9 Mar 1999 Legislative Assembly 299

TUESDAY, 9 MARCH 1999 Animals Protection Act 1925, Dairy Industry Act 1993—

Primary Industries Legislation Amendment Regulation (No. 1) 1999, No. 19 Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Griffith University Act 1971— read prayers and took the chair at 9.30 a.m. Griffith University (Statutes Repeal) Statute 1999, No. 17 MEMBERS' STATIONERY ENTITLEMENTS Health Act 1937— Mr SPEAKER: Order! Honourable Health Amendment Regulation (No. 2) members, recent press reports have been 1999, No. 13 called to my attention. In these reports, a Integrated Planning Act 1997— member states his intention to flout the spirit of Integrated Planning (Zoning of Closed the stationery entitlements outlined in the Roads) Transitional Regulation 1999, Members Office Support Handbook. No. 12 I remind all honourable members that the Justices Act 1886, Traffic Act 1949— Standing Committee on Members Traffic Amendment Regulation (No. 1) Entitlements vested the responsibility of 1999, No. 20 monitoring use of stationery in the Speaker. I Nature Conservation Act 1992— take this responsibility seriously and will continue to be vigilant on behalf of the Nature Conservation (Protected Areas) Parliament and the taxpayers. Amendment Regulation (No. 1) 1999, No. 18 Transport Operations (Marine Safety) Act PETITIONS 1994— The Clerk announced the receipt of the Transport Operations (Marine Safety) following petitions— Amendment Regulation (No. 1) 1999, No. 15 Transport Operations (Road Use Management) Bribie Island Bridge Act 1995— From Mr Feldman (4,159 petitioners) Transport Operations (Road Use requesting the House to take appropriate Management) Amendment Regulation action to satisfactorily provide suitable lighting (No. 1) 1999, No. 14 on the Bribie Island bridge and safety railing University of Southern Queensland Act 1998— for the pedestrian walkway on the Bribie Island bridge. Proclamation—the provisions of the Act that are not in force commence 8 March 1999, No. 16 Crime Victims, Confidentiality of Records MINISTERIAL RESPONSES TO From Dr Kingston (224 petitioners) PARLIAMENTARY COMMITTEE REPORTS requesting the House to introduce a new Act The following responses to parliamentary or amend an existing Act to protect the committee reports, received during the recess, confidentiality of records of victims of crime, in were tabled by The Clerk— particular sexual assault victims, by preventing response from the Minister for Health (Mrs access to them, in both common and criminal Edmond) to a report of the Public Works law. Committee entitled Townsville Hospital redevelopment; and response from the Minister for Health (Mrs National Senior Citizens Week Edmond) to a report of the Public Works From Mrs Rose (1,696 petitioners) Committee entitled Redevelopment of the requesting the House to combine in a National Maryborough Hospital. Senior Citizens Week, to be held annually in all States at the same time. MINISTERIAL STATEMENT Petitions received. Leaders Forum on Drugs Hon. P. D. BEATTIE (Brisbane Central— PAPERS ALP) (Premier) (9.34 a.m.), by leave: About STATUTORY INSTRUMENTS 600 Australians are dying from illegal drug The following statutory instruments were tabled overdoses each year. They are 600 compelling by The Clerk— and tragic reasons why our present methods 300 Ministerial Statement 9 Mar 1999 of dealing with this problem are not working. I am hopeful that, at the Premiers Make no mistake; no family is exempt from the Conference on 9 April, there will be significant risk of losing a member to heroin addiction. funds forthcoming from the Commonwealth. I That is why we must think again about how we table for the information of the House the try to prevent our young people from outcome of the Leaders Forum on Drugs. becoming addicts, how we try to help addicts and how we tackle the dealers in death. MINISTERIAL STATEMENT The Leaders Forum on Drugs attended by the Premiers on Friday, 5 March, in International Women's Day Melbourne, provided an impressive bipartisan Hon. P. D. BEATTIE (Brisbane Central— and whole-of-Government approach to the ALP) (Premier) (9.37 a.m.), by leave: It is with illegal drug trade. All leaders were great pleasure that I inform the House of the wholehearted in their search for new solutions. support my Government is giving to the 70th We looked in detail at new approaches to: anniversary celebrations of International harm minimisation; awareness and treatment; Women's Day, which was yesterday. criminal justice; research; and Government Yesterday, I jointly hosted with Minister Judy response. I stressed the need for education to Spence, on behalf of the Queensland be added to the harm minimisation framework Government, a function at Parliament House and for there to be an aggressive approach in to celebrate the 70th anniversary of this area. This was accepted by the other International Women's Day in Queensland. leaders. The special guest was writer and women's activist Merle Thornton. Merle remarked on the Victoria and the ACT decided to go ahead irony, saying that last time she was treated to with heroin trials. I made it clear that I do not refreshments at Parliament House was 34 support heroin trials but that Queensland years ago, when she was lobbying to change would organise a parallel trial using a law that prevented her from drinking at the buprenorphine and naltrexone with identical public bar of Queensland hotels simply arrangements where possible so that it can be because she was a woman. Well, she must determined which of the treatments offers the have felt that she did not receive a proper better results—and done on a clinical basis. hearing, because the next day she and Both Western Australia and Queensland colleague Ro Bogner chained themselves to voiced concern about the vast coastlines we the rail of the public bar at the Regatta Hotel. It have and the problems that Customs has in took another 10 years of lobbying by women detecting illegal drug importations due to lack such as Merle Thornton before the law was of personnel and resources. There was no changed and women were permitted to join criticism of Customs; it was simply an issue of men in Queensland's public bars. Thanks in resources. The forum agreed to seek a part to these pioneering feminists, proactive role for the Australian defence forces Government attitudes to women's policy have in protecting our coast. changed radically. In examining criminal justice options, the Today, I table the first Queensland forum agreed to evaluate work camp options Government Annual Action Plan for Women: A to focus on lifestyle, activity and discipline. But, Partnership Between Women and of course, it would have to be part of Government. I urge all members to read this rehabilitation. It also agreed to consider plan, because it commits my Government to introducing nationally the civil forfeiture of drug- advancing women by listening to their ideas related assets. Altogether, some 30 initiatives and concerns. The plan outlines strategies in were suggested for future action. Now the eight key areas for women, including improving Prime Minister must find the money, in our safety and justice, enhancing opportunities for view, to fund these proposals, and they will be women in rural and remote areas, and creating put to the meeting of Premiers with the Prime job and business opportunities. Minister on 9 April. An important feature of the action plan is It is a national problem which needs the Premier's Council for Women, announced national funding. The Commonwealth should yesterday. Twelve high-calibre Queensland provide the funding for the drug trials which are women have been appointed to the council, being mounted. The Prime Minister and the which is now the Government's primary Federal Government should provide funding advisory body on women's issues. It was as well for any drug courts that go ahead and approved yesterday in Cabinet, being brought which are currently being evaluated in there by the Minister. I assure members of this Queensland. The Commonwealth should House that we will be listening to that voice provide funds for treatment and rehabilitation. and that voice will be heard. 9 Mar 1999 Ministerial Statement 301

The council members, who bring a It is not mandatory for Government owned diversity of experience in women's issues to corporations or commercialised business units their roles, are: the chair, Cathy Miller, of Government. However, they are manager of the Logan Women's Health encouraged to use their best endeavours to Centre and Sexual Assault Service; the deputy implement this policy. A number of exemptions chair, Lynette Palmen, founder and managing are specified in the policy, such as for prisons director of Women's Network Australia; Elaine and for public housing intended for private McKeon, managing director of Koutha use. It will apply in the 1999-2000 financial Aboriginal Development Corporation Ltd; year, although some Government Patimah Malone, regional manager of the departments are already implementing the Department of Immigration and Multicultural policy in current projects. Affairs in the Torres Strait; Frances Harding, An example of State and local the co-owner of Hotel Corones at Charleville; government working together is the Cairns Christine Scott, a Charters Towers first-aid Esplanade project, which demonstrates the instructor; Madeleine McPherson, a University benefits to the community when a policy is of Southern Queensland librarian; Jeannie integrated: that is, built in to the growth and Mok, the foundation principal of the Asian needs of that community through community Pacific Institute; Gail Armstrong, principal of and industry consultation from the drawing the Loganlea State High School; Grace Grace, board stage onwards. This visionary policy also assistant general secretary of the ACTU ensures job opportunities for Queensland Queensland Branch; Mary Magee, former artists and designers and, in particular, young chair of the Ministerial Advisory Council for Queenslanders who will gain apprenticeships Queensland Women; and Dr Kay Saunders, and training through public art projects. For the reader in history at the University of first time, all Queenslanders will be given a say Queensland. in the shaping of their environment so that it I look forward to working with these reflects the inclusive, modern multicultural women to improve the position of all women in realities of our State. Queensland. MINISTERIAL STATEMENT MINISTERIAL STATEMENT Pacific Motorway Art Built In Hon. S. D. BREDHAUER (Cook—ALP) Hon. M. J. FOLEY (Yeronga—ALP) (Minister for Transport and Minister for Main (Attorney-General and Minister for Justice and Roads) (9.43 a.m.), by leave: This is a can-do Minister for The Arts) (9.40 a.m.), by leave: Government focusing on jobs and job security. Today the Premier will launch Art Built In, the Through a series of major infrastructure most comprehensive, integrated and visionary projects we are improving Queensland's public art policy ever undertaken in Australia. transport and roads and creating jobs, jobs, This policy—which is a whole-of-Government jobs: over 1,200 jobs in a $240m upgrade of policy endorsed by Cabinet—allocates 2% of the rail line between Rockhampton and major public capital works budgets in the State Townsville; 2,000 jobs on the South East to integrated art and design in public buildings. Transit Project; between 400 and 500 construction jobs on the Brisbane light rail It honours a key election commitment in project with up to 80 jobs in the operational Labor's New Directions Statement for the Arts phase; 300 jobs on the Airtrain airport rail link; 1998. It also heralds a new era for 300 jobs on the new diesel tilt train between Queensland, with long-term cultural and Brisbane and Cairns; over 500 permanent jobs economic benefits to our State and to the lives for fixed-term employees in Queensland Rail of all Queenslanders, now and in the future. with a further 150 to come; and 17,500 jobs As the first cultural policy ever to be throughout the State over the life of the $5.3 implemented by every State Government billion, five-year Roads Implementation department, it is also the fruition of long and Program. careful consultation with my Cabinet But today I want to talk about the Pacific colleagues, local government and key sectors Motorway. Construction work on the motorway of the construction, design and arts industries is at its peak and over 1,750 people are in Queensland. directly employed on the project. As well, In general, the 2% will apply to capital around 4,000 others are indirectly employed in works building projects in excess of $250,000, providing goods and services to Main Roads excluding Government fees and charges, and contractors. Quite a number of these WorkCover, and the cost of capital equipment. people live along the motorway, which means 302 Ministerial Statement 9 Mar 1999 that the project is creating economic benefit for under construction. Of the 90 bridges and the areas that it passes through. major culverts, 36 were complete and work Construction along the Pacific Motorway had commenced on another 34. The Pacific from the Logan Motorway to Nerang is Motorway project includes construction of 46 intensifying, with sections of the new motorway kilometres of service roads and 29 kilometres already in use. Many motorists do not realise it of that total have already been built. but they are driving on the new asphalt and The Pacific Motorway is another example concrete pavements in Beenleigh and around of this Government getting on with the job and Pimpama, Coomera and Oxenford. The delivering—delivering on transport motorway is being built at around twice the infrastructure, delivering on jobs and delivering speed of most road projects. This is made on job security. possible by having six contractors carrying out construction right along the 43 kilometre motorway and, of course, by the patience of MINISTERIAL STATEMENT south-east Queensland motorists. Commercial Activity in Schools The Pacific Motorway is setting new Hon. D. M. WELLS (Murrumba—ALP) standards in construction, such as keeping two (Minister for Education) (9.46 a.m.), by leave: lanes open in each direction during daytime In late 1997 the previous Government hours and maintaining a posted minimum amended the Education (General Provisions) speed of 80 kilometres per hour. Travel time Act and the Education (General Provisions) between Logan and Nerang is monitored by Regulations which removed certain statutory vehicles that enter the traffic stream at set and regulatory restrictions on commercial times each week. On average, the 43 activities in State schools. Whilst we all know kilometre trip takes only around five minutes that for many years so-called commercial longer now than it did a year ago when activities such as advertising on the back of construction had just commenced. The school newsletters had occurred, this change number of accidents reported along the in 1997 would have resulted in an "open motorway actually decreased when slather" for all types of commercial activity to construction started in 1998, compared with take place in and by schools. The potential for the previous year. Just as importantly, the time inappropriate commercial activity was taken to clear vehicles after an incident has significant. After tremendous pressure was gone down from an average 75 minutes to brought to bear on the then Minister by my around 45 minutes. colleague, the then shadow Education Minister The majority of motorists have been and now Minister for Transport, a working party extremely patient during construction and the was finally established to look at the whole cooperation of the driving public and local area of commercial activity in schools in 1997. communities was especially evident during the Immediately after taking office in July Christmas/New Year holiday period. There was 1998, I reviewed the terms of reference of the a significant reduction in accidents along the working party and advised the chair of the motorway in December and January. We are working party of the need to include the hoping for a similar response as the Easter following essential guidelines— holiday period draws near. 1. There must be no "free go" or "open As occurred over the Christmas period, slather" in terms of commercial most construction work will stop over Easter. activity in schools. However, the lack of construction will not mean 2. Any commercial activities that may that motorists should become complacent. take place in schools must be Although the road is starting to open up more, consistent with the image, ethos and with road shoulders rather than the constraints core business of State education. of concrete barriers, the alignment is changing week by week as new sections open and old 3. There must be no impact on State- off-ramps close. It is important to remember, provided funding for education. too, that many holidaymakers will not have 4. Schools are to report via their driven the road for some time and will need to compulsory school annual reports, in pay extra attention to the new arrangements. an open and transparent way, to the The motorway is on target to be opened school community and public in to traffic in March next year. Recent wet general on any commercial activities weather is not expected to adversely affect this that they undertake. date. At the end of January, almost 20% of 5. The draft guidelines were to be the motorway pavement had been laid or was widely circulated for general 9 Mar 1999 Ministerial Statement 303

