickly the gains of the past can trying to pull the wool over the eyes of regional be wound back. Those hard-fought gains that were put Victorians? It is of course the Deputy Premier. in place over the 11 years that Labor was in office, revitalising and rebuilding regional Victoria, have been What we have seen in the last couple of weeks when dramatically wound back by this government. the one-year reviews have come out from the commentators is that the Deputy Premier has been Let me go through a bit of a list — 10 items — that tells given the worst reviews of all over his handling of his this story. The first thing is that government members portfolio responsibilities: 2 out of 10. I do not recall scrapped the Regional Infrastructure Development anyone else plumbing the depths of a score of 2 out of Fund and replaced it with the sham Regional Growth 10 in the Sunday Herald Sun, which went on to say, Fund, from which money can now be spent in quite rightly, that he ‘has had a giant and irreparable metropolitan Melbourne. Second — and the Deputy hole punched in his credibility’. He certainly has had Premier made much of this in his earlier contribution to irreparable damage done to his credibility. Of course this debate — the Premier has failed to implement all the assessment was particularly scathing of his 67 recommendations from the bushfires royal performance in the police portfolio and the crisis in that commission, despite the Premier promising to do so area he created out of his own office. ‘lock, stock and barrel’.
However, other analyses of the Deputy Premier’s The most glaring failure of them all is the sham land performance in the past weeks are also around. Last buyback scheme the government has put in place. With week’s Weekly Times states that the Deputy Premier this policy the government completely thumbs its nose has ‘struggled to manage three crucial portfolios’. This at what the bushfires royal commission recommended is of grave concern to us in regional Victoria because and asked for. The commission asked for a scheme for these portfolios are important. The portfolios he holds the whole state, not a scheme for a small number of in regional and rural development and bushfire properties that were affected by the fires of Black response are particularly important to us in regional Saturday, as difficult as it is for those landowners. This Victoria. We look to the minister in those areas to show was meant to be a scheme for all high fire-risk areas leadership, and it is of great concern that he is across the state. Government members have walked struggling in those portfolios. In the same article the away from the commitment to that recommendation Weekly Times also says: and have failed to deliver on that promise to implement all 67 recommendations of the royal commission. Let’s hope Mr Ryan has more success managing the coalition’s $1 billion Regional Growth Fund. The next area is of course the complete botching of Fire Action Week. Fire Action Week is usually held well in To date — like his handling of, his bungling of and his advance of the fire season, to make sure that failures in the police portfolio — the Deputy Premier’s landowners are ready and prepared. This year Fire mismanagement of the Regional Growth Fund has Action Week was held last week, in the middle of badly let down regional Victorians. You need look no November, after a number of municipalities were further for evidence of how it has been mismanaged by already declared to be in the fire danger period. Then the Deputy Premier than the way money that was we saw that the government has cut funding to fire promised to regional Victoria has been allowed to be services by refusing to fund that vital third Elvis spent in metropolitan Melbourne. Money that the aircrane that was asked for by the Country Fire government promised regional Victorians would go to Authority. The CFA asked for this additional protection
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Wednesday, 23 November 2011 ASSEMBLY 5603 and it was refused by this government, despite the risk the closure? He visited, had a photo opportunity and a of grass fire this season being quite significant. round table, and that was the end of it. There was no support, no plan and no assistance to create new jobs in We can go on. No. 5 is that the government has refused the Goulburn Valley. Through that round table they to provide the $2 million — which is all it would would have been lucky to have got a cup of hot water take — needed to keep open the vital occasional and a teddy bear biscuit from this Premier. They have child-care programs run by Take a Break. Without this been let down completely by this government. funding in the next few weeks we will see many rural towns — towns like Tongala and others in Nationals Members know that governments are judged by the electorates — lose their child-care services and leave choices they make. After just one year we have seen parents without access to child care. from the decisions made that this latest version of a Liberal-Nationals government has an agenda that is Members have already heard that the government has taking regional Victoria backwards at precisely the time cut funding for the Victorian certificate of applied when it was ready to bloom and move forward. We learning. That will really hurt regional students. The have to work hard to keep up the momentum in government has hit regional apprentices with a double regional Victoria. That is why Labor members will not whammy by on the one hand slugging them with a fee let this go. We will pursue this government on regional increase and on the other hand taking away the jobs and we will pursue this government on assistance to employers to help them to hire an opportunities for young people in regional Victoria. We apprentice. The government has also ceased funding for will not stand by and let this latest version of a Foodbank Victoria’s rural outreach workers. Those Liberal-Nationals government once again treat regional workers are put in place to help rural families through Victoria as the toenails of the state. The current the tough times. Through the droughts and floods those leadership of The Nationals obviously learnt well at the workers are there to make sure that families in rural feet of former Premier Jeff Kennett when he slashed areas get access to basic food provisions. What have and burnt regional Victoria — and they are set to do it members of this government done? They have come all again. into government and cut funding for that program. They have abandoned those families in rural Victoria. Mr CLARK (Attorney-General) — I am pleased to have the opportunity to say a few words on this matter Speaking of abandoning people, government members of public importance. I looked at the matter that was put have abandoned regional commuters by failing to before the house by the member for Mulgrave, the purchase any additional V/Line carriages. We are Leader of the Opposition, and I saw, at paragraph 3(a), seeing fantastic growth in the number of people using ‘doubling state debt with nothing to show for it’ I must our regional rail network. That is because Labor made say that I was absolutely gobsmacked to think that the an investment in improving the rail lines to Bendigo, opposition had the nerve to raise this as a topic for Ballarat, Geelong, Ararat and Maryborough. Rail lines debate today, given its abysmal record in terms of that were closed down by the previous mismanagement of state debt during its term in Liberal-Nationals government were opened with a office — not only the massive increase in state debt, but flourish by Labor. Those rail lines are now attracting also having very little to show for the huge increase it greater patronage, but you cannot put people on trains if incurred. the trains are not there. You have to make that investment, but this government is not purchasing any The Treasurer has put on the record very strikingly the more rolling stock for the regional rail network. figures that relate to the increase in state debt that occurred under the previous government. The point I Finally, as members have already heard today, at a time want to emphasise is that members of the former when our economy and our manufacturing sector need government were warned and warned and warned again assistance more than ever because they are under great that that was exactly the direction they were heading in. pressure, members of this Liberal-Nationals They ignored those warnings, and they have now put government do not have a plan for jobs, including Victoria in a situation where the incoming coalition regional jobs; to make matters worse for regional government, as so often is the fate of coalition Victoria, they have abolished the previously in place governments, has been left to clean up the mess of dedicated role of a regional jobs minister. To see how financial mismanagement that we inherited from our the impact of this is felt we need look no further than Labor predecessors. You only need look back through the Goulburn Valley, where there has been the loss of the successive budget speeches of treasurers in the more than 300 jobs from the food-processing sector. previous government to see how the rhetoric changed What did that area get from the Premier in response to from budget to budget. I invite new members of the
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5604 ASSEMBLY Wednesday, 23 November 2011 opposition to do that, to look at the speeches made by At the macro level the previous government failed at Mr Brumby and others treasurers. In their early days financial management, and it also failed at the level of they were boasting that they were doing such a great individual portfolios. It left a legacy of black holes job in reducing debt and saying what a wonderful scattered across portfolio after portfolio. As incoming achievement it was for the state to be able to reduce ministers my colleagues and I have had to deal with debt. They were trying to piggyback on the those problems. On the surface there were ongoing, achievements of the Kennett government that were stable, established programs that were to continue flowing through into their era and claiming credit for indefinitely, but when we came to office and looked at the reduction of debt. the books we found that the funding for those programs was running out as of 30 June this year. A whole bunch Then the rhetoric changed. They were no longer of programs is set to run out as of 30 June next year. It reducing debt. They were saying what a wonderful job is fine to have a pilot program and say, ‘We are going they were doing because they had stabilised debt and to have a pilot for a set period, and then we are going to did that not show their sound financial management. decide whether we keep it’, but to have what on the Then debt started to take off again, and again the face of it are ongoing programs but which in fact are rhetoric changed. Now it was a responsible, affordable programs that have only short-term funding is appalling and well-managed increase in debt. Lo and behold, the mismanagement and deceit of the electorate. situation is, of course, now threatening to get totally out of control and, as I say, we as the incoming government In relation to the Attorney-General’s portfolio, there are have to act to fix the situation. two classic examples. The court integrated services program (CISP) helps offenders with mental health Mr Pallas interjected. issues, cognitive impairment or other personal difficulties to get back on track, turn away from crime Mr CLARK — The honourable member interjects and get their life back in order. It is a sensible program. about the facts. He simply needs to look at the chart that It is a program strongly supported by this government. shows graphically that under the Kennett government The only trouble was that the funding ran out as of debt was coming down, then in the mid years of the 30 June this year for what was supposed to be an previous government it levelled out, and then it started ongoing program. Had we allowed that program to fall to take off again to a point where it is putting real over, another program that was built upon the court pressure on the state’s finances. It has required this integrated services program to assist people with government to put a cap on the level of the debt in cognitive and other impairments would also have fallen relation to gross state product, which the previous over because it was predicated on CISP. We had to find government was unable to contain and which was $22 million to keep CISP going. We have not funded it going up budget after budget. To make matters worse, just in the short term but on an ongoing basis. as I said earlier, it was not as if the previous government was delivering value for the rapid increases Similarly, we had to find $9 million of funding over the in debt that it was incurring. It went around boasting next four years to maintain levels of support for about how it was increasing capital spending. It is very community legal centres (CLCs). Those on the other easy to spend a lot of money when you waste a lot of side wax lyrical about the importance of community money, and that was the problem: the former legal centres. They are indeed a valuable institution government was wasting huge slabs of money with within our community, and they provide an excellent what it was doing. service on very limited budgets. But money for regional CLCs and money for CLCs to run family violence Mr Pallas interjected. programs was set to run out on 30 June this year. We Mr CLARK — The member for Tarneit, who is at had to find the money to keep those programs going. the table and who was the roads minister in the former Mr Noonan — What about the international student regime, needs to accept substantial responsibility for his program? mismanagement of transport infrastructure and the amount of money he misspent under that portfolio. Mr CLARK — Despite the interjections of the Look at Melbourne Markets, which have previously member for Williamstown, we have also looked after been referred to. Look at the desal plant — that was an the International Student Legal Advice Clinic, which off-budget project, but it has lumbered Victorians with was another mess that was left in disarray by the close to $2 million of repayments a day as a result of previous government. Not only are we dealing with the incompetence of the previous government and the those financial problems, but despite those financial previous Minister for Water.
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Wednesday, 23 November 2011 ASSEMBLY 5605 problems we are also getting on with delivering our the offender to make reparation for the harm they have program. done or undergo alcohol or other programs that are necessary to help them curb the problems they are The member for Mulgrave in his matter before the suffering from. house has the nerve to question how much the incoming government is doing. Let me refer to some of These are all matters that the previous government the things we have been doing in the failed to act on. The current government is getting on Attorney-General’s portfolio to remedy the issue of with the job. We have done a lot, and we are going to community safety, which the previous government continue to do more. refused to admit even existed. It tried to go around saying, ‘There is not really a problem. It is just a Mr PALLAS (Tarneit) — I rise to support the perception of a problem. If we have a bit more spin and matter of public importance submitted by the member a bit more rhetoric, we can persuade the community for Mulgrave, the Leader of the Opposition. In so that it is actually safe after all’. doing, I indicate that this government started out by making some very substantial promises to the people of As I said yesterday, despite all the issues about crime Victoria, but in effect it wrote a blank cheque on its statistics, the long-term detailed crime statistics show own credibility. The government started by putting three areas in which crime clearly increased aside any specific commitment to the people of Victoria substantially under the previous government: violent and saying it would fix the problems and build the crimes against the person, property damage crimes and future. antisocial street crimes. It is no wonder Victorians felt they lacked safety — their safety had deteriorated The government started off fixing the problems by because of the failure of the previous government. doing nothing, and it started out building the future by doing nothing much. Of course what it did do was That is why the Deputy Premier and Minister for Police submit plans to the federal government about projects and Emergency Services has committed to putting extra that were already planned and in many cases funded by police back on the beat and protective services officers the federal government for delivery, such as Melbourne on railway stations so that after dark stations will be Metro 1 and WestLink, the second river crossing. Much places of safety rather than danger. In the of the money had already been put in place, but what Attorney-General’s portfolio we are moving to ensure did this government do? It continued the process of that there is stronger and more effective sentencing so planning. we can rebuild respect for the law and rebuild the respect shown by one citizen to another in the If we just go back to one of the criticisms that was community rather than the contempt for fellow citizens directed to the former Labor government, it came from that unfortunately an increasing minority is displaying none other than the current Treasurer. On 15 September at the moment because of the weak and ineffective laws 2009 he is recorded in Hansard as being critical of that were in place under the previous government. what he described as Victoria’s ‘so-called transport plan’. He said: We are getting rid of suspended sentences for all crimes to send a very clear message that jail will mean jail. We … no projects have commenced, and $30 billion of this plan is unfunded. What we need is urgent action on bringing are introducing statutory minimum sentences for forward major projects to get Victorians back into jobs. offences of gross violence so that people know that if they set upon and beat someone unconscious in a What outstanding commentary! What a great level of premeditated manner, they can expect to spend four success this government has set for itself: we need to years behind bars. We are reforming baseline sentences get going on major projects and we need to get so that the Parliament and the community can have a Victorians back into jobs. greater say in the overall level of sentences for serious crimes. We are acting against organised crime gangs. What have we seen from this government in 12 months We are reforming bail laws. We are reforming on major projects? There have been zero new major community-based sentences so that we build respect for projects. If you open up the budget papers, you will see the law and so that when a court thinks it is not in budget paper 4 an interesting statement: under the appropriate to give someone a custodial sentence it has heading ‘Major projects’ the letters ‘TBD’ appear a range of sentencing dispositions it can use to send a 26 times. What does TBD stand for? It does not stand clear message to the offender that their conduct is for ‘Ted Baillieu dithers’; it stands for ‘To be unacceptable. The court can put conditions on the determined’. The people of Victoria are still waiting for sentence that better protect the community or require the government’s determination. The Treasurer said
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5606 ASSEMBLY Wednesday, 23 November 2011 there was a need to get Victorians back into jobs. What Australian Nursing Federation state secretary Lisa Fitzpatrick happened to the government’s efforts to get Victorians said it had been an ‘excruciating process’ trying to get the government even to sit down and negotiate. back into jobs in the last 12 months? There are 17 100 more Victorians unemployed in this state today than We remember from previous times when the now there were when the Baillieu government came to government was in opposition that we would have power. What is more, the unemployment rate in the shadow minister after shadow minister standing up in state has grown from 4.7 per cent to 5.3 per cent. We this place and the other place demanding that ministers are now above the national average, which is 5.2 per become personally involved in negotiations in order to cent. That is this government’s achievement, and that is resolve issues. We never reached such a nadir of the level of achievement that in the past the now ineptitude and failure to negotiate in industrial relations Treasurer directed the then opposition towards. He said during the entire 11 years of the Bracks and Brumby that you should not have plans that are unfunded. Of governments as this government has jumped into so course this government will never run foul of that willingly and with great relish. However, not one criticism, because it has no plans. He said the minister is prepared to participate in a genuine process government should get on urgently and deliver projects. of negotiation, to take responsibility and stop hiding For the last 12 months we have seen nothing but behind bureaucrats. Members should make no mistake: dithering and inaction. He also said the government the current action by the nurses could have been should create jobs in the Victorian community, and we avoided if the Baillieu government had stepped up to have seen nothing of that. That is what the government the negotiating table and bargained in good faith. has done about fixing the problems and building the future. Nurses do not take industrial action lightly. The government can rail about it as much as it wants, but The basic and salutary lesson this government should nurses put the welfare of patients first. The people of learn is that how it starts sets the tone, direction and Victoria can believe that is the case because this is the course of a government throughout the remainder of its nurses’ livelihood. This is the profession they have term. At the moment we have thousands of public committed to. When politicians start talking about servants — nurses, teachers and community service nurses putting patients’ welfare at risk, they should workers — who are getting nothing. This is a understand that they direct a criticism to the very heart government that to all intents and purposes has of a profession that deserves much greater respect from effectively put in place a wage freeze because of its those in government. By failing to negotiate in good lack of good faith in the bargaining processes. This is a faith, this government is sending the message that it government that could not care less about fairness and does not care about Victorian nurses. equity for the workforce. This is an antiworker government — a government that picks on Victorian There has not been much negotiation going on in the workers who are just doing their jobs, paying their bills executive service of the Victorian public service, but I and supporting their families. This is a government of can tell you there have been some pretty substantial deceit and double dealing. wage increases. I have done an analysis of the executive remuneration increases in every Victorian This is a government that ultimately will reap the government department. It may come as a surprise that rewards of what is mutually assured destruction for executive officers in the Department of Health are picking on the people who are the arms and the legs of giving themselves nearly a 50 per cent remuneration delivery of services to the people of Victoria. The increase — in fact 46.4 per cent. This is a government words of John F. Kennedy ring in my ears: the fruits of that is prepared to shower largesse upon those who are victory will be mere ashes in your mouths if you go charged with the responsibility of cowing the carers in down this path. This is a government that, despite its our community and reducing their conditions to protests to the contrary, has not demonstrated good something less than a fair go. Nurses are professionals. faith in its bargaining with the representatives of the I might say from a government point of view we have public sector. As reported in the Age of 24 August heard time and again that it is prepared to pay 2.5 per 2011, the Australian Education Union president called cent plus bankable productivity — whatever that the government’s tactics ‘offensive’ as negotiations had means. only just begun. She said the government is ‘clearly not interested in good faith negotiations’. The article also Mr O’Brien — You would not know what bankable states: productivity is, would you?
Mr PALLAS — Absolutely — and let me say that the Flinders Institute does not know what it means in a
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Wednesday, 23 November 2011 ASSEMBLY 5607 public sector context. We are waiting to see what Mr Nardella said ESI aimed to process and export 20 million bankable productivity means when the government tonnes of brown coal pellets per annum by 2020 and harvest more than 20 million kilolitres of distilled water. gives a 4.7 per cent increase to police but refuses to provide the costings publicly. I will tell the house what Back in 2006 the member for Melton was actually in the costings are. The government had a nasty Office of favour of brown coal exports and brown coal Police Integrity report coming out and needed to put development in his electorate. He thought it led to jobs one problem back in the box, and that problem was and export earnings for his state and his area. What police, the thin blue line between the government and does the member say now? In Hansard of obscurity. That was it. 13 September he is reported as having said:
From a public point of view, the people of Victoria In this day and age, with the world looking over our shoulder deserve better, the nurses of Victoria deserve better and because of climate change, I find it extremely hard to the child protection workers of Victoria deserve better. understand what extracting coal from the ground and exporting it to India, which is what Mantle Mining is looking They deserve better than the overbloated econobabble at doing, is all about … I just find this extremely difficult. we hear from members on the other side of the house. If you are serious about providing for the welfare and Hypocrisy can be difficult sometimes. It can be really wellbeing of the carers and about the delivery of difficult when your own words come back to bite you improved services, then you start at the grassroots: you and reveal your hypocrisy and the hypocrisy of your make a commitment to the people who are your arms positions taken in government when you believed that and legs. That is where this government has failed. It exporting brown coal was a positive thing for your has failed to live up to its expectations and promises electorate, for the state, for the economy, but all of a and proved itself to be dishonest and disingenuous. sudden you now think it is a very bad idea because you are in opposition. Mr O’BRIEN (Minister for Gaming) — I am pleased to rise to speak on the matter of public Maybe that is why the miners hate Victoria, because importance, and it is fascinating to hear those opposite they had 11 years of a Labor government that did talk about jobs, because as Minister for Energy and nothing for them and whose members, now they are in Resources I can say that the opposition has been one of opposition, are carping about them. We have seen a the most negative and destructive of groups, not only complete lurch to the left by the Labor Party, and its when in opposition but also in its last term in efforts in the lead-up to the last election demonstrated government, when it comes to creating jobs in Victoria. that. Its great policy was to close down Hazelwood, the plant that produces 25 per cent of Victoria’s baseload An article in the Australian Financial Review of electricity — close down a plant that provides 800 jobs 8 October headed ‘Why the miners hate Victoria’ says: in regional Victoria. It did not cost that policy, it did not fund that policy — it had no money for it — but it was On the NSW side miners have jostled for position searching for valuable minerals. But go south of the Murray and the committed to doing that. tenements disappear. The miners are missing. Why, it is often asked, do the miners hate Victoria? It is not so long ago that the Labor Party said that Hazelwood was a very good thing and that expanding The answer is that they had 11 years of a government Hazelwood’s operations was a very good thing. I refer that did not care about the energy sector, did not care to a press release of 6 September 2005 from the offices about the resources sector and did not care about the of the then Premier and the then Minister for Energy regional jobs that go with them. Nothing could be more and Resources headed ‘Hazelwood agreement to secure demonstrative of the absolute hypocrisy of members Victoria’s energy supply while reducing greenhouse opposite than to look at the contrast from when they emissions’. It says: were in government to now when they are in opposition. Let us take the member for Melton, who ‘This is a $400 million project that ensures Victoria’s was quoted in a government press release — therefore I baseload power needs are secured well into the future’, Mr Theophanous said. presume he cannot say he was misquoted — of 27 October 2006: ‘This agreement also secures a future for more than 800 Hazelwood workers and their families. Local member of Parliament, Don Nardella, said construction had begun on the commercial plant at the Maddingley brown It will help keep energy prices low, which is great news for coal mine in Bacchus Marsh and would be ready to produce the Victorian economy. Our manufacturing sector alone the Coldry pellets in early 2007. employs more than 350 000 Victorians, largely because of low-cost and reliable energy supplies.’
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5608 ASSEMBLY Wednesday, 23 November 2011
In 2005 the view of the then Labor government was record on jobs has been absolutely appalling, and we that Hazelwood was good for jobs, good for the have seen its absolute willingness to ride roughshod economy, good for manufacturing and good for low over the interests of Victorians in regional Victoria as energy prices, but by 2010 it wanted to shut down long as it helps people within reach of the tram tracks. Hazelwood. It wanted to turn it off and get rid of it. It wanted to jack up energy prices for Victorians. It We come to the most significant impact on jobs in this wanted to kill regional jobs. It had no plan at all, state, which those opposite are supporting — that is, because it was so desperate to chase the Greens federal Labor’s carbon tax. The federal Treasury’s own preferences in the latte belt, and that is what it was all modelling shows that the impact of the carbon tax will about. It sold its soul, it sold out jobs and it sold out be felt strongest and hardest in Victoria, and it shows regional Victoria just to keep the members for that the impact of the carbon tax on the gross state Brunswick, Melbourne, Richmond and Northcote in product of any state in the country will be the most this place. It sold its soul, it sold out Victorians and it significant between 2012 and 2040. What does the sold out jobs in a desperate attempt to keep its inner city opposition say? The Age of 10 August 2011 says: MPs in this chamber. State opposition leader Daniel Andrews said he strongly supported the carbon pricing scheme and its compensation The great irony is that it was not the Greens that packages for industry, households and communities. actually delivered those seats to the Labor Party, it was the coalition. We were the ones who stood up and said Let us look at the compensation. The compensation we were putting the Greens last and would not be offered is $200 million for structural adjustment over preferencing the Greens. Labor should be thanking us. seven years. That is not just for Victoria, and it is not It is the coalition that, for its sins, is responsible for the for the Latrobe Valley; that is for the whole country. members for Brunswick, Northcote, Richmond and Even Kevin Rudd had $200 million over five years in Melbourne keeping those seats. Labor Party members his carbon pollution reduction scheme, so the Gillard did not have to sell their souls, sell out Victorians or sell package is actually less generous to regional Victoria out regional jobs, but they did. Labor was prepared to than the Kevin Rudd package was. Where is state sacrifice jobs in this state in pursuance of mad Greens Labor? Is it standing with the government, saying, ‘We policies, and it has had the nerve to come in here and need more, we need to protect regional jobs, we need to introduce a matter of public importance debate that protect regional communities, we need to ensure that refers to jobs. we can keep power prices low and we need to keep security of supply’? No, it is not. I referred to the former Minister for Energy and Resources, Mr Theophanous, who has made more State Labor is Canberra Labor’s cheer squad. It puts recent comments. In the Age of 4 July he said: Labor first and Victoria second, and it has shown this time and again. This carbon tax proposal, which is now Victorian Labor’s pre-election policy to shut one-quarter of becoming law, will hit Victoria first and hardest, and the Hazelwood power station at a potential cost to consumers and taxpayers of $2 billion was an attempt to garner Green state Labor is not prepared to stand up and argue the votes. Labor’s adoption of the policy was seen as a success case for its own constituents. It is so blinded by its for the Greens and increased anxiety among Labor’s pursuit of Greens preferences that it has sold out the traditional voters about impending electricity price rises. It very people it once claimed to represent. The party of contributed to Labor’s electoral loss. regional jobs and metropolitan jobs is actually the He went on to say: coalition.
Federal Labor’s reported new proposal to pay for the shutting Ms RICHARDSON (Northcote) — I am pleased to down of Hazelwood will be seen as another Greens win but speak on the matter of public importance brought the cost to the community will be considerable, not only from before the house by the Leader of the Opposition the buy-out but from the higher costs of gas or renewable because it provides me with an opportunity to stand up energy that will be needed to replace the power. This will not be popular with Labor’s heartland. and speak on behalf of Victorian commuters, who have been so neglected by this Liberal government in the last Labor’s heartland used to be the workers. It claimed it 12 months. was the party of labour, the party of the worker, but now it is not, it is the party of the barista, the party of All of us recall the many promises and commitments the latte-sipping inner city dweller, and it does not care that were made prior to the last election by the now about real people with real jobs. The former Labor Minister for Public Transport. He was going fix Minister for Energy and Resources, Theo congestion, he was going to fix freight and of course he Theophanous, has exposed Labor as such. Labor’s was going to fix public transport — and lo and behold
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Wednesday, 23 November 2011 ASSEMBLY 5609 he declared in this house just a few weeks ago, only 16 per cent of the Baillieu government’s new ‘Mission accomplished’. This is what he said: services are running in the right direction and at the right time to help the majority of commuters. … it took 11 years to put the public transport network on its knees, and it has taken 11 months to pick it up and put it back The problem for Minister Mulder is that 16 per cent is a where it should be. fail in anyone’s language. The minister has been Not surprisingly, the Age raised some very serious missing in action on this issue ever since those figures questions about this statement. It said: were released. Metro Trains Melbourne is claiming that it is running trains in the right direction, which is The danger in Mulder’s comments — which raised the somewhat less than truthful. In opposition the minister eyebrows of several coalition MPs — is not just that he has said: shot off too early on the transport system being fixed. It also questions the government’s and a senior minister’s Melbourne’s trains should travel to where commuters want to judgement. go, rather than where — … the government — Remember Mulder’s ‘it has taken 11 months to fix it up’ declaration the next time your train is cancelled or you can’t wants to send them … get on a tram. Minister Mulder clearly needs to take his own advice But it is not, as the Age has pointed out, the minister’s and act to make sure commuters have access to the judgement that is in question in this claim. The claim is services they need. It has prompted a variety of media all the more extraordinary when you consider that it concerns. ‘Stations to lose peak services’ was one of the flies in the face of so much evidence to the contrary. headlines in the Age, and the Herald Sun reported under the heading ‘Melbourne’s great train robbery’. I want to start by looking at the new timetable that was Countless suburban newspapers have highlighted the basically the bedrock upon which the minister made fact that loop services have been dramatically slashed this extraordinary claim. When he was first criticised as a result of the new timetable that was for this new timetable he said, ‘There’s nothing for me rubber-stamped by the minister. He has also added to do in this space. I am here to simply rubber-stamp extra time to services across the network, adding 20 to whatever is put before me’. A number of stakeholders 30 minutes to commuter time across each of the lines. said to me at that point, ‘That is interesting, because it is actually his responsibility to act in the interests of I also want to have a look at another key area of commuters, and he does have the power to alter the concern that flies in the face of Minister Mulder’s claim timetable that is put in front of him’. But he decided that he has fixed public transport — that is, the issue of that, no, he was not going to do that; he was not going level crossings. In a breathtaking political rort, the to stand up for commuters. He would merely minister has seen fit to put politics ahead of safety when rubber-stamp the timetable that was before him. it comes to the death traps that are level crossings across this state. If you travel through a level crossing Let us have a look at what he has delivered for wondering if it will or will not be fixed any time soon, commuters. An analysis of the old versus the new you had better check the electoral map and not the timetables reveals that commuters have paid a very independent ranking of the Department of Transport’s high price for this minister’s willingness to just, as he relative danger to work out whether or not it will be. puts it, rubber-stamp the timetable. It shows that most The minister has poured funds into crossing upgrades in of the extra services are simply travelling in the wrong Liberal-held seats and ignored the most dangerous direction, yet here he is singing the praises of the new crossings in the state. timetable. In fact nearly two out of every three new services run the wrong way in peak hour. There are no Of the 10 most dangerous crossings, only 2 get a share new services for commuters travelling into the city of the $16.5 million of planning money, and only 1 of during the morning peak on the Frankston, Cranbourne, those is in a Labor-held seat. But consider that a Pakenham, Craigieburn, Sydenham, Alamein, crossing in Brighton gets $2 million all on its own. Also Williamstown, Belgrave, Lilydale, Epping or consider that a crossing in the minister’s own seat Hurstbridge lines — no new services whatsoever. The receives $500 000 — and the only venue that crossing only new services that are on these lines in the morning services is the Terang Racing Club, where the minister are travelling in the wrong direction. Across the stables and trains some horses. This crossing sits 394 on network there are only 21 new peak services travelling the list of most dangerous crossings, as listed by the in the right direction, despite the government claiming Department of Transport (DOT). to have added 127 extra new services. This means that
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5610 ASSEMBLY Wednesday, 23 November 2011
Remember that point when the minister claims that Compensation in land, however, amounts to confining these are election commitments that he is delivering on, individuals to a particular locality, a practice most Western countries ended when they abolished serfdom. And reviving because he claimed prior to the election that he would serfdom would be a very strange way of modernising the fix the St Albans level crossing. In opposition he said public transport system. that Labor in government would have blood on its hands if it did not fix the St Albans crossing, but here In respect of countless measures on the public transport he is, despite his election commitment, upgrading network we have seen the minister either missing in crossings in Liberal-held seats with not one cent to fix action or prepared to deliver terrible outcomes for the St Albans crossing. The media has focused on this commuters. issue and delivered some disturbing reports on the minister’s choices in this area. I want to touch on the issue of roads. Clearly what we are seeing here is that the minister has absolutely no Turning to the budget, the minister must have made a plan whatsoever, just as is the case with public feeble presentation before the budget estimates, because transport. He is sitting on his hands and costing road despite the promise, there is no money for new trams users dearly. The truck action plan, which was shovel and no money for new buses in any of Melbourne’s ready when we were in government, has been sidelined growth corridors. There will be no new train services by this minister. Minuscule funding for road projects either. The reason for that, as was confirmed by the across the state has been delivered by the minister, but minister in hearings of the Public Accounts and in regional Victoria in particular there is a heavy price Estimates Committee, was that new trains will replace to pay for this minister’s inaction, despite the fact that the Hitachi trains he promised to retire prior to the last he calls regional Victoria home. Despite what he might election. There is no increase in train services and no think, this minister, who was once considered an new V/Line carriages, despite the fact that patronage is alternative Premier — he was the challenger to the booming with 31 million extra passenger trips expected current Premier in 2006 — has instead in the last in the next 12 months. The minister failed to deliver 12 months become one of the Liberal government’s any additional rolling stock across the network. weakest links. There are no significant funds available; instead he has made cuts to his budget. The trains are I want also to focus on what the minister did when it running backwards on his watch. There are no new rail came to the PSO (protective services officer) initiative. lines, just more money for consultants. He has put He decided to take money allocated in the DOT budget politics ahead of safety when it comes to level to upgrade 20 stations to premium status and hand it crossings, and he should hang his head in shame. over to the Minister for Police and Emergency Services to pay for his bungled PSO initiative. Daniel Bowen of Ms ASHER (Minister for Innovation, Services and the Public Transport Users Association was prompted Small Business) — I am pleased to participate in this to tweet in respect of this commitment that the minister debate on the hysterical and delusional matter of public had lied to the public transport ombudsman. The importance (MPI) proposed by the opposition. Don’t I minister has also cut funding with a 75 per cent cut for remember 1999? Members opposite have had a year in Disability Discrimination Act 1992 compliance to opposition; many of them have lost their government improve network access for those with a disability. jobs and lost the relevance of being a minister. They have moved to that side of the chamber. I remember it I want to touch on the Public Transport Development well! The current opposition members know that we Authority, because there is no independence and no have fixed four-year terms and that they are at about accountability when it comes to this authority. I thought quarter time. Opposition members are not liking it and it was a cornerstone of the Liberal Party that it would have come up with a matter of public importance that stand in defence against governments that sought to reflects the level of delusion they are now experiencing. interfere with individuals and their lives. However, on this minister’s watch he has determined that you may I want to make a couple of observations about a number get a knock on the door and someone saying, ‘We are of items in this MPI. The first one, which is a joke, is taking your house from you, and instead of giving you the opposition’s allegation that the Baillieu government cash in compensation we are going to move you down is a secretive government. Let me give members the road and place you right in front of our new opposite one example from my portfolio. I have Rowville rail line; that is going to be your lot’. Of all ministerial responsibility for the Australian Formula the newspapers only the Age, in an editorial of One Grand Prix, which I might add is the subject of a 17 November 2011, raises concerns about this: disgraceful contract signed by the previous government that allowed the private sector to walk all over it to secure this very good event. In terms of accountability,
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Wednesday, 23 November 2011 ASSEMBLY 5611
I have released a raft of documents to the Legislative eschewing spin. We are not putting out a glossy Council relating to the arrangements with police, health document. We are actually producing jobs. services, Parks Victoria and ambulance services. These documents were never released under the previous I invite members of the opposition to look at the annual Labor government. Hundreds of pages of documents on report of the Department of Business and Innovation this event were released via the Legislative Council. (DBI). This is the economic development department of the government. I urge members of the opposition to Also, in recognition of media and community horror at have a look at this annual report and see what progress the so-called annual report dump that used to occur is being made on exports, investment and the number of under the previous government, I released the lost jobs that are being created. I urge members of the figures on the Australian Grand Prix Corporation opposition to look at the raft of activities of the months in advance and was more than happy to subject Victorian government business offices. We have myself to an extensive press conference for scrutiny of recently seen the Premier go to China to pursue export those figures. opportunities that will create jobs in the private sector in Victoria. I urge members of the opposition to look at It riles me to hear the member for Lyndhurst make the DBI report and its coverage of grants and other comments about tourism, because I know he sat on an assistance provided by the government to the private economic impact statement when he was the minister sector to enable it to grow, export or do whatever it for Tourism and Major Events. I released an economic needs to do to create jobs. One of the problems with the impact statement about the Australian Formula One ALP is that it only looks at job creation in the public Grand Prix which was not as favourable to the sector. Throughout the budget papers and the DBI government as we may have liked. The member for annual report you can see that the coalition supports the Lyndhurst sat on a similar economic impact statement government setting parameters so that the private sector because it did not meet his political desires or the can create jobs. We believe there is more economic political rhetoric he was telling the community about generation as a consequence of that. the grand prix. He should use this time in opposition to reflect on his endeavours and perhaps not get so excited I urge members opposite to look at the tourism when he is in the chamber. industry, which is a $15.2 billion industry. It is Victoria’s no. 2 export and represents 193 000 jobs. We Let us look at the facts in regard to jobs. In November have just released the 10th iteration of the Jigsaw the Australian Bureau of Statistics released its October campaign, the most successful tourism advertising 2011 Australian labour force survey. It is very campaign ever devised. It was devised in 1993 by Jeff important to see how the Victorian figures stack up. Kennett. It is a brilliant advertising campaign. We have Since December 2010 more net jobs have been created just launched that campaign to encourage more visitors in Victoria than in any other state. A total of to Victoria. We devised the event strategy for Victoria, 22 900 new jobs have been created in Victoria since which represents $1.4 billion of economic development December 2010. Victoria is ahead of Queensland, for Victoria. That is a strategy that the Labor Party which created 20 800 new jobs, and Western Australia, initially opposed, but, boy, did it embrace it when it got which created 7400 new jobs. We are ahead of Western into government. It is good to see those sorts of Australia, the mineral state, in the creation of new jobs. changes. Victoria has accounted for 39.4 per cent of all net jobs created in Australia since December 2010. In the period I ask Labor Party members to look at our performance from December 2010 to October 2011 the Victorian in the film industry. government growth rate was equal second highest of all the states. It was tied with South Australia and only Mr Nardella — Filum? behind Queensland. Ms ASHER — No, that’s Kath and Kim. Since In terms of the national employment growth for the December 2010, Film Victoria has assisted in funding year to October 2011, Victoria had a 37.2 per cent film and TV production, which will result in an share, which was more than any other state. Let us look estimated 4300 project jobs for Victoria. These are at the figures, not at this delusional matter of public important areas. importance (MPI) before us. In picking up the terminology of the MPI, Labor wants the coalition to Zara opened earlier this year, creating 100 jobs. produce a jobs plan. If something is not in a glossy Topshop will open in December 2011. Tiffany’s has document, the Labor Party does not get it. That is the opened. David Jones will open a new department store problem with the Labor Party. This government is in the inner west by 2013, which will employ 600 staff,
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5612 ASSEMBLY Wednesday, 23 November 2011 as was announced in February this year. The Bank of the problems’. It promised that a lot of good work Melbourne announced in July 2011 that it will create would be done. What has happened? Zip, zero, zilch. 125 jobs for its new call centre. We can go on and on Things are going backwards in this state. It is not just with the jobs that have been announced under this because we have a lazy Premier; we also have an government. incompetent government. Have a look at it; 12 months on, what have we got? Confidence in the police has The Premier has announced a range of jobs. I have plummeted after the disgraceful scandal involving the announced a range of jobs. There is the new Springvale undermining of the Minister for Police and Emergency Homemaker Centre. All of these things are very Services. We have seen the resignation of a important indeed. We have seen a very important parliamentary secretary in the first 12 months of the delegation to India that represented $63 million of government being in office — that is, we have seen the exports. All of these things show how the coalition resignation of a senior member of government. We government is creating jobs without glossy brochures have seen major projects grind to a standstill. Essential and without spin, and it is doing this by doing the job services in health and education have had their budgets that state governments are elected to do. slashed. We have seen allegations of corruption of the cabinet process when it comes to tendering, and we In conclusion, I believe the opposition has been on have seen chaos in our hospitals. The list could go on. holiday for 12 months. Members of the opposition do not look at the annual reports tabled in Parliament. The Minister for Innovation, Services and Small They do not look at the budget papers. They want Business described the government as transparent. As everything put before them in a glossy document. They far as everyone else can see, a veil of secrecy has come have been on holiday. They are delusional. They have down on Victoria. As for transparency, we look failed in their job as an opposition, and I am here to forward to question time later today to see just how remind them that there are three years to go. open the answers will be to the questions to which Victorians need to have answers. We look forward to Mr HERBERT (Eltham) — It is a pleasure to rise transparency during question time today. on this matter of public importance that was raised by the member for Mulgrave. Before I begin my Anyone who follows politics knows that a great legacy contribution I thank the member for Brighton for was left by the former Labor government, a legacy that recognising Labor’s legacy on jobs in this state, a is being whittled away because of a lacklustre, legacy that came from long-term planning and wise incompetent and incredibly lazy coalition investment. However, I am not quite sure what she will government — lazy in application, lazy in process, lazy speak about in another year when that legacy starts to in probity and lazy in action. We have a government diminish and the inaction of her government starts to and a Premier — we see him in the chamber — that are show through. fond of taking long naps. I will not take any cheap shots at the member for Brighton; I have already taken a I also comment on the contribution of the member for couple. We have a government that naps. It likes long Malvern in regard to the Latrobe Valley; he bleated naps. It likes to sleep. In fact we have had 12 months of about the fate of the valley. I say to the member for long naps. Malvern, who is the Minister for Energy and Resources, that he ought to get into his While the government has been sleeping on the job, chauffeur-driven car and go down to the valley. He while it has been dreaming of the glory of government, should stop bleating about it and actually do something; Victorians have experienced a nightmare of inaction — he should take some action to support new industries in a nightmare in our transport system, a nightmare on our that area. He ought to visit Monash University’s roads, a nightmare over our vital economic Gippsland campus and give it a hand in funding its infrastructure, which needs to be developed, a Centre for Sustainable Technologies, which is nightmare in our hospitals and a nightmare in our necessary to establish new jobs in clean energy, clean schools. Those opposite came into government food manufacture and clean power production. The promising a lot, and now they blame the former valley is perfectly suited to develop these industries, but government for their economic woes. it just needs a bit of help from the government, rather than this bleating, carping criticism. The truth of it is that the financial crisis they find themselves in is a direct result of this government It is absolutely clear that one year in there is virtually talking down the Victorian economy at a time when it nothing in Victoria that this government can praise in needed to be supported. It is a direct result of unfunded terms of its actions. It came here saying, ‘We will fix or poorly funded election promises which have blown
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Wednesday, 23 November 2011 ASSEMBLY 5613 out the budget and gone through the ceiling, and they We have seen the abandonment of the core promise to are having to slash funds to schools and hospitals in teachers. Remember the promise? ‘Victorian teachers order to pay for it. When it comes down to it, not only will be the highest paid in the country’; it was a core is the government slashing funds to pay for its promise. The Minister responsible for the Teaching unfunded election promises, but we are yet to witness Profession went out there and told the tens of thousands any action or see any evidence that it has the ability to of teachers in this state that they would be the highest drag us out from under the problems it has created. paid. That was jettisoned. Now the offer is 2.5 per cent. Pretty soon Victorian teachers will be the lowest paid There is no better example of that than in education. Let teachers in the country. That will be the legacy, but that us have a look at what happened in education. The was not the promise the minister gave. Undoubtedly Labor government had a plan to rebuild the entire teachers in my electorate and right around the state school infrastructure of this state. We saw our TAFE know the absolute dishonesty of this government when institutes grow in training numbers. We had surety of it comes to education, and they will remember that at provision. We were rapidly improving the quality of the ballot box next time round. education for the 21st century. That has now gone.
