PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Tuesday, 25 October 2011 (Extract from book 17)
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
TUESDAY, 25 OCTOBER 2011 Friends of Koolunga...... 4791 Robert Ives ...... 4791 ABSENCE OF MINISTER...... 4775 Knox Churches Soccer Club: funding...... 4791 QUESTIONS WITHOUT NOTICE Ferntree Gully electorate: student leaders lunch .... 4791 Public sector: government wages policy...... 4775 Tasty Trucks...... 4791 Puppy farms: regulation ...... 4775 Newport Gardens Primary School: opening...... 4791 Police: enterprise bargaining.... 4775, 4777, 4778, 4780 Mildura: arts facilities ...... 4792 Bushfires: royal commission recommendations...... 4776 VCA Foundation ...... 4792 Environment: Communities for Nature grants...... 4777 Country Fire Authority: Bayswater brigade...... 4792 Water: trading agreement...... 4779 Melbourne International Arts Festival...... 4792 Honorary justices: government support...... 4780 Lyn Swinburne ...... 4792 St Mary’s House of Welcome ...... 4792 JUSTICE LEGISLATION FURTHER AMENDMENT Multicultural affairs: Forest Hill electorate ...... 4793 BILL 2011 Nunawading Soccer Club: presentations...... 4793 Introduction and first reading...... 4781 Carbon tax: economic impact ...... 4793, 4795 PUBLIC PROSECUTIONS AMENDMENT BILL 2011 Republic of El Salvador: humanitarian Introduction and first reading...... 4781 assistance...... 4793 PLANNING AND ENVIRONMENT AMENDMENT Mildura: home show...... 4793 (SCHOOLS) BILL 2011 Red Cliffs Primary School: royal visit outing ...... 4794 Introduction and first reading...... 4781 South Asian Community Link Group: DOMESTIC ANIMALS AMENDMENT (PUPPY FARM fundraising...... 4794 ENFORCEMENT AND OTHER MATTERS) BILL Water: Tankulator...... 4794 2011 Bill and Ruby Hoskins: 71st wedding Introduction and first reading...... 4781 anniversary ...... 4794 MINES (ALUMINIUM AGREEMENT) AMENDMENT Keith and Gillian Horlock: 50th wedding BILL 2011 anniversary ...... 4794 Introduction and first reading...... 4782 Motocross: KTM Ride4Kids...... 4794 STATE TAXATION ACTS FURTHER AMENDMENT Marion Blaze...... 4794 BILL 2011 Ballarat: parliamentary education visit...... 4794 Introduction and first reading...... 4782 Ballarat Outrigger Academy...... 4795 LIQUOR CONTROL REFORM FURTHER Practically Green Festival: Kids Teaching Kids AMENDMENT BILL 2011 conference...... 4795 Introduction and first reading...... 4782 Patterson Lakes Primary School: Cyber Girls PARKS AND CROWN LAND LEGISLATION chess team...... 4796 AMENDMENT BILL 2011 Carrum volunteer coastguard: Kingston Introduction and first reading...... 4783 Guardian...... 4796 SERIOUS SEX OFFENDERS (DETENTION AND Mates Day on the Bay...... 4796 SUPERVISION) AMENDMENT BILL 2011...... 4783 Mount Tarrengower: hill climb...... 4796 BUSINESS OF THE HOUSE Maldon Folk Festival...... 4796 Notices of motion: removal...... 4783 Gilad Shalit ...... 4796 Program ...... 4785 Courage to Care: exhibition...... 4796 Glen Eira College: Just BU panel...... 4797 PETITIONS Sukkot in the City ...... 4797 Gisborne Secondary College: funding ...... 4783 Preston Reservoir Adult Community Education...... 4797 Medical practitioners: physician associates ...... 4783 Maroondah Prevention and Recovery Care: Planning: green wedge development...... 4784 opening...... 4797 Bacchus Marsh: Avenue of Honour ...... 4784 Mooroolbark Football Club: awards...... 4797 SCRUTINY OF ACTS AND REGULATIONS Wedge–Frankston-Dandenong roads, Carrum COMMITTEE Downs: traffic management ...... 4798 Alert Digest No. 12...... 4784 Frankston: graffiti strategy...... 4798 DOCUMENTS ...... 4785 Turkey: earthquake...... 4798 ROYAL ASSENT...... 4785 TRANSPORT LEGISLATION AMENDMENT (PUBLIC APPROPRIATION MESSAGES ...... 4785 TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011 MEMBERS STATEMENTS Second reading ...... 4798 Aboriginals: war service exhibition...... 4790 PUBLIC INTEREST MONITOR BILL 2011 Doveton: reunion ...... 4790 Ferntree Gully North Primary School: Statement of compatibility ...... 4832 production ...... 4791 Second reading ...... 4833
CONTENTS
SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) BILL 2011 Second reading...... 4836 ADJOURNMENT Belgrave-Hallam–Narre Warren North roads, Narre Warren North: safety...... 4852 Timber industry: government policy...... 4852 Youth: Berwick housing ...... 4853 Mount Waverley Secondary College: ministerial visit ...... 4853 Melton Highway: safety ...... 4854 Whooping cough: vaccination ...... 4855 Canterbury Road Urban Forest: future...... 4855 Rail: Southland station...... 4856 Victorian certificate of applied learning: funding...... 4856 Occupational health and safety: national harmonisation ...... 4857 Responses ...... 4857
QUESTIONS WITHOUT NOTICE
Tuesday, 25 October 2011 ASSEMBLY 4775
Tuesday, 25 October 2011 Further, the government will shortly introduce legislation to the Parliament seeking in particular to The SPEAKER (Hon. Ken Smith) took the chair at increase penalties. This will implement the coalition 2.04 p.m. and read the prayer. government’s election commitment to increase penalties for and to close down illegal and cruel puppy farms. The bill will increase penalties and powers for ABSENCE OF MINISTER courts and introduce measures for council-authorised officers and RSPCA officers to manage illegal, The SPEAKER — Order! Before I call for substandard or cruel dog breeding enterprises. There questions, I inform the house that the Minister for will be penalties of up to $20 000 for conducting an Education will be absent from question time today unregistered breeding establishment and penalties of up owing to a family bereavement. The Minister for to $30 000 for conducting a cruel breeding Community Services will take questions on behalf of establishment that does not comply with the code of the minister. practice for the operation of breeding and rearing establishments. The bill will include new powers for the QUESTIONS WITHOUT NOTICE seizure and disposal of dogs through animal shelters and foster care networks to improve the opportunity for Public sector: government wages policy these dogs to be successfully re-homed with caring families. Mr ANDREWS (Leader of the Opposition) — My question is directed to the Treasurer. I ask: can the These are tough new provisions, but we believe they Treasurer confirm that the government’s wages policy will ensure an improved standard of welfare for puppies remains 2.5 per cent per annum plus bankable and breeding dogs. The Minister for Agriculture and productivity? Food Security will shortly commence a review of the code of practice with a view to addressing preventive Mr WELLS (Treasurer) — I thank the Leader of measures and to ensuring that animal welfare the Opposition for his question. The government’s requirements for breeding establishments accord with policy is clearly 2.5 per cent plus productivity savings contemporary expectations. The bill will create an and offsets. We have that policy in place, and it is a Animal Welfare Fund, which will provide grants to policy we are sticking to. animal welfare organisations. The government is delivering on an election commitment, and we intend to Puppy farms: regulation ensure that anybody who is operating an illegal and inappropriate breeding establishment will face the full Ms MILLER (Bentleigh) — My question is to the weight of the law. Premier. Can the Premier inform the house of action the government is taking to outlaw illegal puppy farms in I had the opportunity of attending the Lost Dogs Home this state? with Dr Graeme Smith on Sunday, and these measures were widely and warmly welcomed. These measures Mr BAILLIEU (Premier) — I thank the member will increase penalties, there will be tougher for her question and her interest in this subject. I am enforcement and the preventive measures that will sure members would be aware that illegal and accompany the revised code will ensure that this inappropriate puppy breeding has been an intractable practice, which has been distasteful to so many people problem and one that has been very difficult to deal for so long, will be a thing of the past. We look forward with. A code of practice was introduced in 2004, and to these measures being supported by the house. that was intended to deal with this issue. I recognise that efforts were made. Nevertheless the problems of Police: enterprise bargaining overcrowding, cage confinement, sanitation, starvation, dehydration, perpetual pregnancy and totally Mr ANDREWS (Leader of the Opposition) — inappropriate breeding behaviour have continued. We Again my question is directed to the Treasurer. I thank indicated in opposition that we would introduce new him for his answer a moment ago. I refer the Treasurer powers and new penalties and take further preventive to the government’s offer to the Police Association, and measures. That is what we have done. We introduced I ask: what is the recurrent dollar cost to the state’s new regulations to provide additional authority and budget of that offer? How much does the deal cost? powers for RSPCA (Royal Society for the Prevention of Cruelty to Animals ) inspectors. Mr WELLS (Treasurer) — I thank the Leader of the Opposition for his question. There are still a number
QUESTIONS WITHOUT NOTICE
4776 ASSEMBLY Tuesday, 25 October 2011 of processes to go through. We have put an offer on the Bushfires: royal commission recommendations table for TPA (the Police Association) and TPA will put that to a vote of its members. Once it decides, it will Mr McCURDY (Murray Valley) — My question is come back to the government — — to the Deputy Premier and Minister for Bushfire Response. Can the minister update the house on action Mr Andrews — On a point of order, Speaker, the the coalition government is taking to deliver on its question related to the commitment of taxpayers commitment to implement all of the dollars. I know the government does not want to detail 67 recommendations of the bushfires royal the terms of the offer, but there is no prohibition at all commission? on the Treasurer answering the question and letting Victorians know how much this deal costs. Mr RYAN (Minister for Bushfire Response) — I thank the member for his very appropriate question. As The SPEAKER — Order! There is no point of the house knows, the government has committed to the order. The Treasurer was answering the question that implementation of all 67 recommendations of the was asked. bushfires royal commission. This week I have announced the details in relation to our implementation Mr WELLS — As I was saying, there are a couple of recommendation 46 of the commission’s work. In of steps that need to be taken. Firstly, we have an offer essence what this will do is provide a scheme whereby on the table for the Police Association to consider. people who are eligible for the arrangements which we What it will then do is either accept or reject that offer. are putting in place will be able to sell to the government their land under a variety of criteria that I Honourable members interjecting. have outlined to those folk. The SPEAKER — Order! The Leader of the Eligibility for the scheme will be based around those Opposition asked his question. I ask him to be silent owners whose principal place of residence was and listen to the answer. destroyed in the bushfires — in the Gippsland fires and Mr WELLS — Once the Police Association has on Black Saturday 2009. It will be applicable to those made the determination of whether it accepts that deal who are the owners of those properties but who have or not, then it will come back to the government. Once not commenced rebuilding on their land. I make that we have an arrangement — — point because one of the issues that has already arisen is that some of the people who are able to access this Honourable members interjecting. scheme have actually moved away from wherever their location may have been on the day that that terrible The SPEAKER — Order! The member for disaster occurred, and I have been asked whether those Lyndhurst is on a warning. people, having started to rebuild on another parcel of land, are qualified to access this scheme. The answer Mr Andrews — On a point of order, Speaker, the clearly is yes, they certainly can. question related to the cost of this deal to Victorian taxpayers. The Treasurer seems to be refusing to Furthermore, those people who will qualify will be provide any information that is even vaguely relevant. those where there is no site available on the property How much taxpayers money does this deal cost? How that would enable a replacement dwelling to be located much, and where is the money coming from? It is a at a distance greater than 100 metres from a forested very simple question. area. In adopting these eligibility criteria the government has had careful regard to the advice from The SPEAKER — Order! The answer was relevant the commission contained within the report; it has had to the question that was asked. regard to the evidence which was called before the commission; it has had regard to the commentary by Mr WELLS — As I was saying, there is a process. the commission in the course of its findings; and of If, for example, TPA accepts the offer that has been put course it has had careful regard to the recommendation forward by the government, then at that point we will itself. The government has focused, as I say, on those be able to be in a position to release the details of the properties where there were dwellings that were agreement that has been offered to the police. damaged or destroyed by the bushfires in 2009. Honourable members interjecting. I want to highlight to the house that this is an entirely The SPEAKER — Order! The member for voluntary scheme. There is no obligation upon any Lyndhurst is on his second warning. landowner within the eligibility to actually have to sell
QUESTIONS WITHOUT NOTICE
Tuesday, 25 October 2011 ASSEMBLY 4777 his or her or their property as a result of this scheme. It government’s election commitment of 1700 extra is entirely voluntary, and I make that point because I police plus the 940 protective services officers is that it know that in communities that have been devastated by is about making Victoria safe again after 11 years of the fires there is a sense, a belief in some people’s neglect by the former government. What is important to minds, that there is some sort of compulsory acquisition us is to make sure that we have a flexible workforce on the part of the government. Nothing could be further with Victoria Police. Reforms to rostering is one of from the fact. those areas.
This scheme is structured on the basis of being entirely Other areas include extending operational, tactical and voluntary for those who wish to access it. There will be safety training, more balanced provisions for part-time information sessions which will be conducted in the workers; and a more efficient arrangement when it coming weeks over a dozen locations in the comes to allowances and processes for unexplained fire-affected areas where people who are prospectively absences. We believe we will now have a more flexible able to access the scheme will be able to come along workforce, we will have a more efficient police force. and find out the finer detail and have input in relation to We believe the offer that has been put to TPA is fair: it. we believe it is a fair offer for police and is also good value for the Victorian taxpayer. I can also announce that a bushfire land acquisition panel is being established to oversee the operation of Mr Andrews — On a point of order, Speaker, I the scheme. It will be chaired by Pat McNamara, who is make the point that I asked the Treasurer very clearly known to everybody in the house and has broad for a dollar value and for the nature of the productivity. experience around these issues. Patrick chaired the He has refused to answer yet again. Victorian Bushfire Appeal Fund and did a magnificent job in that role. He will bring his skill and experience to The SPEAKER — Order! The Treasurer has this. We have allocated initially $50 million to this completed his answer. program. If people are eligible for the program and want to access it and more money is needed, we will Environment: Communities for Nature grants have regard to that at the appropriate time. The Labor Mr KATOS (South Barwon) — My question is to government could never do this; it turned its back on the Minister for Environment and Climate Change. these people. We are doing it as part of our role. Will the minister inform the house of how the Victorian Police: enterprise bargaining government is supporting local community groups across Victoria to undertake practical and effective Mr ANDREWS (Leader of the Opposition) — My works to protect and enhance the local environment? question is to the Treasurer. I ask the Treasurer to detail the bankable productivity and offsets central to the offer Honourable members interjecting. made to the Police Association (TPA) — I stress the The SPEAKER — Order! If I hear any further ‘offer’ made by the government. What is the nature of mooing from the members of the opposition I will be those bankable productivities and offsets, and what is herding a few people out the door. the dollar cost of those productivities and offsets? Mr R. SMITH (Minister for Environment and Mr WELLS (Treasurer) — I thank the Leader of Climate Change) — I thank the member for South the Opposition for his question. This police deal is Barwon for his question, and I note his ongoing passion strictly in line — — for maintaining the environmental health and diversity Mr Andrews interjected. of the Geelong region.
Mr WELLS — The police offer is consistent with I am immensely proud to inform the house that the the government’s wages policy — — coalition government is delivering on yet another commitment to provide significant support to Victorian Mr Andrews interjected. communities to undertake important environmental action. Earlier this month I was out with the member The SPEAKER — Order! The Leader of the for Forest Hill and members of one of his local Opposition is on a warning. environment groups at Bellbird Dell, a wonderful public open space in the Forest Hill electorate. It is very Mr WELLS — It is 2.5 per cent plus productivity well used and is a valuable asset to the area. I have to trade-off. What is very important with the say that even though it was a very wet day there were
QUESTIONS WITHOUT NOTICE
4778 ASSEMBLY Tuesday, 25 October 2011 still a number of people out there enjoying the public I encourage all community groups and all land open space. We met with the volunteer group out there, managers to get out and to continue the great work they and the space is a credit to the work it does to ensure are doing with the support of the Victorian that particular area is preserved for generations to come. government’s $20 million community grants program. I encourage them all to apply for those grants and again It gave me great pleasure to launch yet another coalition congratulate them for the work that they do. government commitment with the member for Forest Hill, the $20 million Communities for Nature grant Police: enterprise bargaining program. This program will provide grants of between $10 000 and $150 000 to community groups right Mr ANDREWS (Leader of the Opposition) — My across the state to help them achieve significant question is to the Treasurer. I refer the Treasurer to environmental outcomes in their local areas. These page 56 of budget paper 3, which details the grants will support local communities to protect and $602 million for 1700 additional police, and I ask: can enhance their local environments through activities the wage rise offered by the government to the Police such as biodiversity and habitat preservation, Association be funded and covered by that revegetation, cleaning up the waterways and indeed a $602 million? host of other environmental work. Mr WELLS (Treasurer) — I thank the opposition This program delivers on the coalition government’s leader for his question. It is a pity he is reading the election commitment to provide practical assistance to wrong part of the budget, because if he had gone to help local communities make a positive difference in budget paper 2, on page 26, he would see it has the improving, protecting and conserving the environment. expenses for employees set out for 2010–11, 2011–12, This grants program is specifically targeted to a range 2012–13, 2013–14 and 2014–15. But it goes further. of community groups — not just conservation and Let me read this part to you. environment groups but to schools and sporting clubs, and any groups that want to improve the environment Honourable members interjecting. in which they operate. These grants recognise and Mr WELLS — And I think the member for support the many volunteers across Victoria who value Lyndhurst is trying to shaft you, so let me point this out. their environment, and I acknowledge the many hours On page 28 it states: these volunteers put in to work on the environment within their communities for the benefit of all Employee expenses (including superannuation), which Victorians. account for around 41 per cent of operating expenditure, are projected to grow from $19.2 billion in 2011–12 to This $20 million Communities for Nature grants $21.7 billion in 2014–15 or by 4.1 per cent on average a year. program will support practical community action in the The year on year growth primarily reflects the wages costs associated with growth in services required for a growing environment to create visible and lasting improvements. community, including the delivery of additional police, It will foster greater enjoyment of the natural protective services officers and child protection staff, as environment and will encourage participation of these well — — community groups right across the state. The program Mr Andrews — On a point of order, Speaker, the is all about supporting the work of people in both urban question related to the government’s offer and whether and rural communities who freely give up their time to the government’s offer can be paid for, given the care for Victoria’s land, water and biodiversity. It is a allocations under its wages policy of 2.5 per cent, not real pleasure to travel around this state to meet with and 4.7, and that is the matter that the Treasurer should talk to these people, to hear their stories and to see what account for to this house and to all Victorians. they have achieved. Recently I was in the east of the state with the member for Gippsland East to have a The SPEAKER — Order! I do not uphold the point look at some of the great work that has been done in of order. transforming some of that landscape into a beautiful and diverse wetland. Mr WELLS — Let me make it clear: the last sentence on page 28 of budget paper 2 says, and let me This is a great program that joins the other programs read it: this government has released: the $600 000 to Landcare and the $12 million to support Landcare facilitators. The year on year growth primarily reflects the wages costs Indeed with this program this government is supporting associated with growth in services required for a growing the practical outcomes that we will get from supporting community, including the delivery of additional police, protective services officers and child protection staff, as well these volunteer groups out in their communities.
QUESTIONS WITHOUT NOTICE
Tuesday, 25 October 2011 ASSEMBLY 4779
as anticipated increases in the cost of wages in line with the would have had to find would have put the price of government’s wages policy. water up for irrigators, depending on where they were Mr Andrews — On a point of order, Speaker, I am in the Goulburn-Murray water footprint, by anywhere not sure if I misheard the Treasurer, there was some between 25 per cent and 45 per cent, which the noise in the chamber, but the Treasurer seemed to irrigators would not have been able to afford. suggest that this outcome — quoting from that The third component of this particular deal that has document, budget paper 2 — was in line with the been signed with the commonwealth is another government’s wages policy, which the Treasurer just $43.7 million for on-farm irrigation efficiency confirmed is 2.5 per cent, not 4.7 per cent. You are a programs. There were more bids than there was money joke! in the last round of commonwealth funding for the The SPEAKER — Order! I do not uphold the point irrigation efficiency program, so this money will of order. hopefully fulfil all the unmet demand for the water irrigation efficiency project. In total this will deliver Mr WELLS — I will repeat the very last section of 216 gigalitres of water to the commonwealth. the last sentence: ‘as well as anticipated increases in the cost of wages in line with the government’s wages The other part of the agreement is in regard to the 4 per policy’. cent cap on irrigation trades out of the Goulburn-Murray irrigation district. There was Water: trading agreement approximately 88 gigalitres of water that the irrigators were offering to the commonwealth that was held up in Dr SYKES (Benalla) — My question is to the that cap. We are going to allow that water trade to go Minister for Water. Can the minister inform the house through. In my discussions with the irrigators and with of the irrigation upgrade deal signed with the Goulburn-Murray Water, they said they believed it was commonwealth last week and the benefits this logical for those trades to go through because to go and agreement will have for the Goulburn-Murray irrigation modernise the system and then have that water traded district? away over the next two to three years meant that we may have ended up with even more stranded assets than Mr WALSH (Minister for Water) — I thank the we are likely to have in the future, so that has generally member for Benalla for his question. After many been welcomed by most people in northern Victoria. months of negotiation with the commonwealth, the Baillieu government has finalised the long-awaited What we have here is a very enhanced deal — agreement on stage 2 of the NVIRP (Northern Victoria something that has been on the table effectively since Irrigation Renewal Project). It has been a very long and 2008. This has been announced a number of times, but drawn out negotiation. I put on the record my thanks to finally we have ink on paper. One of the things that I members of the Department of Sustainability and was very firm about was that I did not want just another Environment staff who have been part of this political announcement; I actually wanted to have ink negotiation; it has been a very complex one. on paper so that people had some surety. Following the signing of the heads of agreement by the Premier and I can inform the house that what was originally on the the Prime Minister, I met in Tatura last Tuesday table has now been enhanced significantly. NVIRP 2 is morning with Tony Burke, the commonwealth Minister now made up of three components. The first component for Sustainability, Environment, Water, Population and is $953 million from the commonwealth for what was Communities, and we both signed the funding the original funding of NVIRP 2. schedule. There is now certainty for the irrigators in northern Victoria, and there is certainty for the The second component is an additional $219 million in communities that rely on the irrigation industry for their return for the 102 gigalitres in savings that was going to prosperity in northern Victoria. go to the irrigators and which will now be sold to the commonwealth. That money will now go to I would just like to put on the record a quote from the Goulburn-Murray Water to make up for the Country News of 24 October. It states: $100 million contribution the irrigators were going to have to make to food bowl 1 and the $100 million Foodbowl Unlimited chairman Dudley Bryant has contribution the irrigators were going to have to make congratulated Victorian water minister Peter Walsh and said he was delighted Mr Walsh had worked diligently to finally to food bowl 2, something the previous government achieve what had been announced twice before — never accounted for in what it was proposing at that particular time. The contribution that the irrigators and never signed.
QUESTIONS WITHOUT NOTICE
4780 ASSEMBLY Tuesday, 25 October 2011
Police: enterprise bargaining giving the opening address to the centenary conference of the Royal Victorian Association of Honorary Mr MERLINO (Monbulk) — My question is to the Justices. Since 1910 that association has played an Premier. Is it not a fact that the timing and quantum of important role in delivering justice services here in the offer to the Police Association was less about good Victoria. It provides support and training, and faith bargaining than it was about keeping secret the opportunities, for Victoria’s honorary justices. There recording of his offer to the Police Association before are approximately 4800 justices of the peace in Victoria the election? and 500 bail justices. The Royal Victorian Association of Honorary Justices has branches in many parts of Mr BAILLIEU (Premier) — Can I simply say to regional Victoria and metropolitan Melbourne, and it is the member, ‘Come in spinner!’? The people of the largest and oldest group representing the interests of Victoria remember a certain secret deal done before the honorary justices in Victoria. 2006 election — — As many honourable members would be aware, justices Ms Allan — On a point of order, Speaker, I of the peace have a record of service that stretches back appreciate that it is very early in the Premier’s answer, over centuries, since their establishment in England as but it is pretty clear that he is already starting to debate officers of the Crown charged with securing the peace the question, a question that was very clearly about in their respective districts. While the role of honorary arrangements under his leadership and his government. justices has changed over the years, their important They are the questions that we would like answered in service continues as persons of standing in the this house. community who can witness documents and perform other duties requiring an objective and independent The SPEAKER — Order! I do not uphold the point third party. of order. The Premier was very early into the answer he was giving. Since coming to office the coalition government has been determined to restore the standing, community Mr BAILLIEU — The member making the point recognition and independence of honorary justices, of order is clearly a sensitive member, because, as I say, which regrettably was undermined under the previous Victorians remember that deal. That may have been the government. We are putting in place reforms to ensure way it was done in the past — it may have been the that any termination of the appointment of an honorary way it was done under previous ministers in the justice will only occur on the decision of an previous government — but we have undertaken a fair independent and respected decision-maker. This will and good faith process — — include any non-reappointment of a bail justice who Honourable members interjecting. seeks reappointment.
The SPEAKER — Order! The Leader of the We have also made it clear that we will allow justices Opposition will desist. of the peace to retain the title ‘JP’ without being required to be available for active duty when they can Mr BAILLIEU — The answer to the member’s no longer continue to perform their duties because of question is no, because the commitments that I made to their age, ill health or other good reason. We have the Police Association are the same commitments that I rejected the suggestion made under the previous have made in public and indeed the police minister has government that JPs should be appointed only for made in public. limited terms. However, we have also made it clear that we expect that persons who accept appointment as Honorary justices: government support honorary justices should make themselves available for duty on a reasonable basis, because it is unfair to other Mr NEWTON-BROWN (Prahran) — My question hardworking honorary justices if a minority shirk their is to the Attorney-General. Can the Attorney-General responsibilities. advise the house of recent developments in the government’s support for Victoria’s important honorary Under another reform the Honorary Justice Office will justice community? provide training for all prospective JPs prior to appointment, free of charge. The training package for Mr CLARK (Attorney-General) — I thank the bail justices is also being updated. Under the previous honourable member for his question and for his interest government’s legislation bail justices are appointed for in the institutions of justice in Victoria. His question is a limited term of five years and persons aged over 70 very timely, because on Sunday I had the honour of can only be appointed as acting bail justices. I have
JUSTICE LEGISLATION FURTHER AMENDMENT BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4781 instructed the Honorary Justice Office to invite all bail PUBLIC PROSECUTIONS AMENDMENT justices approaching the age of 70 to indicate if they BILL 2011 would be interested in continuing to serve under an acting appointment, and I have made clear that I intend Introduction and first reading to reappoint as an acting bail justice any serving bail justice who is willing to continue to serve unless there Mr CLARK (Attorney-General) — I move: is clear justification for non-reappointment. This means That I have leave to bring in a bill for an act to amend the that active volunteers reaching 70 years of age, whose Public Prosecutions Act 1994 in relation to the public experience and dedication would otherwise be lost to prosecutions service and the Public Administration Act 2004 the community, are able to continue to serve. and for other purposes.
I am also very pleased to inform the house today of the Ms HENNESSY (Altona) — I ask that the appointment of 22 new justices of the peace, whose Attorney-General provide a brief explanation of the bill. appointment was approved by the Governor in Council Mr CLARK (Attorney-General) — This bill makes this morning. Applications for appointment as a JP are a number of reforms to the structure, operations and now being accepted from across Victoria, and I look role relationships at Victoria’s various public forward to making further appointments of persons who prosecution offices. are willing and able to serve the community in performing the important document-witnessing role and Motion agreed to. other duties undertaken by JPs. After years of mismanagement and neglect by the previous Read first time. government, the Victorian coalition government is proud to actively support and acknowledge the fine work of Victoria’s honorary justices. PLANNING AND ENVIRONMENT AMENDMENT (SCHOOLS) BILL 2011
JUSTICE LEGISLATION FURTHER Introduction and first reading AMENDMENT BILL 2011 Mr CLARK (Attorney-General) — I move: Introduction and first reading That I have leave to bring in a bill for an act to amend the Mr CLARK (Attorney-General) — I move: Planning and Environment Act 1987 and for other purposes.
That I have leave to bring in a bill for an act to amend the Mr WYNNE (Richmond) — Could we get a brief Criminal Procedure Act 2009, the Major Crime (Investigative explanation of the bill? Powers) Act 2004 and the Road Safety Amendment (Hoon Driving and Other Matters) Act 2011 and for other purposes. Mr CLARK (Attorney-General) — The bill amends the legislation in relation to the growth areas Ms HENNESSY (Altona) — I ask the infrastructure contribution and schools. Attorney-General for a brief explanation of the bill. Motion agreed to. Mr CLARK (Attorney-General) — This bill addresses an expiring sunset clause, an issue in relation Read first time. to the commonwealth government and delays in the introduction of its personal property securities regime and also an issue in relation to protective services DOMESTIC ANIMALS AMENDMENT officers. (PUPPY FARM ENFORCEMENT AND OTHER MATTERS) BILL 2011 Motion agreed to. Introduction and first reading Read first time. Mr WALSH (Minister for Agriculture and Food Security) — I move:
That I have leave to bring in a bill for an act to amend the Domestic Animals Act 1994, the Prevention of Cruelty to Animals Act 1986 and the Confiscation Act 1997 and for other purposes.
MINES (ALUMINIUM AGREEMENT) AMENDMENT BILL 2011
4782 ASSEMBLY Tuesday, 25 October 2011
Mr ANDREWS (Leader of the Opposition) — I ask Victoria in relation to the Anglesea coalmine, which for a brief explanation of the bill. feeds the power station there, which is a very important part of Victoria’s infrastructure. It provides 1100 jobs in Mr WALSH (Minister for Agriculture and Food the region. This bill will implement the amended Security) — This is with my agriculture and food agreement, which improves environmental outcomes security portfolio. This bill is colloquially known as the and secures 1100 regional jobs in Victoria. puppy farms bill. Motion agreed to. Motion agreed to. Read first time. Read first time.
STATE TAXATION ACTS FURTHER MINES (ALUMINIUM AGREEMENT) AMENDMENT BILL 2011 AMENDMENT BILL 2011 Introduction and first reading Introduction and first reading Mr WELLS (Treasurer) introduced a bill for an act Mr O’BRIEN (Minister for Energy and to amend the Payroll Tax Act 2007, the Duties Act Resources) — I move: 2000, the Land Tax Act 2005, the Taxation Administration Act 1997, the Livestock Disease That I have leave to bring in a bill for an act to amend the Mines (Aluminium Agreement) Act 1961 to provide for Control Act 1994 and the Valuation of Land Act amendments to the agreement in the schedule to that act, to 1960 and for other purposes. repeal the — — Read first time. Honourable members interjecting.
The SPEAKER — Order! I ask the house to remain LIQUOR CONTROL REFORM FURTHER silent while these bills are introduced into the house. AMENDMENT BILL 2011
Mr O’BRIEN — I move: Introduction and first reading That I have leave to bring in a bill for an act to amend the Mines (Aluminium Agreement) Act 1961 to provide for Mr O’BRIEN (Minister for Consumer Affairs) — I amendments to the agreement in the schedule to that act, to move: repeal the Mines (Aluminium Agreement) (Brown Coal Royalties) Act 2005 and for other purposes. That I have leave to bring in a bill for an act to amend the Liquor Control Reform Act 1998 to introduce a demerit Ms D’AMBROSIO (Mill Park) — If it does not points system for licensees and permittees involved in offend the minister, I ask him to provide a brief non-compliance incidents, to introduce a licence for wine and beer producers, to recognise the importance of live music and explanation of the bill. for other purposes. Mr O’BRIEN (Minister for Energy and Ms D’AMBROSIO (Mill Park) — I request that the Resources) — I think only my intelligence has been minister provide a brief explanation of the purposes of insulted by that comment. This is an important the bill. bill — — Mr O’BRIEN (Minister for Consumer Affairs) — Honourable members interjecting. This bill delivers another coalition government election commitment — that is, to crack down on rogue liquor The SPEAKER — Order! I asked for some silence licensees by introducing a demerit points system to while these bills are being introduced. I would like better protect live music, which languished for years some silence. under the former government’s attacks on it, and to Mr Hulls interjected. ensure that we have better regulation with less red tape and lower fees for important vignerons and beer The SPEAKER — Order! The member for Niddrie producers. is on a warning. Motion agreed to. Mr O’BRIEN — This is an important bill. This bill will ratify the agreement between Alcoa and the state of Read first time.
PARKS AND CROWN LAND LEGISLATION AMENDMENT BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4783
PARKS AND CROWN LAND BUSINESS OF THE HOUSE LEGISLATION AMENDMENT BILL 2011 Notices of motion: removal Introduction and first reading The SPEAKER — Order! Notices of motion 1 Mr R. SMITH (Minister for Environment and to 10 will be removed from the notice paper unless Climate Change) — I move: members wishing notices to remain advise the Clerk in writing before 6.00 p.m. today. That I have leave to bring in a bill for an act to amend the Crown Land (Reserves) Act 1978, the Forests Act 1958, the National Parks Act 1975 and the Water Industry Act 1994 and for other purposes. PETITIONS Ms NEVILLE (Bellarine) — I ask the minister to Following petitions presented to house: provide a brief explanation of the bill. Gisborne Secondary College: funding Mr R. SMITH (Minister for Environment and Climate Change) — This bill will add additional land to To the Legislative Assembly of Victoria: a number of Victoria’s parks, will change the lease The petition of certain citizens of the state of Victoria draws arrangements to accommodate the future of the Arthurs to the attention of the house the need for significant upgrades Seat chairlift, will streamline the administrative of facilities at Gisborne Secondary College. processes around fire prevention and suppression work In particular we note: in parks, will change the status of the Frankston Natural Features Reserve and will change the name of the 1. the previous Labor government approved and funded the St Arnaud Range National Park. previous stages of the school’s redevelopment; 2. the final stage includes much-needed classrooms and Motion agreed to. amenities for the school;
Read first time. 3. Gisborne families deserve the highest quality education facilities and the lack of funding by Mr Baillieu shows he does not understand the needs of the community. SERIOUS SEX OFFENDERS The petitioners therefore request that the Legislative (DETENTION AND SUPERVISION) Assembly urges the Baillieu government to urgently fund the AMENDMENT BILL 2011 final stage of the Gisborne Secondary College.
Introduction and first reading By Ms DUNCAN (Macedon) (127 signatures).
Mr McINTOSH (Minister for Corrections) — I Medical practitioners: physician associates move: To the Legislative Assembly of Victoria: That I have leave to bring in a bill for an act to amend the The petition of certain citizens of Victoria draws to the Serious Sex Offenders (Detention and Supervision) Act 2009, attention of the house that a group of health professionals to make consequential and related amendments to other acts known as physician associates (assistants) who have been and for other purposes. educated to a medical master level (in a medical school), and Ms HENNESSY (Altona) — I ask that the minister work collaboratively with registered medical practitioners (medical doctors) to provide health services to the provide a brief explanation of the bill. community, cannot practice to their full capabilities in the state of Victoria due to lack of supporting legislation. Mr McINTOSH (Minister for Corrections) — The bill will make a number of amendments to the act to The petitioners therefore request that the Legislative improve its workability and to improve public safety. Assembly of Victoria make amendments to the Drugs, Poisons and Controlled Substances Act 1981 and its regulations (and any associated legislation) to allow physician Motion agreed to. associates to prescribe medications to patients and to practice to their full capability. Read first time. Further, the petitioners ask that the Assembly request and support the government through COAG to reach agreement with the commonwealth and other states to achieve access of physician associates to national registration, the medical benefits scheme (MBS) and pharmaceutical benefit scheme (PBS) as a matter of urgency.
SCRUTINY OF ACTS AND REGULATIONS COMMITTEE
4784 ASSEMBLY Tuesday, 25 October 2011
By Ms DUNCAN (Macedon) (324 signatures). Tabled. Planning: green wedge development Ordered that petitions presented by honourable member for Macedon be considered next day on To the Legislative Assembly of Victoria: motion of Ms DUNCAN (Macedon). This petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly the current Ordered that petitions presented by honourable review seeking to turn green wedge land into commercial and member for Yan Yean be considered next day on housing developments. motion of Ms GREEN (Yan Yean). The protection, nurturing and enhancement of green wedge land has been supported by both political parties for over Bacchus Marsh: Avenue of Honour 30 years in recognition of the important role that open space plays in improving the mental and physical health of the Mr KATOS (South Barwon) — I move: community and maintaining the livability of Melbourne. They are the lungs of our city. That the petition tabled in my name on 11 October be made an order of the day on the next day of sitting. We are concerned that the current review of the green wedge, which only looks at opportunities for commercial and housing The SPEAKER — Order! I have been advised that development, does not get the balance right because it does an administrative error has brought about the late not consider the impact that bulldozing green wedges will calling of this motion. I am going to agree to it, but I do have on the environment, the mental and physical health of the community and the livability of Melbourne. not want it to become a habit for people to raise such issues months after the event. We are concerned that once gone the green wedges are gone forever and that future generations will regret the destruction Motion agreed to. of the green wedges.
The petitioners therefore request that the Baillieu government stops the current review which only recognises green wedges SCRUTINY OF ACTS AND REGULATIONS as a development opportunity, agrees to strengthen and grow COMMITTEE rather than reduce green wedge space and works with the community to enhance and improve Melbourne’s green Alert Digest No. 12 wedges. Ms CAMPBELL (Pascoe Vale) presented Alert By Ms GREEN (Yan Yean) (379 signatures). Digest No. 12 of 2011 on: Planning: green wedge development Children’s Services Amendment Bill 2011 To the Legislative Assembly of Victoria: Children, Youth and Families Amendment (Security of Youth Justice Facilities) Bill 2011 This petition of certain citizens of the state of Victoria draws to the attention of the Legislative Assembly the Baillieu Gambling Regulation Amendment (Licensing) government’s plan to turn land zoned rural conservation into Bill 2011 commercial and housing developments. Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill 2011 In particular we note: Resources Legislation Amendment Bill 2011 1. green wedge open space plays an important Sex Work and Other Acts Amendment Bill 2011 environmental role as well as maintaining the livability of Melbourne; Victorian Responsible Gambling Foundation Bill 2011 2. it appears that this government only recognises this land Water Legislation Amendment (Water as a development opportunity, this despite bipartisan Infrastructure Charges) Bill 2011 support and protection for green wedges in Parliament for over 30 years; together with appendices. 3. no commitment has been made to provide the infrastructure that new commercial and housing Tabled. developments would need, such as roads and schools. Ordered to be printed. The petitioners therefore request that the Baillieu government immediately stop the current planning review and agree to work with the community to enhance and improve Melbourne’s green wedges. By Ms GREEN (Yan Yean) (544 signatures).