consultation to parents and staff and In addition to the GST, States and modified as appropriate in Territories face further cuts in funding through accordance with the results of that the Federal Government's unwillingness to consultation. index CSHA funds and its imposition of a 1% Additionally, I insisted that there was to be one "efficiency dividend". It is estimated that the additional point that was not open for debate. I lack of indexation of even 2% in the next insisted that there are to be no inappropriate agreement could reduce housing funds by billboards, advertising outside schools or other $37m over four years. The efficiency dividend unacceptable practices by commercial will cost a further $18m over the life of the operators within schools. The golden arches agreement. So, all up, Queensland stands to will not be rising over the tuckshops in any lose $175m over the full four-year term of any State school. future CSHA. That translates to a loss of 1,170 dwellings from the construction program and I have now received the final report of the the loss of an estimated 1,400 jobs. working party. It satisfies the requirements placed on the committee and which I have just It is significant that the concerns I have outlined. In the near future, and after due about the GST were shared by all Ministers processes, my director-general will present in Hobart, Labor and conservative communicate to all school communities a new alike. It was agreed that unless compensation Education Queensland policy guideline for the effects of any GST is forthcoming, then covering these issues. I table the report. all States and Territories—I repeat: all States and Territories—may have to consider selling off housing stock to meet the shortfall. In MINISTERIAL STATEMENT Queensland, that would mean disposing of the Public Housing most saleable assets, largely our newer houses and multiple-dwelling projects. I stress Hon. R. E. SCHWARTEN (Rockhampton— that all Minsters regarded this possibility as a ALP) (Minister for Public Works and Minister for last resort. I hope it does not come to that and Housing) (9.50 a.m.), by leave: I wish to inform that the Federal Government does offer all the House of the outcomes of a meeting of States and Territories adequate compensation State and Territory Housing Ministers held in for the GST and agrees to index future CSHA Hobart last Friday. I also want to outline the funds and remove a pointless efficiency potential impact a goods and services tax will dividend. have on public housing programs in Queensland and their flow-on effects to the Last Friday's meeting ended with all State's building industry. States and Territories—Labor and conservative—agreeing to a united approach Last Friday's meeting had been to secure additional funds under the next scheduled to negotiate the next four-year CSHA and compensation for the effects of the Commonwealth/State Housing Agreement with GST on housing programs. All Ministers— the Federal Minister for Housing, Senator Labor and conservative—agreed that they Jocelyn Newman. Shortly before last week's would not sign the next CSHA in its present meeting, Senator Newman indicated she form and would continue to press for would not be attending if the question of the compensation for the effects of the GST. GST were to be raised. The Federal Minister did not turn up on Friday, despite the fact that Queensland has a significant role to play she was in Hobart. It seemed odd to me that in preparing the case for compensation. Housing Ministers saw the GST issue as so Ministers agreed last Friday that the important that they flew to Hobart from as far Queensland Department of Housing would away as Darwin, yet Senator Newman could prepare detailed estimates of the impact of the not cross the street to discuss it. GST on housing as well as the lack of Based on information available so far, the indexation and the efficiency dividend. This Department of Housing calculates that a 10% information will be provided to all Premiers and GST would add $30m a year to its cost Chief Ministers prior to the next Premiers structure. The GST is expected to apply for Conference on 9 April. three of the four years of the next CSHA, All Housing Ministers agreed that they costing the housing budget $90m. But, over should meet again following the Premiers the full four-year term of any future CSHA, it Conference. That meeting is scheduled for 21 would mean a loss of $120m, a cut of 800 April in Adelaide. I hope that Senator Newman dwellings from the building program and the can find the time to attend on this occasion. In consequent loss of 1,300 jobs in the building conclusion, I stress that all State and Territory industry. Housing Ministers are united in their fight for 304 Ministerial Statement 9 Mar 1999 compensation for the GST and a commitment the day it's important that the most to indexation under the CSHA. Indeed, capable group gets the job." Housing Ministers from conservative States are The Department of Primary Industries will among the strongest critics of the Federal invest $6m into the development of Wollemi Government's approach. pine with two million plants planned to be sold It is a pity that members of the coalition in annually into the new millennium. Birkdale Queensland are not as vocal. Last week Nursery, which in recent years has developed before flying to Hobart I appealed for a export markets in North and South-East Asia, bipartisan approach to this issue from the Europe, the Middle East and the Pacific Opposition. All I received was silence. It seems islands, will market the plants domestically and that that is still the case. I just wonder who the abroad. Opposition will start criticising when we have to Wollemi pine was discovered five years start selling off our stock and putting people ago and consists of two natural stands with a out of their employment in Queensland. total of 40 mature individuals and 200 seedlings. The exact location of the Wollemi pine has not been publicly revealed and there MINISTERIAL STATEMENT are tight controls on all plant material removed Wollemi Pine Project from these natural stands. Birkdale Nursery director—— Hon. H. PALASZCZUK (Inala—ALP) (Minister for Primary Industries) (9.53 a.m.), by Mr Welford: Good electorate, that. leave: As I address the House this morning, in Mr PALASZCZUK: Certainly. Barbara Sydney the New South Wales Government is McGeoch sums up the commercial making an announcement about the rare plant opportunities for her company and our State pictured in this photograph. The plant is so very well— rare that few people on the planet can claim to "Not only will the Wollemi pine have ever seen it. It is regarded as a living provide us with an exciting business fossil with its closest relatives dating back more opportunity, but we will be able to offer than 100 million years. the global marketplace a chance to share The plant in the picture is the Wollemi the enjoyment of owning, nurturing and pine, named after the only place in the world conserving an ancient, endangered where it has been discovered, the Wollemi plant." National Park, 150 kilometres north-west of Where else can local expertise and Sydney. This morning's announcement innovation be used to ensure a very rare and confirms a Queensland tender has secured endangered plant, discovered hundreds of the exclusive world rights to propagate and kilometres away, be preserved for future commercialise Wollemi pine. It is a threatened generations while commercialising it, creating species and commercialisation has been new jobs and new exports? I ask the question: recommended as the best way to preserve it. where else but Queensland? The successful Queensland tender, proposed by the Department of Primary Industries and Brisbane's Birkdale Nursery, will generate new MINISTERIAL STATEMENT jobs and new exports for Queensland. In the Cyclone Rona development phase alone, 50 jobs will be created with a multimillion-dollar export boost Hon. M. ROSE (Currumbin—ALP) each year. Late last year, the New South (Minister for Emergency Services) (9.57 a.m.), Wales Royal Botanic Gardens selected the by leave: Queenslanders in the south-east, Queensland tender ahead of 13 other south-west and far north of the State continue interstate and international proponents. to mop up in the wake of widespread flooding and Cyclone Rona. I spent a great deal of time This joint arrangement combines the inspecting damage at Kilcoy, Esk, world-renowned research and development Toogoolawah, Caboolture, Gympie, the expertise of the Department of Primary Sunshine Coast, Maryborough, Cairns, Industries with the international marketing skills Innisfail, Ingham, the Daintree, Mossman and and excellence of the Birkdale Nursery. As a Tully. New South Wales Government spokesman said in the Sydney Morning Herald this I was overwhelmed by the response from morning— emergency service workers and volunteers and local residents to those communities hit by "It's certainly something that is living flooding and cyclonic weather. From on Sydney's doorstep but at the end of sandbagging, to mopping up, to risking their 9 Mar 1999 Parliamentary Criminal Justice Committee 305 own lives to save others, these men and must keep a watchful eye on adventurous women excelled. The cooperation between all children who may see flooded creeks and arms of emergency services, local government streams as a playground. Motorists should not and local residents was absolutely magnificent. attempt to cross waterways or flooded Both the preparation and clean-up was a real causeways and roads during heavy rain. team effort, involving thousands of SES People who do not heed the warnings are volunteers, firefighters, police officers, gambling with their lives and the lives of their ambulance officers, surf lifesavers, helicopter rescuers. rescue crews and local residents. Everywhere I While the worst is now over and people went people were full of good humour and have started to pick up the pieces, it is vital cheer despite the tragedy and devastation that we do not become lulled into a false surrounding them. It made me proud to be a sense of security. The cyclone season is far Queenslander. from over. The Bureau of Meteorology has Many stories of incredible bravery and warned that there may be more severe sacrifice have emerged from the muddy waters weather in store. Not even heavily populated of the floods. There was the surf lifesaving areas like the Gold and Sunshine Coasts are helicopter crew who, incredibly, flew under immune from the ravages of cyclonic forces, powerlines to pluck a man from raging including storm surges. Every Queenslander floodwaters. There were the SES volunteers needs to do their bit to prepare for cyclones who risked their lives to tie down two tankers and storms by cleaning debris from around full of ammonia which floodwaters threatened their homes, clearing gutters and storm drains, to sweep away outside of Gympie. There were or preparing an evacuation or action plan. the volunteer, auxiliary and permanent Prepared and aware communities suffer the firefighters who, on their days off, came from least in natural disasters. As we have seen Hervey Bay, Maryborough, Tewantin, recently, an ounce of calm and commonsense Caloundra and other places in between to preparation now could save the burden and assist with the clean-up in Gympie and heartache of major property loss and injury in Maryborough. Then there were the rural the future. volunteers who helped the clean-up in other towns. There were those who knew their own SCRUTINY OF LEGISLATION COMMITTEE homes were in danger of flooding but still put others first. Report Mrs LAVARCH (Kurwongbah—ALP) It is impossible to single out particular (10.02 a.m.): I lay upon the table of the House people for praise—every person involved is a the Scrutiny of Legislation Committee's Alert hero in their own way and each deserves our Digest No. 2 1999, and move that it be gratitude. Without them, things would have printed. been a great deal worse. Both the Governor- General of Australia, Sir William Deane, and Ordered to be printed. the Governor of Queensland, Major General Peter Arnison, have written to this Government PARLIAMENTARY CRIMINAL JUSTICE expressing their admiration for the bravery and COMMITTEE commitment displayed by these men and women. Report Emergency services were well prepared Mr LUCAS (Lytton—ALP) (10.02 a.m.): I for both the floods and Cyclone Rona, and lay upon the table of the House pursuant to counter disaster operations went according to section 4.7(4) of the Police Service plan. The credit for this rests squarely with the Administration Act 1990 the report of the people on the ground who worked around the Commissioner of the Police Service, Mr J. P. clock to minimise damage and ensure people O'Sullivan, being a certified copy of the register were out of danger. We cannot forget, of reports and recommendations made to the however, that six people lost their lives as a Minister for Police and Corrective Services result of flooding in south-east Queensland. under section 4.6(1)(a) of the said Act, There were many other close calls and including all ministerial directions given in amazing rescues. The great tragedy is that writing to the commissioner for 1998 pursuant many of these deaths could have been to section 4.6(2) of the Act, together with the avoided. comments of the Chairman of the Criminal Justice Commission, Mr Brendan Butler, SC. I cannot stress enough the need for all Mr Butler reports that he has no comments to Queenslanders to exercise extreme care make in respect of the register. I advise that during floods, cyclones and storms. Parents the report was received by the committee on 306 Community-Based Referendum Bill 9 Mar 1999