Ms Ryall interjected. STATEMENTS ON REPORTS Mr HERBERT — The member for Mitcham says Public Accounts and Estimates Committee: money. Money is important, because $481 million has budget estimates 2011–12 (part 1) been slashed from the education budget. The truth of it is, and every political commentator would know this, Mr NOONAN (Williamstown) — I rise to make that education was Labor’s no. 1 priority; we invested some comments in relation to part 1 of the Public in it strongly. But as the member for Melton often says, Accounts and Estimates Committee report on the when you have a Liberal-Nationals government, 2011–12 budget estimates, which was tabled back in education goes out the window. This government does June. The aspect of the report that I want to speak to not have a commitment to education, and it certainly relates to the children and early childhood development does not have a commitment to public education. It is portfolio and specifically to the area of education. public education that is bearing the brunt of the slashes in funding by this government. Blind Freddy can see During the estimates hearing Labor committee what is happening in our schools. members asked a number of questions in relation to budget savings for that portfolio and specifically went If you want some detail, it is worth having a bit of a to the impact or potential impact on front-line look at what has happened to our schools and TAFE educational services. During the course of that hearing institutes over the last 12 months. We have seen the Minister for Education revealed that the government $481 million ripped out of our schools and the would deliver savings of around $480 million over the education budget, and we have not yet seen all the cuts; next four years in the education budget. The budget there are still a lot of cuts to go. We have seen capital also revealed that the Baillieu government had slashed works halved in this state, and the rebuilding program funding for school upgrades to the extent that not one for our schools has come to a grinding halt. We have existing primary or secondary school across the entire seen $250 million slashed from TAFE institutes that are length and breadth of the western suburbs of Melbourne needed to provide the skills for our economy in the received funding for upgrade works. Worse still, not future. one of the existing schools listed for future funding on pages 27 and 28 of budget paper 3 is located in the The government has slashed $48 million from the Williamstown electorate. That stands in stark contrast Victorian certificate of applied learning, and everyone to the more than $50 million Labor delivered to on this side of the chamber knows how that is hurting improve local schools in the Williamstown electorate students and young people who want to have a go at a during its time in government. vocational career and take up a trade. We have seen apprentice fees skyrocket by $200 per year, and we Let me come back to the issue of the Baillieu have seen the apprenticeship completion bonus for government’s budget savings of $480 million. The apprentices go out the window — the bonus is a vital education minister was asked by Martin Pakula, a measure to keep these young people in their trade and member for Western Metropolitan Region in the other able to finish off, particularly given the low income place, whether the Baillieu government cuts would they often earn as apprentices due to their age. No-one impact on front-line services. In fact Mr Pakula pursued cares about it; certainly not the government. this line of questioning with the education minister,
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5614 ASSEMBLY Wednesday, 23 November 2011 along with other Labor members, for almost the entire I ask the minister whether he considers the possible length of that hearing. In his answer the minister very reduction of Victorian certificate of education subject clearly stated that funding for front-line services ‘will offerings at Williamstown High School, which may be not be affected in any way’. The minister went on to brought on by funding cuts to VCAL — part of his explain: contribution to the budget estimates — to be consistent with his commitment and the statements he made That is the money by which the schools deliver all the during the budget estimates hearings. services, the curriculum, the materials, the maintenance and all those sorts of things … Let me be clear about why I support the VCAL These statements are now unbelievable and call into program. Last year the Western Melbourne Regional question the minister’s integrity, for it was not that long Development Australia Committee reported that after the budget that the opposition discovered that year 12 completion rates in the western region of there would be massive and long-lasting cuts to the Melbourne were up to 40 per cent lower compared to Victorian certificate of applied learning (VCAL) the eastern suburbs of Melbourne. It also reported that coordination funding. These cuts were made without unemployment levels among people in Melbourne’s any notice or consultation whatsoever with schools. west were higher — —
In the western suburbs of Melbourne, where year 12 The DEPUTY SPEAKER — Order! The completion rates are up to 40 per cent lower than in the member’s time has expired. eastern suburbs, VCAL, a Labor initiative, has been critical in driving up completion rates. In fact at Public Accounts and Estimates Committee: Bayside P–12 College’s Newport campus, year 11 and budget estimates 2011–12 (part 3) year 12 completion rates using VCAL credits soared from just over 60 per cent in 2006 to more than 85 per Mr MORRIS (Mornington) — I also take this cent by 2010. This figure points to increasing retention opportunity to refer to a report from the Public rates and, most pleasingly, increasing year 12 Accounts and Estimates Committee, but a rather more completion rates. recent one — that is, the report on the budget estimates, part 3. Parts 1, 2 and 3 provide feedback to the I should also report that Bayside college recently Parliament on the budget estimates process of celebrated the successful completion of VCAL by interrogation of ministers, which is always polite of Miriam Holmes, the first student with Down syndrome course, and hopefully provide a broad background and to ever complete the VCAL program at Bayside. That understanding of the matters that relate to the budget. I is a truly wonderful accomplishment by both Miriam have previously spoken about chapter 8 of the report, and the college. Bayside college now faces an annual which relates to commonwealth-state relations, to the cut of more than $60 000 to its VCAL coordination significant proportion of the state’s income that we now funding. This is absolutely disgraceful. receive from the commonwealth and to the very real risk that the state may become simply a service delivery The DEPUTY SPEAKER — Order! Is this arm of the commonwealth. Obviously we need to avoid included in the committee report? that at all costs.
Mr NOONAN — Absolutely. It goes to the cuts to Today I want to speak particularly about the key front-line services, which I will get to. Similarly aspects of the budget that are identified in chapter 2 of Williamstown High School will face an annual cut of the report. It states at page 9: $38 000 to VCAL. The school wrote a letter to the minister, which it copied to me. It is dated … the government has highlighted the challenge of maintaining the sustainability of Victoria’s financial standing. 10 November 2011 and states: Without financial sustainability almost nothing else Obviously, it is extremely difficult to cut $38 000 from our tight budget. We will have to look at a reduction in our matters. If you do not have the dollars, you cannot pay literacy and numeracy support/coaching program, VCE the wages, provide the services or build the subject offerings and the loss of other support structures in the infrastructure. You may as well not be here. Financial school. WHS — sustainability is of critical importance, and it has been eroding for the past decade. We now need to take stock that is, Williamstown High School — and deal with that. Interim measures are identified in has seen a steady improvement in VCE and NAPLAN results the budget, and they are to be supplemented by the in recent years, however if forced to divert funds to our formulation of a longer term strategic plan, which will VCAL program, this trend will be jeopardised.
STATEMENTS ON REPORTS
Wednesday, 23 November 2011 ASSEMBLY 5615 be published either in the lead-up to next year’s budget The DEPUTY SPEAKER — Order! Which report or as part of the budget process itself. is the member speaking on?
The delivery of election commitments is a particular Ms BEATTIE — The June 2010 report. feature of this year’s budget. Funding is allocated across the forward estimates up to 2014–15, with The DEPUTY SPEAKER — Order! That is from output commitments totalling $4.4 billion, which will the last Parliament. The Clerk has advised me that the provide for the vast majority of the government’s member should not be talking on a report from the last election commitments in output areas. There is Parliament. $1.1 billion for asset commitments, which provides for almost half of the asset election commitments. The Public Accounts and Estimates Committee: government has also committed to fully funding its budget estimates 2011–12 (part 3) remaining commitments during this term of Mr McCURDY (Murray Valley) — I am delighted government. Efficiency savings targets total to speak on the Public Accounts and Estimates $2.2 billion, and I will come back to that subject in a Committee budget estimates report, part 3. I take second. Totally beyond anyone’s control is the impact pleasure in making this contribution. Today I would of the floods that happened in the early part of this year, like to talk primarily about the response to the major and recovery costs for the state are expected to total flooding that happened in northern Victoria earlier this some $676 million. With $115 million to be recovered year — and some of us have already forgotten that it from insurance, there is a net amount of $561 million. happened this year. How quickly things change. There There is a $6.1 billion investment in infrastructure plus is a fair bit about this on page 23 of the budget an average of $4.6 billion per year for the remaining estimates report, part 3. three years of the forward estimates. Victoria is constantly challenged by Mother Nature. In the time remaining I will quickly run through the Over the last 10 years we have seen prolific droughts savings initiatives identified on page 21 of the report. and, as we all know, as night follows day floods then There are savings of $33.5 million through reduction of come. That is what happens on many occasions after ministerial staff, $85.8 million on media and marketing long periods of drought. I am always amazed by the positions, $185 million on consultants, $255 million on resilience shown by Victorians, especially rural and government advertising, $1 million on opinion polling, regional Victorians, and their never-say-die attitude to almost $70 million on external legal advice, $33 million protecting property and rebuilding, whether after on office floor space, $722 million on supplies and bushfires, floods or whatever it may be. Victorians are consumables, $50 million through the promotion of very resilient, and I respect that fact. People in many shared services, and $131 million by capping head northern Victorian towns and on farms are still cleaning office expenses. The total comes to almost $1.6 billion. up after the floods or are yet to rebuild and restore the The bottom line is that for the past decade the costs of buildings and infrastructure that were damaged during government have risen at a far greater rate than the the floods earlier this year. available revenue. Today we find ourselves in an environment in which revenue remains sluggish at best The report highlights that over 20 per cent of the state and is likely to remain so for some time. If we do not was flooded, which impacted on some 83 towns. In the confront the cost pressures, we will simply not be able report the Treasurer is quoted as saying: to maintain the services and provide the infrastructure required for ordinary Victorians. The gross cost of responding to flood damage is being assessed, and will be fully outlined by the government in the Drugs and Crime Prevention Committee: lead-up to the 2011–12 budget. The costs will include repairs to roads, hospitals, levees, a range of community people trafficking for sex work infrastructure and natural assets on public land.
Ms BEATTIE (Yuroke) — I would like to make a Some of these funds will be recovered through insurance, as few remarks on the June 2010 report of the inquiry into well as through the National Disaster Relief and Recovery people trafficking for sex work. I am pleased to see that Arrangements. However, there will be a significant net contribution from the Victorian government, which is other members of the Drugs and Crime Prevention committed to ensuring that those local communities affected Committee are in the house. Both the member for are assisted through asset repair and ongoing strategies to Mornington and I made contributions to the debate on retain their economic independence. the Sex Work and Other Acts Amendment Bill 2011 when it came before the house. I said during my I looked at some of the needs of local councils contribution on that bill that I was disappointed — — throughout this period. It was suggested that in terms of
STATEMENTS ON REPORTS
5616 ASSEMBLY Wednesday, 23 November 2011 cash flow it was a poor time for them to make the that education and early childhood development is one changes, repair the necessary infrastructure and then of two government areas to receive an investment of wait for the money to flow back to them. This above $10 billion. The other is health. These are two government decided to support the local councils by critical areas of government responsibility. making sure that they received payment for 50 per cent of the original quote up front. Then, as the bills came in We are fortunate, as Victorians and as Australians, to and the account was clarified, they would pay the have education and health-care systems that are balance. We were responding to the needs of local amongst the finest in the world. However, it is the government, and we are very pleased to have done that. responsibility of governments to ensure that access to education and health care is never compromised. Every It is certainly not just the individuals and our small rural child has the right to an education that will prepare communities that pay the high price; it is all Victorians them for a career and a lifetime of learning. Research who pay this cost imperative. We forget that the floods and innovation in education delivery continues to occurred just recently, back in February. There are improve. We know that there is no one-size-fits-all times when we would all like to see more infrastructure model for education; we must understand the differing being built throughout our state, but first and foremost learning styles and aspirations of each person. The we have been repairing a lot of infrastructure that was pathway of the Victorian certificate of education (VCE) damaged during that period. It is always important to and tertiary education is not suited to everyone. In get people back on track before we get around to being recognition of this fact, Labor established the Victorian able to build new infrastructure. It is not all about the certificate of applied learning (VCAL). This immensely new; it is sometimes about repairing and maintaining successful program provides a hands-on alternative what we have. As we invest back into our people and learning approach to the VCE. VCAL provides a communities we are using funds that could otherwise tangible pathway into careers for young people who have been used elsewhere. might otherwise leave school.
The report highlights that 11 state departments were However, in spite of the overwhelming success of this allocated funds. Without going through all the different outstanding Labor initiative, the coalition government departments again, I just want to touch on the funds that has cut $12 million per year from this vital program. As were distributed. To give an example, the Department a result, 70 per cent of registered VCAL providers will of Transport received $121.5 million to repair flood lose their program coordinators and 20 000 Victorian damage to arterial roads. The Department of students will be disadvantaged. The argument offered Sustainability and Environment received various by the government, that this program is now embedded moneys, including amounts of $60 million and and no longer requires coordinators, is contrary to the $34 million. But all that money needs to be accounted experience and concerns of VCAL providers across for, and it needs to be distributed in a timely manner. Victoria. These are resources that we have allocated for those departments to make sure that it is a transparent process The DEPUTY SPEAKER — Order! This was part and that the people in our communities are well looked of the report? after. The commonwealth government also made significant contributions, but as I say, there is always Mr McGUIRE — Yes. This cut is misdirected and room for more, and we have looked after those inappropriate, and it directly impacts on schools and communities quite well. young people in Broadmeadows. I have received an overwhelming response from concerned constituents In summary, I would like to say that this report reminds who cannot believe this government could be us that those floods occurred less than 12 months ago. It insensitive to the realities they confront every day of has been a cost to our community and a cost to their lives. Broadmeadows has an unemployment rate Treasury as well, and I commend this report to the three times above the state and national average. Youth house. unemployment is currently at 40 per cent, and Broadmeadows has the lowest uptake of tertiary Public Accounts and Estimates Committee: education in Victoria. budget estimates 2011–12 (part 2) This cut directly targets vulnerable people in vulnerable Mr McGUIRE (Broadmeadows) — I rise to areas at a vulnerable time. Not only does VCAL offer a comment on part 2 of the Public Accounts and pathway to employment, but most critically it keeps Estimates Committee report on the 2011–12 budget young people engaged in learning when they could estimates, which was tabled in June. The report shows otherwise be lost, becoming disengaged and
STATEMENTS ON REPORTS
Wednesday, 23 November 2011 ASSEMBLY 5617 disaffected. These are the concerns that were raised will inevitably deliver better productivity, which is directly with me by staff and students at the Hume something we are all supporting. If this cut is allowed Valley School in my electorate, when I recently to stand the coalition government, barely a year old, attended a sod-turning ceremony with the Minister for will have cheated these students and teachers. Education. Without the funding for VCAL coordinators, the entire VCAL program at the Hume The DEPUTY SPEAKER — Order! The Valley School, along with many other schools in member’s time has expired. Broadmeadows — — Public Accounts and Estimates Committee: Mr Delahunty — On a point of order, Deputy budget estimates 2011–12 (part 3) Speaker, I am not sure that this has relevance to the report that was tabled, and I do not believe it discussed Mr ANGUS (Forest Hill) — I am pleased to rise in detail the VCAL program. I just remind the member today to speak on the Public Accounts and Estimates that if we had not had a $1.4 billion overrun in the ICT Committee (PAEC) report on the 2011–12 budget projects we would have been able to fund a lot of these estimates, part 3. The report provides a detailed analysis things. relating to the 2011–12 budget estimates and forward estimates and includes a large number of The DEPUTY SPEAKER — Order! That is not a recommendations. The analysis is based on a range of point of order. I have asked the member for material, including the budget papers, the hearings that Broadmeadows if it is in the report, and he assured me were held in May, departmental responses to it is. I have not read the report. questionnaires the committee sent out, ministers’ responses to questions on notice and requests for further Mr McGUIRE — I am looking to make a detail, and any other relevant material. A lot of bipartisan point on how this works. We have this background work has gone into this, and it is a handy proposition, that is now critical in my electorate and reference document on the state budget for all everywhere else, that there has been a $60 million members. investment to help schools. The Minister for Education is an educationalist, and we have spoken directly on I note that it has taken almost six months of work how to improve the system — — investigating and analysing budget estimates to produce this document. In the report the committee makes The DEPUTY SPEAKER — Order! I believe the 90 recommendations designed to enhance government member may be straying away from the report now. reporting in the future. As I have said before in this place, that is what we on this side are on about. PAEC Mr McGUIRE — I will bring it back to the report, has embraced that approach of improving reporting to but I do think, in a bipartisan way, that this is a critical Parliament so that all members of Parliament and all point. I am prefacing that. This is a fundamental role in members of the public can clearly access, read and operating successful programs, and it is work that determine the financial, forward estimates and budget cannot be assumed by other staff who are already position of the state of Victoria. The document is very overworked and underpaid. The coalition plans to clear. Particularly given that this is the first budget of further burden hardworking teachers by slashing the new Baillieu government, it is an appropriate time funding, jeopardising programs and placing the futures for PAEC to lift the bar and bring in new requirements of vulnerable students under threat. This cut is too for reporting and an extensive consideration of the important for petty politics, and it must never get budget process and accountability mechanisms. This beyond being a mere oversight. I call on the has resulted in an increase in the transparency and government to reverse its decision and reinstate the accountability of the budget, and that is something funding to VCAL. It is not just the right thing to do, it members of this place should be pleased about. For the would be upholding the responsibility of government. first time the report includes an overall analysis of the VCAL is critical in keeping young people engaged with new output initiatives released in the budget. That will the education system and preparing them for lifelong help all members see where the money is going, what it learning. is being used for, and how that fits into the overall It is the great tragedy of the school system that too picture. many young people drop out feeling that school is not I will now refer to the structure of the report. It contains for them. VCAL has been incredibly successful in a number of chapters, and I want to highlight some of reversing this trend. It provides skills and a pathway to them. Chapter 3 is basically a review of the budget work, restores faith in education in young people and papers, and it especially highlights changes that have
TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011
5618 ASSEMBLY Wednesday, 23 November 2011 occurred between the 2010–11 and 2011–12 budgets; There were three key matters raised at the budget chapters 4 and 5 explore the output and asset initiatives estimates hearing: contractual arrangements and the released in the 2011–12 budget; chapters 6 and 7 future direction of the grand prix; attracting additional analyse the trends in revenue and expenditure; international air services to Melbourne; and facilitating chapter 8 examines commonwealth-state relations and new tourism investment in regional Victoria. It is the impact of these on the budget and the government particularly to the second point — attracting additional in 2011–12; and they go on. international air services to Melbourne — that I want to speak. It takes a lot to attract new air services to I particularly want to refer to chapter 8 and in particular Melbourne. It is not just a matter of saying to another page 207. I will quote from the report because this country, ‘Well, we’ve got an airport and there are a section deals with the GST grants in 2011–12. For the couple of runways; please land a plane load of tourists Victorian budget this was an important and dramatic here’. You have to have an attractive package, but you situation. What the Victorian people ended up with also have to have an entire team working on the plans, was: the seating, the landing rights, the facilities for when people are here and the quarantine arrangements. It … the 2011–12 budget estimate for the GST grants in 2011–12 is $811 million less than what was expected at the takes a lot of work to get another international airline to time of the 2010–11 Budget Update. come to Melbourne.
It goes on further to state: Recently we saw the success of the former Victorian government in getting Air India to come to Melbourne. Based on the 2011–12 figures, the government estimates that There was a frantic bidding war between Melbourne, Victoria will receive $4.1 billion less between 2010–11 and 2014–15 than had been expected at the time of the 2010–11 Sydney and indeed Queensland. Everybody wants to Budget Update. get in on the market, so to speak. On the weekend I was particularly disturbed to read that the new Liberal That refers to the GST grants from the commonwealth. government in New South Wales is going after Air What a dreadful position the Department of Treasury India for a direct route to Sydney instead of Melbourne. and Finance and the Treasurer have had to deal with, This could cost not only our tourism industry dearly but with the slashing by the federal government of the GST also the surrounding package that is so important to entitlement of this state. That has clearly had an impact, Victoria — the jobs that surround the airport. It is also and is well addressed in part 3 of the report. Members packaged up with international students. I urge the who want to delve into that can clearly see from the government to put more work into attracting report how that has been dealt with by the Treasurer. international air services and to go to Air India. I know The recommendations contained in the report will result the Minister for Tourism and Major Events led a large in improved reporting to all members here. I thank the delegation to India — I understand it was the biggest staff, and I commend the report to members. ever — but it does not seem to have nailed down Melbourne for that international route. I urge the The DEPUTY SPEAKER — Order! The minister to put more work into it. I have a large Indian member’s time has expired. community in my electorate, and the largest Sikh Public Accounts and Estimates Committee: temple in the Southern Hemisphere is in my area, so it budget estimates 2011–12 (part 1) all fits nicely. I urge the minister to put more work into that area. Ms BEATTIE (Yuroke) (By leave) — I thank the minister at the table, the Minister for Sport and TRANSPORT LEGISLATION Recreation, for his indulgence. This is take two. I would like to comment on the report on the 2011–12 budget AMENDMENT (MARINE SAFETY AND estimates, part 1. I would particularly like to address my OTHER AMENDMENTS) BILL 2011 remarks to chapter 3.10 on the tourism and major Second reading events portfolio. From the contribution by the Minister for Tourism and Major Events on the matter of public Debate resumed from 22 November; motion of importance we heard how important tourism is to the Dr NAPTHINE (Minister for Ports). state of Victoria. As the member who represents the important and only international airport in Victoria, Mrs BAUER (Carrum) — I am pleased to continue Melbourne Airport, I cannot help but agree with the my contribution to this debate on the Transport minister on how important the tourism industry is to Legislation Amendment (Marine Safety and Other Victoria. Amendments) Bill 2011. Earlier I spoke of the great
TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5619 assets of our waterways and Port Phillip Bay, which are Until now dangerous boaters or power watercraft heavily populated with recreational and commercially operators could only be fined for reckless behaviour operated boats. Ninety-nine per cent of the boating around swimmers and other boat users. This bill also community does the right thing. This bill addresses the takes an important step forward in relation to the small minority who flout the law. protection of our marine wildlife and holding people responsible for their crimes. This means that those who Between 2006 and 2010 there were, on average, five endanger whales, dolphins and other marine life will recreational vehicle fatalities per year in Victoria, this also face penalties. Incidents of marine animals being being a reduction on previous years. However, the injured or killed at the hands of reckless and callous Department of Transport reported in August this year people is an unfortunate reality. The Dolphin Research an upward trend in the number of incidents and injuries Institute estimates that there are approximately in the recreational sector. In particular hospital-treated 120 bottlenose dolphins in Port Phillip Bay, and there injuries associated with recreational boating have are close to six prosecutions each year of people who doubled over the period from 2003–04 to 2009–10, so it harass marine animals. To deter and prevent such is of great importance that we continue to improve accidents we need to demonstrate through our Victoria’s marine safety. legislation that deliberately injuring or tormenting wildlife is a serious crime. This bill reinforces that I commend the Minister for Ports on his focus and message by extending the hoon boating scheme so that promotion of marine safety through the various the legislation will also apply to those who actively adjustments to current legislation that this bill will pursue or hunt our protected marine life. introduce. In particular I bring the house’s attention to clause 21 of the bill, which extends the Marine Safety In relation to the process for the issuing and renewal of Act 2010 to not just those who personally operate a marine licences and certificates, the adjustments to the vessel in a dangerous manner but those who allow or Marine Safety Act 2010 will facilitate a smoother cause a vessel to be operated in a dangerous manner. process. I have heard stories of frustration and This expands the Marine Safety Act 2010 in relation to confusion from boat owners struggling with a complex the category of hoons, who face penalties of up to licensing and certification system, particularly those 240 penalty units or a maximum of two years who are seeking to purchase a vessel and are therefore imprisonment. not the current owner of that vessel. Clause 13 of this bill amends section 64(1) of the Marine Safety Act In 2003 to 2007 Monash University undertook a study 2010 so that people other than the owner of the vessel that found that human factors were the cause of 60 per can apply for a safe construction certificate. This cent of serious marine incidents. In 2007, users of adjustment, as well as many others, will have an power watercraft, though only making up 4.5 per cent immediate positive impact for my constituents. The bill of recreational licence-holders, made up 16 per cent of also makes a significant change to the Marine Safety hospitalisations from recreation vessel incidents. It is Act 2010 so that operators of hire and drive vessels are essential that we send a loud and clear message that treated the same as operators of recreational vessels. those who play in our bay must do so safely or face the consequences. If we are to maintain safe waterways, it This bill also modifies sections of the Marine Safety is essential that we crack down on the preventable Act 2010 to address the longstanding frustration that human element of these serious marine accidents — the holders of interstate or international licences, hoon behaviour element. This bill will extend the hoon certificates or permits have experienced when seeking scheme to allow those protecting our waterways to deal to operate vessels in Victorian waters. Their with the small yet significant hoon element on our qualifications can now be recognised if those waterways. certificates were granted by a body recognised by the Australian Maritime Safety Authority. This bill also Once again we see that the Baillieu government is makes changes to the current Marine Act 1988 so that it serious about reducing hoon behaviour, be it on our is patently clear that cost recovery can be sought from roads or our waterways. This law sends a clear the owner of the vessel for the clean-up or prevention of message: reckless behaviour on our waterways will not marine pollution. be tolerated. This brings me to commend the integration of marine infringement notices into the transport safety The Marine Safety Act 2010 had the right intentions; infringement notice process. This will provide a more however, the devil is in the detail, as we have regularly cohesive, consistent and efficient way of dealing with discovered with bills that were rushed through by the those who offend, be it on our buses, rail or waterways. previous government in its last year of office. This bill rectifies a number of oversights and technical issues
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5620 ASSEMBLY Wednesday, 23 November 2011 and further reinforces that the Baillieu coalition the Transport Integration Act 2010. They cover a range government recognises the significance of our of other significant matters. I consider the hoon boating waterways and bays for Victorians. With this, the bill aspect to be most important. Members of the house will seeks to further protect those who participate in marine be aware that in 2009 the Brumby government activities by improving current legislation to make it introduced into the Marine Act 1988 a scheme to stronger, clearer and more enforceable. For these combat hoon boating and antisocial behaviour on reasons I commend the bill to the house. Victoria’s waterways. Under that regime marine hoon behaviour was limited to dangerous behaviour. The Mr WYNNE (Richmond) — I rise to make a 2009 scheme made available to water police and certain contribution to the Transport Legislation Amendment authorised officers sanctions including the ability to (Marine Safety and Other Amendments) Bill 2011, and order a person off the water for up to 24 hours and to in doing so I declare unequivocally that I have a prohibit the use of vessels for up to 48 hours. conflict of interest. There is no doubt about that; I am a very keen boatperson and, along with my two sons, a I refer to those of us who use the bay, and in this very unsuccessful fisherman, but I assure you, Deputy context I acknowledge the member for Prahran. Speaker, that we are extremely well equipped for the Usually he and I have a spirited discourse across the task. It is a great sport and a relaxing activity. To have chamber. He also has quite extensive experience on the Port Phillip Bay available to us and accessible from so water. That was in a previous life and was in a many points around it is really one of the great delights commercial capacity up and down the Yarra River. At of being a Melburnian. Certainly I and my two boys some time in the future he may show some generosity have enjoyed many a good afternoon out on Port Phillip and may well return to that. Bay chasing — sometimes successfully, but mostly unsuccessfully — snapper and so forth. The bay is extraordinarily busy, with the biggest container port in the country. The Yarra River also is I acknowledge that the bay is one of the richest marine extremely busy, with ferries and other commercial environments in this country. In many respects the boats. They also run up and down the Maribyrnong diversity of marine life in our bay rivals that of the River, and some come across to Williamstown. When northern coast of Queensland. That is so also for our the weather in the area permits, we also have planes rivers, including the Yarra and Maribyrnong rivers. The that land on the water. It is a quite busy environment in number of people who dive in and recreate on the bay is which to be operating a boat. growing year by year. With some pride I report to the house that at 15 my younger son got himself an open Sitting suspended 1.00 p.m. until 2.02 p.m. water diving licence. He is probably one of the youngest people in the state to manage to get that Business interrupted pursuant to standing orders. licence, and he is a pretty active diver off boats on the bay. It is a wonderful experience to be on the bay, and it QUESTIONS WITHOUT NOTICE is one that I strongly recommend to people. Our bay is one of the untold stories. It is a beautiful marine Minister for Environment and Climate environment, and as you, Deputy Speaker, would Change: shareholding expect me to say, I consider it second to none in this country. Mr ANDREWS (Leader of the Opposition) — My question is to the Minister for Environment and Climate As members will be aware if they have read my Change. Given the announcement by the minister that pecuniary interest form, I am a member of the he will be selling his shares in Silex Systems and his Williamstown Sailing Club, which is a beautiful acknowledgement of a conflict of interest, I ask again, community club down on the bay. I acknowledge one very clearly: did the minister leave the cabinet room of the great community members of the Williamstown when this matter was decided? club, Bill Pride. He is a wonderful man who was honoured with an Order of Australia medal for his work Mr R. SMITH (Minister for Environment and with the community at the club, which is where we Climate Change) — First of all, I do not think there has launch our boat from. been an acknowledgement that there has been a conflict of interest. Boating is a wonderful activity. I will concentrate on only the recreational boating aspects of the bill. The bill Honourable members interjecting. amends four acts: the Marine Safety Act 2010, the Marine Act 1988, the Port Management Act 1995 and
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Wednesday, 23 November 2011 ASSEMBLY 5621
The SPEAKER — Order! The Leader of the into ICT-enabled projects, which was conducted in Opposition has asked his question. consultation with the Victorian Auditor-General, was tabled in this house. It is a damning report of the Mr R. SMITH — I made the decision to sell my previous government’s management of ICT. The report shares this morning because I think it is best that we do released today says it all about the previous not have these ongoing, pathetic mud-slinging games government’s incompetence, mismanagement and that the opposition insists on playing when really the waste. I am afraid taxpayers would be simply horrified scrutiny should be on how those opposite lost by this report and its finding that nearly $1.4 billion in $1.4 billion on ICT projects during their term in cost overruns and waste has occurred because of the government. previous government’s incompetence.
The SPEAKER — Order! A point of order — — Under the previous government ICT projects were one big systems crash, costing taxpayers dearly. Not only Mr R. SMITH — That is what we should be were these projects massively over budget, they were worrying about. massively over time as well. The inception and delivery The SPEAKER — Order! I will not tell the minister of all 10 of the projects examined by the Ombudsman again — I told him yesterday — that when I say there is in conjunction with the Auditor-General were the a point of order, he will be quiet and go back to his seat. responsibility of the former Labor government. Projects that were supposed to cost $1.3 billion blew out to at Mr Hulls — On a point of order, Speaker, the least $2.7 billion, and the final costs are still to be minister is clearly debating the question. Victorians are determined. entitled to know whether or not he has been involved in insider trading. It is not as though the previous government was not warned. We warned it many, many times. We Mr Hodgett — On the point of order, Speaker, the repeatedly raised the community’s concerns about the member for Niddrie is clearly suffering from premature failure of the former government to successfully deliver interruption. The minister had barely been speaking for major ICT projects on time and on budget, including a minute. I ask you to rule the point of order out of the ultranet, myki, the law enforcement assistance order as frivolous and allow the minister to continue to program database and of course HealthSMART. I just answer the question. want to touch on the HealthSMART project. A report from the Victorian Ombudsman on ICT-enabled The SPEAKER — Order! I uphold the point of projects says it all. order. Under the heading ‘Poor project planning’, in relation Mr R. SMITH — As I made clear publicly to HealthSMART, it lists the following planning issues: yesterday — — the original milestones were too ambitious Mr Andrews interjected. DOH — The SPEAKER — Order! The Leader of the the Department of Health — Opposition! did not have a reliable base for estimating agency expenses Mr R. SMITH — As I made clear yesterday in my public statement, the issue never came to cabinet or to DOH did not seek to identify whether agencies were able to meet their anticipated contributions any cabinet subcommittee that I sit on. DOH overestimated the standard of technology Information and communications technology: infrastructure … former government performance the lack of a whole-of-program business case was a key flaw in planning the program Mr BLACKWOOD (Narracan) — My question is to the Premier. Can the Premier outline to the house the due to the absence of a statewide clinical systems business broad impact on Victoria’s economy of the findings of case, health services are having difficulty committing to the independent Ombudsman’s investigation into additional ICT investment. ICT-enabled projects that was tabled today? On page 72 the Ombudsman’s report states:
Mr BAILLIEU (Premier) — This morning the The original HealthSMART budget was $323 million. report of the Ombudsman’s own-motion investigation
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5622 ASSEMBLY Wednesday, 23 November 2011
Then in paragraph 289 it notes that: Opposition to explain to me how it relates to government business. By the end of 2011–12, the HealthSMART program will have been running for nine years — Mr ANDREWS — Given that the minister has been nine years, Speaker! — sworn in as the Minister for Environment and Climate Change, given that he has sworn an oath to act without and will only have delivered the clinical application into 4 of fear, favour or affection and given that he has made a the 10 planned health services. declaration of ownership of these shares under an act of this Parliament, nothing could be more central to the The report notes that with further blow-outs: administration of his portfolio. I submit, with respect, This would place the final project cost at around that his probity, his integrity, his declaration, his share $566 million … ownership, whether he was in the room or not, and any profits or equity positions that he has benefited from, The Royal Victorian Eye and Ear Hospital is reported are directly relevant to his portfolio. as the only health service that has fully evaluated the program’s implementation, and it notes that it does not Honourable members interjecting. perform all the required tasks, it is difficult to use and not all parts of the system are operational. This is just The SPEAKER — Order! The Leader of the one of 10 projects, but it is a significant project and it Opposition has already had one warning. He will get has come at a significant cost to all Victorian taxpayers. another one if he keeps that up.
The Ombudsman’s report makes it clear that in lieu of Honourable members interjecting. money that might otherwise have gone to nurses, teachers and Victoria Police — — The SPEAKER — Order! The member for Footscray is on a warning. Honourable members interjecting. Mr Baillieu — On a point of order, Speaker, I think The SPEAKER — Order! I ask the house to come it is important to point out that the claim made in the to order. question does not relate to the fact that this grant was determined by the previous government, of which the Mr BAILLIEU — It is fitting that the Leader of the Leader of the Opposition was a member, and it was Opposition should interject — — announced to the Australian stock exchange at the time. Indeed it was the subject of an extensive review, as Mr Andrews interjected. published in an Auditor-General’s report in April.
The SPEAKER — Order! The Leader of the Mr Hulls — On the point of order, Speaker, I find it Opposition is on a warning. extraordinary that the Premier is defending someone in Mr BAILLIEU — It is fitting that the Leader of the relation to share trading, for goodness sake. Opposition should interject, because that money, which Honourable members interjecting. could have gone elsewhere, has gone into this project, and the minister who was responsible is the current The SPEAKER — Order! I ask the Deputy Leader Leader of the Opposition. of the Opposition to get to his point of order, without any preamble. Minister for Environment and Climate Change: shareholding Mr Hulls — Certainly — no preamble, Speaker. The point of order is quite clearly that the question is Mr ANDREWS (Leader of the Opposition) — My relevant. A minister’s public role and their private question is to the Minister for Environment and Climate interests absolutely go to the heart of the integrity of the Change. Given that there was a jump in the share price minister and this government. That is why the question of Silex Systems following the announcement of a is relevant. $50 million grant from the Baillieu government, I ask: what profit did the minister make? The SPEAKER — Order! I do not believe the question relates to government administration. If the The SPEAKER — Order! I am having some Leader of the Opposition would like to rephrase the concerns. I do not believe the question relates to question in some way — — government business. I ask the Leader of the
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Wednesday, 23 November 2011 ASSEMBLY 5623
Mr ANDREWS — On a point of order, Speaker, The SPEAKER — Order! I have ruled on the point you have made a ruling, and that is fine. I would of order. The member is just bringing up the same welcome the opportunity to perhaps rephrase the issues that I have already ruled on. question, but given that the minister has made an announcement and issued a statement in his capacity as Mr ANDREWS — In deference to your ruling, the minister in relation to the ownership of these shares, Speaker, I direct my question to the Minister for the minister himself has determined that this is a matter Environment and Climate Change, and I refer to the that is relevant to the administration of his portfolio. I fact that the share price of Silex Systems increased ask that you perhaps reconsider the matter. The minister following the announcement of the government that himself, in his own announcements, as recently as $50 million would be provided to that company — — today, has made statements as a minister and answered — or at least pretended to answer — several An honourable member — Your government! questions as a minister on this issue. I cannot see how Mr ANDREWS — The current government. I also this could possibly not be related to his ministerial refer the minister to his decision today to sell those duties and their exercise. same shares, and I ask: if the minister has behaved The SPEAKER — Order! I have heard enough on appropriately at all times, as he claims, and if he has not the point of order. I do not believe the question was profited from this decision making, why then has he relevant to government administration, and I ask the determined that he will sell his shares in this company? Leader of the Opposition to rephrase his question. The SPEAKER — Order! I do not believe the Ms Allan — On a new point of order, Speaker, context of the question has changed considerably; it given that rulings from the Chair obviously have some relates to a private shareholding. significant status within the operations of Parliament, Mr Andrews — On a point of order, Speaker, you particularly when it comes to question time, I just seek have the right to make rulings under the standing some clarification from you in terms of your request to orders, and I would not question that, but what I would the Leader of the Opposition that the question that he say is that I am genuinely at a loss to understand how it put was not in order. If I can refer you to the Members is that the ruling of the Chair, your ruling, can be that of Parliament (Register of Interests) Act 1978, which the private shareholdings — that is to say, the states that ‘a member who is a minister shall ensure that shareholdings; there are no public shareholdings in this no conflict exists, or appears to exist, between his particular debate — of a minister of the Crown who has public duty and his private interests’. This issue clearly sworn an oath and who has made a declaration under an goes to decisions made by the government. The act of this Parliament, particularly when we have a minister’s register of interests identifies that he has situation where decisions are being made that are or shares in Silex Systems — — could be perceived or be argued to be beneficial to The SPEAKER — Order! companies in which ministers have shareholdings, are not a matter of government administration. Ms Allan — If I can conclude — — I cannot understand, Speaker, how you can possibly The SPEAKER — Order! I have ruled on the point submit — or how it could be argued even — that that is of order. not a matter of government administration, that that is not a matter that is central to the minister upholding and Ms Allan — But on the new point of order, I am being faithful to the oath that he has sworn for all seeking clarification — — Victorians. Nothing is more central to the administration of his portfolio than the way he acts and The SPEAKER — Order! I call on the Leader of his integrity. Speaker, this is an untenable position if it the Opposition to ask his rephrased question. is inappropriate to ask ministers questions and call ministers to account for their personal conduct, Ms Allan — If I can conclude my point of particularly on matters they have already declared order — — under an act of this Parliament. That is an untenable The SPEAKER — Order! I have ruled on the position. What is more, it is hardly consistent with member’s point of order. claims of integrity, openness and accountability.