DOCUMENTS
Tuesday, 25 October 2011 ASSEMBLY 4785
DOCUMENTS Greater Geelong — C190 Kingston — C122 Tabled by Clerk: Macedon Ranges — C69 Part 2 Confiscation Act 1997 — Asset Confiscation Operations Report 2010–11 Melton — C115
Corangamite Catchment Management Authority — Report Murrindindi — C38 2010–11 Nillumbik — C75 Crown Land (Reserves) Act 1978: Pyrenees — C29 Orders under s 17B granting licences over: Port Phillip and Westernport Catchment Management Bells Beach Surfing and Recreation Reserve Authority — Report 2010–11
Kings Domain Reserve and Alexandra Park Subordinate Legislation Act 1994 — Documents under s 15 in relation to Statutory Rule 111 Orders under s 17D granting leases over: Victorian Coastal Council — Report 2010–11 Kardinia Park Reserve West Gippsland Catchment Management Authority — Lynch’s Bridge Historic Precinct Reserve Report 2010–11
Duties Act 2000 — Reports 2010–11 of exemptions and Wimmera Catchment Management Authority — Report refunds under ss 250B and 250DD (two documents) 2010–11. East Gippsland Catchment Management Authority — Report 2010–11 ROYAL ASSENT Environment Protection Authority — Report 2010–11 Message read advising royal assent on 18 October Glenelg Hopkins Catchment Management Authority — to: Report 2010–11
Goulburn Broken Catchment Management Authority — Commercial Arbitration Bill 2011 Report 2010–11 Drugs, Poisons and Controlled Substances Amendment (Prohibition of Display and Sale of Interpretation of Legislation Act 1984 — Notice under s 32(3)(a)(iii) in relation to Statutory Rule 110 Cannabis Water Pipes) Bill 2011 Electronic Transactions (Victoria) Amendment Judicial College of Victoria — Report 2010–11 Bill 2011 Mallee Catchment Management Authority — Resources Legislation Amendment Bill 2011. Report 2010–11 Members of Parliament (Register of Interests) Act 1978 — APPROPRIATION MESSAGES Cumulative Summary of Returns as at 30 September 2011 — Ordered to be printed Messages read recommending appropriations for: Metropolitan Waste Management Group — Report 2010–11 Sex Work and Other Acts Amendment Bill 2011 North Central Catchment Management Authority — Report Victorian Responsible Gambling Foundation 2010–11 Bill 2011 North East Catchment Management Authority — Report Water Legislation Amendment (Water 2010–11 Infrastructure Charges) Bill 2011. Ombudsman — Whistleblowers Protection Act 2001: Investigation regarding the Department of Human Services Child Protection program (Loddon Mallee Region) — BUSINESS OF THE HOUSE Ordered to be printed Program Parks Victoria — Report 2010–11 Mr McINTOSH (Minister for Corrections) — I Planning and Environment Act 1987 — Notices of approval of amendments to the following Planning Schemes: move:
Ballarat — C128 That, under standing order 94(2), the orders of the day, government business, relating to the following bills be
BUSINESS OF THE HOUSE
4786 ASSEMBLY Tuesday, 25 October 2011
considered and completed by 4.00 p.m. on Thursday, ministers who have cowardly shied away from the 27 October 2011: opportunity to place their bills under scrutiny. Electricity Industry Amendment (Transitional Feed-in Tariff Scheme) Bill 2011 The other comment I would like to make on the government business program concerns the proceedings Sentencing Amendment (Community Correction tomorrow, which are unusual indeed. The opposition Reform) Bill 2011 was happy to accommodate changed sitting Transport Legislation Amendment (Public Transport arrangements to enable many members of this chamber Development Authority) Bill 2011 to participate in the visit to Melbourne by Her Majesty the Queen of England. We indicated our support for Victorian Responsible Gambling Foundation Bill 2011 those changes, and we did so in good faith because we Water Legislation Amendment (Water Infrastructure recognise that it is a great occasion to have the Queen Charges) Bill 2011. opening Labor’s new Royal Children’s Hospital — and what a great opportunity that will be to show the Queen In moving this motion there are a couple of things we and the rest of the world how Labor governments invest should note about this sitting week. As the government in vital infrastructure projects. We also agreed to the indicated in the last sitting week, because of the special changed program in good faith because we were given circumstances tomorrow we will be going on the every indication that the Queen would be here for a adjournment debate at approximately 11.00 p.m. large part of the day. Imagine our surprise when we saw tonight and tomorrow night. in today’s Herald Sun that the Queen will be departing In addition, because members have commitments they Melbourne at 3.15 p.m. tomorrow, yet this house is not need to attend to during the course of the day as a result resuming until 7 o’clock tomorrow night. This is a of the visit of Her Majesty the Queen, the house will significant period of time for people who are involved not sit until 7.00 p.m. tomorrow. We will start with in the Queen’s departure from the airport. To question time and go through until 11.00 p.m. As I accommodate these changed arrangements we are indicated, I expect that we will go on the adjournment sitting an additional hour tonight and tomorrow night, at 4.00 p.m. on Thursday. We will see how the situation which is going to place a strain on staff. pans out, but that is my expectation. Given the When we sit late into the night, an occupational health additional time we are providing for completion of the and safety issue arises, it is true, but the point is that we government’s business program in this sitting week, do not have to sit late. If government members were there will be ample time for all members to make their prepared to put their shoulders to the wheel, if they contributions. were prepared to use a bit of elbow grease and do some Ms ALLAN (Bendigo East) — In rising to speak on hard work, we could be back here at 5 o’clock. That the motion for the government business program, I note time line provides enough time for the Premier to get the range of bills the Leader of the House has indicated back from the airport, have his cup of hot water, brush will be on the program during the week. The only his teeth, wash his face and comb his hair. He could be comment I make on behalf of the opposition is to in this chamber ready to answer questions at 5 o’clock. indicate that we would like to have a But no; to reduce the time that the house has available consideration-in-detail stage on the Transport for scrutiny, the government is not resuming the Legislation Amendment (Public Transport program here until 7.00 p.m. tomorrow. Development Authority) Bill 2011. The shadow We know that holding question time later in the day Minister for Public Transport would like to explore a means that the government is not necessarily under the number of issues relating to this bill, particularly given glare of media scrutiny, that it reduces the opportunity that it is establishing a new authority. Unlike what has for the opposition to scrutinise the government and that happened with every other request the opposition has late sittings put an additional load on the staff. The put to the government, I hope our request to take the Queen will be in Perth by then, having her next cup of bill into a consideration-in-detail stage is granted and tea and round of sherries with government officials. We that we have the opportunity, for the first time under could have well and truly undertaken at least 2 hours of this regime, to give the bill appropriate scrutiny. I am work by then, but it is clear the government is trying to sure the Minister for Public Transport will be tough avoid scrutiny. It is not prepared to do the hard work; it enough to be happy to accommodate this request, does not have a significant legislative agenda. The because he is not afraid to stand up and answer Queen is being used as cover by this government to questions in this place on his legislation, unlike other avoid scrutiny in this place. For those reasons the
BUSINESS OF THE HOUSE
Tuesday, 25 October 2011 ASSEMBLY 4787 opposition will not be supporting the government The SPEAKER — Order! The member for business program put forward for this week. Burwood is on a warning.
Mr HODGETT (Kilsyth) — It is a pleasure to rise Mr HULLS — The only difference is that 7-Eleven to speak in support of the motion put by the Leader of stores actually stay open for 24 hours; under this the House and make a brief contribution to the debate government this joint does not. on the proposed government business program for this sitting week. As has been outlined, there are five bills The fact is that the Queen will be here to open Labor’s on the program, two of which will be able to be debated Royal Children’s Hospital. Not just that but, as you, today: the Sentencing Amendment (Community Speaker, would know, the Queen will be here because Correction Reform) Bill 2011 and the Transport the former Premier John Brumby invited her to come Legislation Amendment (Public Transport here. When he met with her at Balmoral he gave her the Development Authority) Bill 2011. Victorian tartan and asked her to come and open the hospital, and she agreed. All those people who are From liaising with the Opposition Whip I understand taking credit for the Queen coming here need to that the opposition has a number of speakers on the understand the facts: it was John Brumby who invited public transport development authority bill and a her and got her to come here. They became mates — — number of speakers on the Sentencing Amendment (Community Correction Reform) Bill 2011, as does the The SPEAKER — Order! Maybe the member for government, so we will spend quite some time this Niddrie would like to return to the motion before the afternoon and this evening on those bills to provide house. adequate scrutiny of them. Then to accommodate Her Majesty’s visit to Melbourne tomorrow there is a Mr HULLS — I am, Speaker. The reason we change to the sitting hours. We believe that, with the oppose this government business program is that, time available today, tomorrow and Thursday, by firstly, there is very little legislation, and secondly, the sitting late tonight and tomorrow night we can give reduced working hours go to show quite clearly that the adequate scrutiny to those five bills before the 4.00 p.m. government does not have a plan. No reason deadline on Thursday. On that note, I encourage all whatsoever has been put forward by the government as members to support the motion put by the Leader of the to why we are starting at 7 o’clock tomorrow with House. question time.
Mr HULLS (Niddrie) — We certainly oppose this Opposition members have ideas as to why that may be government business program. It does not consist of the case. We understand that the Premier will be much hard work at all. I think it was Ronald Reagan, a spending the 2 or 3 hours that the Queen will be here President of the United States of America, who said, with her at the opening of the hospital and then at Government House, but that does not mean that he ‘It’s true hard work never killed anyone, but I figure, 1 why take the chance?’. I think that is the motto of the needs to spend 3 ⁄2 hours having a snooze before he Premier on this occasion, because while it is true that comes in here. Maybe that is not the reason. Maybe it is because the Deputy Leader of the Liberal Party, the Rip Her Royal Highness the Queen will be here tomorrow 1 and I know that many members of this house have been Van Winkle of the Liberal Party, needs 3 ⁄2 hours to invited to meet with her at Government House, she is wake up. actually leaving the jurisdiction at 3.15 p.m. I cannot The SPEAKER — Order! Back to the motion! for the life of me understand why this house is not coming back at 4 o’clock to get on with actually Mr HULLS — It is a very important motion. In governing this state. researching this motion I did come across — you would know him, I am sure, Speaker — Abraham de Moivre. The fact is that the parliamentary sitting hours have He was a very important mathematician who was born been changed to fit in with the Queen’s visit but at the in France in 1667. Not only does he remind me of the time members of the opposition agreed to that change Premier but he actually looks a bit like the Premier. The we had no idea that the Queen would be leaving here at fact is that the older Mr de Moivre grew the longer he 3.15 p.m. The fact is that this government is turning this needed to sleep, and at one stage he was sleeping for Parliament into a 7-Eleven: we start at 7.00 p.m. and we 20 hours a day. finish at 11.00 p.m. The SPEAKER — Order! I do not believe the Mr Watt interjected. sleeping habits of the gentleman the member has mentioned have anything to do with the motion before
BUSINESS OF THE HOUSE
4788 ASSEMBLY Tuesday, 25 October 2011 the house. I ask him to return to debating the motion phone and ring the ministers. They can also pick up a before the house, or I will sit him down. phone and speak to people in the departments.
Mr HULLS — I understand that, Speaker, but the Honourable members interjecting. connection is clear. It seems absolutely inappropriate that the business of this house is delayed by some The SPEAKER — Order! The member for 1 3 ⁄4 hours after the Queen leaves here. It will be that Macedon is on a warning. long before we come back to this place and get on with business. The reason I raised Abraham de Moivre is Mrs VICTORIA — They can use emails. We even that it is becoming increasingly apparent to the have telephones in our offices these days. If they have Victorian public and this Parliament that we have a questions that need sorting out, they can pick up a Premier who needs as much rest as possible to get on phone. We also have the ability to debate in this with governing this state. Opposition members are chamber, without a bill going into a opposing this motion because we want to get on with consideration-in-detail stage. Perhaps if members read actually working in this place, unlike those opposite, the second-reading speeches and took a little bit more who just want to throw out the zeds. They just want to interest put on their jammies and go to bed. They should get on in — — with it and do some work! Ms Allan interjected.
Mrs VICTORIA (Bayswater) — What a load of Mrs VICTORIA — Perhaps if they took a little bit claptrap. I think that is the traditional way of putting it. I more interest in what was actually being said in the am standing to speak in support of the legislative chamber, they would actually have an idea of the program as put forward to the house by the Leader of legislation before the house. the House. On the agenda we have some very good legislation that needs to be taken with all seriousness. We also have on the list the Water Legislation The funny thing is — — Amendment (Water Infrastructure Charges) Bill 2011. Again, this is an incredibly important piece of Honourable members interjecting. legislation.
Mrs VICTORIA — Would members opposite like I want to go to the crux of what opposition members are me to read out the list of the legislation? We have the saying is the reason why they are opposing the Electricity Industry Amendment (Transitional Feed-in government business program. They are saying it is Tariff Scheme) Bill 2011. That has been something of about Her Majesty’s visit tomorrow. We should all feel great contention. People are wanting to know more very honoured that she is coming here to open the new about it. How lovely that we get to debate it in full here Royal Children’s Hospital. It will be a great occasion in the house. We have the Sentencing Amendment for Victoria. We will get to show off the new (Community Correction Reform) Bill 2011, which technology in the new hospital, obviously, but also Her contains something that the government promised we Majesty will pay a visit to the Ian Potter Centre of the would do before the election. It is another important National Gallery of Victoria to look at indigenous piece of legislation. Australian and Pacific rim art before meeting the The funny thing is that the opposition is calling for the people in Federation Square and then moving down Transport Legislation Amendment (Public Transport St Kilda Road in the royal tram to Government House. Development Authority) Bill 2011 to go into The nice thing about all that is that this agenda was set consideration in detail. I do not remember going into a by the palace. Those who are attending were in fact consideration-in-detail stage terribly often when we suggested by the palace. were in opposition and had lots of questions on a bill. Mr Noonan interjected. Honourable members interjecting. The SPEAKER — Order! There will be no eye The SPEAKER — Order! Enough, the member for action. The member for Williamstown is on a warning. Yan Yean! Mrs VICTORIA — Her Majesty’s agenda is not Mrs VICTORIA — The lovely thing about this is something set by the government. It is set by the palace, that there are bill briefings for all members to go to if and if those opposite knew anything about royal they wish. They know that they can also pick up a protocol, they would know that is in fact the case. Last
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Tuesday, 25 October 2011 ASSEMBLY 4789 sitting week the Leader of the House suggested that we 3.15 p.m., and even if the Premier goes to Tullamarine sit at 7.00 p.m. tomorrow evening to allow for Her airport with her, he would have time to cycle back to Majesty’s visit. the city for a 5.00 p.m. start, to run back for a 5.00 p.m. start and even swim down the Moonee Ponds Creek for Ms Green interjected. a 5.00 p.m. start in this house. It is ludicrous that we are wasting time waiting for the Parliament to begin at The SPEAKER — Order! The member for Yan 7.00 p.m. Yean! Given that I guess we will lose this vote, I suggest that Mrs VICTORIA — When the Leader of the House there are some things that the members of the suggested last sitting week by motion that we sit at international media could look at very carefully whilst 7.00 p.m. not all the final details had been registered by they are in this state. The first is to look at the fact that the palace. If Her Majesty and the Prince were to stay it is Labor that delivers in this state. It is Labor that on for several hours after that, we would have to amend delivers infrastructure projects. When I was driving to that again. What we did was very sensible and allowed Parliament this morning, thinking of all the work we for extra time. would be doing this week if we bothered to sit, I Those opposite are complaining that we are not sitting recognised that magnificent hospital that I drive past until 7.00 p.m. In some weeks we sat for anything from every sitting day: the Labor children’s hospital. It will 12 to 14 hours longer under the previous government. be wonderful to see Labor’s children’s hospital opened. Those opposite are talking about occupational health Honourable members interjecting. and safety (OHS), but I remember sitting until 3.00 a.m. on a Tuesday, 2.00 a.m. on a Wednesday and 1.00 a.m. The SPEAKER — Order! The members for on a Thursday, all in one sitting week, and I do not Bentleigh and Carrum! know that they were terribly worried about OHS then. To sit until 11.00 p.m. is not an issue. If we count Mrs Bauer interjected. 1 backwards and allow 1 ⁄2 hours for dinner, which I think is something that we should be allowed to do in a 12 or The SPEAKER — Order! The member for Carrum 1 13-hour day — have a 1 ⁄2-hour dinner break — that is on a warning. would be 5.30 p.m. Even allowing for going over time if Her Majesty stays on and there is something wrong in Ms CAMPBELL — I also reflected on the fact that the programming, it gives us time to get back to this government is good on spin and poor on delivery. It Parliament before the sitting of the house. This is a very said it wanted to have scrutiny and it would be open good program before the house, and I recommend that and accountable, but the fact is that this Parliament has the house go along with it. curtailed its sitting hours in order to accommodate — what? In fact nothing between 3.15 p.m. and 7.00 p.m. Ms CAMPBELL (Pascoe Vale) — There is one on Wednesday. What are we waiting for? Are we thing that was said by the previous speaker with which waiting for the Queen’s plane to be cancelled? Perhaps I agree, and that is that the palace sets the Queen’s she might like to drive out really slowly to the airport agenda. The fact is that this Parliament sets our agenda. and look at the grey noise walls on the Tullamarine The palace does not set the Victorian Parliament’s tollway. Perhaps she might like to examine all the agenda. It does not set its time lines and it does not spaces on the Tullamarine tollway that have not been identify which bills we are to discuss, but this house filled in by vegetation like they have, for example, on does. I remind the previous speaker that it is in our the Monash Freeway. She might like to examine the hands to decide what time we are going to speak. It is lousy noise walls on the Tullamarine tollway. She important that the facts are recognised. might like to recognise how bad the Tullamarine tollway is as she meanders out to Tullamarine. She The member for Bendigo East highlighted how, when might like to look at how we have got light grey, we agreed to have a change in the sitting dates for this medium grey, dark grey and very dark grey noise week, it was on the understanding that the Queen would walls — prison walls — as she drives out to the airport. be staying all day and that the Premier would need to She might also like to look at how those grey noise accompany the Queen at most official engagements. walls have trellises that do not have any vegetation growing on them, which is a great shame because the Ms Beattie — She did not want that. member for Yuroke and I drive on the Tullamarine tollway every day and we see how bad it is in terms of Ms CAMPBELL — Yes, maybe she did not want that, but the fact is that she will be up, up and away at
MEMBERS STATEMENTS
4790 ASSEMBLY Tuesday, 25 October 2011 vegetation. In contrast, Labor’s children’s hospital is MEMBERS STATEMENTS the pride and joy of this state. Aboriginals: war service exhibition The business program before us is an absolute waste of taxpayers money. We oppose it, and the fact is that for Mrs POWELL (Minister for Aboriginal Affairs) — every hour that we sit in this house over and above the On Tuesday, 18 October, I had the honour of designated time it costs an extra $10 000. That $10 000 co-launching a touring exhibition entitled Indigenous could plant up big along the Tullamarine tollway or go Australians at War from the Boer War to the Present in to the Victorian certificate of applied learning Mildura with the federal Minister for Veterans’ Affairs program — anything but delaying the house’s time. and Minister for Indigenous Health, the Honourable Warren Snowdon. This exhibition provides recognition House divided on motion: of the contributions made by indigenous servicemen and women who served their country proudly and Ayes, 43 bravely even though they did not enjoy equal rights in Angus, Mr Napthine, Dr their own country. Asher, Ms Newton-Brown, Mr Baillieu, Mr Northe, Mr Battin, Mr O’Brien, Mr The Victorian government was proud to support the Bauer, Mrs Powell, Mrs Shrine of Remembrance in bringing this important Blackwood, Mr Ryall, Ms exhibition to the people of regional Victoria. Mildura Bull, Mr Ryan, Mr was chosen for the first exhibition because of its vibrant Burgess, Mr Shaw, Mr indigenous community and proud military history. I Clark, Mr Smith, Mr R. Crisp, Mr Southwick, Mr was joined by the member for Mildura; the federal Delahunty, Mr Sykes, Dr member for Mallee, John Forrest; Mildura City Council Fyffe, Mrs Thompson, Mr representatives including Cr Sue Nichols and the CEO; Gidley, Mr Tilley, Mr the chief executive of the shrine, Denis Baguley; Air Hodgett, Mr Victoria, Mrs Katos, Mr Wakeling, Mr Vice Marshal Angus Houston; board members of the Kotsiras, Mr Walsh, Mr Mildura Arts Centre; local elder Janine Wilson, who McCurdy, Mr Watt, Mr gave a warm welcome to country; and other dignitaries. McIntosh, Mr Weller, Mr McLeish, Ms Wells, Mr As the exhibition travels around the state over the next Miller, Ms Wooldridge, Ms two years, many stories of bravery and service to this Morris, Mr Wreford, Ms Mulder, Mr country will emerge, such as that of Private Daniel Hodgekiss, a labourer from Mildura whose bravery in Noes, 42 taking out an enemy machine gun that had been Allan, Ms Howard, Mr preventing his battalion from advancing was noted in Andrews, Mr Hulls, Mr the official history of Australia in the 1914–18 war; and Barker, Ms Hutchins, Ms Beattie, Ms Kairouz, Ms Ron, Cyril and Eric Carter — three brothers born in the Brooks, Mr Knight, Ms region — with Ron and Eric serving 948 days overseas Campbell, Ms Languiller, Mr in the Second World War; Sergeant Ken Stewart, who Carbines, Mr Lim, Mr served in the Second World War, was so highly D’Ambrosio, Ms McGuire, Mr regarded that the Mildura RSL maintains a $2000 Donnellan, Mr Madden, Mr Duncan, Ms Merlino, Mr annual scholarship in his name. These stories need to be Edwards, Ms Nardella, Mr told and recorded for history. Eren, Mr Neville, Ms Foley, Mr Noonan, Mr Doveton: reunion Garrett, Ms Pallas, Mr Graley, Ms Pandazopoulos, Mr Mr PANDAZOPOULOS (Dandenong) — I rise to Green, Ms Perera, Mr Halfpenny, Ms Pike, Ms congratulate a few people who organised the Doveton Helper, Mr Richardson, Ms reunion on 15 October. They are Vicky Alexopoulos, Hennessy, Ms Scott, Mr Karen Dawson and Tony Sampieri, and as a result of Herbert, Mr Trezise, Mr their efforts, the Doveton Cricket Club, which Holding, Mr Wynne, Mr supported us having our reunion at its venue. The Motion agreed to. Doveton reunion was organised through Facebook. There is a Facebook site called ‘I grew up in Doveton and I turned out okay’. The reunion was a celebration of everything Doveton. The reality is that it is a
MEMBERS STATEMENTS
Tuesday, 25 October 2011 ASSEMBLY 4791 working-class suburb, built for industrial Australia to Knox Churches Soccer Club: funding service — as many of our parents did — General Motors, Heinz and International Trucks. It is a Mr WAKELING — The member for Scoresby and low-income suburb, rough and tumble at times, with a I recently met with the Knox Churches Soccer Club for lot of immigrants from the United Kingdom, Ireland the announcement of $60 000 to fund new lighting for and southern and eastern Europe, who have all turned this great local club. Knox Churches is a fantastic sports out to be great contributors to society and the club, and I congratulate the committee, which has community. That is what this celebration and raised $100 000 towards this important project. commemoration was all about. Ferntree Gully electorate: student leaders lunch We look forward to hosting it as an annual event on Caulfield Cup night. The Doveton Cricket Club would Mr WAKELING — Last week I hosted a luncheon like to do it as one of its ongoing events. Again, I for primary school leaders from 10 local schools. On commend Vicky Alexopoulos, whose idea it was, for hearing each student individually address the group, the raising the issue on the Facebook site, and then Karen leadership qualities of each student were readily Dawson and Tony Sampieri, who after his great apparent. It was a pleasure to meet them all. Schools cooking that night is known as Doveton Cricket Club’s represented included Fairhills, Ferntree Gully North, master chef! It was fantastic food that night. Everyone Heany Park, Karoo, Lysterfield, Mountain Gate, had a great night. It is good to be proud of a St John the Baptist, St Joseph’s, St Simon the Apostle working-class suburb like Doveton. and Wattleview primary schools.
The DEPUTY SPEAKER — Order! The Tasty Trucks member’s time has expired. Mr WAKELING — I would like to congratulate Ferntree Gully North Primary School: Colin Lear and the staff at Tasty Trucks on the recent production launch of their new ‘vanchise’ model, an important Ferntree Gully rising business. Mr WAKELING (Ferntree Gully) — I recently had the privilege of attending the Ferntree Gully North The DEPUTY SPEAKER — Order! The Primary School biennial school production. The calibre member’s time has expired. of the performances, particularly of some well-known Newport Gardens Primary School: opening political characters, was outstanding. Congratulations to principal Stuart Edwards, staff, parents and students for Mr NOONAN (Williamstown) — I rise to a fantastic performance. congratulate the entire school community of Newport Gardens Primary School on the recent completion and Friends of Koolunga opening of brand-new facilities. Last Friday’s official Mr WAKELING — I had the pleasure of attending opening was the culmination of many years of hard the Friends of Koolunga annual general meeting. I work to merge the former Eastona Park and Hobsons congratulate the group on its work in the last Bay primary schools and deliver a new combined 12 months. The members expressed their willingness to primary school in the emerging suburb of Newport. work with the Knox City Council to determine the In all, the redevelopment provided the school with appropriate use of the $50 000 provided for Koolunga 14 new state-of-the-art classrooms and art and craft Reserve in the May state budget. areas, a new library, an IT area and a music and Robert Ives administration centre, as well as a gymnasium/hall and kitchen and multipurpose outdoor play area. Through Mr WAKELING — Congratulations to Robert this redevelopment the Newport Gardens school Ives, whose Golden Memories karaoke performance I community can proudly offer learning environments attended recently at Amaroo Gardens in Ferntree Gully. which match the quality of its teaching. Robert has established a not-for-profit organisation which visits aged-care homes to perform a range of For my part, I am very proud of the support given to songs from yesteryear. Residents clearly enjoyed this project by the previous state Labor government and themselves and greatly benefited from Robert’s the former education minister, the member for volunteering program. Melbourne, as well as the current Gillard federal Labor government. These governments contributed $7.5 million towards this project. In addition, a mighty
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4792 ASSEMBLY Tuesday, 25 October 2011 effort by the school community saw it raise a further Melbourne International Arts Festival $100 000. Mrs VICTORIA — Congratulations to Brett This truly outstanding project would not have been Sheehy, festival director, on another sensational and possible without the vision and leadership of former diverse Melbourne International Arts Festival. From principals Alan Frost and Denis O’Dowd. These two opening night with the Manganiyar Seduction to the remarkable individuals worked closely with their closing concert, Notes from the Hard Road and school councils to guide this project from concept to Beyond, Melbourne was again home to top Australian construction. Finally, I congratulate the current and international artists, cementing our place as principal, Simon McGlade, who, following the Australia’s cultural capital. retirement of Alan and Denis, has overseen the latest stages of the redevelopment and kept the school Lyn Swinburne operating in what were very challenging circumstances. Ms GREEN (Yan Yean) — Today I was privileged Mildura: arts facilities to attend a pink ribbon luncheon in honour of Lyn Swinburne, the founding CEO of the Breast Cancer Mrs VICTORIA (Bayswater) — Last week I had Awareness Network. Lyn Swinburne was diagnosed the pleasure of touring some of the wonderful arts with breast cancer in 1993 and underwent surgery, facilities in Mildura with its hardworking local member radiotherapy, chemotherapy and hormone therapy. of Parliament. There is a plethora of visual and Since that time, and as a result of her experiences, she performing arts experiences on offer in the north-west has become a committed advocate on behalf of women of our state. Government, council and privately funded with breast cancer and their families. organisations work together to produce works that enlighten and entertain locals and visitors alike. The In 1998 she founded the Breast Cancer Network creative community in regional Victoria is thriving. Australia, which is now the peak national breast cancer consumer organisation representing 294 member VCA Foundation groups and more than 60 000 individuals in all states and territories. It currently has a staff of 30, and a vast Mrs VICTORIA — Yesterday I had the honour of number of volunteers work for the organisation. Lyn is launching the newly formed VCA Foundation. This the creator of the Field of Women concept, which has body will raise funds to ensure that the Victorian now spread to international venues, and of the Beacon College of the Arts can continue to provide the magazine, which has a circulation of over 60 000. A exceptional standard of arts training it is renowned for passionate advocate for consumer input, Lyn has the world over. It is heart warming to see this represented women with breast cancer on a number of foundation established, given the uncertainty that once state, national and international committees. Her work plagued this wonderful institution. With a dedicated will live on, and she will be ably succeeded by my dear group of individuals on the foundation board and a friend and former colleague Maxine Morand. government dedicated to ensuring the future of the arts in Victoria, I am confident that the VCA will continue Yesterday my mother celebrated five years of being to play a major role in arts training for many years to breast cancer free. I certainly wish such a long-term and come. sustained recovery to my dear friends being treated for this dreadful disease: Rachel, who is due to have Country Fire Authority: Bayswater brigade surgery tomorrow; Lyn, undergoing chemotherapy; Maxine and Naomi, who have recently completed their Mrs VICTORIA — On 15 October I helped the treatment; and Michelle, who has battled this for Bayswater Traders Association with a special 20 years. I urge all members to attend Girls Night In fundraiser for the Bayswater Country Fire Authority events across the state and keep up the good work in brigade. Many local businesses and volunteers came fighting this terrible disease. together for a trivia night, and between us all we raised several thousand dollars for our local brigade. The St Mary’s House of Welcome Bayswater CFA brigade has been protecting the local community for generations, and it was wonderful to see Mr ANGUS (Forest Hill) — Last Friday, as part of its cause so strongly supported. Anti-Poverty Week, I had the pleasure of visiting St Mary’s House of Welcome in Fitzroy to assist in the serving of meals. It was a great opportunity to see firsthand some of the work that is being undertaken in
MEMBERS STATEMENTS
Tuesday, 25 October 2011 ASSEMBLY 4793
Melbourne to assist residents who may be going until the night of Sunday, 16 October, the rains had through difficult times and also an opportunity to hear caused the unfortunate loss of dozens of lives, with about some of the other services available at the centre. 20 000 people evacuated — the equivalent of I congratulate the staff, directors and volunteers who 5000 families — and they are being treated at work tirelessly to deliver these services to the local 209 operating shelters nationwide. people. Due to the heavy rains, which led to the declaration of a Multicultural affairs: Forest Hill electorate state of national emergency in the country on Friday, 14 October, the government has called for humanitarian Mr ANGUS — Last week I also had the great assistance from the international community to meet the pleasure of hosting a gathering of representatives from emergency needs. In this context the government of El many of the multicultural groups in Forest Hill. We Salvador, and indeed the many thousands of were joined by the Minister for Multicultural Affairs Salvadorians living in Victoria and in Australia, has and Citizenship, who addressed the group and then appealed to the solidarity of the international answered questions. I thank the minister for coming to community in order to receive its support in this Forest Hill and meeting with the representatives from emergency, whether financial or in kind, according to the various groups. the official government list of needs and following the procedures and protocols established in the handbook Nunawading Soccer Club: presentations for international humanitarian assistance in disaster situations. Mr ANGUS — I recently attended the end of season presentations for the Nunawading Soccer Club. It was a I wish to commend the efforts made by the community time to reflect on the season just finished and of El Salvador in Australia and indeed its Consul congratulate all the players, officials and volunteers General, Senor Mauricio Mena. I appeal to all members who have been involved in the club during the year. I and the community to respond generously to the call for especially want to congratulate the president of the international aid. club, Mr Patrick Humbert, and the secretary, Mrs Robyn Bell, as well as the other committee Mildura: home show members and volunteers for the hard work they have put into the club during what has been a very Mr CRISP (Mildura) — It was my pleasure to challenging year. I look forward to seeing the club go open, with the member for Bayswater in her role as the from strength to strength in the years to come. Parliamentary Secretary to the Premier and Assisting the Premier with the Arts, the inaugural Sunraysia Carbon tax: economic impact Daily Mildura Home Show, which transformed the hangar and some of the apron at Mildura Airport into a Mr ANGUS — The ramifications of the illegitimate homeowners mecca. The quality of the exhibitors’ carbon tax that is being forced upon all Australians are presentations to the public was extremely high, still being processed by business operators in Forest indicating considerable effort had been put into the Hill and elsewhere. Business operators I have spoken to preparation and planning to be part of the major event. have expressed their concerns over the extremely negative impact this additional tax will have on their I would like to congratulate Mr Steve Rolton of businesses, particularly in relation to future Hotondo Homes for his vision and persistence in employment decisions. It is not too late for the state making the home show a reality. I also need to Labor members to lobby their federal colleagues and congratulate Sunraysia Daily for taking a key try to stop this antibusiness, anti-employment tax. sponsorship and promotional role, as well as the other sponsors who helped make the vision a reality. Republic of El Salvador: humanitarian assistance The home show was supported by the people of Mildura, with a constant stream of visitors throughout Mr LANGUILLER (Derrimut) — I support the call the three days. I hope the customer traffic transforms for international aid by the community of El Salvador into interest and sales and assists the supporting in Australia. The El Salvador republic is experiencing a businesses. I believe the home show demonstrates the unique situation due to prolonged and heavy rain these resilience and the belief in the future of the housing past weeks which has led to saturation of soils and has sector in Mildura, and I look forward to the event being increased the level of rivers and the volume of water, a regular part of Mildura’s future. causing overflows and human and material losses. Up
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4794 ASSEMBLY Tuesday, 25 October 2011
Red Cliffs Primary School: royal visit outing Bill and Ruby Hoskins: 71st wedding anniversary Mr CRISP — On another matter, I look forward to participating in the royal visit tomorrow, hopefully with Ms RYALL — I would like to offer my warmest representatives of Red Cliffs Primary School, who have congratulations to Bill and Ruby Hoskins of invited me to join them in St Kilda Road, where they Nunawading, who celebrated their 71st wedding hope to catch a glimpse of the Queen as she passes in a anniversary last month. I am sure that sharing this time tram. Principal Rod Beer is here with his school on a in marriage has provided them with many treasured Melbourne adventure for the week. They will be in memories and much joy. Parliament tomorrow, from where I will follow them to St Kilda Road. Keith and Gillian Horlock: 50th wedding anniversary South Asian Community Link Group: fundraising Ms RYALL — I would like to offer my best wishes and warmest congratulations to Keith and Gillian Ms BEATTIE (Yuroke) — I rise today to Horlock of Vermont on the celebration of their congratulate members of the South Asian Community 50th wedding anniversary on Friday, 4 November. Link Group and the wider multicultural community that supports it in their outstanding fundraising efforts. On Motocross: KTM Ride4Kids Wednesday, 19 October, I had the privilege of assisting founding member Farrukh Hussain in presenting to the Ms RYALL — I would like to acknowledge the Victorian Red Cross a cheque for over $3000. It was a wonderful effort undertaken by Nunawading father and terrific occasion, and the Victorian Red Cross executive son duo Dave and Ryan Doyle who rode in the KTM director, Toni Aslett, was very grateful to receive such a Ride4Kids event on Sunday, 23 October, at the large donation. Victorian state motorcycle sports complex in Broadford. The pair of motocross enthusiasts helped In addition to this presentation, another $3000 has raise money for Challenge, which in turn gives support already been donated to the Queensland Premier’s to children and families battling cancer. disaster relief appeal to assist with the flood recovery in Congratulations to them on a fine effort and their Queensland. All members of the South Asian generosity. Community Link Group should be extremely proud of their fundraising efforts for such worthy causes. I Marion Blaze would especially like to pay tribute to founding members Farrukh Hussain, Deepak Vinayak and the Ms RYALL — I would like to congratulate Marion wider executive, who have built this group into the Blaze of Nunawading, who has been awarded a $5000 vibrant body it is today. Congratulations to them again grant from the McDonald’s Be Your Local Hero on a terrific fundraising effort. I urge the South Asian program. Ms Blaze, who is an education officer at the Community Link Group to keep up the outstanding Statewide Vision Resource Centre, says the money will work it does for South Asian countries. go to fund the centre’s music program and teach blind and visually impaired children how to arrange and Water: Tankulator compose music through the use of braille music technology. Ms RYALL (Mitcham) — Thank you to Narelle Edgar and Justin Whitehead for opening their home for Ballarat: parliamentary education visit the launch of the Tankulator, a new online tool to assist households to select the right water tank for water use Ms KNIGHT (Ballarat West) — It was wonderful in their home. This tool, which is free to the public and to sit in on the regional visit to Ballarat last week of the was developed by the Alternative Technology Parliament of Victoria’s tour guides. What a fantastic Association with funding support through the program. I know that the schools in my electorate — government’s Sustainability Fund, takes the hard work Lumen Christi Primary Achool and St James Parish out of choosing the right rainwater tank for households School — both got a lot out of the presentation and role across Victoria. play. It was apparent sitting in on one of the presentations and then having the opportunity to speak to the students that they loved what they learnt, and this was of course down to the very skilled and talented presenters. Thanks to Mark, Craig and Trevor, whom
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Tuesday, 25 October 2011 ASSEMBLY 4795 we see here when we are in Parliament House, for for closure scheme there are still no plans from the taking their expertise to the students of Ballarat. This is Gillard government as to how local jobs will be a great service to our community and our students, and protected. Already businesses indirectly associated with I cannot recommend it highly enough. Mark, Craig and the energy industry in the Latrobe Valley are feeling the Trevor kept the students engaged and have, I am sure, pinch, whilst Loy Yang Power has offered voluntary left a lasting impression on these future leaders. departure packages to employees as a direct result of the carbon tax legislation. Despite this the Prime Ballarat Outrigger Academy Minister has offered no plan or direct support to the Latrobe Valley community. This is a disgrace, given it Ms KNIGHT — I also had the pleasure of is the Prime Minister’s own legislation that is creating launching the Ballarat Outrigger Academy on such negative impacts for residents and businesses in 17 October. This is a great concept thought up by Kim our region. Halbert-Pere and supported financially by Schools Focused Youth Services and the Highlands Local Practically Green Festival: Kids Teaching Kids Learning and Employment Network. Loreto College is conference generously providing storage facilities. Kim works with young people from the Ballarat Secondary College Mr HERBERT (Eltham) — It gave me great Link Up program, and it was just a delight to see the pleasure last Tuesday to visit the Kids Teaching Kids young men so engaged and so excited by this project. Practically Green conference at Edendale Farm in As Kim stated: Eltham. The conference was part of Nillumbik Shire Council’s Practically Green festival. The conference What’s very critical is teaching others … was on the topic Grow Local, Eat Local. It was a But it won’t just be about learning how to paddle. It is about wonderful event involving and engaging local students personal development and it’s about culture and belonging. in the very practical skill of growing their own veggies. Student activities focused on local food production and Congratulations to Kim and the young people who on reducing our food carbon footprint. It was great to worked so hard to make this dream a reality and on see so many young people becoming more interested in demonstrating how critical it is to provide young people growing their own food and taking a greater interest in with every opportunity to stay engaged in learning. reducing food miles and their overall individual carbon Carbon tax: economic impact footprint. Around 120 students from 12 schools in the Nillumbik and Banyule municipalities participated in Mr NORTHE (Morwell) — I rise today to speak on making presentations and getting involved in hands-on the Gillard Labor government’s proposed carbon tax workshops and activities. and its implications for the Latrobe Valley and the Of course Eltham schools were well represented, with wider Gippsland region. I read with interest some of the Briar Hills Primary School, Eltham Primary School, recent debate in the federal Parliament on the carbon Eltham North Primary School, Montmorency Primary tax legislation and in particular noted the contribution School, Montmorency South Primary School, of the federal member for Gippsland, Darren Chester, St Helena Secondary College and Montmorency who had sought feedback from Gippsland residents on Secondary College all taking an active role. These this contentious legislation. Following that feedback students will take ideas, knowledge and skills back to various quotes were conveyed to the Parliament, their schools, work with fellow students and help boost including that of Natasha from Traralgon who said: their own food garden programs. The students are an It means that my husband may lose his job at Hazelwood inspiration for people to engage in more sustainable power station. We cannot provide to our children the simple living, offering great examples of practical things we things in life like a good education due to rising living can all do to live more sustainably. expenses. Not good enough, Julia. I congratulate Carolyn Pickburn from Edendale Farm Also from Joanne in Tyers. on her dedicated work in organising the Kids Teaching Small business is the backbone of this country and Julia Kids Practically Green conference. It was a great Gillard will destroy this with a carbon tax, especially in the success and a credit to Carolyn and everyone else Latrobe Valley. The Latrobe Valley is a great place to live but involved. without jobs people will go elsewhere. The Greens and Labor are only interested in city people. Despite Yallourn, Hazelwood and Energy Brix expressing interest in the federal government’s contract
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Patterson Lakes Primary School: Cyber Girls cars and motorcycles, and racing priceless pieces of chess team history added an interesting element to the event. The winner with the fastest time up the mountain was local Mrs BAUER (Carrum) — I was delighted to visit boy Liam Sales, who claimed the day with a great time Patterson Lakes Primary School to congratulate the of 44.3 seconds in a 1973 Valiant Charger. Cyber Girls chess team on being the Chess Kids champion girls team 2011. The determination of this Congratulations to the organising committee, which wonderful team is a credit to the nine girls and chess consisted of members of the Vintage Sports Car Club coach Christian Bennett. I look forward to hosting the of Victoria and the Bendigo Car Club, and to the many championship team on their upcoming visit to volunteers who once again supported the committee Parliament House. over the two-day event. Carrum volunteer coastguard: Kingston Maldon Folk Festival Guardian Ms EDWARDS — This weekend I will be Mrs BAUER — What a pleasure it was to attend attending the Maldon Folk Festival, an event that was the Carrum volunteer coastguard flotilla and play a part established back in 1974 as a gathering for musicians in the naming and commissioning ceremony for the but which has grown to become a festival that runs over new 9.2-metre vessel Kingston Guardian. Fifty-five four days with over 20 venues and which features up to volunteer coastguards attend approximately 100 assists 300 individual performers. It has evolved into a unique, per year in all weather conditions and work tirelessly to exciting and culturally diverse event that is enormously ensure the safety of our community. I am proud the popular with music lovers across Australia and indeed coalition government has contributed $250 000 towards internationally. This festival continues to be a low-cost, the vessel. family-friendly festival and is run solely by volunteers. All profit from the festival is channelled back into Mates Day on the Bay community organisations and projects.