25 January 1999 and is therefore tabled within to represent them in the Legislative Assembly a period of 14 sitting days as prescribed by but also to have a direct input into the laws section 4.7(4) of the Act. that affect their lives. This is a fundamental right in a democracy, and is often called participatory democracy. The process is often OVERSEAS VISIT called the popular initiative and referendum, Report and will enable the people of Queensland to Hon. R. E. BORBIDGE (Surfers exercise a constructive and positive role in Paradise—NPA) (Leader of the Opposition) making this great State a better place to live, (10.03 a.m.): I table a report to the Parliament and will positively enhance individual and on my recent visit to North America, Argentina, collective community responsibility. the United Kingdom and Denmark. The Bill will enable the electors to positively address areas of community concern. It does so only after a proposal to NOTICE OF MOTION address the concern is lodged with the Health Portfolio Electoral Commission where it will be Miss SIMPSON (Maroochydore—NPA) scrutinised to determine whether it is a (10.03 a.m.): I give notice that I shall move— proposal that may be addressed by a proposed law. "That this House notes with concern the massive $50m budget blow-out hitting The Bill provides for the screening of Queensland’s public hospitals which is proposals to ascertain whether they resulting in severe cuts to patient services, contravene the rule of law and the rules of the closure of hospital beds and a natural justice, which are proposals that the blowout in waiting lists, and condemns the Parliament can properly address by way of Health Minister’s gross mismanagement legislation. There are several matters that may of the health system and her disgraceful not be addressed by a proposal under this Bill. attack on the dedicated senior staff who For example, no proposal can be accepted by work in our hospitals." the commission if it proposes to block Supply. The Bill recognises that administrations do need moneys assured to them to perform their COMMUNITY-BASED REFERENDUM BILL functions. Following acceptance of a legislative Mr FELDMAN (Caboolture—ONP) proposal, registration of that proposal may (10.03 a.m.), by leave, without notice: I follow if there is sufficient support from move— electors. This Bill provides for matters of broad and substantial community concern to be "That leave be granted to bring in a presented to the Legislative Assembly Bill for an Act to enable the people of following signature of a popular request by a Queensland to initiate and vote on broad and representative number of electors legislative proposals." of the State. This requirement for a broad and Motion agreed to. representative expression of community concern promotes an environment for the community to work together positively, in First Reading consultation with each other and for factual, Bill and Explanatory Notes presented and non-emotional discussion on matters of Bill, on motion of Mr Feldman, read a first time. common concern. There is a great need for our institutions Second Reading to be people friendly. Participatory democracy is what people are looking for. The times have Mr FELDMAN (Caboolture—ONP) changed. We have one of the best educated (10.04 a.m.): I move— populations in the world, and people want to "That the Bill be now read a second be positive contributors to a better State. A time." healthy democracy means an active, positive It is a great privilege to introduce the community that works together, and Community-Based Referendum Bill 1999. The institutions that enable people to work purpose of this Bill is to enable the electors of together. Queensland to have the opportunity to The outstanding exponent of participatory participate in the decisions that affect their democracy or community-based democracy, daily lives. The essence of a democracy is that through the kind of process set out in this Bill, people have a right not only to elect persons is the renowned Ted Mack. The people of the 9 Mar 1999 Community-Based Referendum Bill 307

North Sydney Council responded when they It goes without saying that representative knew that not only would they be treated with democracy cannot really work if any unelected respect, they knew that they would be listened organisation can come between the elected to and could vote on and decide issues that representative of the people of the electorate, they considered important. In consequence, their parliamentary representative and North Sydney boomed. Not only were themselves. If passed, this Bill will carry forward important community assets not sold off, there the democratic ideals and visions of a was no need for them to be sold off. In fact, democracy which inspired the great T. J. Ryan, rates were able to come down, with community who had a profound confidence in the good services going up because people—real sense and good judgment of the people. people—were being listened to. The Popular Initiative and Referendum Bill There are very important reasons why the 1917 was passed in this very Assembly not process set out in this Bill is very important for merely once but more than once, and the then re-establishing community confidence in our Legislative Council also passed it with some institutions. The last Queensland election saw amendments. These amendments did not vast numbers of electors so disenchanted that affect the ordinary application of its provisions. they voted for a change towards more Similar Bills were also passed in 1913 in the accountability. They also voted to have a direct Western Australian Legislative Assembly, and say on matters that needed to be addressed in 1916 in the South Australian House of and that were not being addressed by the Assembly, only to be knocked back by the Legislative Assembly. The election result Upper Houses, which in those days opposed should have come as no surprise. The people the concept of direct democracy. felt that they had been ignored for far too long, This Bill in effect recognises the Upper and that no one was really listening to them or House of the people themselves directly, to their genuine community concerns. Unless providing the necessary checks and balances the process of participatory democracy is from the community and ensuring community available to enable the electors, where access to the democratic process, as the necessary, to have a direct vote on matters community does not surrender its democratic that they consider important, it will not be long rights. Quite simply, if the required number of before we see a repeat of the situation in New electors sign a popular request, this is South Wales where one ballot paper will be evidence of substantial community concern. the size of seven newspaper tabloid pages in The requirement to submit verified monthly present estimations. returns to the Electoral Commission demonstrating the quantity of support or lack Many people believe that they are not of it will enable both the public and being heard. Under the processes provided by parliamentarians alike to assess the popularity this Bill, electors will have the opportunity to or degree of support for the legislative determine whether there is sufficient proposal. This assessment may well lead to community concern for a common legislative the Parliament addressing the issue before a proposal. Presently, genuine community referendum is held—a process that will concern is often ignored by elected enhance the democratic and parliamentary representatives and the administration for process. The whole of the process will reinforce various reasons. The biggest concern is the open government in a democracy. deficit in democracy. To quote the words of a Mr Terry Gygar, a former member of this famous Queensland Premier, this Bill will Assembly, made a personal investigation of enable the "free and direct expression of the the process and reported its beneficial will of the people". He could not have said it contribution to good government in clearer. Switzerland, where the Parliament benefited This proposal to recognise democracy is from being credibly informed of genuine not new to Queensland. It lies at the very heart community concerns, demonstrated by the of democracy. There is an urgent need to signing of the required number of electors. He reassure the people of this State that they will reported that 60% of proposals saw legislative be heard, and taken seriously, that the or appropriate action being taken to address community is more important than unelected these community concerns, with the result that lobby groups, etc., and that there is a need to no referendum was necessary. provide for balanced and necessary input from The same process is what democratically the community—the real people. There is no spirited people of this State want to see. This substitute for democracy. There are is the only way in which there can be free and alternatives to it, none of them satisfactory. direct expression of the will of the people on 308 Community-Based Referendum Bill 9 Mar 1999 any particular matter of concern—to enable it seek to remove the incentive of elected to be positively addressed by a direct vote. representatives in the Parliament to show This direct vote on the specific issues initiative. presented by the electorate is called "direct seek to slow or impede the legislative democracy". The people of Queensland had processes. wanted for years to have their say on daylight saving. This Bill would have allowed the people seek to drive division between to put that specific issue on the referendum parliamentarians and electors. ballot paper, and would have resolved it years seek to damage our system of earlier. People take the long-term view of what representative democracy. is in the best interests of the State as a whole. seek to be able to remove individuals They are not vying for the perks of office, and from office. they are not trying to get into power. In a real democracy they do not have to. However, this Bill does— seek to enhance the accurate Under this Bill, a legislative proposal would representation of Governments. be set in Bill form following professional drafting by the Parliamentary Counsel. seek to ensure a credible voice for the Naturally only the highest standards of drafting community given the undue influence that apply. The legislative proposal will be non-elected individuals or groups may thoroughly checked for compliance with all have with respect to Parliament. fundamental legislative principles by the have a genuine desire to see Parliament Parliamentary Counsel. It will then be tabled by take the initiative in legislation. the Speaker in the Assembly, and then seek to encourage the awareness of examined by the Scrutiny of Legislation matters political within the community. Committee, comprised of members of the Assembly, who will draw attention to any seek to achieve a better working matters of concern in the legislative proposal, relationship between electors and having regard to the criteria set out in the parliamentarians. Legislative Standards Act 1992. seek to increase the involvement, with Similar to its great predecessor in this knowledge, of the community in the House, the Popular Initiative and Referendum decision-making processes. Bill 1917 of the T. J. Ryan administration, this seek to make decision making of Bill does comply with fundamental legislative Parliaments both easier and more principles, which relate to legislation that representative. underlies a parliamentary democracy based on allow for a greater input of ideas from the the rule of law. It provides for proper community. recognition of the rights and liberties of individuals by ensuring that no legislative help to make the community more proposal is to be accepted if it contravenes the responsible for its decisions. rule of law, the rules of natural justice, or which encourage debate, thereby airing points could not be properly made by the Parliament. of view that otherwise might not be In so doing it provides an up-front screening presented. process which automatically applies the remove the heat from genuine debate. principles set out in the Legislative Standards Act 1992. There is no fear that this Bill would remove the energy-sapping pressure of enable nuisance or vexatious proposals even non-genuine groups, and non-genuine to be accepted. The Bill also has sufficient issues from the genuine parliamentary regard to the institution of Parliament. The process. ability of the Parliament to legislate is in no In short, the provisions of this Bill will way impaired under this Bill. enable the community to express its concerns on matters with broad representative support. It is important to confirm what this Bill This Bill will enable the Government and does and does not do, to ensure that there is Parliament to make decisions knowing whether no misunderstanding. This Bill does not— or not there is a substantial and representative seek to radically change our present mandate from the community on matters of governing systems. expressed concern. In this way the process, because of its openness and consultative seek to interfere with the right of spirit, enhances the betterment of the entire Parliaments to legislate. community. 9 Mar 1999 Community-Based Referendum Bill 309

The community should have a set of reins It is now time to restore that direct democracy to guide Government back onto the track if it back to the electors so that they can fully should deviate too far from the purpose for participate in the promotion of what they which it was elected, particularly if that consider to be in the best interests of the whole of their community. deviation was caused by minority pressure groups or non-elected powerbrokers who may The cost of a referendum held at the same time desire to bring unreasonable or self-serving as a State election or a State referendum poll is pressure to bear on members of Parliament, or minimal. The provision of 5% of electors is a "safety valve" which would enable the holding who may attempt by various means to of a poll at an earlier time, if the concern were manipulate Parliament. The provisions of the not sooner addressed by the Parliament. Bill reflect the desire of the community to have Approval requires the vote of a majority of a greater input into the decisions that affect electors of the State voting in favour of the the community than is presently available. legislative proposal, which will have already Other important provisions ensure that the been thoroughly scrutinised by the Scrutiny of Legislation Committee, and subjected to any processes are accessible to the community. At appropriate amendments. In addition, a majority first the criteria of 2% of electoral enrolment of electors voting on the proposal in a majority would seem low. However, this does mirror of electoral districts is necessary for approval. Liberal and Democrat policy. Proposed legislation can become law only with Honourable members interjected. the assent of the Governor, which presently depends on the advice of the Premier to assent Mr SPEAKER: Order! There is too much to any Bill, and the passage of this Bill would audible conversation in the Chamber. not change that situation. If, however, the electors approved at referendum an amendment Mr FELDMAN: Mr Speaker, I will accede to the Constitution to require the Premier to to the wishes of the House. I ask that the recommend the giving of assent, that would be remainder of my speech be incorporated in a different matter. Hansard. The Bill will enable the community to address Leave granted. matters it considers important. Notwithstanding This Bill provides the added safeguard of that the clear vote of the community is not ensuring that the support must reflect the formally binding on the Premier to advise wishes of electors spread throughout the state. assent, It would be a brave Government indeed A minimum of 2% of electors on the electoral to ignore a successful referendum. roll in a majority of electoral districts is an A local community referendum poll in New essential to demonstrate a geographical spread. South Wales saw a council reposition a waste This ensures that only proposals with disposal facility which would have had the widespread community support throughout the potential to contaminate the Darling and Murray State could qualify. Further, it ensures cross- Rivers with carcinogens all the way to the section support, ensuring that the proposal is a Adelaide water supply. The local votes were so genuine issue. It avoids "city versus country" decisive that the council repositioned the arguments, and it should be mentioned that the facility to a suitable location. The people were required support to trigger a referendum is concerned not for themselves but for their among the highest in the world. fellow human beings, and this vote persuaded the council to do the right thing in repositioning This Bill has been developed over a period of the facility. This is a simple illustration of how many years specifically for Australian minimum expenditure avoided irreversible harm, Parliaments and it combines the best features of including the very real possibility of birth all the direct democracy systems in the world. defects. It only happened because the people The process is not at all new to this State. We were able to exercise their "free and direct had local option polls under the Liquor Acts, in expression" on this matter that had been which the people of the area were able, on concerning them for years. Democracy saved consideration of all the issues, to determine the day, and in this instance the poll was held what kind of environment they wished for their informally with the State election and did not community. For example, the people of cost the Government a cent! Buderim twice rejected a hotel, but welcomed the tavern which is still there and doing well. The proposal contained in this Bill has strong support of well-known Australians. These They were concerned justifiably also with include Bryce Courtenay, Thomas Kenneally, reducing the death toll and accidents given the Morris West, Colleen McCullough, Reg Murray, state of the roads up and down the mountain. Kate Carnell, Cheryl Kernot, Peter Reith, and The community was the clear winner through former Senators, Colin Mason and Michael this very same kind of process. Macklin. Russell Cooper declared his We also had similar provisions in the Local unequivocal support for the proposal, and is Government Act for complete enfranchisement sure to honour his word. Ted Mack enjoyed the of the electors by direct democracy from 1920. positive support of Frank Walker, former 310 Private Members' Statements 9 Mar 1999