Ms Allan — You have not let me conclude my point Dr Napthine — On the point of order, Speaker, I of order, Speaker. think the issue here is that the question asked in the rephrasing of the question is exactly the same as the
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5624 ASSEMBLY Wednesday, 23 November 2011 first question the Leader of the Opposition put to the of share ownership are private issues. This is a genuine minister at the start of question time. There is precedent issue of clarification. We have got several questions to over many years on the matter of asking the same ask. question twice. The member is asking the same question that he asked in the very first question in Honourable members interjecting. question time today. That is the point. Mr Andrews — That’s what he said. Mr Hulls — On the point of order, Speaker, the question, it is true, is about private interests and private The SPEAKER — Order! I have ruled on this point shareholdings. That seems to be concerning you of order. I do not believe the question as first asked or somewhat, Speaker, but I refer you to the Members of as rephrased related to government administration. Parliament (Register of Interests) Act 1978, which Irrigation: federal program makes it quite clear that it would indeed be breaching the law if a member who is a minister had a conflict. A Mr CRISP (Mildura) — My question is to the minister has to ensure that no conflict exists or appears Minister for Water. Can the minister update the house to exist between their public duty and their private on the on-farm irrigation efficiency projects in northern interests, and that includes private shareholdings. Victoria, and is he aware of any threats to these projects? Further to that, there have been questions about what happened in cabinet, and as the Speaker would know, Mr WALSH (Minister for Water) — I thank the there have been Speakers’ rulings on where questions member for Mildura for his question. The Victorian can be asked about that process. What the question coalition government has always believed upgrading clearly asks is for the minister to be open and frank in irrigation infrastructure in northern Victoria is a vital relation to his private shareholdings. As a minister of task for the survival of those communities and the the Crown he has a public duty, and there should be no irrigation industries that support them. It is well conflict between that public duty and his private documented, both in the house and in the media, that interests. If there were, he would be breaking the law. we have held concerns about how these projects in northern Victoria are being run. One of the key Victorians are entitled to have this question answered to elements of those irrigation infrastructure upgrades is ascertain whether a minister of the Crown has broken the commonwealth government’s on-farm irrigation the law and profited from his own decision making or efficiency program. Funding for these projects provides the decision making of his government, because people for on-farm work so that farmers can be more efficient in other states have gone to jail for this type of thing. in their irrigation management. Victorians are entitled to know whether or not this minister has profited from his — — On 7 July this year the Gillard government announced $150 million of in-principle funding for nine projects Mr Burgess — On the point of order, Speaker, it from round 2 of this program. Five of those projects are might be unfortunate for the member for Niddrie, but in Victoria. Four of them are either industry-driven or he is actually arguing on a point of order you have involve catchment management authorities, but one of already ruled on, on the first question. What we are these projects involves a grant of $32 million to a talking about now is the second and rephrased question, company called Irrigation Efficiency Partners Pty Ltd. which is in identical terms — different words but In July this year the Age revealed that among the identical terms — to the first question and therefore shareholders of Irrigation Efficiency Partners was should be ruled out of order on the basis that it has Sustainable Soils and Farms, a company chaired by already been asked. former Labor MP Neil O’Keefe. Neil O’Keefe was also The SPEAKER — Order! My ruling on this stands. appointed by the previous Labor government as the I do not believe the question raised relates to Victorian director of Water for Rivers. government administration. Following the article, I wrote to Mr O’Keefe to ask him Mr Andrews — On a point of clarification, to clarify whether there was a conflict of interest Speaker, I seek clarification from you, just to be clear, between his role with Irrigation Efficiency Partners, his given points that have been made by other members. position as chair of Sustainable Farms and Soils and his You have not made a ruling in relation to whether the appointment as the Victorian director of Water for question was appropriately rephrased. That is not the Rivers. Mr O’Keefe responded, assuring me there was subject of your ruling. Your ruling was that these issues no conflict of interest, but that particular elements of the media had a vendetta against him. It has now been
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Wednesday, 23 November 2011 ASSEMBLY 5625 revealed that on 7 June last year the former Minister for was allocated to a private company owned by three Water signed an exemption to the 4 per cent cap former Labor MPs and that they had an exemption allowing Sustainable Soils and Farms to sell water enabling them to sell water to the commonwealth when outside the cap. ordinary mum and dad farmers did not have that opportunity. The exemption was made almost a year after the Age first raised the possibility that three Labor MPs, Minister for Environment and Climate including Mr O’Keefe, were buying properties with Change: shareholding inside knowledge. The granting of this exemption — the only one ever made to a single company — raises Mr ANDREWS (Leader of the Opposition) — My serious issues. The sale of this water, which amounted question is to the Minister for Environment and Climate to 3 gigalitres, earnt Sustainable Soils and Farms Change, and I ask this question — — $7 million. This was at a time when ordinary farmers, struggling with the consequences of drought — Mr Wynne interjected. ordinary mum and dad farmers — could not sell their The SPEAKER — Order! The member for water because of the 4 per cent cap on trade. The Richmond is on his second warning. member for Lyndhurst has denied knowing who he signed this exemption for. Mr ANDREWS — My question is to the Minister for Environment and Climate Change, and I ask this Ms Allan — On a point of order, Speaker, I put it to question in connection with his ministerial you that the member is debating the question, responsibilities, his declared shareholdings and his particularly given that you have already ruled out of statements and answers in this place as a minister. Did order questions relating to shareholdings and interests the minister or anyone on his behalf trade in Silex of ministers of the Crown. Therefore, this rather crude Systems shares in the time from when he first became attempt at a smack at the Labor Party by the Minister aware of the government’s grant of $50 million to that for Water is nothing more than that, and I ask that you company and that company’s announcement to the bring him back to reporting to the house on the facts Australian stock exchange? rather than trading in hypotheticals, as the minister is doing. Mr R. SMITH (Minister for Environment and Climate Change) — No. The SPEAKER — Order! I do not uphold the point of order. Information and communications technology: Mr WALSH — The member for Lyndhurst denied former government performance knowing who he signed the exemption for. The three Mr GIDLEY (Mount Waverley) — My question is people involved were former Labor MPs Neil O’Keefe, to the Attorney-General. Can the Attorney-General Bob Sercombe and Gavan O’Connor. That exemption advise the house on the implications — — was gazetted two weeks after the Age wrote the article saying who the shareholders in Sustainable Soils were. Honourable members interjecting. One would have to have been lost on a mountain for two or three weeks not to have known that the three The SPEAKER — Order! The member for Labor mates were the owners of Sustainable Soils and Footscray is on her second warning. Farms and that the exemption was signed to give them a competitive advantage. Mr GIDLEY — Can the Attorney-General advise the house on the implications of the Ombudsman’s Mr Nardella — On a point of order, Speaker, the report, tabled today, for ICT projects within his minister is now debating the question and attacking a portfolio? member of this house. I ask you to bring him back to answering the question. Mr CLARK (Attorney-General) — I thank the honourable member for his question. The The SPEAKER — Order! I call on the minister to Ombudsman’s report made public today does indeed come back to answering the question. have serious implications for ICT management within the Attorney-General’s portfolio and for one particular Mr WALSH — The question from the member for project — the integrated courts management system Mildura was about threats to the delivery of the on-farm (ICMS). The situation is summed up very succinctly by irrigation infrastructure projects in northern Victoria. The threat to those projects is the fact that $32 million
QUESTIONS WITHOUT NOTICE
5626 ASSEMBLY Wednesday, 23 November 2011 the Ombudsman at the top of page 98 of his report, project in Massachusetts, USA, was developed over 10 years which: at a budget of $100 million.
The integrated courts management system is over three years One has to ask how a cabinet committee at the highest behind schedule and is expected to cost an additional level, presumably including the minister for finance of $21 million to complete. However, its future is uncertain. The the day, who was then responsible for procurement as cabinet budget committee did not fully fund the project, well as budget management issues, could decide to cut which led to the project delivery time frame being reduced from five years to four years. However, the project back a project budget by 20 per cent and have it deliverables were not reduced. trimmed from five years to four years in a context where the committee either knew or ought to have This report highlights the very serious issues that this known that a comparable project in the USA was mismanagement by the previous government creates costing over $100 million? It shows an appalling lack for the Attorney-General’s portfolio and for the future of proper control and supervision at the highest levels IT needs of Victoria’s courts and tribunals. They are of government. Time and again this is repeated issues that we have to deal with to overcome that throughout the Ombudsman’s report. bungling. We have a project that is part finished and only partly working. There are issues as to whether it Paragraph 434 of the report states: can be completed, and there are issues as to whether we Senior DOJ representatives stated that the budget process has can salvage any value from the tens of millions of historically been fraught as agencies have had to create large, dollars of taxpayer money that has already been spent high-profile projects in order to gain traction with the cabinet on it. There is a question of what courts, if any, the budget committee. project should still be used in, and there is the question of what future costs may well need to be incurred to Yet again, there was appalling financial management find and provide alternative systems. under the previous government; there was a lack of management of high-value, high-risk projects and a The report also shows the importance of the reform that lack of proper forward planning, and that has to be this government has already committed to: the sheeted home to the member for Lyndhurst and his introduction of a courts executive service that will give colleagues. courts direct control over the administrative services that support their operations and avoid the sort of Minister for Environment and Climate chronic lack of proper consultation with end users that Change: shareholding occurred under the previous government’s mismanagement of this project. This lack of proper Mr ANDREWS (Leader of the Opposition) — I consideration for the needs of the courts may well also again direct my question to the Minister for reflect the appalling breakdown in relationships Environment and Climate Change in his capacity as between the Attorney-General of the day and the courts minister responsible for that portfolio and as someone that took place under my predecessor and a failure to who has made declarations to this Parliament. I ask the stand up for the courts and insist that they be properly minister to provide the house and all Victorians with an involved in this project. assurance that neither he nor anyone in his office had access at any time to market-sensitive, confidential The chapter in the Ombudsman’s report on the ICMS information relating to the government’s decision to gives instance after instance of poor financial practices award $50 million to a company in which he has a at the highest levels of the previous government that shareholding. need to be brought to an end and which the current government is acting to end. If one looks, for example, Mr R. SMITH (Minister for Environment and at paragraph 425 of the report, it says: Climate Change) — To the best of my knowledge that is the case, but I can tell the house and the Leader of the The 2004 business case requested $55 million (operating and Opposition that my holdings in this particular company capital expenditure) to complete ICMS across all Victorian had not changed since before I was elected to courts and tribunals. However, the cabinet budget committee Parliament. only approved $45.1 million. A witness told my investigators that ICMS’s schedule was reduced from five to four years to fit within the approved funding. Another DOJ — Mr Andrews — On a point of order, Speaker, in relation to relevance, the question did not relate to how Department of Justice — long this minister has had these shares in clear conflict with his public duties. The question was about whether representative told my investigators that the project budget he or his office had access to confidential information and time lines were ambitious, noting that a comparable while he was pretending to not be involved in awarding
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Wednesday, 23 November 2011 ASSEMBLY 5627 himself $50 million? That is what the question related got some of the money from for the shortfall? It was to. from child protection. That is an absolute disgrace. The ultranet was released to schools before it was fully The SPEAKER — Order! The answer was relevant functional. There was significant pressure from the to the question that was asked. I do not uphold the point government to deliver the ultranet by the original of order. deadline, which was term 3 of 2010.
Information and communications technology: The question I was asked was: what have we done to former government performance make sure that we do not have the same situation under this government? What we have done is set up the Mrs FYFFE (Evelyn) — My question is to the high-value, high-risk project team within the Treasurer. Can the Treasurer advise the house what Department of Treasury and Finance. This is something measures the coalition government has put in place to that should have been set up years ago, because when guard against mismanagement of public money, as you have a situation where there are constant cost revealed by the Ombudsman’s report on the blow-outs, you have a situation that needs to be fixed. investigation into ICT-enabled projects, which was We have set up the high-value, high-risk process. That tabled today? means that the Treasurer now has to personally sign off on the robustness of the business case. That is step 1. Mr WELLS (Treasurer) — Another day, another report which demonstrates the previous incompetent Honourable members interjecting. Brumby government. Bungling, incompetent former ministers who now sit on the opposition front bench Mr WELLS — We have interjections from should hang their hands in shame. members on the other side. Members on the other side did not have any robustness around any of their tender Ms Allan — On a point of order, Speaker, the processes when they were in government. The Treasurer is clearly debating the question. He was Treasurer must also approve the release of procurement asked a clear question; he looks keen to answer it. documents, and if there are any contract variations, Perhaps he can answer it without debating the question once again they have to come back to the Treasurer. and attacking members of the opposition, which is We will make sure that we deal with future contracts clearly out of order. responsibly and that they are great value for the Victorian taxpayer. The SPEAKER — Order! I ask the Treasurer to return to asking the question. Former deputy commissioner of police: meeting
Mr WELLS — The report that was tabled today Mr ANDREWS (Leader of the Opposition) — My shows that on 10 ICT projects that had a budget of question is to the Minister responsible for the $1.3 billion the previous government was able to rack establishment of an anti-corruption commission. I ask up bills of $2.7 billion. Let me have a look at some of the minister: on what date did he first become aware of those projects. The $300 million HealthSMART project the 14 May 2011 meeting between Sir Ken Jones, the had no business case whatsoever. The myki business member for Benambra and Tristan Weston, and who case premised the project on its being completed within informed him of that meeting? two years; starting in 2005, it was supposed to be completed in 2007. The LINK business case was Mr McINTOSH (Minister responsible for the deliberately drafted to highlight implausible benefits to establishment of an anti-corruption commission) — I secure funding. What a disgrace! became aware of that discussion at the time of the tabling of the Office of Police Integrity report. The one that was the most disappointing of all was the client relationship information system in the Information and communications technology: Department of Human Services. It did not get funded former government performance through the expenditure review committee or cabinet but was funded internally by DHS. When the costs Mr KATOS (South Barwon) — My question is to blew out — — the Minister for Police and Emergency Services. Can the minister advise the house of the effect on Victoria Ms Allan interjected. Police of the massive waste of public money by the former government as revealed by the Ombudsman’s Mr WELLS — Wait for this: when the costs blew investigation into ICT-enabled projects? out from $22 million to $70 million, you know where it
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5628 ASSEMBLY Wednesday, 23 November 2011
Mr RYAN (Minister for Police and Emergency The member’s question went to the issue of waste. I Services) — I thank the member for his very timely must tell the house we have now had $60 million tipped question. The report of the Ombudsman that has been down the well by the former government in the pursuit tabled today, which is the report of an own-motion of this project. I am advised that it costs about investigation into ICT-enabled projects, discloses $15 million to build a new police station. We could absolutely monumental blunders on the part of the have had another four police stations built for this former Labor government in its failure to properly $60 million. It costs about $110 000 — — manage the ICT programs related to policing in Victoria. The implementation of the LINK records Mr Hulls — On a point of order, Speaker, the management system is a case in point. This is referred minister is now clearly debating the question. For him to on page 62 and subsequent pages of the report. to be talking about blatant interference is gross Page 62 details how a project that started at $50 million hypocrisy when he had his hands all — — in August 2005 increased to $59.48 million by February 2006 and would now require another The SPEAKER — Order! I do not uphold the point $127.7 million to complete it, if it were to be of order. completed. Of course police have now gone to other Mr RYAN — It costs about $110 000 to employ a alternatives. second-year police officer. We could have had another At the core of this absolutely blatant interference on the 500 police out on the street for this lost money. It costs part of the former Labor government are the figures that $350 000 for a medium-sized tanker for the Country are set out in this report. If you go to page 63 — — Fire Authority. We could have had another 170 of them out there looking after the safety of Victorians. It costs Honourable members interjecting. $400 000 for a fire station. We could have had another 150 of them. Through all of this there is one common The SPEAKER — Order! The member for factor, one individual whose fingerprints were all over Monbulk received a warning this morning and has just things. At different times he was the Minister for received another one. Water, the Minister for Police and Emergency Services, the Minister for Finance, WorkCover and the Transport Mr RYAN — On page 63, in paragraph 252, under Accident Commission — — the heading ‘Business case’, the Ombudsman’s report says: Ms Allan — On a point of order, Speaker, the Deputy Premier is clearly debating the question. He is Instead, the business case appears to have been rushed to once again starting to go down the path of attacking meet budget time lines and to fit within the funding already allocated by the government. The project costs appear to have members of the opposition. I ask you to bring him back been based on a 7 to 10-day review, which considered the to answering the question. cost of redeveloping LEAP — not replacing LEAP (as the allocated time did not allow for investigating a replacement The SPEAKER — Order! I believe the Deputy system). Premier is attacking members of the previous government. Further, on page 64, the report goes on to say:
Police notes from a meeting with the consultant in September Mr RYAN — Another $60 million has been burnt, 2006 indicated ‘many of the benefits are not measurable but and let it be said that it is all on the head of the member were written to confirm government support’. For example, for Lyndhurst. the business case stated that the project would lead to a reduction in crime of 5 per cent. However, the consultant later stated this was a ‘big statement’, ‘pretty rough’ and ‘never measurable’. TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND What happened here is that police were pushed on a OTHER AMENDMENTS) BILL 2011 course which inevitably led to the outcomes that are reflected in the report. I must say the police have Second reading acknowledged they are not blameless, but as the Ombudsman’s report says on page 67 in paragraph 269: Debate resumed.
The LINK project was set up to fail by a business case rushed Mr WYNNE (Richmond) — I very much to meet budget time lines and to fit within the funding already appreciate the support of those members of the allocated by the government. government who have decided to stay to listen to the conclusion of my contribution on the hoon boating
TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5629 legislation. Members of the house would be well aware speaker, the member for Richmond, mentioned in his that this legislation was introduced by the previous contribution that he and his sons are keen anglers but government to address what has been an increasing and struggle to catch the odd fish. I am more than happy to serious problem of activity by people on our have the member for Richmond and his two sons come waterways, particularly on the bay, where there has down to my electorate; I am sure we can put them onto been a burgeoning interest from people not only in some fish. recreational fishing but also in a range of other craft which travel at quite significant speeds on the bays and The first thing I would like to talk about is the waterways. Indeed the behaviour of people who ride crackdown on boaters who want to harass wildlife. This these craft is often extremely dangerous. is a very important aspect of this bill. We had a case where the previous legislation impacted on boaters who Those of us who have an interest in the bay and in behaved recklessly around swimmers, other boat users water activities would know that Port Phillip Bay is the and water skiers, but did not provide power for action busiest waterway in the country from a cargo point of to be taken against those who act recklessly and view. As I indicated before the luncheon break, there is endanger marine animals and wildlife; they were not quite a deal of conflict between the very significant covered and therefore were not punishable under the movements of massive cargo ships through the bay and previous legislation. Under the new legislation boaters other users. I acknowledge the former Minister for who harass wildlife can be ordered off the water, they Roads and Ports, the member for Tarneit, for his can be prohibited from using their vessel for 48 hours excellent work in having the bay deepened with no and in extreme cases their vessel can be seized. ecological effect. Indeed fishing in the bay — except where I am concerned — is back to its normal levels. In media reports on this legislation there has been a lot of discussion around the harassment of dolphins, and There are, however, a couple of outstanding matters while that is pertinent to the Gippsland Lakes and other that have been flagged by the opposition spokesperson waterways, particularly up in my neck of the woods, the on which we seek some clarification. The first matter is harassment of birdlife is equally or even more the inconsistency of penalties. Whilst there are similar important. The Gippsland Lakes is a very important penalties pertaining to drink driving in a motor vehicle breeding ground for a number of birds, one of the most and drink driving in a motorised boat, which we think is important being the black swan, which nests in prolific a good thing, there is an inconsistency between the numbers in that area and is very popular with tourists. respective confiscation regimes. We think the Around Metung, Paynesville and Lakes Entrance you government ought to consider this question more often get big turnouts of people to see the black swans thoroughly and come back, possibly while the bill is nesting, but unfortunately they are often targeted by between houses, with some answers as to why this hoons. I have certainly seen this myself in my time on inconsistency remains. The second matter is that we the water. seek further clarification and commitment in terms of the fines and penalties regime to ensure that those funds Anyone who has spent a bit of time on the water in are hypothecated back to marine activity, as this has these areas will know that these swans need 30 to been an excellent program by the Labor government. I 40 metres of clear water to take off. They basically run concede that this government has also committed across the water with their wings flapping before they significant funds to the upgrading of ramps and boating take to the air. This behaviour has often attracted the facilities right across the bays and waterways of this attention of hoon boaters, who will speed up behind state, but we seek a commitment in relation to that as swans trying to take flight. Going back a few years I well. can remember one of these birds being hit by idiots in these boats. These new laws will crack down on those As a Parliament we need to be unambiguously clear in who wish to partake in and exhibit such foolish sending a message to anybody who operates on the bay behaviour. that hoon activity is utterly unacceptable and that when you behave in an unacceptable way on waterways you As I mentioned, the harassment of dolphins has also often do not get a second chance — you may well die. been an issue. I believe this falls into two categories — those who do it innocently and those who do it Mr BULL (Gippsland East) — It gives me great intentionally. Included in the former category are those pleasure to rise to speak in favour of the Transport who motor toward dolphin pods quite innocently to Legislation Amendment (Marine Safety and Other give their kids a closer look or perhaps to take a photo Amendments) Bill 2011, which makes important only to find themselves on top of or in the middle of a changes to boating laws. I note that the previous pod. The latter include those who deliberately want to
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5630 ASSEMBLY Wednesday, 23 November 2011 get as close as they can and to chase the dolphins excitement can result in lower levels of appropriate around the lake at high speed. I have been on the lakes behaviour. I can certainly vouch for that, having towed countless times when dolphins have chosen to follow a number of the Bulls’ cruisers off sandbars as a and interact with boats. Plenty of times they will travel teenager. These changes ensure that those who are in alongside you. They will swim upside down underneath charge of hire-and-drive vessels and wish to display your boat. This cannot be helped as it is the dolphins’ inappropriate and dangerous behaviours will now be way of interacting with us, but we need to stop people accountable under the legislation. travelling at high speed towards these pods of dolphins, especially when they include their young. In this state there is continued publicity and focus on hoon drivers, and quite rightly so, but it almost always The new legislation has gained even more importance refers to roads and behaviour behind the wheel of a given the recent discovery by Monash University motor car. However, it is critically important that we researchers that the pods of dolphins living in the make it well known that inappropriate and dangerous Gippsland Lakes are a previously unrecognised species. behaviour behind the wheel of a vessel is taken just as This makes their protection all the more important. seriously by the Victorian public. Whilst we often see They are called the Burrunan dolphins, and they can be graphic reminders of fatalities on our roads, and there found only in the Gippsland Lakes and Port Phillip have recently been some unfortunate circumstances, we Bay. The total population of the Burrunan dolphins is also have fatalities on the water. They are less common, believed to be around 150, with approximately 100 of but the ramifications are equal. If you take the helm of a those living in Port Phillip Bay and the remaining 50 boat, it must be known that you have a responsibility to living in the Gippsland Lakes. Due to their uniqueness, other owners, other boat operators and the passengers these laws take on extra added importance. on your vessel to act with diligence.
This legislation needs to be promoted and become well Over 2000 marine infringement notices are served known throughout the wider Victorian recreational every year, which is a significant number. In the past boating public, because it is the wider recreational 10 years the water police alone have served over boating public who will become our eyes and ears in 10 000. The bill ensures that international and interstate respect of this legislation. On our busy waterways we certificates are recognised as equivalent in Victoria, need people who are diligent, who take note of those which is another important component of the bill. behaving inappropriately and endangering various Marine enforcement is important, and reckless forms of wildlife and who make sure that they are behaviour on our waterways towards other boaters and reported to the appropriate authorities. I am sure that all wildlife will not be tolerated. This is important and members of the house would get behind the promotion common-sense legislation. I have no hesitation in of these laws in their electorates and to the general commending the bill to the house and wishing it a public to make them aware that we need to crack down speedy passage. on people who engage in inappropriate behaviour. Mr BROOKS (Bundoora) — It is a pleasure to Another aspect of the bill I wish to comment on is the make a contribution to the debate on the Transport stronger enforcement on operators of hire-and-drive Legislation Amendment (Marine Safety and Other vessels. I am very supportive of this aspect of the bill. Amendments) Bill 2011. As previous speakers have In its current form the Marine Safety Act 2010 places mentioned, the bill makes improvements to and responsibility on operators of recreational vessels to finetunes the existing Marine Safety Act 2010, which take reasonable care, and that includes the prohibition was passed last year with the support of both sides of of reckless behaviour and intentional misuse of vessels the house and is yet to come into operation. The bill and safety equipment. These laws were meant to apply addresses a potential regulatory burden in the to the entire recreational boating fraternity, but recognition of international marine certificates; hire-and-drive vessels were not defined under that act provides the director of marine safety with a clarified as recreational vessels. Hence the statutory duty of care ability to cancel or suspend a licence or certificate; was not applied to those people who find themselves at clarifies that the safety director has the ability to impose the helm of hire-and-drive vessels, which is an industry conditions on the licences that he or she issues; ensures of significant importance in my electorate. This bill that operators of hire-and-drive vessels have a duty to ensures that these duties will apply to the hire-and-drive take reasonable care, as is the case with operators of fraternity, which is clearly important. other recreational vessels; and makes changes to the marine infringement notice scheme, which I will come Many people using hire-and-drive vessels come in large back to in a moment. groups with a festive atmosphere, and these levels of
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It was interesting to listen to the previous speaker, who One of the key aspects of the bill, particularly in terms made a considered and balanced contribution to the of public interest, is the extension of the hoon boating debate on this bill. He has obviously spent a fair bit of provisions to the protection of marine wildlife, which is time on the water. I should point out a mild conflict. I something this side of the house certainly supports. The hold both a boat licence and a fishing licence, and I hoon boating provisions allow for people to be ordered own a small boat. I am keen to get out on the water, but off the water and for use of vessels to be prohibited for unfortunately I do not get out as much as I should. The up to 48 hours. The hoon boating provisions will apply previous speaker’s contribution stands in contrast to the to offences under the Wildlife Act 1975, in which there approach the Minister for Ports has taken in bringing are already sanctions against people who interfere with this legislation to the house. Last night the shadow protected wildlife. That is a good thing. If there is any Minister for Ports, the member for Tarneit, mentioned harassment or endangering of marine wildlife, we need this point, which I want to highlight: the second-reading to make sure that appropriate measures are in place and speech presents a case that suggests the bill fixes gaping people are properly discouraged from that sort of errors in the principal act. The minister said: behaviour. That is appropriate. We need to bear in mind that the vast majority of boat users — I would say Unfortunately the bill — nearly all — are responsible users of our waterways. that is, the Marine Safety Bill 2010 — They take their use of our waterways seriously. People who undergo a licence test for a boat operators licence was rushed through the Parliament by the then Labor go to some degree of trouble to ensure that they are government without adequate opportunity for proper scrutiny. aware of the rules and understand that the wildlife in During the debate I was critical of the government’s abuse of our waterways is to be protected and enjoyed by future parliamentary process in relation to this act, so it is not surprising that a large number of amendments are now generations as well as our own. necessary. The government acknowledges that the boating I suggest to the minister that, instead of playing silly industry in Victoria contributes just under $700 million political games and trying to make cheap political to the Victorian economy and supports more than points with every single thing that happens, he take a 10 000 jobs, both directly and indirectly. There are at leaf out of the book of the previous speaker, the least 3000 direct jobs in the boating industry. It is a member for Gippsland East, and take a considered, massive part of the Victorian economy, and other reasonable and mature approach to these sorts of speakers have mentioned the large number of matters. The minister tried to dress this up by saying Victorians who participate in boating and fishing. that the previous bill was rushed through with inadequate opportunity for proper scrutiny and that it is There are some 300 000 recreational boat licences not surprising that a large number of amendments are across the state and 170 000 recreational vessels now necessary, but the embarrassment for him is that a registered in Victoria. That is a huge number of people few days after giving that speech in the Parliament his who participate in boating, whose livelihoods depend department briefed the opposition and provided a on boating or whose jobs are either directly or indirectly handout in relation to the amendments to the Marine related to the boating industry. Therefore it is of some Safety Act 2010. The handout says: concern that the Boating Industry Association of Victoria, the peak body for the drivers of the As is common with new large principal statutes, subsequent industry — those who build boats and repair boats and consultation and analysis during preparation for all the other boating-related industries — has expressed implementation identified certain provisions that require minor, but necessary adjustment. its concern to this government and this minister about the way the boating regulations under this act have been We have the department contradicting the minister. He handled. said that serious changes need to be made because things were rushed through, but a few days later his The Boating Industry Association of Victoria has department said they were minor but necessary highlighted its concerns with the way in which the adjustments after subsequent consideration of the act. I government has handled the consultation and also the will come back to this theme a little later, but it is way in which it has presented some of the changes that important that the minister focus on the issues that are contained in this act. In a letter to the opposition, matter and on making sure his portfolio is properly BIAV expressed one of its concerns under a section managed, rather than trying to make cheap political headed, ‘Government-generated media is presenting points and grab media attention. recreational boating in a negative fashion’. It states:
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The press releases from the ports minister’s office announcing regulation in the form of lifejackets, licences and so on, the consultation process for the marine safety regulations and I think it is important that a line be drawn in the attacked a sector of the recreational boating industry that is the largest current driver of industry growth … sand and that fishermen be protected from further regulation. Further on in the letter, BIAV raises concerns about the consultation process for the Marine Safety Regulations Mr KATOS (South Barwon) — It gives me great 2011. I quote: pleasure to rise this afternoon in support of the Transport Legislation Amendment (Marine Safety and The consultation process for the proposed Marine Safety Other Amendments) Bill 2011. Regulations 2011 left a lot to be desired and resulted in the BIAV writing to the minister to ask that consultation be Mr Wynne — Are you declaring your interests? suspended. While BIAV acknowledged the minister had extended the consultation period, our concerns were based on the fact that DoT — Mr KATOS — The member for Richmond asks whether I have a conflict of interest to declare. the Department of Transport — Although I have no conflict of interest, obviously my family has had a great affinity with Port Phillip Bay, were already consulting on proposed regulations for the stated having been involved in the professional fishing sector purpose of providing feedback to the minister, yet hadn’t released a RIS — for many years. My father was one of the first people to fish for scallops in Port Phillip Bay back in the 1960s. that is, a regulatory impact statement. He brought the technology over from Tasmania — not that it is rocket science dragging a dredge behind a Without going into the detail of the tos and fros of that boat — when scallops were discovered in the bay in the particular issue, it is quite clear that the relationship mid-1960s. between the minister, who is responsible for the boating industry, and the boating industry has soured. It is not a There has always been recreational use of Port Phillip good relationship; he has not managed it properly. The Bay and other Victorian waters, and obviously there are boating industry, as I mentioned, raised its concerns people out there in the recreational sector who are about the way the hoon boating laws that would protect fishing — that is one of the main pursuits in Port Phillip marine wildlife were described in the media release and Bay. Perhaps I could put the member for Richmond the way in which that release was drafted, which I onto some of my fishing contacts to assist him in his spoke about before. Again, without getting into who is fishing endeavours. right and who is wrong, it is obvious that the minister needs to work more closely on his relationship with the Mr Wynne interjected. boating industry association to ensure that it does not feel like this government is attacking it and placing Mr KATOS — He was unfortunately pontificating greater pressure on its industry, which is obviously earlier that he was having difficulty catching fish, but if feeling the pinch, with other threats including the high he so wishes, I can have that discussion with him Australian dollar and competition from overseas outside of the chamber. imports. I call on this minister to get behind our boating The main purposes of this bill are to extend the hoon industry, rather than, as it seems at the moment, boating regime to include certain marine wildlife antagonising it. offences — which I will come back to later in more On a final point, I understand the marine safety detail — to facilitate safe marine operations, to improve regulations are currently being considered. There has port management and to bring the enforcement of been some consultation on those. I want to point out marine and port environs offences within the transport that in the Options Paper for Marine Licensing in safety infringements framework. Victoria there is some good-quality information on the As the Minister for Ports said, the changes to the number of fatalities and injuries recorded in the boating Marine Act 1988 were rushed through by the previous sector. I do not have time to go into detail, but it shows Labor government, and as a result of that hasty process quite clearly that the activity of fishing has a strikingly there are various issues and omissions in the act. As is low percentage of the fatalities and injuries that occur in the case with many of the bills that the Baillieu the boating sector, and I would call on the minister to government has brought before the house this year, we ensure that if there are any licensing changes proposed are fixing some of the shabby and slack work of the in the regulations, there is no further licensing red tape previous government. That is what this bill aims to do. or impost put on people who want to go and have a fish. There has already been a significant amount of
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Some of the changes that will be made under this bill recreational boaters, as is the case with people who relate to hire-and-drive vessels. At present a hirer of a drive motor vehicles, do the right thing and obey our recreational vessel does not have the same duty of care maritime laws on the waterways. These changes are as the owner of a recreational vessel. If I own a boat clearly aimed at the minority who do the wrong thing and go out on the water, I have a duty of care to by other boaters and by wildlife. This sends a strong conduct myself in a certain manner, but if I hire a message that this sort of reckless behaviour on our vessel, at present that duty does not apply. This bill will waterways will not be tolerated. apply the same statutory duty-of-care provisions to people who are hiring vessels, which will correct an This measure has been supported by many people. anomaly that should not be there. Mr Jeff Weir, the executive director of the Dolphin Research Institute based in Hastings, has said that he At present Victoria does not recognise certain applauds: international certificates that are recognised by the commonwealth. The bill will allow for the recognition … anything that gives added protection to marine mammals but for this to be effective and successful it needs all of us of such certificates and hence will reduce the regulatory who use the water to look out for reckless behaviour and burden on people who have an overseas qualification report it. which is just as good or may even be better than a qualification from Victoria. It will enable them to Mr Weir could not be more spot on with his assertion. simply have their licences recognised here, which is a Those who are on waterways need to be diligent, and if common-sense approach. It will also ensure better they see this sort of behaviour they should report it to renewal procedures for marine licences and the relevant authorities. Vessels have registration permissions. numbers, and this is obviously what is needed. The fisheries officers cannot be everywhere at the same In 2009 a scheme was introduced to combat hoon time, and I encourage people who see this sort of boating and antisocial behaviour on Victoria’s horrible behaviour of marine wildlife being harassed to waterways. While that was a step in the right direction, go out and report it to the relevant authorities, just as the scheme was narrow and applied only to dangerous they would if they saw hoon behaviour on the road. behaviour on waterways. In what was perhaps an oversight at the time, which this bill is correcting, it The bill also makes a number of technical changes. It failed to recognise that people in boats approach, chase makes a number of changes to port legislation that and harass marine wildlife such as seals, dolphins or, in repeal unused parts of the Victorian channels access coastal waters, even whales. It is apparent that some regime in order to reduce red tape. It also refines the recreational boaters chase and harass these animals, role of the Essential Services Commission in line with which is not a good thing. When you are going along in the commission’s recommendations. your boat it is easy to encounter a pod of dolphins quite The bill will achieve consistency in the transport accidentally. Most boaters will do the right thing, veer portfolio by aligning the regulatory framework for away and not interfere with dolphins, but unfortunately there are always some who do the wrong thing. With issuing marine and port infringements with the Port Phillip Bay being so accessible to the boating regulatory framework for other transport infringement regimes within the Transport (Compliance and fraternity, unfortunately this sort of hoon activity is Miscellaneous) Act 1983. The bill will also make more evident there. Those who pursue and harass important changes with regard to responsibilities marine wildlife — — around marine pollution in all Victorian waters, Mr Trezise interjected. including Port Phillip Bay, coastal waters and even rivers. The bill will give the Secretary of the Mr KATOS — And that does not include scallops, Department of Transport powers with regard to marine as the member for Geelong interjected. Those who pollution responsibilities. These powers will give the pursue and harass marine wildlife will have the same secretary the right to recover costs from marine offences apply to them as apply to those who display polluters, which is very important. This could mean the hoon boating behaviour. If they are caught harassing recovery of costs incurred in order to prevent a spill. dolphins, seals or whales — not so much whales in Port There might be a situation where a vessel has hit some Phillip Bay, but dolphins and seals particularly — they rocks and is threatening to spill pollution into the bay or could be banned from waterways for up to 48 hours, other coastal waters. If there were a situation with such they could have their vessel impounded, immobilised or a vessel, it would be cleaned up and the secretary of the seized and they could be forced to forfeit their vessel department would be able to recoup the costs from the altogether. I must reiterate that the vast majority of polluter of the marine environment, which is very
TRANSPORT LEGISLATION AMENDMENT (MARINE SAFETY AND OTHER AMENDMENTS) BILL 2011
5634 ASSEMBLY Wednesday, 23 November 2011 important. Generally, the main provision in this bill is Queenscliff coast guard will be opening its new around the harassment of marine wildlife. It sends a headquarters in the next couple of weeks. I wish it well strong message that these sorts activities will not be in its endeavours and with its new headquarters. tolerated. With that I commend the bill to the house. In relation to the bill, as other members have pointed Mr TREZISE (Geelong) — I am also pleased to out, this is about extending the hoon legislation to speak in the debate on the Transport Legislation protect marine animals in our waters. This legislation Amendment (Marine Safety and Other Amendments) had its origins in the road safety hoon legislation that Bill 2011. I must say that it is a pleasure to follow the was introduced in this chamber by the Bracks and member for South Barwon. He mentioned his family, Brumby governments back in 2007 or 2008 — around and I acknowledge that the Katos family has a history that time. I had the pleasure of chairing the Road Safety of a long line of fishermen in the Geelong area. They Committee at the time, and the member for Rodney are synonymous with fishing in the area. The Mantzaris was on that committee. As I said, the hoon legislation family and the Katos family have fished the Geelong was introduced by the former government, and it was waters for many decades and their family names are extended by the former government to include the synonymous with the maritime and fishing industries in marine area and boat operators. Geelong. As a politician, the member for South Barwon should have stuck to the fishing industry. That is just a It is important that we protect our marine life. I know suggestion I would make to him. that much of this new legislation emanates from the fact that a young dolphin was killed off Portsea in 2009, and Honourable members interjecting. given that we are looking to protect marine life, the bill has my full support. I know there is concern from the Mr TREZISE — I seek your protection, Acting Boating Industry Association of Victoria about Speaker. ever-increasing regulations. It made its concerns known during our consultations on this legislation. I accept The ACTING SPEAKER (Mr Morris) — Order! that, and I think the government needs to look at its The member will get it. consultative procedures and practices when it is Mr TREZISE — As the member for Geelong — as introducing legislation. However, as I said, this is you are aware because you are a regular visitor to important legislation. It protects marine life in our bays Geelong, Acting Speaker; and I suggest you come and in our oceans, and therefore it has my support. down for a bit of recreation and not just work, as you Mr BURGESS (Hastings) — It is a great pleasure would be welcome in Geelong — I know that marine to rise to speak on the Transport Legislation safety is very important. Geelong is on the magnificent Amendment (Marine Safety and Other Amendments) Corio Bay, where there would be hundreds, if not Bill 2011. The great majority of Victorians do the right thousands, of fishermen on a weekend out on the bay. thing when they are in their boats, but as everyone Geelong is also the gateway to the Bellarine Peninsula, knows, governments must legislate for the worst — the Surf Coast and the Great Ocean Road. As all both the worst of people and the worst of actions — members of this house would be aware, Geelong is because that is what needs to be looked after and that is very much based around the magnificent Corio Bay and the mischief we are addressing. the nearby ocean, so marine safety is important. I think I am correct in stating that 1 in 30 Victorians has a boat The bill before us does a lot of things, but most or a boat licence, but I would suggest that in Geelong importantly the need to introduce this bill is another the figure would be far greater. One has only to go to example of the incompetence of the previous Limeburners Point or St Helens pier or boat ramp on a government. I was looking at an Ombudsman’s report weekend to see hundreds of empty trailers in the car today which shows there was a $1.44 billion waste in parks, signifying the number of boats out on the water. ICT management on projects such as myki and the rest of the shambles under the previous government. This is I must say that last year having purchased a small boat another example of the previous government’s myself with little or no experience in boating or as a incompetence and another area where the current boat operator, safety soon comes to the forefront of government has to spend its time and taxpayers dollars your mind. I got my boat operators licence through the to rectify problems the former government created. In Queenscliff coast guard. Commodore Gary Tomlins did this case we have a bill to extend the provisions in a a great job in providing me and a number of other way that could have been done in the initial legislation. inexperienced boat operators with our tests, and we eventually picked up our licences. I note that the
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The main purposes of the Transport Legislation what Jeff Weir has to say. One of the most important Amendment (Marine Safety and Other Amendments) things is clearly the protection of marine animals, Bill 2011 are to facilitate safe marine operations, to which this piece of legislation is putting forward. As I extend the hoon boating scheme to apply to certain said, Jeff Weir is the executive director of the Dolphin marine wildlife offences, to improve port management Research Institute, and in the article written by Donna settings and to bring enforcement of marine and port Carton in the Frankston Standard Leader on environment offences within the overarching transport 7 November he is quoted as saying: safety infringement notice framework. The Marine Safety Act 2010 was passed by Parliament in 2010 We applaud anything that gives added protection to marine mammals, but for this to be effective and successful it needs under the previous government, which I referred to all of us who use the water to look out for reckless behaviour earlier, but unfortunately that piece of legislation was and report it. defective in its attempts to achieve what it was trying to achieve. The changes that need to be made by this bill That is a critical point, because governments can only include ensuring that operators of hire and drive vessels legislate to take care of things that become apparent, are covered by the same statutory duty of care as whether that be because police find out about the operators of recreational vessels, which is not currently wrongdoing or whether it be some other transgression the case under the Marine Safety Act 2010; allowing that is reported in some other way. It is really important Victoria to recognise certificates that are recognised by that everybody using Victoria’s natural assets at the the commonwealth to reduce the regulatory burden on times when they are being used very heavily — industry, which the former government clearly missed predominantly through the summer — is vigilant about the opportunity to do; and facilitating better renewal this sort of thing. No-one wants to see dolphins, or for procedures for marine licences and permissions. that matter any other animal, being hindered or damaged in any way because of reckless conduct. This There is a lot of press coverage on the need for this piece of legislation addresses that sort of mischief, and I piece of legislation. In one Herald Sun article published encourage anybody who comes into contact with that on 29 October and headed ‘Boats, power skis on hoon type of behaviour to do the right thing and report it. watch’ Grant McArthur wrote: The bill recognises that to obtain the best regulatory and Water hoons will lose their boats and power skis if they safety outcomes, legislation must take account of the harass dolphins, whales and other animals. practical realities, part of which is certainly that it needs A little further on the article states: to become apparent to the authorities and we need the community to be vigilant in that respect. The bill In more extreme cases police will be able to impound, extends the scope of the hoon boating scheme so that immobilise, seize or even sell boats and power skis of people the hoon boating sanctions apply to a broader range of caught chasing or circling animals, or the vessels of repeat antisocial offences. The sanctions of embargo, offenders. impoundment and forfeiture will be available where Existing safeguards to protect swimmers, waterskiers and hoon boaters actively pursue marine wildlife. These other boat users are being expanded by the Baillieu important changes respond to concerns that some government to protect marine animals. recreational boaters deliberately target dolphins and The move comes after a two-month-old dolphin calf was other marine wildlife. As I said earlier, there is also found dead at Portsea in January after suffering internal clearly a need to address the issue of repeat offenders, injuries caused by a power ski or boat. and this bill does that.