Mrs BAUER — With perfect boating conditions all Gilad Shalit weekend, a record 186 guests with disabilities and their carers enjoyed Mates Day on the Bay. In its 13th year, Mr SOUTHWICK (Caulfield) — Last Tuesday Mates Day is an inspiring community event, with evening the Jewish community came together at an 70 boats registered to escort guests for a morning’s event organised by the Zionist Council of Victoria to fishing. Boat owners, deckhands and hundreds of watch Gilad Shalit return home to Israel after more than volunteers helped to catch a record number of Port five years held in captivity in a historic prisoner Phillip Bay’s iconic snapper, with Mates Day guests exchange. I want to congratulate the Zionist Council of forging memories to last a lifetime. Victoria and the Jewish community of Melbourne, both of which advocated for Gilad’s release. Welcome Thank you to the Futurefish Foundation, organiser home, Gilad Shalit. David Kramer and the many volunteers who contributed to make the day such a huge success. Once Courage to Care: exhibition again my family loved being involved. The excitement on our guests’ faces when we had a simultaneous triple Mr SOUTHWICK — This week the Parliament is hook up of snapper was priceless. hosting an exhibit by B’nai B’rith, Courage to Care, which seeks to spread the vital message of speaking out Mount Tarrengower: hill climb against hatred and working for respect and acceptance. The exhibit does so much by using the stories of the Ms EDWARDS (Bendigo West) — Once a year a Holocaust to stress how important it is to act when devoted group of racers take to the steep hills and confronted with hate. The exhibit will open tonight, and sweeping turns of Mount Tarrengower at Maldon. This I encourage all members to attend. Those attending the event is the longest running hill climb event in opening will hear remarks from noted businessman and Australia and has become a major event on the calendar philanthropist John Gandel. Congratulations to Courage for car and motorcycle enthusiasts. Last weekend I to Care, Barbara Wolfson, Viv and Tony Weldon, the attended the final stage of the mountain climb. There volunteers and all involved. were a lot of loud vintage cars and motorcycles completing the final climb of the mountain in perfect conditions. Impressive speeds were reached by both
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Glen Eira College: Just BU panel training, apprenticeships, traineeships or full-time employment after completing their educational Mr SOUTHWICK — It was my great pleasure to program. No students referred from youth justice have take part in a panel at the Glen Eira College careers and reoffended. PRACE is a fantastic organisation in our planning day that was attended by year 10 and 11 community. students. Other panellists included Cameron Yorke, career development adviser at the Melbourne Rebels, Maroondah Prevention and Recovery Care: and Biggest Loser contestant Sheridan Wright. Lisa opening Donath from the Just BU program does a fantastic job of combating bullying, promoting self-acceptance and Mr HODGETT (Kilsyth) — Last Wednesday ensuring that young people know that it is okay to just morning the Minister for Mental Health visited be you. Ringwood East to officially open the Maroondah Prevention and Recovery Care (PARC) service. The Sukkot in the City $3.2 million centre provides residential support and treatment for people with a mental illness. We know Mr SOUTHWICK — Last week I attended the that mental illness touches almost every Victorian Sukkot in the City event organised by the Chabad of family and that one in five Victorians will suffer from a Melbourne CBD. Sukkot is an important Jewish mental illness at some stage in their life. Eastern Health holiday and is commemorated by the building of a was one of the first clinical services to trial the PARC sukkah, a fragile tent decorated with leaves and model, and Minister Wooldridge recognised the branches. Congratulations to Rabbi Chaim Herzog and commitment to the partnership between Eastern Health all involved in this event. and Mind in the development and planning of this PARC in Ringwood East. Preston Reservoir Adult Community Education The Baillieu government is absolutely committed to Mr SCOTT (Preston) — I rise today to celebrate expanding prevention and recovery care services across the wonderful work being carried out in the community Victoria, and as part of that commitment the minister by Preston Reservoir Adult Community Education. announced that we are in the process of planning and PRACE works with young people who have fallen developing six new adult PARCs and three new youth through the cracks and gets them into the workforce or PARCs, which will specifically cater to the needs of into training. PRACE students have issues with young people aged 16 to 25. We are also committed to homelessness, mental illness, chronic illness and being ensuring that the specific needs of women are met. The victims of crime or various forms of abuse. They often Maroondah PARC, which has the capacity to create have very low literacy and numeracy skills. In many gender-specific areas when required, is a great example cases they have been serial non-attenders at school, and of a gender-sensitive care environment. I congratulate some never went to secondary school at all. Many have both Eastern Health and Mind on a fantastic new parents who are drug or alcohol dependent or in prison. service for our local community, and I again thank the They often do not have supportive homes and do not minister for visiting Ringwood East to officially open eat properly. They are often long-term unemployed and this important centre. essentially unemployable. Mooroolbark Football Club: awards Referrals come from youth justice, child and adolescent mental health services, the Salvation Army’s Mr HODGETT — On another matter, I wish to Crossroads Youth and Family Services, the Department congratulate the Mooroolbark Football Club on a very of Human Services, residential care units, local schools successful night at the Eastern Football League and other services. Chandler Medal Night. Cam Linford won the Kenneth Wright Medal for the division 2 EFL best and fairest. In As well as its educational program, PRACE provides the SEN 2011 Team of the Year, Mooroolbark had breakfasts and lunches every day, care packages, three players named in the EFL division 2 team: Kire combs, soaps, shampoos, pillowcases and take-home Talevski, full forward; Trent Georgiou, half-back flank; food parcels, and where needed it organises emergency and Matt Polkinghorne, ruck rover. Kire Talevski was accommodation and support services. also the goal-kicking winner in division 2. Well done to With this challenging group of students, PRACE Linners, Kid, Trent and Polky on these fantastic produces fantastic results. Eighty-two per cent of individual achievements. PRACE students have engaged in further education and
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Wedge–Frankston-Dandenong roads, Carrum TRANSPORT LEGISLATION Downs: traffic management AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011 Mr PERERA (Cranbourne) — The intersection of Wedge Road and Frankston-Dandenong Road, Carrum Second reading Downs, is in dire need of upgrading. Labor knows the importance of installing traffic lights at this intersection, Debate resumed from 14 September; motion of and that is why the previous Labor government made a Mr MULDER (Minister for Public Transport). commitment of $6.6 million to alleviate the safety concerns of local motorists, who, may I say, take on the Opposition amendments circulated by risky traffic and attempt to get over to the other side. Ms RICHARDSON (Northcote) pursuant to Unfortunately the safety of motorists in Carrum Downs, standing orders. Skye, Cranbourne and surrounds is simply not a sexy Ms RICHARDSON (Northcote) — At last here we enough issue for this conservative government. I call on have it: the new authority, the Liberal Party’s answer to the government to allocate funding in the next budget public transport woes in this state — the Transport for this intersection improvement. Legislation Amendment (Public Transport Frankston: graffiti strategy Development Authority) Bill 2011. It is true to say that Victorians have waited a very long time for this Mr PERERA — It was with great pleasure that I moment; I note that in New South Wales a similar recently attended Frankston’s graffiti strategy launch at authority was delivered in about half the time. the Frankston Magistrates Court. The launch detailed a Nevertheless, here we are, nearly 12 months on, and we local graffiti strategy of implementing restorative now have the new authority. justice elements and a therapeutic jurisprudence principle for local youth. This strategy is a collaborative This great policy initiative was announced by the partnership between Frankston Magistrates Court, Liberals prior to the last election. Of course since then Frankston police, the Department of Justice, Frankston there has been nearly 12 months of trying to grapple City Council and the Youth Substance Abuse Service. with what this new authority should look like, and I am very saddened to say that in delivering this election I am of the firm belief that enforcement is not the commitment the Minister for Public Transport has answer. Rather than a tough-on-crime approach, we provided a new public transport authority with two very need a smart-on-crime approach. It is unfortunate that significant and fundamental flaws. However, I am very this is quite to the contrary of what many local pleased to see that the minister has joined us in the community leaders believe. chamber for the debate for a change. These flaws clearly contradict what was promised prior to the last Turkey: earthquake election. They are flaws that will undermine this new authority’s ability to perform its stated role. It is all talk Mr KOTSIRAS (Minister for Multicultural Affairs and no delivery, so it sounds somewhat familiar, does it and Citizenship) — I express my deepest sympathy to not? the people of Turkey who have suffered and are suffering from the recent devastating earthquake. Our While Labor will not be opposing this bill, I have thoughts go to the many victims, the families who have circulated a series of amendments designed to address lost loved ones and all of those whose lives have been the fundamental flaws in this bill. As the manager of changed forever. I will be working closely with the opposition business detailed in the house earlier, we Turkish community in Melbourne to ensure that we do have asked that there be further consideration in detail what we can as a government to assist those who have of this bill, and I am looking forward to the response suffered as a result of this earthquake. from the minister so we can spend some time on the new authority and on the bill.
SO what was promised by the Liberals, and what are the fundamental flaws in this bill? The first flaw concerns the complete lack of independence granted to this new authority. Our amendments 1 and 5 address this particular flaw. It is worth reminding members, particularly those on the government benches, of what was promised prior to the last election. On countless
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Tuesday, 25 October 2011 ASSEMBLY 4799 occasions the then public transport opposition deliver a toothless tiger subject to the authority and spokesperson, the current Minister for Public Transport, whim of the Minister for Public Transport. Now, who is here in the house, spoke of his plan to rebuild according to the minister, the new authority is no longer Victoria’s public transport network via the creation of required because, as he said during the last sitting week his new independent authority. He said it would plan, of the Parliament, he has fixed all the problems in coordinate and manage our public transport system and public transport in just 11 months. that in order to do that it would be independent of government. Mr Mulder — Nearly all of them!
A media release of 14 November 2010 is typical of the Ms RICHARDSON — Nearly all the problems kind of statements the now minister and other Liberals have been fixed! There you have it again. I am so repeatedly made about this new initiative. That media pleased the minister is here to repeat what he said in the release talks about the coalition’s plan to rebuild last parliamentary sitting week. In 11 months the Victoria’s public transport network, including a new minister has fixed all those problems he was keen to independent public transport authority. It goes on to highlight in opposition. He has gotten on top of it. He say: has come out from under his desk and fearlessly confronted all of those problems and fixed them. What Victoria badly needs a new, independent statutory authority to a legend! I think not. plan, coordinate and manage our public transport system. The minister is damned by his own bill. Let us have a To remind the minister of what he said, I note that the look at proposed section 79O, which is to be inserted by media release finishes on that topic by saying: clause 3 of the bill. In relation to the directions of the The Victorian Public Transport Development Authority will new authority, it says: be independent of government and will report to Parliament twice a year. (1) The Public Transport Development Authority — That is what the now minister said in November last (a) is subject to the general direction and control of the year, and he often repeated those statements, but what minister; and has actually happened with this bill is a complete (b) must comply with any specific direction given by about-face. It is a new authority that is about as the minister. independent of government as a newborn baby is of its mother. There is absolutely no independence there — absolutely none whatsoever. Repeatedly, in clause after clause of the bill, the minister has shackled this new authority to the point Then if you look at the functions of this new authority where he dropped all references in his second-reading the minister is putting in place, which are detailed in speech to the need for independence except in one very new section 79AE(1)(a)(iv), which is inserted by telling instance. He said in his second-reading speech: clause 3, you see that the authority will be:
The PTDA will be governed by an independent board — acting as an advocate and spokesperson for the public transport system in accordance with the Government’s public that is the sole reference to independence, but even then transport policies and priorities and under the Department’s planning framework … the board would be entirely — So anything that the authority does while acting as an appointed by the minister. advocate is done within the government’s public The minister dropped any reference in his transport policies and priorities and within the second-reading speech to the need for this new framework that the department itself has set. authority to be independent of government, as he put it prior to the last election. Why would he not? It goes on. New section 79AE(1)(c) states that any time Repeatedly in this bill, clause by clause, the minister the authority is going to: has ensured that this new authority will be entirely construct or vary public transport infrastructure, including rail constrained by the government and by himself as infrastructure, roads, road-related infrastructure — minister. Looking at the bill one is left in no doubt that the minister has made a very decisive call here. Either level crossings, perhaps — he could deliver what was promised prior to the roadsides and other transport assets — election — a new authority able to fulfil its role independently of government et cetera — or he could all of these things will be done only —
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as directed by the Minister … hundreds of other crossings around the state; let us say that the authority decided that was an imperative worth New section 79AE(1)(e) states that the authority’s pursuing. Again, the authority will get the phone call, function to: the knock on the door or whatever it takes from the plan for the development of public transport networks as part minister to say, ‘That is not in keeping with the of an integrated transport system, including by undertaking decisions I have made, and you are not able to advocate feasibility studies — in that particular way; despite your role being about safety and putting commuters first, you cannot do that again, will be done — under any circumstances’. under the Department’s planning framework … Let us say, for example, that the authority saw indicated on and on it goes. There is clause after clause after in the government’s own budget papers that passenger clause designed to entirely constrain this new authority, rates were going to increase exponentially and so more which is not a new independent authority but just a new rolling stock was needed, and let us say that it was authority. going to revisit the decision of the minister not to purchase any more V/Line carriages. Let us say that the Let us take, for example, an instance where the authority said that based on a survey it had conducted, authority or perhaps its board, which will be appointed there was a desperate need to have more carriages put entirely by the minister, determines that level crossings on the network. Again, under no circumstances could should actually be prioritised on the grounds of safety the authority advocate for additional rolling stock. New rather than politics — that is, on the grounds that we are section 79AE(1)(i)(iv) inserted by clause 3 makes it going to put safety first and not put political interests clear that the minister is in charge of these decisions, first. lock, stock and barrel.
Mr Mulder interjected. Or let us say, for example, that the authority decided that the minister needed to revisit his decision to break Ms RICHARDSON — The minister is trying to an election commitment to purchase 10 more new claim that right here, right now, he is putting safety trams because passenger rates were on the rise. Again, ahead of political interests, but I remind the minister under no circumstances could the authority seek to that in fact what he has decided to do is to prioritise a reverse that decision. Let us say that if the authority crossing in Brighton, in the electorate of the Deputy decided, in relation to timetable changes that were Leader of the Liberal Party, and to prioritise a crossing made, that the minister had other options he could have in his own electorate ahead of hundreds of crossings pursued that would have delivered a better outcome for across the state which are considered more dangerous commuters. Again, under no circumstances could the than those two crossings. That is what he has decided to authority seek to reverse that decision. do. He has put his political interests ahead of the safety of commuters and passengers around the state. The scrapping of the premium station upgrades was another decision made by the minister to pay for the Let us say the authority said, ‘That’s not good enough; bungled protective services officer initiative, which we don’t think that’s a good call’. We on this side of the again under no circumstances could the authority seek house do not believe that is a good call. We believe to reverse. In relation to the need for more buses, we what the general public believes — that the minister has need more buses in growth corridors to deliver for those made the wrong decision in putting politics ahead of communities, given the growth in those areas. There is safety when it comes to level crossings. But what could nothing whatsoever in the budget for new buses in these the authority do in this instance to pursue the interests areas, but under no circumstances could the authority of all Victorians? The truth is that it could do absolutely seek to reverse that decision. nothing, because unless the minister gives the green light for it to advocate and pursue this particular The decision to cut Disability Discrimination Act 1992 objective, it can say and do nothing. compliance funding could also be something the authority may like to look at in the interests of Let us say, for example, that the authority decided that commuters — and again, unless the minister gave it the decisions about level crossings should be taken out of green light, there is nothing it could say, not one word it the hands of politicians, that the priority of upgrades could utter in the interests of commuters. Despite all the should be assessed based on safety — lock, stock and talk before the election of the need for independence for barrel — and that politicians or ministers should not be this new authority, what we have instead is a lame, if allowed to put crossings in their own seats ahead of not dead, duck that has been delivered by the minister.
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I want to go on to the second fundamental flaw of this knowing what information exists, because the new bill, which is the lack of transparency in relation to the authority will not be able to tell them. If the minister’s creation of this new authority, remembering that the overzealous references to openness and accountability new authority was not going to be a sub-branch of the in his second-reading speech were anything more than Department of Transport and that things were going to spin and weasel words, you would expect that he would be very different on Terry Mulder’s watch. The have extended commuters the courtesy of being able to proposed amendments 2, 6 and 7 address the minister’s access the very same information that he will demand fundamental failure to deliver what he promised and from the new authority. what he spun in his second-reading speech. In the minister’s second-reading speech he was as keen as Prior to the last election a Liberal press release stated mustard to stress exactly how open and accountable this that the new authority would be required to report to the new authority was going to be. In that speech he made Parliament twice a year. In a recent press release the no less than five references to the openness and minister is quoted as saying: accountability that would come as a consequence of Establishing the new authority through legislation ensures it this new authority, but unfortunately and perhaps can be properly scrutinised by Parliament … unsurprisingly, the minister’s rhetoric does not match the reality of the bill. The minister is spot on. The authority should be required to report to the Parliament — twice a year Let us imagine that the proposed Public Transport would be great — to ensure that it is doing its job and is Development Authority is monitoring the performance conducting itself properly. The problem is, once again, of the train network only to discover that, as I said that that is not what the bill delivers. It does quite the earlier, the minister’s new timetable was causing a great opposite. Under proposed section 79W, which is deal of grief and extending travel times for many inserted by clause 3, the new authority will be required commuters. While this information would be diligently to report to Parliament twice a year only for the first given to the minister under new section 79AE(1)(k), two years and then once a year from that time forward. that very same section makes it absolutely clear that Obviously the minister has decided to ratchet down the under no circumstances can any of this information accountability of the new authority, contradicting his collected by the authority be made publicly available. It previous commitments and leaving commuters well and is stated quite clearly in the bill. truly in the dark. Ironically Labor’s amendment to this provision — amendment 7, as circulated — by ensuring Let us say that the authority conducts a survey — as the that the authority will be required to report to Metropolitan Transport Forum did recently, asking Parliament twice a year, every year, will do more to commuters about their perceptions of local train deliver on the Liberals’ election commitment than the stations et cetera — and asks what could be improved. minister has. A complete absence of accountability The results may show a strong preference for the seems to be something of a theme for this minister and reinstatement of Labor’s premium station upgrades for this bill. program. The minister could access this information, but under no circumstances is he required to make that Another important series of amendments I want to available to the public. It is clear that this provision touch upon are those to a provision that we on this side contained in the bill is in the minister’s best interests, of the house find troubling. Proposed section 79C(4)(a), but it is difficult to imagine how commuters and also inserted by clause 3, deals with the compulsory members of the public could possibly benefit from acquisition of land, and amendments 3 and 4, as being denied such information. circulated, address our concerns. We recognise the necessity to at times undertake compulsory acquisitions In questioning the wisdom of this closed-shop approach in order to build important new infrastructure — road, during a briefing from the Department of Transport — rail or whatever it may be. It would be almost the department always gives excellent briefings, and I impossible to complete works without these kinds of must thank it for that — I was told that members of the provisions being in place. However, the aspect of the community, if they wanted to access performance data bill that we find concerning is that it enables the new or any other information that is collected by the authority to force property owners who are having their authority, would have to submit an FOI request. That is homes compulsorily acquired to take land owned by the the standard method. Aside from the obvious statement new authority as compensation. I understand that this this response makes about the openness and provision is in two other acts but has never been put accountability of the new Public Transport into practice. Development Authority (PTDA), the other glaring problem is that commuters will have no way of even
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The minister’s response will no doubt be, ‘Just trust including through legislation, regulations, standards, me’. However, in our view, based on the Liberals’ guidelines and practices, for the road system … record, that would be a huge risk to take. Where That is what VicRoads is able to do: It continues: homeowners are subject to compulsory acquisition, every effort must be made to ensure that they are not But the new legislation makes clear that the responsibilities of further traumatised by having land they may not want the PTDA do not extend to development of legislation or forced upon them instead of monetary compensation. regulations regarding public transport. Instead, its role is limited to providing advice to the transport department. Surely the Liberals in government would at this point be arguing for the importance of individuals’ rights In short this bill, despite all the promises for over the rights of the state, so I fully expect them to independence and transparency, has more riders than a leap to their feet for the vote on this amendment to Melbourne Cup field. Clearly the minister is keen to ensure that it is passed through the house and that the appear as though he is handing over his responsibilities bill is improved, as it desperately needs to be. so that he can point the finger at the new authority while he sits at his desk reading the form guide for the While government members are considering the Terang races. However, here is the clincher: here he is, amendments and while we wait to hear from the sitting like a spider — — minister to see whether he is prepared to give the bill greater consideration, it is worth noting that in the Mr Mulder — I didn’t even get there. I was minister’s second-reading speech he claims that he has working. I couldn’t even get to the Terang races. the support of stakeholders. For the record it is worth noting that the Public Transport Users Association, an Ms RICHARDSON — You poor dear, working in important stakeholder, is not cheering wildly from the the interests of all Victorians, having to turn up and do sidelines about this bill. It had high hopes for this new your day job. That must be a really hard ask for authority, but it now says it has serious concerns about someone like you! Here he is, in truth, sitting like a the authority’s lack of independence, openness and spider or a grand puppeteer, checking and blocking this accountability. How could the PTUA not have these new authority’s every single move. It is no wonder that concerns, given all that was promised? The authority he sits here shamefaced about what he has delivered for has clearly been nobbled by the minister. Daniel the people of Victoria. Bowen, on behalf of the PTUA, makes it clear that the association is not happy. An article in the Age of What do we know about this new authority? According 11 October headed ‘Public transport body not so strong to the minister, it will plan, coordinate and manage and independent’ says: Victoria’s public transport system but it will be unable to act contrary in any way, shape or form to the Public Transport Users Association president Daniel Bowen commands of the minister. It will be governed by an said the legislation also failed to ensure transparency, with no independent board, with all its members appointed by obligation to explain decisions and matters of public interest … the minister. On the board there will be only one community representative — again, appointed by the ‘It’s something of a surprise to see its independence is not minister — but that person will not be appointed for enshrined in the legislation’, he said. ‘The danger is that it some considerable period of time. There are teething will limit what this organisation can do and the fact that it’s not obligated to put out its reports publicly … means it’s not problems we have to work through, according to the going to be as open as people would hope. minister. We will have to wait to see who he appoints to the board to represent the public. The PTUA’s newsletter goes into some detail about this and makes it plain that it is very concerned about what The authority will operate as the public face of public was promised prior to the election versus what is transport. We will see new badging, new branding and actually being delivered by the minister. a whole new set of promotional materials. At this stage we do not know what the cost will be or how many new I want to make reference to another important concern buses and trams could have been bought instead of the PTUA has raised. During the briefing from the spending money on promoting the minister’s new lame department we were told that the new authority mirrors duck. According to the minister and the bill before the VicRoads and that the two basically walk hand in hand. house, the authority will also deliver a safe, punctual, However, as the PTUA has pointed out, even VicRoads reliable and clean public transport network. Although, has more powers than the new authority being delivered as the minister confirmed again today, that job has been by the minister through this bill. For example, the latest done in 11 months — — PTUA newsletter states: Mr Mulder — Nearly; not quite. We’re getting … existing legislation cites one of the functions of VicRoads as to ‘develop and implement operational policies and plans, there.
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Ms RICHARDSON — Not quite. We are nearly in opposition — yet again what the government has there — 99 per cent there perhaps, Minister. You do not given us is something far from what all of his rhetoric want to rate yourself down, do you? You want to put and promises would purportedly deliver. He has kept 99 per cent of the jobs — — the status quo. Clearly the minister is now happy being behind the ministerial desk getting his advice from The DEPUTY SPEAKER — Order! Comments DOT officials, and he has gone somewhat mute when it will be addressed through the Chair. comes to major projects, as this bill clearly demonstrates. Ms RICHARDSON — I beg your pardon, Deputy Speaker. It is just irresistible. If you are a commuter perhaps hoping that there will be fundamental changes as promised by the new authority, The DEPUTY SPEAKER — Order! Back to the that it will have teeth and somehow act independently bill. or perhaps competitively with the Department of Mr Mulder — Who, me? I have been called a lot of Transport, then your hopes have been snuffed out with things but never irresistible. the delivery of this bill.
The DEPUTY SPEAKER — Order! Conversation I am so sorry to see the minister leave. Isn’t that across the chamber is inappropriate. Comments will be typical? addressed through the Chair and will be on the bill. Mr Mulder — I’ll be back. Don’t stop. I’ll be back.
Ms RICHARDSON — Deputy Speaker, the Ms RICHARDSON — The minister is not here for minister cannot help putting tickets on himself. He has the entire debate, of course. He is off. solved the problems of public transport, and now he thinks everyone finds him irresistible! The ego of this Ms Asher — He has got a meeting. man knows no bounds. Ms RICHARDSON — He has got a meeting to The other thing that this new authority will do is attend. swallow up Metlink and the Transport Ticketing Authority, which was already scheduled to go once Ms Asher — He has paid you a courtesy. myki was implemented. The director of public transport will also go, and while the director’s functions and staff Ms RICHARDSON — Indeed he has. If, as a transfer over to the new authority, there are no commuter, you were hoping for an independent voice guarantees that the director of public transport will be via the authority — an open and transparent voice at the only person to lose his job with the creation of this that — and something that was independent of the new authority. department and that would fight for your interests, again your hopes have been snuffed out. If you were We also know that $10 million over four years was hoping that the minister would have the strength to allocated for this new authority in the May budget, but deliver what he said he would deliver and create an we could not get answers to questions about whether authority able to test and challenge his decisions, again there will be additional funds needed for this new your hopes have been sadly snuffed out. authority, and we also do not know exactly what this amount will pay for as part of the new arrangements. This is an important opportunity for us to reflect on all that was said by the minister prior to the last election The other part of the new authority that I think is worth about the various projects being conducted by the drawing the house’s attention to is that it is abundantly Department of Transport and all the fundamental root clear that the new authority is a client when it comes to and branch changes that needed to be made. They were delivering major infrastructure projects in the state; the so neatly summed up in what was going to be delivered Department of Transport (DOT) is still responsible for by this new independent, open and transparent delivering these major infrastructure projects. Despite authority. Sadly, what we have instead is nothing like all the criticisms that were made by the minister when an independent authority. It is in a sense a sub-branch he was opposition spokesperson on public transport of the Department of Transport that will be doing what about the Department of Transport’s ability to deliver the director of public transport once did, and all the major infrastructure projects, when the opportunity was staff, all of the functions et cetera will be transferred to presented for the minister to say that the government this new authority. was going to do something different and to directly address his concerns — concerns often repeated while
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In fact when the government announced the head of sides, and to come into this chamber and cast that this new authority, Ian Dobbs, I thought, ‘They’ve got aspersion is just not cricket. their man in place to run this new independent authority’, but the government could not even trust him The opposition circulated some amendments, including to take the phone call from the minister and do the right one on compulsory acquisition. We all remember the thing by the new Liberal government. No. As part of poor residents of Footscray — I think there were about this bill the government had to set about nobbling this 20 of them — who found out on the 6.00 p.m. news new authority and putting every conceivable barrier in that they were going to have their houses compulsorily place to ensure that it will not be able to act in the acquired. When opposition members were in interests of commuters, even if it believes, in the case of government they did not have the decency to go and level crossings, that it needs to advocate in the interests consult with people, to tell them, or to go through a best of safety as opposed to politics. practice process.
I am very pleased to see the deputy Liberal leader here The railways were first opened in Victoria by private in the house, because we did talk at length about a companies back in the 1850s. By 1878 the railways crossing upgrade in her electorate that has been were owned by the Victorian Railways, and it was a prioritised ahead of hundreds of other crossings around principal operator of metropolitan and regional rail the state that desperately need funds to ensure that services. Patronage from those years built up until the safety as opposed to politics is put first. The minister 1940s. With the advent of cars, patronage declined until will no doubt reflect upon the various concerns of the mid-1980s, when it stabilised. Patronage started to commuters around the state and will hopefully take this rise significantly from about 1996. This was due to an opportunity to speak directly to the department and to increase in the population and people wanting to do the the Minister for Public Transport and say that he needs right thing: to minimise congestion on roads and to put safety first. minimise emissions so that we can have a sustainable community. Mr WELLER (Rodney) — It gives me great pleasure to rise this afternoon to speak on the Transport This legislation is the fulfilment of a coalition election Legislation Amendment (Public Transport promise to take away some of the confusion. Currently Development Authority) Bill 2011, and I would like to there are three public transport bodies. They will be respond to a couple of comments made by the lead rolled into one so people will know where to go and speaker for the opposition. One of the statements made there cannot be a blame game. The parliamentary by the lead speaker was that this bill is all talk and no library research brief on this bill states on page 7 that in delivery. Is that not the pot calling the kettle black when 2010 the Legislative Council Select Committee on it comes to public transport? Train Services found:
We all remember the buckling lines and the record … evidence to suggest that poor rail service delivery may be linked to a fragmentation of responsibility and accountability number of cancelled services, and we also remember under the franchise system. The committee stated that: the myki ticketing fiasco. Was that not the biggest embarrassment to the former minister, Lynne Kosky, Responsibility for delivery of Victoria’s train services is when she went to try out her card and the machine fell fragmented across a range of government authorities, private operators and independent statutory bodies. The off the wall? What an embarrassment for the former committee believes this fragmentation of responsibility government that it was meant to deliver a ticketing may result in uncertainty in terms of factors leading to scheme for $350 million and it is now up to about and causes of failures in the provision of train services in $1.4 billion. There is no response. Victoria. The Select Committee on Train Services further found that The lead speaker for the opposition also questioned the evidence suggests that existing public transport governance independence of the new board because its members arrangements in Victoria could be streamlined and improved are appointed by the government. I note that the lead by integration under a single authority. speaker for the opposition did not question the independence of judges appointed by the former In the lead-up to the election the coalition made a government. To come in here and cast aspersions on the commitment. We are delivering on the findings of that independence of people appointed by the government is select committee. It was not just the select committee of a very low act. Opposition members could appoint the Legislative Council that made these findings. In people when they were in government, but now we are 2009 the Senate Standing Committee on Rural and in government they say we cannot appoint people Regional Affairs and Transport References published a because they will not be independent. It works for both report entitled Investment of Commonwealth and State
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4805
Funds in Public Passenger Transport Infrastructure ensure that the public transport system operates as part and Services. Submissions stressed that: of an integrated transport system which seeks to meet the customer service needs of all users. It will manage The key element of — the public transport system in a manner that supports a good government — sustainable Victoria. As I said, if we can get more people onto public transport, there will be fewer cars on was usually said to be a single regional public transport the road, meaning less congestion and less emissions — authority with the power and responsibility to plan and deliver contributing to social wellbeing by providing access to the city’s public transport service in an integrated way under a opportunities and supporting livable communities. The single brand (whether or not service provision is contracted out). less time you spend travelling to and from work, the better your standard of living. The authority will This government is rolling out findings endorsed by the promote economic prosperity through efficient and Legislative Council select committee in 2010 and a reliable movement of public transport users while also Senate committee in 2009. This is an example of the supporting rail infrastructure purposes. coalition listening and acting. Those of us living in regional Victoria understand the The independent board will consist of a chair, a deputy importance of getting freight onto rail and off the roads. chair, a community representative — so that we With another reasonably sized wheat crop this year it maintain in touch with what the community views will be important to have as much of that crop as are — and up to four other directors, who will possible carted to the port by rail. The Public Transport obviously have a broad base of skills needed for a good, Development Authority’s functions include acting as functional board. The Public Transport Development the face of the public transport system, assisting with Authority will be responsible for ensuring that the construction and maintenance of public transport Victorians have access to safe, clean, punctual and infrastructure, managing the operation of public reliable public transport services — again, this was one transport infrastructure, planning for the public of our core election commitments. In the lead-up to the transport system as part of an integrated transport 2010 election the coalition committed to getting the system and managing the coordination of trains, trams basics right: trains that run on time, trains that have and buses so that they are properly linked — they all working air conditioners, trains that are comfortable get there and you can get off one and onto the other. and clean, and the public safety of those passengers, to The authority’s functions also include developing and be delivered through the deployment of PSOs implementing policies and strategies to improve the (protective services officers). safety and security of public transport systems — that is, the deployment of PSOs, which we are on target to The objects and functions of the powers of the Public deliver as promised — and providing and operating the Transport Development Authority go beyond those ticketing system, because obviously the myki ticketing currently applied to the director of public transport. system problems have gone on for too long. Once again They are strengthened to reflect key priorities, we are going to clean up the mess and get on with the including coordinating and integrating transport modes, job. auditing all Victorian public transport assets and reporting publicly on the value and condition of the In conclusion, public transport has been important to assets, along with the cost of reviewing them to bring Victorians since the 1850s, as members have read. We them up to modern standards. Again, it was an election have seen the number of users of public transport grow coalition commitment to advocate for extensions to the until the 1940s and then decline until the 1980s. Since public transport network and promote public transport the 1980s there has been an increase in patronage, with as an alternative to cars so that we could have it taking off in 1996 and ramping up since about 2006. sustainable living here in Victoria. This bill is an election commitment that the Baillieu government is delivering on. We went to the election The primary objective of the Public Transport saying we would get the basics right. Everyone Development Authority is to plan, coordinate, provide, remembers the record numbers of cancelled services. operate and maintain a customer-focused public We have the services back on and running. We all transport system consistent with the vision statement remember that public transport services had no air and the transport system objectives in the Transport conditioning when it was stinking hot. We have the air Integration Act 2010. In other words, the government is conditioning running again. We all remember people putting customers first. Once again the emphasis is on being worried about their safety on public transport. We trains that run on time, trains that actually turn up and have the protective services officers coming back. I trains that are comfortable to ride in. The authority will commend the bill to the house.