Attorney-General of New South Wales in the be very many positive benefits. The electors Federal Parliament, whose community backed will be able to exercise their democratic rights him to represent them following his genuine to determine what they want, as well as who support of direct democracy. What is important they want to represent them in the Parliament. is that there is very strong widespread support At present a good member of the Parliament for the principle and the process in the could be rejected at the polls because of community, as well as from members of association with some issue. It will greatly Parliament. Barry MacKinnon of Western enhance stability and confidence in the Australia has also publicly stated his support. Parliament because as issues are resolved separately and with community confidence, The principle of direct democracy was strongly good members will not have to be turned out of espoused by Sir John Grey, then Prime office on single issues. Further, the process of Minister of New Zealand, but previously this Bill enables single issues to be dealt with Governor of South Australia and of New and democratically addressed as single issues, Zealand. It was also strongly supported by Sir without spilling over into unrelated areas. Isaac Isaacs, Mr Higgins, Mr Deakin and Dr Maloney who were prominent and far seeing The Bill recognises democracy as an inalienable democrats of the time. Alexander Fisher also right of the people of Queensland. supported it for inclusion in the Governor- I commend the Bill to the support of the House, General's speech. It is necessary to ensure that and also to the people of Queensland. representative Government remains representative. Debate, on motion of Mr Foley, adjourned. The Italian people, through this process, broke the back of corruption that was so entrenched that one-third of the politicians went to jail for PRIVATE MEMBERS' STATEMENTS corruption. The trigger in Italy was 1. 1 % of the number of persons eligible to vote, and the Minister for Health vote in every electoral district was well over Miss SIMPSON (Maroochydore—NPA) 90% to get rid of the corrupt electoral laws (10.17 a.m.): Today, Health Minister Wendy which enabled the corruption of the Parliament. Edmond stands condemned for her This process empowers ordinary people disgraceful and weak decision to remove the against those who can bring undue influence to members of Parliament. It ensures openness district manager, the director of medical and accountability, and ensures that decisions services and the director of nursing at the have to be explained to the people. Surely this Toowoomba Hospital. In common with many is overdue. hospitals across the State, the Toowoomba Hospital is facing a massive $7m budget blow- It is asserted by some that sufficient community consultation is now occurring through Cabinets out this financial year. Instead of taking holding court at various places through the responsibility for the financial crisis that is State. This is only token community gripping Queensland's public hospitals, the consultation, and also costly. Health Minister has decided to make senior hospital staff the scapegoats for her gross The process set out in this Bill will operate with less expense, and will ensure that real incompetence. It is an absolute disgrace that community concerns are presented from the dedicated senior hospital staff are now being real community. It is necessary to ensure that sacrificed by the Health Department to prop up the community is not continually disadvantaged the most abysmal Health Minister this State against professional and special interest lobby has ever seen. groups whose objects and goals are in many Queensland now has a Health Minister cases quite adverse to the views of the whole who, in just six months, has almost doubled of the community of this State. Such activities are in no way a substitute for the people the long waits for semi-urgent elective surgery, themselves being able to determine and a Health Minister who in the first quarter of this address the issues - issues which might financial year could spend only $77m of the otherwise be missed. $621m Hospital Rebuilding Program budget, a Health Minister who, after inheriting the best It is a fact that even the best of elected representatives get out of touch at times with public hospital system in Australia, has already the community that sent them to the Parliament. put the State's hospitals $50m in the red, and This accounts for the changes in electoral the budget blow-out is continuing to grow. representation in this State at the last election - While the hospital budgets blow out and public proof positive that the electors felt that their hospitals continue to cut services and reduce previous representatives were not sufficiently in surgery, this Minister looks around for tune with what the community wanted. someone else to blame. The buck stops with The process set out in this Bill is entirely the Health Minister and it is about time that the compatible with, and a valuable adjunct to, our Premier took action and appointed someone system of representative democracy. There will to the Health portfolio who is up to the job, 9 Mar 1999 Private Members' Statements 311 because clearly this Minister is well and truly maintain the rage and continue to fight for out of her depth. justice for women and children.

International Women's Day Minister for Health Ms NELSON-CARR (Mundingburra—ALP) Mr JOHNSON (Gregory—NPA) (10.19 a.m.): Yesterday was International (10.21 a.m.): Before I rose to speak, the Women's Day—a celebration in Australia of 70 former Minister for Health asked me if I was years of struggle to reach some level of going to speak about women's issues today. I equality. International Women's Day is also a have to say that I am intend to talk about one day of reflection not only to applaud our past woman on the other side of the House sisters for their stamina and courage but also today—the Health Minister, Wendy Edmond. to reflect on the continued atrocities to women This Minister has been very, very quick to open that still occur in Australia and around the hospitals around rural and regional world. Although women in Australia have come Queensland since becoming Minister, but in a long way in achieving their goals, there is still an unfinished state. a long way to go. If any message were to be A Government member interjected. received loudly and clearly from the Townsville women it would be that we should celebrate Mr JOHNSON: I heard the interjection the solidarity and collective anger of women from the other side of the House. Under the and be politically active in standing up against administrations of the Premier and the Deputy male cruelty and violence. Premier—former Health Ministers—money was rolled over for six years. It was under Health The tragic death of Maria Giannikos was Minister Horan that we saw hospitals built in lamented by Dr Betty McLellan, who spoke for rural and regional Queensland. I will table for Maria. She stated that Maria was killed by her the information of the House photos of the husband because she was a "bad, unfaithful, Emerald Hospital in an incomplete state. That uncaring wife and mother", who goaded her hospital was opened on 11 February this year "poor" husband into killing her. The daily by the incompetent Health Minister. She media reports presented Maria's husband, opened the Barcaldine Hospital on 1 February, Nick, as a "good upright citizen" who was and the same thing is applicable to Moranbah hardworking and caring but whose patience and Clermont in the electorate of the was stretched beyond endurance by his honourable member for Charters Towers. The faithless wife. Bad Maria, poor Nick. Nick was one thing I do want to say here today is that in telling the story; Maria was dead. December last year—— Nick was found not guilty of murder but Mrs Edmond interjected. guilty of the lesser charge of manslaughter, for which he will serve three years in prison. Mr JOHNSON: Just sit back and listen, Everyone spoke for Nick, both publicly and you. privately. Maria was rendered irrelevant and Mr SPEAKER: Order! invisible. The psychiatrist, in his professional opinion, said that poor Nick—wait for it—was Mr JOHNSON: I will withdraw that, Mr suffering from fragmentation. Is that not a Speaker, because I only have half a minute. In pathetic defence for murder? As a mother, I December last year we nearly had a fatality at constantly feel fragmented, but I do not kill the Emerald Hospital because nitrous oxide anybody. was put through the pipes instead of oxygen, and you know the situation there—a What about the Victorian woman and her deregistered plumber—— adult son who were charged with the murder of their husband and father? After 13 years of Mr SPEAKER: Order! The member will continued and horrific violence at the hands of refer to the Minister as "the Honourable her husband, Heather Osland and her son, Minister". David, killed Frank Osland after another Mr JOHNSON: The Honourable Minister, I particularly bad night of violence and abuse. am sorry, Mr Speaker. I will just quote from the David, who struck the blow which killed his Minister's letter in reply to my letter. This is father, was found not guilty—a just decision. from Wendy Edmond. It states— Heather was found guilty of murder and is "I am aware of the circumstances presently serving 14 and a half years in prison. that occurred concerning Mrs Pritchard's On International Women's Day in operation. As a result I have taken action Townsville women united in thinking of Maria to ensure that the appropriate regulatory and Heather and the thousands of women like bodies are reviewing their legislation to them, and renewed their determination to ensure that all work undertaken in 312 Private Members' Statements 9 Mar 1999

connection with medical gas supplies is being threatened and intimidated by being told performed at the highest safety levels." that they are not to discuss any issues I table these three letters to show how pertaining to public health with their elected incompetent the Minister is. representatives. This overbearing practice is particularly prevalent on the Sunshine Coast. Time expired. It has got to the stage where health workers employed in our hospitals and in the Clean Up Australia Day community, regardless of their professional Mr ROBERTS (Nudgee—ALP) standard, are fearful of losing their jobs if they (10.23 a.m.): I take this opportunity to seek to speak to their member of Parliament congratulate the organising committees for regarding legitimate concerns they have Clean Up Australia Day, which was held last regarding the provision of adequate health Sunday, 6 March. I also thank the many services, the provision of adequate volunteers who turned up all over Queensland infrastructure and the timeliness of service to join with thousands of other Australians in provision. Evidently, the Health Minister, cleaning up our parks, streets and waterways. Wendy Edmond, has issued a directive to her This year I participated for the fifth time and regional managers that, should any assisted a willing band of workers at Nudgee employees exercise their democratic right and Beach, which is adjacent to the Boondall speak to their elected representatives, they Wetlands. face losing their job. I was unaware until recently that we were living in what can only be Clean Up Australia Day is a unique event. described as a Nazi State. It is probably unparalleled in the world and it When I have questioned this overriding should receive our continued and increasing practice I have been referred to the code of support. This year marked the 10th conduct for Queensland Health effective 11 anniversary of the event, which was originated November 1998. I have perused this by Ian Kiernan, who highlighted the need for a document in detail and it would be drawing a coordinated strategy to clean up the very longbow to suggest that any of the environment in which we live. It is timely, principles outlined therein would support this therefore, to make some comment about action. I understand union officials and their Clean Up Australia Day which I hope will be membership in public health are similarly being taken as a constructive criticism and in an threatened and intimidated, and I refer to the endeavour to involve more Queenslanders in Sunshine Coast District Health Service report the annual clean-up. of January 1999 signed by Philip Cleaton, While it might have been a pleasant 21 District Manager, on 4 February 1999, in which degrees in Melbourne last Sunday, throughout he says that he has ensured that the newly Queensland it was a sweltering 30 degrees released code of conduct is understood clearly plus up and down the coast, and in the mid by AWU members. thirties in our inland centres. Calling on This code is in line with the Public Sector volunteers to toil in the sun in such Ethics Act of 1993. It is not intended to be temperatures is a big ask, particularly given our used as an instrument of intimidation. campaign to limit exposure to the sun during Perusing the contents, I find that there is no the hotter months. It is time for the national mention of restrictive access to members of organising committee for the Clean Up Parliament, although at page 8, under Australia campaign to reconsider the timing of principle 3 Integrity, item 7 states that— this great event. I suggest that the event be moved to at least the end of March or another "Employees should observe official month when the temperatures in Queensland protocols when communicating with would be much milder. Queenslanders have members of Parliament." rallied behind this event since its inception. A I ask the Minister: what is an official protocol? cooler time of the year would hopefully Does that mean that one does not go and see encourage more people to volunteer their time a member of Parliament? and effort to clean up this wonderful country of I also draw attention to page 7 under ours. principle 3 Integrity, item 3, which says— "When disclosing official information Queensland Health employees must ensure lawful authority." Mrs SHELDON (Caloundra—LP) Is this an item which may be used to control (10.24 a.m.): It has come to my attention that employees? certain employees of Queensland Health are Time expired. 9 Mar 1999 Questions Without Notice 313