It is important that we keep abreast of the community’s In line with the Victorian government’s stated policy of views in these areas. One body from my electorate, in reducing red tape for consumers particularly, the bill the Hastings-Western Port area, is the Dolphin repeals the unused Victorian channels access regime. It Research Institute, which was referred to earlier by also refines the regulatory role of the Essential Services some speakers and is being run by Jeff Weir. It is a Commission in line with the commission’s great institute. Originally it was over in Port Phillip, but recommendations. The bill will bring consistency now it is on the better side of the peninsula, being the within the transport portfolio by aligning the regulatory Western Port side. framework for the issuing of marine and port infringement notices with the regulatory framework for Mr Shaw — Are you sure about that? other transport infringement schemes. Mr BURGESS — Absolutely positive about that. The bill extends the operation of provisions regulating Being the director of the institute, it is interesting to see towage services at the port of Melbourne by repealing
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5636 ASSEMBLY Wednesday, 23 November 2011 the sunset clause that was put in the legislation by the people wanting to see dolphins at closer range. previous government. The change responds to the Recently I took some Japanese tourists down to the continued need to provide for larger towage vessels to kiosk at the end of St Kilda pier. It was a pretty safely and efficiently tow the larger trading vessels. miserable, wet day, and I was thinking that they were That change is made to ensure the safe and efficient not seeing Melbourne at its best. As we sat there operation of the port into the future. drinking our coffees and looking back towards St Kilda, we glanced down the pier and, sure enough, a pod of The bill also clarifies another particularly important dolphins went from one side to the other under the pier. matter by providing powers relating to operational I was able to point them out to the tourists, who were marine pollution responsibilities and puts beyond doubt suitably impressed. Mind you, luck’s a fortune in that that the costs incurred in preventing pollution spills as case, and they had the impression that Melbourne well as the costs of clean-up activities can be recovered people have a high regard for the wildlife in the bay. In from marine polluters. That is certainly something that a sense that reminded me that we have some natural has bipartisan support. The bill establishes an assets that we need to take advantage of not only for the accreditation scheme to enable the safety director to sake of the bay and the wildlife in it but also because it authorise persons to provide quasi-regulatory services can add to the livability of Melbourne in so many ways. under the Marine Safety Act 2010 — for example, to conduct licensing tests and examinations. As I said, this As I said, the prospect of people wanting to interact legislation is particularly important to my electorate and more closely with dolphins is raised. That can lead to the people who use Victoria’s assets, such as Western people going a little bit too close to the wildlife. I Port. It is also important for the protection of animals in welcome that the bill puts in place controls to make Western Port. I commend the bill to the house. sure that people do not interfere with the wildlife, particularly dolphins, by being at close range. People Mr MADDEN (Essendon) — I rise to speak on the who use the waterways, including boatmen, generally Transport Legislation Amendment (Marine Safety and recognise and appreciate the value of wildlife. You Other Amendments) Bill 2011. I recognise that the seat would not consider the vast majority of them to be in of Essendon is not fronted by a beach, but people who any way hoons, but from time to time there will be live and work there are very fortunate to have the those who attract attention and highlight some reckless Maribyrnong River as one of the geographical activity that puts in danger either people or marine boundaries of the electorate. It is probably not well wildlife using the waterways. From time to time when known in this place that one of the idiosyncratic holidaying at Torquay I have seen the interaction elements of the Maribyrnong is that it is a saltwater between some jet ski users and members of the public river. I do not profess to be an expert on this, but it is a in and around a beach that is used by families. If saltwater river all the way up to Arundel, where there is controls can be put in place to discourage people from the dam that keeps the fresh water from the salt water, being reckless in that way, then all the better. so it is a tidal river. Going back quickly to the Maribyrnong River, as I said, Surprisingly, some years ago a dolphin made its way it is one of the geographical boundaries of the Essendon into the river. I think it was during a peak flood period electorate. It provides some interesting considerations or a high tide. Having made its way up the river, the for the way we use the Maribyrnong corridor into the dolphin was stranded there for a number of weeks. future. One of the ambitious projects for the previous People were not sure whether it made its way back into government that will also be one for this government is the bay, but it was stranded there for some time. Over a the redevelopment of the Maribyrnong defence site. period of weeks people from the local paper and local Members may know that site is on the extension of residents became a bit concerned about the distress that Raleigh Road and is basically across the road from the the dolphin might be in, given it was in the river for a Highpoint shopping centre. With the prospect of more period. Of course the dolphin attracted sightseers who residents in that area and only one or two roads into and were interested in it. While I do not think anybody out of it, there will be a high degree of complexity for interfered with it in any way, I make the point that the management of the traffic. One of the opportunities although the seat of Essendon is some way from the is to use the Maribyrnong River for transport through ocean it is not necessarily far from salt water and the that corridor from time to time. I know there are issues wildlife that uses the bay can potentially make its way because the river is narrow in that neck of the woods, so up the river. people in boats are not allowed to get up much speed. However, there is the prospect of providing an alternate Recent revelations about dolphin activity in the bay and means of transport through that corridor. the identification of a new species raise the prospect of
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To service the site properly there will need to be of the other coastal regions. We have marvellous assets improved public transport along Maribyrnong Road, for everyone to have the opportunity to enjoy — but to with investment in larger trams. The opportunity is enjoy in a way that is measured and considered and there to use the Maribyrnong River as a gateway to recognises that it is important to protect what we have Melbourne, as it is used during the Melbourne Cup rather than loving it to death by overusing those carnival. It is certainly worth considering and having facilities, putting pressure on the environment and the government investigate in the near future the putting too much burden on those who use our extension of the services up the river to relieve some of marvellous assets. what I expect will be city commuter congestion arising from that site. One of the issues along the Maribyrnong Debate adjourned on motion of Mr MORRIS River is that some years ago a number of car bodies (Mornington). were removed from the river. If the river is to be used for transport and that use is not to impact on wildlife, Debate adjourned until later this day. then probably some surveying of the riverbed must be undertaken to make sure that there are not too many car CRIMINAL PROCEDURE AMENDMENT wrecks left in the river along there. (DOUBLE JEOPARDY AND OTHER I know that a ferryboat — if I have its name correct, it MATTERS) BILL 2011 is the Blackbird — has been operating along the Maribyrnong River basically as a pleasure craft. People Second reading often book it for celebrations and events. There is the Debate resumed from 9 November; motion of opportunity to increase those sorts of movements along Mr CLARK (Attorney-General). the river and to encourage commuter use of the river; however, it must be recognised that if people choose to Government amendments circulated by use pleasure craft to go up and down the river, they Mr CLARK (Attorney-General) pursuant to have to respect the marine life and the safety of others standing orders. when they do it. Ms HENNESSY (Altona) — I am grateful for the We are not going to oppose the bill, but we will express opportunity to rise to speak on the Criminal Procedure some concerns. In particular the marine craft sector is Amendment (Double Jeopardy and Other Matters) Bill concerned about the degree of regulation and red tape 2011, and I note the amendments that have been that the bill may bring to the use of waterways. Given circulated in the house. Unfortunately the opposition that many boat owners have very simple craft — such has not had a long period of time in which to consider as tinnies, which are often used in a very simple way — the amendments; in fact this is the first time I have seen adding complexity to their waterway use is no doubt them. The Attorney-General has just advised me that going to create greater issues for those users. the amendments pick up one of the recommendations in the SARC (Scrutiny of Acts and Regulations The provision of information to boat operators and boat Committee) report. At this point in time I would say owners is very important. I look forward to any money that the opposition is likely to be positively predisposed raised from these new controls being invested not only to those amendments. in marine safety and reminders about marine safety for those who use marine craft but also in providing that As the lead speaker on behalf of the Victorian information in a simple format in various languages to opposition, I advise the house that the opposition will boat users in and around the locations where people not be opposing the bill. Whilst the bill contains a bring their craft in and out of the water. There should be couple of statute law revisions, the main thrust of the officers who are promoting these issues rather than bill relates to the law of double jeopardy, and it boaters or those who use our waterways only finding provides a number of exceptions to the existing law of out when fined that there are controls. I encourage the double jeopardy. I will focus my contribution to the government to continue to invest in the provision of debate on that aspect on the bill. information to the boating sector. In my shadow portfolio responsibilities I recently met I also encourage investment to be made in promoting with a stakeholder who made the point when discussing the bay and the use of the bay for marine pleasure craft. some legislation that had recently gone through the We should also reinforce to the public that we have house that when they went to Hansard they often felt some magnificent assets, whether they be the they were none the wiser about what the bill actually Maribyrnong River, the bay, Western Port bay or some did. Whilst the debate between our side and the
CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011
5638 ASSEMBLY Wednesday, 23 November 2011 government side might have been entertaining, it was Whilst contemporary challenges mean that the not necessarily instructive. It may be a complete stretch, environment is ripe for a change and for reflection in but while I accept the ‘We are tough on crime, and you respect of those common-law principles, which have are not tough on crime’ part of debate as political largely been adopted in statute law in Victoria, it is theatre, I think when we are dealing with such always worth remembering what limitations we wish to significant changes to the criminal justice system it put on the power that the state may exercise. reflects very poorly on all of us when we do not speak Thankfully we live in a jurisdiction where the death on the substance of the bill. penalty does not exist, but even in many democratic common-law jurisdictions and many democratic As we talk through the specifics of this proposed continental jurisdictions the death penalty still does legislation, it is incredibly important that we try to exist. But I think it is incredibly important that we ensure that in creating the public story of legislative acknowledge the political environment in which the change we remember that we have an obligation to common law has evolved and that the principles around ensure that the story is clear, transparent and factual. A double jeopardy evolved in that environment because little bit of theatre around the side does not hurt in those of a fear of misuse of the power of the state. circumstances. I preface my comments by saying I hope this debate is instructive and not one that is Having said that, the present law of double jeopardy is overladen with mendacious political theatre in the currently outlined in section 220 of the Criminal absence of substance. Procedure Act 2009. In terms of the specifics of this bill we need to be really clear that this is not a bill that I would also like to take this opportunity to commend abolishes the defence of double jeopardy; this is a bill the Scrutiny of Acts and Regulations Committee on its that places some limitations on the use of that defence. report. I know that when bills are introduced the Alterations to the law of double jeopardy have occurred committee often does not have a substantial period of not only in a number of Australian jurisdictions but also time within which to deeply consider the proposals in in a number of comparable international jurisdictions. It the bills, but on this bill I think SARC has done an is also worth noting that the jurisdictions that are outstanding job. Perhaps the amendments the comparable include New South Wales, Queensland, Attorney-General has now circulated in respect of the South Australia, Tasmania, Western Australia, New application of murder and manslaughter of children Zealand, England and Wales, Scotland and Ireland. I under six — the child homicide laws that the note that the Legislative Assembly of the Australian amendments go to — is a reflection of the colossal Capital Territory considered a bill that limited double efforts SARC has made. It would be unseemly to not jeopardy, but the provision was ultimately not enacted. acknowledge that work. I certainly found its report We should note also that in 2007 a set of principles was instructive and insightful. agreed to by the Council of Australian Governments, and that has largely been the genesis of the bill the The law of double jeopardy is over 800 years old; it is government has introduced here. an 800-year-old tenet of the criminal law system. In fact it has persisted since the Norman conquest of England. As I have previously noted, there have been various The historical genesis of the law against double debates around the need to and the case for reforming jeopardy and the theory around the concept of finality double jeopardy laws. When one listens to the stories of in criminal proceedings was really always focused not families and victims it is very difficult to not find that just on due process but on the protection of liberty. case quite compelling. When you hear the voices of families who are in almost unimaginable grief and pain In regard to the emergence of the common law and the and who feel frustration and are absolutely crushed common-law doctrines that became entrenched so long because justice has not been delivered, you can only ago we also have to remember that this occurred in an imagine how unspeakably painful it must be for them if environment where often the consequence of a person new, fresh and compelling evidence subsequently being convicted was death. Principles and norms were emerges but is unable to be used in an attempt to exact adopted and entrenched not only at times when findings justice for the victim or the victim’s family. Put simply, of guilt led to execution but also in an environment we essentially believe the justice system needs to be fair where there was often summary execution. It is and effective, not only for victims and their families but worthwhile noting that the emergence of the common also for those against whom the allegations have been law has always been associated with a libertarian made. debate about the importance of protecting and preserving liberty against the use of the powers of the I would cross-reference my earlier comments about the state. capacity and potential for the state to misuse its power,
CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5639 but it is also important to remember that when a crime evidence was not adduced at the trial and that it could is committed it is not just the victims and their families not have been adduced, even with the exercise of who suffer the injury: a criminal offence is in fact an reasonable diligence. The impact of that provision is offence against the entire community. It is an offence that this will not be evidence that a prosecution or an against all of us. I believe a justice system should investigative team has in some way failed to pick up in deliver exactly that: justice. If we can better deliver the course of developing a brief of evidence to provide justice without sacrificing the integrity of the criminal to the DPP (Director of Public Prosecutions). It will justice system and without forgoing proper checks and ensure that this bill will not reward lazy investigations balances, then it is the view of the Victorian opposition or provide a second chance; rather it will apply in cases that we should do exactly that. It is our view that the where it simply was not possible for that evidence to proposal before the house today meets that test, and that have been adduced. ‘Compelling evidence’ means that is why we do not oppose this bill. evidence should be reliable, substantial and highly probative. The bill provides that the evidence must not I will go through the provisions of the bill. Briefly, it have been able to be produced at the original trial, even will allow for new trials where there is fresh and with the exercise of reasonable diligence. compelling evidence for the offences of manslaughter, murder, arson causing death, rape and large-scale drug The other circumstance in which a new trial may be trafficking. Again I would make some reference to and allowed is when there has been a tainted acquittal for a note the amendments that the Attorney-General has crime where there is a penalty of 15 years or more. That circulated. It would be remiss of me not to make the exception arises when a person has been convicted of observation that we have seen much speculation in the an administration of justice offence. The sorts of crimes media about the sorts of cases that some hope may be that administration of justice offences include are captured by these changes. Whilst my heart certainly perjury and the witness tampering type of offences. The goes out to the families and victims for whom this bill Court of Appeal must be satisfied that it is more likely may have generated some hope — and indeed I share than not that but for the administration of justice that hope — I think it would be unfair and potentially offence the accused person would have been convicted damaging, both from a legal point of view but also from at the original trial. the point of view of unnecessarily raising expectations, for us to talk about those sorts of cases individually. A final limb of the exception to the law of double jeopardy that this bill introduces goes specifically to As a wise man, Acting Speaker, I know you will show cases of administration of justice offences in relation to guidance to all of us in this chamber in regard to indictable offences. The final limb is broader than the discussing the individual merits of particular instances first two exceptions. As I said, it applies to any that have occurred in Victoria’s criminal justice history. indictable offence when, and only when, the Court of I am deeply aware of the limitations of the use of Appeal is satisfied there is fresh evidence of the parliamentary privilege, and often what we say in this commission of an administration of justice offence in chamber gets reported externally. It is critically relation to the previous acquittal of that indictable important — and I will come to the provisions in this offence. bill — that nothing we do or say as public representatives could ever be used to argue that a fair The bill effectively sets out three enabling exceptions trial has been jeopardised. I wish specifically to put on whereby an application to the Court of Appeal of the record the Victorian opposition’s empathy, hope and Supreme Court can be made. But that is not the end of support for those for whom this bill might deliver the it. There are still two more significant hurdles that will spectre of better justice than they have received in the need to be jumped in order to successfully have a fresh past. However, we also take seriously our obligation indictment issued lawfully. For example, the police will not to falsely raise expectations and our obligation to be required to obtain the authorisation of the DPP to not, in the realm of political theatre, potentially commence an investigation into a case in which jeopardise the conduct of a fair trial and to ensure that someone has previously been acquitted. The exception we let the separation of powers work properly. will be cases where urgent action is required to prevent irrevocable prejudice to an investigation. I imagine With that in mind, I would also like to just touch briefly those would be the sorts of cases where there might be on what fresh and compelling evidence might be. I will the risk of evidence tampering and where there might do so only in the abstract. I am aware of the various be the risk of flight by the suspect or potential media commentaries that have been made about various defendant. cases that may or may not be captured by the provisions of this bill. Under the bill ‘fresh’ means that the
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These are questions that my colleague the shadow issue a permanent stay of the application. Effectively Attorney-General put to the Department of Justice when one seeks to invoke the provisions on the representatives during the briefing that was provided — exceptions to the rule of double jeopardy there will be we would like to express our appreciation for the one shot. If that does not make it, that will be the end of provision of that briefing — and we were assured, and the matter. In fact it is important to understand that we rely on those assurances, that the circumstances in there can also be only one new trial. If the Court of which this power is likely to be used would be very Appeal makes the determination that it meets the rare. In any event there is also a second capture because statutory test that a fair trial is possible and a trial is the police members would then be required to get not held but ultimately there is no successful conviction, just interim approval from a senior member of Victoria then again that will be the end of it. Police but would also be required to get DPP confirmation as soon as practicable. A senior member There was some concern among some within the legal of the police in the circumstances of this act includes fraternity about whether this provides an opportunity the chief commissioner, deputy commissioner or an for the police and the DPP to continue to attempt to assistant commissioner. prosecute a matter until they got results. That would be a mischaracterisation of what the provisions of this bill Once such an indictment has been filed, the DPP must deliver. The bill is incredibly detailed and specific in take the application to the Court of Appeal for a new respect of the circumstances in which it will apply, and trial within 28 days. This is not a circumstance where there will be one chance and one chance only. It is also investigative bodies will be able to sit on the evidence important to note that a retrial cannot be sought if an or will have an opportunity to go out and fish for more offender is convicted of a lesser offence on the basis of evidence. There is a reasonably short time frame within the same facts — that is, if the defendant is charged which they will have to take the matter to the Court of with murder but is ultimately convicted of Appeal. The court then has the job of making the manslaughter, then the bill provides that proceedings or determination. Again, the opposition is reasonably an indictment could then not be relitigated in trying to satisfied that there is a good separation of powers and get the conviction for murder successfully prosecuted. there are a number of junctures of checks and balances. It also provides that if in the original trial a defendant was acquitted on grounds of insanity, a retrial could not I mean no disrespect when I say that the Court of be sought. In circumstances where an offender is Appeal of the Supreme Court is no pushover and it acquitted on the basis of insanity, that is effectively the takes its job very seriously. I cannot imagine that the end of it, regardless and irrespective of what new Court of Appeal would necessarily be too porous in the evidence may emerge. way that it applied the provisions contained in this bill, because in doing so it has not just to be satisfied that the Where the Court of Appeal enables a new indictment, case satisfies one of the rules of the exceptions the bill the bill provides that there will be an assumption that sets out. Fundamentally the court has a further general bail will be granted. That is a significant variation to the catchall obligation: it has got to be satisfied that a fair presumption around bail in respect of other criminal new trial is also possible. The bill, if adopted, does not offences. That is obviously a presumption that can be provide just that the circumstances and the evidence rebutted with compelling evidence, but it is an should satisfy the statutory requirements. It also important check and balance to be noted. provides that the Court of Appeal is required to turn its mind to whether or not a fair trial is possible. It is in the Finally, and it is a quite significant point, where there is context of that provision and a general belief in the a new trial, the prosecution cannot make reference to importance of fair trials that the opposition also restates the fact that the Court of Appeal has been satisfied that its view that the debate on the bill in this chamber is not there is fresh and compelling new evidence. The the occasion to go into the individual specifics of cases prosecution would not be able to use the fact that a that may or may not ultimately be captured by this Court of Appeal has said, ‘Yes, there is fresh, new legislation. compelling evidence’ as evidence in the second trial. If they do so and that provision is therefore not honoured, If the Court of Appeal determines that the application is there is the possibility of a mistrial. This is another lost because, for example, it does not satisfy one of the check and balance that speaks not just to the limitations three limbs that will now be an exception to the general of the bill but also to the attempted balance of fairness rule of double jeopardy as a defence in Victoria, or if and due process that has sought to be struck. the Court of Appeal is not satisfied that a fair trial is possible, the application can never be made again As I said, the law against double jeopardy has been a because the bill then requires the Court of Appeal to longstanding one. There has often been debate about
CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5641 double jeopardy, particularly among those who are It gets better, Acting Speaker, so hang with me. Lord particularly fond of or attached to longstanding Auld continues: principles of the common law. But I do note that in the United Kingdom when they reflected upon the need to If there is compelling evidence, say in the form of DNA or other scientific analysis or of an unguarded admission, that an perhaps provide some exceptions to the law of double acquitted person is after all guilty of a serious offence, then, jeopardy some advice was provided to the Blair Labour subject to stringent safeguards of the sort proposed by the government by Lord Auld. He is one of the great lords, Law Commission, what basis in logic or justice can there be as those of us who have perhaps had the pain of for preventing proof of that criminality? And what of the working in the law in a previous life would know. public confidence in a system that allows it to happen? Certainly he commands enormous respect and has To permit reopening of an acquittal in such a circumstance is certainly contributed a great deal to common-law not inconsistent with … jurisprudential history. He then refers to a range of European conventions on Lord Auld wrote this terrific report in which he was human rights and the British human rights environment. really trying to grapple with the issue of how we I think the points he makes there are ones that the balance a long-term principle with the need to ensure Victorian opposition find persuasive — that the point of that the power of the state is not abused and that if a a justice system is to deliver justice. We are intimately person is found not guilty, that should be the end of it. aware of the advances in technology around DNA He also tried to balance this with, I think, the evidence. Whilst we are generally respectful of compelling argument which went to the purport of the common-law history and the need to have a system that justice system — that is, to seek justice. is fair to offenders, if there is evidence that is fresh and compelling which meets the tests set out in these bills I would like to refer to a number points that Lord Auld and which may deliver not just justice for a victim or made in the United Kingdom report, because he noted justice for a family but justice for all of us without that the proposals, as they were then — they have jeopardising the integrity of the criminal justice system, subsequently been adopted — would make significant it is the view of the Victorian opposition that it should inroads, and he called the common-law doctrine of be supported. On that basis I wish the bill a speedy double jeopardy a hallowed one. The report says: passage through the house.
Like many of our principles of criminal law, it has its origin Mr NEWTON-BROWN (Prahran) — On in harsher times when trials were crude affairs affording 11 October 1988 a person named Graeme Jensen was accused persons little effective means of defending themselves or of appeal, and when the consequence of killed in Narre Warren by police after threatening the conviction was often death. officers with a firearm. He had been under investigation by the Victoria Police armed robbery squad, which had He also makes reference to Hawkins, a great author planned to arrest him in connection with an armed who wrote a treatise on pleas of the Crown that can be robbery and murder. Graeme Jensen’s best friend was used in criminal proceedings. I hope, Acting Speaker, Victor Peirce. Thirteen hours later, at 4.39 a.m. on you will permit me the gender-exclusive language; 12 October, two young constables operating a these were written in earlier times. Hawkins said that ‘a divisional van in Prahran were called to an abandoned man shall not be brought into danger of his life for one Holden Commodore in Walsh Street, South Yarra. and the same offence more than once’. That was really Constable Steven Tynan and Constable Damian Eyre the basis of the Crown plea that is now promulgated not arrived on the scene. They were ambushed by a group just in Victoria’s Criminal Procedure Act 2009 but also of armed men. Constable Tynan was shot dead with a in common law. What Lord Auld quite insightfully shotgun whilst sitting in the car. Constable Eyre was observed was that the doctrine in its application to an seriously wounded. It is thought that Constable Eyre acquittal is not an absolute one, and as a matter of struggled with his attackers despite his injuries and that common sense it should not be so. This is where it gets another person approached from behind as he struggled, really exciting, Acting Speaker, so hang on to your removed his service revolver from its holster and shot chair: him in the head with it.
… the general justifying aim of the administration of criminal A task force was set up to investigate this cold-blooded, justice is to control crime by detecting, convicting and duly sentencing the guilty. It is not part of that aim, simply a calculated execution of those serving members of necessary incident of it, that the system should acquit those Victoria Police — young blokes doing their job in the not proved to be guilty. service of Victorians. There was an investigation that ran for 895 days. It discovered that the shotgun used to kill Constable Tynan was the same one that had been
CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) BILL 2011
5642 ASSEMBLY Wednesday, 23 November 2011 used by a gang dubbed the ‘Flemington crew’, which evidence. It is a good example of the sort of case that could had robbed at least four Melbourne banks. Seven fall within the new rules. months into the investigation this shotgun was found The proposed legislation is yet another example of the buried in a golf course garden bed. The shotgun and the commitment of the Liberal-Nationals coalition to doing shells were the single forensic link that the police had. what it said it would do in its election campaign last The members of the gang thought responsible for the year. This is just one of a number of law and order bank robberies were Victor Peirce, Graeme Jensen, promises that were made, and it is yet another of the Jedd Houghton and Peter McEvoy. Attorney-General’s law reforms to come before this Parliament. Yes, this bill is about an 800-year-old legal Four men were charged with the murders of Constables principle, but we are by no means alone in striking out Tynan and Eyre. The trial of Victor Peirce, Trevor on this issue. In 2005 Britain changed its law in a Pettingill, Anthony Farrell and Peter McEvoy began in similar manner. In 2008 New Zealand did too. And March 1991. A fifth suspect, Jason Ryan, became a within Australia, Queensland, New South Wales, South prosecution witness and he was offered immunity from Australia and Western Australia have all made moves prosecution, but his evidence changed several times to amend their double jeopardy laws. before the start of the trial and as a result was useless. Victor Peirce’s wife, Wendy, also became a That Victoria is one of the last states to actually act on prosecution witness and was put into witness protection this law makes a mockery of the former with Jason Ryan. Originally she provided an alibi for Attorney-General’s self-proclaimed legacy as a her husband, which she retracted, but in a pretrial reformist Attorney-General. In fact the former hearing she retracted her retraction. As a hostile witness Attorney-General dragged his feet on the issue when he she was not called to give evidence at the trial, and all had the chance to follow suit with other Australian four men were acquitted. states. As far back as 2003 when the Standing Committee of Attorneys-General released a discussion Much later, in October 2005, the widow of Victor paper proposing options for reform to the double Peirce gave an interview to journalist John Silvester jeopardy rule, the then Attorney-General, the member detailing her husband’s involvement in the murder. for Niddrie, said that Victoria ‘would not be rushing to Five years later, in February 2010, in an angry abolish the longstanding principle of double jeopardy’. exchange with New South Wales police after he was In the seven years that followed, the Attorney-General arrested in Newcastle, Peter McEvoy was reported as was true to his word and maintained Victoria’s less than saying he had heard the dying words of a constable: progressive position compared with other states in … the sweetest thing I ever heard was the police officer’s last Australia. One of the reasons he gave to support his words while he was dying. recalcitrance was published in the Age on 12 April 2003. He was reported as saying that: Peter McEvoy also bragged to a prison officer about killing two police officers. On 14 September this year To abolish the rule of double jeopardy will mean that a person assistant commissioner of police, Graham Ashton, told accused of a crime will be perpetually considered a criminal Age reporters that police had uncovered new evidence even if acquitted. that could warrant a retrial in the Walsh Street killings. Moving forward to 2007, a Council of Australian In the Age of 3 June he was reported as saying: Governments meeting discussed a model which If and when the legislation is introduced, we will of course proposed reforms of the double jeopardy law. The look at what new options this might present because we resolution at COAG was that: remain firmly committed to achieving justice for the families of Steven Tynan and Damian Eyre. … jurisdictions will implement the recommendations of the Double Jeopardy Law Reform COAG Working Group … Without this bill being passed into law there is no way noting that the scope of reforms will vary amongst that any fresh evidence could be reviewed with a view jurisdictions reflecting differences in the particular structure of each jurisdiction’s criminal law. Victoria and the to a retrial. I note the concern of the member for Altona Australian Capital Territory reserved their positions in that this case not be prejudged. It will be a matter for relation to the recommendations. the DPP (Director of Public Prosecutions) to review any potential new evidence and determine whether this In other words, Labor refused to adopt this is an appropriate case for retrial. In June the recommendation, whereas other states moved on it Attorney-General was reported as saying: much more quickly.
… Walsh Street is one of the cases that could result in a retrial if a court is satisfied there is sufficient new and compelling
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In Hansard of 10 April 2003, there is another example Mr PERERA (Cranbourne) — I wish to speak on of the former Attorney-General’s response to this issue. the Criminal Procedure Amendment (Double Jeopardy He is reported as saying: and Other Matters) Bill 2011. In contrast to other common-law nations, Australia’s double jeopardy law Whilst I am certainly prepared to listen and contribute to this has been held to extend to the prevention of prosecution important debate, it has long been a cornerstone of our legal system that no person acquitted of an offence should be for perjury following a previous acquittal where a required to stand trial again for the same offence. I am finding of perjury would controvert the previous concerned by any hasty move to erode such a fundamental acquittal. This was confirmed in the case of principle. R v. Carroll, where the police found new evidence that This comment was made by our great, decisive, convincingly disproved Raymond Carroll’s sworn alibi reformist former Attorney-General! I recall another of two decades after he had been acquitted of murder his great contributions to the law when he was charges in relation to the death of Ipswich child Deidre Attorney-General: he wanted to legislate against Kennedy. The police successfully prosecuted him for barristers wearing their traditional attire in court. perjury. Public outcry followed the overturning of his Imagine that! An Attorney-General legislating what conviction for perjury by the High Court and has led to you can wear to work. It was a ridiculous sideshow, and widespread calls for reform of the law along the lines of at the time there were far more significant issues that he UK legislation that was enacted sometime around 2005. could have been addressing, such as this important In December 2006 the then New South Wales Premier, issue of double jeopardy. But he squibbed it. Morris Iemma, introduced legislation to scrap As far as the bill itself is concerned, it reforms substantial parts of the double jeopardy law in NSW. common-law rules. It is particularly limited, so it is not The NSW Parliament passed legislation abolishing the a reversal or an abolition of the double jeopardy rule. It rule against double jeopardy in cases in which someone is confined to three particular circumstances. Firstly, was acquitted of a life sentence offence — murder, where there is fresh and compelling DNA evidence or a violent gang rapes, or large commercial supply or subsequent confession; secondly, where tainted production of illegal drugs — where there was fresh evidence, such as bribery of a witness, is used in the and compelling evidence of guilt; someone was trial; and thirdly, where there is evidence of perjury. acquitted of an offence with a sentence of 15 years or Strict safeguards mean there will be only one more where the acquittal was tainted by perjury, bribery opportunity to make an application for retrial of any or the perversion of the course of justice; or someone particular acquittal. The police will have to get written was acquitted in a judge-only trial; or where a judge permission from the DPP to reopen an investigation. directed the jury to acquit. The fresh and compelling evidence exception will only New South Wales, Queensland, Tasmania and South apply to the most serious categories of offences, such as Australia have already changed their double jeopardy murder, manslaughter, arson causing death, serious laws, as have England and New Zealand. In March drug offences, aggravated rape and armed robbery. 2011 Scotland passed legislation against the double The tainted acquittal exceptions will be limited to jeopardy rule. Now is the precise time when we should offences with penalties of more than 15 years. This will modernise our laws to reflect the realities of our not result in an opening of the floodgates to retrials in contemporary society. It is about time we changed our Victoria. Indeed there are no cases yet in any Australian laws in regard to double jeopardy. The principle of jurisdiction where the legislation that has already been double jeopardy dates back over 800 years, but we now enacted in those states has been used. In the UK, where live in a very different world. Our law needs to be this kind of legislation has been in place for a bit longer, modernised to ensure that it is fit for the 21st century. there is only a handful of cases. This is an important Therefore the opposition will not be opposing this bill. change to the legislative regime that will enable matters In this day and age, people should not be able to walk to be retried in appropriate cases. free from court and subsequently boast about their guilt In conclusion, Frank Eyre, Damian’s father, himself a with impunity. If new evidence emerges which shows policeman of 46 years, summed up the need for this an original ruling was fundamentally flawed, it should legislation simply but eloquently. He said: be possible to have a second trial. I guess the community globally would accept this as fair play. You can’t have people running around killing policemen and Trials that are tainted by threats of corruption should be walking away saying, ‘I did it, what are you going to do about re-run. Prosecutors should not have their hands tied, it?’. and this bill will ensure that in such cases there will be no escape from justice.