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
4806 ASSEMBLY Tuesday, 25 October 2011
Mr BROOKS (Bundoora) — The coalition parties names on the boards outside the elevator shafts. It is went to the last election clearly promising to establish just a reorganisation of people’s titles in a different an independent statutory authority — a new body, the organisation. As I said, the authority will have no Public Transport Development Authority — to plan, independence and the same people will be carrying out manage and coordinate Melbourne’s and Victoria’s the same functions in the same areas other than a public transport system. I think it is fair to say that couple of minor areas which I will talk about in a public transport users and those who passionately moment. support public transport generally supported that concept. There is a fair degree of support for the notion, It is not just members of the parliamentary Labor Party whether or not it is correct, that a single coordinating in opposition saying that the new body will lack authority — and people cite overseas examples — independence. As the shadow Minister for Public would provide a clearer and more centralised way of Transport just pointed out, members of the Public planning and managing a system of many different Transport Users Association, probably one of the most components. vocal groups commentating on public transport issues, have quite clearly stated publicly that this new It is a lot easier, of course, to make promises when in organisation is not what members of the association opposition than it is to deliver such things when in were hoping for. I quote from the Age in which the government. This bill is a classic example of that, with president of the Public Transport Users Association, this government when in opposition promising Daniel Bowen, is reported as saying: something before the last election, coming into government and then, nearly a year later, admitting It’s something of a surprise to see its independence is not enshrined in the legislation … The danger is that it will limit through this bill that it cannot deliver what was what this organisation can do and the fact that it’s not promised. Government members are admitting that the obligated to put out its reports publicly … means it’s not things they said they would achieve through the going to be as open as people would hope. development of the new authority cannot be done. As the opposition’s lead speaker, the member for It is clear that the government is not delivering on what Northcote and shadow Minister for Public Transport, it promised the Victorian people it would. As we have said, this body will be answerable in every way to the seen across a range of areas, the government has Department of Transport and to the Minister for Public wanted to tick off on an election commitment and it has Transport. brought into this place a bill that does not do what the government says it does, but it tries to claim it as a As I said, members of the then opposition made a completed election promise. number of pre-election statements. In a media release dated 14 November 2010, the now Premier said: There are also the interesting arguments that you, Acting Speaker, made in your contribution to the debate Victoria badly needs a new, independent statutory authority to before mine, just before you took the chair. You plan, coordinate and manage our public transport system. mentioned the committee reports commenting on the fragmentation of the public transport system and how a What we see is that the Public Transport Development fragmented system operates. It is quite curious, if that is Authority will have its powers corralled by the the concern of the government, that it would appoint a Department of Transport. It is clear, in black and white Kennett-era person to be the interim head of the new in this bill, that the authority will report to the minister Public Transport Development Authority. I understand and not to this Parliament and indirectly through to the that the same person who helped to break up the system public and that its budgets will be subject to the whims and oversaw many job losses through the 1990s has of the minister of the day. The other revelation is the been brought back in to supposedly reunite and run this existing bodies that the new authority will subsume the central authority. It is a very curious appointment. We office of the director of public transport, Metlink, and will have to wait and see how that all works out. eventually the Transport Ticketing Authority. Thankfully it was confirmed at the government briefing There is also a pattern in terms of independence in this that there will be no job losses in those departments. government. I will not stray from the bill, but in other We are certainly glad that no-one, other than the areas of government the coalition’s rhetoric on director of public transport, will lose their job. If there independence, transparency and open government has are to be no changes to the staffing, the establishment of been shown to be false — — the new authority represents a rearrangement of workstations at 121 Exhibition Street. This bill is about the same people doing the same jobs but with different
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4807
The ACTING SPEAKER (Mr Weller) — Order! I with people in my electorate. To think that there is a remind the member that he said he would not stray possibility that the government would rebrand that from the bill. service and that we would bear the cost of rebranding all our trains, trams, V/Line services and SmartBus Mr BROOKS — FOI legislation is one matter I services simply so this government can tick off an would point to particularly, if I were allowed to stray election promise is outrageous, particularly when we from the bill. consider the cost of some of the programs in other areas that this government has cut. We talked about the In public transport, it was not long ago that we saw the Victorian certificate of applied learning earlier today, director of Transport Safety Victoria having to take the and the Take a Break occasional child-care program is extraordinary step of speaking out publicly on concerns another example. The funding that would be required to he has about the impacts of this government’s laws on rebrand all these services would be better spent on his independence and ability to freely go about his work some of those core services where people want to see of ensuring the safety of Melbourne’s and Victoria’s their government take action rather than repainting and travelling public. There is a pattern of this government rebadging our trains, trams and buses. being happy to interfere with independent people who are supposed to look after people’s safety and ensure In summary, the government claims that this authority that the public interest is upheld. will be independent when in fact it will be funded by the minister, it will be controlled by the minister, its There is also the acquisition of land. The shadow powers will be set by the minister and all the members Minister for Public Transport mentioned new of the board of directors will be appointed by the section 79C(4)(a) which is inserted by clause 3 and minister. The bill is obviously a sham, and I can provides that: understand why the Minister for Public Transport … the Public Transport Development Authority may require would be embarrassed by it. The amendments the owner of the land to take any land adjoining it that is foreshadowed by the shadow Minister for Public owned by the Public Transport Development Authority and is Transport, the member for Northcote, would improve no longer required by the Public Transport Development the bill and hold the government to some of its election Authority … commitments. I urge the members of this house to My reading of that provision is that it means that, if the support those amendments. government were to proceed with one of the rail extensions it is currently talking about and planning, a Mrs BAUER (Carrum) — I rise to speak on the property owner could well have their land acquired but Transport Legislation Amendment (Public Transport that instead of, as under the existing arrangements, Development Authority) Bill 2011. It is a pleasure to being compensated in cash — that is, being paid for speak on this bill, and I commend the Minister for their land — so that they could choose where they Public Transport for his great leadership in this area. might want to go, under this legislation they might be The bill is a very important piece of legislation. It is a told to take land from the Public Transport step in the right direction to fix the problems in Development Authority in lieu of a cash payment. I Victoria’s public transport system. I cannot believe consider that to be extraordinary. It is important that some of the hogwash we have heard over the last members consider the amendments that have been 5 minutes or so. This bill establishes a new transport foreshadowed by the shadow Minister for Public legislation authority, the Public Transport Development Transport in terms of protecting people from Authority, to coordinate, manage and plan all inappropriate use of that provision. metropolitan and regional train, tram and bus services. It is great news for all Victorians. It will instil In the government briefing, for which I thank the confidence in the system. departmental officers and the minister’s office, it was mentioned to us that Metro Trains Melbourne, Yarra My electorate of Carrum relies heavily on public Trams, V/Line and the SmartBus were among the transport. It has seven train stations — at Aspendale, sections of the public transport system that would Edithvale, Chelsea, Bonbeach, Carrum, Seaford and possibly be rebranded as part of the establishment of Kananook — and hundreds of bus services each week. the Public Transport Development Authority. It was a I note at this stage that the community has welcomed surprise to me because I know that out my way the the improvements to punctuality on the Frankston line SmartBus is very popular. The branding of that bus that we have witnessed over the last several months. works quite well. People see it as providing a regular, Coordination of these services, along with train, tram reliable and clean service. It is one that is very popular and bus services across Victoria, is a mammoth job, and we recognise this, but paramount to running an efficient
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
4808 ASSEMBLY Tuesday, 25 October 2011 and reliable public transport system is the coordination about helping to clarify the authority’s role in of the system by this authority, and we want more coordinating the transport system as a whole, including people to use more public transport more often. freight, road, sports and cycling. Its long-term aim is to establish a means to an efficient, coordinated transport One of the major problems with trying to achieve this system throughout the state which meets not only in the past was the lack of a central body to oversee the immediate needs but also the needs of the state well system. The more authorities that are involved in into the future. The flow-on benefits of this strategy coordinating these services, the more chances there are will be enormous. Not only will commuters feel better that something will go wrong and more problems will off and be better off but so will businesses and arise. This has certainly been an issue in the Carrum industries that rely on rail freight. Savings will be made electorate. There has been poor coordination of train as bureaucracy is reduced and administration and bus services to meet the needs of commuters. streamlined under one body. Gaps in the public Schoolchildren tell me that if they, say, catch a train at transport system will be identified and expansion plans Mentone and disembark at Carrum, when they arrive at will be developed. A better system will attract more Carrum they have to quickly run down the platform, patrons and the benefits of travelling on public transport cross the road and within 1 minute their school bus has will be extolled. taken off. This impacts severely on children in my local community. When they cannot get there they have to The government has listened to the community about wait half an hour for the next bus to take them home. feeling unsafe on public transport, and it will deliver There has just not been enough time allowed for them protective services officers to address this issue. We to get from the platform to the other side of the road, have made the best of the inherited myki system, and and that is a result of a lack of coordination. we are now determined to implement a plan that will place responsibility and accountability for our public It is not only students but also workers who need to transport system in one body, the Public Transport connect to buses to continue their journeys, and they are Development Authority. faced with the same problems. I am told about these problems sometimes every second day or on a weekly As a member of the bipartisan Family and Community basis. It seems to me that common sense should prevail Development Committee I am currently involved in an and the failure to schedule a departure time that is just a inquiry into the participation of senior Victorians. The few minutes later means commuters are not being committee hearings have revealed the importance of provided with the service they deserve. The new Public public transport for senior Victorians. Access to public Transport Development Authority will go a long way transport is an important factor in providing towards sorting out these frustrating and often opportunities for participation and preventing social unnecessary problems. isolation of older people. Many older people depend on public transport services in order to participate in their In my role as the state government representative for family, social and volunteer activities, as well as for Carrum, the establishment of one body will make it access to essential services. The committee is hearing easier for me and my office to deal with constituent this every time it meets. inquiries. The public transport system in this state is one of the few in the country to be managed by three In many cases older people turn to public transport as a different bodies: the Department of Transport, the transition from driving. Alternatives to public Transport Ticketing Authority and Metlink. The transport — for example, community transport and development authority will eliminate many of the taxis — often do not meet the needs of older people. frustrations when trying to find information to resolve The provision of accessible, coordinated and affordable issues on behalf of constituents by providing a one-stop public transport that is safe for Victorian seniors is what shop for customers, operators and agencies. It will also is needed. In Victoria much has been done to improve provide a centrally based source of information and the accessibility of public transport for older people and feedback necessary in the formation of departmental people with a disability, and we are moving towards policy. This plan will go a long way towards solving compliance targets under the national disability the confusion, buck-passing and lack of responsibility standards. that has taken place in years gone by. The buck will now stop with the Public Transport Development Through the committee hearings suggestions have been Authority. made by many organisations that the coordination of these efforts still needs further attention. For example, However, this bill is not just about coordinating local older people who are able to get on a tram at an and regional train, bus and tram services. It is also accessible tram stop might travel along the tram route
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4809 and find there is no accessible tram stop at the other end transport system in a big city. But one of the things that for them to disembark safely at. The committee is we know makes Melbourne the most livable city in the hearing that there is a need to plan adequate world is that we get rated well. Despite what we as infrastructure and safety around public transport, politicians say, and sometimes what commuters say including appropriate kerb guttering and accessible when they get frustrated with the system, one of the toilets. We have heard that regional areas continue to reasons Melbourne is one of the world’s most livable experience issues relating to access to and coordination cities is that it gets rated quite highly on its public of public transport. The establishment of the Public transport system. Transport Development Authority is certainly a step in the right direction to fix the problems of Victoria’s To say the system is not integrated is wrong; to say it is transport system. The minister said in his opening wrecked is wrong. As politicians we experience some statement to Parliament that it is time we put passengers of that problem. We have it in opposition, and then first, and I agree. This bill will successfully do that, and when in government we end up having to deal with the I commend it to the house. consequences. This is exactly what the government is trying to do with this bill. We try to differentiate Mr PANDAZOPOULOS (Dandenong) — It is a between products. Attempting to say the system is pleasure to speak on this bill. We will not oppose the wrecked to discourage people from using the system, bill on the basis that it was generally an election thereby encouraging them to hop into their cars when commitment, albeit not exactly, as has been spelt out by petrol is at record prices, is something we do as the shadow Minister for Public Transport. Our role in politicians to attract votes, because people do think opposition is to make sure that the government keeps to about their situation at a certain point in time and do its commitments, thus the amendments, and also to forget, for good or bad, what the history has been. keep the government accountable for a range of policy areas and actions that are not part of election When we came into government we had a whole lot of commitments. other problems. You, Acting Speaker, as the member for Rodney, said a couple of things — for example, I often talk on public transport issues. Dandenong is ‘What about all those cancelled train services?’. When proudly a public transport manufacturing electorate. we came to government a whole lot of railway lines had Most of our trains, trams and buses have been and are been closed. It is a bit hard to complain about cancelled being manufactured in Dandenong. It is good that services when there are none. We expanded a lot of Bombardier has received another contract recently, as those and therefore increased congestion in the has Volgren following the massive expansion of the bus system — by putting on more trains and adding more system in the last decade to service our rapidly growing lines we added to the congestion. We also increased community. The integration of public transport policy service and met customer and community needs. But and delivery is very important, and that is what this bill every extra train and every extra service adds to does, but it is an insult to everyone in both the public congestion on our system, because we have accepted and private sectors involved in the delivery of public the historic situation we inherited. transport to imply, as an excuse for this bill, that there is no integration, that everyone is working in silos and We have a spiral system for Melbourne, with a few that no-one works together. That is clearly wrong. The areas that do not have good fixed rail access, such as reality is that most of the same people who have been Doncaster and Rowville. I hope the government will doing what has been going on in the last decade or so not walk away from its election commitments to service will end up being the same people doing this, except those communities by using this authority’s supposed that there will be a new statutory body and the director independence, because really this authority is a bit of of public transport will no longer be there — so it is an smoke and dagger — — insult. Ms Allan interjected. The reality is that since the privatisation of the system it has been very much a split up service. Some people Mr PANDAZOPOULOS — No, smoke and would say it has not actually worked too badly. We all dagger. I am talking about the smoke of independence. have criticisms of public transport. I think from our If you are not going to proceed with the Rowville earliest memories we have heard complaints about railway service you can say, ‘Independent directors of people having missed the bus, about trains running late this statutory body have advised the minister’ — and about insufficient services, not enough services in although they will not be independent and will get growing areas and congestion on the roads as a result of advice only from the minister, act on behalf of the trains on railway crossings. It is just the reality of a minister and implement the minister’s budget
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
4810 ASSEMBLY Tuesday, 25 October 2011 outcomes — as the new excuse for why things will not is the determinant of what makes a priority? Is it growth happen. I hope this will not be the case. of population? Is it growth in public transport usage? Is it the number of accidents on the system? Whatever it Also, it is hard to predict what our growing population is, that criterion is publicly known. will be. We have had record post-war migration in recent years, mostly from the John Howard I urge the government, when creating a statutory body, government, which is quite interesting. How do you to think that there are some good statutory bodies that predict that when it takes so long to create new lines work quite well in Victoria. They have boards and they and to deal with the historic anomalies? When make themselves accountable to their stakeholders. In Melbourne’s underground rail system was opened we the case of public transport the stakeholders are the may have thought at the time it was of world standard, people of Victoria. We have water bodies that consult even though there were other cities in the world that regularly with their stakeholders. Whether it is had bigger metropolitan systems. When we actually Gippsland Water or South East Water out my way, they look at integrating public transport, we know our do consult. They consult, they put out newsletters and biggest impediment to getting things done for they respond to emails and phone calls. When there are Melbourne and for country rail services is the city loop works, they consult with the communities. They consult system. The city loop is limiting our ability to grow the well with local councils. I would like the minister when public transport network: to expand it, to put on more he comes back when we are summing up on the bill to services and to meet the growing needs of the tell us what the role of this board is in consulting with community. the stakeholders and reporting back to the stakeholders.
There have been some projects — obviously the The Minister for Tourism is at the table, and she knows regional rail link is part of that — to address that very well that one of the great things about Tourism problem. There have also been fixed rail deficiencies in Victoria is that the members of the board are out there the western suburbs, because when the lines were put in as a board working closely with the tourism industry, place, mostly in the Liberal-National party years, there because we can only grow the tourism that we have was not much population there and those areas were not done so well when we are coordinating efforts together serviced afterwards. In considering this bill let us not and we are listening rather than just making simple believe there has been no integration. It is a cheap shot one-off press release announcements that might look against very dedicated public sector workers and those good on a particular day. We all work a lot better when in the private sector who worked pretty hard to make we get to where the real priorities are, where the sure that under very difficult and trying circumstances community says the priorities are, where the experts say we have been generally meeting the vast majority of the priorities are and where the private sector says the needs of public transport users. priorities are, and I would hope that the new authority does that as well. I find it quite interesting as a fan of public transport how many people in cities all over the world complain At the end of the day this is an election commitment. about their public transport system. I guess when you We will support it. I would like to see more are in a hurry — it has happened to me as well — you transparency and more reporting back to this Parliament think, ‘Maybe I should have left 5 minutes earlier’, and stakeholders, thus the amendments, but I look ‘Maybe I shouldn’t have taken that phone call’ or ‘It forward to everyone else’s contributions to the debate. was a bummer I missed that parking spot at the car park and I’ve got to park a bit further away’. It is very easy Mrs POWELL (Minister for Local Government) — to sit there and say it is the rail system’s fault as well. It I am pleased to speak on this legislation and say how is important that we acknowledge that sometimes, as proud I am that this is another example of the Baillieu dedicated supporters of the public transport system and government delivering on another election as commuters, we get it wrong ourselves. But there is commitment. no doubt that there are a whole lot of things that need to be done. The purpose, as was said earlier, is to establish a new statutory authority — the Public Transport At the end of the day public transport is really about Development Authority (PTDA). The authority is to ensuring the future and continuing viability of our city have a look at all of those issues that are so important to and our state to continue to retain that world livability people as they use public transport — the planning, the status we have. It is all about investment, and it is all coordination, the managing — and it is not just for rural about making sure that out of this process we get not areas; it is for metropolitan rail services as well. The political projects but projects funded on priorities. What PTDA board will have a look at all of those issues
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4811 around trains, trams and bus services, so it is going to The impact is huge on people who use public transport be really important. and miss connecting buses when they come back to rural areas. They might be late for appointments, and As former speakers have said, there has been growth for people in country areas sometimes it takes many over the last 10 or 11 years in the public transport months to get an appointment with a specialist in system, but the former government did not fix the Melbourne; they have no alternative, no other choice. If problems, and it is up to this minister and this a train or bus gets in late to Melbourne, they can miss government to try to fix these problems. It is not going their appointment, and if they are late for an to be easy, because there are some massive problems to appointment and have to wait in the waiting room of do with growth corridors and not being able to integrate one of those specialists and miss the late train, they some of the regional services into those growth have to stay overnight because they do not have other corridors. options. Many people have come to my office and said that they have missed the train because they were late There are also — after 11 years of the former or that the train left early and they were not able to get government knowing that this growth has occurred but that train back to Shepparton or other regional areas. not fixing the problems — massive issues in country areas and for country rail travellers. I get those I have had a number of people come into my office — complaints all the time in my office. There were too and I know the member for Rodney mentioned this in many authorities dealing with the public transport his presentation — who have been on trains in the service, and I would like to congratulate the Minister middle of summer when the air conditioners have for Public Transport for his hard work and commitment broken down. A number of people over a period of in providing Victorians with better public transport months came into my office in Shepparton and already. He is already getting the basics right. Already complained about being on trains in the middle of trains are running on time. That was not able to be done summer — and you can imagine what the heat would under the former government. In the last number of be like — and having to leave from either Melbourne or months under this minister the trains have been on time, Seymour in a train that had no air conditioning. It puts so already we are getting a better service. We applaud people off using public transport. We cannot afford to the Minister for Public Transport in the work he is have people leaving public transport. We need to have doing with the authorities and the work he is doing with them on there to stop them from having to travel by car. the stakeholders in making sure that trains run on time Some of those people do not like travelling by car and making sure that those train services are because they do not like driving in Melbourne or they convenient, reliable and all of those things that people do not like having to try to find a car park in need when they want to travel on the public transport Melbourne. service. A lot of people really want to use the train service, so The PTDA will be governed by an independent board, we have to make sure that the service is safe, and although it will be appointed by the minister, it will convenient and all the things that make people want to be independent. Members are put on that board for their use it again and again. I know the Minister for Public expertise, for their skills and for their knowledge about Transport is looking at all those issues. public transport, and I know that this board will really look at the best way to bring forward public transport Over the last 10 years Shepparton district train for the community of Victoria. It also has to make sure travellers have raised with me a number of issues about that the transport service in Victoria is safe, clean, better timetables and trains getting in before punctual and reliable. That is what people ask for of a 9.00 a.m. so that professional people can go to lectures public transport service. They just want those things. and business appointments. I have spoken to the Minister for Public Transport about this. He came to Some people do not have a choice about travelling to Shepparton and heard about the timetabling issues. We Melbourne or travelling to wherever they are going have a number of different sorts of timetables. From other than by using public transport, so they rely on it to Monday to Thursday we have three train services and get to their appointments on time. I know that some of two coach/train combinations from Shepparton to the unreliability on country trains now is happening Melbourne, and on Fridays we have an additional because they have to wait in line in those corridors for coach/train combination. There are three train services the Melbourne trains to either leave the stations or leave and three coach/train combinations from Monday to the corridors, or because the rural trains are getting Friday from Melbourne to Shepparton, so that is six caught in that blockage of the congestion of trains services a day. On Saturdays we have two trains in each going into Melbourne. direction between Shepparton and Melbourne, and on
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Sundays we have three trains and a coach/train crossings. This government is making sure that people combination in each direction between Shepparton and have somewhere to go if they have complaints and that Melbourne. The patronage has increased substantially those complaints are listened to. I commend the on the Shepparton line. Minister for Public Transport for the great work he is doing. I commend this bill to the house, and I urge the The Minister for Public Transport was able to Parliament to pass it. I wish it a speedy passage. experience this service firsthand when he came with me on the train from Melbourne to Shepparton last Ms GARRETT (Brunswick) — I rise to make a Wednesday. I have to say it was a fantastic train contribution to the debate on the Transport Legislation service. It took about 2½ hours to get from Melbourne Amendment (Public Transport Development Authority) to Shepparton. On the train we spoke to a number of Bill 2011. I do so following on from several other people who use the service on a regular basis. It is speakers from the opposition and state that Labor does really great to know that people use and enjoy that train not oppose the bill; however, it has some serious service because sometimes that is the only means they concerns about its content. The shadow Minister for have to get to Melbourne. Public Transport has proposed some excellent and outstanding amendments, which we urge the The minister was in Shepparton on an overnight stay. government to take on board in order to ensure that the The next day he met with a number of organisations overblown rhetoric regarding this piece of legislation, including the Goulburn Valley Highway Action Group both prior to the election and what we have just heard and Shepparton RAILS, which gave the minister a in this house, at least comes somewhere near the mark suggested timetable and its thoughts about improved of being realised. rail services. The minister also met with the City of Greater Shepparton council, which stated that one of its As we have heard from members of the government, it biggest priorities was to achieve improved rail services came to power on the back of a catchcry to ‘fix the between Shepparton and Melbourne and to increase problems and build the future’. Over the coming years patronage at the stations. we will see whether the implementation of another authority by basically moving some Lego pieces around The minister returned to Melbourne on the afternoon will stand the test of time and be judged as fixing the train service with his adviser so he was able to problems and building the future. experience train travel both ways, and that is really important. I know the minister takes his responsibilities We cannot wait to see the number of magical things very seriously and travels right around the state. He this public transport body will apparently do, according talks to people in Melbourne about their experiences of to the many speakers on the government benches; we public transport services and to people right across cannot wait to see this almost perfect transport system. country Victoria as well to get an idea of what is We have heard there will be no train delays, a seamless needed in the public transport sector and what the coordination of all services and cleanliness of the travelling public needs. He understands that people highest order — an extraordinary list of things that will want reliable, safe and convenient train and bus come from moving these Lego pieces around. We will services which arrive on time and on which people feel see whether or not what is promised in this sort of safe. overblown rhetoric, like so much of what this government does, comes to fruition or not. I know patronage has increased right across Victoria and not just in country areas, but the patronage on the What is clear is that this government made a very Shepparton to Melbourne train line service increased to strong promise prior to the election that this body 273 146 patrons in 2009–10 compared to 138 959 would be an independent body for the purposes of patrons in 2004–05. More people are using public running, advocating for and planning the public transport, both trains and trams. Governments of all transport network — a frank and fearless advocate, if persuasions have to make sure they look to the future you like, with a consumer focus. This is the promise and do not just provide a public transport service for that the Victorian people are entitled to expect to be today. They need to understand what public transport delivered, and it is the test on which the government travellers need from their train and tram services over will be judged, but on the face of this legislation we can the next decade. see that this is a test which it is clearly going to fail.
This government is doing the work. It is having a look This authority was supposed to be a frank, fearless and at the basics. It is getting the basics right. It is making independent advocate for the consumer and for public sure, for instance, that there are safety barriers at level transport, independent of government. Yet in the
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Tuesday, 25 October 2011 ASSEMBLY 4813 legislation we see that the role of this authority is forward by the coalition prior to the election. I highlight restricted to acting within the goals of the Department to the house amendment 2 as proposed by the shadow of Transport and its minister. If you are going to create minister, which provides: a genuine advocate then that advocate needs to be free to advocate for whatever it believes is most appropriate The Public Transport Development Authority must publish any report provided to the minister under subsection (1)(k) on and to take up the concerns of those it advocates for, the Public Transport Development Authority’s internet whether or not this falls within the narrow scope of website within 14 days of providing the report to the minister. what the department or the minister may like the body to focus on. You certainly cannot create a free advocate This would be openness and transparency. This would if you so significantly constrain the scope of their be in accordance with the commitments made. This advocacy. would satisfy the test that the government set itself of creating a truly independent body that would act at The shadow Minister for Public Transport has proposed arms length from government in the best interests of the some very sensible amendments to address this public transport system and its users. We ask the particular issue. Amendment 1 proposes that the government what on earth it has to be afraid of, and I authority would act: think we know the answer. We know that under this legislation the minister is able to intervene in the affairs … as an independent advocate and spokesperson for the of this authority at any time he chooses. We know that public transport system, including advocating for a position which may not be in accordance with the government’s the authority is to be constrained by the goals of the public transport policies or the department’s planning department. It is not independent. This is just another framework … layer of secrecy and another failure to provide transparency for what was promised. There is no point pretending you have an independent advocate for the consumer and the customer if they are The public transport system is a key area of service so dramatically constrained. If the government is going delivery to all Victorians, particularly in my electorate to be true to its commitment and stand up to what it said of Brunswick. Recent census data shows that nearly a in the public domain, we urge that it adopt that quarter of the people in my electorate use public amendment. transport, which places it in the top three. What people in my electorate want to see are actual outcomes in Similarly, the legislation before the house allows the public transport to continue the investment made by the minister to intervene and give the authority direction as previous government. We have major issues of he sees fit. Hang on. The government is supposedly overcrowding on our trams, including on routes 1, 8, creating an independent authority but it is then able to 19, 55 and 96. There are major problems with the train intervene when it does not like that authority’s views? system and yet we have this policy, this flagship policy We now know what this government meant when it of this government, which is a moving around of the said it intended to ‘fix the problems’. Lego pieces and the creation of another authority which Ms Green — The fix is in! was meant to be independent and which this legislation clearly shows will be anything but. Ms GARRETT — The fix is in! On its flagship policy on public transport, the fix is certainly in. Again It is time that this government started to match some of we highlight the amendments that the opposition is its rhetoric prior to the election and to invest properly in proposing to ensure that the independence of the the public transport system, not rip services out of the authority is absolutely protected. I go to amendment 5, west, not commit repeatedly to feasibility studies that which we say should be inserted to ensure that: seem to go nowhere, not approach this policy with all of the nonsense and huff and puff that we have heard The Public Transport Development Authority is not subject to today about what a magic bullet and magic wand this the direction or control of the minister in respect of the transport authority will be when it is just a moving performance of its duties and functions and the exercise of its around of the Lego pieces. Supposedly it is creating a powers. perfect system, yet where is the investment in that In a similar vein, if we are interested in openness and system? Where is the vision for transport? How is the accountability, as this government led the Victorian government addressing the growth areas? Where is people to believe it was prior to the election, then there there an acknowledgement of the fact that Melbourne is should be requirements for regular surveying and the fastest growing city in Australia? Where is the reporting of the authority to be made public. On any government’s approach to regional Victoria? Where is assessment this would seem to be the expectation of the the response to all of these issues? community on the basis of the clear commitments put
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This government is letting the Victorian public down Then we have the ultimate in cost blow-outs, aside by creating smokescreens and mirrors, by serving up from the desalination plant — the myki ticketing nonsense, by serving up what it says achieves the system. This is another black hole that was left to us by promises it made when it clearly does not; even on its the previous government. I still have fond memories of own tests it does not. We call on the government to the press conference with the previous transport look at the amendments that have been circulated and at minister where that machine fell apart; I assume a the very least to get the independence of this authority media adviser no longer worked for the minister after right. The government should deliver on what it has that incident. Even the federal member for promised, and then, for heaven’s sake, government Corangamite, in one of his recent media releases, members should roll up their sleeves and start doing agreed that the Baillieu government has unfortunately some genuine work to deliver real solutions and inherited a black hole in myki. He was certainly outcomes for a growing state. criticising his own by saying that, and three of them are here in the chamber — the members for Lara, Geelong Mr KATOS (South Barwon) — It gives me great and Bellarine. However, the Baillieu government is pleasure to rise this afternoon in support of the continuing with myki as it would cost more to start Transport Legislation Amendment (Public Transport from scratch, and that is the problem. To remove that Development Authority) Bill 2011. This bill will system and start again would cost taxpayers a lot more. establish the Public Transport Development Authority, The difference is that we will get myki right. a statutory authority, to plan, coordinate and manage all metropolitan and regional public transport services, The three examples I have provided of the including trains, trams and buses. The Baillieu incompetence and cost blow-outs of the previous government has a strong mandate to introduce this new government reinforce the Baillieu government’s authority as it was one of the centrepieces of its public decision to implement the Public Transport transport policy, which was announced on Development Authority. The authority will oversee the 14 November last year. delivery of a safe, punctual and clean transport network. It will plan, coordinate and manage Victoria’s public Victoria has simply had too many transport bodies and transport system to deliver outcomes that are focused they have not operated in a coordinated fashion. The on its customers — that is, the general public. incompetence of the previous Labor government resulted in some quite embarrassing cost overruns and The authority will administer arrangements to provide black holes. There is a litany of these projects. The tram, bus and rail services in metropolitan Melbourne previous Labor government spent $919 million on the and trains and buses in regional Victoria. The authority regional fast rail project, which included the will be the face of Victoria’s public transport system. It Geelong–Melbourne line. When this project was first will focus on the fundamentals of having clean, reliable announced, it was costed at $80 million. There was a public transport services that arrive on time. That is cost blow-out of $839 million. Do members know how what the people of Victoria want. They do not want to much time that saved on the Geelong–Melbourne line? see millions of dollars wasted on advertising, such as the ads commissioned by the previous government to Honourable members interjecting. tell us about its Victorian transport plan with those nice, catchy jingles that used to be on television and which Mr KATOS — It is a good thing the member for we have thankfully removed. One could never forget Frankston has asked that. The project provided a time the $20 million that was to be spent on fairy lights for saving of around 3 minutes. That is about $300 million the West Gate Bridge — another thing we scrapped. It per minute, which is clearly not good value for the would have been an absolute waste of money. taxpayers of Victoria. The authority will be focused on improving public Then there is the regional rail link — another cost transport safety, reliability and efficiency. This side of overrun that has added up to almost $1 billion. Despite the house has made a commitment to public transport the overrun, it is a worthy project that the Baillieu safety, with an additional 100 transit police and government is undertaking despite the Gillard federal 940 protective services officers. Under the bill the government’s callous deferral of $500 million in authority will replace and incorporate the roles and funding, which will see the project completion blow out responsibilities of the director of public transport, by another year; it will be finished in 2015 instead of Metlink Victoria Pty Ltd and the Transport Ticketing 2014. Clearly under the previous state government one Authority. The Public Transport Development hand did not know what the other was doing. Authority will be governed by an independent board appointed by the minister. These appointments will be
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4815 based on expertise in the field. They certainly will not manage all metropolitan and regional train, tram and be cronies who were put there for political reasons; bus services. According to the bill the authority is also these will be people who have expertise in transport. to be responsible and accountable for achieving The board will consist of a chairperson, a deputy significant improvement in the reliability, efficiency chairperson, a community representative and up to four and integration of public transport services across the more directors. The authority will be required to submit state. reports to Parliament twice a year in its first two years and annually thereafter. It will be given an appropriate Obviously there is a lot of responsibility on this charter and the corporate powers necessary to deliver statutory body. It is good to see the Minister for Public on the government’s transport policy. Transport in the house. I think he possibly wants to use this authority as a scapegoat for any problems that may We might take a look at what happens in other states. arise in the future. I suspect this statutory body is being New South Wales has recently passed a bill that established so that in the Sergeant Schultz examples we established Transport for NSW, which is a new often see in the house, where ministers say, ‘I know authority that will enable other agencies to focus solely nothing; it is not my problem’, there will be a statutory on delivering quality services. In 2008 the TransLink authority that will take the blame for the problems that Transit Authority was established in Queensland. The occur in public transport. By the same token, if there is TransLink Transit Authority in Queensland has some good news coming out of this authority, I am sure responsibility for operational network planning; the minister will take credit for it. I know he will ensure purchasing and delivery of services, including, for that he shares good news, when good news occurs, example, the coordination of timetables of different through his direction to the statutory body. modes of transport; and managing and maintaining delivery of infrastructure for these critical services. I feel sorry for the members of this new board, who will Queensland has gone along this way to have a be hand-picked. I hope that the board is not centralised body, as has New South Wales. Western hand-picked to the extent of it being ‘jobs for the boys’. Australia has had a centralised body since 2003. I certainly hope that the people who are chosen to be on Obviously a lot of other states have gone down this this particular statutory body are picked on the basis of path. It is the right way to go: having one authority that talent and ability and will make sure that the job they do manages everything rather than all these little is, to a certain extent, not what the minister wants in authorities acting in silos, with each not knowing what terms of hiding some of the problems that may occur in the others are doing. That is clearly not in the interests the public transport system. It should be an up-front of public transport users. statutory authority that is independent in terms of things that occur and the decisions it makes. I commend the Minister for Public Transport, who is at the table as we speak, for his fine work on this piece of Obviously what needs to happen first and foremost is legislation. Certainly when the minister was a shadow that we make sure that we have a public transport minister he was always talking about getting back to the system that is able to cope with growing demands. I go basics of public transport instead of using fancy spin. back to 1999 before Labor came to government. Public He talked about having trains that work, that do not transport was almost non-existent then. One of the break down, that arrive on time and that are clean. That reasons it was non-existent was that no money was is what public transport users want. They do not want to being invested in it. see their money wasted on spin and advertising. I commend the minister for his work in bringing this bill Mr Watt interjected. to the house. This is what people want: safe, reliable Mr EREN — I suggest, through the Acting Chair, transport. With that I commend the bill to the house. to some of the cleanskins who are sitting up the back Mr EREN (Lara) — I too wish to speak on this bill interjecting, which is totally inappropriate, that they before the house, which is the Transport Legislation should probably do some research to find out what little Amendment (Public Transport Development Authority) investment there was in public transport. It was the Bill 2011. Labor government that made the investment into public transport that was necessary to make it what it is today. Mr Watt interjected. We are very proud of the massive investment we made in public transport. Before that the public transport Mr EREN — In essence this bill establishes a new system was not being utilised by the community statutory authority, the Public Transport Development because it was non-existent. Everybody recalls the Authority, which will allegedly plan, coordinate and slash-and-burn policies the Kennett government
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4816 ASSEMBLY Tuesday, 25 October 2011 implemented right throughout the public sector, with transport system needs to be nurtured, particularly, for workers being sacked from the education sector, the example, the regional rail link. police force and from health. They were also sacked from the public transport sector. I happen to represent an electorate that covers the fastest growing region in the nation, the Wyndham I think that some time back in August this year the Vale-Manor Lakes area, which is growing at a rate of minister indicated that he might have one of the people 10 000 to 12 000 people per annum. The infrastructure from what I would have called, back in those days, the needs of that area, particularly for public transport, are Kennett razor gangs, leading this board. I am not sure enormous. We are fortunate enough to have a whether that will be the case. I certainly hope not, brand-new station allocated to Manor Lakes and because the Victorian public has a very bad memory of another brand-new station allocated for the Tarneit those seven dark years of the Kennett government, electorate, which adjoins mine. I know the regional rail when there were thousands and thousands of public link will improve the public transport system service sector — — tremendously. There is no question about that.