Police Beat Shopfront, Garden City I want to thank the Police Minister, Tom Mr REEVES (Mansfield—ALP) Barton, not only for recognising the need for (10.27 a.m.): Prior to the election last year, the such a police shopfront at Garden City but also Labor Party and I campaigned strongly on for what he is doing for community policing community policing. To be effective in crime throughout the length and breadth of this prevention and management, we must put State. The Police Minister is delivering on the police on the beat where the people are. While commitment that we would put community we did not specifically promise it in the election policing at the forefront in the tackling of crime. campaign, I am proud to say that the first Time expired. Police Beat shopfront opened under the Beattie Government has been opened in Drug Abuse Garden City in my electorate. Mrs GAMIN (Burleigh—NPA) With over 200,000 people using Garden (10.29 a.m.): A national heroin trial is not the City per week, it makes sense to put our police solution to the ever-increasing problem of drug where the people are. Here is an example of abuse in this country. A heroin trial will not our Labor Government delivering on our assist heroin addicts to kick the habit. Instead, election commitments. Just after being elected it will guarantee that participants will remain as in June last year, I was approached by the heroin addicts. The New York experiment with Garden City management, AMP, to investigate zero tolerance certainly worked for that city, the possibility of having a Police Beat although more work needs to be done to see if shopfront in its centre. All past attempts to talk it will work in Australia. Zero tolerance will get to the previous member for Mansfield drug dealers out of concentrated problem regarding the possibility of having a Police areas, but may shift the problem to other Beat shopfront appeared to fall on deaf ears. localities. As much of our drug dealing culture The previous member continued the line of the is imported from overseas, it would be better to then Police Minister, Russell Cooper, the aim any zero tolerance problem to shifting that member for Crows Nest, to only pay lip-service culture offshore and out of this country. on community policing and not be fair dinkum about the matter. Drug courts are a step in the right direction, provided proper rehabilitation So I am pleased to informed the House programs are adequately funded, and this that, while the previous Government put should be a whole-of-Government initiative, community policing on the backburner, Police not just a bit of a bite out of the limited Minister Barton has put it at the forefront in the budgets of Health or Corrective Services. The tackling of crime. I believe that having greater State Government needs to fund more anti- police presence and visibility will have a drug and substance-free rehabilitation positive effect on the crime rate, and that is agencies, such as Mirikai, the Gold Coast Drug why I have worked hard and lobbied the Police Council's establishment at West Burleigh. Minister to ensure that Garden City gets this Mirikai provides residential and outreach shopfront. programs for people who want to kick the drug It is interesting to note that Garden City habit and who want to turn their lives around was the very first shopping centre to have a from drug dependency and its attendant Police Beat shopfront back when the Goss health and social problems. Labor Government introduced them. That was Time expired. obviously a mobile shopfront which went from Mr SPEAKER: Order! The time for Private shopping centre to shopping centre, but it was Members' Statements has expired. launched initially at Garden City. So I am proud to say that now a permanent shopfront is situated at Garden City. Having the police QUESTIONS WITHOUT NOTICE shopfront where the community shops and Toowoomba Hospital socialises and from which they commute breaks down many of the barriers that people Miss SIMPSON (10.30 a.m.): I refer the have of feeling uncomfortable if they need Minister for Health to her decision to sack the assistance or advice. This initiative is district manager, director of medical services particularly helpful to local business owners and director of nursing at Toowoomba Hospital worried about security in their shops. due to the hospital's projected budget blow-out of more than $7m. Given that Royal Brisbane I am pleased to work with organisations Hospital is now $14m over budget, Redcliffe such as AMP which do not just look at what it and Caboolture Hospitals are $2m over costs but how they can assist the community. budget, Nambour Hospital is $2.5m over 314 Questions Without Notice 9 Mar 1999 budget, the Prince Charles Hospital is $1.8m Toowoomba. It does not matter that there has over budget and Bundaberg Base Hospital is been significant support put into Toowoomba $1m over budget, will the Minister guarantee Hospital; there has been no progress. senior staff at those hospitals that they will not This Government has a responsibility to be sacked to hide her gross incompetence as ensure that health funds are well spent. I will Health Minister? do that. I will take the hard decisions when Mrs EDMOND: I thank the member for they need to be taken. Every hospital the question. I was waiting for this question management in this State gets support. We last week so that I could lay the ground rules have given incredible support to all of them, for what is happening in Toowoomba, but she including Toowoomba, over the past eight would not ask it; she was not game. The months, but the time has come when, for the reason she was not game to ask this question sake of every other hospital in Queensland, last week is that she knows the facts, because changes have to be made at Toowoomba. I they were all in the Estimates papers and the am quite confident that the new team going in changeover briefs she has as part of the there will do a lot to improve services. I am freedom of information process of this also committed to the fact that patient services Government. The member for Maroochydore are not going to suffer, and nor are the staff. well knows the issue and the problem. We inherited a diabolical budget. Why? It was Time expired. because of the incompetence and the cover- up of the member for Toowoomba South. Roma Street Goods Yard Redevelopment What did he do? He ran around this State saying, "The budget's great. There are no Mr SULLIVAN: I refer the Premier to the budget overruns. We only have negative Beattie Government's promise to redevelop carryovers." That is what we had. We had the Roma Street goods yard, and I ask: will the negative carryovers! Premier inform the House of the timetable for Miss SIMPSON: Mr Speaker, I rise to a this major project? point of order. Is the Health Minister saying Mr BEATTIE: I thank the honourable that her own Estimates budget papers were in member for Chermside for his question. Like fact incorrect when they said that the budget me, he is interested in driving jobs and seeing was balanced? a great future for the capital of this State. Mr SPEAKER: Order! There is no point of This is one of the most exciting order. developments in Brisbane. It is part of our Mrs EDMOND: There is no point of order, strategy to put Brisbane on the international because it was all listed in the Estimates map. There is a joint task force of the State papers. I said at the time of the Estimates that Government and the Brisbane City Council we had this problem with the budget largely which is to have the first and major stage of because of the unfunded enterprise bargain the redevelopment of Roma Street ready prior that was brought in—$27m of unfunded EB to the Goodwill Games in 2001. As we know, that hospitals had to find out of savings when the Minister for Tourism, Sport and Racing is the coalition had already ripped out $125m in pursuing the Goodwill Games in an energetic the previous two years in compulsory savings. way that, again, will help to put this city and While the coalition tried to hide it until after the this State on the world map. election, it was there, and it is in the Estimates We are seeking not only to make Roma papers. If the member for Maroochydore had Street the lungs of the city but also to make listened during the Estimates hearings she certain that, with the light rail system, the would know that I highlighted it about 25 redevelopment of the South Bank site and all times. But she is so silly that she did not listen. those sorts of activities in conjunction with the Mr SPEAKER: Order! The Minister will Roma Street site, we will end up with a city that withdraw that comment. will enable promotion of the whole of the Mrs EDMOND: I withdraw. We do have a State. problem across this State with budgets We know that when the Goodwill Games because of that. Toowoomba was an are held there will be a focus on Brisbane and exception because Toowoomba was given a on Queensland. That is why the light rail carte blanche and told that it did not matter, project, which is under way from the Minister that it could build a Taj Mahal but not look for Transport, is such an important part of that after the patients' airconditioning. It could build strategy, as is the development of South Bank fancy private specialty suites but not look after and the pedestrian bridge across the Brisbane the patients. The patients came last in River. All of those will provide the opportunity 9 Mar 1999 Questions Without Notice 315 to highlight the leisure and the lifestyle of Also, the coalition was going to take back Brisbane. $2.5m last year and $25m next year with When we think of some cities of Australia Horan's hospital tax. Where was that going to and about how they are positioned overseas, come from? What do those opposite think that we realise that Sydney has the advantage of was going to do to the employment of nurses the Opera House and the Sydney Harbour in this State? Every backbencher on the other Bridge. We need to present Brisbane as the side should know that every hospital budget gateway to Queensland, in many respects. which involved hospital building would be The way to do that is to highlight our lifestyle, losing a minimum of $2m. The Royal Brisbane to highlight our openness. That is why the would lose $25m in recurrent funding—each redevelopment at Roma Street is so important. and every year—to pay for Horan's picture in the paper. It was about Horan's health tax to There is a very strong partnership pay for his picture in the paper. between my Government and the Brisbane City Council. That partnership will continue and We have also heard this nonsense about it will bring the redevelopment of Roma Street only $77m being spent in capital works. It to fruition. As I said, it will be the lungs of the really makes me despair. I agree with John city. Howard that there is an urgent need for numeracy skills in the Opposition. Unfortunately, it cannot be backdated. Those Nambour Hospital opposite are looking at one small thing, such Dr WATSON: I refer the Minister for as contracts signed. They ignore the fact that Health to the financial report for January 1999 there are many works under way. We are not of the Sunshine Coast Health Service, which I signing new contracts, because we signed will table. It shows that Nambour Hospital is huge ones just a month before. That was for $2.5m over budget. Taking account of the one quarter of the year. Minister's answer to the question asked by the Nothing could be further from the truth. member for Maroochydore, that is nearly $1m The Capital Works Program is up and running over any rollovers included in her budget. I and will be fully expended—not $77m. In also remind the Minister of Labor's promise to January, $288m was expended, which was create jobs, jobs, jobs, which the Premier has about twice the figure expended in the just reiterated. I ask: is it a fact that the previous year. We are in a much better Minister has taken a decision to deliberately position to spend all of that funding. We are leave 25 nursing and administration jobs at creating jobs across the length and breadth of Nambour Hospital unfilled in order to try to Queensland. We are also providing extra fund the hospital's budget blow-out? health services across the length and breadth Mrs EDMOND: I do not involve myself in of Queensland—not just in the Tory the day-to-day running of the hospital, so I do electorates, as occurred before, but from not know what positions are unfilled. What I do Coolangatta to the cape. know is that we are employing extra nurses, extra social workers and extra health workers Leaders Forum on Drugs across the State. Mr PURCELL: I refer the Premier to the Mr Cooper interjected. Leaders Forum on Drugs held in Melbourne Mr SPEAKER: Order! The member for last Friday and the announcement that the Crows Nest will cease interjecting. Government is planning to run special treatment trials involving buprenorphine and Mrs EDMOND: Our budget included naltrexone for heroin addicts, and I ask: why is sufficient increases to create something in the the Government taking this action? order of 900 new jobs across the State. While I do not have the specifics of Nambour, I do Mr BEATTIE: I appreciate the question know that across the State we are employing from the member for Bulimba, and I thank more nurses, employing more doctors and him. There has been a great deal of debate in providing more services. this country about heroin trials. At the Leaders Forum on Friday, which was a very bipartisan Opposition members interjected. forum in which all Premiers sought to come up Mrs EDMOND: Those opposite should with solutions to this very difficult problem, the calm down. Let us just look at the situation Victorian Government and the ACT under the previous Government. In the May Government indicated that they wanted to Budget the coalition promised $2m across the continue with heroin trials. I signalled at that entire State as the increase in hospitals' meeting that what was important in all this was recurrent budgets. We increased that to $63m. that there was some comparative clinical 316 Questions Without Notice 9 Mar 1999 analysis, or some clinical comparison, between Depression is becoming a lot more prevalent in how the heroin trials would go, and their likely the community, and we need to find out why. success, compared with trials of other drugs. As we know, buprenorphine and Mental Health Services naltrexone are drugs designed to get people off heroin. They are designed to break the Mr BEANLAND: I refer the Minister for heroin cycle. So their purpose is totally Health to the case last month of a Brisbane different from the heroin trials, which I have man who threatened to kill his wife and then indicated that I do not support and the attempted to take his own life. I also refer to Government does not support. My view was the fact that doctors could not place this that if the Victorian Government and the ACT particular patient into a mental health bed in Government want to go ahead with heroin Brisbane for more than a week, and I ask: trials, that is entirely a matter for them. given the danger that this man was to himself, However, having said that, if they are going to other patients and staff, does the Minister go ahead with them, then in a clinical sense believe that it was acceptable that there was and at the same time we need to do trials of no mental health bed available in Brisbane? buprenorphine and naltrexone. And secondly: is it not true that the lack of mental health beds highlights her gross I had a discussion with Professor David mismanagement of the State's public Pennington when I was in Melbourne in hospitals, which has resulted in budget blow- relation to how buprenorphine and naltrexone outs and cuts to patient services? could be trialled in conjunction with each other to get people off heroin and to break the Mrs EDMOND: I do not discuss individual heroin cycle. So what we are seeking to do, in patient histories if I can help it. However, I can a nutshell, is to have parallel trials at the same say that this Government has done more for time but obviously in different States. In mental health services in the past six months, Queensland we would be trialling and before the change of Government in buprenorphine in conjunction with naltrexone, 1996, than the coalition opposite. but we would be using the same number of Some of us actually remember Ward 10B. people who were being used in, say, Victoria Some of us actually remember what conditions or the ACT, and the same number of support were like for mental health patients in Ward services would be available. 10B and other institutions around this State. Some of us remember the Burdekin report and Often, it is not just the drug, it is the the recommendations that came out of it. That number of support services that go with the is why, in our pre-election commitments and in drug that can get people off heroin to begin our Budget last year, we committed the with. There needs to be a determination in biggest increase to mental health funding that these clinical trials as to whether it is the this State has ever seen: $29m worth of extra drug—whether it be buprenorphine or services. naltrexone—that is getting people off heroin, or the support services that go with it that are Mr Speaker, you were one of the people helping people to get off heroin. So all these who approached me about the desperate lack tests need to be done. As I said, this of mental health services in Redcliffe. As you argument has raged for some time about know, we are addressing that. But that $29m whether we go down the road of heroin trials or is being used. We advertised across whether we go down the road of Queensland, across Australia and buprenorphine and naltrexone. We need to internationally for an extra 200 mental health have a clinical test to determine which is the staff to work in the community, in the hospitals, best way to go. In a nutshell, that is what we etc. That is something that was desperately are seeking to do. needed. One of the other things that came out of Miss Simpson: There are no beds in the meeting on Friday—and I have tabled the Brisbane. full details for the House—was a national Mrs EDMOND: Members opposite say, approach to assessing the causes of social "No beds". Nothing has changed in the beds breakdown resulting in drug use, suicide and situation since they were in Government. We depression. I mention that because we really have opened new mental health beds, yes. In have to get to the causes of drug abuse, as fact, I actually have information on that. The well. One of the biggest problems confronting fact is that there have been only a very, very Australia at the moment is depression. As we small number of occasions when beds have all know, about one in five people suffer from not been made available. Four emergency some form of mental disease during their life. mental health beds are kept for emergencies, 9 Mar 1999 Questions Without Notice 317 if they are needed. According to the mental "Option Three health services, only about twice in the last six We have (hopefully all) five 'new months have those beds actually been independents' join with Bill Feldman's needed to be used. crew on a limited, strictly agreed basis. We have seen a huge increase—and Get this very clear"— there will be a continuing huge increase—in and I am quoting— community mental health services, because "Limited, strictly agreed. Just enough most people are better off in their agreed common ground to qualify for communities, in their homes, with the services. 'Party' status and the more than forty But instead of going around trying to whip up thousand dollars in extra funding, to be fear and loathing of mental health patients, used to fight what those who elected you members opposite should be recognising the wanted you to fight—the unrepresentative fact that something like one in five people will swill who are the old established parties." suffer from a mental illness during their lifetimes. Most of those people are better off I have to say that I am appalled by this being treated at home with the support that document. I am appalled by the suggestion they need, and that is what we are providing. that people would get together to conspire to There is no indication of a shortage of mental obtain public funds in this way. Talking about health beds in south-east Queensland. We are entitlements, another part of the overview says providing more than there ever have been. this— "The manual is a big fat book full of goodies and blank cheques with which to Official Party Status for One Nation procure them. You can have whatever you want"—— Mr WILSON: I refer the Premier to a Mrs Pratt: I rise to a point of order. I find report in today's edition of the Australian that whole document totally offensive and ask newspaper in which it is claimed that former that the Premier withdraw it. One Nation members considered an alliance with their former colleagues to qualify for Mr SPEAKER: Order! There is no point of official party status and, therefore, get extra order. taxpayer funded resources, and I ask: will the Mr BEATTIE: I totally agree with the Premier inform the House whether he was honourable member. I find it absolutely aware of this reported conspiracy? offensive. I have referred to an article which appeared in the Australian, which I table in the Mr BEATTIE: I was not aware of the House for the benefit of those who have not document that has been reported very widely read it. These are not my words; they are the in today's Australian newspaper under the words reported in the Australian from a report heading "Rebels reject a return to the fold", prepared, supposedly, for the honourable which says— member. "Former One Nation Queensland This afternoon I am meeting Mr Bill MPs considered forming an alliance with Feldman, the leader of One Nation, about their old colleagues, 'with just enough these issues. My ancestors came from agreed common ground' to qualify for Scotland in 1884 and I have a very strong party status and to claim extra taxpayer- tradition of Scottishness in me. Let me tell this funded resources, according to a House that there will be not one cent of confidential briefing document obtained taxpayers' money wasted on any attempt to by The Australian." get money from the taxpayer under what I believe are false pretences. It will not happen It goes on— because taxpayers' money should be used to "The document, prepared by an look after people and provide services. I adviser to former One Nation deputy believe those Independents should be leader Dorothy Pratt, was used to brief the explaining to the people of Queensland five new Independents late last week as exactly what this document was designed to they prepared to lobby Premier Peter achieve and why they were putting it in this Beattie for funding." way. According to the article, the document was prepared by Ms Pratt's adviser, Bruce Bell, and Royal Women's Hospital marked "strictly confidential". It says some of Mrs GAMIN: In directing my question to these things— the Minister for Health, I refer her to the case 318 Questions Without Notice 9 Mar 1999 of a Brisbane woman who last month suffered ask that those wrong and offensive comments the grief of losing her baby. I also refer the be withdrawn. Minister to the fact that this particular patient Mr SPEAKER: Order! The member has was forced to endure five hours of bleeding asked that the Minister withdraw those and severe pain at the Royal Women's comments. Hospital while waiting for a medical specialist to remove the placenta. The woman and her Mrs EDMOND: I withdraw whatever she husband were informed by hospital staff that wants. However, let me clearly say that she the five-hour wait was due to cuts in the has been trying to make clinical decisions on number of doctors and nurses working at the behalf of the hospital over which patients hospital. I ask the Minister: will you now admit should receive priority. In this case she has that the financial crisis gripping Queensland's suggested that hospital staff should have public hospitals is severely affecting patient operated on an inebriated patient even though care? it would have put him at risk. Mrs EDMOND: Again, I do not deal with Miss SIMPSON: I rise to a point of order. individual patient histories in this place—or at I have at no time said that. That is wrong and least I do so very rarely. However, there is one offensive. The Health Minister is out of touch case that I will talk about that involved the and out of her depth. Gold Coast Hospital. There has been a similar claim that a lack of funding led to some poor unfortunate chap waiting for 28 hours to International Trade Outlook undergo surgery to his badly cut right arm. We Mrs LAVARCH: I ask the Minister for had the member for Maroochydore and the State Development and Minister for Trade: can so-called president of the AMA on the Gold he advise of the recent performance of Coast running around and saying on radio and Queensland business in international trade TV, "This is outrageous. This poor man had to and any outlook for the future? wait." Mr ELDER: I can, actually. As members Why did he have to wait? Well, there was would be aware, Queensland and Australia as a very good clinical reason why he had to wait. a whole are facing a very hostile international It is totally dangerous and it is totally counter- environment, one described by the Federal productive and risky to operate on someone Treasurer, Peter Costello, as the worst since who is inebriated. The hospital staff had to wait the Second World War. Of course, one of the until some of the fumes evaporated. As I said, greatest problems concerns our trading I do not often do this, but—— partners in South-East Asia. Our concern—and Mrs GAMIN: I rise to a point of order. My I would like to think the concern of all members question did not refer to that patient; it referred of this House—should be on how these to a woman who had lost her baby. She was problems will impact on our export not drunk. performance. Mr SPEAKER: Order! There is no point of In the first six months of this financial order. year—July to December 1998—Queensland's Mrs EDMOND: All of us here would be exports totalled $8.67 billion, compared with very sympathetic to the loss of a baby. I $8.4 billion over the equivalent period of the cannot comment on the circumstances previous year. That represents an increase of surrounding that case. It is always a tragedy to 3.2% over the previous year, which reflects lose a baby. It is also a tragedy to see people very favourably on the efforts of our exporters. trawling over such a tragic event to score I must inform the House, however, that cheap political points. Over the weekend there forecasts by both the Federal Government and were attempts to score cheap political points. my own Department of State Development There were suggestions that three children show that we are in for a tough time. I quote who had come to the hospital in need of from the Federal Government's report on trade urgent orthopaedic surgery as a result of outlooks— accidents should have had their treatment "The present international economic postponed so that staff could operate on this problems, which originated in east Asia, patient. This man would have been put at risk. rank with the oil price rises of the 1970s We have the member for Maroochydore as the most significant external shock making clinical decisions about who should be Australia has experienced since the operated on and what the priorities should be. Second World War—this has major Miss SIMPSON: I rise to a point of order. implications for Australia's trade and The Health Minister is wrong and offensive. I economic interests." 9 Mar 1999 Questions Without Notice 319