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One of the reforms that this bill will make once enacted acquittal, evidence becomes available that the acquitted is that the Director of Public Prosecutions (DPP) will be person has admitted to committing the offence; or able to apply to the Court of Appeal for a new trial in a permitting the prosecution of a person on a more particular case. The reforms will apply only to serious serious charge where the victim has died after the crimes, including murder, manslaughter, commercial original charge. The Scottish act is similar to the bill drug trafficking, aggravated rape and armed robbery. before the house. The Law Institute of Victoria (LIV) backs retrials in cases where the accused has been acquitted owing to In the UK, in the briefest of retrials, Billy Dunlop tainted evidence but does not support retrials where pleaded guilty to the 1989 murder of 22-year-old new evidence, such as evidence involving DNA, has woman Julie Hogg. Previously he had been acquitted of emerged. The Law Institute of Victoria’s the crime. The case is the first made possible by new president-elect, Michael Holcroft, has said that the LIV criminal justice legislation which allows what is known is not convinced that DNA is a magic panacea since it as double jeopardy in certain circumstances. The is subject to human error just as other forms of evidence Dunlop case is the first to have gone through that are. Mr Holcroft has said that a Victorian case in the rigorous procedure. However, other cases have been past year where a man was falsely prosecuted and spent mentioned from time to time, and after the relevant time in custody due to contaminated DNA evidence section of the Criminal Justice Act 2003 became law in shows that it is not foolproof. What this means is that April 2005, the National Crime Faculty in the UK DNA evidence should not be treated as compelling speculated that up to 35 acquittals could be reviewed. enough on its own to instigate a retrial. I believe that with advances in technology DNA evidence will In England, in deciding whether to overturn an become more reliable in the future. acquittal, appeal judges have to consider how the interests of justice are best served. A priority is whether If a trial was tainted or a first trial was not fair, LIV the defendant can get a fair trial the second time around, believes it is okay to allow a second trial in limited given the publicity and the length of time that has circumstances. Otherwise it does not support a retrial of elapsed since the first trial. The Court of Appeal can someone who has already been acquitted of the same prohibit the reporting of the evidence put before it, offence. LIV holds the view that if the prosecution has although a jury will inevitably be told that it is trying a not got sufficient evidence to obtain a conviction, then case that has already been heard at least once. One it should not be going to trial in the first place. safeguard for a defendant is that there can be only one Mr Holcroft has said he is unaware of any retrials in the application to have an acquittal overturned. wake of double jeopardy reforms in other states. In Tasmania there have been no retrials flowing from In England in 1991 the Law Commission double jeopardy reforms in 2008, and Queensland’s recommended that the double jeopardy law be relaxed Office of the Director of Public Prosecutions was and said that the only offence to qualify should be unaware of any retrials since its 2007 reforms. The murder. However, the legislation now applies to up to proposed Victorian law is based on model legislation 30 offences which attract a life sentence, including approved by the Council of Australian Governments in manslaughter, kidnapping, rape, armed robbery and a 2007. number of serious drugs crimes. This is very similar to the offences covered in the Victorian legislation, with In March 2011 the Scottish Parliament voted the amendment adding child homicide. unanimously in favour of a bill that was introduced to update its double jeopardy laws. Double jeopardy is a Despite the government’s agenda to rebalance criminal fundamental principle of Scottish law, which provides justice in favour of victims, most lawyers and judges essential protection against the state repeatedly believe that retrials after acquittal will be rare. The bill pursuing an individual for the same act. However, tightly defines the circumstances in which retrials may certain exemptions will now apply. The key elements be allowed and builds in various safeguards with of the Double Jeopardy (Scotland) Act 2011 are: respect to the powers of police and the DPP as well as restating and clarifying the ancient law on double clear criteria to guide the Court of Appeal. jeopardy and removing the anomalies and uncertainties Mr BATTIN (Gembrook) — I rise to support the identified by the Scottish Law Commission in its 2009 Criminal Procedure Amendment (Double Jeopardy and report on double jeopardy; allowing a second trial Other Matters) Bill 2011. Prior to beginning my speech, where, after an acquittal, compelling new evidence and it is with caution that I deliver the first part of my emerges to substantially strengthen the case against the speech, I would like to put on record that my thoughts accused; allowing a second trial where the original trial are with the families who have been left behind or who was tainted; allowing a second trial where, after an
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Wednesday, 23 November 2011 ASSEMBLY 5645 have gone through court processes or trials where they where the offender threatened to cause death or really believe there was no result. In life, we should never lose serious injury to the victim. hope. It is what drives us. Some crimes are against an entire community and leave an everlasting impact. The An acquittal is tainted if the accused or another person community feels that everyone is entitled to a fair trial; was convicted of an administration of justice offence in however, Victorians also want a result that is just. the original trial and it is more likely than not that the person would have been convicted of the offence at the This bill delivers on an important coalition election trial if it had not been for the administration of justice. commitment by implementing the 2007 Council of This exception applies to offences that carry a Australian Governments agreement on double jeopardy maximum penalty of 15 years imprisonment. An reform. The current law does not allow for the retrial of administration of justice offence means perjury, any offence in Victoria, so should a person be acquitted perverting or attempting to pervert the course of justice, or found not guilty, they get to walk away even when conspiracy to pervert the course of justice or bribery of the evidence may have meant overwhelmingly that they a judge of the County Court or the Supreme Court. This should have been convicted. The Victorian people have exception applies to all indictable offences. the right to be assured that a fair trial will ensue on behalf of the state if further evidence comes to light at a Subject to an urgency exception, new section 327E later date. requires the Chief Commissioner of Police, a deputy commissioner or an assistant deputy commissioner to This is a significant reform to criminal law in Victoria seek written authorisation from the Director of Public which will allow a new trial in just three situations: Prosecutions (DPP) before police can carry out certain where there is fresh and compelling evidence, where reinvestigation powers, including the questioning and the acquittal is tainted and where there is fresh evidence search of the person, the conducting of a forensic that an administration of justice offence has been procedure on the person and the taking of fingerprints. committed with respect to the original acquittal. The These are some of the safeguards that have been put in circumstances in which new trials may be allowed in all place to ensure that no agency has the right to three of these situations are tightly defined, and there reinvestigate any trial in which there was an acquittal are safeguards built into the model to ensure that it is simply to ensure that they get a result and so they do not abused or used to continue a trial unnecessarily. I not just continue to chase someone down. There are will discuss these safeguards later in my contribution. safeguards in place to protect the people of Victoria as well. These reforms will be of particular importance to victims of crime, and they demonstrate the The specific investigative powers set out under the government’s commitment to community safety by definition of reinvestigation are all powers that directly ensuring that those who commit serious offences are affect the person acquitted of the earlier offence or their held accountable and that the victims of those offences property. A further safeguard is that following a get justice. I return to my first comment: I think it is reinvestigation the DPP may decide to directly indict an important to all Victorians that there is justice for some accused, but the DPP can only proceed with an of these heinous crimes. application if the Court of Appeal authorises it under new section 327O. The DPP has to apply to the Court Fresh and compelling evidence is evidence that has not of Appeal within 28 days of the direct indictment being been led and could not have been led at the original filed unless time is extended under new section 327I trial, even with the exercise of reasonable diligence. It and must otherwise discontinue the prosecution. is evidence that is reliable, substantial and highly probative in the context of the issues in dispute at the The fresh and compelling evidence exception is limited trial of the offence. The offences to which an exception to where there is a change in the available evidence. In to the double jeopardy principle will apply include other words, it does not simply extend to allow the murder, conspiracy to commit murder, incitement to prosecution a second chance to convict the accused. It commit murder, attempting to commit murder, is important that police and the prosecution prosecute manslaughter, arson causing death, trafficking in large vigorously and not rely on the possibility of an quantities of a drug or drugs of dependence, cultivation exception to double jeopardy as a reason for not of a large commercial quantity of narcotic plants, rape investigating thoroughly and introducing available and and armed robbery if the offence is committed in relevant evidence at the original trial. The provision circumstances where torture is involved, where the does not operate to excuse or compensate for offender caused really serious injury to the victim or prosecutions based on inadequate investigation. I went through the relevant offences to which this exception
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5646 ASSEMBLY Wednesday, 23 November 2011 applied, one of which was murder. An amendment has high-profile cases, particularly when interstate and also been made to include the offence of child international examples show that new trials are very homicide, which I think is important. Its inclusion came rare. It is almost eight years to the day since the out of recent reports, and I think it is important that we attorneys-general of Australia released a discussion have that put in. paper on double jeopardy reform. Victoria is now following the lead of a number of jurisdictions, I will finish up. I commend the bill to the house and including New South Wales, Queensland and the support the government in its proactive stance on crime. United Kingdom, the latter being from where much of Victorians want a fair and reasonable justice system, our common law emanates. This should not be seen as but the thing they want more is a just result. As I the abolition of the principle of double jeopardy; rather, commend the bill to the house, I finish by referring to a it is a modification. The proposal is based on the model recent article in the Herald Sun, which says: put forward by the Council of Australian Governments, which relies on a determination either that there is fresh Police, and most members of the public, would argue there’s no shortage of public interest in getting a conviction in cases and compelling evidence or that a previous acquittal like Walsh Street, the Russell Street bombing that killed was tainted as a result of factors such as perjury or policewoman Angela Taylor in 1986, and the murders of two bribery of a witness. more policemen, Gary Silk and Rod Miller, at Moorabbin in 1998. Labor is wary about the circumstances in which police All three were not just random attacks on police but a brazen, can reinvestigate without the prior approval of the brutal challenge to the rule of law. Convictions were achieved Director of Public Prosecutions. However, I note that in only two of the three. the bill allows only the most serious cases to be considered under these proposals and that for a case to Some cases simply demand to be solved … be re-presented to the courts it must be the DPP and not Ms KAIROUZ (Kororoit) — I welcome the the police that makes such a determination. Setting opportunity to speak in the debate on the Criminal aside a tradition that has stood for some 800 years Procedure Amendment (Double Jeopardy and Other should not be done lightly. Labor believes that real Matters) Bill 2011. In a small number of countries, reform is required if it is in the best interests of justice including the US, India and Mexico, protection from to do so. If a person commits a crime and gets away double jeopardy is enshrined in the constitution. In with it and there is a chance for that person to be other countries where protection from double jeopardy retried, then Labor believes that justice should be exists such protection is provided by statute law. Some served. In closing, these eloquent words of John Stuart see protection from double jeopardy as something that Mill are apt: should remain enshrined within our justice system and As long as justice and injustice have not terminated their be unchallenged. The Victorian Bar has said: ever-renewing fight for ascendancy in the affairs of mankind, human beings must be willing, when need is, to do battle for The double jeopardy rule is valuable for the rule of law in our the one against the other. society because its effect is well understood by lawyers, police and the community. It protects the liberty of the Labor does not oppose the bill. I wish it a speedy individual against the power of the state. While there may be arguments in favour of winding back the double jeopardy passage. rule, achieving a just legal system depends on a whole range of considerations and on balance the principle of double Mr SOUTHWICK (Caulfield) — I rise to speak in jeopardy should not be overturned. the debate on the Criminal Procedure Amendment (Double Jeopardy and Other Matters) Bill 2011. The The Victorian Bar further argues the need for finality bill will improve community safety by ensuring for the participants in criminal cases. However, it must outcomes and reducing complexity while delivering on be said that for the victims and the families of victims a key government election commitment. I begin my of serious crime there is no finality when there is no contribution by putting on the public record my conviction. I cannot begin to understand what it is like sympathies to the victims of crime, whose lives are for the victims and the families of victims of crime or turned upside down due to absolutely no fault of their what they go through — the pain, suffering and own. If justice is not seen to be done when someone is never-ending questions of what one could have done to wrongfully acquitted, particularly when compelling prevent such crimes. Often these questions remain evidence arrives at a later date, that makes matters far unanswered. worse. I talk from personal experience. The father of I am concerned that the government has cruelly, albeit my brother-in-law was murdered in his mechanics store unintentionally, raised expectations for new trials in in Brunswick. In that circumstance the person was convicted, but over a period of some 10 years my
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Wednesday, 23 November 2011 ASSEMBLY 5647 brother-in-law, his family, his mother, my sister and In Australia, Victoria lags behind all the other states. others have lived with it every single day of their lives. South Australia changed its laws in 2008, Western The victims of crime are often forgotten when these Australia in September 2011 and Tasmania in 2008, situations arise. With these changes to the double when amendments were introduced to allow retrial of jeopardy laws we are seeking to ensure that when serious cases. In October 2007, Queensland modified evidence is later found that somebody has committed a its laws to allow for retrials when fresh and compelling crime there is an opportunity to seek a retrial and have evidence became available after an acquittal of murder justice done. or a tainted acquittal for a crime carrying a 25-year or longer sentence. In all these states the laws were There are a number of things I want to talk about, but changed when the opportunity presented itself. As I firstly it is important to define double jeopardy. It is a mentioned, the Council of Australian Governments procedural defence that forbids a defendant from being recommended the changes in 2007, but the Brumby retried on the same or similar charges following a government refused to adopt them. legitimate acquittal or conviction. We all remember the 1999 thriller Double Jeopardy, which stars Tommy Lee We are certainly honouring our election commitment of Jones and Ashley Judd. It depicts a woman who is getting on with the job, and in doing this we have set framed for murdering her husband, who is later found three specific reasons for retrial. They make it very to be alive, and then has the ability to carry out the deed clear and ensure that there is the opportunity to seek a because she has already been tried. We say it happens retrial: firstly, on fresh and compelling evidence; only in Hollywood, but in Australia many situations secondly, where there is a tainted acquittal; and, thirdly, have arisen, and previous speakers have spoken of when there is fresh evidence that an administration of them, in which further evidence has come to light at a justice has been committed. These are three later time. Changes to the double jeopardy law would, opportunities to seek a retrial. I want to talk a little bit in those circumstances, allow a retrial. about those three instances, starting with when there is fresh and compelling evidence against a person, which I cite the case of the Walsh Street acquittals, the future really refers to DNA evidence. Obviously DNA of which still hangs in the balance. The double jeopardy evidence was not available before but is available now, rule has prevented the accused from being tried twice and if it links a person to a murder or points to a person for the same events. Many members of the public having committed a murder, then the exemption from would argue that it is in the public interest to get a the double jeopardy principle will apply. These are all conviction when it comes to these sorts of cases. The serious crimes which range from murder and deaths in 1988 of Steven Tynan and Damian Eyre manslaughter to arson causing death, from trafficking prompted a public response that grew to become Blue large commercial quantities of drugs of dependence to Ribbon Day, and many of us in this house wear a blue sexual penetration, rape and robbery. ribbon during September to honour the policemen and women who have died serving the community. Many The second area to which the law applies is where the members of the public have maintained their rage when original acquittal was tainted — for example, when an people such as the four who were brought before the administration of justice offence such as bribery of a courts and charged with the Walsh Street murders were witness or perjury takes place. In this instance the all acquitted, and certainly the changes to these laws exemption will apply for offences with a maximum of will provide the opportunity for these cases to be tried 15 years imprisonment or more. We are not talking again if there is compelling evidence. about minor crimes; we are talking about major crimes, and if it can be determined that evidence has been The Council of Australian Governments argued for tainted, then the law would allow a retrial. these changes in June 2007, and I am pleased that the opposition is supporting the bill; however, I note that The third area to which the law applies is where fresh we have been very late in changing these laws and have evidence has arisen that a person has committed an fallen behind other states and jurisdictions. When the administration of justice offence in respect of acquittal. opposition was in government, it had every opportunity This also applies to indictable offences. to do something about it; the former Attorney-General had the opportunity but did not take it up. It is In all of these cases the reforms allow for an assurance disappointing especially when you look at the other that there are safeguards and provisions. Let me say jurisdictions in the UK or New Zealand and see that there is only one more opportunity to have a go at this. they have already introduced similar legislation. The Director of Public Prosecutions needs written authorisation when there are search warrants, and police will not have the opportunity to have another go
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5648 ASSEMBLY Wednesday, 23 November 2011 at trialling somebody. The evidence needs to be I note that one because it gives an insight into the sorts compelling to enforce a second trial, and a retrial will of crimes we are dealing with. Those offences are the not be looked at unless there is that sort of evidence. ones to which the fresh and compelling evidence criteria could be applied. This is a very important bill that honours a commitment we took to the election, and it will improve safety There are also limitations in that essentially there is within our community. Cases like Walsh Street need to only one chance. If there is an attempt to bring a double be solved, and justice needs to be done. I commend the jeopardy prosecution against someone and to reopen a bill to the house. case where there has been an acquittal, there cannot be multiple bites at the cherry, so to speak. It is not simply Mr SCOTT (Preston) — I rise to speak on the the case that prosecutors can come again and again until Criminal Procedure Amendment (Double Jeopardy and they get a result. Such circumstances would have Other Matters) Bill 2011. As has been stated, Labor’s obvious difficulties; there could be political or other position is that it is important to allow a second circumstances. There could be a particularly prosecution of an acquitted person if it is in the interests high-profile case where there was pressure to of justice to do so. In saying that, I briefly comment that continually seek the prosecution of a person who had while the sub judice rules of the Parliament would not been acquitted until there was a result. That is apply to a number of the contributions to debate, I am a obviously something I would hope all members would little nervous about the potential impact that canvassing seek to avoid. These are serious matters that should be the details of individual cases may have on any future dealt with carefully. From the perspective of the Labor proceedings, but I will leave it at that and just draw to Party and its members, it is important that the removal the attention of the Deputy Speaker that members of double jeopardy be only in limited circumstances. should perhaps be a little bit careful considering the serious matters that are involved. There are other limitations in addition to that of only one new trial. A retrial cannot be sought if the offender As has been stated previously, the original law against has been convicted of a lesser offence on the basis of double jeopardy is a very old tenet of the common law. the same facts, if the offender has been acquitted on the According to my understanding it is over 800 years old grounds of insanity or if there is a presumption that bail and has provided an important protection. However, will be granted in the event of a new indictment. It is where a person has clearly and undeniably, say, gotten important that persons who have been acquitted are away with murder, there is a reasonable expectation presumed to be innocent. Like for anyone else in our that justice can be served. But in dealing with any system of law, there should be a presumption of important principle of the law it is important that innocence. I will not go through all the limitations, but modification or diminution of that principle be limited it is important to indicate that in this case we are where possible. In this case there are limitations on the dealing with serious crimes and that dealing with the changes to the rules around double jeopardy. Firstly, procedural issues that relate to the removal of the there are limitations in terms of the application. The principle of double jeopardy involves a number of key circumstances where the Court of Appeal may set aside limitations, which gives comfort to members on this an acquittal and allow prosecution of a charge to side of the house regarding the limited role it would continue are limited, as has been outlined by others, to play. three instances: fresh and compelling evidence, tainted acquittals and administration of justice offences. Other speakers have touched upon the fact that the removal of double jeopardy has occurred in a number Particularly in the first two cases there are in effect of other jurisdictions. It is my understanding that there significant limitations on the potential for a double have been a limited number of prosecutions because in jeopardy prosecution because the crimes we are dealing the jurisdictions where double jeopardy has been with are very serious. This has been touched upon by removed not many opportunities have been afforded to other speakers, but some of the crimes being dealt with prosecutors to bring prosecutions where there had been include murder, conspiracy to commit murder, previous acquittals. However, it is important to incitement to commit murder, manslaughter, arson understand — and this relates particularly to the fresh causing death, the cultivation of a large quantity of evidence aspect — that there have been significant narcotics, rape and armed robbery. It is worth noting scientific advances. I am thinking of areas such as that the armed robbery crimes include armed robbery information and communications technology and where torture, being the deliberate and systematic genetic material being found at crime scenes, and in infliction over a period of time of severe pain to the some areas of science there are new developments victim, was involved in the commission of the offence. almost on a daily basis that create the potential for new
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Wednesday, 23 November 2011 ASSEMBLY 5649 evidence to be tendered which could not have been Double jeopardy laws prevent a person from being tried more tendered at the time of a trial. than once for the same alleged offence, and have in most cases performed a valuable role in protecting an innocent citizen against being the subject of multiple prosecutions and It is important that, in law, people literally should not be provided certainty and finality in the justice process. able to get away with murder. I would hope that members of both sides who support this bill and its That has also been alluded to by other members in passage through the house — and Labor does not relation to what double jeopardy essentially means. In oppose this bill — would support the principle that the media release the Attorney-General went on to say: people should not get away with murder where there is new, fresh and compelling evidence. In dealing with the … there are occasions where a retrial should be allowed, when it becomes clear through compelling evidence not criteria of fresh and compelling evidence, I indicate that available at the time of trial that it is highly likely that the that, too, is limited. The evidence must be reliable, acquitted person is guilty, or where it is established that the substantial and highly probative in the context of the original acquittal was based on a perversion of the course of issues in dispute at the trial of the offence and, as has justice such as perjury or the bribery or intimidation of a been mentioned by previous speakers, the evidence juror. must not have been able to be produced at the original That gives a brief summary of what is before us today trial, even with the exercise of reasonable diligence. and what we seek to do. Yesterday in question time, These limitations — in effect, these qualifiers — on the when addressing a question in regard to strengthening removal of double jeopardy are very important. It is Victoria’s criminal law, the Attorney-General spoke important to ensure that there is broad support for these about a number of measures that the coalition changes and that our justice system retains the core government has adopted and about measures it seeks to principles that have underpinned it for hundreds of adopt in the future, such as having suspended sentences years. abolished in the higher courts for serious and significant offences. We have also established and declared that I will keep my contribution reasonably brief, but I will serious bullying is a crime; that has been debated in the say that I am slightly concerned that matters relating to house in recent times. We have had a recent debate on particular cases may be canvassed too widely. I fear the community-based sentences, and there has been some potential use of that and the impact it might have. It reform on that as well. We have also had debate on would be wise for all members to discuss the details of strengthening Victoria’s public prosecution service as the principles involved but not discuss individual cases well as on a number of other strong measures. This is in any particular detail. just another key measure that the Attorney-General has Mr NORTHE (Morwell) — It gives me pleasure to advanced. rise this afternoon to speak on the Criminal Procedure In terms of the current situation, double jeopardy is, as Amendment (Double Jeopardy and Other Matters) Bill we know, a longstanding common-law right that is 2011. This bill essentially amends three acts, one being recognised right around the world. From the the Criminal Procedure Act 2009. It provides Victorian perspective, it is recognised in human rights exceptions to the rule against double jeopardy that treaties and also in the Victorian charter act. As I would permit a person to be tried or retried in certain alluded to earlier, double jeopardy exists to ensure that circumstances, despite a previous acquittal. That is the there is fairness to accused persons by providing them main purpose of the bill. It does a number of other with protection against being the subject of multiple things, including amending the Public Prosecutions Act prosecutions and to add that finality to the criminal 1994 in relation to the functions of the Director of process. Public Prosecutions, and amending the Appeal Costs Act 1998 to provide for indemnity certificates where The bill itself seeks not only to adopt our election the DPP applies to continue a prosecution after a commitment, as I referred to earlier, but also, as other previous acquittal. members have alluded to, to reflect a particular model approved by the Council of Australian Governments in As I said, the main component of this bill relates to 2007, which it is based on. What we have before us double jeopardy reforms, as previously committed to by now provides that a new trial can be ordered where the Attorney-General, which was yet another election there is compelling new evidence that a person commitment from our government. I refer to a media previously acquitted of a serious crime is in fact guilty. release of 14 September 2010 in which the now In terms of the practical process involved, the Director Attorney-General raised these matters and sought to put of Public Prosecutions will be able to apply to the Court on the table that this was a coalition election of Appeal for a new trial, and there are elements that commitment. In the media release he said:
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5650 ASSEMBLY Wednesday, 23 November 2011 make that applicable and elements that do not. As the Other members have spoken about double jeopardy member for Caulfield referred to in his contribution, laws and how they operate in other jurisdictions. In there are three carefully defined crimes and situations Australia the states of New South Wales, South where this can occur. Australia, Tasmania and Queensland have already legislated to modify their double jeopardy laws. From Firstly, there is the case where there is fresh and an international perspective we have New Zealand and compelling evidence. That might be in the form of a England, which have also done likewise, so we are a subsequent confession or some new DNA evidence. little bit behind in terms of where we are in respect of The previous speaker spoke about technology and how double jeopardy laws. However, it is pleasing to see it has advanced over time. Whether that be in the form that the Attorney-General and the coalition government of DNA evidence or in the form of surveillance, the are adopting these laws. It is important legislation, and I technology we have available these days for use in believe it has been very well received by the investigating crime is greatly enhanced compared to community generally. what it was previously, so that is an important part of the conversation as well. It is important to note that Other members have referred to the fact — and it has there are particular crimes where the new law will be certainly been conveyed to me in my electorate over a adopted. They will be the most serious of crimes. Other period of time — that it is really difficult to fathom that members have also spoken about that. It could be for violent criminals could be seen to be literally getting any of the offences of murder, manslaughter, away with very serious offences, including murder. I aggravated rape, aggravated armed robbery, think the opposition is generally supportive of the commercial drug trafficking or commercial drug legislation before us. That is great to see, because on cultivation. It is in the cases of all the most serious of the one hand it is well recognised that not only should crimes where these double jeopardy reforms could somebody have access to a fair trial — we seek to do apply. that — but on the other hand we must also recognise that we have victims of crime who likewise would hate The second point we need to make with respect to this to be in the invidious position where somebody had is that double jeopardy laws could apply where an admitted to guilt of a serious offence yet the law original acquittal for a serious crime was tainted. That allowed that particular criminal to literally get away could be along the lines of where, for example, the with a series of serious offences such as murder. accused or a witness has committed perjury or where jurors may have been bribed or intimidated. One would As I said, this is one of a number of reforms the hope that that would never be the case, but that Attorney-General has put in place since coming to provision is there for protection regardless. government. This is a strong step in the right direction which is well supported by many in the community. The third aspect is where the prosecution wants to bring With those few words I commend the bill to the house. charges for an administration of justice offence where there is fresh evidence that the accused committed Mr FOLEY (Albert Park) — I rise to make a few perjury or another administration of justice offence at a comments in regard to the Criminal Procedure trial where the accused was acquitted of an indictable Amendment (Double Jeopardy and Other Matters) Bill offence. Those are the three key areas where the rules 2011. As others before me have said, the opposition and regulations operate with respect to double jeopardy. will not be opposing this legislation. As others have also said, this bill amends the Criminal Procedure Act There are some key points which I will quickly raise. 2009 in a way based on the model provisions approved Other speakers have alluded to the fact that the Director by the Council of Australian Governments (COAG) to of Public Prosecutions can only have one application deal with the issue of double jeopardy — that is, how to for a retrial in regard to any particular acquittal, so we handle previous acquittals. cannot have the DPP going back to the well, so to speak, on these particular matters. In terms of police As we know, under common law the special plea of obligations in their investigations and inquiries into a previous acquittal or being formerly acquitted is a bar to criminal matter in this regard, the police require written criminal prosecutions on the basis that the accused has authorisation from the DPP prior to being able to already been tried on the same charge on the same facts question a particular suspect or carry out surveillance in before a court and therefore should stay acquitted. As respect of a particular matter, save for situations where others before me have said, this bill seeks to deal with cases are urgent and there is a need to preserve the prospect of a double jeopardy defence, which evidence, so there is a proviso on that particular point. essentially protects an accused person from being tried
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Wednesday, 23 November 2011 ASSEMBLY 5651 for the same crime in respect of the same conduct on Other important amendments in this context go to how more than one occasion. the police reinvestigate a matter after an acquittal. The DPP must first give written authorisation before the As we have heard, this goes to the basis of the English police may reinvestigate an offence where there has common-law system that the Australian jurisdictions been a previous acquittal. This procedure can be and the commonwealth jurisdictions have inherited bypassed in only very exceptional circumstances from our colonial forebears. In that respect, it is very requiring expeditious action to prevent any perceived much the golden thread of the British judicial system as outrages against the rights of different parties. A range it applies in the Australian and Victorian jurisdictions. of other steps in the process put reasonable hurdles in Tampering with that golden thread is not something the way of the DPP, the police and the Court of Appeal that anyone would undertake lightly. That is why the in making such applications for the removal of the COAG position in 2007 was the subject of quite double jeopardy and previous acquittal provisions. As extensive discussions and negotiations across others have said, the bill makes a range of other jurisdictions and why a number of jurisdictions around amendments to other acts, including the Confiscation Australia — and others around the world with the Amendment Act 2010 and the Equal Opportunity Act British common-law system of justice — deal very 1995, and it addresses a couple of other bits and pieces carefully with this issue. We have seen that in most of along the way. the states of Australia, in New Zealand with its Criminal Procedure (Reform and Modernisation) Bill As has been said, the opposition will not be opposing 2010, in England and Wales with various amendments the bill. In my concluding remarks I draw the attention to their legislation from 2003, in Ireland in 2010 and in of the Attorney-General, as I am sure others have, to the Scotland only this year. comments in Alert Digest No. 14 of 2011 from the Scrutiny of Acts and Regulations Committee (SARC), As members have heard, in 2007 COAG established an dated yesterday, Tuesday, 22 November. In dealing agreed model for how to proceed with the double with this issue, the committee says at page 7: jeopardy provisions that are in amendments made by the bill before us. What we see in the bill and the Whilst the committee appreciates the distinction between Attorney-General’s second-reading speech is that new substantive criminal law and procedural law it is nevertheless the case that the proposed changes will expose persons to chapter 7A is inserted to reform the common-law rules criminal liability in circumstances where the current plea against double jeopardy. That chapter details the of … circumstances where the Court of Appeal may set aside an acquittal and allow the prosecution of a charge to previous acquittal — my Latin is not too good — continue afresh. provides a bar or an estoppel to a second trial for the same offence based on the same or substantially the same facts. Three fairly high bars of exceptions must be achieved before the Director of Public Prosecutions may apply to That is the whole point of the bill. On the same page the Court of Appeal. As other speakers before me have SARC goes on to say: said, these bars deal with the general areas of, firstly, fresh and compelling evidence; secondly, the notion of Subject to the committee’s charter report below, the question tainted acquittal; and, thirdly, circumstances where whether the limitations on the special plea of … administration of justice offences have been the basis of previous acquittal — the DPP’s application under this bill to the Court of Appeal. as they may apply to past acquittals, are proportionate and reasonable, are matters for the consideration of the In each of the three exceptions the Court of Appeal Parliament. must be satisfied that a new trial of the offence would That whole notion of what is proportionate and be fair, having regard to a range of factors, including reasonable is the key public policy issue that this the length of time since the commission of the alleged Parliament is being asked to consider in debating this offence, any failure on the part of the police or the bill. By courtesy of the fact that the opposition is not prosecution to act with diligence or expedition in opposing the bill as it is based on the model provisions making the application to the court and any other of the 2007 COAG arrangements, the opposition is not relevant matter that either the DPP or the court can take suggesting one way or another whether the government into account in the particular circumstances of has that right. History will be the judge of that in the particular matters, should they make their way that far. application of this legislation in particular circumstances. Nonetheless, the whole notion of
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5652 ASSEMBLY Wednesday, 23 November 2011 proportionate and reasonable actions by other than the As I said, the bill deals with only the most serious of DPP or the Court of Appeal will be the ultimate test on offences. An awful lot of criteria have to be met before which this legislation stands or falls. In that respect, if this can happen. As somebody said before, it is not a he is to summarise at the end of this debate, it would be matter of someone just having another bite at the cherry important for the Attorney-General to consider and or double-dipping. If a prosecutor does not achieve the reflect on some of the matters proposed by SARC in outcome they want, they cannot just apply to have that this report it has helpfully provided to the house. With person tried again. those few brief comments, I conclude my remarks. There needs to be a procedure, and there are three types Mrs VICTORIA (Bayswater) — I am very pleased of cases which enable an offence to be tried again, to rise to speak on the Criminal Procedure Amendment including where there is fresh and compelling evidence. (Double Jeopardy and Other Matters) Bill 2011. This is New witnesses may come forward who were too scared a realisation of one of the government’s commitments to come forward at the time of the original trial. If that in the 2010 election campaign, which was that if we is fresh and compelling evidence, those witnesses may had a Baillieu-led government, we would certainly sign well be able to give that evidence. Also because of new up to what the Council of Australian Governments technologies there may be an opportunity to re-examine (COAG) had done back in 2007. I note that many states some of the evidence. DNA is an obvious example of a that signed up have gone ahead and introduced these technology that has come an awful long way, even in sorts of laws. We are just a little tardy here in Victoria. the last decade. If cases from even multiple decades ago It has taken a Baillieu government to bring this bill to still have evidence in existence and the circumstances the fore. In a minute I will go through what some of the can be looked at again through DNA testing or other other states have done. means, then that should be allowed to happen.
The primary function of this bill is to amend the There could also be a double jeopardy retrial if there Criminal Procedure Act 2009 and the Public was an acquittal where some of the original evidence Prosecutions Act 1994 to remove the double jeopardy could be shown to have been tainted. I will come back rule in cases where, under three different to that point. That can only take place if the offence was considerations, there is good reason to do so. Before I serious enough to carry a minimum penalty of 15 years go through those considerations, the idea behind imprisonment. There is also the administration of introducing this bill is that the law needs to be just and justice offence argument, which can be applied to all fair. When a person is brought to trial, obviously a fair indictable offences. and just outcome needs to be the result not only for the victim but also to ensure that we are sending the right I want to go through these three types of cases in a little message to potential perpetrators, saying: this is just not bit more depth. As I said, fresh and compelling on. We are talking about only the most serious evidence is one case, and that is dealt with by new offences, which I will go to in a minute. section 327C, which is inserted by clause 17. That applies where there is evidence that was not admitted at As I said, this bill is very important to the victims of the original trial and could not have been admitted at crime, and it is a very important part of this the original trial. It may have been because it was just government’s commitment to ensuring that members of not there and either, as I said, someone has come the community feel safe, that they are being heard and forward or procedures and technical advances have that for the most serious offences justice is being done. allowed for that new evidence to come to light. It Currently a person cannot be tried a second time if they cannot be that the evidence was simply missed; it has to have been acquitted at trial. That rule will be removed be that the case that it was not able to be presented at in some of the most extraordinary circumstances. Some the original trial. The fresh and compelling evidence of the places around the world where the double exception to double jeopardy will only be able to be jeopardy rule has been reformed are, for example, New applied to the offence of murder and related offences Zealand, Ireland, Scotland, Wales and England. If you such as conspiracy to commit murder and attempted look at jurisdictions in other states of Australia, which I murder, manslaughter, arson causing death, trafficking will come to in a moment, you see that no cases have in a large commercial quantity of a drug of dependence, been subject to these new laws. In the United Kingdom cultivation of a large commercial quantity of narcotic in general and England in particular there have been plants, rape and armed robbery in circumstances where fewer than a handful of cases where there has been a torture was inflicted, really serious injury was caused or desire to have a person retried under the double death or really serious injury was threatened. jeopardy law reform.
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The second of the three exceptions to double jeopardy the bill to the house, and I hope it has a speedy passage which mean a retrial may be brought about is in cases through both houses. where the acquittal may have been tainted. As I said, this is for offences where the minimum penalty is at Ms BEATTIE (Yuroke) — I also rise to make a few least 15 years. Where the trial or the acquittal is said to brief remarks on the Criminal Procedure Amendment be tainted, the prosecutor will be able to reinvestigate (Double Jeopardy and Other Matters) Bill 2011. As and apply for a new trial. The third exception is for others before me have said, Labor does not oppose this administration of justice offences, and this basically bill. I am not comfortable drawing attention to various relates to things like perjury, perverting the course of cases that may be subject to the bill. I intend to speak justice, conspiracy to pervert the course of justice and only generally on the bill rather than naming some of those sort of things. It could be to do with, for example, those high-profile cases. the bribery of the judges involved in the case, which would be at the County Court or Supreme Court This bill should give some victims of crime some because of the type of offences we are dealing with. comfort. The law against double jeopardy is a These are very good, progressive and tight examples of longstanding one; it spans some 800 years of the the type of things that can be taken into account. criminal law system. Typically double jeopardy is the Double jeopardy cannot happen for any old parking prosecution of a person for the same offence for which fine or anything like that. It has to be the most serious that person has previously been acquitted. As the law of offences, and it has to meet one of those criteria. It is stands at the current time, you cannot bring that person interesting to see that amongst those who support these to trial again. It has been an important foundation of our changes are Victoria Police and the Office of Public legal system, because you should not be able to pursue Prosecutions. They are very happy with the changes. a person forever when they have been acquitted unless there is compelling evidence that something has gone I want to talk a little bit about the other jurisdictions in astray or fresh evidence has been found. Australia. As I said, in 2007 a COAG agreement was signed, and most of the other states have already When we watch episodes of CSI on television, we see brought in these reforms. South Australia and Tasmania them putting something in a little shaker and whizzing have adopted the COAG model. New South Wales and it through a computer, and within the hour they have Queensland have more limited models. Queensland has found the person who is guilty of the crime — it is all limited the reasons for a double jeopardy retrial to fresh over in a hour. Many members of this house with a and compelling evidence and to the offence of murder. legal background and those with a policing background In New South Wales it has been limited to murder and know that this simply is not true and that to get any sort other life imprisonment offences, including aggravated of conviction requires hours and hours of painstaking versions of those offences, which we also cover in the work. However, you do not throw 800 years of tradition bill. Some would say we have gone a little bit further out of the window lightly. I am convinced that in this than some of the other jurisdictions. I think what we bill, which I must say is very well drafted, the checks have done is particularly good. In some jurisdictions in and balances are in place to protect those who have the United Kingdom they have had exemptions to been acquitted from just being dragged before the court double jeopardy for a little while, and the ability to gain time and again. Indeed you can only be retried once, an exemption from the double jeopardy rule has been and this is only for the most serious of crimes. used very seldom. It will be used very seldom here as Honourable members interjecting. well, but it is nice that it is there in the case where something has gone completely wrong. Ms BEATTIE — I know the member for Richmond is listening intently to my contribution. This is a very good day for the victims of crime and for the legal system. We now know that as technology The fresh evidence provision applies only to the most advances and we have more capability to go back and serious crimes, including manslaughter, arson causing look again at evidence there is the option to reopen a death, rape and large-scale drug trafficking. What do trial and say, ‘We potentially have it wrong’. This is a we mean by ‘fresh evidence’? Fresh evidence is very good day for all Victorians. This is a very bold evidence that was not adduced at the original trial and step by the Baillieu government. It is something we could not have been, even with the exercise of promised we would do. We have fulfilled yet another reasonable diligence. If the evidence was there but was one of the promises we made leading into our first year not led at the first trial, then it is not fresh evidence; it is in government — and a very good year in government just evidence that the prosecutor chose not to lead. it has been. This is a fantastic step forward. I commend ‘Compelling’ means that the new evidence is reliable, substantial and highly probative. A new trial may be
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5654 ASSEMBLY Wednesday, 23 November 2011 allowed where there has been a tainted acquittal for a CITY OF MELBOURNE AMENDMENT crime for which there is a penalty of 15 years or more. BILL 2011
I would like to talk about some of the checks and Second reading balances in this extremely well drafted bill. The police will require authorisation from the DPP (Director of Debate resumed from 9 November; motion of Public Prosecutions) to commence an investigation into Mrs POWELL (Minister for Local Government). someone who was previously acquitted, except in cases where urgent action is required to prevent irrevocable Mr WYNNE (Richmond) — I rise to make a prejudice to an investigation. In such a case an interim contribution to the City of Melbourne Amendment Bill approval may be sought by a senior member of the 2011 on behalf of the opposition. I indicate at the outset Victoria Police force, so it is not just somebody who that the opposition does not oppose the bill, because it imagines themselves to be a policeman but somebody brings the City of Melbourne into line with other who is very senior in the police force — a chief municipalities. commissioner, a deputy commissioner, or an assistant commissioner — with the DPP confirming that as soon As members of the house would be aware, the overall as possible. The DPP must make an application to the legislative structure of local government is dealt with Court of Appeal for a new trial within 28 days. Those by the Local Government Act 1989, but there is also a checks and balances are in place. City of Melbourne Act 2001. What this bill does is alter the City of Melbourne Act 2001 to empower the At a new trial the prosecution cannot make reference to the Court of Appeal that the new evidence has been government to implement the recommendations of the compelled or that there has been a tainted acquittal. If it electoral representation review of the city of Melbourne mentions that there has been a tainted acquittal, it may undertaken by the VEC (Victorian Electoral risk a retrial. While we believe this is an important bill, Commission) without making further legislative we do not believe people should be allowed to get away change. This brings the City of Melbourne in line with with murder. As other speakers have alluded to, this is all other municipalities. We think that is an entirely not a law that is used extensively. It has been used very reasonable thing, because it is appropriate for the sparingly, and convictions have been very rare indeed. Minister for Local Government, on the advice of an We support that. We do not think these laws should be independent body such as the Victorian Electoral trotted out every day; they should be used most Commission, to implement those recommendations. sparingly. To give a further brief overview of the bill, it also sets I also want to say something about the person who has out a number of minor amendments to schedule 1 of the been acquitted. It is important to regard them in the City of Melbourne Act 2001, which sets out new same way as at the original trial — that is, that until deadlines in the election process relating to the they are found guilty, they are innocent of that crime. registration of groups, voting tickets and how-to-vote cards. I may stand corrected, but I think it also brings As has been stated, this bill is based on a model agreed the City of Melbourne into line with the time lines of to by the Council of Australian Governments in 2007. other municipalities to give consistency across local Other jurisdictions already have some laws in place to governments. It is a sensible thing that we should have reflect that agreement. New South Wales, Queensland and South Australia have adopted similar models, and a consistent approach across all municipalities. some international jurisdictions have them as well. Currently there is a VEC review being undertaken. The last time there was a review of the City of Melbourne With those few remarks I wish the bill a speedy was in 2001 when the then Minister for Local passage. As I said in my opening remarks, I am not Government, Bob Cameron, indicated that a review comfortable stating which cases these laws should was in order. The review was subsequently undertaken, apply to; that will be for finer minds than mine. The and the recommendations of the Victorian Electoral silks will trot out the new evidence, and it will be tested Commission were implemented at that time. before a court of law. That is where the evidence should be tested, not on the floor of the Parliament of Victoria. This has been a hotly contested issue within the city of Melbourne, certainly in my time as minister. The Debate adjourned on motion of Mr SHAW Minister for Local Government is at the table, and both (Frankston). of us in our various capacities have received quite extensive representations in relation to a number of Debate adjourned until later this day. matters pertaining to the city of Melbourne and its structure, voting system and boundaries. There has been
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Wednesday, 23 November 2011 ASSEMBLY 5655 a vigorous public debate, conversation and advocacy The VEC has indicated that it is currently undertaking a from a range of interest groups seeking to put review of the election of councils at the request of the propositions to both the previous government and this minister. As I understand it from briefings I have government about amendments they have sought. received from the minister — and I thank her for the courtesy of a very good briefing by her officers — the One of the issues that has been of continuing concern to review is expected to be completed in March 2012. a number of residents in the city is the change to There will be a public information session shortly, a boundaries that annexed off parts of Flemington leading call for submissions, the release of a preliminary report up into Ascot Vale and what was called the area of early next year and a response to the report in late Travancore. That area was excised from the city of February. I think that is the proposed time line proposed Melbourne during the restructure and put into the city by the minister, with a subsequent public hearing and of Moonee Valley. At that point Kensington was also advocacy process attached to that. annexed off to the city of Moonee Valley. I should also indicate that Carlton and North Carlton were annexed I understand that there will be a final report going to the off to the city of Yarra. For a number of residents and minister, hopefully sometime at the end of March. resident groups this was a bitter blow because they felt Generally speaking, without being completely that their long association had always been looking specific — and the parliamentary secretary has inwards towards the city of Melbourne, the capital city, indicated affirmation — that is roughly the time line and the strong association that people had with the that the government will be following. It is timely that capital city. that is the case, and it will give the minister an opportunity to consider the recommendations of the When we were in government in some ways we sought VEC and obviously seek to get them implemented prior to address this issue through a review of the external to the council elections, which, as we know, have been boundaries, and in part that was addressed by bringing brought forward by about three weeks to the end of Kensington back in total to the city of Melbourne, October. As far as we are aware, that was a policy running the boundary just behind the shopping centre in position that the then opposition took to the electorate, Flemington to ensure that the whole strip shopping and it will be implementing that now in government. centre remained within one municipality. There was a very strong view among the traders that this was an The review will consider the question of the internal important thing to do because historically the boundary structure of the City of Melbourne and indeed the between the city of Melbourne and the city of Moonee number of councillors. This is a very important Valley ran straight through the middle of the question, because those of us who remember the history Kensington shopping centre, up Macaulay Road, which of the City of Melbourne will realise that it has had a made things very difficult from the point of view of variety of structures over its journey. Since its having a coordinated approach to how those very formation it has essentially based itself on a ward important strip shopping centres operated going structure; sometimes it has been individual wards and forward. sometimes it has been multimember wards. For a period there was an attempt to look at an alternative We all learnt from that, and when we changed the structure, which included both councillors elected at external boundaries of the city of Melbourne to large — that is, under the Senate-style system — and essentially include Kensington in toto back in the city councillors elected to wards. The jury is out a little bit of Melbourne, we made sure that the strip shopping on this. There are a range of contested arguments about centre remained within one government structure, and what is the right structure for the City of Melbourne in this circumstance it was that of the City of Moonee because at the end of the day it is the capital city. Valley. That was a good decision and one that I hope was a portent for any external boundary reviews that The great conundrum in this is that the City of the current government may seek to undertake in the Melbourne is quite unique because it is the capital city. future, although I do not presuppose that, because it is It is the economic powerhouse of this city. It is where important when we go about these processes that we huge investment occurs. It is where many of our major recognise that there are communities of interest in all educational institutions are — our research institutions our residential areas and that we value our strip and our hospitals. It is also a centre of art and culture. It shopping centres in particular as an important part of is important that we get a government structure that is our economic and social vitality, especially in the inner truly reflective of the extraordinarily broad range of city, which is the area where I have spent my entire life. interests that represent the city — whether it be the business interests, whether it be the interests of small business in the city, whether it be the interests of the
CITY OF MELBOURNE AMENDMENT BILL 2011
5656 ASSEMBLY Wednesday, 23 November 2011 large corporations in the city or whether it be the Melbourne are a bit removed and adhere more to the interests of the very vibrant resident groups in the Senate style of system of a portfolio approach and are municipality. To some extent this very interesting mix perhaps not as intimately connected to their wards as a of people and views adds to the vibrancy of the city, ward councillor would be. I suspect that will form the and that is a good thing. subject of some of the debate in relation to the particular positions people take. I think it is terrific that this review process is going to flush out a whole range of views about how the city Again, if we look back on the history of this, the wards, should be governed. Is it not a good thing that we have where we had the hybrid system of councillors elected a conversation, that we have a debate? I can assure the both by wards and at large, I would have to say that minister, and she would be well aware of this herself, history probably does not judge that as well as we that people have very passionate views about how their would have hoped. I think there was certainly a sense in capital city should be run. I simply encourage that to which the ward councillors felt that they were taking happen, because it is a terrific thing that people come the vast share of the load and that those councillors who forward, put their views, put them with vigour, put were elected at large really, because they did not have a them with commitment and put them with a real sense direct constituency they were dealing with on a of desire for the best governance outcome. That is what day-to-day basis, perhaps were not carrying enough of people are looking for. In my experience of the city the load. Whether there are ways in which the load people are very passionate about it, and so they should could be better distributed, perhaps through a more be, because that is a terrific thing. equitable arrangement for how portfolios and responsibilities are distributed within the council, is a In that context this bill does not interfere with the conversation that obviously the administration, the popular election of the mayor and deputy mayor at all. mayor and the councillors themselves will address once However, what the structure of the city council the structure has been resolved. electoral representation is going to look like — wards versus what is in effect the Senate style of election it The other question that is going to be interesting, and I has currently, which is that councillors are elected at touched upon it earlier, is depending on what the large — will have quite an impact in terms of how the structure is going to be, what will the ticketing voting system will operate. Some of us for our sins arrangements look like? Under the popularly elected have had to scrutineer the vote on a number of mayoral model, you essentially run a ticket of a occasions. I note that one of the minister’s expert mayoral candidate, a deputy mayoral candidate and officers is here with us today in the chamber supporting realistically probably a couple of candidates who hook her in this. I have had many a conversation with one of onto your ticket through the ward structure. Under a her officers in relation to the system of voting and what senate-style system, if the mayor and deputy get up, is the best approach to that. The scrutiny of the vote is which has been the case to date, you almost certainly an important part of the democratic process, and I have get at least your first candidate up under the ticket, and spent more hours on that than I probably want to think if you are going really well, you might get a second about. Nonetheless there will knock-on effects of the candidate up. new structure — whether it be a ward structure or an at-large Senate-style structure. I suspect it will have Under the current arrangements at Melbourne City some very significant outcomes in terms of the mayor, Council, when Cr Doyle was elected I recall that the the deputy mayor and the ticketing arrangements that mayor, deputy and the first two spots essentially got up may occur, particularly if a ward structure is ultimately off his ticket. Of the nine positions on the council, he the system that is adopted going forward. essentially guaranteed the stability of the council because he had four positions — — I would submit though, as I indicated earlier, that there is no real right answer to this. Certainly there is a very Mr McGuire — Backing him. strong view from residents that we ought to have ward councillors. There is no doubt about that. I suspect there Mr WYNNE — Backing him, exactly. There were would be almost a unanimous position of resident four positions. This is a potential vulnerability, and it is community groups that they want ward councillors, a question that the minister at the table and her staff will because there is this sense in which a ward councillor have to mull over, because one of the crucial aspects is represents the interests of a constituency. They stability. We do not want to find ourselves in a position represent the interests of their residents, and rightly or where a mayor and a deputy are elected and the wrongly there is a sense that the current structure is just structure throws up arrangements where there is no that bit removed, that the councillors at the City of
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Wednesday, 23 November 2011 ASSEMBLY 5657 consensus around the outcome. That is quite possible Mr WYNNE — My colleague says that nine is under any system. lucky for cats. If the council has a ward structure, you have to make sure that population-wise you do not have Mr Carbines — Watch out Geelong! overburdened wards. The Victorian Electoral Commission would ensure that votes are distributed Mr WYNNE — I will come to Geelong in a evenly. Councillors must not be overburdened, because moment. You may have a circumstance where the it is a significant job they undertake; they are not just mayor does not enjoy the support of the chamber, and councillors in their own right. In my time as Minister that is quite a tricky situation. It requires quite skilful for Local Government I did not meet one councillor — negotiation by the mayor of the day to make sure that and I met many hundreds of them, as the minister at the he or she is able to garner enough support to govern in a table has — who was not deeply committed to their stable way. Obviously you are not going to overturn the community. They work tirelessly for 20 to 25 hours a mayoralty or the deputy mayoralty; you cannot do that. week on this, and at Melbourne City Council people You do not want a situation where the city council work very long hours, in effect almost full-time, to dissolves into warring groups and so forth, and I have represent the interests of their community. I caution the to say that the circumstances over the last number of minister in relation to what the numbers might look like years have been of a stable council — one that has and urge that we reflect the particular stresses and essentially got on with the job. obligations that attend the work of capital city The intent of this Parliament would always be that councillors because I understand it is an onerous job, as whatever structure we put in place falls as much as it it is in all municipalities. possibly can within a broader democratic framework to I will finish my contribution in a moment. Before I do encourage strong participation from people to contest so, I indicate to the minister that her announcement that elections so that we have an outcome that ensures the we will have a popularly elected mayor at the Greater stability of the council and a relationship with this Geelong City Council means that there will be a place. It is about ensuring that the capital city and the structure at that council that is quite inconsistent with government of the day have a strong working that of the City of Melbourne. I seek some relationship. Of course there will be times when they understanding of why the minister did not go with the are going to disagree on issues, but it is different when Melbourne model — in effect a mayor and a deputy it comes to governance of the city; the quality of that mayor. I understand there has been quite a lot of relationship is different to that of other municipalities conversation in the community around the model of just simply because of the strategic importance of the a mayoral candidate, so I would be interested to hear capital city in its own right. I guess the structures are to what the rationale is for why the minister went down some extent somewhat imponderable because we do that track. Whatever the structure is at Greater not know at this stage what the outcome is going to Geelong — and we acknowledge that the election of a look like. mayor is a popular view, and I recognise that the The other issue is the number of councillors. There are minister will review that structure two years post the currently 9 councillors at Melbourne City Council. I election — we want to make sure that we do not find think the maximum number is 10 — the minister at the ourselves with the unintended but potential table might help me out — — consequence of instability. We will have further debate about the structure when that bill is introduced in the Mrs Powell — Twelve. future.