Mr Katos interjected. I return to the point of ensuring that this new authority is going to be a genuine body that will improve the Mr EREN — The member for South Barwon public transport system and not just a body the minister obviously doesn’t — — will use when he needs good news or when things go bad. I am a bit sceptical about some of the decisions The ACTING SPEAKER (Mrs Victoria) — this government makes. I am really sceptical about Order! Interjections are disorderly and so is responding some of the decisions it has made on level crossings, to them. I ask the government members to be respectful for example, with the Brighton area getting upgrades to of the speaker who is on his feet. some of its level crossings when those crossings are not Mr EREN — You are right, Acting Speaker. I a priority at all. Clearly some decisions are being made, should not respond to some of those comments being money is being allocated and funding is being given on made by new members — — the basis of politics rather than need. That is a real concern. The ACTING SPEAKER (Mrs Victoria) — Order! And the member will not respond to those I hope this new body will resolve some of the problems comments. of politics that are being played out in the first 12-month period of this government. I hope this Mr EREN — But having made some of those statutory body will be a genuine, independent body that comments, those members should research the seven will oversee and overcome some of the politics of the dark years of the Kennett government. I am fearful of day-to-day running of the government. some of the ghosts of the past being brought back in terms of the head of this very important statutory body. I go back to my point that the regional rail link is one of For what it is worth, I would say that if this is a genuine those projects that is obviously very important. It will attempt to make the public transport system work, the carry thousands and thousands of people. It will have a authority should be an independent body that is not dedicated line into Southern Cross station. I am very subject to the interference of the minister. fortunate in having a station planned for my electorate, and I look forward in five or six years time — The Minister for Public Transport, the member for whenever the project is completed, which I hope will be Polwarth, is one of those performers on the other side on time — to it servicing the population of my who, leading up to the election, was a very strong electorate of Lara, as it should. advocate for public transport. Obviously now the shoe is on the other foot. Now that he is the minister he Again, I return to the point of hoping that this is not just clearly sees a different side to it, which is a massive another jobs for the boys thing, where the ghosts of the responsibility. Do you know, Acting Speaker, why it is past come back to haunt us. I would hope that this will now a massive responsibility? It is because of the be a genuine statutory authority that will do good work investment that the Brumby and Bracks Labor for public transport. governments made in public transport. There are The ACTING SPEAKER (Mrs Victoria) — thousands and thousands of people coming back to Order! The member’s time has expired. public transport because of the investment we made. I do not think the government can deny that. The public Mr SHAW (Frankston) — I am pleased to be able to talk about the Transport Legislation Amendment
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(Public Transport Development Authority) Bill 2011. was to have sensible water solutions; and the fifth was My electorate of Frankston has two stations: Frankston to have a government we can trust. A government we and Leawarra. The member for Lara said, ‘You should can trust is what this is all about. It is also about fixing probably do some history and look back at some of the the fundamentals of the transport system. It is not lines’, and I did. I looked at the Frankston line, which necessarily about putting more trains on the network or was established 130-odd years ago in the 1880s. Back increasing punctuality, but it is a step towards what we then it took 1 hour and 20 minutes to get from want to do. Public transport is a big portfolio, and I Frankston to the city or from the city to Frankston, commend the minister. There is a huge task across all which was a beach suburb at the time. It took 1 hour levels of government. Every day thousands of patrons and 20 minutes over 100 years ago, which is quite use the public transport system. interesting. It takes slightly over an hour now, and there are obviously more stations. The Frankston line ran to The primary objective of the Public Transport Mornington, but that line is closed. Because there were Development Authority is to ensure that the public other ways to get to Mornington, it was not utilised transport system operates as part of an integrated much. It has been closed for many years, but the Stony transport system. Quite often, as people get off the train Point line runs down past Hastings, Somerville and at Frankston, I hear that they have just missed their bus, Baxter. and that is sad for them. It could be because of train delays and the bus leaving at exactly the right time. We The Frankston line is in the news quite extensively. In are seeking to better meet the needs of commuters and July 2010, four months before the election, public transport users and therefore add confidence to 30.3 per cent of trains on the Frankston line were more the system so that when people go to a station on the than 5 minutes late; close to one-third were more than Frankston line they know that only 7.4 per cent of trains 5 minutes late. Since May this year, a year later, only will be more than 5 minutes late. That is a great 7.4 per cent of trains have been recorded as late. That is improvement on the 30.3 per cent in July last year. We an efficiency improvement. On this side of the house aim for little efficiencies every single time. we believe in doing things efficiently. It is not a matter of chucking money at things. The member for South I am on the Economic Development and Infrastructure Barwon was saying before that $939 million was spent Committee. One of the mining companies we visited on his train line, but it was first costed at $80 million. If has a tunnel that goes to a goldmine, and the company that had been done by those on this side of the house, was grading the road in the tunnel. We asked, ‘Why are there is no doubt that we would have done it for that you doing that?’, and the company said, ‘When the type of figure. Be that as it may, that was not the case. trucks come out, the tyres won’t wear as much and The Frankston line from Caulfield to Frankston cost they’ll use less petrol’. These tiny things make a ₤175 000-odd when it was built some 100-odd years difference to big volume turnover. That is what we are ago. How things have changed. How many more zeros doing in the public transport system. We want to make get added to projects when it does not have to be the sure there are efficiencies. It is not about throwing case. money at things; it is about making things more efficient and more reliable. The new authority will be a The Public Transport Development Authority will plan, one-stop shop that people can go to. We are delivering coordinate, provide, operate and maintain a a more customer-focused service by planning, customer-focused public transport system consistent coordinating and managing Victoria’s public transport with the vision statement and transport system system. objectives contained in the Transport Integration Act 2010. A customer-focused transport plan is quite Yarra Trams, Metro Trains Melbourne and V/Line will unusual, and it is great to see the Minister for Public all come under this body. It will be the face of public Transport putting customers first. This government is transport — a one-stop shop. It will administer trams, putting the customer first. buses and trains to provide a safe, punctual, reliable and clean public transport system, and that is all that It was a pre-election commitment to establish the commuters want. They want to get on a train that is safe Public Transport Development Authority and to fix the and clean. They want the system to be reliable so that problems with the public transport system. During the they can get back to their families and punctual so that election campaign we had five objectives: the first was they are not waiting around. They also want integrated to have a growing and strong economy; the second was services that match up with each other so that they can to fix the fundamentals of the transport system, of move to other areas of the state, to their home or to their hospitals, of policing and of roads; the third was to have work. This is a step towards having that come to strong and vibrant families and communities; the fourth
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4818 ASSEMBLY Tuesday, 25 October 2011 fruition, and that is what we want from a public Mr SHAW — Not that old? I think the member for transport system. Gembrook is. The blue ones came along, and now we have the silver ones. We are improving all the time. It This morning I drove here from Frankston. One still takes an hour or so to get from Frankston to the hundred years ago it took 1 hour and 20 minutes on the city, but these little improvements and efficiencies train, and today it took me 1 hour and 50 minutes to make the system more reliable and more punctual. drive. If I had caught a train, it would have been just They make our trains and public transport system safer over an hour, so we have a pretty good service. and cleaner, which will bring confidence back. People However, things can always get better. We do not sit will say, ‘Instead of taking 1 hour and 50 minutes to get here and say, ‘That’s enough’; we want the system to there’ — as I did this morning — ‘we can catch the be better. We want it to be more reliable, cleaner and train’, and that will be in an environment that is clean, more punctual. reliable and safe for families and communities. I commend the bill to the house. The Public Transport Development Authority will also have control over the 940 protective services officers Ms NEVILLE (Bellarine) — I am pleased to rise to (PSOs) who will be rolled out throughout this term of speak on the Transport Legislation Amendment (Public government. They will keep our railway stations safer Transport Development Authority) Bill 2011. I make it by protecting the employees and commuters at stations. clear to everyone opposite that the opposition is here to Not so long ago Shrek and Lord Farquaad came to help, and that is what the amendments the opposition Frankston. They had their picture in the paper with a has circulated are all about. We urge those opposite to couple of Labor stooges from the council, and the think carefully about these amendments. We are here to mayor was there as well. They said, ‘We want these help. PSOs’. They have not even been recruited or trained yet. We will get them, and there is no doubt that These amendments are about ensuring that the Frankston will be right up there. According to front-line government can say it has met its election operations, the Frankston line is fourth highest in terms commitments, and certainly throughout this afternoon of assaults, so I assume we will be right up there for the and this evening we have heard all the members delivery of PSOs. I will be putting that forward, saying, opposite who have spoken on this bill say that it is ‘We want PSOs at Frankston’. I think that is well meeting an election commitment. If you have a look at known by the police and also by the Minister for Police the media release that was put out by the then and Emergency Services, especially given that opposition leader on 14 November 2010 during the Frankston has received the highest number of police — election campaign, that media release actually talks an allocation of 46 for the year. That is a fantastic result about a promise to rebuild the public transport network for Frankston. It makes the image of Frankston better and fix the system — — and makes it a safer place. Mr Mulder — Fix the problems. The Public Transport Development Authority will replace three other statutory bodies: the director of Ms NEVILLE — Fix the problems, and, most public transport within the Department of Transport; importantly, part of doing that was to establish a new Metlink, which is a private corporation jointly owned independent statutory public transport authority — that by Metro Trains and Yarra Trams; and the Transport is what is referred to in this media release — that would Ticketing Authority, which was established under the plan, coordinate and manage our public transport State Owned Enterprises Act 1992. The authority will system. In that media release there are words like consolidate public transport responsibilities into a ‘audit’, ‘promote’, ‘deliver’ and ‘allocate funding’ but single customer-focused agency to provide reliability what I cannot see in the media release are the words and a one-stop shop. The bill closely reflects our ‘restrictions on the powers’ of the independent statutory election policy, and the authority will audit all Victorian authority or mention of the fact that there are powers to transport assets and report publicly on the value and be allocated to the minister to intervene. Unfortunately condition of those assets. I remember travelling on the that is what this bill does. It does not establish an Frankston line in the red rattlers. Some members may independent statutory public transport authority. In fact remember the old red rattlers. They were improved, and what is clear from the bill is that the authority will be we got the blue ones next. subject to the goals of the minister and the Department of Transport, and it will be a body in which the minister Mr Battin interjected. can intervene.
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Again I say those elements do not appear to be in this However, now that the plan has been cut that will come election commitment bill. The elements in here to an end. The minister may not have realised that. continue to talk about independence, but the bill does not deliver on that election commitment. Going back to As an example, the previous transport plan committed the beginning again, as I said earlier, we are here to to a major improvement of bus services in the Geelong help. The proposed amendments that are before the region. Luckily Labor was in government long enough house tonight are there to assist those in government to to deliver a substantial amount of that plan, because we meet their election commitment. have seen incredible improvements in bus services across Geelong and particularly in my electorate of Unfortunately one of the other failings of the bill is that Bellarine. There are additional services from while most independent authorities also have Queenscliff, Leopold, Portarlington, St Leonards and requirements about reporting to the Parliament, there is Drysdale, all delivered by the previous government, but no commitment in here for regular reporting of what the now the plan is gone, there is no money and no more public transport authority is doing. I imagine that is bus services for the Bellarine electorate. because it appears it is not going to have many powers or will actually be able to deliver very much. Despite What about the extra train services from Geelong? It the claims of those opposite, they are not delivering on was a great success story, the fast rail service from their election commitment. It is another example of Geelong, and that is why in the last election campaign those opposite saying one thing before an election and we committed to providing additional services running delivering another after the election. every 30 minutes from Geelong. I have mentioned to the Minister for Public Transport before that these One very interesting element for the house to consider services are absolutely critical. Geelong is a major is how this authority will be able to work within the regional city, our second biggest city, and there are a lot confines of the goals of the minister and the of commuters to and from Geelong, but again there is department. The problem is that this may be very nothing for the area: there is no plan from this new difficult to achieve because, as far as I can see, there government, only the scrapping of our transport plan does not appear to be a plan or a goal other than ‘to fix and therefore no new additional services — all lost. the problems’. According to the minister we have almost met that goal, so the minister can have a bit of a What we have also seen, as I have touched on, is the holiday, but apart from the broad statement that ‘We minister and those opposite claiming that they have are fixing the problems’ there does not seem to be a fixed or nearly fixed the problems. Earlier I think I plan for this public transport authority to work to. The heard someone say that the problem of air conditioning comprehensive transport plan which was backed up by on hot days has been fixed. Apparently — and I hope $38 million by the previous government has gone; it the minister heard this — never again will trains stop or has disappeared; it no longer exists — shelved. break down because of a hot day and the air conditioning stopping the trains. We have fixed that On one level the minister is pretty lucky at the moment. problem, apparently. The minister who claims that he has nearly fixed all the problems is pretty lucky. Of course we have fixed the problem of the trains running on time! Apparently they are now all running Mr Mulder — Not all of them. I have only been on time. If only we had realised it was that simple: just here 11 months. Give me time. add minutes to the timetable. The member for Frankston said 35 per cent of trains used to be Ms NEVILLE — I am pretty sure that the minister 5 minutes late. Apparently that situation has improved. said earlier, just today in fact, that it is nearly done. If I wonder if that is because the timetable has changed members reviewed in Hansard a question asked of the and increased the train service frequency by 5 minutes. minister a couple of weeks ago, they would think from It could be. It is a dangerous thing to say that the that answer that it was all done, as I did. government has fixed all of those problems, because that is on the record and that is what Victorians now It is lucky for the minister, because a lot of the ticks he expect to see continue. I am sure there will be no is giving the government in terms of fixing the 40-degree days over this summer when the tracks might problems are the result of the programs and projects expand and the trains will not be able to run. funded by the former Labor government continuing to roll out. The extra trains and trams that we funded are Mr Mulder interjected. now rolling out, and the minister is ticking those off.
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Ms NEVILLE — Again, I refer the minister at the many times of the day people feel slightly table to his previous comment about being ‘nearly uncomfortable or look over their shoulders. The system done’, or his comment of two weeks ago that the will be clean. It will be a public transport system that problems were ‘fixed’. Many members opposite have people feel comfortable on. They will be happy to sit claimed today that the problems are ‘fixed’. Again I say down and enjoy the experience rather than endure it, that the opposition is here to help. We urge members which so often has been the case. It will be a system across the table to support our amendments so that the that is punctual, where services arrive and depart when government can deliver on its election commitment of they are supposed to. Finally, the transport system will an independent public transport authority, one that can be reliable, one that actually runs, rather than, as I make some real changes and ensures that this mentioned, the experience of the Frankston line where government has a plan and delivers improvements to at one stage four out of five trains between 6.00 p.m. public transport in this state. and 6.30 p.m. were cancelled.
Mr MORRIS (Mornington) — I am pleased to join An integral part of achieving a safe, clean, punctual and this discussion on the establishment of the Public reliable environment for public transport is to have the Transport Development Authority. When you consider capacity to plan the system and to be able to coordinate the extensive list of failures of the previous government services. We have had a lot of discussion about over the past 11 years, you would have to say that in a coordinating services, but despite all the rhetoric it has range of failed issues public transport was a stand out not yet been achieved. I am sure the authority will be case. After many years of walking away from public able to get stuck into this issue in a practical manner, an transport, the public came back to the system, but the achievement which seems to have eluded the grasp of system and the government could not handle it and the so many for so long. Another important objective of the whole thing came crashing down. authority is to manage the system in a manner which is customer service oriented, not a system that is focused The member for Frankston has already referred to on whatever outcomes the government, the operators, failures on the Frankston line, a line that we have in the unions or the staff of the various enterprises want to common. There were incredible punctuality and achieve. It is about a customer-focused system, and the reliability issues on those dreadfully hot days, customers are the very people for whom the service particularly around the time of Black Saturday. They exists in the first place. For too long their interests have were extreme conditions but they played absolute been overlooked. Finally, the authority will become the havoc with the rail system. Indeed the Frankston line face of public transport in Victoria. When you think developed the unenviable reputation of being the worst about it, for a very long time we have had a confusing line in the metropolitan system. Its performance was tangle of agencies, operators and quangos, and somewhere down near the 60 per cent range; it was members of the public have had to try to work out absolutely shocking. There has been some commentary where they need to go to get their particular issue dealt already on this, but I want to recognise the efforts of the with. The authority will take up that role as well. minister in the last 10 or 11 months in getting the system, particularly the Frankston line, back to running This bill is good public policy and good legislation; it is at an acceptable level. It is a remarkable change, and I a bill of substance. I doubt I will have the opportunity commend the minister for achieving that. to come back to speak in detail about the bill, but if I do, I will do that later. I want to make the point that this Trains are an important part of the public transport government has a very strong mandate to proceed with system. In many ways they are the backbone of the this legislation. There is no doubt that the state public system, but they are not all of it. The proposed authority transport found itself in towards the end of the previous will administer arrangements not only for trains but also government’s era became a symbol of the Brumby for buses and trams in the metropolitan area, and in the administration and emblematic of the failure of process regional areas it will administer both the train and bus and policy that was evident across so many areas of systems. The authority has the intent of creating a safe, government administration. punctual, reliable and clean network. It is important to dwell on that statement and exactly what is intended, to The opposition commentary generally and some of the contrast it with a system that not only has not been comment that has been wafting across the table over the working but which has failed the public in so many past few minutes clearly shows that Labor members other ways. have learnt absolutely nothing from their defeat last November. Their approach to this bill demonstrates This system will be safer. It will be one which people clearly that they do not understand their failures and are happy to travel on, rather than one where at so that they are not willing to embrace an alternative
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4821 approach. They prefer to carp, criticise and selectively Mr McGUIRE (Broadmeadows) — After less than misinterpret the bill — and that is what has been going a year in office, the Minister for Public Transport is on in this debate. promoting himself as the poor man’s Mussolini: he has personally taken credit for the improvement in the I was interested that in the Age of 11 October the day-to-day running of Victoria’s public transport member for Northcote, as the opposition transport services. This is not a claim made by him while in an spokesperson, was reported as having said that ‘the intoxicated state or as an idle, off-the-record boast. On authority would be too controlled by the government to 13 October, less than two weeks ago, the Minister for be effective’. That has been backed up in the debate. I Public Transport told Parliament that he gets updates on thank the library staff for reminding us in their research his phone on a regular basis throughout the day and that brief that back in 2010 we had the Select Committee on his last update was that more than 90 per cent of trains Train Services. The minority Labor report indicated were running on time. His claim to this house was: that having the Secretary of the Department of Transport responsible for the delivery of train services, We have been in office for 11 months, and we have turned which of course was the subject of the inquiry, was best this around. practice. Now, just a few short months later, we have And before that: opposition members saying, ‘Oh, no. We really didn’t mean it when we said that a bureaucratic system was It took 11 years to pull it down, and it has taken 11 months to the best way. What we really meant was a totally fix it up. deregulated system’. The backflips are entertaining, but they certainly do not add to the public debate. In attempting to take all the credit for the improvement in performance on the rail network, the minister is The authority will be an independent statutory body misleading the public. The improvement is due largely and, like any government body, it will have to act to the extra trains that Labor organised, invested in and broadly in accord with government policy. That appears bought. Among a range of initiatives, Labor also raised to be news only to opposition members. Given that they the amount of money necessary to be invested in have just come out of 11 years in government, it is maintenance by Metro. The minister’s Mussolini-style mind boggling, I have to say. claims are the measure by which he will be judged. If he wants updates throughout the day on transport Public transport is part of a wider network, and it has to services not running on time, that can be arranged. operate within that wider framework. Yet opposition Given the stance adopted by the Minister for Public members seem to be suggesting that the authority can Transport, it would be more appropriate to categorise operate without having those links and the appropriate the Transport Legislation Amendment (Public governance structure to operate within the system. We Transport Development Authority) Bill 2011 as the have had suggestions that it does not need to be Poor Man’s Mussolini Mulder Manifesto. After more responsible to anyone else in developing plans. Perhaps than a decade in opposition, this is the coalition’s grand it is that view of the world which has caused us to have plan to make trains, trams and buses run on time. This housing developments across the state, which are not is the measure by which Victorians will hold the serviced or are very poorly serviced by public transport. Baillieu-Ryan regime to account for its It has not been linked in. That is not a mistake that we election-winning promise to fix the problems. want to continue making. What is the integrated strategy to provide better Another criticism relates to the procurement of rolling infrastructure and maintenance and deal with railway stock, with the suggestion that bodies should be able to crossings, to name just some of the key issues? It is a go out and buy their own rolling stock. There is no strategy to simply shift responsibility, to pass the commentary about how funding for that might be blame. This is too cute by half. The minister’s achieved. I certainly do not think you should expect arrogance is playing Victorians as mugs. According to these bodies to fund their own capital expenditure. the minister, no longer will Victorians have to endure Perhaps the suggestion is that the authority should have the confusion, the blame shifting and the frustration that a blank cheque. I think the Auditor-General might have characterised the state’s troubled public transport something to say about that. The legislation will system over the previous decade. The coalition’s claim provide the foundation for the rebuilding of public is that the Public Transport Development Authority will transport in this state after years of Labor neglect and be responsible for achieving reliability, efficiency and failure. It will create a safe, reliable, clean and punctual integration of public transport services across the state. system. It is excellent legislation, and I am delighted to support it. By being framed as the silver bullet for addressing public transport issues, the bill exposes the rolling public relations campaign driven by the Baillieu-Ryan
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4822 ASSEMBLY Tuesday, 25 October 2011 regime. The bill fits the coalition’s modus operandi. It The article goes on to quote Committee for Melbourne fails to address key problems in Victoria’s public chief executive Andrew MacLeod as having said: transport that must be confronted — that is, further investment in infrastructure and the historic challenges If you were to put enough trains on the Dandenong line to meet current demand, not future demand, then the level of level crossings. Nowhere is this more emblematic crossings along the Dandenong line would be shut for the than in and around the electorate of Bentleigh. The entire morning and evening peak period … coalition’s big promise to win this seat, which subsequently determined who would govern Victoria, The article further states: was grade separation at three locations. Each would An effective train service, which had services at least every cost more than $100 million. That is what the 8 minutes, would cause massive disruption for the roads. community believed would be delivered. The fine print in the coalition’s promise reveals that the only amount ‘That means every level crossing closed 2 out of every that will be allocated in the next four years is money for 4 minutes’, Mr MacLeod said. planning. The problems will continue to exist; the Therefore much more than a self-styled, coalition will not build the future. Its members will customer-friendly Public Transport Development have misled the public yet again. Authority is required. The minister triumphantly This is another example of gesture politics, but you can claimed in this house that we are now experiencing: only fool some of the people some of the time. In a poll … a great era for public transport in Victoria …We said we published in the Age on 12 May, which asked the would get back to basics … We are getting back to basics, question, ‘Does the Baillieu government have its level and we are delivering. crossing priorities right?’, 81 per cent of Victorians answered no. This is a decisive vote of no confidence I do not believe peak hour commuters would share his on this issue, which needs to be highlighted in the view, nor would workers stuck in their cars at the public interest. It is not appropriate for the Minister for Glenroy railway crossing in my electorate be amused Public Transport to leave the chamber at this critical that the government placed politics ahead of safety in time. He should understand what is at stake. its priorities for upgrades.
According to the Minister for Public Transport: I take this opportunity to call on the coalition to give the Glenroy railway station redevelopment the priority it The new authority will also focus on the stronger deserves, based on independent assessments of safety, maintenance effort and on-the-ground improvements needed as one of the top 10 Melbourne crossings in need of to support a public transport system that is reliable and safety improvements, according to the Australian level dependable … crossings assessment model report. Victorians have to This task will be greatly assisted by the $100 million trust that governments will act in good faith, Maintaining Our Rail Network Fund promised by the particularly on issues of safety, rather than resorting to coalition … the political expediency we have seen from the This brings us to the reality check on the coalition’s Baillieu-Ryan regime on this issue, which should be promises which were not costed before the election but above partisanship. which were nevertheless promoted in what is now There is no use establishing a so-called independent clearly revealed as a confidence trick misleading body and then rejecting its findings out of the politics of Victorians. The average cost of replacing one level convenience. I therefore urge the Baillieu-Ryan regime crossing with an overpass or underpass is about to support Labor’s amendments to this bill, because that $100 million, according to Herald Sun reports. The would ensure that the public transport development Melbourne metropolitan area alone has 172 level authority was a genuinely independent body. crossings and there are 1872 throughout the state. By way of contrast, Sydney has 8. These level crossings The member for Rodney raised the issue of are having a detrimental impact on commuter times, accountability for train tracks that buckled under result in a loss of productivity and are preventing train extreme heat and said that it was fair for criticism to be operators from running enough services to meet current levelled at the government of the day. Therefore the demand, not to mention future demand. minister will have to explain the justification for his grandiose claims of success during the summer months An article in the Herald Sun of 27 June reported: should tracks buckle, services suffer and confidence in Metro will not be able to introduce enough services to cope the system decline. These are not arbitrary performance with booming patronage because of Melbourne’s level measures; these are the standards the minister has set crossings. and the standards by which Victoria will hold its government to account.
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What is needed is far more than just a public transport The purpose of this bill today basically is to create the development authority. What is needed is an effective Public Transport Development Authority. That is a investment in infrastructure. To plan for the future the statutory authority, and the really important reason it is Victorian government must outline a detailed plan of needed is to improve the public transport system. The vision to replace its metropolitan level crossings with coalition went to the election talking of this because it underpasses or overpasses. Instead the Baillieu-Ryan could recognise that there was a huge need to improve regime has cut Labor’s strategic Victorian transport the public transport system and in fact that many people plan to deliver more trains, trams and buses; more were having a lot of problems dealing with the system tracks and stations; better and safer roads; and more as it was. Issues such as reliability and efficiency — or choices for Victorians living in the suburbs and the perhaps lack of efficiency — were on everyone’s regions. tongue.
The coalition’s big vision for Victorian transport is to Another word, which I like, used in this bill and its establish a token fund that will barely cover the cost of purpose clause is ‘integration’ — the integration of upgrading a single level crossing — one down, only public transport systems. That integration is often 171 to go. Worse, it is establishing a body that will be forgotten. We do have the trains, trams and buses in the restricted to the confines of the goals of the Department metropolitan area, and it is important that those services of Transport and the Minister for Public Transport, and are integrated so that the system provides a better it will allow the minister to intervene as he sees fit to customer experience for the people alighting from one appoint the board of directors. According to the and getting on the next one, but it is also important to Committee for Melbourne, at the current rate it would have that integration in the regional areas where we take 68 years to upgrade Melbourne’s level crossings. have the trains and buses as well.
Despite all the spin and bluster whipped up by several One of the other things that the creation of the Public members opposite about the Liberal Party being the Transport Development Authority brings to light is the party for business, according to the Herald Sun on customer focus. It is really important that the 11 August, business groups are fed up with government customers, who are the end users, remain the focus of inaction. What is needed is a government that is the intent of the legislation in terms of what they visionary, not vacuous. This is a regime that is all steps experience and how they experience it. It is also about and no journey, all finishing touches and no creation, all managing their expectations. If you manage the symbols and no substance. expectations of the customers well, you will get a better outcome for everybody. Looking at this government’s legislative record we see there are only two possible conclusions: either we have Everybody knows of or perhaps has had that experience a fledging government suffering from chronic priority of sitting on a train that is stuck going into Spencer misjudgement or we have a regime that does not know Street if you are coming from the northern suburbs or what to do or how to do it; missing in action on issues indeed from Seymour, or sitting at Flinders Street rail of state significance and ruthless in the pursuit of yards if you are coming from the south and east, not political self-interest. The Baillieu-Ryan regime has no knowing why the train is stuck, how long you are going vision, no plan and no shame. After nearly a year in to be stuck for and if in fact you are going to be government, Victoria has a regime that is arrogant, moving. Having customer expectations and a customer complacent and conniving. We have a regime that, focus is a good thing. according to its own advisers, is manipulating the media and the political cycle for its political Another example of that customer experience that I self-interest. think a lot of people may have gone through is that you can receive an SMS notifying you about any delays or Sitting suspended 6.29 p.m. until 8.02 p.m. cancellations in your train service, but it is terrific if you receive that notice before the departure time, not Ms McLEISH (Seymour) — It gives me great 10 minutes afterwards or when you are sitting on a train pleasure tonight to speak in support of the Transport and the SMS is telling you that it is yet to depart and it Legislation Amendment (Public Transport already has departed. That customer focus is very Development Authority) Bill 2011. It is also great to be important as well. delivering on yet another election promise. I think every time I have stood up in this chamber in the last One of the other issues we talked about here was few weeks it has been to speak on our election improving the public transport system. It is no secret commitments. that there was a need for this. When I heard the shadow
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Minister for Public Transport and the member for I did hear commentary from the opposition side that Bellarine speaking earlier, espousing their views on all people on the government side of the chamber needed the answers and all the solutions, I could only wonder to do a little bit of research into what has happened in whether they were really part of the previous the past. One great example of the lack of planning for government, whereby they would have had the growth was the Doncaster corridor. In fact I think it was opportunity to feed their ideas to the minister of the the Cain government that sold off the Doncaster day. Perhaps they have forgotten that in fact they had reserve, and the passionate member for Doncaster, the 11 years to work on putting forward their ideas and Minister for Mental Health, mentions quite frequently solutions. But it seems they did not do anything about that this was an absolutely appalling lack of planning. I it; in fact the way they are speaking suggests that hear the opposition talking about the regional rail link. I everything was going to be delivered for them in 2012, am sure that was eight years too late — definitely eight which was too late. years too late. We hear lots of talk now, but what we have found is severe underfunding. There is no money We had the example of myki, the absolute debacle of there for trains or for grade separations. Whilst that project management but also the cost blow-outs. regional rail link will go some way towards solving some of the issues, it certainly will not impact directly Mr Nardella interjected. on the Seymour line, because there was nothing going Ms McLEISH — I will respond here. We have north — it was all going west; perhaps indirectly it reviewed the contracts — and had our government had might remove some of that city bottleneck and impact the opportunity to review the contracts for the positively on my electorate. desalination plant we would be in a hell of a lot better One of the other things I want to touch on is the number state than we are in at the moment, having to spend of authorities that were involved previously. What we $2 million a day for the next number of decades. are offering through this bill is a more streamlined Getting back to some of the issues that people approach. Under the Public Transport Development experience regarding connectedness and integration, Authority, the functions of the director of public there is a need to improve a lot of the bus-train transport will be progressively transferred across; the connections. I hear of people in the outer suburbs who ticketing functions through the Transport Ticketing rely on catching a train to the end of the line, perhaps to Authority, once the implementation of myki has been Lilydale, having to then get a bus to get to Healesville, completed, will be transferred across; and what I have and there is a lack of connectedness there. People already talked about earlier, the customer service complain that they see the rear lights of the bus going functions and the information functions that are off into the distance as their train is just pulling in currently carried out by Metlink will also be transferred because the coordination element is not present, but that across. will be part of this new Public Transport Development I have heard a lot of rhetoric about the changes we are Authority. making in government, and given that there is a lot to I will talk for a moment about the Seymour line. Prior be done and given the state public transport was in to the election there was a big delay or lack of when we picked it up, all the legislation that is being performance on the Seymour line, where there were 29 introduced — I certainly commend the minister on his out of 30 months when those trains failed to meet work — is beginning to facilitate the process so that expectations and performance measurements. The Melbourne’s and Victoria’s public transport systems trains did run, but their punctuality was appalling. I will be a lot more reliable and a lot more efficient. would like to state now the figures for the last four There is a greater emphasis on planning and months, June to September. In June the punctuality coordination and the integration of not only trains, performance was 93.1 per cent, so the target was trams and buses in the metropolitan area but also trains exceeded; July, 96.1 per cent, target exceeded; August, and buses in country areas. I commend the minister on 95.4 per cent, target exceeded; September, 93.4, target working towards bringing one of our pre-election exceeded. Prior to the election, when 29 out of 30 trains commitments to fruition and congratulate him on the were not arriving on time, it was a pretty poor situation work that has been done. I commend the bill to the for public transport to be in. Also some of those delays house. have been blamed on bottlenecks in the city and Mr LANGUILLER (Derrimut) — It gives me certainly the lack of planning for growth. pleasure to speak in the debate on the Transport Legislation Amendment (Public Transport Development Authority) Bill 2011. Specifically the bill
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Tuesday, 25 October 2011 ASSEMBLY 4825 establishes the Public Transport Development adds services that are required and warranted rather Authority under the Transport Integration Act 2010. than changing timetables around in order to meet basic What it will do presumably is: standards.
deliver more customer-focused services by planning, The coalition first said it would establish a body that coordinating and managing the public transport system; would be independent, but there is no mention of that administer the arrangements for the provision of metropolitan independence at all in the announcement made by the trams, trains and buses and regional trains and buses; Premier and by the minister. Further to that, if one refers to the act — because one would have to suggest operate as the face of public transport; and that if you are going to have an independent body, if improve the service experience and create a public transport you are going to be open and transparent, what you shopfront for passengers and stakeholders. would do if you were a fair dinkum government that was committed to delivering on promises that it made It would be very remiss of the opposition not to hold and the minister made, would be to enshrine that in the government to account and indeed the minister to legislation. account. We need to go through a little bit of history and background very quickly. If one refers to a media Let me refer to the legislation. If one looks at the new release of Sunday, 14 November 2010, by the then section 79AE, one sees it begins by stating that the leader of the Liberal and National coalition, now the authority’s functions are to act as the public face of the Premier — and I will provide it to the house — one will public transport system in Victoria. It then goes through see it reads: the range of provisions and actions and goals of the legislation, including providing and disseminating Coalition to rebuild the basics of Vic public transport network. information, or arranging for the provision of information, managing the public transport brand, Then it goes on to say: managing relationships with and between stakeholders, and acting as an advocate — and so it continues. The coalition’s plan to rebuild Victoria’s public transport network includes: It goes on: A new independent public transport authority — the Victorian Public Transport Development Authority. (c) construct or vary public transport infrastructure, including rail infrastructure, roads, road-related The then opposition, the now government, promised it infrastructure, roadsides and other transport assets, as directed by the minister; would establish an independent authority. If one then goes to the new media release by the now Minister for Proposed section 79AE(1)(c) includes: Public Transport and Minister for Roads dated 14 September 2011 and entitled ‘New authority to drive (iii) putting into service and maintaining rolling stock, buses better transport for Victoria’, one sees it contains not a or other vehicles for passenger services or other ancillary or incidental transport services; word about independence, not a word about the then opposition and now government saying prior to the (iv) procuring passenger services, rolling stock and transport election of November 2010 that this body would be assets, including other ancillary or incidental transport independent. services and assets, as directed by the minister …
For the record, we have not gone into the details of The legislation goes on to state that another function of whether the mechanisms the new government is now the authority is to: establishing of integrating agencies will be better or (o) manage and administer matters relating to freight as worse than the previous mechanisms. That will remain directed by the minister … to be seen with the passage of time. Throughout the history of public transport use, throughout the couple of Proposed section 79AE(2) states: centuries since we have had it, there have been a range of agencies that have been good, bad or indifferent. The In performing the functions conferred on the Public Transport Development Authority, the Public Transport Development government has a mandate to integrate the agencies, Authority must — and if it believes that by so doing it will provide better public transport, so be it and good luck to it. If that … turns out to be the case, the opposition will stand up and (d) perform the functions consistently with government say well done to the minister, provided the minister policies and strategies for rail freight in Victoria. does not fiddle with the timetable; provided the minister
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4826 ASSEMBLY Tuesday, 25 October 2011
The act goes on to say that this is the way it will work. government said the new body would be independent. That is fair enough. That is the way they do it. But the In this legislation we do not see that this body will be point that we the opposition are making in holding the independent. We are not persuaded by the slogans and minister and the government to account is that this is the spin of the government and the minister that this another broken promise. The press release from this will be an independent body. We urge the minister and government when it was in opposition talked about a the government to deliver on their promises that they new, independent public authority. would set up an independent body.
The government has been criticised not just by the Mr BULL (Gippsland East) — I rise to support the opposition but by others. For example, the president of Transport Legislation Amendment (Public Transport the Public Transport Users Association, Daniel Bowen, Development Authority) Bill 2011 and in doing so note said: what a great bill this is. It will allow the establishment of the Public Transport Development Authority — a It’s not going to be as open as people would hope. new, independent statutory authority that will Two weeks before the 2010 election the coalition coordinate and manage the Victorian transport system released a press release which stated: as well as plan for its future.
Victoria badly needs a new, independent, statutory authority This is about fixing the problems of our transport to plan, coordinate and manage our public transport system. system and providing improvements across a range of areas, particularly reliability and efficiency, with a We challenge the minister and the government to general ethos that puts passengers first. These are issues enshrine the independence and openness of this new that are very important to country Victorians who body. We challenge the government to ensure that this depend on the transport system for a number of reasons body will be open to the public and to scrutiny so that but particularly in two critical areas. Firstly, city trains the public and public transport users will be able to need to run on time to allow country services to meet understand how it operates and functions. We challenge their windows of access to the city; and secondly, when the government to ensure that this body is to some country people arrive in town via public transport they extent at arms length from the minister — not in all rely on a consistent and punctual service in the city to areas but in some areas. One would think that the be able to do their business. minister and the government would have enshrined the authority’s independence in legislation, but if one reads In providing a one-stop shop for public transport users the Transport Legislation Amendment (Public through this authority, Victorians will no longer have to Transport Development Authority) Bill 2011, there is tolerate the buck-passing and blame shifting that went only one direction and one destination, and that is that on in the past when public transport issues were made there will not be independence. The government is not obvious to the general public. The issue that has going to comply with the promises it made in plagued the public transport system is that there have opposition; it is not giving Victorians what it said it been too many transport bodies. More effective systems would give them. both in Australia and overseas do not suffer from the fragmentation we have experienced here in Victoria. The opposition and the shadow Minister for Public Transport have advanced a range of good amendments. We presently have a situation where we have a tangled These amendments are there to assist the government to web of bureaucracy. There have been many cases comply with the promises it made when it was in where we have had problems in the public transport opposition. These amendments, if adopted and accepted sector and no-one has wanted to accept responsibility or by the government, will give the minister and the take the blame for them. There has been a lot of government the chance to say, ‘We have now delivered buck-passing and no-one has taken responsibility for on the promises we made in November 2010’. The fixing the problems. This government came to power range of amendments go to the function and operation with a plan to improve transport services, and this is the of the new body. There is an important amendment that centrepiece of that commitment. It is a commitment on relates to the Public Transport Development Authority which we are delivering. not being subject to direction and control and another that relates to land acquisition, which we think is also The new Public Transport Development Authority will important. replace and assume many of the responsibilities of the previous organisations, those being the office of the With these remarks I say the then opposition made a director of public transport, Metlink Victoria and the promise. It is a broken promise. When in opposition the Transport Ticketing Authority. The authority will be
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4827 governed by an independent board appointed by the responsibility and getting rid of the buck-passing and minister, and it will report to Parliament on the nitpicking that we have had going on in the past. performance of the public transport system on a regular basis. Initially that will be twice a year for the first two Stronger infrastructure maintenance is also a key area, years and then subsequent to those first two years of its and this will be greatly assisted by the $100 million operation it will report to Parliament on an annual basis. Maintaining Our Rail Network Fund promised by the coalition and subsequently delivered in our first budget. Apart from offering a one-stop shop for the public, this A more open and accountable customer service culture, new agency will be the central liaison point for where services speak to users and have people who will franchisees and other agencies in the public transport genuinely help users solve their problems, will be well sector in Victoria. It will be a one-stop shop not only received by all Victorians. for public transport users but also for the operators. It will work with tram and train franchisees. It will also The state will face increasing transport needs into the work with V/Line, which provides very important future, and the authority will be entrusted with meeting services to rural and regional Victoria, and bus those needs. In my own electorate of Gippsland East we contractors right across the state, with the common have a perfect example of the changing needs of public thread being to continually improve performance and transport. We have three rail services to Melbourne plan for the future. It will be the new face of public every day. Over the past 12 months we have found that transport in Victoria. Very importantly it will reduce a lot of those services have been booked out and there bureaucracy, which was another pre-election is an increasing need in those areas. commitment from this government, and it will improve the quality and consistency of the services throughout The government has consulted with key stakeholders our public transport system. and there is broad support for the establishment of this authority. This legislation and the recruitment of the Victorians have made it very clear that they want a safe, protective services officers (PSOs) to protect clean and reliable public transport system, and this passengers and staff after dark are two significant and government has already put in place steps that have major steps in restoring confidence in our public made significant improvements. Since the introduction transport system. Some country areas will not have of the metropolitan train timetable changes in May, we PSOs, and that has been recognised by members on have already seen significant improvements in both sides of the house, but it should be noted that the punctuality, and this is a trend that needs to be PSOs will be where the problems are. Country people consolidated to continue to restore confidence. I want to feel safe when they come to Melbourne. They congratulate the Minister for Public Transport on these want to be able to travel around the city and know they timetable changes that have already made a real are going to be safe after dark. That is why the difference to services. government’s commitment to introducing PSOs has been so well supported and received by people living in The government is putting the customer first, and the rural and regional Victoria. authority will have key focus areas that reflect this by having an emphasis on what the public wants from its This legislation will remove bureaucracy and improve services. Some of the points and focus areas will be services. That has also been well received by people in trains, trams and buses that run on time. We have rural and regional Victoria. In summing up, as a result already seen evidence of that improving. We want of the establishment of this authority, Victorians will no buses that meet trains and trains that meet buses to longer have to tolerate the buck-passing and blame improve transport structures both around the city and in shifting that has gone on in the past. Victorians will country areas. We want simple and reliable timetables have a one-stop shop that will help them out. It will be which are easy to follow and which get people to their the new face of public transport. It will reduce chosen destinations on time. We want passenger bureaucracy, which was another key commitment of comfort and timely and accurate communication. this government, and it will improve the quality and consistency of services. It must be stated that whilst operators will still be responsible and accountable for the day-to-day services, We have to say goodbye to the nightmares of myki and the authority will be responsible and accountable for the disastrous goings-on in the public transport system improving the overall performance of the system as a of the past 11 years. We are turning over a new leaf. whole. It is very important that we have one agency, The minister has already done a wonderful job in his one body or one organisation, taking on that relatively short time in the portfolio. This legislation will go a long way towards restoring public confidence
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
4828 ASSEMBLY Tuesday, 25 October 2011 and again providing us with a more reliable, safe and The ACTING SPEAKER (Mr Morris) — Order! punctual transport system, and I am delighted to The member for Yuroke will address her comments commend this bill to the house. through the Chair.