In January this year our exports were Hospital? Will she also inform the House how down some 6% on those of last January. many of those beds are still currently closed? However, even though our exports were down, Can she detail exactly when all the beds at they grew in value by just under 1%. I would Nambour Hospital will be fully operational? like to point out that Queensland is not facing Mrs EDMOND: Once again, can I say that this situation alone. It is a situation that is I leave operational matters to the people who reflected in every State's trade performance. are paid to manage hospitals. Can I also say Australia registered a record trade deficit in that Nambour Hospital has not had a reduced January when our national exports dropped by budget. Not only that, every single district in 5%. Queensland—all 39 of them—received an Queensland increased its exports increased budget under our Government; they marginally while New South Wales dropped by would not have got that under the coalition some 10% in the same period, Victoria by 5% Government. and South Australia by just under 2%. We have an unfavourable outlook for our Mr Elder: Look at the member for commodity prices, given that we are a State of Caloundra's last Budget. price takers in the commodity area. A good Mrs EDMOND: Yes, the member for example of that is coal. We started the Caloundra brought down and approved a financial year in a strong position but, given Budget that would have given an extra $2m to the newly negotiated prices on thermal and that hospital's recurrent spending. The fact is export coal, I suspect we will see a drop with that we gave Nambour Hospital more than respect to that commodity. $2m—not all of Queensland's hospitals, but I believe we can hold this slight increase Nambour Hospital—which was $2m more than in performance that we saw this year. The what was in the May Budget that the member Government is responding to this concern. I for Caloundra approved. have commenced a complete review of our Mr Hamill: And she was going to take it trade operations to make sure that we have a away again. very sharp focus, particularly at this end, on where we trade and how we trade. We have Mrs EDMOND: The member was going to set up Asia Link to assist Queensland take it away again with the Horan health tax companies in their trade relationships, that we were going to have. Of course, when particularly in Asia. As we know, Asia is going the Nambour Hospital was rebuilt, that would through a difficult period. We are looking at have been a further impact from the Horan new trade operations and we are also health tax to pay for the media pickies. That is diversifying our trading patterns in the Middle what we had under the coalition. East, South Africa, South America and India. Hospitals are always under pressure, As I said, we have seen an increase of 3.2%. particularly when we have seen significant We will make every effort to keep ahead and drops in private health cover, which the Prime ensure that we maintain that lead. Minister's $1.5 billion seems not to have done anything about. At this time, I place on record Nambour General Hospital something that really worries me, because it keeps being repeated by those opposite. Any Mrs SHELDON: In directing a question to moves in the cost of private health cover will the Minister for Health, I refer to a report from not help in the slightest anyone who is on a the manager of the Sunshine Coast District waiting list. Anyone who is on a waiting list has Health Service of January 1999 which states— a pre-existing illness. Even if people join a "Action aimed at reining in the health fund tomorrow with the rebate, they will increasing over budget result has been have to wait more than a year before they can approved by the Office of the Director have their surgery. I hear people opposite General and the Minister's Office. These saying, "The Prime Minister has solved the include the closure of beds at Nambour waiting list problem by the private health cover General Hospital and a range of other slush fund", but it will not do one thing. actions." In the meantime, we are providing more The report further states— services in Nambour and more operations. In "Basically, the problem has arisen the past six months, we have done 4,000 due to a reduced budget in real terms in more operations than the previous 1998/99." Government did. I now ask: will the Minister now admit that she Mr Horan: More social workers and close sanctioned the closure of 36 beds at Nambour the beds. 320 Questions Without Notice 9 Mar 1999

Mrs EDMOND: We have provided an So we have continued to press our case extra range of community health services. I am on behalf of Queenslanders—Queenslanders pleased that the member for Toowoomba who are being asked to pay 25% more tax South has indicated that, because we are very under the GST than they do now. Taxpayers in proud of all of the extra mental health Queensland are being asked to subsidise the community workers that we have on the removal of financial institutions duty and bed Sunshine Coast and across-the-board. tax in New South Wales and Victoria and other We have heard it all again about how States—taxes that we do not have now. We there were no beds closed. However, the will continue to press this case and we will Premier and I were in Nambour and press it in every forum available to us, whether photographed the beds that were supposedly it is the Premiers Conference or whether it is not closed under the previous Government. before the Senate inquiry, because our We photographed them; we took the TV in position has not changed. While we do not there, and the member for Toowoomba South support the GST, we certainly will not sign an was shown to be the hypocrite he is. agreement—any agreement—that robs Queensland of its fair share. Time expired. The Commonwealth Government has said that the GST revenue pool should be Goods and Services Tax distributed according to a Grants Commission Mr PITT: I draw the Treasurer's attention formula. If that is the way that it should apply, to media reports this morning that Queensland then it should apply according to that formula is refusing to sign off on the Federal from day one. Queensland should not be Government's proposed tax reform package, quarantined for three years and be denied our and I ask: what is Queensland's position on fair share of a revenue pool to which, after all, the GST ahead of next month's Premiers Queenslanders have been asked to make a Conference? considerable contribution. Mr HAMILL: Queensland's position on the GST ahead of next month's Premiers Premier's Department Conference is the same position we had last Mr BORBIDGE: I refer the Premier to the year, the year before that and the year before growing crisis in Queensland hospitals under that. We recognise that a GST will be only his Government, including cost overruns and detrimental to Queensland's service-based insufficient resources, and I ask: why did it cost economy. The economic modelling that has Queenslanders $8.6m more—an increase of been presented to the Senate inquiry 70%—to run his department for the demonstrates the negative impact on jobs the September quarter of this financial year? Why GST will have. is the Premier's Department soaking up $8.6m However, the substantive issue is whether more that could be allocated to hospitals and Queensland is prepared to accept the patently other core services in this State? unfair proposals of the Federal Government in Mr BEATTIE: I thank the Leader of the distributing revenue which it wishes to raise Opposition for his question. I guess I kept too through the imposition of a goods and services many of those people such as Wendy tax. That was the issue for us at the Premiers Armstrong and Greg Goebel—all of those sorts Conference last year when, after lengthy of people—who, had the Leader of the discussion, the Prime Minister and the Federal Opposition been the incoming Premier and Treasurer, Mr Costello, sought to have State they had been Labor equivalents, would have Premiers and Chief Ministers sign off on a been sacked. heads of agreement. My department is run very efficiently. This At that time, we made it clear that not morning, we have seen from the National and only we did not support the GST but also we the Liberal Parties—and it is interesting to note could not support an arrangement whereby that the Leader of the Opposition has asked Queensland taxpayers would face increased his question towards the end of question taxes and Queenslanders would not receive time—an attempt to try to turn health into a their fair share of the GST revenue that was political plus. Why are they doing this? For two being generated. In case anyone has reasons: one, they are trying to cover up their forgotten, the magnitude of that figure was incompetence in the time that they were in $465m, which is a very considerable sum of office. money indeed to our State Budget, even if it is not such a considerable sum to the An Opposition member: What a memory. Commonwealth. Mr Schwarten: Well remembered. 9 Mar 1999 Questions Without Notice 321