Mr WYNNE — Twelve is the maximum. Again, In conclusion, I indicate that the opposition does not what is the right figure? Who knows? In my time we oppose the bill. Not surprisingly I am pleased to speak were a council of 21 members. When I had the honour on this bill, not only because I am the shadow Minister of leading the Melbourne City Council it had its own for Local Government but also because I had the rare set of issues and interests. Twenty-one members is a honour of taking the highest office in local government big number to keep working in the right direction with, in this state, that being Lord Mayor of the city of and I am not advocating a number like that. It strikes Melbourne. That was a great time for me, and I very me that 9 members seems to be a pretty good much appreciated the fact that it is a unique role that number — one where they can work well together. few people are chosen for. It is a role of leadership in Again, you want to make sure — — which one is required to represent, as I said earlier, the broad interests of not only the residential community An honourable member interjected. but also the business community, the small business community and the trader groups. A number of the
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5658 ASSEMBLY Wednesday, 23 November 2011 projects we started at the time I was in office are now involving three-member wards until that was changed reaching their conclusion. The most important of those in 1996, when a completely new structure was was the closure of Swanston Street. introduced; that was at about the time of municipal restructuring. The 1996 council had nine members, five Like many things, victory has 1000 fathers and defeat is of whom were elected at large from the entire an orphan. There were 1000 fathers for the closure of municipal district and four of whom were elected from Swanston Street, but the history is that I closed single-member wards. We then went through another Swanston Street. That is the history of it. Mr Gifford up change, and the current arrangements were put in place there in the box knows that, and I am very proud of in 2001. I think that was the first time the Lord Mayor that. I am very proud that we closed Swanston Street had been directly elected by the voters. We now have and were able to turn the city around. It was a very seven councillors plus the mayor and the deputy mayor, tough time for the city. We made that symbolic and all of whom are elected from across the city. very practical gesture which said, ‘We are turning the city back to the people of Melbourne. We are going to Some time prior to the last election the coalition make this the major boulevard that it was always undertook to have a look at the legislation for the planned to be with that extraordinary access’. As you electoral structure of the city. Melbourne was quite look down Swanston Street from Victoria Street you different from everywhere else in the state in that the have that spectacular view to the Shrine of representational arrangements were legislated rather Remembrance. That is a view that you will only get than set by order in council and were therefore not here in Melbourne, and it is something that I am reviewed by the Victorian Electoral Commission immensely proud of. I acknowledge that the Lord (VEC). While we took the view that it was appropriate Mayor has put enormous resources into this project, and to set in legislation the direct election of the Lord Swanston Street will become a true pedestrian Mayor and deputy lord mayor, we also took the view boulevard of which we can be justifiably proud. that the internal structures should be subject to review. Why the structures are not subject to review is I am delighted to have risen to support this bill, and we something I have never gotten to the bottom of, but I wish it a speedy passage. have not researched it very hard, I have got to say; it is history after all. As I said, the current structure of the Mr MORRIS (Mornington) — As always, it is an city was put in place as policy in 2001, whereas the interesting exercise following the member for arrangements in terms of having the VEC conduct Richmond. I listened with interest to his contribution to representation reviews for the other councils across the the debate. When he described the city as quite unique, state did not occur until a couple of years later, and we I could not help thinking of the late Peter Evans, the are dealing with two separate acts, so perhaps it is as well-known curmudgeon of the radio airwaves in the simple an explanation as that. 1960s, 1970s and early 1980s, who said that something is not quite unique or almost unique; it is either unique The member for Richmond also raised the issue of or it is not. That tour down memory lane wards and whether this bill might see a return to the notwithstanding, I certainly agree with the sentiment establishment of wards. Of course it is up to the VEC expressed by the member for Richmond. The city what sort of recommendations it comes up with. When certainly is a unique place, and that is why we need this you look at what has happened across the rest of the specific piece of legislation. state, we have an enormous variety of structures — some single-councillor wards, some multiple-councillor The member for Richmond also made reference to the wards and other wards that are unsubdivided. I, for one, situation of Geelong. We will probably have that debate am not going to try to predict what might come out of in the next sitting week, but just on the observation that this, except that it will be a situation where the the structure proposed for Melbourne is likely to be independent umpire has the opportunity to have a look different to that which has been proposed for Geelong, at the structure in an entirely detached way. That is it is its uniqueness that means we need to do something probably an important point, because every other specific for the city of Melbourne rather than having the council in the state is reviewed by a body that is totally same set-up we have for the other councils around the independent of political direction. Obviously the state. minister has to sign off on the recommendations, but There have been quite a few electoral structures in the the recommendations are clear and public before they city of Melbourne since it was first established as a go to the minister. I understand that they have never town in 1842. It started with 12 councillors. It has had a been overturned by successive ministers since the variety of structures in the intervening years, quite often system was put in place. However, in taking this step, the Parliament is saying it thinks it needs to be
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Wednesday, 23 November 2011 ASSEMBLY 5659 independent of this process, and I think that can only be 7 councillors. It is about the electoral structure; it is a good thing. about the wards unsubdivided. This situation also retains the Senate style for the City of Melbourne if the I spoke about electoral representation reviews, which wards remain unsubdivided. I commend the bill to the are reviews of the electoral structure of councils. The house. reviews consider how many councillors should be in a municipality and what sort of electoral structure is The ACTING SPEAKER (Mr Northe) — Order! suitable — whether a council should be unsubdivided, The member’s time has expired. have wards or some combination of wards, and if there are to be wards, the reviews will determine where those Mr FOLEY (Albert Park) — It is with great boundaries should be. As I indicated, until 2003, pleasure that I rise to speak on the City of Melbourne councils conducted their own electoral representation Amendment Bill 2011. I suspect my contribution is reviews, and now the reviews are conducted by the going to go longer than the minister’s second-reading Victorian Electoral Commission. As I said, the City of speech on this proposition — and a fine second-reading Melbourne has been excluded from that process thus speech it was. Before I begin, I commend the member far. for Mornington for holding the member for Richmond to account, because there are those of us who have been In the wider government field the reviews are trying to do that for years with no success whatsoever. I undertaken for each council after every third general am very glad the member for Mornington is attuned to election at least, but they can be undertaken earlier if these issues. required, and obviously if you have a rapidly growing municipality where the capacity is there for the wards I rise in the context of being the member for Albert to get out of balance very quickly, then that needs to be Park, which takes in a part of the City of Melbourne. It dealt with. There is a statutory process. The is the forgotten part of the City of Melbourne, bounded commissioner gives public notice. People are invited to as it is by the river, the St Kilda Road area and the make their preliminary submissions. A preliminary freeway all the way down to Webb Dock. This is an report is produced, and that is subject to further area of the City of Melbourne that essentially contains discussion. Often people are invited to submit directly Southbank, with a little bit of Docklands and to the commissioner, Mr Tully. Further submissions are Fishermans Bend. This came about through the sought, and then a final report is submitted to the arrangements that the Kennett government put in place minister. As with the many other things that the VEC in the 1990s, when this area was excised from the then does, there are often other publications designed to City of South Melbourne. Because of that history, the improve the process that are produced as well. various machinations of the differences of boundaries and the administrations in the city since that time have The VEC is currently undertaking a review of the been marked by the consistent application of one election of councillors at the City of Melbourne. The principle — that being that Southbank is generally legislation to enable that has passed, but unless the always forgotten in terms of how the City of Melbourne process is changed to enable the outcomes to be goes about its business — and successive governments, implemented by order in council, then it is unlikely that through the concentration of planning powers in the any changes that might be recommended by the VEC Minister for Planning’s office, have contributed ever so would be able to be brought into operation prior to the greatly to that. elections in October 2012. Just to put the dates on the record, the public information sessions began in early Having said that, the Southbank area is growing November — this month. The preliminary public rapidly. The City of Melbourne’s Southbank Structure submissions are due by 24 November, so that is very Plan 2010 states that there are approximately 12 000 shortly. A preliminary report is due in January 2012. people residing in the Southbank area. That is proposed Submissions in response to the report are due on to rise to over 40 000 in the years ahead, with residents 23 February. A public hearing is to be held on living disproportionately in high-density, high-rise 29 February, and then a final report with dwellings. That is before we take into account the recommendations will be produced on 21 March. current government’s expansion plans through Places Victoria — an odd name; what was the cabinet Once those recommendations are made to the minister, thinking? — for the Fishermans Bend precinct, which, they are then implemented by the device of an order in while mostly in the City of Port Phillip, also includes council in exactly the same way as happens for other some areas of the City of Melbourne, as it appears in councils. Just to recap, the number of councillors must the projected plans released to the media. be at least 3 and not more than 10. Currently there are
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When we look at the City of Melbourne within its review occurred at the City of Melbourne. This bill current boundaries, we realise that the area of fixes that situation, which is quite unusual. In fact there Southbank, along with other areas around North are a few unusual situations around the City of Melbourne, the rail areas and Docklands, is going to be Melbourne Act 2001 that will be fixed. subject to substantial population growth. In that context, as the member for Richmond pointed out, I will give a bit of history about the City of Melbourne. community groups such as the Southbank Residents It was formed in 1842 as the Town of Melbourne. It Group have consistently made their position clear on originally had 12 councillors and four three-member the electoral arrangements of the City of Melbourne. wards. That structure largely stayed in place until 1996, Members of the Southbank Residents Group are when the City of Melbourne was restructured. The supporters of a ward-based approach essentially for the council was then reduced to nine members, with five reason that they sees themselves as the forgotten councillors elected at large and four from cousins in the City of Melbourne. single-member wards, so there was a mixture of at-large and ward-based councillors. The present Having said that, I make no judgement as to what the structure was put in place in 2001. Now the Lord appropriate ward arrangement is or indeed what the Mayor and deputy lord mayor are elected at large by appropriate council arrangement is. As the minister the entire voting population of the city of Melbourne, pointed out in her second-reading speech, this will be and seven ordinary councillors are also elected at large. the subject of a review. The electoral representation review of the City of Melbourne will commence early Previously there was no ability for an electoral in the new year, as I understand it — or perhaps before. representation review to take place at the City of Essentially it will be in place for the cycle of elections Melbourne. Earlier this year the Local Government in 2012, which will reflect whatever those outcomes Amendment (Electoral Matters) Bill 2011 was passed from the Victorian Electoral Commission and the by the Parliament and facilitated this review taking review, in discussions with the City of Melbourne and place. It is a good approach and brings the City of the minister, might well bring to pass. Melbourne into line with other councils. At all other councils electoral representation reviews take place, so In that regard, it is very important not only that this bill it is a simple and common-sense approach to say, ‘Why proceed and make its way through this house and the should the City of Melbourne be any different?’. It other place but also that the opinions and views of those should have the same electoral review as any other who live and work in the city be taken into account. In council in Victoria. particular I urge the minister at the table to ensure that the views of Southbank residents are taken into account Since 2003 the reviews have been undertaken by the in that process. I know in its forthcoming annual Victorian Electoral Commission. Before 2003 councils general meeting the Southbank Residents Group is conducted their own reviews. It is a much better system making this a particularly important item for its activity now in which an independent body at the Victorian in the coming year. Electoral Commission undertakes the reviews. When the VEC conducts such a review, it looks at how many It is quite timely that this bill proceed. It is quite timely councillors and what electoral structures are appropriate that the matters regarding voting arrangements for for the municipality — whether there should be above-the-line voting and the arrangements for the councillors at large, multimember wards, direct election of the mayor will not be tampered with. single-member wards or perhaps a mixture. If there are It is nonetheless a significant bill for the governance of wards, the review looks at where the boundaries are the City of Melbourne in terms of setting up an located. This is particularly pertinent to the city of appropriate process to put in place arrangements for the Melbourne, which has experienced huge growth in City of Melbourne. I wish the bill a speedy passage. Southbank and other areas. If a ward structure is recommended, there will have to be careful Mr KATOS (South Barwon) — It gives me great consideration of the boundaries. pleasure to rise in support of the City of Melbourne Amendment Bill 2011. The bill allows The reviews take place every three election cycles, so recommendations made following an electoral roughly every 12 years, which is something the City of representation review to be implemented by the Melbourne requested. It was looking to have a review Minister for Local Government by order in council. If done, and I commend the Minister for Local this were not the case and the minister were not able to Government, who is at the table, who listened to the use the order-in-council process, we would need to pass City of Melbourne. I also commend the Parliamentary specific legislation each time an electoral representation Secretary for Local Government and even the
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Parliamentary Secretary for Primary Industries, who are There is a historical aspect in relation to the City of also at the table. It is good to have them all at the table. Melbourne in particular. We have found that sometimes A review was requested by the City of Melbourne, and it has been the plaything of governments of the day, as it is common-sense stuff. Why should one council not all local governments are. Those of us who served as have a review of its electoral structure done while the local government councillors would know the other 78 councils in Victoria do? It did not make sense; frustration sometimes of not being recognised in the it was an anomaly of the City of Melbourne Act 2001. constitution or being created out of an act of local It is good that the bill amends and fixes the situation. government, which means we are sometimes subject to the will of the government of the day. But while these A process is followed in which public notice of the things might occupy our attention and they might review is given and people are invited to make occupy the attention of legislators and local government preliminary submissions. Then the VEC prepares a councillors, the people who are the ratepayers go about preliminary report, which includes recommendations their business and probably do not think too much on a and also alternative options. After the preliminary day-to-day basis about the structures of local options are put out, additional submissions may be government. They probably mostly think about rates, received. There is usually a public hearing, and then a roads and rubbish, how much they are paying for those final report is brought down. When I was a councillor at services and whether they are getting a benefit from the City of Greater Geelong a review was done before their local council for those services that are provided. the 2008 election, and the preliminary report recommended multicouncillor wards. In that situation What I do know as a former Banyule city councillor is the preliminary report was changed. It recommended that ratepayers were always very pleased with the multicouncillor wards as the preferred option, but it services they received from us but they were always ended up retaining 12 single-councillor wards, which very quick to make sure that it was known just how was the outcome all were seeking. important it was that we focused on the services of the day — which were, at the time, rates, roads and The review taking place at the City of Melbourne is rubbish — and on providing good governance. These looking only at the ordinary councillors; there will be are the things that people looked for; it was about no change to the manner in which the Lord Mayor and services and it was about leadership. deputy lord mayor are elected. The bill will enable the recommendations of the VEC to be implemented by What I have noticed in particular in relation to some of order in council. For example, there will be at least 3 the changes that are being suggested here is that the and not more than 10 ordinary councillors, which Victorian Electoral Commission will determine the together with the Lord Mayor and deputy lord mayor boundary reviews. While those matters will not directly means there will be between 5 and 12 councillors, be looked at, the commission will be looking at the which is stipulated in the Local Government Act 1989. number of councillors and whether wards are Whether councillors are elected to represent wards or appropriate or at-large councillors. I know from my the municipal district will be fleshed out during the time living in Geelong, and working for the member for review. It is a welcome process, as the council will now Geelong, and as a journalist at the Geelong Advertiser be in line with the other municipalities in the state. I that there was a lot of debate in the community about commend the bill to the house. the role of ward councillors and the role of at-large councillors. There was perhaps a view, maybe Sitting suspended 6.30 p.m. until 8.02 p.m. anecdotal, that at-large councillors were not as accountable in representing a whole city when there Mr CARBINES (Ivanhoe) — I am pleased to rise were others who might have represented 30 000 or to make a contribution to debate on the City of 40 000 or 10 000 — in Geelong there were about Melbourne Amendment Bill 2011, and I would like to 45 000 ratepayers — as ward councillors. Ward draw particularly on a couple of the key aspects of this councillors were busy people because local residents bill. We note that this bill is about bringing the City of saw them as the people who responded to and were Melbourne into line with the other 78 local government accountable to them for the services that were provided, authorities here in Victoria in relation to the way in whereas at-large councillors were perhaps, dare I say it, which councillor numbers are determined, and it will a bit like senators, a bit like the members of another also look at matters relating to whether the city should place, who maybe had a little bit more latitude in their be divided into wards or councillors at large and those accountability to individual constituents. sorts of matters. That is something that the electoral commission will need to consider — making sure that people in the
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5662 ASSEMBLY Wednesday, 23 November 2011 community have confidence in their local are not only interested in the boundaries. While with representative. It is also about having an understanding this bill there is no consideration of any tinkering with of who to go to for assistance and support. I think most the boundaries of the City of Melbourne by this members of this chamber would know through their Parliament, it is something that is dear to the hearts of electorate offices that we are all very much accountable Melbourne residents. They are strong advocates, and in to those people who, whatever the democratic process the past have shown that they have been keen to make is, understand enough to know who their local member submissions and have a say in how they are is and who they are voting for. Sometimes with those represented. at-large processes — those processes that are of ward councillors or local Assembly members of Back in 2007 over 500 submissions were received by Parliament — it makes it a little bit harder to find those the panel that reviewed the Kensington boundaries that associations, those links and those accountabilities. were instituted by the Kennett government. At the time that boundary ran up Macaulay Road, splitting a pretty I am sure the electoral commission will consider very significant shopping strip between the city of Moonee carefully the sort of structure that is important for the Valley and the city of Melbourne. That created a lot of City of Melbourne. Naturally people living in the city difficulties for the local community. They expressed of Melbourne are a little bit fatigued and may have those views through the strong advocacy of the member some trepidation about what sort of processes are going for Melbourne at the time, and through that process to develop out of this bill and the consultations the there was an opportunity to make changes to the review electoral commission will pursue, because the City of of the Melbourne City Council boundaries. Those Melbourne has a history, particularly in more recent boundaries that were considered were around years when I have been involved with it, of trying to Smithfield Road and the Maribyrnong River in the alter its boundaries in discussions about its west, Racecourse and Flemington roads to the north, representation. While I acknowledge that this bill does Melrose Street to the east, and to the south Macaulay not go to the issues of boundary changes, it will go to Road, Moonee Ponds Creek and the Williamstown and the composition of the council’s representation and how Werribee railway line. it is elected — that is, via wards or potentially under different circumstances. I know through working with I mentioned that there were 500 submissions. That the member for Melbourne that the important work she indicates that a lot of people in the city of Melbourne did back in 2006–07 advocating to allow her residents have a strong interest in where they are represented, to have a say on boundary changes very much fed into who they are represented by — which city council or the high level of interest that people in the city of particular councillors — and the system under which Melbourne have in not only their level of representation they are elected. A number of changes were made in but also how they are represented by the local December 2007. In dealing with a lot of those councillors, whether they live in the city of Melbourne communities and working with the member for or the city of Moonee Valley. Melbourne and meeting a lot of those Kensington residents groups and Carlton residents groups, I refer back to a couple of examples. Back in July 2007, including the Kensington Association and many others, when we saw the Docklands come back into the I saw firsthand that they had a particular interest in precinct of the City of Melbourne rather than being these matters. They felt strongly that there needed to be under the Docklands Authority, the residents of reunification around some of the areas of the City of Docklands were able to vote in local government Melbourne. Maybe they were not too happy with the elections. We have seen one particularly significant rates they were paying compared with those in the City change to the way in which the City of Melbourne of Moonee Valley, but that is another matter. operates today — some $200 million worth of assets and many residents moved from being part of the I point out that this bill will give people in the City of Docklands Authority to being represented by the City Melbourne the opportunity to make contributions to the of Melbourne. electoral commission as to how they want their representation to be continued in the future. I suspect In July 2007 we also saw the member for Richmond, in there will be an opportunity for them to make his role as local government minister at the time, pursue submissions, as we have seen in the past, in relation to the new panel to review the Kensington boundaries. whether they want ward councillors or whether they That goes to some of the issues that Melbourne want councillors at large or a broader representation. residents were keenly listening to — aspects that relate These are the sorts of matters that I feel I have made a to this bill’s consideration — because they are contribution on and which could be considered around interested in democracy in the City of Melbourne and the experiences I have had.
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At the time I was in Geelong we had community As I said, that is consistent with what happens in other debates and public meetings about councillors at large municipalities. and ward councillors. While I was living there we eventually moved back to a system of having 12 ward The reason that is important is that, as we know, with councillors. You had 15 000 or 20 000 residents in your legislation that comes before the house often greater ward, and you were accountable to those people. They time is involved, whether it is in terms of drafting, elected you, or if they did not, they knew you were their stakeholder consultation or other aspects. This bill will representative. You were who they dealt with, rather amend the act to ensure that orders in council can make than the previous system whereby there were four ward amendments to the constitution of the City of councillors — if you can believe that, in a place as large Melbourne and other minor amendments. That is as the City of Greater Geelong — who had about appropriate, because it will not only speed up the time 45 000 ratepayers in their ward, and there was a large frame but also bring the council into line with other number of councillors at large who perhaps did not local councils. That is important, because the current have that same level of day-to-day accountability that electoral arrangements set out in legislation have been the ward councillors had. They were then expected to operating since 2001, and there has not been a review try to manage community issues and the day-to-day of those arrangements since that time. concerns people had. These are the sorts of issues that I think people in the City of Melbourne — when they I do not intend to speak on the matters that the VEC have the opportunity, I hope, to make submissions will need to engage in — that is, the number of through the electoral commission on potential changes councillors and the council structure — but I want to to representation in the City of Melbourne — will want focus most of my contribution on the fact that when the to give consideration to. VEC has undertaken that process and when considered decisions have been made, the government of the day When I was a City of Banyule councillor we went should be able to act on and implement those decisions through these processes with the electoral commission. in an effective manner, consistent with other councils, It handled them very well. They provided great rather than necessarily having to go through legislation. opportunities for local residents to have their say, and That is appropriate. Although local government in they reflected the local community’s views in Victoria is overseen significantly by the state maintaining seven councillors in the City of Banyule. governments — and that is appropriate, given the That is perhaps an anomaly these days. There are not a history of local government and given its standing in lot of councils who have only seven elected the constitution — there is also an important balance to representatives; usually they are up to about nine or be maintained, which can best be achieved by the VEC more. undertaking its role and the recommendations being implemented through orders in council, which is an I commend these changes. It is important that we move important aspect of that. away from the City of Melbourne being a plaything of governments of the day in this place and that there be I note that quite a bit of work has been done by the more opportunity for local residents, through the Minister for Local Government and the Parliamentary electoral commission, to have their say on their future. I Secretary for Local Government, and many have had commend the bill to the house. the opportunity to make a contribution to that. That is a welcome initiative, and it really does shape the local Mr GIDLEY (Mount Waverley) — I rise this government reform agenda of this government, which evening to make a contribution to the debate on the is well considered, inclusive and gives people an City of Melbourne Amendment Bill 2011. What I opportunity to have their say. No doubt that is intend to cover this evening are not only some technical something that will continue to evolve over the term of aspects and the aims and objectives of the bill but also this government and the government that is elected on how it relates to the role of a good capital city council. 29 November 2014. This bill seeks to bring the City of Melbourne into line with other municipalities. It does that in a couple of There are some aspects that are not up for consideration ways. Firstly, it ensures that when the Victorian under this bill. They include the fact that the roles of Electoral Commission (VEC) undertakes a review of Lord Mayor and the deputy lord mayor will not be the electorate, the wards or other aspects of that looked at as a result of the VEC undertaking its review. particular council, rather than the Parliament having to It will also not look at, as it has been put to me, the legislate to implement those recommendations, the external boundaries of the council and that sort of thing. Governor in Council will be able to implement them. The bill touches on elements of the City of Melbourne and elements of the way in which the government of
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Victoria implements the VEC’s recommendations, but I even cast my mind back prior to the acceptance of a it still leaves quite a few of the other aspects intact, capital city policy, in many ways, under the former which is appropriate. I am sure the VEC, having Liberal-Nationals coalition government — the reached a well-considered position with submissions bluestone on the streets, which was a hallmark of the having been received, will take all of those things into renaissance of Melbourne coming out of those dark account, which is important. years of the Cain-Kirner history; the streetscapes; the Agenda 21 projects; the removal of debt arrangements I understand that the effect of the legislation which will for the City of Melbourne; the Marriner projects to go through this house is that when somebody, such as a rejuvenate that magnificent theatre, the Regent; and the candidate, wishes to nominate and lodge certain magnificent agenda of the former Liberal-Nationals documents there will be some changes in the time coalition government, which really took the sign frames, with deadlines being changed from 4.00 p.m. to ‘Closed for business’ out and rejuvenated our city. As I 12 noon. You might ask yourself why that is important. said, it did not matter whether it was Agenda 21 It is important because it brings the City of Melbourne projects or the open days. We might take for granted into line with lodgement times for other council that we have open days in the city of Melbourne and elections, which I note are usually at 12 noon. I know think that that has always been the case — it has not. that is the case for the City of Monash, which is in the We know that those open days for grand places, area I represent, and most other councils. It is another whether they be the State Library of Victoria, example of a well-considered, sensible amendment to Government House or other cultural precincts, were this act, which is very much the hallmark of this instituted by the former Liberal-Nationals coalition government. government.
The nature of a capital city council is that it is about I read this bill as building on the success of the great more than simply services. Through contributions in the days of the former Liberal-Nationals coalition chamber tonight we have had discussions on the role of government, which recognised the role of a capital city the City of Melbourne in the past and its role in the policy in promoting Melbourne and promoting future. In my view it goes without saying that the role Victoria. This bill goes the next step in ensuring that of a capital city council, which is retained in this bill, is that capital city policy remains so as to ensure that we more than just providing services to its residents. That do not go back to those dark days of Cain and Kirner or is important — there is no doubt about that — but as a the previous Labor government. This provides a capital city council the City of Melbourne has an welcome mechanism to ensure that the VEC is able to important role to play in promoting our capital city and act in a consistent way, that our government recognises our state. our capital city policy and that we do not return to those dark days, which we have not forgotten and the people We have been fortunate in recent times that we have of Victoria have not forgotten. I commend the bill to had a fairly well run and stable Melbourne City the house. Council, but it has not always been that way. If you look at times gone by, before Victoria acknowledged Mr MADDEN (Essendon) — I rise to speak on the the role of a capital city council, things were not so City of Melbourne Amendment Bill 2011. As we have rosy. I cast my thoughts back to the early 1990s as a already mentioned, we are not opposing the bill. There very good example. You looked around Melbourne and are obviously a number of technical amendments that there were no Agenda 21 projects in the very early basically bring the City of Melbourne in line with a 1990s — 1990 and 1991. Melbourne and the City of number of other municipalities. This is not to talk Melbourne were really closed. There were no broadly about the boundary issues in relation to where Agenda 21 projects and no projects that talked about the city of Moonee Valley sits alongside the city of the cultural renaissance, if you like. There was no Melbourne, but it is certainly worth considering that the Melbourne Museum. There was no restoration of the city of Melbourne, being a capital city — which has Royal Exhibition Building and no Immigration already been mentioned by members on the other side Museum, and the removal of the Gas and Fuel of the chamber — means that it has a few anomalies in Corporation towers had yet to occur. There were none terms of the surrounding suburbs. It takes in a number of those iconic projects that shaped the city of of suburbs that in a sense, while having a degree of Melbourne in the early to mid-1990s — projects which proximity geographically, may not have similarities. If were consistent with the role of a capital city council you look at the city of Moonee Valley, you see it that provided more than just goods and services to its basically sits between Moonee Ponds Creek and the residents. That just did not exist prior to that time. Maribyrnong River and predominantly goes out to a bit beyond — —
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An honourable member interjected. showgrounds — and this tends to work reasonably well in terms of the events at those locations and their Mr MADDEN — Yes, absolutely. It goes out a bit impact on the local community — many people in the towards Niddrie there, and in terms of its proximity to local community have mentioned to me that they the city and its boundary with the city of Melbourne, it believe at some point in the future Flemington finishes in or around Ascot Vale. In a sense Melbourne Racecourse and the showgrounds would be of more use is a radial city. The greater Melbourne area is radial, if they were located in the city of Moonee Valley rather based not only on a river system but on the road system than the city of Melbourne. I do not have a view one and the public transport network. way or the other, but I recognise the issues that have been raised by those community members who have An honourable member interjected. pointed this out to me.
Mr MADDEN — I am happy to tell the minister on In addition the geographical boundaries formed by the other side of the table more about the water systems Moonee Ponds Creek and the Maribyrnong River mean in and around my electorate if he has the time. The that residents of parts of Ascot Vale, Flemington and point I am making is that basically some of the Kensington probably have more in common with geographic elements of the radial city — not only the residents of the Moonee Valley corridor than they do road system and the public transport system but also the with residents of the city of Melbourne, who live in waterways — determine very much the form of where Southbank, Jolimont, South Yarra, Carlton or Parkville. municipalities are. What we have with the city of That is because they share a locality, services and Melbourne are a few anomalies in relation to that, and transport networks. we have already heard the member for Ivanhoe talk about some of those issues in the Whilst I am not advocating this change on this Flemington-Kensington area and about those issues that occasion, I am sharing with the chamber some of the have been discussed in terms of the boundaries at views that have been put to me by the local community. previous points in history. As a good local representative for the seat of Essendon I am representing some of those views tonight. I do not What we have are corridors in and around Melbourne. necessarily endorse them strongly, but I recognise there While they may not necessarily reflect the is legitimacy in some of those views. In particular if municipalities that sit within them, these corridors tend you take into account the fact that the people who live to reflect shared services. The city of Moonee Valley in the areas at the intersection or dovetailing of these shares some services with sections of the city of two municipalities share many services, it might be Melbourne relating to the Ascot Vale, Flemington and worth giving that consideration in the future. Kensington areas. They share services like the part of the rail network that runs along the Craigieburn line and An honourable member interjected. tram routes 57 and 59, which basically run along Flemington Road in one form or another. They also Mr MADDEN — What this bill does — and I am share health services like Doutta Galla Community coming in from a long run-up — is give the opportunity Health. Many of those shared services operate in a for wards or multimember wards in one shape or form. particular corridor based on geographical boundaries. That might give greater representation to some urban areas like Ascot Vale, Flemington and Kensington, In this case the geographical boundaries around the city which share services in one form or another with of Moonee Valley are the Maribyrnong River and the neighbouring suburbs in the city of Moonee Valley. It Moonee Ponds Creek, but there are some anomalies. As might provide more acute local representation for those you get closer towards the central area — — neighbourhoods in some of these areas.
An honourable member interjected. I look forward to seeing what the Victorian Electoral Commission says in terms of its electoral representation Mr MADDEN — I am coming in from a long review of the City of Melbourne, and I look forward to run-up here, and I am happy to get to the point. The it making recommendations to the minister. I hope that, issue is that we have some anomalies. Those anomalies whatever recommendations the VEC might make, we are the Flemington Racecourse and the Melbourne will see an opportunity for communities of residents in showgrounds. They sit within the city of Melbourne, the areas of Ascot Vale, Flemington and Kensington to but residents of the city of Moonee Valley are the ones have some of their issues reflected. I expect that some who are predominantly affected by the events at those of these issues will be very similar to the issues of locations. Whilst the planning minister of the day has control of Flemington Racecourse and the Melbourne
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5666 ASSEMBLY Wednesday, 23 November 2011 residents of not only the seat of Essendon but also the do not need to have a car; so Melbourne City Council city of Moonee Valley. has different needs from many other councils.
Whether it be ward structures, if they arise out of the One amendment made by the bill follows the Local review of Melbourne, or even electoral boundaries, in Government Amendment (Electoral Matters) Bill 2011, relation to a VEC review at not only local government which received royal assent in September. That act but state government level, I look forward to seeing provides for the general council election date to be those corridor elements being taken into consideration moved to October. It gives Melbourne City Council in one form or another in future. I think that the shared voters the same entitlements relating to electoral services, whether they be transport, roads, health care or reviews as other voters have. This bill allows even the river systems, and the common elements and recommendations from an electoral review of the City beliefs should be reflected in representation, whether it of Melbourne to be implemented. With Melbourne City be in multimember wards or state electorates, so that Council agreement, the government has requested that they are manifest in representation of like-minded the Victorian Electoral Commission undertake an communities, not disparate suburbs that are around the electoral review prior to the October 2012 council fringe of the city of Melbourne. elections.