Ms BEATTIE (Yuroke) — I rise to speak on the Ms BEATTIE — Indeed, and I hope the Chair will Transport Legislation Amendment (Public Transport advise the member for Seymour to send her Development Authority) Bill 2011. I heard the previous constituents down to Craigieburn rather than sending speaker talk about turning over a new leaf. I will get them west. back to that in a moment, but this has been a broad-ranging debate. I heard one member talking We all know that some of the problems with the about desalination plants and the previous member transport system go back to the dark years of the talking about protective services officers, so I will join Kennett government when the then Premier, Jeff in this spirit of a broad-ranging debate. Kennett, along with some of the people on the other side of the house, sold off the transport system. We hear To go back a little bit in history, after World War II we them waxing lyrical about more regional services — — saw the use of public transport decline because, as members here — or certainly members on this side of Mr Gidley — On a point of order, Acting Speaker, the house — would know, Australia started producing this has been a wide-ranging debate, but I ask that you its own cars and indeed it was fashionable to own a car. draw the member back to the bill. The bill is about the In the last 10 to 15 years there has been a rise in public Public Transport Development Authority; it is not transport use and huge increases in transport numbers. about Labor members rewriting history from 1992 to In particular there has been a marked increase in the 1999. As much spin and shame as they have put number of adults using public transport. Once upon a forward, I ask you to draw the member back to the bill. time it seemed to be the domain of women workers and students, but certainly a number of things have The ACTING SPEAKER (Mr Morris) — Order! happened since then: the increase in population; inner The member for Yuroke understands the point of city gentrification, where public transport is more relevance. It would assist if she came a little closer to accessible; rising employment in the central business the bill. I accept that it has been a wide-ranging debate; district; petrol price fluctuations — we are all aware of however, an association with the bill would be useful. those; the global financial crisis; and indeed Ms BEATTIE — I will return to the bill, and I hope environmental concerns. those who mentioned desalination will return to the bill People have returned to using public transport. Indeed as quickly as I do. Labor formulated and funded the in 2001–02 there was a total of 378.9 million Victorian transport plan. That was an overall plan to passengers boarding the transport system, but by deliver a vision for more trains, trams and buses, more 2010–11 this figure had increased by a whopping stations, better and safer roads and more transport 44 per cent to 547.2 million passenger boardings. With choices for both people living in the suburbs and people that there have also been extra regional boardings. I will living in the regions. So far we have seen a cut to that go back to that, because one of the things Labor did that plan and no money in the plan. Instead what we have I am very proud of was abolish zone 3, and there is now here is a bill for the Public Transport Development a two-zone system. Authority.
I was most surprised to open the papers on the weekend The previous speaker talked about turning over a new and read that the South Morang rail extension was the leaf. I do not think a new leaf has been turned over, first rail extension for many years. We have the new because privatisation came in back in 1999. The Coolaroo station and the new Roxburgh Park station. member for Mount Waverley can jump up and take a Labor extended the electrified line to Craigieburn, as point of order if he likes, but in turning over that new members on this side of the house will know. It does leaf, who has been brought back to run the not seem that the member for Seymour knows that, long-promised Public Transport Development because she has talked about people going west. They Authority? None other than Mr Ian Dobbs. Who is only have to catch the train down to Craigieburn, my Mr Ian Dobbs? Mr Ian Dobbs is widely understood to dear, and they can hop on the train — the city service. be the interim chief executive and chair of the new Perhaps instead of advising your constituents to ‘Go authority. Mr Dobbs was responsible for the loss of west, young man’, you could advise them to go south to thousands of jobs in the public transport sector in the Craigieburn! 1990s. We say that rather than turning over a new leaf this is a throwback to the Kennett era. This man was
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4829 one of Kennett’s key henchmen. He cut thousands of We have another policy based on listening to the people jobs and thousands of services. I certainly hope he has of Victoria — and not just listening but understanding turned over a new leaf. what their concerns are. By introducing the Public Transport Development Authority we will move to What we see here is a lot of rhetoric and not much having an independent authority. We will move to action. We will have the Public Transport Development focusing on the needs of the consumers — the users of Authority totally under the control of the minister and the system. We will move to better planning, better the Department of Transport. The government coordination and better management. Those are things promised independence and a new era of open and that users of the system have been crying out for for so transparent government. What the coalition government long. I think those opposite probably wish they had has ensured is that the functions of the new authority thought of something like this when they were in will be subject to strict control and oversight by both government, but the concerns of the users of the public the minister and the department. We can see this all the transport system fell on deaf ears. The former way through the bill. Many people, including Daniel government refused to acknowledge those concerns, it Bowen, have been reported as saying that it is stopped listening to Victorians and it did not understand something of a surprise to see that the authority’s about getting back to basics. independence is not enshrined in legislation. We would welcome that. What we have here enshrines the How many times have we heard about how much minister and the Department of Transport as having money the former Labor government threw at total control. Rather than being open, accountable and everything, including how much it threw at public transparent, what do we have? We have more of the transport? On this side of the house we know that it is same from the dark days. We will have Ian Dobbs not about just throwing money at things, that it is responsible for running the system. He will be actually about looking at the fundamentals. It is not responsible for the preliminary planning — a man who about just throwing money and saying, ‘We threw ripped thousands of jobs out of the old transport system. money and we’ve fixed it’; it is actually about looking It is well known, and I will hark back to other years, at reform, and reform has to start with the fundamentals that Labor had to pump many millions of dollars into and the foundations. To rebuild an effective and the transport system just to keep it going, because efficient public transport system the basics need to be without Labor pumping money into the transport fixed. system it would have closed down under the failed Dobbs plan. You cannot build a house on poor foundations; they have to be solid. You cannot expect the house to stay I understand that some amendments to this bill have upright and secure if the framework is not sturdy and if been circulated. I urge the Minister for Public Transport the foundations are weak. That is what we had here. to start listening to the opposition and accept to those You cannot build further on a public transport system amendments rather than listening to somebody who is that has unstable foundations. You have to deal with the described as one of Kennett’s henchmen and who cut problem, and that is what the government is doing with thousands of jobs from the service. Let us get public this bill. There is no point in throwing money at the transport moving again, and let us see some of that situation when the basic building blocks are not openness and transparency that we hear so much about properly in place. We know the former government but have not seen yet. Let us lift the curtain that has does not understand process very well. We saw that in fallen down. I ask the minister and the Department of question time today. And because those opposite do not Transport to lift the curtain, to make themselves open understand process, they did not understand how to fix and accountable and to come back to us with another the system. So what did the former government do? It bill that will enshrine the authority’s independence in threw money at the appearance. It forgot to go back and legislation. look at the foundations — to look at the basis of the problem and at the basics. It forgot to look at the Ms RYALL (Mitcham) — I rise in support of the framework. And because of this it did not understand Transport Legislation Amendment (Public Transport the instability that needed to be fixed before Development Authority) Bill 2011. This is another improvements could be made. election commitment from the Baillieu government. It is interesting that the shadow Minister for Public For too long Victorians suffered with late trains, Transport mentioned earlier that Labor is here to help, cancelled services, unreliable information and but we have just heard from the member for Yuroke infrastructure that was left wanting. They would see condemnation of every aspect of the bill. I am not sure their buses disappearing in the distance as they how being here to help and condemnation go together. disembarked their trains and walked off the platform. I
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
4830 ASSEMBLY Tuesday, 25 October 2011 heard a member opposite saying earlier that generally needed for them to get from where they are to where things are okay. If those opposite think that things are they need to be. okay, once again it highlights the fact that they were not listening to the public, that there was no understanding The member for Brunswick talked about outcomes and of what the fundamental problems were and no demanded outcomes from this government. I am just understanding of foundational problems and the process wondering what happened to reviewing the outcomes needed to fix them. Clearly those opposite have not that occurred under the former government. What learned anything. I have heard that said a number of happened to outcomes on its watch? We saw that public times in this house. Clearly they still do not get it. transport was a shambles. People were unhappy; they could not get where they wanted to go on time. As I The Baillieu government was elected to fix the said, they saw their buses off in the distance when they problems, and it is doing just that. This bill will enable arrived on trains. I have noted that many of the integration. It is about getting a more cohesive and Auditor-General’s reports that have come out have seamless approach to managing our comprehensive highlighted the fact that the measurement of outcomes public transport system. It is about improving was scarcely done under the former government, so it is governance and, through better governance, achieving interesting for the member for Brunswick to demand better process, better integration and better outcomes. outcomes when outcomes were not something that When organisations are well structured and have good tended to be measured under the previous Labor governance systems in place, they have much better government and when the Victorian people’s foundations for good service delivery. It is about getting understanding and experience of those outcomes was the understanding of correct governance, correct service actually so poor. delivery and correct outcomes. Those opposite became accustomed to blame shifting. No-one would take I commend the minister for this bill. I am pleased that responsibility for the problems. It was always someone the Baillieu government is fulfilling another election else’s fault. This bill is about clarity of responsibility. It commitment. I am pleased about getting rid of the is about oversight. It is about doing away with the fragmentation and about getting a comprehensive blame shifting and it is about the improved service system that is going to improve service delivery, that is delivery that Victorians have been asking for for so going to improve management of the system overall long. and that is going to start to get the improvements and outcomes that Victorians have been looking for for so As well as being about those of us who live in this long. Unfortunately those cries fell on deaf ears under fantastic state of Victoria, this bill is about those who the former government. I am grateful for this bill and visit our state. Our tourism industry wants to know that the improvements it will bring. I commend the bill to the public transport system actually delivers and that it the house. will get visitors to where they need to be on time. This bill is not just about the livability of the state but also Mr NARDELLA (Melton) — I rise to speak on the about those who visit the state. It is about improving Transport Legislation Amendment (Public Transport their public transport experience. It is also about Development Authority) Bill 2011. I have heard improving the integration of our transport services and, members on the other side of the house talk about this as a result, improving service delivery and the bill. The member for Seymour talked about how the bill experience for all Victorians. will assist those opposite, now that they are in government, in going down the path of meeting targets. The commuters of the Mitcham electorate have been Those opposite are saying that the targets are now being calling out to be heard. They have been calling out for met. I will explain it this way: the targets have been met accountability, and they are thrilled that we are going to because the standards have been reduced. The standards have an integrated public transport authority that will and the targets that were aimed for under our mean every agency can have information about what is government were much higher, but this government going on and which will start to get that integration and and this bill are all about spin. The bill will not put on compatibility between services so that outcomes can be the ground one more carriage, one more bus service, delivered. The fragmentation of bodies in the past was a one more tram service or any other service within hindrance to seamless transport service delivery. That suburban Melbourne or the rural and regional areas of fragmentation in effect worked against service delivery Victoria. improvement as opposed to working for it. The commuters of the Mitcham electorate are pleased to see One of the functions of the Public Transport a body that will start to deliver on the outcomes that are Development Authority (PTDA) will be to audit and report on public transport assets. So far the government
TRANSPORT LEGISLATION AMENDMENT (PUBLIC TRANSPORT DEVELOPMENT AUTHORITY) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4831 has a terrible record in regard to public transport. In the In the last 10 months we have had no new services and first instance where this government could have no new trains, but there have been crossing upgrades. advocated for more services, for better services and for When the authority does its audit, where will it find a the extension of services, the government was found to crossing upgrade? Given the priority list of 400, where be asleep. The government dozed through the will it find one? At 256 or thereabouts, and in the submission process for Infrastructure Australia. When minister’s electorate; it is not even part of the top 10. Infrastructure Australia was calling for a cooperative The government is spending $2 million on a railway approach with the federal government to extend public crossing at New Street, Brighton, which is probably transport services within Victoria, the government did 326 out of 400. The priority should be St Albans not even put in a submission. Instead this government railway station or Furlong Road, where unfortunately left it to the new Liberal government in New South just recently there was another fatality, but there is no Wales, to Queensland, to South Australia, to Western upgrade and no work being done. Australia, to the Northern Territory and to Tasmania to put in submissions to Infrastructure Australia about There are lots of studies, though. The authority will be public transport. Where was Victoria? It was asleep at able to investigate the studies that have been done by the wheel. this government. There is the Doncaster line in the east and an Avalon Airport line is being investigated. There Ms Ryall — On a point of order, Acting Speaker, is also a Tullamarine airport link being investigated. the member has strayed somewhat from the bill to Avalon is the priority for this government, yet 95 per speak about Infrastructure Australia submissions. I ask cent of people use Tullamarine airport. These are the you to draw the member back to the bill. priorities of this government.
The ACTING SPEAKER (Mr Morris) — Order! Will the government reopen the Mildura line? Will this As the member for Melton is aware, it has been a authority advocate, as is allowed under the legislation reasonably wide-ranging debate. I have showed before the house, to reopen the Mildura line? tolerance to both sides, and I intend to continue to do Government members have all been up there, visiting that, but a passing association with the bill would be the member for Mildura. They have gone to the useful. riverfront and to restaurants — they have been swanning around — but will they reopen the Mildura Mr NARDELLA — I was talking about the audit line? They closed the Mildura line, along with the and report requirements of the PTDA. In regard to the Bairnsdale line and four others, as part of six closures provision of services to growing outer suburbs, where during the 1990s. Will they open the Mildura line in the was this government with the construction of a new land of The Nationals? No, they will not. Under part 2 Caroline Springs station, which was fully funded under of the bill the new authority can advocate. This open the last budget? It cancelled that project. The money and accountable government has said, ‘Yes, this was there and the road was built, but there is no station. legislation will make the authority an advocate for When the authority audits these things it will find that public transport in Victoria, be it rail, bus or tram’, but there is no station at Caroline Springs. it can only advocate in accordance with the government’s public transport policies and priorities In regard to the upgrade of the Melton railway station, and under the Department of Transport’s planning there are lots of cars because it is a growing framework. community. It is part of the outer suburbs. As part of the further upgrading that needs to occur, Labor Mr Watt — On a point of order, Acting Speaker, allocated $800 000 to seal the car park and for more when the member for Melton was talking about train closed-circuit television. We have had cars stolen at line closures he forgot to mention the Alamein train line Melton railway station, but the upgrades have not been closure last year. done. As part of the Victorian transport plan we had a bus review at Bacchus Marsh, yet there have been no The ACTING SPEAKER (Mr Morris) — Order! upgrades and no commitment to any new bus services There is no point of order. That was very close to a for the new estates that are being built. The regional rail frivolous point of order. upgrade was opposed by the Minister for Public Transport when he was in opposition. There are Mr NARDELLA — As the members for Yuroke 202 more services each day, yet when the audit is and Derrimut said earlier, the new authority will not be finally done under this bill it will find that the flagship independent in any way whatsoever. It cannot advocate service for Ballarat was cancelled by this government. for better services if the government will not allow it to It has gone. do so because better services are not part of the
PUBLIC INTEREST MONITOR BILL 2011
4832 ASSEMBLY Tuesday, 25 October 2011 government’s policy, framework or planning. That is a retrieval warrant, an assistance order and an approval especially the case given that the government is of an emergency authorisation for surveillance devices; bringing back one of the toecutters of the Kennett telecommunications interception warrants by Victoria government. Ian Dobbs will be running the show. He Police and the Office of Police Integrity under the will be not only CEO but also chair of the authority. Ian Telecommunications (Interception and Access) 1979 Dobbs, a toecutter of the Kennett government, (cth); privatised and disassembled public transport and covert search warrants, preventative detention orders created a mess at that time, when coordination went out and prohibited contact orders by Victoria Police under the back door. Putting Ian Dobbs in that position in this the Terrorism (Community Protection) Act 2003; authority means that this government is not fair dinkum coercive powers orders by Victoria Police under the about public transport. Major Crime (Investigative Powers) Act 2004; and Under the Victorian transport plan we had extensive an extension, variation, renewal or revocation of an consultation. Everybody was involved, people attended order, warrant or approval for these powers. many sessions and they worked through the priorities. Surveillance device warrants and retrieval warrants are made We were implementing those priorities, but now that under the Surveillance Devices Act 1999 (SD act) and has all stopped. This legislation and this government authorise the placement and retrieval of surveillance devices. will be judged on what they deliver and how they Victoria Police and the OPI’s power to intercept telephone perform, and we will be bringing them to account at communications is provided for under the every opportunity within this area of government. Telecommunications (Interception and Access) Act 1979 (cth). Victoria Police and the OPI are declared eligible Debate adjourned on motion of Mr WAKELING authorities for the purposes of an application for a warrant (Ferntree Gully). authorising telecommunications interception. The Victorian Telecommunications (Interception) (State Provisions) Act 1988 imposes additional procedural requirements on Victoria Debate adjourned until later this day. Police and the OPI in relation to telecommunications interceptions. PUBLIC INTEREST MONITOR BILL 2011 The PIM will also be present at applications under part 2 and 2A of the Terrorism (Community Protection) Act 2003 (TCP Statement of compatibility act). Part 2 and 2A powers include: covert search warrants, allowing a search to be Mr McINTOSH (Minister responsible for the conducted without the knowledge of the owner and/or establishment of an anti-corruption commission) occupier of a premises; tabled following statement in accordance with Charter of Human Rights and Responsibilities Act preventative detention orders, allowing for the detention of a specified suspect for a period of time; and 2006: prohibited contact orders, allowing the authorised In accordance with section 28 of the Charter of Human Rights agency to prohibit a specified person from contacting and Responsibilities Act 2006 (the charter act), I make this other specified persons. statement of compatibility with respect to the Public Interest Monitor Bill 2011 (the bill). The PIM will also be present in all applications, extensions and variations of coercive powers orders under part 2 of the In my opinion, the bill, as introduced to the Legislative Major Crime (Investigative Provisions) Act 2004 (MCIP act). Assembly, is compatible with the human rights protected by the charter act. A PIM will appear at hearings for these powers to test the content and sufficiency of the information relied on and the I base my opinion on the reasons outlined in this statement. circumstances of the application. Further to this function, the role of the PIMs includes: Overview of bill to ask questions of any person giving information in The purpose of the bill is to establish a principal public relation to the application; and interest monitor and deputy public interest monitors (PIMs). to make submissions as to the appropriateness of The object of the bill is to provide a further safeguard for granting the application. applications for: The PIMs will also have the functions conferred on them by surveillance device warrants by Victoria Police, the any other act or law. Office of Police Integrity (OPI), the departments of primary industries and sustainability and environment, and the Australian Crime Commission under the Surveillance Devices Act 1999;
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Human rights issues Warrants, orders and approvals issued in ex parte hearings occur in the absence of the affected party. Material gained 1. Human rights protected by the charter that are under some of these powers could be used in criminal relevant to the bill proceedings. The PIM will be able to make submissions on an application in the public interest, offering additional comfort Privacy and reputation (section 13 of the charter act) that decisions to grant these powers have been informed by the PIM’s submissions on the merits of the application. This Section 13(a) of the charter act provides that individuals have therefore promotes the right to a fair hearing. a right not to have their privacy unlawfully or arbitrarily interfered with. The right to privacy concerns a person’s Conclusion ‘private sphere’, which should be free from government intervention or excessive unsolicited intervention by other For the reasons given in this statement, I consider that the bill individuals. An interference with privacy will not be unlawful is compatible with the Charter of Human Rights and provided it is permitted by law, is certain, and is appropriately Responsibilities Act 2006. circumscribed. Interference will not be arbitrary, provided that the restrictions on privacy are reasonable in the particular Andrew McIntosh, MP circumstances and are in accordance with the provisions, aims Minister responsible for the establishment of an and objectives of the charter act. anti-corruption commission. Clauses 23, 31, 43 and 44 amend the SD act, TISP act, TCP Second reading act and MCIP act to require that the PIM be provided with a copy of the relevant application and any supporting affidavit Mr McINTOSH (Minister responsible for the and other material. These documents may contain personal information collected by investigators that would previously establishment of an anti-corruption commission) — I have been made known only to law enforcement officers, move: integrity officers and judicial officers hearing the application. Increasing the distribution of this information to include a That this bill be now read a second time. PIM engages the right to privacy and reputation. However, personal information shared with PIMs will be protected by This bill establishes public interest monitors to provide strict confidentiality obligations. Clause 17 of the bill important checks and balances on the use of significant provides that a PIM must not disclose any information covert investigations and coercive powers in Victoria. obtained in the course of his or her role, except in the performance of his or her functions as a PIM. A breach of this obligation constitutes an offence. Covert investigations and coercive powers, such as surveillance devices, telecommunications interceptions, I consider that clauses 23, 31, 43 and 44 do not constitute a covert searches, preventative detention, prohibited limitation, interference or restriction on the right to privacy. A contact orders and coercive power orders are among the PIM’s entitlement to receive applications for these powers and supporting material is an arrangement that will be lawful, most intrusive powers available to integrity and law will not be arbitrary, and is appropriately circumscribed by enforcement bodies in Victoria. confidentiality obligations outlined above. For the reasons stated, I consider that there is no limitation on the right to Strong accountability measures should exist for the use privacy under section 13 of the charter act. of such significant powers. It is critical that the The engagement with the right to privacy must be considered Victorian community has full confidence that in light of the public interest purpose of the bill. The bill applications for covert investigation and coercive establishes the PIM as a further safeguard to help ensure that powers are subject to optimal safeguards and oversight. particular warrants, orders and approvals for law enforcement purposes are granted only in appropriate cases. As The recent report of the Victorian Ombudsman, applications for these powers are usually considered at ex parte hearings, the introduction of the PIM to consider Investigation into the Office of Police Integrity’s applications and act as a contradictor (where appropriate) Handling of a Complaint, has expressed concerns about enhances the right to a fair hearing. the oversight of telecommunications interception Right to a fair hearing (section 24 of the charter act) powers and recommended the introduction of measures to ensure there is merits-based assessment of Section 24 of the charter act holds that a person charged with telecommunications interceptions in Victoria. In that a criminal offence or a party to a civil proceeding has the right report the Ombudsman states: to have the charge or proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing. It also holds that all judgements or decisions This gap in accountability with regard to telecommunication made by a court or tribunal in a criminal or civil proceeding interception has been recognised in some other states. must be made public, unless exceptions apply including that a (paragraph 39) law other than the charter act otherwise permits. Section 24 deals with the right to a fair hearing, incorporating principles The measures taken or being considered in New South Wales of procedural fairness. Procedural fairness concerns the extent and Queensland are measures that may be of assistance in to which the procedures of a hearing protect the rights of the ensuring that there is an effective merits-based assessment of parties, such as the right of a party to be provided a telecommunication interceptions in Victoria. In this regard, I reasonable opportunity to present his or her case under recommend that consideration be given to developing conditions that do not place that party at a substantial appropriate measures to allow the merit of telecommunication disadvantage vis-a-vis his or her opponent.
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interceptions to be assessed and monitored in Victoria. will provide increased accountability for integrity and (paragraph 44) law enforcement agencies. The government has taken swift action to help ensure The bill introduces public interest monitors into that applications for the use of such powers are tested in application processes by amending the Surveillance the public interest, through the introduction of public Devices Act 1999, Telecommunications (Interception) interest monitors. (State Provisions) Act 1988, Terrorism (Community The bill provides for public interest monitors to have a Protection) Act 2003, and the Major Crime role at hearings of applications for these powers. At the (Investigative Powers) Act 2004. application hearing, a public interest monitor will The telecommunications interception powers regime is represent the public interest by testing the content and governed by commonwealth legislation. Introduction of sufficiency of material relied upon in the application public interest monitors into the application process and the circumstances of that application. will require amendments to commonwealth legislation. The government has long been on the record about the The government has notified the federal need to ensure integrity and law enforcement bodies are Attorney-General about this important legislation. subject to robust oversight. Consultation has Officers from the Victorian Department of Justice will highlighted the importance of ensuring the use of these progress this issue with the federal Attorney-General’s significant powers is scrutinised carefully. Public department as a matter of priority to ensure public interest monitors will assist state and federal judicial interest monitors are authorised to attend hearings for officers and Administrative Appeals Tribunal (AAT) applications for telecommunications interception members to provide that scrutiny at the time of warrants as soon as possible. applications are sought. This will give Victorians Public interest monitors performing substantially confidence that the content and sufficiency of material similar functions have existed in Queensland since relied upon in support of the application is vigorously 1998 and in the Australian Capital Territory in relation tested. to terrorism offences since 2005. In 2010 alone, Victoria Police and the OPI made The key aspects of the Public Interest Monitor 424 applications for telecommunications interception Bill 2011 are as follows: warrants. None of these applications was refused. Applications for telephone interception warrants were Functions routinely heard by members of the AAT; records show that in the last three years not a single application by a Public interest monitors will have a role prior to, and at Victorian agency has been refused. hearings of, applications for:
The figures for surveillance device warrants tell a surveillance device warrants, retrieval warrants, similar story. Over the last three years, 2007–08, assistance orders, and approvals of emergency 2008–09 and 2009–10, there were 423 applications for authorisations by Victoria Police, the OPI, the surveillance device warrants made by Victoria Police departments of primary industries and sustainability and the OPI, and only two were refused. and environment, and the Australian Crime Commission (when applying for warrants regulated These applications are heard ex parte, without the under Victorian legislation) under the Surveillance knowledge of the target of the covert power and Devices Act 1999; without the opportunity to appear at hearings for the application. Public interest monitors will be entitled to telecommunications interception warrants by appear at hearings of these applications, to test the Victoria Police and the OPI under the material on which they are based, in the public interest. Commonwealth Telecommunications (Interception and Access) Act 1979 (subject to other necessary Public interest monitors will offer additional comfort commonwealth legislative amendments); that decisions to grant these powers have been informed by public interest monitors’ submissions as to the covert search warrants, preventative detention appropriateness of the application. Public interest orders, and prohibited contact orders by Victoria monitors will assist the relevant judges, magistrates and Police under the Terrorism (Community Protection) AAT members by appearing at the hearings of Act 2003; and applications for these powers. Public interest monitors
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coercive powers orders by Victoria Police, for the In addition, a public interest monitor must not be chief examiner, under the Major Crime employed in or by, or seconded to, any body that is (Investigative Powers) Act 2004. eligible to apply for any of the warrants, orders and approvals specified in the act. Public interest monitors will also have a role at applications for extensions, variations and revocations A public interest monitor must avoid any actual or of such warrants. At a hearing, a public interest monitor potential conflict of interest, and may declare that he or will be able to ask questions of any person providing she is unable to carry out the functions of a public information about the application. A public interest interest monitor in a particular case if a potential or monitor will make submissions to the judge, magistrate actual conflict arises. They will also be subject to strong or AAT member on the appropriateness of the obligations of confidentiality to ensure that sensitive application. information remains confidential.
Public interest monitors will appear at applications Reporting made by the OPI, and subsequently the IBAC when it is authorised to apply for such warrants. The principal public interest monitor will report annually to the minister on the performance of the Requirement to notify functions of all public interest monitors. The minister will cause the report to be laid before Parliament within An officer of an integrity or law enforcement body will 14 sitting days of receiving it. The report will include be required to notify a public interest monitor about an the total number of applications at which a public application to exercise one of these powers. This interest monitor appeared, the number of applications obligation includes giving a public interest monitor a by each agency at which a public interest monitor copy of the application and any affidavit. appeared, the number of orders made, warrants issued or authorisations approved on applications by each The bill amends the enabling acts under which these agency, the number of applications made by telephone, powers may be applied for to introduce a positive and the number of applications by each agency that obligation on an applicant to provide full disclosure of were refused or withdrawn. all matters relevant that are adverse to the application. A breach of this obligation to provide full disclosure The inaugural principal public interest monitor and will be an offence. The offence highlights the critical deputy public interest monitors will be appointed by the role of public interest monitors, and the importance of Governor in Council as soon as possible following the applicant providing all information to the public passage of the legislation. interest monitor as part of the application process. The offence will not be a strict liability offence — it will Covert investigation and coercive powers are require a knowing or reckless failure. significant powers. Strong accountability measures should exist for the use of significant powers. It is Principal public interest monitor and deputy public critical that the Victorian community has full interest monitors confidence that applications for covert investigation and coercive powers are subject to optimal safeguards and There will be one principal public interest monitor, who accountability. This is why we are establishing the will be supported by deputy public interest monitors. office of public interest monitor. Public interest monitors must be Australian legal practitioners. The principal public interest monitor may I commend this bill to the house. issue guidelines about how the deputy public interest monitors perform their functions. Debate adjourned on motion of Ms HENNESSY (Altona). It is necessary that, in performing their functions, public interest monitors act independently and avoid any Debate adjourned until Tuesday, 8 November. conflicts of interest. Therefore a person will be ineligible for appointment if they are a member of the Parliament of the commonwealth or a state or territory, or the Director of Public Prosecutions, Solicitor for Public Prosecutions, any person appointed under the Public Prosecutions Act 1994, or employed in, or seconded to, the Office of Public Prosecutions.
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SENTENCING AMENDMENT community correction order and attach one or more (COMMUNITY CORRECTION REFORM) optional conditions. I would like to go through those BILL 2011 conditions briefly. They will be able to include up to 600 hours of community work; up to 12-hour curfews, Second reading which is a significant issue that I will come back to later, as well as no-go zones; conditions on where an Debate resumed from 15 September; motion of offender may live; restrictions on contact with specified Mr CLARK (Attorney-General). persons; driving licence suspension, restriction and cancellation; impoundment of a vehicle; and GPS Ms HENNESSY (Altona) — I rise to speak on the monitoring. Sentencing Amendment (Community Correction Reform) Bill 2011. I would like to say at the outset that The provisions of the bill also apply to any offence that it is not Labor’s intention to oppose this bill, subject to attracts a penalty of 5 penalty units or more, and the a number of concerns that we will canvass throughout order can last as long as the maximum term of the course of this debate. Should the government not be imprisonment for an offence. Critically, though, as I in a position where it is adequately able to address those said, the Labor opposition is not hoodwinked by the issues, then the opposition will reserve its right to spin that has surrounded this bill, because many of the consider amendments when the bill is in the other powers listed in the bill already exist. This bill is in fact place. Most importantly, we are not fooled, persuaded a codification of those powers. We are not persuaded or hoodwinked by the government’s rhetoric, by any kind of spin that this is a revolutionary piece of specifically on reforms in this bill, and law and order legislation. Almost all the powers already exist as generally. Before the last election the coalition made a reserve powers. The bill is in the main simply a promise to the Victorian people: ‘We are going to repackaging of existing options. overhaul the community correction system’. The coalition said it would put teeth into community orders. It is interesting to note also that the effect of the bill is The truth about this bill is that it is predominantly an to give back to the judiciary powers that the coalition exercise in window-dressing. sought to take away with much great fanfare in recent times. A fine example of this is suspended sentences. This bill recasts a number of the powers that the courts We know that coalition members like to run around already have in respect of community correction orders saying that they have abolished suspended sentences. and rolls them into a single order. Community-based Members of the opposition know the truth, which is orders have evolved over the past few decades at that the coalition government has abolished six various points in time. We saw reforms in respect of the suspended sentences, and only three in toto because Kennett, Bracks and Brumby governments, so the three have been abolished only in the context of an evolution of community-based orders reflects the offence that is not heard as an indictable offence. In this varying responses to the need for appropriate bill we see the government giving back the power by non-custodial penalties. effectively ensuring that the judiciary can apply community-based orders for offences for which the Currently we have broadly grouped community-based coalition has taken away suspended sentences. and intensive correction orders. We also have combined custody and treatment orders. Providing the judiciary Home detention is yet another fine example of that. We with an appropriate suite of powers is really important have seen the abolition of home detention. Yet in this for ensuring that it has appropriate sentencing options bill we see the regulation around a power that ensures to meet the aims and aspirations of the sentencing that judges can effectively detain someone at home on a legislation. That legislation obviously requires a curfew for 12 hours. It seems that what the coalition hierarchy of options to reflect, among other things, the taketh away from the judiciary in part — in respect of severity of the crime. many of the conditions that will be able to be applied to community-based orders — it has given back. So the The orders that the bill reforms give judges a full suite coalition spin around ‘jail means jail’ is in fact a bit of a of penalties that sit between fines at the low end and furphy. imprisonment at the high end. When we go to the detail, what does the bill do? All existing There is one other great fundamental flaw in the community-based options are abolished and replaced coalition’s law and order narrative. Coalition members with a single community correction order. If a judge are really big on the tough guy rhetoric, but the decides that the appropriate punishment resides fundamental test of any criminal justice system and between a fine and imprisonment, a judge can make a community safety regime requires a
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Tuesday, 25 October 2011 ASSEMBLY 4837 whole-of-government approach in investing in understand that the lead speaker has a fairly liberal preventing crime occurring in the first place. Yet we opportunity, but I ask the member not to stray too much have not heard anything from this government about a further. whole-of-government crime prevention program. Ms HENNESSY — I will certainly take on board We have seen the cutbacks around the Victorian your reminder, Acting Speaker, but let us not forget that certificate of applied learning (VCAL). Much of the one of the fanciful purposes articulated when members research around VCAL indicates that it has been opposite speak about the objects of the bill is crime incredibly effective in bringing back into the education prevention. If we want to hold the bill up to a test, we system children who have been exposed to the juvenile must test it in context, and that context is compelling justice system. That is what the research shows. It was and disappointing cuts in service after service that written about quite persuasively in an article by Jill fundamentally goes to what causes crime in the first Singer that appeared in the Herald Sun only last week. place.
Ms Ryall — On a point of order, Acting Speaker, Another example I would like to talk about in the member has well and truly strayed from the bill. I preventing crime is this government’s failure to support ask that you draw the member back to the bill. the nationally acclaimed Be Safe! program that keeps women in regional Victoria safe. The coalition was Ms HENNESSY — On the point of order, Acting happy to bask in the glory when the program won a Speaker, you would of course be aware of the latitude national award but was not so happy when the health that is afforded to lead speakers on bills. Perhaps you service — — would like to remind the member on the other side of that latitude. Given that significant latitude was given to Mr Delahunty — On a point of order, Acting non-leading speakers in the last debate, I urge you to Speaker, the member is going well off the bill. She is take that into consideration in your ruling. talking about a defunded federal government program called Be Safe!, which has nothing to do with the state The ACTING SPEAKER (Mr Tilley) — Order! I government. I ask you again to bring her back to this have been listening to the member’s contribution. There bill. is no point of order. The ACTING SPEAKER (Mr Tilley) — Order! Ms HENNESSY — As I was saying, the research On the topic of Be Safe!, the member is now straying. I around VCAL shows that it is a program that supports warn the member not to stray any further but to come young people to be retained in the education system. back to the bill. We know that young people who fall out of the education system are more likely to be exposed to the Ms HENNESSY — Thank you, Acting Speaker; I criminal justice system. will heed your warning. I understand why members of the state government are deeply embarrassed by their If you are committed to ensuring that crime does not position on that. occur, you need to ensure that families have proper support around them. The child protection system is The bill also contains a range of conditions around another example of that. Which service does the employment programs as determined conditions of Department of Human Services have to use regularly community-based orders. By way of stark contrast, I for child protection? It is occasional child care. What do posit this government’s failure to support programs we see from the coalition government? A complete such as the Goodbye Graffiti program in Laverton. That abandonment of funding of the Take a Break is a program in which long-term unemployed people occasional child-care program. On the one hand the clean graffiti from walls along local train lines. The government’s attitude is that children should be referred people who run the program also take the opportunity to occasional child care, but on the other hand it of ensuring that those people are placed in employment defunds the program and pretends to care about crime programs to use their skills in appropriate trades. What prevention. does the government do? It refuses to fund the program.