Mr BEATTIE: Exactly. We have got to picket, and I ask the Premier: is he aware of remember that we have been in office for just comments attributed to his colleague in the over eight months now. The Budget problems Rockhampton Bulletin where he claimed that that we inherited from the previous the Emerald business community should be Government are significant. wary if it believed it would reap the benefits While we are talking about money, since from Rio Tinto's proposed new work force? The the Leader of the Opposition has raised it, I honourable member was quoted as saying— am happy to advise the House that the "Rio Tinto will tell the community of transition to Government costs between the Emerald anything they want to hear. Rio different sides of politics are interesting. When Tinto don't give a stuff about the people the Borbidge Government came to office in of Emerald. Their only interest is the de- 1996, it cost $4,732,768.98 for the transition unionism of the mining industry." to Government. When my Government came to office it cost $1,830,387. I ask the Premier, and I notice the support that the honourable member has receive from—— Mr Borbidge: You spent 70% more in one quarter. Government members interjected. Mr BEATTIE: We saved taxpayers $3m. I Mr SPEAKER: Order! The Leader of the am happy to talk about costs in the Premier's Opposition will just ask the question. Department. When I became Premier, I found Mr BORBIDGE: I ask the Premier: will he out that there was a weekly invoice for fresh now, at long last, publicly dissociate himself flowers that arrived every week. That was $35 and his Government from this assessment of for each flower arrangement to the Premier's Rio Tinto's corporate credentials by his office. Over the time that the coalition and Mr Government colleague the member for Borbidge were in office, it cost almost $5,000 Fitzroy? for those fresh flowers. So what did I do? I introduced some native flower arrangements Mr BEATTIE: Throughout this debate, I and I saved $5,000. I know that the Leader of have made it absolutely clear that my the Opposition may want to have fresh flowers Government welcomes investment in every day, but I saved the taxpayers some Queensland from Rio Tinto. More to the point, money because that Scottish ancestry of mine not only have I made it clear in Queensland would not allow me to have fresh flowers sent but I went to London and also made it every day like the former Premier did just so absolutely clear to Rio Tinto. Let there be no that he could smell nice. argument here or anywhere else about whether or not we want Rio Tinto's investment. The bottom line is that my Government Of course we want Rio Tinto's investment in has pursued tough administrative this State. arrangements. I am quite happy at any time to talk about the sort of expenses that we had Having said that, it is appropriate for a when the former Premier was in office. member of Parliament to be concerned—and we have heard the Minister talk about these Mr BORBIDGE: I note that the Premier issues—about whether a work force will fly in or cannot explain to the House why he spent fly out. That is what this is about. There is an $8.6m more in one quarter. ongoing debate in Queensland about whether Mr BEATTIE: I am happy to answer that mining projects benefit the local community or question. That is the second question. whether the work force flies in or out. Mr SPEAKER: Was that the second Mr Johnson interjected. question? Mr BEATTIE: Like the Federal member Mr BORBIDGE: I have not asked it. for Kennedy, the member for Gregory should Mr SPEAKER: It was not a question? be concerned about a lot of mining operations, Was that the question to the Premier? particularly those in the north-west province. We have all heard the Minister talk about this Mr BORBIDGE: No. and we are trying to do something about it. Mr SPEAKER: Could we have the The member ought to be concerned about question, please? mining projects that do not deliver enough to the local community. The honourable member for Fitzroy has quite legitimately raised the Member for Fitzroy concern about benefits to local communities. I Mr BORBIDGE: My second question is to say to all mining operations—whether it is Rio the Premier. I refer to the member for Fitzroy's Tinto, BHP or Mount Isa Mines—that this stated intention to return to the Gordonstone Government wants as much benefit to flow to 322 Questions Without Notice 9 Mar 1999 the local communities around the mine as is Mr HAMILL: That is a real concern not humanly possible. only for the Queensland Government but for Let us deal with some other issues that I every other State and Territory Government. think are of importance. The Leader of the We have a real concern that the Federal Opposition has sought to reassert himself Government may seek to use any increase in today. On the weekend I was intrigued to see GST revenue to remove specific purpose an article in the Gold Coast Bulletin that payments from the States. Already, financial stated— assistance grants are to be removed in return for GST payments. Every State and Territory "The dust is not quite settling on the Government is concerned that the recent challenge to Rob Borbidge's Commonwealth may wish to wind back other Opposition leadership. payments to the States under the GST The word is there's still bad blood package. between two parties—" We made it clear to the Senate inquiry it is the Horan camp and the Borbidge camp; that the Queensland Government has no here we go again— intention whatsoever of benefiting from any "over the range of 'shadows', one of windfall revenue should Queensland get its fair whom played a leading role in thwarting share of a GST pool distribution based on the any possibility of a direct challenge by the Grants Commission formula, which, after all, is other." the formula that the Federal Government says is fine for the future distributions of any GST However, I reckon that the honourable Doug revenue. We went further: our submission to Slack, the member for Burnett, takes the prize. the Senate inquiry—a submission that we On 18 January, the News-Mail stated— have made public—stated quite clearly that "Mr Slack said division in politics was the Queensland Government was happy to not the way to win back government. use any revenues to which we were entitled to 'We don't want to fragment the accelerate the removal of the very imposts on conservative side of politics,' he said. 'The business that the Federal Government wants public is looking for cohesion, not to see removed under its tax reform package. I division.'" am talking about conveyance duty and stamp duty. Last week, the Opposition asked me And he is right. questions about stamp duty on insurance policies. Sure, we would love to see them go Goods and Services Tax and we would be happy to see them go, but we can only do that if we get a fair share of Mr FOURAS:: I refer the Treasurer to revenue distribution from the Commonwealth. claims by the Federal Government that Queensland is looking for a windfall from Furthermore, Queensland's population proposed tax reform, and I ask: what is this base continues to grow strongly. Not only do alleged windfall and is there any substance to we see taxation reform as important but we the claim? also see the provision of high quality services as equally important. We told the Senate Mr HAMILL: The member for Ashgrove is inquiry that we would use the funds that we citing some remarks that were made by the were entitled to out of the increased taxes that Federal Treasurer in relation to Queensland's Queenslanders would pay under a GST to just claim for a fair distribution of any proposed provide improvements in health and education GST revenue. The argument that is being run services. by the Federal Treasurer goes something like this: it does not matter that Queenslanders are being asked to pay higher taxes and it does Dingo Bounty not matter that Queenslanders are being Dr PRENZLER: I ask the Minister for asked to subsidise the removal of taxes Environment and Heritage and Minister for interstate because, somehow or other, down Natural Resources: when one considers that it the track Queensland will get some additional is economically impossible—I repeat, revenue through the imposition of a goods economically impossible—to raise, keep and and services tax. Therefore, Queenslanders breed dogs to receive a paltry $5 bounty for should just happily pay up, pay up, pay up for pups and a $10 bounty for adult dogs, will he three years and then maybe get some little give an unqualified apology to the graziers of return to the State. regional Queensland for his inexcusable Mr Purcell: That's if they don't change allegation last week that he knows people who the rules. are breeding dingoes for bounty, or will he give 9 Mar 1999 Questions Without Notice 323 an undertaking to the House to name the overwhelmed when many of the cheques were people who are breeding dingoes for bounty? returned in the form of donations to the QAS. I Mr WELFORD: The honourable member am sure that every member of the House will does himself no credit in joining the National be amazed when I tell them that almost half a Party to attribute such an absurd suggestion to million dollars was returned to the QAS by me. That suggestion was never made by me. more than 34,000 Queenslanders. Many Nothing I said last week, as will be shown by people even included extra donations with Hansard, referred to graziers, rural land-holders their refund cheques. For example, one or other hardworking people on the land. What Brisbane woman included a cheque for $500. I said last week in Parliament was directed at She has been a QAS subscriber for 55 years an improved pest management plan to but has never used the service in all that time. operate right across the State to protect On behalf of the Government, I thank the men graziers ,whose hard-earned income is levied and women of Queensland for their to pay for the current dingo bounty, which is generosity; it will help to save lives. I assure not working. people that their money will be well spent on essential ambulance equipment and on Members opposite are asserting falsely helping others. that this Government has abolished the bounty, as the member for Callide did recently Many pensioners and Seniors Card in the Bundaberg News-Mail. The Government holders who returned their cheques said that has done nothing of the sort. However, the this was their way of saying thankyou to the Government is reviewing the legislation to see Queensland Ambulance Service for the whether there are better and more effective wonderful service that it has provided to ways to comprehensively address what the Queenslanders for over 100 years. I thank Government acknowledges is a widespread subscribers for supporting the Ambulance problem. The proposition that I ever cast a slur Service. I reiterate that Seniors Card holders upon any hardworking rural land-holders or and pensioners can continue to have a close graziers is an absolutely dishonest relationship with the Ambulance Service misrepresentation of the facts and honourable through their local ambulance committees. members opposite know it. The local ambulance committees are community based and do a wonderful job of raising funds on behalf of their local Free Ambulance Subscriptions ambulance station for vital lifesaving Dr CLARK: I direct a question to the equipment. Minister for Emergency Services. The Government promised to implement free ambulance subscriptions for pensioners, Water Backflow Seniors Card holders and their dependants as Mr LAMING: I refer the Minister for Public of 1 January this year. That policy has been Works and Minister for Housing to a report in implemented and our promise fulfilled. I ask: this morning's Courier-Mail about the serious could the Minister please outline the health risks posed by water backflow and the community response to this significant fact that his department has identified 1,192 initiative? sites as having the potential to cause loss of Mrs ROSE: I thank the honourable human life. I refer the Minister also to the fact member for the question and also that only 200 of those deadly sites have been acknowledge the interest that she has shown rectified and that apparently no money has in the delivery of ambulance services in the been set aside for the remaining 992 sites. I Cairns area since she returned to the House. ask the Minister: does he stand by the As the member said, at the last election this commitment that he gave to the Estimates Government gave a commitment to provide a committee in which he stated, "I am pleased free ambulance service to pensioners, Seniors to say that we are on top of those issues"? Card holders and their dependants. I am What urgent action is he taking to rectify this delighted to inform the House that this policy situation, given that his department has came into effect on 1 January. identified so many potentially deadly sites, and when was he made personally aware of the The policy had a very smooth transition situation? and has been well received across the State. After its implementation, refund cheques were Mr SCHWARTEN: Finally, we have a posted to 215,000 Queenslanders who had question. I thought the Opposition might have prepaid their subscriptions until after the asked about the 1,400 jobs that we stand to implementation date. Both the staff at the lose thanks to the GST, and I note the Queensland Ambulance Service and I were Opposition's continued silence on that issue. 324 Questions Without Notice 9 Mar 1999