An honourable member interjected. The bill enables the recommendations of the electoral representation reviews of the City of Melbourne to be Mr MADDEN — What I am saying, for the benefit implemented by orders in council. The bill also allows of the Minister for Water, who obviously has not been for a variation in the number of councillors who can listening very closely to this debate, is that I look make up the Melbourne City Council and for a change forward to the VEC at some stage in the future making in whether councillors are elected to single wards or as recommendations which suit not only those in the seat councillors at large. There is going to be more choice of Essendon but also those in the city of Moonee and more say for the council to put forward its views. Valley, particularly those in that corridor that runs Wards may or may not represent a better option as the between the Maribyrnong River and the Moonee Ponds city of Melbourne changes, particularly with the growth Creek. I anticipate that those recommendations will at Docklands and the addition to Kensington. The city reflect not only a good outcome for the city of of Melbourne is changing, but that will not change the Melbourne but also a good and like outcome for the arrangements for the election of the Lord Mayor or city of Moonee Valley. deputy lord mayor, who will still be elected separately. The number of councillors, excluding the Lord Mayor Ms WREFORD (Mordialloc) — I rise to speak in and the deputy lord mayor, is to be not less than 3 and support of the City of Melbourne Amendment Bill not more than 10. Once again it will depend on what 2011. Melbourne City Council has seen many electoral the review recommends as to what will happen in the structures since it was first established in 1842. In that end. The bill allows above-the-line voting to continue year 12 councillors were elected to represent four wards as an option for Melbourne only. of three members. Since that time the City of Melbourne has undergone many changes. For most of An honourable member interjected. its history council was structured with three-member wards. That changed in 1996 and again in 2001, when Ms WREFORD — Depending on the structure, that the current structure arrangements were put in place. I is right. The bill provides for either the grouping of have been a councillor and a mayor. candidates and above-the-line voting to apply to the election of councillors or for it not to apply. However, Mr Wynne — We know. this bill will continue to allow the City of Melbourne to be the only municipality that has the option of Ms WREFORD — I am glad you remember. I have above-the-line ticket voting, which may or may not been through the electoral changes that come with those happen depending on what is decided. The bill also jobs. The City of Melbourne has a number of alters the time of day by which candidates must deliver anomalies, because it is unique. Because it is our capital requests to the returning officer for their names to be city, Melbourne needs a different city structure. It has grouped on the ballot paper from 4.00 p.m. until noon. the biggest budget of any local government council, This bill will enable the recommendations of the being more than $350 million per annum, which is Victorian Electoral Commission, following the huge by any standard. It has high-density living, and electoral representation review, to be implemented by many people who live in the city do not have a car — I order in council, as is done at other councils. Orders in know many people who live and work in the city and council can apply specifically to, as I said before, the
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Wednesday, 23 November 2011 ASSEMBLY 5667 number of ordinary councillors, which will be between mayors in the future. I am a supporter of that. As has 3 and 10, whether the councillors be elected to been proved by the City of Melbourne, from a represent wards or whether they represent the whole governance point of view it is a good outcome. The municipal district. The location of ward boundaries ability to be a mayor for the full term, and now for a may change, if required, whether or not the fixed four-year term, allows for certainty. It has given Senate-style, above-the-line voting system is used. members of the community the opportunity to determine who they want the leaders of the council to In summary, this bill will allow for electoral reviews of be and to then choose who they want to elect to the Melbourne City Council similar to those done at other other important role of local councillors. municipalities and a fairer representation of Docklands and the changing inner suburbs. I commend the bill to Mayoral elections are of course an ongoing tension in the house. many municipalities. We are going through mayoral elections at the moment in some municipalities, and it is Mr PANDAZOPOULOS (Dandenong) — It is a probably fair to say that many arguments and many pleasure to speak in the debate on the City of negative effects occur as part of the negotiations and Melbourne Amendment Bill 2011. Those of us who are behind-the-scenes moves around the election of former councillors and mayors — I am not sure how mayors. That has clearly disappeared with direct many of us were on the Municipal Association of election. Whether we like the mayor or not, at the end Victoria executive — take an interest in the important of the day the public voted for them and gave them four role of local government, particularly of capital city years. That gives the mayor authority among the councils. This is an enabling bill as part of the Victorian officers of the council, authority in the community Electoral Commission review, which is appropriate in among the residents and businesspeople, and authority order to get smooth and thorough implementation of as an individual who represents our capital city as Lord whatever recommendation outcomes there might be. Mayor in all the institutions of a capital city. We should The reason we have a separate City of Melbourne bill is be looking at extending this type of model as part of our because of the important role the City of Melbourne local government reforms. plays in the development of our capital and also in terms of its reputation. Capital cities have a different role because of the nature of the residents and businesses they have in their As a capital city centre Melbourne has a growing communities. Australia is behind the mark compared residential population, but the majority of the with many other capital cities in the world in that we population are visitors to the city, whether they are give voting rights to non-residents if they are property from the outer suburbs, country Victoria or other parts owners but we do not give voting rights to of Australia. Indeed many are tourists from overseas non-residents who have been living here for a long and many who choose to live in Melbourne are not period of time, whether they are international students Australian citizens. The make-up of the council is or businesspeople who have been seconded here. It is a therefore very important in that it has multiple debate we need to have. The reality is that all these stakeholders, including the business operators in the people are taxpayers, and I strongly believe in the city — and some of those businesses are owned by principle of no taxation without representation. individuals who live overseas and who also have voting rights. It is a unique system. I know for some in the In the UK if you are an Australian working in London community the issue of business voting rights versus who has lived there for more than three years, you have residential voting rights is controversial. That will be a the right to vote in your council elections, because you continuing issue. As the population of the City of are a local resident and therefore you should have a say. Melbourne grows now that Docklands has been Something like this would be beneficial to incorporated and additional high-density living occurs, strengthening the reputation of the capital city council, something that might be discussed further in the future because we have many thousands of potential voters is a different balance between the voting rights of the who are not voting and who believe they might have resident population versus the business owners. rights as citizens of a municipal area. It could strengthen the governance of the municipality. The The changes do not affect the way that the Lord Mayor extra inclusion could also ensure that people who and the deputy lord mayor are elected. It is important to choose to live in Melbourne but are not Australian recognise that since the direct election of the mayor of citizens have a sense of ownership of the city through the City of Melbourne was established we have had a having a say in the city’s governance. very stable capital city council. I know there is ongoing talk by the government about the direct election of
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Being one of the big university cities in the world have distinct roles and identities. Sometimes there are Melbourne has a great reputation with many different constituencies, but you still need to be able to international students, but one of the marketing work together. strengths we could have, apart from the quality and accessibility of both public and private tertiary I commend the bill to the house. We will look to the education, is giving these students, as long as they are Victorian Electoral Commission’s review and see what adults, extra rights to have a say in their city. I am we can learn from that which may be applicable to throwing up this idea because other cities do it. We other municipalities. debate giving ourselves a competitive advantage in the international student market, where we have been Mr BURGESS (Hastings) — It is a great pleasure affected by the high Aussie dollar, the visa crackdown to rise to speak on the City of Melbourne Amendment and, unfortunately, the Indian student issue. We need to Bill 2011. The provisions of this bill will allow for the rebuild our reputation. This is one good way to rebuild recommendations of an electoral representation review our reputation because every overseas student and to be implemented by orders in council, if necessary, in every person who is seconded to work from here for an the same way as for other councils. Orders in council overseas company is paying tax in the Australian tax will also be able to specify the number of councillors to system and should be able to have a say. be elected, whether the councillors will be elected at large or to represent wards and also the location of ward I have been fortunate to work with the City of boundaries, if required. Melbourne administration over a number of years. I think we have a great city. The electoral result last time There will, however, continue to be a significant was that no-one had the clear numbers. The political difference between Melbourne City Council and other leadership likes to have clear numbers, but the numbers councils. The councillors at the moment are elected are very fluid in the city of Melbourne. In hindsight, through an above-the-line voting system. That system that probably was not a bad outcome, and the voters will continue to be an option for the City of Melbourne probably did get that election right. Melbourne but will not be available to other councils. In addition to continues to evolve as an international city. other matters, orders in council will be able to specify whether or not above-the-line voting is used. The bill Members of the business community value their voting will also make minor amendments to the City of rights. It is important that they be formally recognised Melbourne Act 2001 to change from 4.00 p.m. to in an act of Parliament for the significant role they play 12 noon the time by which candidates must lodge as investors and employers in the city. This adds to the particular electoral documents on relevant days. This attraction of investment in Melbourne and to the change is part of a process to bring City of Melbourne business community’s commitment to a strong, election processes into line with other council elections. functioning CBD area of Melbourne, which is growing very quickly. I have an apartment in the member for It is very important, Acting Speaker, and I know you Albert Park’s electorate but in the city of Melbourne, would agree with me, that we protect the independence, just behind — as we will still affectionately call it — effectiveness and efficiency of councils. Could there be Jeff’s shed. We can see the phenomenal growth that is any more important council to Victoria than the City of occurring in residential living but also in terms of other Melbourne? My electorate is spread across three business and commercial investments in the city. council areas, and that makes a difference to the communities living within those council areas and how It is great that, because of this good governance model, much those communities rely on the effectiveness of we are all kicking in the same direction with the city. the councils and councillors. How councillors go about We have seen that with the direct election of the mayor. getting their jobs and how they then do their jobs is It is important that the city work closely with the clearly critical. Without wanting to besmirch the government of Victoria in promoting the city as a reputations of any of the councils, there are significant tourist destination but also a destination for events, differences in the implementation of particular policies including sporting, cultural and conference events. This by those councils, both in how those policies are working relationship can be seen in join project created and in how they are put into practice. It is investments between the council and the state critical that we deal in an expeditious but very government — for example, the river works and bridge circumspect way with anything that will significantly crossing at the new convention centre that link affect councils, and particularly a council as important Docklands with Southbank. These are all good, as the City of Melbourne. practical things. When you have good governance you tend to work closely together, recognising that you also
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The City of Melbourne has a quite varied history from submissions in response to the preliminary report, and the perspective of the way it has appointed its people making submissions may also request at that councillors and the way it was structured. In fact the time to be heard. The electoral commission submits a city council has seen many electoral structures since its final report to the minister. The electoral commission establishment as the Town of Melbourne in 1842. In the generally organises these processes, and we are 1842 elections 12 councillors were elected to represent fortunate that it does, by publishing a guide and having four three-member wards. Voting was done in licensed informal and sometimes formal meetings to give people hotels, and the first meeting was held at the Royal Hotel information about the processes it is undergoing. The in Collins Street. For most of its history Melbourne had Local Government Act 1989 provides for the minister structures that involved three-member wards. This to seek orders in council to implement the changed in 1996, when a completely new structure was recommendations made by the electoral commission introduced following municipal structuring. The 1996 after conducting a review. council had nine members: five councillors were elected at large from the entire district and four The Melbourne review is currently looking at the councillors were elected the from single-member election of councillors at the City of Melbourne at the wards. request of the minister and with the agreement of council. The report of this review is due out in March This structure was changed again in 2001, when the 2012. The minister requested this review following a current arrangements were put in place. This was the request from council to have reviews similar to those of first time that the Lord Mayor was elected directly by other councils. The Local Government Legislation voters. Melbourne now has seven councillors elected Amendment (Electoral Matters) Act 2011 was also from the entire municipal district using a Senate-style passed this year to amend the City of Melbourne Act voting system, plus a Lord Mayor and a deputy lord 2001 to allow for subsequent reviews for the City of mayor, who are elected as a team to also represent that Melbourne. Electoral representation reviews for the entire district. As I say, Melbourne council has had a City of Melbourne are limited to election of ordinary fairly changeable history since 1842 and has done a lot councillors. They do not consider the positions of Lord of travelling to get to the situation it is in today. I Mayor or deputy lord mayor, which remain subject to believe this bill will again take it forward and prepare legislation. Melbourne for the future. The timetable for the current Melbourne review Electoral representation reviews are reviews of the includes public information sessions in early November electoral structures of councils. Those reviews consider 2011; preliminary public submissions due by three matters: how many councillors are appropriate for 24 November 2011; the release of preliminary reports each municipality; what electoral structure is in January 2012; submissions in response to the report suitable — the options obviously being an due by 23 February 2012; a public hearing conducted unsubdivided council, multimember wards and on 29 February 2012; and a final report, with single-member wards; and where ward boundaries recommendations, due on 21 March 2012. should be located if wards are required. Until 2003 councils conducted their own electoral representation I say again that we are considering a very important reviews. Now all electoral representation reviews are piece of legislation here. During my earlier life, when I conducted independently by the Victorian Electoral lived in a country area, there was a lot of angst about Commission. However, the City of Melbourne has been councils and how they operated. Obviously these issues excluded from the process. Unlike the case with other can become quite parochial too. For instance, I lived in councils, its electoral structure has been prescribed in Tocumwal, and the local council was Berrigan. The detail in the City of Melbourne Act 2001. Berrigan Shire Council controlled all the facilities and everything within that council; it was quite a large, Electoral representation reviews are required for each sprawling council. The membership of the council was council before every third general election at least; mainly made up of council officers who came from the however, the minister can also require a review to be Berrigan area and who had a considerable amount of conducted at any time. The process for a review control over what went on in the Tocumwal area. includes the following statutory processes: the electoral People from Tocumwal thought the Tocumwal area commission gives public notice of the review, and was the jewel in the crown, but the Berrigan Shire people are then invited to make preliminary Council officers tended to negate that. The point I am submissions. The electoral commission prepares a making is that the job of a councillor is obviously preliminary report with a preferred option and usually critical. Councillors are there to guide, to assist their also with alternative options. People are invited to make constituents and to make sure the decisions made by a
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5670 ASSEMBLY Wednesday, 23 November 2011 council in a particular area are supportive of what is election of the Lord Mayor of Melbourne or the required in their electorate. position of deputy lord mayor. However, there are issues that will be contested and consequent findings Moving forward to my current situation, I note that that will inevitably prove contentious. These will there are three councils that are imposed upon the include whether Melbourne city councillors are elected constituents of my electorate. It is very interesting to at large, in Senate style, or in wards. The significance of watch each council operate in a different way and to see this should not be underestimated, given how hard these how those different operations impact upon the lives of issues have been fought in the past. people in the community. One of the really interesting aspects is the variation in graffiti policy. One council Melbourne City Council helped deliver separation from will clean graffiti off anything, the next council will New South Wales, but even when the city was only clean it off public buildings and another council impoverished and the roads were unmade and choked really has not quite made up its mind what it is doing. with mud in the pre-gold rush days of the 1840s, public To drive through those townships and see the different attention centred on who had the decision-making effects brought about on each of those townships by power in Victoria’s capital city. Despite the passage of those council policies, which have clearly been put in time emasculating many of the Melbourne City place by the councillors, really lets you know just how Council’s powers and responsibilities and Victorian important those decisions are. Likewise it lets you governments repeatedly sacking the council, issues know how important the mechanism we are discussing concerning representation are acutely felt and tonight is and emphasises how important this legislation contested. The timeless tensions between the wants and is as we go through our consideration of it. needs of residents and the commercial interests of business big and small will be played out again after the Having said all that, I add that I think this bill goes a VEC’s review and findings are released for public long way towards assisting us with the processes that debate. are bringing about a situation whereby the City of Melbourne can, from a council perspective, move It is worth reflecting on how this power struggle has confidently into the future. I commend the bill to the evolved. David Dunstan provided an insight in an house. article in the Age in 2004 entitled ‘The evolution of “Clown Hall”‘. It states: Mr McGUIRE (Broadmeadows) — I rise to make a contribution in the public interest on the City of Jeff Kennett’s Liberals removed those pesky residential areas Melbourne Amendment Bill 2011. The main purpose and councillors who, in the 1980s, committed the political sin of representing the interests of their areas. The Kennett of this bill is to alter the City of Melbourne Act 2001 to government broadly accepted the recommendations of city allow the government to implement the property and commercial interests that wanted a compliant, recommendations of the electoral representation review business-oriented council. of the City of Melbourne by the Victorian Electoral Instead of going bigger, as did provincial cities such as Commission (VEC) without further legislative changes. Geelong, Bendigo and Ballarat, Melbourne went smaller. Now we have the irony of North Carlton, which has streets all The review and subsequent reforms are important named after city councillors and officials of the 1870s, but because the relationship between the Victorian which is in the neighbouring City of Yarra. government and the Melbourne City Council has been In the 1950s and ‘60s, the MCC was controlled by fractious, controversial and colourful, to say the least. conservative business and political interests. A little known Even in the time I can remember, we have moved from and secretive party organisation, the Civic Group, decided a metropolis run by Clown Hall to Melbourne who would be Lord Mayor. No fuss, no bother. Leading blossoming into the world’s most livable city. The members, such as Sir Maurice Nathan and Sir Leo Curtis, got VEC’s review and findings are important not just to their turn. If they served for three years they were knighted. Melburnians but to all Victorians, because they go to The Labor Party sought to control the MCC but the 1954–55 the heart of issues concerning democracy and split decimated its political talent. Finally, when conservative representation and will play a role in safeguarding power began to crumble in 1979 the Liberal administration of Rupert Hamer, in one its less admirable moves, ‘sacked’ the Melbourne’s international reputation and standing as council to prevent existing ‘normal’ electoral means taking the state’s economic and financial engine room and their course. Australia’s sporting, arts and cultural capital. The conclusion of this political analysis was that neither The review is under way and is expected to be party in government wants much trouble, or even lip, completed by March, in time for next year’s Melbourne from Clown Hall. Consequently, we will note how the City Council elections. It does not interfere with the relationship between Victoria’s two most important
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Wednesday, 23 November 2011 ASSEMBLY 5671 tiers of government evolves under the state coalition. I … teamwork has been neither Liberal nor Labor, but have used historical insight to underscore the bipartisan; neither pro nor antidevelopment, but pro good development; neither pro nor antigovernment, but substantive point that there is a significant pro-Melbourne. responsibility inherent upon the City of Melbourne and the government of Victoria to safeguard and enhance I recommend this strategy to the current Melbourne Melbourne’s position as the world’s most livable city. City Council and future councils. This is the least they should do. This bill seeks to bring the City of Melbourne into line with other municipalities. That is admirable, but as the Labor does not oppose this bill. I wish the Victorian capital of Victoria the city of Melbourne is unique. This Electoral Commission success in balancing competing position must be safeguarded because Melbourne is interests and delivering stability so that Melbourne home to more than 96 000 residents, boasts a day time thrives as the world’s most livable city. population of 788 000, a night-time population of 363 000 and welcomes almost 1.5 million international Mr CRISP (Mildura) — I move: visitors annually. More than 400 000 people work That the debate be now adjourned. within the city of Melbourne. Put simply, Melbourne is the jewel in Victoria’s crown and is too precious for House divided on motion: petty politics. Ayes, 44 I note the contribution of Labor’s lead speaker, the Angus, Mr Mulder, Mr member for Richmond. As a former Lord Mayor of Asher, Ms Napthine, Dr Melbourne and Minister for Local Government, he has Baillieu, Mr Newton-Brown, Mr served both tiers of government with distinction, and he Battin, Mr Northe, Mr Bauer, Mrs O’Brien, Mr provided a special insight into the views of Blackwood, Mr Powell, Mrs representation and power sharing. He highlighted that Bull, Mr Ryall, Ms the VEC’s findings regarding the internal structure of Burgess, Mr Ryan, Mr the City of Melbourne and the number of councillors Clark, Mr Shaw, Mr Crisp, Mr Smith, Mr R. will be hotly contested. Therefore the conundrum is Delahunty, Mr Southwick, Mr now, as it was in the past, the question of balance Dixon, Mr Sykes, Dr between the extraordinary blend of skyscrapers housing Fyffe, Mrs Thompson, Mr international companies to workers cottages, high arts Gidley, Mr Tilley, Mr to fringe festivals and cutting-edge research institutions Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr to heritage architecture. It is the mix that makes Kotsiras, Mr Walsh, Mr Melbourne marvellous, and so is its representation. McCurdy, Mr Watt, Mr McIntosh, Mr Weller, Mr The critical public interest test for governance is that McLeish, Ms Wells, Mr the new arrangements for the City of Melbourne deliver Miller, Ms Wooldridge, Ms stability; that is the key to the future. Victoria and Morris, Mr Wreford, Ms Melbourne cannot afford to have the Melbourne City Noes, 43 Council again dissolve into warring factions. Defining Allan, Ms Hulls, Mr how the Melbourne City Council was able to shrug off Andrews, Mr Hutchins, Ms the dysfunctional Clown Hall tag, the former Liberal Barker, Ms Kairouz, Ms Minister for Local Government, Alan Hunt, argued in Beattie, Ms Knight, Ms Brooks, Mr Languiller, Mr the Age in November 2004: Campbell, Ms Lim, Mr Carbines, Mr McGuire, Mr … we have seen the implementation of virtually all D’Ambrosio, Ms Madden, Mr recommendations of the Kirner committee — Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr the committee which was formed under former Premier Edwards, Ms Neville, Ms Joan Kirner and on which Mr Hunt stated he had the Eren, Mr Noonan, Mr privilege of serving — Foley, Mr Pallas, Mr Garrett, Ms Pandazopoulos, Mr … as well as vastly improved relations with the state Graley, Ms Perera, Mr government … and restored community respect for and Green, Ms Pike, Ms confidence in the council. Halfpenny, Ms Richardson, Ms Helper, Mr Scott, Mr He cited leadership and teamwork and the following Hennessy, Ms Thomson, Ms crucial strategy for success: Herbert, Mr Trezise, Mr
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Holding, Mr Wynne, Mr The mayor of Greater Geelong will have additional Howard, Mr responsibilities and powers which distinguish the mayoral role from that of a councillor. In addition to taking precedence Motion agreed to. at municipal proceedings in the municipality, clause 6 (new section 11E) of the bill gives the mayor of Greater Geelong Debate adjourned until later this day. the additional power to appoint a councillor to represent the council as well as the power to appoint a councillor as chairperson of a special committee.
CITY OF GREATER GEELONG Limiting the eligibility of candidates to nominate for a single AMENDMENT BILL 2011 role is not uncommon in municipal elections. The City of Melbourne Act 2001 contains a similar prohibition on dual Statement of compatibility nominations. In addition some other states, namely Queensland and South Australia, also prohibit dual Mrs POWELL (Minister for Local Government) nominations for mayor and councillor positions. tabled following statement in accordance with Jeanette Powell, MP Charter of Human Rights and Responsibilities Act Minister for Local Government 2006: Second reading In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (‘the charter act’), I make this Mrs POWELL (Minister for Local Government) — statement of compatibility with respect to the City of Greater I move: Geelong Amendment Bill 2011 (‘the bill’). That this bill be now read a second time. In my opinion, the bill as introduced to the Legislative Assembly is compatible with the human rights protected by The City of Greater Geelong Amendment Bill 2011 the charter act. I base my opinions on the reasons outlined in this statement. will amend the City of Greater Geelong Act 1993 to reconstitute that council to include a mayor who is Overview of the bill directly elected by all the voters of that municipality. The purpose of the bill is to provide for the direct election of the mayor of Greater Geelong by the voters of the The government made a commitment to the people of municipality and to make other related amendments. Geelong that it would allow them to directly elect their mayor. This bill will give legislative effect to that The bill achieves this by amending the City of Greater commitment. Geelong Act 1993.
Human rights issues Geelong is Victoria’s second largest city and the council is one of the largest in the state. It is important Section 18 of the charter act protects the right to take part in that a municipality of such state and regional public life. Section 18 states that ‘every eligible person has the right, and is to have opportunity without discrimination, to significance has governance arrangements that will help vote and be elected at periodic state and municipal elections it grow and prosper. that guarantee the free expression of the will of the electors …’ A mayor elected by the whole Greater Geelong community will be someone with the endorsement to Clause 5 (new section 11) of the bill provides that a person may not be a candidate for the positions of mayor and speak on behalf of that community and to advocate for councillor simultaneously. This may be regarded as a the city’s interests nationally and internationally. A limitation of the right to take part in public life under mayor elected for the full four-year term of the council section 18 of the charter act, as it imposes a condition on a will also ensure consistent leadership for the council. person’s eligibility to be a candidate for mayor or councillor in local council elections for the City of Greater Geelong. Before deciding what model for the direct election of To the extent that clause 5 is a limitation on the right to the mayor was best for Greater Geelong, the participate in public life, the limitation is reasonable and government undertook extensive consultation with the justified. The purpose of the limitation is to improve the community. It also consulted key stakeholders, electoral process for the City of Greater Geelong by ensuring including the Greater Geelong City Council. The model a clear distinction between the roles of mayor and councillors at the City of Greater Geelong. The role of mayor is one of provided in this bill reflects the outcomes of those leadership and accountability to the entire municipality and is consultations. distinct from the role of councillors elected to represent individual wards. This distinction minimises the possibility of At the next local government elections, in October bias or the perception of bias by the mayor towards a given 2012, the mayor of Greater Geelong will be directly ward in the municipality. elected to represent the entire Greater Geelong community. The form of election will be by preferential
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Wednesday, 23 November 2011 ASSEMBLY 5673 voting and election will be at the same time as the The mayor of Greater Geelong will have additional election of councillors. Each voter will receive two powers appropriate to a leadership position elected by ballot papers; one for mayor and one for their ward the entire community. The mayor will be able to decide councillor. which councillors will be the council representatives on other organisations, except for remunerated positions Candidates will be required to decide whether they which will continue to be appointed by council. In wish to nominate for the position of mayor or for a addition, the mayor will be empowered to appoint position as councillor. Dual nominations will not be councillors to chair special committees of the council. allowed. This is consistent with the arrangement at the City of Melbourne and with local governments in some These additional powers of the mayor are generally other states. similar to those of the Lord Mayor of Melbourne, except that the Lord Mayor’s powers are broader and Limiting nominations to either mayor or councillor subject to delegation by the council. recognises that the roles have distinct differences and will provide clarity for voters about the roles being The model proposed for Greater Geelong is different sought by candidates. It will also ensure that the person from that applying at the Melbourne City Council, elected to be mayor is not someone who also sought which is the only other Victorian council with a directly election in a particular ward and may be perceived as elected mayor. This reflects feedback from the Greater having a bias in favour of that ward. Geelong community about their preferred model.
At the 2012 elections, the electoral structure for the After the new model has been in operation for two election of ordinary councillors will be unchanged — years, the government intends to review its that is, voters will elect 12 councillors to represent effectiveness and comparison to the Melbourne model. 12 single-member wards. The review will also consider whether a model for the direct election of mayors should also be available for The standard arrangement, which applies to all other other councils. Further advice about this review will be Victorian councils under the Local Government Act provided in due course. 1989, is that there may be no more than 12 councillors for a council. Under this bill, Greater Geelong will The provisions in this bill aim to enhance the leadership exceed this number for its next term of office. This is and representative democracy in one of the most because the addition of the mayor will result in significant councils in Victoria. 13 councillors being elected. This situation will only apply for one term of the council. I commend the bill to the house.
Before the following general election, in 2016, an Debate adjourned on motion of Mr WYNNE electoral representation review will be undertaken by (Richmond). the Victorian Electoral Commission to recommend an electoral structure that includes no more than Debate adjourned until Wednesday, 7 December. 11 ordinary councillors. This will realign Greater Geelong with other municipalities. LEO CUSSEN INSTITUTE After the election, the council will be required to elect (REGISTRATION AS A COMPANY) one of the councillors to be the deputy mayor. The term BILL 2011 of office of a deputy mayor will be up to 12 months and a councillor may be elected for successive terms as Statement of compatibility deputy mayor. Mr CLARK (Attorney-General) tabled following The deputy mayor will perform the duties of the mayor statement in accordance with Charter of Human when the mayor is unavailable. If the position of mayor Rights and Responsibilities Act 2006: is vacant for any period, the deputy mayor will become In accordance with section 28 of the Charter of Human Rights the acting mayor. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Leo Cussen Specific provision is also made in this bill for Institute (Registration as a Company) Bill 2011. allowances for the mayor and deputy mayor. These In my opinion, the Leo Cussen Institute (Registration as a allowances will be set by an order in council and Company) Bill 2011, as introduced to the Legislative adjusted annually in the same way as the allowances for Assembly, is compatible with the human rights protected by the Lord Mayor and deputy lord mayor of Melbourne.
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the charter act. I base my opinion on the reasons outlined in Over the years, the institute has continued to provide this statement. high-quality legal training to both law graduates and Overview of bill practitioners, ingraining in them the attributes for which Sir Leo Cussen himself was known: thorough The Leo Cussen Institute (the institute) was established as a preparation, clarity of argument and sound knowledge statutory body corporate by the Leo Cussen Institute Act 1972. The bill provides for the registration of the institute as a of legal principles. company limited by guarantee under section 5H of the commonwealth Corporations Act 2001. Section 5H allows However, in this time, the market for legal training has state legislation to deem a body to be a company of a changed significantly, as has the regulatory oversight of particular type and to set the company’s registration day. The the substance and quality of legal training. The institute institute’s registration day will be set by the Attorney-General is no longer the only provider of practical legal training in an order published in the Government Gazette once satisfied that the institute has lodged the required registration in Victoria, and there are numerous providers of documents with the Australian Securities and Investments practical legal training at the national level. The Commission. The institute will be a company limited by institute is now an accredited higher education provider, guarantee with charitable purposes, providing education for trading under the business name of the Leo Cussen legal practitioners, prospective legal practitioners and others concerned with the application of the law. Registration of the Centre for Law, and, as such, is required to meet institute as a company will not create a new legal entity; the stringent regulatory requirements. The institute’s main company will be taken for all purposes to be a continuation areas of activity — continuing professional of, and the same legal entity as, the institute established by the development, practical legal training and supervised Leo Cussen Institute Act. The bill allows for the repeal of the workplace training — are governed by legal profession Leo Cussen Institute Act after registration occurs. rules and regulations. Human rights issues It is not surprising, then, that two recent reviews have 1. Human rights protected by the charter act that are made recommendations to allow the institute to operate relevant to the bill independently and competitively in the market for legal The bill does not engage any of the rights under the charter education services. act. A 2006 review of legal education services in Victoria 2. Consideration of reasonable limitations — section 7(2) by Professor Susan Campbell, AM, who sadly passed As the bill does not engage any of the rights under the charter away earlier this year, led to the phasing out, over four act, it is not necessary to consider section 7(2) of the charter years, of funding for the institute from the legal act. profession’s Public Purpose Fund. With careful management and an increase in its existing activities, Conclusion the institute is now in a position where it no longer I consider that the bill is compatible with the charter act relies on this ongoing funding to operate. The institute because it does not engage or limit any of the rights under the does not otherwise receive government funding. charter act. A 2009 review of the Leo Cussen Institute Act 1972 by Robert Clark, MP Attorney-General Crown counsel, Dr John Lynch, found that it was not necessary for the institute to remain as a statutory body Second reading for it to provide its legal education services. Crown counsel recommended that the institute be assisted to Mr CLARK (Attorney-General) — I move: transition to a business structure better suited to the That this bill be now read a second time. current competitive legal training environment. Almost 40 years ago, the Leo Cussen Institute was In response to Crown counsel’s recommendation, the established in Victoria to provide professional training institute proposed that it become a company limited by for articled clerks and continuing education for lawyers guarantee with charitable purposes, namely the to keep them up to date with developments in the law. provision of education. From 1975, the institute began offering a full-time The government acknowledges that, across the legal practical training course for law graduates as an community, there is great support for the institute to alternative to articles of clerkship. This is perhaps the continue providing the services it does. The course for which the institute is best known. The name government has accepted the institute’s proposal to of the institute was chosen to honour Sir Leo Finn change its corporate structure on the basis that it will Bernard Cussen, a highly respected barrister and a allow the institute to continue to operate as a viable justice of the Supreme Court from 1906 to 1933.
BUSINESS NAMES (COMMONWEALTH POWERS) BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5675 participant in the legal training sector in Victoria and which will require the institute to pursue charitable open up greater opportunities for it to operate in other purposes that include providing education for legal parts of Australia. practitioners, prospective legal practitioners and others concerned with the application of the law, and As a company, the institute will be able to provide its encouraging access to participation in legal practice by services in Victoria and nationally, while being people with diverse and disadvantaged backgrounds. regulated under the regulatory scheme of the commonwealth Corporations Act 2001. As a company The constitution will require the institute to apply its limited by guarantee for charitable purposes, the income solely in promoting its charitable purposes and institute will be required to apply its assets and property no part of the institute’s income will be paid or for the purposes of legal education, not for the profit of transferred by way of a dividend bonus to company company members. members. In the event that the institute is wound up, the constitution will require any surplus assets to be The bill the government is introducing today therefore distributed to an entity with similar charitable purposes. provides for the registration of the institute as a This will ensure that the assets and goodwill established company limited by guarantee. The bill has the support by the institute over the last 40 years will continue to be of the institute and has been developed in consultation applied for the benefit of educating the legal profession. with the institute. The institute is well equipped to take this next step in its Following advice from the Australian Securities and history. In celebrating its 40th anniversary, the institute Investments Commission, the bill provides for will also be able to celebrate a new beginning, which registration of the institute as a company under will be for the benefit of Victorian lawyers and aspiring section 5H of the Corporations Act. Section 5H allows lawyers alike. state legislation to deem a body to be a company of a particular type and to set the company’s registration I commend the bill to the house. day. Debate adjourned on motion of Mr HOLDING In accordance with section 5H, the bill provides that the (Lyndhurst). institute will be registered as a company limited by guarantee with the proposed company name of ‘Leo Debate adjourned until Wednesday, 7 December. Cussen Institute’. The company’s registration day will be specified in an order published in the Government Gazette but this order will not be made until the BUSINESS NAMES (COMMONWEALTH institute has lodged with the Australian Securities and POWERS) BILL 2011 Investments Commission all necessary information and Statement of compatibility documents as required by the Corporations Act for company registration. Mr McINTOSH (Minister for Corrections) tabled following statement in accordance with Charter of Registration of the institute as a company will not Human Rights and Responsibilities Act 2006: create a new legal entity; the registered company will be taken for all purposes to be a continuation of, and the In accordance with section 28 of the Charter of Human Rights same legal entity, as the institute. This is to provide and Responsibilities Act 2006 (charter act), I make this certainty about the ownership of the institute’s current statement of compatibility with respect to the Business assets and the institute’s status as an accredited higher Names (Commonwealth Powers) Bill 2011. education provider, as well as to protect current staff In my opinion, the Business Names (Commonwealth Powers) and students of the institute. Bill 2011, as introduced to the Legislative Assembly, is compatible with the human rights protected by the charter act. Following registration of the institute as a company, the I base my opinion on the reasons outlined in this statement. Leo Cussen Institute Act 1972 will no longer have Overview of bill effect. The bill therefore provides for the repeal of this act on a day to be proclaimed that is on or after the day The purpose of this bill (the adoption bill) is to adopt the Business Names Registration Act 2011 (cth) (the Business the institute is registered as a company. Other than for Names Act) and the Business Names Registration this repeal, the bill will come into operation on royal (Transitional and Consequential Provisions) Act 2011 assent. (commonwealth) (the Business Names Transitional Act), and to refer certain matters relating to the registration and use of As a company limited by guarantee, the institute business names to the Parliament of the commonwealth for the purposes of section 51 (xxxvii) of the constitution of the intends to be governed by a corporate constitution,
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commonwealth, but only to the extent of the making of laws the burden of proof to the accused, or applies a presumption with respect to these matters by making express amendments of fact operating against an accused, engages this right. of the Business Names Act and Business Names Transitional Act. In my view, these provisions do not transfer the legal burden of proof, because once the defendant has adduced or pointed The adoption bill will also repeal the Business Names Act to some evidence, the burden is on the prosecution to prove 1962 and make transitional and consequential arrangements beyond reasonable doubt the absence of the exception raised. necessary as a result of that repeal. Furthermore, the burdens do not relate to essential elements of the offences and are only imposed on the defendant to raise The adoption bill is intended to implement Victoria’s facts that support the existence of an exception, defence or commitments under the 2009 Intergovernmental Agreement excuse. I consider this is appropriate in respect of each of for Business Names Agreement (IGA), which records the these offences because the defences and excuses provided in Council of Australian Governments decision to establish a these acts relate to regulatory matters within the knowledge of national business names registration scheme, to be the defendant, who will possess the relevant records and administered by the Australian Securities and Investments documents needed to establish the excuse or defence. Without Commission (ASIC). an evidential onus on the defendant, it will be too difficult and onerous for the Crown to investigate and prove the absence of This statement assesses the compatibility of the adoption bill, an excuse or defence beyond reasonable doubt. the Business Names Act and the Business Names Transitional Act with the charter act. Accordingly, I consider the above sections to be compatible with the right to be presumed innocent in the charter act. The Business Names Act and Business Names Transitional Act to be adopted by the bill are not subject to the 2. Restrictions on words and expressions interpretative obligation under section 32 of the charter act because both will operate as commonwealth legislation. The Section 27 of the Business Names Act provides that the power to make declarations of inconsistent interpretation minister may, by legislative instrument, determine the kinds under section 36(1) of the charter act will likewise not be of names that are undesirable for the purposes of this scheme. available. Furthermore, ASIC is not a public authority for the Section 28 of the Business Names Act provides that the purposes of the charter act. minister may, by legislative instrument, determine that a word or expression is restricted completely or restricted in relation While the Business Names Act and Business Names to a specific class of entity or business unless certain Transitional Act will operate outside the charter act’s conditions are met. These provisions engage the right to protections, it is not possible to achieve the aims of the freedom of expression in the charter act. national business names scheme without adopting that legislation. A national business names registration system will Right to freedom of expression (section 15) significantly reduce the bureaucracy, administrative cost and fees associated with registering business names, as well as Section 15(2) of the charter act provides that every person has improve knowledge and certainty for Australian businesses. It the right to freedom of expression, which includes the will eliminate the inconvenience for business to engage with freedom to seek, receive and impart information and ideas of the registration office of each state and territory, and pay all kinds. Restricting the availability of business names that duplicate fees for registration and access to information. can be registered restricts this freedom to impart information and ideas. It is not possible to assess the charter act compatibility of any future amendments that may be made by the commonwealth However, the right to freedom of expression includes special Parliament in an exercise of the referred power to make duties and responsibilities and may be limited pursuant to amendments to the Business Names Act or Business Names section 15(3) to respect the rights of others, or for the Transitional Act. However, under clause 4.4(1) of the IGA, protection of national security, public order, public health or the commonwealth cannot repeal or amend the national law public morality. without the approval of the Ministerial Council for Corporations, unless the amendment is of a minor or technical This restriction is to prevent the registration of names that are nature or could be made without reliance on state referrals of either undesirable due to their offensive nature or are likely to power. be misleading to consumers, particularly in relation to certain regulated specialist industries. The Business Names Act Human rights issues allows affected entities to apply to the minister for permission to use a name that has been declared as undesirable 1. Evidential onuses (section 27(2)) and to seek internal and administrative review of such decisions (section 56). I conclude that any limits on The commonwealth legislation contains a number of the freedom of expression are reasonably necessary under regulatory offences that impose an evidential onus on a section 15(3) for the purposes of public order and public defendant to adduce or point to evidence that goes to an morality. exception, excuse or defence (sections 18(2), 19(5), 20(3), 21(2), 77(2) and 77(4) of the Business Names Act and Conclusion items 25(2) and 25(4) of schedule 1 to the Business Names Transitional Act). I consider that the adoption bill, the Business Names Act and the Business Names Transitional Act are all compatible with Right to be presumed innocent (section 25(1)) the Charter of Human Rights and Responsibilities because although some provisions do engage human rights, these Section 25(1) of the charter act provides that a person charged provisions do not limit these rights. with a criminal offence has the right to be presumed innocent until proved guilty according to law. A provision that shifts Hon. Michael O’Brien, MP Minister for Consumer Affairs
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Second reading The bill also refers power to the commonwealth to make future amendments to the commonwealth laws. Mr McINTOSH (Minister for Corrections) — I This amendment reference is tightly confined, to move: protect areas of state legislative responsibility that are not intended to be referred to the commonwealth, such That this bill be now read a second time. as the registration of cooperatives, incorporated The purposes of the Business Names (Commonwealth associations and partnerships. Powers) Bill 2011 are to: adopt national laws for the registration of business names and provide the The commonwealth laws will operate concurrently with commonwealth with a referral of power to make future Victorian laws and this Parliament may still enact amendments to those laws; repeal Victoria’s business legislation that displaces or excludes the operation of names registration legislation; and provide for the commonwealth laws or specified provisions of consequential and transitional provisions necessary as a those laws. result of the move to a national scheme for business The bill also repeals the Business Names Act and names registration. makes consequential and transitional amendments to Currently, entities carrying on a business under a other Victorian legislation to ensure a smooth transfer trading name (that is, a name that is not an individual’s to the new national business names scheme. In own name or a corporation’s corporate name) are particular, transitional provisions: required to register that name in the Australian state or permit the transfer of data from the Victorian territory in which the business is carried on. business names register administered by Consumer In Victoria, the Business Names Act 1962 requires Affairs Victoria to the Australian Securities and entities to register their business names with Consumer Investments Commission for the establishment of Affairs Victoria, which administers and maintains a the national register; publicly available register of business names. This recognise that applications, renewals, cancellations register assists the community to identify individuals or and other processes in progress in Victoria on entities operating under particular business names in commencement of the national scheme will be Victoria. If a Victorian business wishes to operate completed by Consumer Affairs Victoria; interstate, it must separately register its business name under the business names legislation of the state or maintain existing appeal rights for cancellation territory in which it proposes to carry on business. decisions made under section 19 of the Business Names Act by the director of Consumer Affairs In 2005, Prime Minister Howard established a task Victoria; and force, led by the chairman of the Productivity Commission, Gary Banks, to identify options for enable renewal notices to be issued three months reducing regulatory burden on business. This task force prior to a registration’s expiry, to avoid a backlog of recommended the streamlining of business names, outstanding renewals at the transition date. Australian business numbers and related licensing and registration processes. The bill will also amend the Partnership Act 1958, the Associations Incorporation Act 1981 and the Following the release of the task force report, the Co-operatives Act 1996 to ensure that a name will not Council of Australian Governments agreed in 2009 to be available for registration by a partnership, transfer responsibility for the registration of business incorporated association or cooperative if that name is names from states and territories to the commonwealth registered to another entity on the national register. government. Finally, the bill makes minor consequential amendments to a range of other Victorian acts, The bill delivers on Victoria’s commitments under the including to update references to the Business Names Council of Australian Governments’ 2009 agreement Act with references to the Business Names Registration by providing for the adoption of the Business Names Act 2011 of the commonwealth. Registration Act 2011 of the commonwealth and the Business Names Registration (Consequential and In providing for the adoption of the new national Transitional Provisions) Act 2011 of the business names laws, the bill supports the establishment commonwealth. These commonwealth laws received of a national business names registration scheme that royal assent on 3 November 2011. will allow businesses to operate nationally under a single registered name. The creation of a national
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5678 ASSEMBLY Wednesday, 23 November 2011 business names register will remove the inconvenience This is really about the effective implementation of and potential confusion caused by multiple registrations these changes. The Victorian Electoral Commission is across different states and territories, and ensure that currently undertaking the review at the request of the only one set of rules applies throughout Australia minister as the Victorian Electoral Commission regarding business name registration. Current undertakes these particular reviews across all of administrative and financial burdens associated with Victoria. Really we are asking, ‘What was Parliament’s registering in multiple jurisdictions will be removed. role in the past?’. Parliament’s role in the past was to approve these reviews. The reason that these changes The new national business names process will be an have come about is that it is a long process to bring a online service provided by the Australian Securities and bill before this house, and to bring a bill before the Investments Commission. The new system is house to make changes that are of little concern to the anticipated to commence in the first half of 2012. This Parliament just burns up time. bill ensures that Victoria has played its part in making this new system a success, thereby reducing red tape for Why is the review being undertaken? The electoral Victorian businesses and making it easier for Victorian representation review is being undertaken at the request consumers to find out information about the businesses of the council and with the agreement of the they come into contact with. government. The minister agreed to the review after considering the council’s request and noticing that there I commend the bill to the house. had been no review of the electoral arrangements of the City of Melbourne for 10 years. Debate adjourned on motion of Mr WYNNE (Richmond). The review will be conducted by the Victorian Electoral Commission through some consultation Debate adjourned until Wednesday, 7 December. sessions. Such a review normally considers how many councillors are required for a municipality, whether CITY OF MELBOURNE AMENDMENT councillors should be elected to represent wards and the BILL 2011 location of the ward boundaries, if needed. The City of Melbourne is a little different because of its directly Second reading elected Lord Mayor and deputy lord mayor. These positions are elected at large as a legislative Debate resumed from earlier this day; motion of requirement and are not subject to review; therefore the Mrs POWELL (Minister for Local Government). review of the City of Melbourne will limit itself to the election of the remaining councillors. Mr CRISP (Mildura) — I rise to make a contribution on the City of Melbourne Amendment Bill We all know the arrangements for the election of Lord 2011. The purpose of the bill is to amend the City of Mayor and deputy lord mayor of the City of Melbourne Melbourne Act 2001 to enable orders in council to be are unique in local government in Victoria and are not made to alter the constitution of the Melbourne City being considered as part of this review. Other issues Council and to make consequential and minor will be looked at, including the unique provisions that amendments. allow an extended voting roll so that those who are entitled to vote in council elections are set out in In amending the City of Melbourne Act 2001 this bill legislation. The City of Melbourne has slightly different will enable recommendations arising from electoral provisions for voter enrolments that recognise its representation reviews of the City of Melbourne to be differences as a capital city and centre of business. In implemented by orders in council. At the government’s broad terms, the entitlement to vote is based on request and with the agreement of the Melbourne City enrolment on the state electoral roll, having an address Council, the Victorian Electoral Commission is in the municipality or being the owner-occupier of a undertaking an electoral review of the council. The rateable property. An electoral representation review provisions of the bill will allow the recommendations considers the structure of council, and voter from the electoral representation review to be entitlements have never been part of that review, so we implemented by orders in council if necessary as do not have to go there. The review will be completed, happens with other councils; that will save any of those and recommendations will come forward. This bill changes having to come before the Parliament before provides that those recommendations will be effectively being implemented. enacted without the delay of a parliamentary process. I commend the bill to the house.
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Ms PIKE (Melbourne) — I am very pleased to name that the City of Melbourne has internationally as speak on the City of Melbourne Amendment Bill an attractive place for people to visit and begin to because, as Melbourne is the capital city of our fair understand the various aspects of our culture and state of Victoria, all members of the house and certainly society and the community that lives within that area. all members of the Victorian community hold it in great affection. Because of that the council that represents As has been said before, the opposition supports this this city is an incredibly important body, so we need to bill. We go forward with confidence that members of make sure that we have the right legislative and the community and the various constituent groups will governance framework in place to ensure that the be fully consulted as we move towards any potential council is acting effectively and in the interests of all changes to the structure and nature of the City of the citizens it represents, including residents, Melbourne. stakeholders and peak bodies of organisations that find their home in the city. Mr WATT (Burwood) — I take great pleasure in rising to speak on the City of Melbourne Amendment Melbourne is a place of which we can all be proud. Bill 2011. The City of Melbourne has seen many International visitors come to our city, and Melbourne different electoral structures since its establishment as a in a sense provides the face for the state of Victoria. town in 1842. It is worth noting that voting was once The City of Melbourne has been very ably governed done in licensed hotels and the first meeting was held at over many years. I take this opportunity to draw the the Royal Hotel in Collins Street. That is just an attention of the house to the fact that the now member interesting little fact. for Richmond is one who in his role as Lord Mayor of the City of Melbourne provided good, strong I thought I would speak on the bill rather than on other governance. We continually need to ensure that the matters. If it helps the member for Essendon I can tell right mechanisms are in place to make sure that him that the City of Melbourne actually encompasses governance is strong so that there is a good, strong the Windsor Hotel. That might help him next time he structure for decision making which is utterly wants to speak on the City of Melbourne. democratic, sophisticated and not beholden to sectional The City of Melbourne now has seven councillors interests. elected from the entire municipal district using a That structure also needs to ensure that councillors are Senate-style voting system, plus a Lord Mayor and positioned to be able to make decisions for the common deputy lord mayor who are elected as a team to also good that genuinely benefit the city and all its represent the entire district — — constituents. Councillors need to make these decisions Ms Pike interjected. by balancing the individual rights and responsibilities of all the city’s constituents and by making decisions TheG ACTIN SPEAKER (Mrs Victoria) — that benefit the whole of our state. This amendment bill Order! The member for Melbourne has had her turn. gives us the opportunity to refresh the democratic process for the City of Melbourne so we can put in Mr WATT — Currently there is a representation place the means by which we can review the number of review being conducted of the City of Melbourne. This people who are councillors of the City of Melbourne was enabled by the Local Government Legislation and the nature of their representation, whether it be Amendment (Electoral Matters) Act 2011, a bill this ward based or as a whole group. government introduced to this house. The Victorian Electoral Commission (VEC) is undertaking a review Essentially we want to have a stable, effective and of the election of councillors at the request of the democratic decision-making body for this very minister and with the agreement of the council. This important council. It is, I think, our pre-eminent council review is expected to be completed in March 2012. because it represents the core and heart of our state. This bill will enable those recommendations to be Many of these issues are hotly contested, and I am implemented through orders in council rather than the pleased that the minister has given guarantees and government having to introduce further legislation to demonstrated to this point her willingness to be open change the principal act again. and allow these reviews to take place. I know that with the framework of this amendment bill we will be able The Local Government Legislation Amendment to have a good hard look at what are sometimes very (Electoral Matters) Act 2011 allowed for the review of complex issues, but this is in the interests of serving all the council and for subsequent reviews. The timetable those different stakeholder groups that I mentioned for the current City of Melbourne review includes a previously and continuing to uphold the very good public information session in early November 2011,
CITY OF MELBOURNE AMENDMENT BILL 2011
5680 ASSEMBLY Wednesday, 23 November 2011 preliminary public submissions to be submitted by who may have been talking about the city of Moonee 24 November, which is fast coming up, the release of Valley — — the preliminary report in January 2012, submissions in response to the report by 23 February 2012, a public The ACTING SPEAKER (Mrs Victoria) — hearing on 29 February 2012 with the final report and Order! I ask the member for Burwood to come back to recommendations are due on 21 March 2012. the bill.