Mr Delahunty — On a point of order, Acting Government members say that they are tough on crime Speaker, the member is well off the bill. I ask you to and they are going to bring in new, revolutionary bring her back to the bill. community-based orders to try to prevent crime. It is a farce. The only test of judgement is what this The ACTING SPEAKER (Mr Tilley) — Order! It government does to invest in the prevention of crime is a similar point of order to the one raised last time. I occurring in the first place. Time and again we see this
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4838 ASSEMBLY Tuesday, 25 October 2011 government trying to pretend that it is tough on crime, crime, in public transport and in roads. I am confident and we say it should start focusing on the reduction of that they would much prefer their hard-earnt taxpayer crime. Is it any wonder that the minister, who I happily dollars to go into those sorts of services rather than see here in the house tonight, has been unable to building new prisons. While we are all politicians here articulate what the effect of these so-called and might throw around all our plaudits, and we all like revolutionary changes will be on the actual crime rate, to claim a deeper understanding of what community and has said only that ‘The crime rate may not reduce views are around the criminal justice system, I also for another year’. think it is important that we listen, reflect and use the wisdom, experience, intelligence and data of those who The government also refused to put any crime reduction know what they are talking about in this space. targets in the budget output measures. Why? Because it does not want to be held accountable. It does not want It would be remiss of me not to mention a report that to have to commit to actual outcomes on which its was given to this government recently on this very performance can be judged. That would be highly topic. The Sentencing Advisory Council has a statutory inconvenient for the government. It is much more function to gauge public opinion on sentencing matters. effective to come out with headline spin issues around In March it gave a report to the government called being tough on crime while it rips the guts out of Alternatives to Imprisonment — Community Views in community services. It is much easier for this Victoria. The summary of this report given to the government to pretend and say, ‘We are the tough guys government by the Sentencing Advisory Council says: and they are soft on crime’ because this government does not want to be measured on whether and how it This report shows that, contrary to common myths and misconceptions about a punitive public, people are open to a actually reduced crime. policy of increasing the use of alternatives to prison such as supervision, treatment and community work. Victorians are After an eight-year decline in recidivism, what do we especially accepting of appropriate alternatives for mentally see in the government’s own budget papers? It forecast ill, young or drug-addicted offenders, preferring a policy of an increase in recidivism — not just an increase in treatment, rehabilitation, counselling and education programs recidivism around the correction system but specifically to prison. around those who have done community-based orders. Its own report gives quite an insight into what If there is one accuracy in the coalition rhetoric it is community views are around the divisive issue of this: it has predicted its own failure. I would usually prison versus non-custodial sentencing. commend honesty, but it is a fraud on victims to pretend that you are tough on crime, to come with This brings me to my next point: the question of repackaged law and order policies and then to walk resources. Communities need to ensure that the away from ensuring that crime is not committed again treatment options that will support the or that it is prevented in the first place. community-based orders are funded and resourced properly. If community correction orders are to be The next fallacy the coalition tries to trot out is when it effective in addressing the causes of crime, it is says, ‘We are meeting community expectations’. I put absolutely critical that there is adequate resourcing. on record my strong support for a criminal justice That means not just within the Department of Justice system which the community has faith and confidence and the community correction system but also for the in. It is my strong view that community views and input service providers. I can certainly speak to the should inform public policy. It is most regrettable that five-and-a-half-month waiting list for those who might this government has botched its own online sentencing be the subject of an apprehended violence order out in survey, to say the least, because rather than being an the western suburbs who actually require anger opportunity to have credible, well-informed data around management treatment. There is not a dollar from this what community views might be on a certain section of government for the sorts of conditions that will attach the sentencing arena, the authenticity of those results to these sorts of orders. has been undermined right from the get-go. But I do not contest the principle, and I also note that there has been The effectiveness of this sort of monitoring also goes to some significant evolution within the judiciary about the investment in information and communications saying that it wants to better reflect community views. technology. I know that is a big issue, particularly around the monitoring of sex offenders and serious sex I am confident in my view that Victorians want less offenders. We will be monitoring the government’s crime, not more crime. I am confident in my view that resource allocation and holding the government to the Victorian community wants more investment in account. schools, in hospitals, in the sorts of services that prevent
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It was also interesting to read in the annual report of the Secretary of the Department of Justice, and we would Adult Parole Board of Victoria that it is urging the make the point concerning the separation of powers government to resource monitoring more fulsomely. even if it were. But there is a very, very structured The adult parole board made a series of comments, not delegation process here, which means that we are not just in respect of monitoring but also around the necessarily talking about those who are sitting at the treatment options. Many of those who work in the highest levels in the Department of Justice. One of the criminal justice arena are also making those sorts of questions we have is: is it appropriate to provide urgings to the government, particularly around resource Department of Justice officials, who lack public allocation. I share their concerns about court pressures accountability, with those extrajudicial powers? One of and what criminal justice legislative change does to the really interesting arguments that the law institute court pressures. I share their concern about the inability makes is that community corrections officers often of offenders to be referred to treatment options — necessarily develop close and very complex options that may address the causes of their offending relationships with offenders under their management, in the first place. and it questions whether it is appropriate that they then act as judge and jury and then exercise an extrajudicial The Law Institute of Victoria has cited several instances power in respect of variations to their penalties. where conditions of benefit are not recommended by community corrections officers during the We want to hear what the government has to say about court-ordered assessments due to the unavailability of those issues, because we feel uncomfortable with placement in those courses. There are unacceptably allowing a bureaucrat to determine extrajudicial high waiting lists for many of the courses to which penalties without going back to court. We do want to these conditions attach, and we fail to have any hear what the government has to say about that. information, data or material outlined in the budget Further, we would not want the entire community papers about how this will be resourced. correction order system to come tumbling down after it is inevitably subject to a constitutional challenge in the It will also be important to ensure that the government High Court on this very issue. If the government is is transparent around this system. Transparency is confident on this issue, it should tell us that and should incredibly important because it goes to the issue of release the advice; it should give us the information that community confidence, and we are all agreed that forms the basis of its confidence that this is not an community confidence in the criminal justice system is unconstitutional breach of the separation of powers. a good thing. But one of the deep concerns that the That is a point we would specifically like to hear those opposition holds about this bill is the potential for the on the other side of the house address in the course of separation of powers to be breached. Interestingly there this debate. Failing that, we reserve our right to take up are provisions in this bill that grant Department of this matter in the other place when the bill goes there. Justice bureaucrats power to extend a sanction imposed by courts in respect of curfews and community work. I look forward to the ongoing debate on this bill. It is That means the penalty can be varied by a bureaucrat important that we reflect upon the whole basis for without the person who is the subject of the order debating this matter, and that is: the greatest thing you having their day in court. can do to be tough on crime is to prevent crime occurring in the first place. I think it is important that as public policy-makers we reflect upon and question whether we really want such Mr WAKELING (Ferntree Gully) — It gives me a blurring of the powers of the executive and judicial great pleasure to rise to speak in the debate on the arms of government. Is that transparent? Is that fair? Sentencing Amendment (Community Correction Can the government guarantee that it has rock solid, Reform) Bill 2011. I am very pleased to support this credible advice that such an arrangement would be bill because it is another demonstration of the coalition constitutional? What obligation will an official have to government delivering on a very important election advise a person that they have a right to challenge any commitment — that is, to get tough on crime. This is a variations in court? Why has the government not found government that is getting tough on crime. With the the deep concerns expressed by the Law Institute of greatest respect to the member for Altona, I was Victoria persuasive on this issue? In fact the law bemused by the comment in her contribution when she institute has asserted that this is a clear erosion of the was talking about the Take a Break program, a program principle of the separation of powers. that has actually been axed by the federal government. I am straining to understand how three-year-olds are The fact that there are also significant delegation related to community-based orders. I am unaware of powers in the legislation means this is not just about the too many three-year-olds who are subject to
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4840 ASSEMBLY Tuesday, 25 October 2011 community-based orders, but never mind, I am sure No such reference was made, and the member’s there is some link! comments were rude and out of line.
This government was going to be tough on crime, and Mr WAKELING — On the point of order, if I that is exactly what it is doing. If you look at our record may, Acting Speaker, when I made reference to and what we said we would do, you will see we have Mr McNamara there were certainly noises coming from done just that. We have abolished the legal fiction of that side of the house that were offensive. suspended sentences for a wide range of serious crimes. We also have legislation currently before Parliament The ACTING SPEAKER (Mr Tilley) — Order! that seeks to abolish home detention so that jail will There is no point of order. mean jail. That is exactly what the Victorian community voted for at the last election, and that is Mr WAKELING — This bill seeks to reform the exactly what we are delivering in government. We said community-based sentencing system and provide for a in opposition that the then government should do it, but broad range of flexible new powers and sentencing it was not prepared to listen. We said to the Victorian options. Under this bill we will be amending the community at the election that if we were successful in Sentencing Act 1981 to reform community-based winning government, we would introduce the necessary sentencing laws and provide courts with a broad range legislation to put these things in place, and that is of strong and effective new powers and sentencing exactly what we are now doing. We are standing up in options. It will replace the current range of this house and proposing legislation, which is community-based sentencing laws with a single something the Victorian community has been crying community correction order (CCO). It will also provide out for. We will be proceeding with the complete courts with new powers to suspend or cancel drivers abolition of suspended sentences, the introduction of licences and disqualify persons from driving for any statutory minimum sentences for gross violence offence for any period. In addition it will create new offences and the introduction of baseline sentencing for offences to deal the with contraventions of the CCOs serious crime. These significant reforms will further and existing orders. It will also provide Corrections restore truth and transparency to sentencing. Victoria with new powers to respond effectively to less serious non-compliance issues with a CCO without In the community I represent I have no stronger returning offenders to court. advocate in this area than Mr Noel McNamara, the head of the Crime Victims Support Association. That This is sensible legislation. What it will mean gentlemen has stood up for victims of crime in this effectively is that under the sentencing structures we state. will have in this state, those people who were issued with a custodial sentence will get just that: they will go Honourable members interjecting. to jail. Jail will mean jail under a sentence handed down in this state. If, however, a member of the judiciary is of Mr WAKELING — Those opposite can belittle the the view that a jail sentence is not appropriate for an man, but he is somebody who lost his daughter to offender, they will have the capacity to have a murder and who is prepared to put that grieving behind community correction order issued to that person. We him and stand up for victims in this state. I am one will not have this nonsense of people being handed a person who is prepared to stand up in this house and custodial sentence and having it wholly suspended. If say I am proud of the work he has done for victims, and somebody is provided with a sentence, they will have I am proud to stand up in this house and support just that: they will have a custodial sentence, and they legislation that supports victims. Those opposite have will see out their time in jail. However, there will be a the gall to belittle someone like Noel McNamara, who, flexible arrangement that will be afforded to the along with his wife, Bev, fielded phone call after phone judiciary — that is, this community correction order. It call from families of victims looking for justice under is quite sensible and quite timely that we are taking the previous system, which was in place under the these important steps to do that. responsibility of the member for Niddrie and his colleagues. All that the community and those people he The member for Kilsyth is a strong advocate for his represented wanted was to — — community on issues like law and order. The Minister for Multicultural Affairs and Citizenship, who is at the Ms Hennessy — On a point of order, Acting table, is also a longstanding and passionate advocate for Speaker, the member made an assertion that people on law and order in this house. You need only read his this side of the house were belittling Noel McNamara. contributions on these issues to see that. You only need to look at this side of the house. We are prepared to
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Tuesday, 25 October 2011 ASSEMBLY 4841 stand up for Victorians on important pieces of would rather be tough on the causes of crime. I would legislation. like to see money put into preventing crime.
A range of optional conditions will be allowed under The previous member asked us to nominate stations this bill. These will include unpaid community work of where we do not want to see protective services up to 600 hours and curfews of up to 12 hours per day officers. I do not want to live in a society where there is for up to six months. They can impose areas of a cop on every corner. I want to live in a society where exclusion or restriction. There will be non-association there is a crime prevention scheme and money put into conditions that ban association or contact with a crime prevention so that crime is prevented. Then we specified person or specified classes of person. There is would not have to build more jails, because that is not a range of options in the bill which those in the house the answer. could certainly read if they were willing to do so. However, Labor will not be opposing this bill. The bill This is a government that has said it will get tough on is largely about window dressing. We all know it is crime with 1700 new police and 940 new protective window dressing and the rehashing and rebadging of a services officers. I stand up here saying that these number of existing powers that are already available to protective services officers are important members of courts and rolling them into a single order. the Victorian community. Those opposite will call them Community-based orders have evolved over a number plastic police and will belittle those important officers of years — right through the Kennett years and the in this state, but we on this side of the house will stand Bracks and the Brumby years too — and there are now up for protective services officers because we know a variety of community-based orders, intensive that they will be performing important tasks on our corrections orders and combined custody and treatment railway stations. orders. Along with home detention and suspended sentences the orders give judges a full suite of penalties My community is more than happy to have protective that sit between fines at the low end and imprisonment services officers protecting their railway stations. I ask at the higher end. those members opposite to nominate those railway stations in their electorates where they do not want It seems to me that the crime prevention policy of this protective services officers protecting their government has been influenced by a survey in the communities. I wonder if the member for Monbulk, the Herald Sun. That survey in the Herald Sun was broadly shadow minister for police, is saying that the people in condemned by anybody who has any experience in Upwey, Upper Ferntree Gully and Belgrave should not crime prevention; indeed it was dismissed as rhetoric have protective services officers at those stations. I am and window dressing. It did not give people a backdrop sure he, like all of us, knows that in his heart of hearts to a crime. It had a question of a couple of dozen words. protective services officers are something that his A judge will sit down and read hundreds of pages of community would want. evidence, yet this government seems to have based its policy on a Herald Sun tick-this-box type of survey. This is important legislation, but it is not the final piece of legislation we will see from the Attorney-General The legislation effectively codifies many of the and from this government in this important field. We penalties available to judges under the current regime, have already introduced important legislation into the but it also gives judges some of the options which have house this year. This is another important piece of been stripped from them with much fanfare in recent legislation. There is more to come. This a government months, so I am pleased that the government has seen that went to the election saying, ‘We will be tough on the error of its ways and has given judges back some of crime’, and that is exactly what we are doing. We are the options. Like suspended sentences, there is really delivering on our commitments, and the Victoria less to this bill than meets the eye. We have a community is telling this government that it is pleased government that stands up all the time and beats its to finally see a government that is going to do chest about being tough on crime, yet the Minister for something about law and order in the state of Victoria. Crime Prevention has repeated that the government’s new approach might not reduce crime rates for around Ms BEATTIE (Yuroke) — Good advice was given 20 years or so and that the budget shows that the to the previous member when somebody said, ‘Sit government expects rates of reoffending to rise over the down and read the bill’. I wish he had, because we have forward estimates. Nevertheless, what we see here is a heard lot of rhetoric about being tough of crime. There government that went to the election with a policy to is nobody in this house who is soft on crime, but I replace the existing community-based sentences with a single order, and on this side of the house we accept
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4842 ASSEMBLY Tuesday, 25 October 2011 that the government has the right to implement this have been in the house for a number of years — there policy. are a range of circumstances that each member would have had to address that range across the breadth of Some of the conditions enabled by this legislation criminal offences. In my own constituency it has ranged include up to 600 hours of community work; curfews of from murder, rape, sexual assault, theft and road rage to up to 12 hours per day and no-go zones; conditions on multiple other offences arising under the Crimes Act where an offender may live; restrictions on contact with 1958 and related legislation. specified persons; drivers licence suspension, restriction or cancellation; impounding of vehicles; restrictions on As a community we have a responsibility to enforce the access to licensed premises; and global positioning principles of sentencing, which range from punishment, system monitoring. The bill also broadens the scope of reform, deterrence — and deterrence might be specific these types of orders. deterrence to the individual concerned and also the notion of general deterrence to the world at large — One of the things that particularly concerns me is the and making offenders responsible for their actions. The principle that either the departmental secretary or his or bill before the house countenances a range of her delegate will be able to increase the sanction circumstances where the nature of the sanction is not imposed by the court. We are concerned about the one that warrants a jail sentence but nevertheless where delegation of those powers. I would ask: what important issues need to be taken into account. obligation does the official have to advise the person that they have a right to challenge any curfew increase? An important aspect of the judicial process prior to a I am concerned about the separation of powers. Indeed penalty being applied is the notion of there being some I am not the only one concerned about this. The Law sort of pre-sentence report where an expert in the Institute of Victoria has expressed profound concerns relevant field would interview the accused and provide about the increase of the powers to the departmental a report to the court regarding the suitability for a secretary as described. The law institute even made the community correction order. The community correction point that the Secretary of the Department of Justice is a orders drawn together under the act include a range of public servant who is effectively being authorised to options. exercise judicial power and that the move is a clear erosion of the principle of the separation of powers. The Members have referred to the notion of unpaid law institute also goes on to say that it is clearly community work. I know in the Sandringham electorate undesirable and inappropriate to provide unelected over a number of years particular office of corrections community corrections officers who lack public work crews have improved the presentation of the accountability with these extrajudicial powers. foreshore. They have also cleared the former Sandringham courthouse site and undertaken works We hear those on the other side rattling on about an along railway corridors in removing graffiti. Good open and transparent government, and yet there is no work has been undertaken by the Department of Justice openness or transparency here. It is most unclear what and the office of corrections in assembling work crews public accountability the secretary of the department where there is the provision of a supervisor, the has. The secretary of the department is a public servant requisite training and equipment to enable them to and not a judicial officer. embark upon certain works where there is ultimately a net community benefit through unpaid community There are many other speakers who want to speak on work. this bill, so in closing I will just say that one of the aspects which I am also concerned about is that the I would also digress briefly to the Friends of Mentone 12-hour curfew looks suspiciously like home detention Station and Gardens who through their diligence have with work release to me. All in all, as I said in my assisted in the detection, through collaboration with the opening remarks, this is just a rebadging and a local police and transit police, of over 100 graffiti rehashing of a number of powers that are already offences for which over 70 people have been charged available to courts by rolling them into a single order. over a period of time. Some of the conditions of the With those few remarks I will let others take up the sentence or penalty imposed upon offenders would debate. include cleaning up graffiti.
Mr THOMPSON (Sandringham) — I am pleased There is also the area of treatment and rehabilitation. A to join the debate on the Sentencing Amendment number of people who have committed offences as a (Community Correction Reform) Bill 2011. As result of drug or alcohol addiction can have a treatment members of Parliament know — certainly those who program prepared as a result of the pre-sentence report.
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Other orders that are available include a supervision other than to note that there are a range of sanctions order. In other circumstances there can be a possible short of a jail sentence which might strengthen non-association order. I think it was a number of years the principles of sentencing being applied to an ago that the laws of consorting in this state might have offender. These include unpaid community work, a been changed, but going back 35 years or so there was treatment and rehabilitation order, a supervision order, a a respected policeman, Angus Ritchie, who was non-association order, a residence restriction, a curfew responsible for that particular area of jurisdiction. There condition, an alcohol exclusion condition, provision for was this notion that certain people who had committed judicial monitoring and drivers licence penalties. offences were not to consort with other people in particular places and establishments, which could give I had been covering the field more immediately in rise to other crimes being planned. relation to the role of the victim impact statement, its importance and how it enables those who have been Under the legislation there can be a residence affected by a crime to speak to the court to enable the restriction, which can confine a person pursuant to perpetrator of a crime to understand the impact of their conditions under the legislation. There is a curfew behaviour on those affected by his or her conduct. I condition and also an alcohol exclusion condition. This might note again that I am familiar in more recent times can be quite broad and restrict a person from entering a with people whose lives have been tragically impacted particular area of licensed premises where they might upon by murders and violent attacks — in one case an be more vulnerable. There is scope for judicial attack with a butcher’s knife and in another, a person monitoring, and interestingly there is scope for a drivers who was repeatedly kicked around the head and face licence penalty, not just in a circumstance where one and who required extensive corrective surgery — and might ordinarily presume that a licence may be others who have been impacted by crimes. removed, such as for a drink-driving offence. There is also an extended provision where, for example, an act It is important to note that there are a range of people of road rage has occurred and the court in its discretion coming before the courts with a range of conditions. might adjudge it appropriate in a particular Some might have a psychiatric disability. I recall a case circumstance that a person’s drivers licence be a number of years ago where there was a person who suspended or cancelled as part of the sentence. The had an acquired brain injury. In that particular case court has the capacity to provide a number of additional there were of necessity important issues that needed to sanctions or conditions as an alternative to jail, which be taken into account by a court, and it is the nevertheless represent a level or regime of penalty to pre-sentence report process that would inform a court the person who has perpetrated a particular offence, officer of those circumstances. In another case there pursuant to and aided by the information that might be was an example of a person who had an intellectual provided in a pre-sentence report. disability and a diminished level of responsibility for the offences he committed. These are important matters The legislation also reiterates the scope of victim that would be brought to the attention of the magistrate impact statements. It is generally understood that the or judicial officer, and those matters would be taken role of the victim impact statement has been an into account as a result of the pre-sentence report. important reform in the criminal law in Victoria where those people who have been seriously affected by a I pay tribute to those people who have contributed to crime have the opportunity to either express their the judicial process and certainly to the survivors and viewpoint directly or have their views conveyed to the those who have been affected as victims. I commend court. I know of a number of people whose families the bill to the house. have been the victims of a murder that has occurred — — Ms CAMPBELL (Pascoe Vale) — I appreciate the opportunity to speak on this important Sentencing Business interrupted pursuant to sessional orders. Amendment (Community Correction Reform) Bill 2011. It is a pleasure to follow the member for Sitting continued on motion of Mr KOTSIRAS Sandringham for whom the Parliament extended the (Minister for Multicultural Affairs and Citizenship). sitting of the house. I am sure it had nothing to do with the visit of Her Royal Highness. It was all to do with Mr THOMPSON (Sandringham) — Before the the member for Sandringham and the importance of me business of the house was interrupted, I was speaking rebutting a number of the points that he raised! on the matter of the Sentencing Amendment (Community Correction Reform) Bill 2011. I will not The member for Sandringham made a significant go through all the provisions to which I have alluded contribution to supposedly support the bill. He
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4844 ASSEMBLY Tuesday, 25 October 2011 highlighted a number of instances in which the court that is in clause 60 of the bill, where a new has the capacity to impose sentences or the courts have section 83AU is inserted into the Sentencing Act the capacity to provide additional sentencing. The 1991 — pre-sentence reports that go to the court provide the opportunity to include victim impact statements, and and the power of the secretary to increase specified curfew hours in addition to those imposed by the court — the courts, on the basis of pre-sentence reports and an understanding of the conditions of the offender and the and that is also in clause 60. circumstances of the crime, make the decision on what sentence is imposed. When they entered this house most people would have been well aware of the power of the courts to impose As our shadow minister outlined extremely well, we on sentences, but if we agree to this bill, we are agreeing to this side of the house have a degree of concern that we give additional powers to the Secretary of the expect to be addressed, and that is the fact that it is not Department of Justice, who is a public servant and a the courts alone, as outlined by the member for member of the executive arm of government. That of Sandringham, that in future will be imposing sanctions course goes to areas of concern in relation to the on the prisoner, but in fact we will be moving to a separation of powers. It is a clear erosion of the situation where offenders could have additional principle of the separation of powers. punishment imposed on them by people who are not officers of the court. These would be public servants, What is also of concern to me and the Law Institute of not members of the judiciary. That is of significant Victoria are the new powers contained in proposed concern to those on this side of the house as it is to the section 115D of the Sentencing Act 1991, which is Law Institute of Victoria. As the member for inserted by clause 69 of the bill, allowing an authorised Sandringham outlined, some people who have acquired person appointed by the secretary to serve an brain injury go before the courts and their infringement notice on an offender where the circumstances have to be taken into consideration, as authorised person has reason to believe that the the courts take into consideration the nature of the offender has failed to obey a direction of the secretary. crime, but it is not the courts that will necessarily be That issue was not answered to my satisfaction by the looking at imposing additional sanctions on that person Attorney-General in the second-reading speech, and I with an acquired brain injury — it could be public hope that when he comes into the house to sum up the servants. debate the concerns of the Law Institute of Victoria will be addressed. As the member for Yuroke outlined to the house, there are concerns that have been expressed in relation to this I quote from a letter from the Law Institute of Victoria: bill not only by the opposition but also by the Law It is clearly undesirable and inappropriate to provide Institute of Victoria. I have correspondence from the unelected community corrections officers, who lack public Law Institute of Victoria that clearly outlines its accountability, with these extrajudicial powers. Community concerns. The Law Institute of Victoria has expressed corrections officers necessarily develop close and complex profound concern about the increased powers of the relationships with the offenders under their management. Secretary of the Department of Justice. Those concerns We are left here in this house with the question, ‘As go to the concerns of the opposition also, and they are community corrections officers, how do people about the principle of the secretary or her or his responsibly undertake their allocated role of developing delegate being able to increase the sanction imposed by complex, close and important relationships with the the court, and I refer to curfews and unpaid community offenders under their management and at the same time work. have a role that is akin to that of a member of the I go to the correspondence I have from the Law judiciary?’. To me it just does not add up appropriately. Institute of Victoria in relation to this matter, which We require some further explanation in this house from states: the Attorney-General.
The LIV is extremely concerned at the proposal to increase The member for Sandringham could well have been a the powers of the Secretary of the Department of Justice, member of the opposition when he outlined very clearly namely, the power of the secretary to direct an offender to the important role of the judiciary in sentencing perform unpaid community work in addition to that imposed by the court — offenders. That is rightly the responsibility of the judiciary. Officers of the Department of Justice have quite a different role, and the separation of powers is an important matter. I believe those issues require the
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Attorney-General to give us some information in his What we have here is a replacement of the current summing up. range of community-based sentences. It will deliver one community correction order regime, and this allows In the few minutes I have remaining I want to address a that regime to provide some flexibility in strengthening matter that has been tabled in the house via the Scrutiny community sentencing. It will also enable of Acts and Regulations Committee’s Alert Digest common-sense sentences to be applied to the offender No. 11 of 2011, which was tabled in this house on and to the offence itself. Tuesday, 11 October. There are some rather interesting dates and figures there. I draw the house’s attention to What will the community correction order (CCO) page 13 of Alert Digest No. 11 where the committee deliver through its singular and flexible system? That is states that it has decided to write to the minister and answered in part in the second-reading speech. The seek further advice on why this bill has a delayed CCO will allow courts to impose core conditions and commencement date. Under the delegation of optional conditions, including curfews and no-go zones, legislative power we are usually looking at a one-year which I will talk about a little bit later in my rule. This goes beyond that, and SARC highlights in its contribution. There will be new sanctions for report that: non-compliance, which I will also refer to later on. In addition the courts will be given an expanded power to Where delayed commencement is considered necessary or suspend or cancel the drivers licence of an offender or desirable SARC would prefer some explanation to be provided in either the explanatory memorandum or the to disqualify an offender found guilty of any offence. second-reading speech. That was mentioned by the member for Sandringham in his contribution. That might be something the Department of Justice officials who are listening to this debate might like to Community-based sentencing is an important part of address. I am sure they really do not want to put the the judicial system. Some offences may not necessarily Attorney-General in a position where he has to answer incur a term of imprisonment. It is therefore vital that to SARC and to this Parliament as to why there is such we have a flexible and practical approach. That is a delay in the commencement of this legislation. It is a imperative where community-based sentencing applies. matter that is rather unfortunate, and as I said, it is good It is also important that there be public confidence in that there are people from the department here in the the system. Others on this side of the house have house to directly report back to those who draft spoken about ensuring that there is public confidence in legislation that they should give a lot more attention to law and order and in the judicial system. That is of SARC’s practice note no. 1 of 2005. It is a document paramount importance. that has been around for six years, and 99 per cent of those who sign off on briefs in the Department of At this point in time I will digress a bit to say that in the Justice have been around for six years or longer. This is last 12 months or so I conducted a community survey not new, and the issue should have been addressed in across the Morwell electorate and received very strong the second-reading speech or, using the other option, in feedback that people want law and order in this state to the explanatory memorandum. SARC looks forward to be enhanced. That is something that this government receiving a reply from the Attorney-General on this took to the election. The coalition went to the election matter. with those principles, and I believe that was a strong reason for our election to government. Mr NORTHE (Morwell) — It gives me pleasure to rise this evening to support the Sentencing Amendment The coalition government has put in place and (Community Correction Reform) Bill 2011. This bill committed to a broad range of law and order initiatives. essentially does three key things: firstly, it amends the It has committed to 1700 additional police right across Sentencing Act 1991, seeking to simplify the Victoria and 940 protective services officers based in sentencing hierarchy by abolishing the metropolitan and major regional centres across the community-based order, the intensive correction order, state. We have increased penalties for offences such as the combined custody and treatment order and the alcohol-fuelled violence and other alcohol-related intensive correction management order, which has yet crimes. In his contribution the member for Ferntree to commence; secondly, it creates a single community Gully made reference to the abolition of suspended correction order, which I will refer to as a CCO, to sit in sentences for serious crimes, the abolition of home the sentencing hierarchy between imprisonment and a detention and minimum sentences ultimately being fine and which has a broad range of optional applied for acts of gross violence. conditions; and thirdly, it creates new offences to deal with any contraventions of CCOs or existing orders.
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These are important measures. At the same time, they it is a good option and again gets back to the issue of are not meant to be strong measures directed providing flexibility for these orders. exclusively against the offenders. The government is making sure we have a good balance by ensuring that The bill will give courts new powers to suspend or those who perpetrate crimes are also provided with cancel a drivers licence or disqualify a person from adequate supports. That is why this government has obtaining a drivers licence or from driving in Victoria made the very strong commitment of having a Minister for any offence and for any period. The member for for Crime Prevention. There have been some strong Sandringham raised in his contribution the example of a funding announcements and commitments in the area road rage attack which resulted in a brawl. In that case of crime prevention since we came to government as there would be the flexibility to allow that person’s well. licence to be suspended or cancelled for a period of time. The MyViews website, which is seeking feedback from the community with respect to sentencing in this state, In the short time remaining to me I want to touch on the has received some 18 000 submissions, which gives fact that many aspects of the amendments we have some sense of the feelings and sentiments in Victoria before us were supported by the Sentencing Advisory with respect to law and order. Council in its 2008 final report on suspended sentences. Some of its recommendations have certainly been As we know, there are approximately 5500 persons accommodated in the legislation before us tonight. who are currently on a range of different orders, whether they be intensive correction orders (ICOs), As I said, one of the key purposes of the legislation combined custody and treatment orders (CCTOs) or before us is to make sure that governance and community-based orders. What we will see now is a enforcement are adhered to. There is an expectation transition of those across to other community correction from the community that someone who is the subject of orders. As I asked before, why the change in what we a CCO should abide by that particular CCO, and this are doing? One reason is to allow the judicial system legislation puts some stronger powers and measures in some flexibility. There is no better example of the need place. In summary, the bill is a great step in the right for that than the current regime, in which two years is direction. I commend the bill to the house. the maximum period that a community-based sentence can be imposed for. For the more serious orders, such Mr PERERA (Cranbourne) — I rise to speak on the as the CCTOs and the ICOs, the maximum is one year. Sentencing Amendment (Community Correction The amendments we have before us this evening will Reform) Bill 2011. Tough-on-crime rhetoric was a very allow the courts to tailor the length of an order rather big part of this government’s election platform, with than it being limited to a fixed period. I believe that strong commitments to be really tough. Speaker after provides a very flexible and common-sense approach. speaker on the government side has proudly mentioned the 940 protective services officers (PSOs) to be placed Some of the reforms we have before us tonight are at regional and metropolitan stations. It looks like some outlined in a number of different conditions that would metropolitan stations, like Hallam, will not get PSOs apply under a CCO. I will run through a couple of because they do not have toilets. It is hard to have PSOs them. What the bill states is that at least one option or where there are no toilets, so those stations will not get condition must be contained in the order. Optional PSOs, and neither will the stations get toilets. However, conditions include things such as unpaid community the Minister for Crime Prevention has shamelessly work of up to 600 hours; curfews of up to 12 hours per repeated that the government’s new approach may not day for up to 6 months duration; place or area reduce crime rates for 20 years. That is a long time. The exclusions under which an offender may be ordered not government’s budget shows that the government to enter or remain in a specified place or area; and expects rates of reoffending to rise over the forward non-association conditions that ban association or estimates period. contact with any specified person or class of person. There are a range of other optional conditions that may Despite all these failures from the government, the apply, but time precludes me from going through them opposition accepts that the coalition went to the election all. with a policy to replace the existing types of community-based sentences (CBSs) with a single order. In addition to this, senior officers of Corrections Therefore the opposition accepts that the government Victoria will be given new powers to issue on-the-spot has a right to implement this policy, and Labor will not fines. I know this is something that opposition members be opposing the bill. have raised some concerns about; however, we believe
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The bill is largely an exercise in window-dressing, come to terms with the separation of powers in a rebadging a number of the existing powers available to democratic system of government. courts and rolling them into a single order. It must have been really hard work for the minister. The Law Institute of Victoria is concerned about the Community-based orders (CBOs) are not a new proposal to allow the court to suspend, cancel or invention that the Baillieu government can take credit disqualify a drivers licence or learners permit for; CBOs have evolved over a number of years subsequent to a conviction or finding of guilt for any through the Kennett, Bracks and Brumby governments. offence. Such suspension, cancellation or Today there are community-based orders, intensive disqualification is likely to be a disproportionate corrections orders and combined custody and treatment response to all but the most serious types of offending. orders. Along with home detention and suspended The cancellation of such a licence can have a profound sentences, these orders have given judges a full suite of and disproportionate effect not just on the offender but penalties between fines at the lower end and also on the offender’s family. The loss of a licence can imprisonment at the higher end. This legislation place an offender’s employment in jeopardy and place effectively codifies many of the penalties available to an undue burden on other family members to take up judges under the current regime. those duties that require transport — the weekly shopping, taking children to school et cetera. This type The bill has the effect of giving back to judges some of of punitive action could drive offenders to commit the options that have been stripped from them with more crimes, given that these actions take away their much fanfare in recent months. Just like suspended opportunities to work and lead decent and normal lives. sentences, there is less to this bill than meets the eye. If a judge decides that the appropriate punishment resides Many of the powers provided to judges as part of this between a fine and imprisonment, the judge can make a reform are already available to them as general reserve community correction order (CCO) and attach one or powers, so it is just a repackaging of the many existing more optional conditions, including up to 600 hours of options available to judges. By broadening the community work; curfews of up to 12 hours per day circumstances in which a judge can impose a CBS, the and no-go zones; conditions on where an offender may new CCO will almost certainly be applied to many live; restrictions on contact with specified persons; offences for which suspended sentences previously driving licence suspension, restriction or cancellation; applied. In other words, the abolition of suspended impounding of vehicles; restrictions on access to sentences will not lead to ‘jail means jail’, as the licensed premises; and GPS (global positioning system) coalition has implied. Instead these offenders will get a monitoring. The bill broadens the scope of these types CCO. They will still be out in the community but at far of orders. Previously community-based sentences could greater cost to the taxpayer. This is a blatant reversal of last no more than two years, limiting the types of the vacuous rhetoric of jail means jail. offences they could be applied to. A new CCO can be applied to any offence that attracts a penalty of The government has not provided any detail as to what 5 penalty units or more and can last as long as the additional resources will be required to support a large maximum term of imprisonment for the offence. increase in the number of offenders on CCOs. However, as with the government’s other reforms, it The bill grants Department of Justice bureaucrats the will undoubtedly mean that an ever-increasing share of power to extend the sanctions imposed by the courts in the state budget is being spent on corrections, on the respect of curfews and community work. The court system and inevitably on services such as legal opposition is concerned about a principle that sees aid, and it will be in circumstances in which the either the Secretary of the Department of Justice or her government cannot or will not reveal what the dividend delegate being able to increase a sanction imposed by a for the community will be. Will the crime rate fall? court, such as a curfew or unpaid community work. The Will rates of reoffending fall? Will we be safer? The Law Institute of Victoria has expressed serious minister has already conceded that crime rates will not concerns about these initiatives. What obligation does be reduced by this approach. the official have to advise the person that they have a right to challenge in court any curfew increase, The bill effectively reinstates home detention as an community work increase or fine? The Secretary of the option, just weeks after the government abolished it. Department of Justice is a public servant and a member The 12-hour curfew looks suspiciously like home of the executive arm of government, and the extension detention with work release. I am sure that very soon of these judicial powers to the secretary is a clear the government will bring back in-home detention erosion of the principle of the separation of powers. rebadged as something else. As mentioned earlier, the This is a clear display of the government’s inability to opposition will not oppose the bill.
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Mrs VICTORIA (Bayswater) — It is with great Each order will also have another optional condition delight that I speak on the Sentencing Amendment added in, and I will give the house examples of some of (Community Correction Reform) Bill 2011. This is the them. One may be unpaid community work of up to next stage of the Baillieu government getting tough on 600 hours, which is a substantial amount of working sentencing and the next stage of our reform program. It time. It may be that they will have curfews of up to is a follow-up to the abolition of home detention and 12 hours every day of the week for up to six months. suspended sentences. In this case the government has Offenders might also have non-association conditions sought to implement a range of sentencing options. attached to their order which might mean they will be banned from having contact with a person or a I have heard other speakers, especially those in the particular class of person or perhaps they will be opposition, saying that we have not stuck with our banned from entering a particular place. There might mantra, as I think somebody called it, which is ‘jail also be bans on their entering licensed premises. Each means jail’. The most serious offenders who warrant a of these conditions will be totally in line with the custodial sentence will still receive a custodial sentence. offence that has been committed. So whatever the There is no option on that anymore — those who reason they have come to the court, the optional extras should be incarcerated will be incarcerated. However, will be imposed according to the crime they have we all know that for those who commit less serious committed. offences jail may not be the best place to be reformed or to do some sort of reparation work. There will also be an option for rehabilitation and treatment conditions, and I think this is very sensible. This bill covers lots of different areas, and I am going The last thing we want is to have people who are to touch on a few of them tonight. One of the addicted to substances being able to go through the amendments introduced in the bill provides the courts court system and in some circumstances go to jail or with new powers to suspend or cancel a drivers licence have a CCO imposed on them but not receive any and also to disqualify persons from driving for any treatment or help and then go back out through that offence over any period. That is a completely new revolving door. This will give the courts the option of option open to the courts. There are two stages to the being able to say, ‘You need to have some sort of reform process. I will talk about some of the other rehabilitation’. It might be alcohol or drug treatment, amendments in a moment, but some of them are just but it might also be treatment for mental health issues. reiterations. We know that people with mental health issues are overrepresented in our criminal justice system. It might The first stage of the reform will happen next year, be that there are rehabilitation programs to deal with early in 2012, and the second stage will come in around violence or any of those sorts of issues. For each CCO midyear. The second stage will introduce community there will be an optional condition added on. correction orders (CCOs), which will include such things as bond conditions; new powers to suspend, There are new offences for contravention of a CCO, disqualify or cancel drivers licences; and also new and these will certainly be upheld in the court system. If powers for Corrections Victoria. It is very important someone fails to comply with the conditions of a that the courts have those powers in order for them to CCO — again going back to the treatment options or implement the new laws. the non-contact options — or if they have an existing order in place and do something to contravene that The new community correction order will replace a order, they will be committing an offence. The series of other options that have been available in the maximum penalty will be up to 30 penalty units, which past and will make the process much easier and more at this point in time, is just over $3600. They could also streamlined. It will replace the intensive correction receive three months imprisonment or, for more serious order, the combined custody and treatment order, the offences, they may be subject to both. A panel will be community-based order and also the intensive established to set out how the sanction powers are to be correction management order, which has not actually exercised. That will not be up to the magistrate; it will commenced yet. There will be standard terms in every be up to a panel to decide all of that. order, providing for conditions including that the person must not reoffend whilst they are serving an order, that Unlike the sentences that have been in place in the past, they must not leave Victoria without first getting these are not intended to replace a prison sentence. permission and that they will need to report to a Again, as we have always said, jail means jail, and we community corrections officer. will not shy away from that. If you have committed a serious offence, you will go to jail. It is designed to impose tough conditions upon an offender. It is not an
SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4849 easy situation, and those who deserve it will attract somewhat confused. We have heard a lot of talk about prison time, but there are those for whom a court can the government’s tough-on-crime approach, so I was deem, in the fullness of time following an explanation expecting to see the Rocky Marciano of bills here. I through a trial, that a custodial sentence is highly was expecting to see the Rocky Marciano of retribution inappropriate. We are giving the courts lots of options, in terms of a piece of legislative implementation. but for those who need jail, it will still mean jail. It will also ensure our prison cells are reserved for the most Mr Wynne interjected. serious of offenders in our society and that there will be room for those who need to be given a custodial Mr PALLAS — The retributive urge, that is it. I sentence. was expecting to see the tooth and claw of the retributive urge. Instead what I saw was the Pee-wee I want to look at some of the non-custodial statistics Herman of sell-outs. The sum of the parts is nothing released by the Australian Bureau of Statistics in June more than the whole reconstituted, and that is exactly 2011. There were 8928 offenders serving what this legislation seeks to do. We have sat back and community-based orders in Victoria. At the same time heard from this government time and again about its Queensland had almost double that number at just over great desire to lead by example in terms of its 15 000 people on community-based orders and New tough-on-crime approach. On this side of the table we South Wales had over 16 000. The Victorian figure have a different approach that is somewhat summed up equates to approximately 205 people per 105 000, by the words of the former Prime Minister of the which is the lowest per capita figure in any part of our United Kingdom, Tony Blair: tough on crime and country. Only 26 of these people were on what was tough on the causes of crime. That is about a societal known as a restricted movement program, more approach to the way we address the fundamental commonly known as home detention. About 26 per problems in our community. cent of total sentences imposed were community service orders or reparatory orders and fines and, with Imagine, if you would, that we are in a situation where, the exception of the Australian Capital Territory, in a piece of legislation, we have simply rebadged a Victoria has the lowest number of persons per capita range of sentencing orders that are available to the serving full-time custodial sentences. courts at the moment and that we say, effectively, that that is a substantive change to the way sentencing The other states have a variety of sentencing options orders will be dealt with. It is almost as though if we available to their courts. In New South Wales they can badge it appropriately, it will be seen as a range from fines to good behaviour bonds to substantive improvement in the way the courts operate, non-association orders, which are similar to the ones we but perhaps more importantly in the way that we deal are bringing in, to home detention. In Queensland they with offenders before the courts. Our view — a view I classify crimes as being of a low, intermediate or high think should be reflected more generally — is that level. They have things like banning notices and terminology is not a substantive means by which we non-contact notices, but they do not use restricted can address the underlying causes of crime in our movement orders. In South Australia they have home community or, indeed, a substantive reason for us to detention, which is certainly one of their most common seek to console the community that we have a strategy ways of doing things, but they also make use of aimed at reducing recidivism. community service orders a whole lot more than we do in Victoria. As many speakers on this side of the chamber have said, this government has nothing more than a This is a continuation of the very strong leadership that window-dressing approach towards the way the the Baillieu government is showing in the reformation proposed legislation will operate. It is a rebadging of a of our sentencing laws and the way we deal with those number of existing powers that are already available to who need not just a custodial sentence but perhaps the courts, and it rolls them into a single order, as if the something more appropriate to their circumstances. I sum of the whole was better than the parts. A range of wish this bill a very speedy passage through the house. sentencing options were developed in the Kennett, Bracks and Brumby years, whether they were Mr PALLAS (Tarneit) — I rise to speak on the community-based orders, intensive correction orders or Sentencing Amendment (Community Correction community custody and treatment orders. It is as if by Reform) Bill 2011, and I must admit that I rise with simply rebadging them as ‘really-tough-on-crime some degree of discombobulation about this bill. I am orders’ the government will substantively change the discombobulated because, whilst Labor is not opposing way in which the courts address the responsibilities this bill, I am pained to say that we in opposition are they are most appropriately charged with.
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4850 ASSEMBLY Tuesday, 25 October 2011
Looking at the way this bill will operate, what we Of course it is a flawed philosophical position, but if the increasingly see from this government is nothing more government actually believes it, it should incorporate it than sleight of hand. As I said, many of the powers in legislation. Why has it not? We know exactly why provided to judges as part of this reform are already the government has not done so. Apart from it being part and parcel of a general range of reserve powers fundamentally flawed, everybody in justice would have available to the courts. It is a demonstration that been telling the government that it has to allow for a window-dressing means that nothing much must broad range of sentencing options in recognition of the change. As the member for Bayswater said, when jail fact that courts have to apply the circumstances to the means jail it means jail means jail, except when it does sentencing options — — not mean jail, in effect. That has always been the case. The judiciary must have the capacity to assess the Mr Wynne — Judicial oversight. circumstances and the wellbeing of not only the community but the offender so it can look towards a Mr PALLAS — Judicial oversight. But more than process by which rehabilitation constitutes the basis that, you can imagine the consternation on the faces of under which offenders can become productive Treasury officials when the tough-on-crime, members of the community in the long term. jail-means-jail approach first came across their desks. It was a battle of wits between those Muhammad Ali By broadening the circumstances in which a judge can advocates for taking the tough-on-crime approach and impose community-based orders and new community those who look after the budgetary position. correction orders, they will almost certainly be applied to many offences to which suspended sentences were Mr Wynne — The black arts. previously applied. This bill all but reinstates home Mr PALLAS — The black arts of budget balancing. detention as an option, just weeks after the government Guess who won? The bureaucrats won yet again. I do effectively abolished it. There are 12-hour curfew not believe they won on the basis of advocating for an options, and there is also the capacity to provide for appropriate justice regime; they won on the basis that work release. It looks suspiciously like home detention nobody in their right mind who is serious about with work release. You can imagine how this rehabilitating people in the community and about tough-on-crime approach has now morphed into a new, making sure they do not exacerbate the crime problem single order with a whiz-bang new name, and you can simply by not giving people hope that the courts will understand exactly why that is because in the undertake a just consideration of their circumstances sentencing the government has put in place the large would go down the path of jail means jail. They would print giveth and the small print taketh away. It is spin, recognise that going down that path would ultimately window-dressing and a sop to a constituency that has do a disservice not only to the offender but also to the been treated with contempt in the way this government community as a whole. On that basis, whilst I am has lived up to its flawed rhetoric on law and order and discombobulated by this underwhelming bill, Labor a tough-on-crime approach. will not be opposing it.
This bill is also a demonstration of the failure of this Mrs FYFFE (Evelyn) — I am pleased to rise to government. As the opposition understands it, there are speak on the Sentencing Amendment (Community no crime reduction figures in the budget, despite the Correction Reform) Bill 2011. The significance of this recognition that for eight consecutive years there has bill cannot be ignored. Its effective and strong new been a decline in recidivism; yet the budget papers powers will make community-based sentences real admit that recidivism will increase. This proposed sentences. It replaces the current range of community legislation is testament to a government that will protect sentences by a single, flexible community correction its own failure. If we want evidence, we can just go to order. Courts will be able to impose optional the budget papers. As James Russell Lowell once said, conditions. There will be new sanctions for those who ‘Not failure, but low aim, is crime’. If we want to see choose not to comply with their sentence. This the greatest crime, it is the fact that this government legislation adds to the other legislation that has been consistently shoots below the mark of appropriate brought into this house towards fulfilling the coalition’s policy. It goes through the process of pandering to a election commitments on law and order. constituency without any demonstrable or substantive means by which it can ensure that its rhetoric is backed Jail is a serious punishment. Community-based up by a legislative regime that incorporates part and sentencing is also a punishment, and offenders need to parcel its philosophical position. understand this. Community correction orders allow offenders to stay in their community, carry on with their
SENTENCING AMENDMENT (COMMUNITY CORRECTION REFORM) BILL 2011
Tuesday, 25 October 2011 ASSEMBLY 4851 employment, live with their families and stay in touch The treatment and rehabilitation condition (TRC) will with their friends. Community correction orders are the include at least one of the following: assessment and only sentencing options between imprisonment and treatment, including testing, for drug abuse or fines. Over the last few years we have seen a slackening dependency; assessment and treatment, including off regarding the conditions imposed under community testing, for alcohol abuse or dependency; assessment correction orders and a reduction in their effectiveness. and treatment at a residential facility for withdrawal The work undertaken under community correction from or rehabilitation for alcohol or drug abuse or orders must be real work. It must be supervised at a dependency; and medical assessment and treatment, good standard and the hours sentenced must be served. including, but not limited to, general or specialist The standard conditions of every order will state that medical treatment, or treatment in a hospital or the offender must not reoffend and must not leave residential facility. Very importantly, one of the things Victoria without permission. There is a range of eight in the TRC list could be mental health assessment and optional conditions, at least one of which must be treatment, including, but not limited to, treatment in contained in the order. Community correction orders such areas as mental health, psychological, made by a Magistrates Court can last up to two years. neuropsychological or psychiatric conditions, or treatment in a hospital or residential facility. In the time I have left to me I will highlight the alcohol exclusion condition. As all of us know, alcohol is Another condition could be programs aimed at associated with many crimes. Many crimes are addressing factors relating to the offending, which committed under the influence of alcohol or in an would be the various things that may have caused the attempt to obtain alcohol — even more than in an person to offend or be deemed to be one of the reasons attempt to obtain drugs. In the Yarra Ranges we have a that the person has offended. Another in the TRC list is lot of alcohol-related crime, whether it is domestic any other treatment and rehabilitation that the court violence, breaking and entering or simple assaults considers necessary or desirable including, but not against vehicles or persons. The Mail newspaper group limited to, employment or educational, cultural and should be commended on the stand it is taking on personal development programs consistent with the domestic violence through two of my local newspapers. purpose of this condition. I know it will be interested in this sentencing legislation. That last one is really important, because sadly there are still quite a few people in our society who are illiterate. Under the alcohol exclusion condition the offender may This lack of ability to read, write and converse can be barred from knowingly entering, remaining in or make them feel that they are on the outside, and often consuming alcohol in a licensed premises. Offenders they react with behaviour that does not fit into the will be banned from entering some licensed premises normal socially appropriate forms. They can end up in completely, such as nightclubs, bars, restaurants, cafes court and be sentenced. This type of variation to and function centres. Offenders will also be completely correctional sentencing is important if a person can be banned from attending major events or festivals that are given help with their education. We have people who licensed. Offenders may be permitted to enter other have moved 15 times during their primary school years types of licensed premises, such as public buildings, and others who have been with one foster family after theatres and sporting venues, provided they do not enter another. the bar area and do not consume alcohol on any part of the premises. We also have children whose parents have not valued education and have kept them away from school. When The court may specify that the exclusion applies all day they reach their teen years they tend to mix with or at particular times during the day. The court may like-minded people and drift into petty crime and then also specify a licensed premises that is excluded from more serious crime. They may start with graffitiing and the ban. This may, for example, permit the offender to continue on to smashing and robbing. They need to be attend his or her workplace or a family function. The given the opportunities to break away from that pattern. court will decide whether to impose those conditions. So when magistrates are considering sentencing, it is They are flexible and can be applied in many different very important that they include educational, cultural ways. Alcoholism is a disease or illness and something and personal development programs. I support the bill that we have to support the courts on. By those and recommend its speedy passage through the house. restrictions being applied, an offender is being told that if they break the conditions, they will receive a further Mr SCOTT (Preston) — Given the time, I will sentence, so hopefully they will try to comply. make a very brief contribution to the debate on the Sentencing Amendment (Community Correction
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4852 ASSEMBLY Tuesday, 25 October 2011
Reform) Bill 2011. As has been stated by other improve the safety there and would assist people in speakers on this side, Labor will not oppose the bill. I crossing the road. noted in the earlier contributions reference to the reformation of sentencing law. I was unaware that As I said, budgets of recent years have allocated when Martin Luther was hammering his protests onto $40 million, but there has been no allocation in this the door of the Castle Church in Wittenberg he was budget. That reflects pretty much the situation with the making reference to the Sentencing Amendment Cranbourne tip pledge. This week I noticed in the (Community Correction Reform) Bill 2011. I thought Casey Weekly — Cranbourne a report of a member for his protests were about indulgences. I was unaware that South Eastern Metropolitan Region saying she was the previous Labor government had been issuing embarrassed by the tip pledge. That has still not been indulgences for sins with the Fugger brothers sitting delivered on, and I think the cost was $24 million. It is there to collect their dues from the payment for the obviously a concern. We are not only not getting a lot indulgences — but I digress. of money for roads but the commitments which were made to the community in November 2010 in relation Labor will not be opposing the bill. The bill brings to these important local infrastructure works in the city community-based orders into a single framework, of Casey are not being met. I think various promises including conditions such as 600 hours of community were also made by the Liberal candidate for work and curfews up to 12 hours a day. Cranbourne, Geoff Ablett, in relation to roads and the like. Debate adjourned on motion of Mr NEWTON-BROWN (Prahran). A lot of these promises have not been met. These are important issues for our local community. The large Debate adjourned until later this day. intersection of Narre Warren North and Belgrave-Hallam roads is heavily used. Remaining business postponed on motion of Belgrave-Hallam Road links through to Wellington Mr McINTOSH (Minister for Corrections). Road, which is a back road used for travel between Belgrave and similar areas. It is quite dangerous. ADJOURNMENT Unfortunately a person was killed there in the last two months. Funding is required for substantial The SPEAKER — Order! The question is: improvements to the intersection.
That the house now adjourns. Timber industry: government policy
Belgrave-Hallam–Narre Warren North roads, Mr BLACKWOOD (Narracan) — I wish to raise a Narre Warren North: safety matter for the attention of the Minister for Agriculture and Food Security. The action I seek is for the minister Mr DONNELLAN (Narre Warren North) — My to schedule in his diary a visit to an operating logging adjournment matter tonight is for the Minister for coupe in the Noojee area in my electorate of Narracan Roads. The action I seek is the provision of funding to early in 2012. I am very keen for the minister to see improve and upgrade the safety of the intersection of firsthand the professionalism of the logging crew, the Belgrave-Hallam and Narre Warren North roads, Narre significant investment in plant and equipment, and the Warren North. This is a seriously dangerous controls and prescriptions that have to be adhered to intersection. Recently I sent out 2500 petitions, of while harvesting. The minister will have an opportunity which I received 338 back, which is a pretty good to see the enormous attention to detail provided to return. There is a serious issue of road funding across ensure the safety of the logging crew, VicForests staff the board in the city of Casey. Over the last 10 years an and visitors to the coupe. He will also gain an average of about $40 million has been spent each year, understanding at the coalface of the sensitivity that is but in the last budget there was no allocation for local applied to retaining trees for habitat, seed tree retention road upgrades. This issue is of serious concern to local and stream-side buffers. residents. The installation of a roundabout or traffic lights is definitely needed. I have suggested things like On his visit the minister will also gain an insight into a roundabout because I was looking at the most the action that is taken to protect water and soil quality reasonable way of dealing with the dangerous during and after harvesting and the importance of the intersection. It has been slated for duplication in future collection of seed from the trees that are being years — and I mean some way off — but at this stage harvested to be used in the regeneration of the site at the something like a roundabout would substantially completion of harvesting. I am very confident that once
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Tuesday, 25 October 2011 ASSEMBLY 4853 the minister gains a better understanding of the way young people, who for a number of reasons cannot live timber harvesting is performed with modern and very at home. I supported the request of local residents to expensive equipment that provides a very high level of extend supervision hours to 24 hours a day, seven days safety for the logging crew, machinery that facilitates a week. adherence to the strict prescriptions dictated by the code of practice for timber production, which demands a The project proceeded, and local young people have very high level of environmental compliance, he will be lived at the units on Bellevue Drive without incident for suitably impressed and the confidence he has in the almost two years. Indeed residents had not reported any native forest industry will be more than justified. incidents to me until recently. However, there has been an unfortunate incident of a stabbing on Bellevue Drive Prior to the 2010 election the coalition adopted a policy in which one of the young residents was implicated. of ensuring that the native forest timber industry was Advice I received from WAYSS indicates that the provided with a long-term, sustainable and viable youth concerned had been living at the units for eight future. This policy was adopted in part because it was months without incident but had intervened in an seen as far more responsible to harvest our own altercation between two other people. The youth home-grown timber on a sustainable basis than replace suffered a minor injury, which was treated locally. our locally produced product with timber from a Third World country that has no forest management practices I acknowledge that residents have genuine concerns or, worse still, import timber harvested and processed and are deeply worried about what happened and what illegally. At the present time it is estimated that over may happen next, and I certainly sympathise with them. $400 million worth of timber harvested illegally Local residents have told me, and the local newspapers overseas is imported into Australia each year. Surely it have indicated, that they would like the facility is far more responsible for Victoria to continue to relocated. I also note that supervision for 24 hours a harvest timber on a sustainable basis from only 10 per day, seven days a week ceased around 10 months ago. I cent of our public native forest estate. Surely it is more am of the opinion that the young residents of this responsible for governments to support an industry that facility should be supervised 24 hours a day, seven days provides local jobs in rural communities, supports a week. Currently there is only 24-hour supervision regional economies by creating a need for service between Friday and Sunday. industries to the timber industry and provides a renewable, home-grown and processed product that is I fully understand why an incident like this would in huge demand locally, interstate and overseas. exacerbate concerns that local residents already hold. However, if the young people are going to stay at the The confidence of the native forest industry has grown current site in Berwick — the Baillieu government has enormously with the election of the coalition so far shown no inclination to relocate the facility — government and its rock-solid commitment to that then we need this issue resolved as fairly as possible for industry. A visit to the coalface, so to speak, of the both the local residents and the young people living in industry will significantly add to that confidence, and the units. We need to meet the needs of young people in once the minister has delivered on the changes needed the care of WAYSS but also ensure that there is as little to get the industry back on a long-term, viable and impact as possible on the amenity of local residents. sustainable footing, we will see this once great industry Local residents have the right to live in safety and returned to its former prominence in contributing to the peace. I strongly believe that supervision for 24 hours a Victorian economy. day, seven days a week would go a long way towards achieving this, as it has in the past, and would address Youth: Berwick housing some of the concerns of local residents. I call on the minister to act on this matter immediately. Ms GRALEY (Narre Warren South) — My adjournment matter is for the attention of the Minister Mount Waverley Secondary College: for Housing and concerns the youth accommodation ministerial visit facility in Bellevue Drive, Berwick, which is operated by WAYSS (Western Port Accommodation and Youth Mr GIDLEY (Mount Waverley) — The matter I Support Services). The action I seek is that the minister raise this evening on the adjournment is for the Minister reinstate supervision of the residents of this facility for Education. The action I seek from the minister is 24 hours a day, seven days a week. When the youth that he visit Mount Waverley Secondary College, both accommodation facility at the Berwick site was first junior and senior campuses, in the Mount Waverley proposed around two years ago local residents had electorate. We know education is important to young concerns about the limited hours of supervision of the people. We know the value that education can bring to
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4854 ASSEMBLY Tuesday, 25 October 2011 a young person’s life and that it can assist in building Melton Highway: safety their interpersonal and social skills. We know it can assist them in gaining the knowledge required to enter Mr NARDELLA (Melton) — My adjournment the workforce or undertake further study. But we know matter is for the Minister for Roads. The action I seek is education and schools cannot do it all. We know that he urgently upgrade the Melton Highway, communities have a great role to play in education. We previously called the Keilor-Melton Road, so that the know that whilst governments can provide quality tragic deaths and injuries on this road will be infrastructure, it is communities, teachers, students and eliminated. There have been 280 accidents on the families that are in many ways the key components. We Melton Highway since 1987. There have been also know the importance of a competitive education 13 fatalities on it since that time, including 5 fatalities in system. the last 12 months. This is a tragic cost to the people — the families and friends — who have been touched by I am pleased to say that the Liberal-Nationals coalition these awful events. The ongoing rehabilitation for government has put all these things together in the people is heartbreaking, and the Transport Accident Mount Waverley electorate. If you look at the Commission’s costs are also heartbreaking. comprehensive package we have for education in Waverley, you see that it is quite extraordinary after a The community, led by Narelle Bowden following the decade-plus of neglect by the former Labor tragic death of her nephew in December 2010, has government. It includes over $1 million to make sure organised to fix this dangerous road. Narelle has set up that both Mount Waverley Primary School and Mount a Facebook site, the ‘Campaign to duplicate the Melton Waverley North Primary School can be rebuilt; Highway’ page, which over 610 people have joined. $4.5 million to ensure that Pinewood Primary School The community, through Narelle, has collected the can have a full refurbishment undertaken; and signatures of over 2000 petitioners on this matter as $7 million to ensure that building at Essex Heights well. I would be happy to provide the minister with a Primary School, which would not have been able to be copy of that petition if he wishes — I have it here. progressed with the black hole left by Labor, has now been funded. Importantly the government has also Andrew Jefferson and Liam McAleer of the Melton committed to funding independent schools to 25 per Leader and the Moorabool Leader are supporting the cent of the average cost of educating students in campaign and have also highlighted the dangerous Victorian government schools. This means we will nature of this road. Under the previous Labor have a competitive education system, with government government the road was duplicated to Beattys Road, and independent schools supporting communities with Hillside, a large roundabout was built at Plumpton good-quality infrastructure. Road and the speed limit was reduced between the Galli Estate Winery and Ryans Lane. This work needs Mount Waverley Secondary College is an important to continue, especially at the dip at Kororoit Creek. The part of that, and I am pleased to say that the police, through Inspector Fiorentino, have said that the Liberal-Nationals coalition government is looking to road is one of their ‘highest road safety priorities’. open that school shortly as a result of the hard work of Melton Shire Council mayor, Cr Justin Mammarella, the Minister for Education and the school community. has said he ‘wholeheartedly supports’ the campaign to However, there are challenges because, like so many duplicate the road. The community group would like to projects, there was no foresight by the previous Labor meet with the minister via a delegation to him, and this government. Part of the secondary college will be request will be received by the minister shortly in a rebuilt for one particular learning format and the other letter I have sent to him. part for a different learning format. The teaching methods used for students in the junior campus will not With Melton having the highest population growth in be able to be replicated in the senior campus. Australia, I seek on behalf of my community urgent action to duplicate the Melton Highway, with the It is my great hope that when the minister visits Mount Kororoit Creek dip being the first stage of this upgrade Waverley Secondary College he will not only be able to via the redesign and construction of the road. The open the new junior campus but will also be able to see Kororoit Creek dip is the most dangerous section of the the importance of ensuring that the senior campus is highway and needs a bridge built over it. The redeveloped. I hope he will ensure that the years of duplication could be extended from Ryans Lane over neglect and lack of foresight of the previous Labor Kororoit Creek and onto the other side as the next stage government are not repeated by the Liberal-Nationals of the duplication and upgrade. coalition.
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The community is really concerned about what is informed that there is a considerable risk to newborns, occurring on this road. The personal tragedy, heartbreak as they cannot be vaccinated against the disease for a and hell that people are going through are real. I read little while after birth, thus they are vulnerable to out a number of statistics about this road just now, but infection. I am also informed that a child died from the those statistics represent real people. I know the disease in New South Wales in the last year. I strongly minister will listen to the voices of the people and urge parents, grandparents and other family members community I represent in Melton, and I implore him to who are visiting newborns to ensure that they are take urgent action on this road. vaccinated. The cost of vaccination is quite small compared to the risk to an unvaccinated newborn. Whooping cough: vaccination I believe we need a strong campaign to make people Mr CRISP (Mildura) — The matter I raise is for the aware of this disease, the need to get treatment if they attention of the Minister for Health. I ask the minister to suspect they have the disease and for the population to outline what actions he is taking in response to the update their vaccinations. I request that the minister growing incidence of pertussis, better known as work to raise awareness in the community of the threat whooping cough. I have been contacted by Dr Gerald that this disease poses to both newborns and the Murphy, who is a general practitioner in Mildura and a productivity of the workforce. Perhaps we have here yet local public health officer, who expressed concern over another example of an old disease that we had almost the increasing incidence of whooping cough in the said goodbye to rearing its ugly head. Mildura area and the risk this poses to infants. Canterbury Road Urban Forest: future Issue 2 of volume 4 of the Victorian Infectious Diseases Bulletin of June 2011 states: Mr FOLEY (Albert Park) — The matter I raise is for the urgent attention of the Minister for Public A total of 2918 confirmed and probable cases of pertussis Transport. The action I seek is that the minister were notified to the department in the first quarter of 2011, a 60 per cent increase on the 1158 cases notified in the same immediately undertake to direct his agency VicTrack to quarter of 2010 … Notification rates amongst infants were transfer land it owns on behalf of the Crown, known as again higher in the first quarter of 2011 with a total of the Canterbury Road Urban Forest, to the City of Port 59 cases in zero to six-month-olds, compared with 36 cases Phillip as public reserve. There are a number of ways for the same period in 2010, and 35 cases for the same period in 2009. No outbreaks were reported in the quarter. One death that the minister might seek to do this: either through a due to pertussis occurred in a two-week-old infant; this was freehold title method by designating the area as the first death in an infant attributed to pertussis since 2004. reserved for public open space on the title plan, or by vesting the land in the City of Port Phillip. Having established that there has been a 60 per cent Alternatively, through his Crown land powers, the increase in cases of pertussis in the last 12 months I can minister might permanently reserve the land under understand Dr Murphy’s concern that we could be in section 4 of the Crown Land (Reserves) Act 1978 for the midst of the worst whooping cough outbreak for a public purposes under that act, in this case being for an very long time. Most adults think protection from urban bushland. whooping cough is included in one of the childhood vaccinations and that you are covered for life. Alternatively the land could be given committee of Dr Murphy informs me that this is not correct and that management status under section 14 of the Crown Land whooping cough requires boosters every 10 years or so. (Reserves) Act. It would be the latter option that would The whooping cough vaccination is coupled with the provide the most assurance for my local community of tetanus and diphtheria vaccines, and I encourage all Middle Park and St Kilda West, because, despite the adults in my electorate to review their vaccination protestations of government, disturbing new records to ensure that they have protection against information has come to the community’s attention whooping cough. suggesting that the minister and his agencies continue to harbour plans to sell off and develop this valuable I have been made aware of a number of adults who piece of urban forest. This is land that harbours wildlife. have had considerable time off from work in the last Some rare visiting species of birds have been sighted year due to contracting whooping cough. Dr Murphy there from time to time, and there is a range of native indicates to me that he is signing two or three disease flora that the community has planted, tended and notifications each week to the Department of Health safeguarded for over 30 years. After initial denials that and that this is causing him considerable concern. We the government was planning to rezone and develop the are faced with a difficult task of what to do about the land the community was temporarily reassured. In July spread of whooping cough in our community. I am the general manager of property at VicTrack wrote:
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… VicTrack has no intention whatsoever to rezone or Mordialloc has also embraced this decision and is develop the land as we fully appreciate its significance to the excited about the delivery of this commitment. local community. In August 2011 the minister wrote to a number of The people of Bentleigh are delighted to hear that the constituents stating that: Baillieu government is delivering on its commitment. The Minister for Public Transport is working hard to fix VicTrack has no plans to develop or rezone the land in the transport system in Victoria and is doing a question. marvellous job. The Baillieu government has been in office now for 11 months, and the Minister for Public Imagine the surprise of the community when an FOI Transport has already made an impact on the railway request showed up documents from February and June network. Improvements to reliability, punctuality and that directly contradict the minister and his agency. efficiency are just a few initiatives that we are Imagine the surprise when these same documents addressing — in fact so much so that for the last four revealed that it was the minister’s own agency, months Metro has met its targets. That is right — it has VicTrack, which commissioned these reports. In one met its targets! This is the best performance since 2008. instance the minister said: The Baillieu government is honouring its commitments The objective of the phase 1 ESA was to gain an to fix the problems and build for the future. understanding of potential for contamination, with a view to considering what restrictions this may pose on future Earlier this year the Minister for Public Transport development … informed the house that the Department of Transport had taken the first steps towards this project becoming a Later in the same document he states: reality. I call on the Minister for Public Transport to VicTrack are seeking to understand the development potential provide to the house an update on the progress of this of the site. very important project for the people of Bentleigh and the electorates neighbouring Bentleigh to ensure that Another document that came to light was the Heritage we are on track. Insight report, which was also commissioned by VicTrack. It states: Victorian certificate of applied learning: The assessment is aimed at informing VicTrack of any funding heritage issues on the property in the event of future rezoning and/or subdivision. Mr LIM (Clayton) — The matter I raise tonight is for the attention of the Minister for Education, and the It is clear that despite the minister’s protestations his action I seek is that funding for the Victorian certificate agency continues to harbour plans to subdivide this of applied learning (VCAL) for 2012 and beyond be area. restored as a matter of urgency. The withdrawal of funding for the VCAL program is part of a disturbing The DEPUTY SPEAKER — Order! The trend of the Baillieu government. My electorate of member’s time has expired. Clayton has three secondary schools within its Rail: Southland station boundaries, two government schools and one independent school, which all operate the VCAL Ms MILLER (Bentleigh) — My adjournment program. This year Westall Secondary College has matter is directed to the Minister for Public Transport, been operating the VCAL program off-site at two and the action I seek is for the minister to provide an locations. It is a successful program. In fact it is so update on the progress of our commitment to build a successful the college was intending to expand it by railway station at Southland. My election commitment also operating two classes at the main campus in 2012. to the Bentleigh electorate was to build a railway station The funding cut to this school will be $105 000, and it at Southland. The people of Bentleigh have been asking is unacceptable and intolerable. for this railway station for at least 11 years, and the I take pride in the fact that Westall Secondary College Baillieu government has listened to the people, made a is one of the few schools that offers English as a second commitment to the people and acted on behalf of the language VCAL, with many of the students coming people. Most importantly, we are delivering on this from refugee backgrounds. This year Westall commitment to the people of Bentleigh and the wider Secondary College VCAL students of Burmese descent community. The wider community from the won a major prize at the Bayside Film Festival for a neighbouring electorates of Sandringham and documentary film about their journey from Burma to the freedom of Australia. Westall’s program also
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Tuesday, 25 October 2011 ASSEMBLY 4857 achieved further success in that its 2011 local education country in one year alone. Much of this cost will be a and employment re-engagement program won a major burden on our small businesses, including local prize for being an excellent community VCAL businesses like Jax Wax in Officer. Jax Wax is a local provider, awarded by the Bayside Glen Eira Kingston employer and is already in fear of the cost of the carbon Local Learning and Employment Network. tax on its business. It understands what it is like to face tough times, and the last thing it needs is the extra cost Westall Secondary College operates in a low of adjusting to a new federal occupational health and socioeconomic environment and is doing significant safety program that will not have any benefit for its work with refugee students, new migrants and business. Why should small to medium businesses in disengaged students from its catchment area and from the state of Victoria have to wear this cost when most other local secondary colleges. It is extremely important of these businesses will gain no ongoing benefit? that these marginalised young people do not slip outside the system. In fact it will be a failure of this I regularly speak to local businesses in the electorate, government if it turns its back on these young people. including Paul Fletcher from It’s Individual, a small The funding cut means that money will need to be local hairdresser in Berwick. Mr Fletcher talks of the found from an already tight school budget, and it could daily concerns to his business. He speaks highly of his see the school operate in deficit. staff and of ensuring that safe work practices are their no. 1 priority. When we spoke of occupational health I implore the minister to take immediate action to and safety harmonisation and costs which could be felt restore funding, provide certainty to this college and to by his business, he asked, ‘Why?’. I agree — why all 400 providers and, most of all, show support to our should a small business that employs four people have most vulnerable and needy students. cost impacts so that large business has the benefits of removing red tape across state lines? Occupational health and safety: national harmonisation I call on the minister to ensure that small to medium businesses are given ample time should federal OHS Mr BATTIN (Gembrook) — The action I seek harmonisation come into effect. When we consider tonight is from the Assistant Treasurer. I ask that he changes to OHS legislation we need to review how this ensure the protection of small to medium businesses in will impact on all businesses in Victoria. We must Victoria and act on behalf of the many small businesses ensure that the benefits to business are balanced with that will be affected by the federal proposal of the cost on business. As the proposal that was due to occupational health and safety (OHS) harmonisation. I become effective on 1 January 2012 stands, there is no call on the minister to attend my electorate to discuss benefit to local small business in the Gembrook these concerns with local businesses. electorate. There is no benefit for many small businesses across the state. However, it appears the cost Three years ago the state and federal governments impact will weigh heavily on these small businesses. committed to a national framework for work safety to The large businesses that will have the most to benefit reduce the red tape that is in place for businesses that will have less impact on their costs. operate in more than one state in Australia. This framework should aim for the highest possible safety The DEPUTY SPEAKER — Order! The for workers in Victoria and Australia as well as take member’s time has expired. into consideration the cost impact on all businesses that will be required to make changes as the legislation is Responses passed. As Victoria is the leading state when it comes to work safety, with the latest Occupational Health and Mr MULDER (Minister for Public Transport) — Safety Act which came into effect in 2004, the The member for Melton raised an issue with me in Assistant Treasurer has an obligation to protect the relation to the Melton Highway. As I understand it, in workers and businesses in Victoria that may be the most recent five-year period to 30 June 2011 there affected. have been 22 run-off crashes, 3 fatalities and 11 serious injury crashes. The VicRoads statistical database shows It is a concern to many businesses in my electorate that there have been 13 fatalities and 260 injuries on the to gain an agreement we may have to go backwards to Melton shire section of the road since 1987. That was compensate for the states that are many years behind in reported in the Melton Leader on, I think, 6 October the area of occupational health and safety. The 2011. The latest fatality was on 26 September when a estimates to date have costed the changes to a national 46-year-old Melton West man died in a collision near program to be at approximately $650 million across the the Plumpton Road intersection.
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I understand there is a community road forum meeting to February, indicating that VicRoads was looking at tomorrow night at the Melton community hall. Guest site assessments, future development opportunities and speakers will include Melton highway patrol members, heritage inquiries. I am not sure whether the February Chief Magistrate and former coroner Noreen Toohey, FOI document was instigated by the former and Christine Harrison from Road Trauma Support government or how that came about, but I am more Services. They will discuss issues of concern in relation than happy to go back and have a look at what brought to this section of road. those inquiries about. I will have a further look at those FOI documents, but I can give the member assurances I can inform the member for Melton that VicRoads is that there are no plans to do anything with the urban currently developing a proposal to undertake safety forest; we accept the fact that it is very important to the improvements along the 19 kilometres of the Melton local community and to the environment of that area. Highway between Sunshine Avenue and the Western As I said, once I get some further information on those Freeway. Upgrades being investigated include minor earlier assessments and earlier work I will be more than road widening, asphalt resurfacing works in selected happy to have that conversation once again with the areas, installation of safety barriers, hazard removal, member for Albert Park. But it would appear to me that new signage and improved delineation. with the February issue there could have been some direction from the former Labor government in that The investigation of the proposed safety improvements area. is anticipated to be finalised by the end of the year before being submitted for future funding The member for Bentleigh raised an issue with me in consideration. It would appear that that investigation relation to Southland railway station. The member has work had not been carried out in the past, and at the worked tirelessly within her community to push and moment VicRoads is doing that work for my promote Southland railway station development, which department. I am more than happy to have a will be a great improvement in that area. It will provide conversation with the member for Melton as that a great public transport service for the people who want proposal is developed. When you look at the history of to access Southland shopping centre. that road there is no doubt that some improvements can be made in relation to its safety. I will have that As to where we are with Southland station, I can inform discussion with the member for Melton as soon as I get the member for Bentleigh that $700 000 has been the information back from VicRoads. provided by the coalition government in the 2011–12 budget to enable consultants GHD to be engaged to The member for Narre Warren North raised an issue prepare a concept design. I also understand from the with me in relation to the Belgrave-Hallam Road and feedback I am getting from the department that the the Narre Warren North Road. The member indicated planning and design work is going well. The coalition there is a wish within the community for duplication of government’s station user panel is also assisting the this section of road. The member indicated that in the Department of Transport in the development of these meantime perhaps traffic lights or a roundabout may proposals. Given that we had so many disasters with assist in some areas. He also indicated that there has railway station developments under the former Labor been a fatality at that location in the last two months. I government we felt it was important to put in place a will get some further information from VicRoads in station user panel. We do not want similar issues with relation to that matter and get back to the member for the projects we embark on. We therefore have a very Narre Warren North. strong panel to inform design and look at issues in relation to functionality around stations. The member for Albert Park raised an issue with me in relation to the Canterbury Road urban forest. As we The member for Bentleigh will be delighted to hear that know well, the member for Albert Park has on different Southland station is getting that level of support. The occasions in the past claimed that the current government expects formal community consultation to government was going to develop that site. The commence around March. The government will also be member is also very much aware of the fact that I have seeking input from community members about the written to people who have raised this issue with me, design of the station and will work with the station user and also VicTrack has confirmed to the council that panel, using the concept design prepared by GHD as a there are absolutely no plans to develop the Canterbury reference point. Many major stakeholders are also Road urban forest. giving feedback. I would like to thank the local councils for their interest and work in that regard. I can inform The member in his request to me indicated that he had the member for Bentleigh that the Department of FOI documents dating back to June, and one even back Transport will be having further discussions with
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Tuesday, 25 October 2011 ASSEMBLY 4859 shopping centre owners Ventana Pty Ltd, the Westfield The member for Gembrook raised a matter for the Group and AMP in relation to this very important Assistant Treasurer, seeking the Assistant Treasurer’s project. It is an exciting project which will increase the assistance to protect small and medium size businesses accessibility of Southland shopping centre and the bulk in his electorate that may be affected by proposals to goods retail stores nearby, not to mention the local light move to a national occupational health and safety industrial areas. Once again I congratulate the member harmonisation scheme. for Bentleigh on the great leadership she has shown in pursuing this project for her community. The member for Narre Warren South raised a matter for the Minister for Housing relating to youth facilities in Mr WALSH (Minister for Agriculture and Food Bellevue Drive, Berwick. I will ensure that the minister Security) — I rise to respond to the member for responds to the member about that matter. Narracan regarding his adjournment issue to me in relation to visiting a logging coupe in Noojee. I had the Finally, the member for Clayton raised a matter for the pleasure of visiting far East Gippsland with the member Minister for Education in relation to the funding of the for Narracan while in opposition in the previous Victorian certificate of applied learning. I will pass that Parliament. We took a two-day trip there to view the matter on to the minister. forest industry firsthand. Unfortunately it rained at the time, and although we could see a lot of the machinery The DEPUTY SPEAKER — Order! The house is that was used, we could not actually see it in operation, now adjourned. so it is a pleasure to be able to join the member in going House adjourned 11.39 p.m. to see an active logging coupe early in the New Year. We hope the weather is suitable to see the machinery actually working this time.
I would like to put on the record my thanks to the member for Narracan for the work he is doing as my parliamentary secretary, particularly on issues around the forest industry. I know he has a long family history in the industry. The fact is that he, like all members on this side of the house, is actually committed to having a profitable and prosperous native timber industry in Victoria, something those on the other side of the house spent 11 years trying to destroy. This is something that we are very committed to having into the future. I will enjoy joining the member for Narracan in going to see an active logging coupe, something members on the other side should also do so they actually understand what is really involved in the industry in Victoria rather than trying to tear it down and destroy the jobs that are created by it.
Mr McINTOSH (Minister for Corrections) — The member for Mount Waverley raised a matter for the Minister for Education seeking a visit to the Mount Waverley Secondary College, not only to open the new facilities but also to see the work that is being done at that school and address its concerns. I will certainly pass that on to the Minister for Education.
The member for Mildura raised a matter for the Minister for Health asking the minister to outline what action he is taking in respect of whooping cough or pertussis. I will ensure that the Minister for Health deals with that matter.
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