This bill will enable any recommendations following Mr WATT — This bill makes additional minor and that review to be implemented by orders in council the technical amendments to the City of Melbourne Act same way as is done for all other councils. The purpose 2001, which include changing the time for candidates to of having the VEC conduct the review is to ensure that lodge certain documents from 4.00 p.m. to 12.00 p.m. it is independent from political direction. Having the This is part of a process of aligning lodgement times for Parliament then consider these recommendations would all council elections. It is important that the provisions be inconsistent with the independent nature of the of the bill come into effect in early 2012 — and I review process. The government does not have a mentioned the time line previously — so that changes particular preference for the outcome of this review. relating to the conduct of the City of Melbourne Individual members might have particular views, but election can be fully implemented by October 2012. the government does not have a view on the structure One of the orders that may be made is to specify that the review will recommend. schedule 1 of the act not apply. Schedule 1 of the act, for those who have not bothered to read the bill, Ms Pike — What is your opinion? Have you got contains provisions that require the use of Senate-style one? above-the-line ballot papers. The bill will also repeal sections 28D and 28E of the City of Melbourne Act Mr WATT — I am happy to talk about my 2001, because they preclude the making of orders in opinion — — council after a review. I take great pleasure in recommending these provisions, and I commend the The ACTING SPEAKER (Mrs Victoria) — bill to the house. Order! Interjections are disorderly, and so is responding to them. I ask for interjections across the chamber to Mr HOWARD (Ballarat East) — I am pleased to cease. say a few words about the City of Melbourne Amendment Bill 2011 because, as members in the Mr WATT — I will not take up the interjection. house would know, there has been an ongoing process The city of Melbourne covers quite a diverse area with over a number of years whereby the Victorian Electoral many different communities of interest, and I will allow Commission has reviewed issues associated with the VEC to decide on that recommendation. I will allow council boundaries — that is, their internal ward the members of the house who actually live in the city boundaries — whether there are better ways of of Melbourne, such as the member for Lyndhurst, to arranging the internal structures of the councils and decide what those actions are, rather than members whether there ought to be a different number of such as me who live in Boroondara — — councillors on the councils.
Mr Wynne — On a point of order, Acting Speaker, The process of reviewing Melbourne City Council is this is a relatively contained bill, and we have provided entirely appropriate and in line with what has been the member for Burwood with some liberty tonight, but happening in other places around the state. Within my I would ask you to draw him back to the bill. Perhaps electorate all of the local governments, of which there he might have done a bit of research before he got up to are five, have been reviewed, and in some cases quite speak. substantial changes have been made. In other cases only The ACTING SPEAKER (Mrs Victoria) — minor changes were made. It is entirely appropriate that Order! I do not uphold the point of order; however, I these reviews take place and that those who live within ask the member to come back to the bill. the municipality be given an opportunity to put in submissions to have their views considered in relation Honourable members interjecting. to whether there should be new ways of viewing the boundaries within the council area, whether the overall Mr WATT — It is the City of Melbourne ward structure that exists at the moment is appropriate, Amendment Bill 2011. I am happy to talk on the bill, as whether there is a better way of structuring the internal I have been doing, unlike the member for Essendon, boundaries or, indeed, whether it is better to have no boundaries at all.
CITY OF MELBOURNE AMENDMENT BILL 2011
Wednesday, 23 November 2011 ASSEMBLY 5681
In each of the councils in my area we have seen takes time for legislation to be put together, drafted, different positions taken. For example, the City of considered, debated and passed through both houses of Ballarat has gone from nine individual wards down to Parliament. The second purpose of the bill, which is to three-councillor wards with the same number of have the electoral commission conduct the review, will councillors. The Shire of Hepburn, for example, went ensure that it is independent from political direction. It from having five councillors in five wards to seven is about transparency of government. The electoral councillors in three or four wards. There are different commission is an independent body free from political structures, and the Shire of Moorabool has quite a direction, and having the Parliament consider the different structure in which the area of Bacchus Marsh recommendations would be inconsistent with the has become one ward, as opposed to four separate independent nature of the review process. wards, and there are now three smaller country wards in the west of Moorabool. That restructure was something Why is a review of Melbourne City Council being of a concern to some of my residents within Moorabool undertaken at this particular moment? An electoral shire, but I am pleased to say that the councillors have representation review is being undertaken at the request helped to make it work, although time will tell whether of the council, and the minister agreed to the review residents in the west of Moorabool, in my part of the after considering the council’s request, which noted that shire, still believe they are well represented. there had been no review of the electoral arrangements of the City of Melbourne for just on a decade and that It is entirely appropriate that councils be reviewed and other councils have regular reviews. With that short that the City of Melbourne be reviewed in the same contribution, I will hand over to the member for way as any other council. I hope the Victorian Electoral Rodney. I commend the bill to the house. Commission continues to do its job well, thoroughly considers the submissions that are made and makes Mr HERBERT (Eltham) — I can honestly say I am good recommendations to be considered by the very pleased, in more ways than one, to be the member minister. I am pleased to see this process continue. for Eltham and not the member for Rodney, and I say that with all due respect to the member for Rodney. Honourable members interjecting. It is a great pleasure to speak on the City of Melbourne The ACTING SPEAKER (Mrs Victoria) — Amendment Bill 2011. We have heard contributions Order! Before I allow the member for Frankston to from many members who have been involved in local speak, I ask for a little shush in the chamber. government. The member for Richmond is a former Lord Mayor of the City of Melbourne, and he was a Mr SHAW (Frankston) — I am happy to speak on great Lord Mayor who did a lot to develop Melbourne the City of Melbourne Amendment Bill 2011. Local into the great city it is today. Daimaru was built under councils are very important to Victorians. It is terrific to the member for Richmond’s watch, and at the time it see that Melbourne is up there as the world’s most was a great addition to Melbourne — an innovative livable city, beating Vienna as well as Vancouver and a building that showed what we could do in terms of few other cities in Canada. Our other capital cities in being a centre of Australia. the top 10 are Adelaide, Perth and Sydney. Australia is a great place to live, and Melbourne is on top of the This bill is about democracy, about change and it is tree. I will expand that a little. Melbourne is the most about how we can improve local government. It is livable city, but Frankston finished in the top five for about reviewing the type of electoral structure we have singles, for couples and for a place on the Mornington for the City of Melbourne. It is about reviewing the Peninsula, which I think is a fantastic result. boundaries and whether we have multisector boundaries or whether we make other types of This bill is enabling legislation, and its purpose is to amendments. We do not oppose it. We think it is a allow the Minister for Local Government to seek orders good idea to have that boundary review. in council to implement recommendations arising from a review of Melbourne City Council’s electoral I will say a few things, though, about local government structure. The Victorian Electoral Commission is and about democracy. When we come to this place we currently undertaking the review at the request of the know from past experience that local government is minister. Without this legislation any recommended incredibly important in terms of providing services changes cannot be implemented unless Parliament is close to the ground, services that people use and involved and passes specific legislation. One good services which as a state legislature we rely on for the thing about the bill is that it keeps the process out of implementation of many of our larger policies and Parliament and makes things move more quickly. It programs. If local government is not working
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5682 ASSEMBLY Wednesday, 23 November 2011 efficiently, if it has a poor structure, if it is However, if I could get back to the bill, without this dysfunctional, then lots of the programs that we have at legislation any recommended changes could not be state government level will simply not be implemented. implemented unless the Parliament passed specific legislation, so obviously if we do not pass this bill, we In terms of the City of Melbourne, we know a lot about may not be able to endorse the recommendations. I am the City of Brisbane, for instance, which is a very pleased to hear that the opposition is not opposing this powerful local government unit, but the City of bill, because it is imperative that it goes through so that Melbourne is in fact a larger economic unit. It is more we can implement the changes that are recommended central to Australia’s wellbeing and is absolutely by a review that has not happened for 10 years. The essential to Victoria’s economic strength and opposition was in government for 11 long years, and international reputation. I think this bill has the for 10 of those 11 long years it did not have a review of potential to enhance that reputation. It has the potential, the City of Melbourne. if handled properly, to develop Melbourne by making local government work better, and it also has the Mr Hodgett — Ten years! Nothing? potential to enable many people who have a great love of the city of Melbourne to have input into the review. I Mr WELLER — Nothing! commend the bill to the house. An honourable member interjected. Mr WELLER (Rodney) — It is my great privilege to rise this evening to speak on the City of Melbourne Mr WELLER — No. Why should the changes not Amendment Bill 2011. The purpose of the bill — for be left to — — those who have trouble hearing — is to amend the City The SPEAKER — Order! The time appointed by of Melbourne Act 2001 and to enable orders in council sessional orders for me to interrupt business has now to be made to alter the constitution of the Melbourne arrived. The honourable member may continue his City Council and to make consequential and other speech when the matter is next before the Chair. minor amendments. Business interrupted pursuant to sessional orders. As we have heard from many speakers this evening, it is all about the democracy of council and how we as a state government ensure that the City of Melbourne is ADJOURNMENT run in a very democratic way. What is the purpose of this legislation? The City of Melbourne Amendment The SPEAKER — Order! The question is: Bill 2011 will allow the minister to seek orders in council to implement the recommendations arising That the house now adjourns. from the review of the Melbourne City Council’s Cemeteries: administration electoral structure. It is quite right that after many years the electoral structure of the city council is indeed Mrs FYFFE (Evelyn) — The matter I raise is for reviewed — — the Minister for Health. The action I request is that he look into the operation and effectiveness of the Greater Mr Wynne — When was it reviewed last? Metropolitan Cemeteries Trust. When the trust was Mr WELLER — It does not matter when it was being formed by the former Minister for Health, the reviewed last; the fact is it is being reviewed, and we now Leader of the Opposition, the former member for should implement the outcomes of the review. The Caulfield and I raised questions with the minister about Victorian Electoral Commission is currently the size of this new cemetery trust. Whilst undertaking such a review at the request of the Minister understanding the need at that time for a review of for Local Government. For the member for Richmond’s cemetery trusts and for some changes to be made benefit, the last review was in 2001, so 10 years on we because of issues that had arisen, the minister took a are having a further review, which is quite appropriate. sledgehammer to a walnut and abolished all the smaller We came to government promising to fix the mess that trusts that were working well and were financially was left to us, as the member for Richmond would be viable. They now form the Greater Metropolitan well aware. One of our core promises was to fix the Cemeteries Trust. mess. We are having a review of the City of Melbourne I express concern on behalf of those who were forced to fix the mess. into the amalgamation. It has not worked at the Lilydale cemetery. Since the amalgamation of the trusts I have received many complaints about how the Lilydale
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Wednesday, 23 November 2011 ASSEMBLY 5683 cemetery and other local cemeteries are managed. From on the operations of the training sector and the viability a handful of complaints in the beginning, it has now of TAFE institutes. The report had been concluded become a weekly occurrence. The then minister, now weeks earlier but had been hidden away in the Leader of the Opposition, refused to listen to the minister’s office until the Queen’s arrival in Australia, concerns raised by the Lilydale Cemeteries Trust, when it was quietly slipped into the public domain. concerns that were raised with respect and after careful Dr Peter Veenker and Professor Gerald Burke were consideration. employed to undertake consultation but, despite the magnitude of this 200-page report, were allowed only Some of the complaints I have been receiving lately are two weeks of formal consultation. about a service that had been booked and arranged and for which everything had been organised when but the Notwithstanding the depth of the changes advocated in family was advised that the date and time had been the report, within a few days of its release and before double booked. They had to change everything and formal consultations began the government acted on notify all the mourners who were coming to the service. selected recommendations and slashed hundreds of When they were at the cemetery and attending their millions of dollars from funding rates and TAFE funeral, they spoke to a family friend who had attended budgets — budgets which in most cases had been another funeral service. When that group left the chapel finalised after months of preparation and were central to and walked to where the deceased was to be buried in the capacity of the TAFEs to compete in a competitive the grounds of the park, they discovered that the wrong training market. The cuts have shocked TAFE and grave had been dug. They then had to go back to the training providers and will have a devastating effect on chapel, wait for another grave to be dug and then skills training in Victoria. proceed with the service. Whilst Victorian TAFEs are still struggling to work out Other complaints include that there is not one their budgets and staffing levels for 2012 in the face of experienced staff member; people have rung and asked these unexpected cuts, we know a number of things. who was interred in a grave but could not get an We know that at least 250 Victorian TAFE teachers answer; the number of errors and problems at Lilydale now face the sack just before Christmas. We know that is growing; the staff have no training and have no idea student fees will skyrocket and vocational training how to deal with grieving families; phones ring out providers will be forced to cut courses. Apprenticeship constantly; the chapel has been booked out a number of fees will leap to $200 a year on average. Large times; staff have advised families that they cannot pay metropolitan TAFEs will be $3 million to $5 million for their graves directly to the cemetery trust and have worse off and regional TAFEs will be $500 000 to to pay the funeral director, which is wrong because this $1.2 million worse off each year. Although this is a incurs GST; another wrong grave was dug; and families disaster for Victorian TAFE institutes, the have been turned away by staff who say they cannot implementation of the full 43 recommendations will take payments or are too busy. have an even more profound impact on the sector — a sector that is vital for Victoria’s future in providing the The service is getting worse and worse as time goes by. skills and training needed for our future economic In the past Lilydale Memorial Park was a professionally growth. run organisation with staff who knew what they were doing and were highly regarded by the community. The fact is that TAFEs and industry are struggling to Residents and funeral directors have implored me to adjust to the impact of funding cuts and institutions have something done about the mismanagement of this simply have not had time to analyse and model the cemetery. impact of the full 43 ESC recommendations on their businesses or on the provision of high-quality training Vocational education and training: fees and in Victoria. Consequently, before he further acts on the funding review ESC recommendations, the minister should substantially extend the consultation period well into Mr HERBERT (Eltham) — I wish to raise an issue next year and give TAFE institutes proper time to for the Minister for Higher Education and Skills. The analyse the impact of the ESC report on their action I seek is for the minister to extend the businesses and release the interim analysis of Professor consultation period on the review by the Essential Burke and Dr Veenker. Services Commission of vocational education and training (VET). The ESC VET fees and funding review report was released on 12 October and contained 43 recommendations which will have a major impact
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Tourism: Gippsland events The Gippsland Signature Dish competition is on again next year, and cooks are invited to create their very own Mr BLACKWOOD (Narracan) — I wish to raise a signature dish using Gippsland-grown produce and matter for the Minister for Tourism and Major Events, match their creations to a Gippsland wine or beer. From and the action I seek is for her to provide funding the written entries three finalists will be chosen to cook support for the marketing of two major events in off live on stage at Lardner Park on 25 March 2012. Gippsland in early 2012. All of these events provide magnificent opportunities The West Gippsland Gourmet Country Tourism for the showcasing of Gippsland businesses and their Association hosts the Palate of Passions Festival and produce. The boost in tourism they provide is very the Gippsland Signature Dish competition. The Palate significant, and the economic benefit this brings to our of Passions Festival will run from February to region is huge and more than justifies consideration for April 2012 across the Baw Baw region, and the financial assistance from the state government for the Signature Dish competition will be held on 25 March costs of marketing and advertising. 2012. Freedom of information: government West Gippsland Gourmet Country is a local tourism performance association in West Gippsland that is one of the longest running tourism groups in the state. Formerly known as Mr McGUIRE (Broadmeadows) — I wish to raise the Gourmet Deli Group, the association has now a matter for the attention of the Premier. The action I expanded from being predominantly food and wine seek is for the Premier to deliver on his election based to showcasing members who have wineries, promise to the people of Victoria to deliver a new era of restaurants, galleries and retail stores, as well as transparency and accountability by establishing an including accommodation operators, attractions and independent freedom of information commissioner. much more. I refer the Premier to a news article published in the The Palate of Passions festival gives locals and visitors Age of 1l October 2011 entitled ‘Baillieu office a from right across the country a chance to celebrate their “black hole” for FOI requests’. The article states that love of fine food, wine and culture. This boutique the Premier’s private office has been ‘vetting’ FOI festival is run by the members, who showcase their requests to government departments for ‘sensitive product strengths by hosting individual events documents’. According to the Age: throughout the festival. Premier Ted Baillieu’s office has been accused of The signature event for the festival is the Long Lunch undermining Victoria’s freedom of information laws by on the Noojee Trestle Bridge, which is also part of the vetting requests for sensitive documents made to government departments. Melbourne Food and Wine Festival regional calendar. The minister for tourism attended this event earlier this The revelations come as the government refused to release year and thoroughly enjoyed the food, a little bit of records of meetings attended by Mr Baillieu — despite identical requests being granted by the former Brumby wine and the friendship that is the hallmark of the government. people in this part of Gippsland. I know the minister was very impressed with the superior quality of the Departmental sources have confirmed that hundreds of FOI produce and the professionalism of the organisation of requests to government departments are now banked up on the event. The minister would be very welcome if she the desk of Mr Baillieu’s freedom of information adviser … has the time to attend next year’s Long Lunch, which is This is an issue that goes to the heart of transparency to be held on 2 March 2012. and accountability. Not only does it impede scrutiny of government by the media, opposition and organisations A selection of other events held during this year’s dedicated to the public interest, but it is contrary to the festival included Shakespeare in the Vines — Romeo liberal democratic ideal of government of the people, and Juliet at the Wild Dog Winery — Famous Paella by the people and for the people. I have even been Feasts at Brandy Creek Wines, A Taste of Croatia at lobbied by a leading Melbourne businessman to Piedmont Wines, Get Wild about Bush Foods at campaign on this issue. Peppermint Ridge Farm, Jindi Harvest of Gippsland at Lardner Park, Passions on the Pavement in Yarragon After a year in government the coalition has failed in its Village and the Soiree with the Alpacas at Nickelby at election promise of openness, transparency and Darnum. accountability. Ministers have overrun the conventional period to respond to adjournment debate matters. I am
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Wednesday, 23 November 2011 ASSEMBLY 5685 still awaiting a response from the Minister for Health to Libraries are not just places where books are. Libraries an issue I raised on 4 May 2011, more than six months are a part of our community. They are learning centres. ago. Responses to questions on notice have been slow They are centres where people gather, where young and obstructive, and question time has been a farce. The people learn to interact, where young mums have the Premier, when in opposition, promised to form a opportunity to catch up with each other, where people spin-free government. This in itself was perhaps the can brush up on their computer skills, where people can most masterful display of spin. chase up factual information and where people can partake in leisure reading and just generally enjoy the I call on the Premier to deliver on one of the benefits of further learning. fundamental promises he made to the people of Victoria. The freedom of information laws represent a In my electorate of Benalla not only do we have key tenet of the progressive ideals that shape our stationary libraries but we also have a mobile library — democracy. More than 150 years ago Victoria led the the High Country Library Corporation service — which world by establishing a progressive democracy. This is has been a tremendous boon to the more isolated a legacy that each member of this house inherits. It is communities in our area that do not have the ability to our responsibility not only to the Victorian people but have an actual library. I know that in the community of also to the tradition of the institution of the Parliament Benalla libraries are considered extremely important. to preserve, protect and defend this legacy. I therefore We have one that is rather run-down, but the local call on the Premier to fulfil his election promise to community has formed a group called the Friends of establish an independent freedom of information the Benalla Library; many communities have similar commissioner as a critical step in his pledge for an groups. In Benalla we have Geraldine McCorkell open, accountable and transparent government. leading that group, ably assisted by Godfrey and Carole Marple and Robyn MacLean, and they are continuing Libraries: shire of Alpine to push for an upgrade of our library.
Dr SYKES (Benalla) — The matter I raise is for the Coming back to the issue, I ask the minister to come to Minister for Local Government, and it is about the Alpine shire and to the electorate of Benalla to have applications for funding under the Living Libraries a look at the fantastic work being done there, and if infrastructure program, in particular one made by the there is money available in the infrastructure fund to Alpine shire. The action I seek is that the minister come kick our libraries along, it would be most welcome. and visit the Alpine shire, see the wonderful work being done by the libraries in our area and recognise the Ballarat East electorate: capital projects benefits of the presence of those libraries and the fact that a small amount of additional funding can often Mr HOWARD (Ballarat East) — I have an issue to make a big difference in the delivery of their services. raise with the Premier. I ask the Premier to take action in Ballarat East to ensure that his government actually I know that many other speakers on both sides of this delivers some capital projects in the near future. I house have highlighted the importance of libraries to would also welcome the Premier coming to my our communities, and the coalition government has electorate to explain why his government has failed to established the Living Libraries infrastructure program deliver any capital projects there in the first year of this following the end of the previous government’s library coalition government. capital fund. I know the minister has been to a number of areas to support libraries in her travels around the As the member for Ballarat East, each year I have been state. Applications to the Living Libraries infrastructure able to write to residents in the Ballarat East electorate program closed a little while ago, and I know the to inform them of what the state government has Alpine shire had put in an application for some delivered in their communities. Under the former refurbishment works in a couple of its libraries. It government, each year I was able to list a great range of would be great if the minister could come along and see projects that had been delivered. For example, what is going on. Also, given that it has put a fair bit of 22 schools received major refurbishments or rebuilding work into its application, it would be good if there was works under the former government, but these projects some money available for the shire. As I understand it, appear to have stopped. This year there was no funding the infrastructure program has the ability to provide up for any major redevelopment of any school in my to $750 000, which would really help a lot of libraries electorate. Under the previous government hospitals in country Victoria. were refurbished or even newly built, as was the case in Kyneton. There was ongoing, regular support for the creation of major infrastructure projects and sporting
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5686 ASSEMBLY Wednesday, 23 November 2011 facilities. Tennis courts were upgraded, as were Wangaratta and Benalla, with a philosophy of creating facilities at sporting grounds and so on. opportunities together.
This government has done nothing to date. In the past Wangaratta also has the Technical Education Centre there were upgrades to community halls and (TEC), a senior secondary education and training neighbourhood houses. There were transport projects option for young people who want to pursue vocational and regular road upgrades were undertaken. New police and technical careers. It is another sector in the diverse stations were built at Kyneton, Gordon and Buninyong. range of educational opportunities available to young New ambulance stations were built. I was also able to people in the Murray Valley electorate. The Wangaratta regularly report on new fire stations being built for TEC, one of the first in regional Victoria, accepted its communities in my electorate. In terms of public first students while operating from temporary transport, major works were undertaken to redevelop accommodation at the former Ovens College premises railway lines as part of the regional rail project to in 2007, and its purpose-built $8 million facilities at the ensure good, quick and comfortable travel to and from Wangaratta campus of GOTAFE were officially Melbourne, and so on. opened in May 2010. It is a collaborative operation between GOTAFE and Wangaratta High School. It I could keep listing the projects that were delivered enrols students in Victorian certificate of applied under the previous government, but when I talk about learning programs in conjunction with vocational what this government has delivered in its first year it is education and training. Whilst boosting educational a sad tale. Nothing has been delivered — actually that opportunities for students, it also helps local industry to is not the case, because I recently visited Buninyong, address skills shortages. TEC students are generally where the government has provided funding to build around 16 to 19 years of age; they are part of an adult new stone gateways at the Gong in Buninyong as part learning institution but have access to specialised of the 150th anniversary celebrations at the Buninyong learning support appropriate to their age group. Botanical Gardens, and that was well received. A stone gateway is one thing, but the people of Ballarat really Then we have GOTAFE, one of the largest regional need and deserve ongoing infrastructure works, which TAFE institutes in Victoria, which developed out of the would not only improve community amenity but also merger of the former Wangaratta and Goulburn Valley provide jobs both in the construction stage and institutes of TAFE, with major campuses in afterwards. In our term of government a great range of Wangaratta, Shepparton, Seymour and Benalla. such projects were undertaken, including establishing Activities are conducted locally, statewide, nationally an office of the State Revenue Office and other and internationally. The Docker Street campus in infrastructure projects at the Ballarat Technology Park. Wangaratta is one of the larger campuses and the hub of training in the north-east. GOTAFE Wangaratta I want the Premier to focus on delivering in this next includes a world-class rural industries campus catering year. to the needs of the animal science, agriculture, equine, horticulture and viticulture industries, and it is the main Higher education: Wangaratta campus for the National Centre for Equine Education. This $10 million purpose-built facility attracts students Mr McCURDY (Murray Valley) — I raise a matter from all over Australia and overseas, and its hands-on for the Minister for Higher Education and Skills. The approach to training ensures graduates are highly action I seek is that the minister visit Wangaratta sought after by the stud and racing industries within tertiary institutions and undertake discussions with the Australia and overseas. With the aim of assisting campuses to better understand the needs of my region. individuals gain skills and knowledge to obtain Wangaratta has a proud history in higher education. It employment or further career aspirations, GOTAFE was in Wangaratta in 1962 that the late Colin Cave was also offers Deakin at your Doorstep. appointed as the executive officer of what is now Wangaratta has much to offer in the area of higher known as the Wangaratta Centre for Continuing education, and I seek a visit from the minister as soon Education — the first centre of its type in regional as practicable. Victoria. The centre is still operating effectively today, as I discovered when I presented a Learn Local Portarlington Primary School: redevelopment certificate acknowledging funding of $50 000 earlier this year. The centre has a proud history of offering Ms NEVILLE (Bellarine) — The matter I raise is quality inclusive learning, training and community for the Minister for Education, and the action I seek is development opportunities from its campuses in that the minister provide a guarantee to Portarlington
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Primary School that the proposed statewide upgrade of the school and the approval for schematic maintenance audit will not delay or prevent the school design will not be delayed by the flimsy excuse of a from receiving funding and approval for the schematic maintenance audit. The students of Portarlington design that needs to be done for the school’s urgently deserve nothing less. needed upgrade. Torquay and Jan Juc surf lifesaving clubs: The school has already been audited and assessed and facilities recommended by the regional office of the Department of Education as being a priority. That is why at the end Mr KATOS (South Barwon) — It gives me great of 2009 the school was given approval by the Brumby pleasure to rise this evening on the adjournment to raise government to undertake master planning. As a result a matter for the Minister for Police and Emergency of this work, the Brumby government made a fully Services. The action that I seek is for the minister to costed election commitment for a $6 million rebuild of visit the Torquay and Jan Juc surf lifesaving clubs in the school. The design of the school is outdated, the the electorate of South Barwon to discuss their plans to timber is rotting, there is rising damp, there is asbestos reconstruct their facilities. that must be removed, the paint is peeling, the roof leaks and the ventilation is poor. During rain periods I have been working closely with both clubs to ensure the school cannot use many of the classrooms. That is that the election commitment of $300 000 for each club why the previous government assessed it as needing a is received and spent in a timely manner. The funding full upgrade, provided funding for the master plan and will ensure that the Torquay and Jan Juc clubhouses can committed funding for the rebuild. be renovated so that they are upgraded to accommodate the demands of the increase in local population and It is simply not common sense to delay this project any visitors to the Surf Coast. The Torquay clubhouse is longer. The expensive patch-up maintenance work that more than 40 years old, and it is showing its age. is being done means that delaying the rebuilding of the school is not cost effective. The minister has visited the Recently the Torquay and Jan Juc surf lifesaving clubs school and seen and acknowledged the genuine need. were among more than 190 volunteer emergency The initial plans for the new school have been drawn services units across Victoria to receive funding under up. Members of the school community have been the $11.5 million volunteer emergency services waiting patiently for a year to have funding approved so equipment program established earlier this year. The they can go ahead with the more detailed design work. Torquay Surf Lifesaving Club received a new Portarlington Primary School does not need to go all-terrain vehicle, and the Jan Juc Surf Life Saving through another maintenance audit; that work has Club received an inshore rescue boat replacement and already been done. The department knows, and the motor. minister has seen, the urgent need for this fine school to These commitments recognise the important role that be upgraded. surf lifesaving and volunteering continue to play in the Unfortunately the local Echo paper of 17 November lives of Victorian communities, especially in regional reported that the government refused to rule out and rural areas. I look forward to continuing to work delaying the project or commit to the upgrade. The with the minister; the president of the Torquay Surf spokesperson for the minister was reported as having Lifesaving Club, Ian Turner; the president of the Jan said: Juc Surf Life Saving Club, Malcolm Leigh-Smith; and all members of both clubs to ensure the construction of … Portarlington school would benefit from the government’s better facilities to benefit the wider community. increased commitment to maintenance funding … Port of Melbourne Corporation: privatisation The school clearly needs much more than maintenance. The works must be done. The plans have been Mr FOLEY (Albert Park) — The matter I wish to developed by the school, and everyone but the minister raise is for the attention of the Minister for Ports. The agrees that the school must be rebuilt and it must be specific action I seek from him is to rule out for the rebuilt urgently. The wonderful work that the staff do, term of this Parliament the Liberal-Nationals coalition supported by families and volunteers from the local government privatising the Port of Melbourne community, needs to be matched with up-to-date, Corporation or indeed any other government-owned 21st century facilities. Members of the school port entity or facility. I seek this assurance for a number community have worked hard and have waited of reasons. Firstly, the coalition has form. When last in patiently. Now is the time for the government to government it showed itself to be the arch privatiser support them. I call on the minister to guarantee that the
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5688 ASSEMBLY Wednesday, 23 November 2011 generally and specifically in relation to state-owned government and particularly this minister will not be ports. Faced with the prospect of pocketing a cool able to resist the temptation. $3 billion or so by giving into the temptation, it is likely that this government is not going to be able to resist. Responses Secondly, because of the minister’s commitments in this place only yesterday we now have an indication Ms ASHER (Minister for Tourism and Major that the government is positioning to do this very thing. Events) — The member for Narracan has raised funding for two events in his electorate: the Gippsland Yesterday in debate in this place the member for Signature Dish Competition and the Palate of Passions Tarneit prompted the minister by asking: Festival, both to be held in 2012. The member for Narracan has been a very strong advocate for his Will this government privatise one of Australia’s most constituency overall but particularly in the area of important pieces of infrastructure? tourism, because he understands this is a very important And finally, after three invitations to commit to the economic generator for regional Victoria. The government’s position, the Minister for Ports said, as Gippsland Signature Dish Competition will be held at reported at page 59 of Daily Hansard of yesterday: Lardner Park in Warragul in March 2012, as the member has explained. The idea behind this event is to No such plans. show chefs producing their signature dishes using local produce in front of an audience. Again, local produce is This of course is a mealy-mouthed commitment such an important feature of the food and wine industry because, as demonstrated by this government’s and the tourism industry for Victoria. submission to Infrastructure Australia, it has no plans for anything. It has no plans for a port and no plans for The Palate of Passions will be held in the Baw Baw delivering the infrastructure it has sought. Having won region throughout February and April 2012, and as the government with no plans, as evidenced by the member for Narracan said, a number of food and wine previous 12 months, it figures it is on a winner and events, such as the Long Lunch on the trestle bridge at questions why it should change a winning formula. Noojee, will be held together with the signature event. I thank him for his invitation to that. It is probably The third reason I seek this commitment is that the important that the Brighton-based minister for tourism minister was only too ready to give this commitment to support regional events. I note that there are other my local community before the last election, especially Brighton-based members in this chamber, but I think I to those groups concerned about the third container will be supporting the regions in this instance, subject handler at Webb Dock in Port Melbourne. But he has to invitation. gone strangely silent on the issue since he has occupied the government benches and those same groups have As I said, the member for Narracan is a longstanding sought a commitment. He seems reluctant to give a advocate for local tourism opportunities. I look forward commitment to those same community groups that to many visits to his electorate over the years ahead. have sought an undertaking. The community of the port The coalition government, through Tourism Victoria’s of Melbourne knows this minister is ducking the hard Country Victoria Events program, has allocated questions, but as the recent Infrastructure Australia $45 000 to Destination Gippsland Limited to help submission shows, he is starting to let the cat out of the support the tourism marketing of five events in the bag. Gippsland region to be held in 2012. The campaign is known as Inspired by Gippsland. We know the Liberal Party was the arch privatiser when it was last in government, and we know of its The member for Narracan has outlined two of those temptation when it starts putting skin into the game to events. The other three events that will be part of the demonstrate to Infrastructure Australia that it will have marketing push will be the Inverloch Wine and Food some plans at some stage during the life of this Festival, which has the very strong support of the Parliament to invest in the necessary infrastructure to member for Bass; the Boolarra Folk Festival, which has which it has apparently sought to commit in its recent the very strong support of the member for Morwell; and submission. We know that when it comes to the the Mossvale Music Festival, which has the very strong $9 billion price tag for the port of Hastings support of the member for Gippsland South, who is development it is going to have to demonstrate at some otherwise known as the Deputy Premier. In 2011 these point its commitment to both fund the east–west events combined attracted 22 500 visitors, which was crossing of the river and provide a contribution towards 30.5 per cent of the overall visitation to the region, and the port of Hastings. In that context we know that this provided an economic impact to the region of
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Wednesday, 23 November 2011 ASSEMBLY 5689
$1.75 million. Part of this funding will also be used to libraries that have been upgraded or newly built, I see a support and develop an iconic water-based event for the lot of work that has been created for builders, region. carpenters and shops in the area that provide goods and services to the libraries and the extensions. It is a great Ms Neville interjected. thing when areas have new developments, particularly in regional Victoria. We have also provided Ms ASHER — The member for Bellarine is inviting $100 million in the Local Government Infrastructure me to her electorate. I caution the member for Bellarine Fund which can also be assessed to fund library that she may not want me in her electorate because the projects in regional areas. purpose of my visit may not be very good for her. I recently attended the opening of the Euroa library, Tourism marketing and event development of these which is also in the member for Benalla’s electorate. local events attracts interstate and intrastate visitation, That was a refurbishment where three shops were put which in turn provides an economic boost to local together and made into one library. It is in the main businesses in accommodation, retail and hospitality. I street, and I hear the men love going there. If the am delighted to assist the member for Narracan, and I women want to go shopping in the main street, then the look forward to taking many opportunities to visit his men can go into the library, have a cup of coffee and electorate. read magazines or a book while they are waiting for Ms Neville — On a point of order, Acting Speaker, their partners to finish shopping — so it was a the Minister for Tourism and Major Events has much-needed library. indicated that I may have some concerns about her The importance of libraries was noted by the member visiting my electorate. I thought we were on the same for Benalla. Libraries do not just lend books; they side in promoting the Bellarine Peninsula. I am very become the hub of the community. A lot of people happy for her to visit. learn to use computers at the library, and a lot of The ACTING SPEAKER (Mr Nardella) — schoolchildren now go to the library to study. Libraries Order! There is no point of order. have much-needed books, but they are much more than that. There is also the technology that is available in Mrs POWELL (Minister for Local Government) — libraries, with wi-fi and borderless libraries. The use of The member for Benalla raised with me a request to libraries is broadening right across the state. visit his electorate and in particular the Alpine shire. The member for Benalla would like me to have a look I have initiated a library ministerial advisory council at the libraries in his electorate. He is lobbying very which has just had its first meeting. The advisory strongly for funding, as a good local member does. A council will look at the new role of libraries, the number of councils and regional libraries have put in funding of libraries, the current role of libraries and the applications for funding from the Living Libraries community’s future needs from libraries. For the first infrastructure program. The member for Benalla has let time this is a bipartisan committee, which is great. The me know that his councils have also put in applications. chair is the member for Mornington, who is also the Parliamentary Secretary for Local Government. The The Baillieu government is investing $17.2 million into member for Macedon, from the Labor Party, is the the program, which will deliver at least 40 new or deputy chair of that committee. The member for upgraded library facilities across the state in the next Mildura, from The Nationals, is also on that committee, four years. The first round of funding applications has as are other stakeholders. recently closed, so I look forward to getting recommendations from the department as to which I advise the member for Benalla that I look forward to areas are in most need of new libraries, library coming to his electorate. If the member can organise a renovations or upgrades to mobile libraries. Our time, I would be happy to go there. I look forward to government has also lifted the maximum threshold of seeing firsthand the wonderful work that the libraries in funding from $500 000 to $750 000 in recognition of the Alpine shire do and the value that they add to their the increased costs to libraries. We understand that communities. building costs have now increased and that libraries are Mr DIXON (Minister for Education) — The looking to upgrade some of the outdated facilities. member for Bellarine raised with me an issue regarding Our government’s investment in library infrastructure Portarlington Primary School, which she rightly says I will deliver much-needed local jobs in local have visited. She mentioned a number of issues at the communities. As I travel around the state and look at school that require the school to be rebuilt. The issues
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5690 ASSEMBLY Wednesday, 23 November 2011 there include rising damp, rotting windows, asbestos, consultation period for the Essential Services leaking roofs and so on. Obviously all that damage has Commission vocational education and training fee and not occurred since 27 November last year. This has funding review. I will refer that matter to the minister been an ongoing issue with the school, and rotting for his direct response. windows and leaking roofs point to a lack of maintenance. The member for Broadmeadows raised a matter for the attention of the Premier. The action he sought was that As we have just found out through an audit of a number the Premier establish an independent FOI of schools in Victoria, by a conservative estimate there commissioner. I will refer that matter to the Premier for is $300 million worth of maintenance required around his direct response. the state. Unfortunately schools like Portarlington get to the stage where they are spending a lot of money on The member for Ballarat East raised a matter for the maintenance, even hundreds of thousands of dollars. I attention of the Premier, and the action he sought was think we have got 26 schools with more than $1 million for the Premier to provide and deliver capital projects in worth of maintenance required. You get to the stage Ballarat East. I will refer that matter to the Premier for where you question whether it is even worth spending his direct response. that amount of money. The member for Murray Valley raised a matter for the The member is concerned that the maintenance audit attention of the Minister for Higher Education and we have announced may bring capital works to a halt, Skills, and the action he sought was for the minister to but that is certainly not the case. They are two different visit the Murray Valley electorate and speak to the things. Maintenance is recurrent money, and that tertiary institutions there. I will refer that matter for the maintenance audit is separate from capital works. minister’s attention. Portarlington Primary School is one of the schools which is a fair way down the planning track, but it has The member for Albert Park raised a matter for the not gone to the final drawings stage. Funding for those attention of the Minister for Ports, and the action he repairs would come out of the capital budget, and that sought was for the minister to provide an assurance that will certainly be considered as part of this year’s he would not privatise the Port of Melbourne budget. I remind the member that the $1.4 billion that Corporation. I will refer that matter to the minister for was wasted on IT projects would have paid for all the his direct response. maintenance in our schools. We could have gold-plated The member for South Barwon raised a matter for the schools at Portarlington and a number of other places, attention of the Minister for Police and Emergency but we are struggling. Services, and the action he sought was for the minister For the interest of the member and the house, I have to visit the Torquay and Jan Juc surf lifesaving clubs to 200 schools that are either master planned or their view their plans for redevelopment and speak to the drawings are at the stage where they are ready for presidents of the two clubs. I will refer that matter to the construction, so there are a lot of schools that we have attention of the minister for his direct response. inherited that are almost ready for capital works but The ACTING SPEAKER (Mr Nardella) — have been forced to wait for many years. As I said, the Order! The house is now adjourned. maintenance is quite separate from the capital, and one is not relying on the other. We will certainly consider House adjourned 10.41 p.m. the school’s needs as part of this year’s budget considerations.
Mr KOTSIRAS (Minister for Multicultural Affairs and Citizenship) — The member for Evelyn raised a matter for the attention of the Minister for Health. The action she sought was for the minister to review the structure of the Greater Metropolitan Cemeteries Trust. I will refer that matter to the minister for his direct response.
The member for Eltham raised a matter for the attention of the Minister for Higher Education and Skills. The action he sought was that the minister extend the