However, I am happy to deal with the issue of Tourism backflow, because it is a very important one. Mr REEVES: I refer the Minister for The Opposition chose to downgrade this issue Tourism, Sport and Racing to the inquiry in its last couple of Budgets. The last time a established by the Federal Immigration Labor Government was in power in Minister to look at imposing bonds on people Queensland, $3.6m was set aside for the from certain countries seeking visas to enter correction of backflow. Since then a figure of Australia, and I ask: what impact would $1.5m or $1.8m has been made available. imposing bonds on international visitors have Over that time, $8.58m has been spent on this on the Queensland tourism industry? very serious and troubling issue. Mr GIBBS: The report yesterday that the Some 232 sites have been identified as Federal Minister, the Honourable Philip requiring urgent and immediate rectification. Ruddock, is considering imposing an additional That has been done. Some 1,192 sites were bond, or a form of taxation, on overseas tested, and varying degrees of intervention visitors is a disturbing factor to all State have been recommended and have taken Tourism Ministers. What we have seen is a place. The majority of those are well and truly typical knee-jerk reaction from Mr Ruddock in in hand through workplace prevention reply to some cases highlighted last week of methods. If the member is looking to score a illegal immigrants being arrested in the fruit- cheap point on this issue, he is looking in the picking areas of the southern States of wrong direction. I could have easily given him Australia. that answer over the telephone this morning, Honourable members need to be aware, had he bothered to take any sort of interest in firstly, that this sort of a plan, unfortunately, is this matter aside from just reading what was in aimed at two of our major emerging markets, the pages of today's Courier-Mail. the first one, of course, being China. This This Government will have to continue to Government and the previous Government address this problem because of the former have put a lot of work into China over the past Government's downgrading of this problem in couple of years. It is one of our major its last Budgets. However, I stress to the emerging markets. In fact, this financial year, House that this is not an urgent problem; our Government, through the Queensland people will not need to boil their water in Tourist and Travel Corporation, or Tourism saucepans. In reality, although backflow is an Queensland, as it is now called, will spend issue that can confront every single about $1m on cooperative advertising householder in Queensland—anybody who campaigns in both China and India. The last has a pipe leading into their yard potentially thing we need are imposts put up by the faces the risk of backflow—it is an absurdity for Federal Government that will deter people anybody to suggest that there is an immediate from coming into this country. problem or that the world will fall apart in the Figures from the Federal Department of next couple of days. As a result of the Immigration show that at the moment passage of the Sewerage and Water Supply overseas overstay rates are less than 1%. Act a few years ago, we are now more mindful Less than 1% of visitors who come to of this issue. Under 32 years of National Party Australia, particularly from China, are rule in Queensland, no backflow devices at all overstaying. Interestingly, it was only some were installed under the Building Act. months ago that Australia was one of only two Western nations to be designated as An Opposition member interjected. approved destinations for tourists from China. Mr SCHWARTEN: I am glad the member It is a disturbing factor that at this stage Mr said that, because 1992 was the first time ever Ruddock has failed to sign that agreement that any Government in the history of this with China. That is already having an adverse State did anything about backflow. Of all the effect not only on future trade for our country issues for members opposite to raise, they but also on the number of overseas tourists. picked an area where they lead with their chin This year, short-term arrivals from China to once again. This Government will get on with Queensland have risen by an amazing 31.4% the job of trying to repair all of the neglect that to 10,292 persons in the year to November members opposite left us with. We were 1998. Given the sort of buffoonery being starting to do something about this issue in our displayed by the Federal Government, we last year in office. Regrettably, members have to query its intelligence. The Tourism opposite have downscaled that work since Forecasting Council of Australia predicts that then. As a result of that, we will again have to visitor arrivals from China to Australia will ramp up the program. increase to over 600,000 annually by the year 9 Mar 1999 Matters of Public Interest 325

2006. That is a huge potential market for our estimating at that time a far greater impact Queensland tourist industry. from the Asian crisis. That impact up until now The Minister's reaction is not only an insult has been relatively modest. So twisting the to our overseas business but also a deterrent numbers does not really serve the can't do in that a lot of the visitors from China are Premier's cause. If he sets a target that is people who do not have a lot of disposable down a quarter—a cut of 25%—on the target income. They spend it to come here to have a of his predecessors, then he is giving himself look at our country. The notion of putting an some leeway, plenty of room for failure. He additional imposition on them is foolhardy. drops the target, he then exceeds it, then he runs around Queensland saying, "Aren't we great? Aren't we achieving enormous things?" Water Backflow But the real fact is that under this Premier Mr DAVIDSON: I refer the Minister for and this Government failure is the name of the Health to an article in this morning's Courier- game. The real measure in the jobs issue is Mail outlining a serious and possibly deadly how Queensland is performing relative to the water risk in State buildings, including other States because our strength has been in hospitals, because of the backflow of leading the nation in jobs growth. During the contaminated water into pipes transporting life of the coalition Government, Queensland drinking water. I ask the Minister: does she was generating about 40% of all new jobs regard the risk of backflow to patients, staff created around Australia. A State with just shy and visitors at Queensland hospitals as a of 20% of the population was delivering almost serious problem requiring urgent attention? half the jobs. In the first six months of the What actions have the Minister and her Government of the member for Brisbane department taken to address what appears to Central we manage just 22% of the new jobs be a very serious health problem? in the country—almost a population base Mr SPEAKER: Order! The time for number. That means that the rate of questions has expired. Queensland's job growth has stalled under this can't do Premier. Our performance relative to the rest of the country has slipped, and slipped MATTERS OF PUBLIC INTEREST dramatically. Premier While the can't do Premier acts, others Hon. R. E. BORBIDGE (Surfers are performing. That is really the core issue in Paradise—NPA) (Leader of the Opposition) relation to this Government's performance on (11.30 a.m.): The "can't do" tag is obviously jobs—not that the Premier can exceed a getting to the Premier. This was very obvious deflated target, but that Queensland is no last week, as we saw him retreat time and time longer out in front. The can do State is back in again into his office to write down on bits of the pack under its can't do Premier. paper that he tabled in this place, "This is a Mr HAMILL: I rise to a point of order. The can do Government. I am a can do Premier." Leader of the Opposition is deliberately He even tried to give us a list of his misleading the House. The job data that you achievements, and he started out detailing his state—— achievements by referring to the fact that the Mr DEPUTY SPEAKER (Mr D'Arcy): Queensland economy has generated some Order! There is no point of order. 35,000 jobs in the first seven months of the Mr BORBIDGE: In fact, another claim was year, which he said was in excess of the that this Government has started the stalled 30,000 forecast in the Budget. Of course, he is Capital Works Program. In fact, the capital right, because what he did in his September works programs under the coalition were the Budget was drop the expectation from the largest in the history of the State. There was 40,000 new jobs that we had projected in the nothing stalled. But according to the latest Budget that we handed down in this place in Midwood report, construction work May. So if he dropped the target, of course he plummeted—and that was the very word stands a reasonable chance, even if he is a used—in Queensland in the September can't do Premier, of beating that particular quarter last year. The only stalling in the target. Capital Works Program has been the stalling Even that number—our more positive that has occurred under the can't do number in relation to the performance of the Government of the member for Brisbane private sector in its ability to deliver new Central. There was just $77m in health project jobs—was heavily down on 1997-98's 60,000- starts in that quarter, backing up on $500m in plus new jobs because Treasury was the last quarter of the coalition. 326 Matters of Public Interest 9 Mar 1999

Another of the achievements the Premier to be broken up, but the couldn't do Premier claimed last week was winning the Goodwill couldn't do it. Games. Of course, the Goodwill Games were He said the generators had to be broken won for Queensland by the coalition. All this up to fix the maintenance problem: the Government did was achieve an excuse for an maintenance regime that had given early trip for "Bollinger Bob" to go and sign a Queensland power station availability at the few documents. There was no doubt—never absolute cutting edge of world's best any doubt—he would be the first to lift off. The practice—90% plus, more than 10% better fact that Olympic teams were coming to than the world average. Of course, Queensland for pre-Olympics training was someone—finally someone—somewhere in another alleged achievement of this that well-oiled unit opposite worked out that Government. Of course, the major teams had Wayne Goss had signed off on National been locked up and announced by the Competition Policy and they could not break coalition, not by this can't do Government up the generators anyway, except at massive which simply gets more blatant by the day in cost. Of course, they should have known that trying to claim the credit for projects that it has in the first place. One would think that one had nothing to do with. member of the Government would have A couple more examples of this were the remembered what Wayne Goss had done. Premier's references to the airport-rail link and Of course, then there is Expo—the to what he cannot bring himself to call Briztram symbol of the can't do credentials of this in the hope that people will not see the eerie Premier and the can't do credentials of this similarities between what he proposes and the Government. They wanted it until it was long announced coalition initiative. I would offered to them. Then they had their second remind honourable members of some of the chance—the big chance to host the 2002 Premier's own words on that very topic, uttered event. The Premier in 1999 begged off when he thought he might lose out on $65m because he said he would not have enough of project specific funding from the time. He said he could not do it. He said it was Commonwealth that was linked to Briztram. all too hard. He said it was all too difficult and This is what he said on the Caroline Tucker he orchestrated this stunt trip to Paris to program. He said— orchestrate reasons why the can't do Premier "I mean, the whole purpose is the couldn't do Expo. same. It's in the same city, it's generally in But then there are a host of other the same location although there are examples. Instead of a new power station in some changes in terms of not having a Townsville, we are going to have half a power cross river link near the university, but it's station. In Roma Street we are back to where the same thing." we were two years ago. In fact, the big announcement from the can't do Premier "It's the same thing", he said when he was yesterday: they did not even have any scared he was going to lose the Federal drawings, any plans, any schematics in terms money. But now, of course, he has got the of the press conference, because the can't do Federal money and it is a different project. It is Premier thought he should announce a bigger project. It is a better project. It is a something. We had the Millennium Gardens. Labor project. It is nothing of the type, by the We had the opportunity for an international Premier's own admission. Like almost garden exposition to showcase Brisbane and everything else he claimed last week, it is not Queensland, but it was too hard for this can't the can't do Premier's at all. do Premier and this can't do Government. Another furphy claimed by the Premier In fact, the only people this Premier can last week was that this Government had do anything for are the striking union picketers revamped the electricity industry. The reality is at Gordonstone and his other trade union that the Government has dealt with one corner mates, with the industrial relations legislation of the industry by removing from rural and that is just around the corner. With regard to regional Queensland any autonomy and any everything else, this is a Premier and a input into distribution issues. A restructure was Government without substance and without rejected by the previous Coalition Government performance—a Government led by someone on the basis that it would cost jobs. But what who does not know the difference between was missing in this Government's performing and acting, a can't do Premier restructuring? Only the centrepiece: the break- leading a can't do Government that is taking up of the generators! That was the motivation Queensland back to the middle of the pack for the entire restructure. The generators had instead of leading this great State of ours in 9 Mar 1999 Matters of Public Interest 327 terms of job creation and economic do nothing to improve the quality of life of the development, a Premier who this morning residents who live close by. stood up for a member of his Government who I am sure that my parliamentary had attacked a major corporation that wants colleagues will go to great lengths to ensure the privilege of spending in excess of $4 billion that the people of the Moreton electorate in this State. know that Mr Hardgrave is passing the buck Time expired. politically. What the people of Moreton want, particularly those who live on Mt Gravatt- Capalaba Road and close by, is some long- Mt Gravatt-Capalaba Road term planning that will see their quality of life Mr REEVES (Mansfield—ALP) improve. (11.40 a.m.): Today I will make the House I have been working with the other three aware of the No. 1 issue in my electorate. I, State representatives of the area to try to along with the members for Mount Gravatt, come up with some options. The options we Sunnybank and Archerfield, have great have been discussing are all for a long-term concerns regarding the increasing number of solution—not a short-term remedy just to make trucks using Kessels Road, McCullough Street it politically saleable. I and the other relevant and Mt Gravatt-Capalaba Road. State members of Parliament have not been The introduction of the southern bypass a developing these options in isolation. I have couple of years ago sought to reduce the level met with the community on this matter. I have of truck usage of Mt Gravatt-Capalaba Road, had very fruitful discussions with members of but obviously this has not been achieved. As I the QRTA, particularly those who have many have my electorate office on Mt Gravatt- trucks that use Mt Gravatt-Capalaba Road. I Capalaba Road and live close by, I know what thank the QRTA and its members for being so the residents are going through and I know constructive in their discussions regarding Mt about the number of trucks using this route to Gravatt-Capalaba Road and Kessels Road. get to the Gateway Motorway. Not only is the The No. 1 disincentive for trucks in using traffic build-up a major problem but also the the southern bypass is the toll. I think we need noise is causing heartache for the residents. to get a bit smarter in encouraging trucks and While the problem is not new, it has been others to use the southern bypass because, escalating slowly over the past few years and let us face it, the function of a bypass is to now is at a critical point. have people bypass major residential areas. Encouragement such as incentive-based tolls Mt Gravatt-Capalaba Road was never could have a major impact. really a busy road prior to the construction of the Gateway Motorway some 13 years ago. The problem at present is that when the Not only does it now carry more traffic from the major truck companies get their bills at the end Cleveland and Redlands areas as a result of of each month, they see large amounts for the the development that has occurred there, but southern bypass toll and nearly have heart it is also carrying the extra traffic generated by failure. While using the southern bypass might the Gateway Motorway. Mt Gravatt-Capalaba have advantages in terms of truck Road was never designed to take the traffic maintenance, the maintenance bills do not that it carries currently. To see that, one has look as horrific as does the monthly toll bill. only to look at the gradients of the road and at The other major problem is that probably its many declines and bends. 50% of the users of Kessels Road and Mt I am extremely concerned about the Gravatt-Capalaba Road are owner/operators current action by the Federal Government, coming from Toowoomba and Ipswich. These aided and abetted by the member for owner/operators work on percentages, not on Moreton, Gary Hardgrave. It is my time, so there is no incentive for the understanding that the Federal Government is owner/operators to use the southern bypass if trying to get the road declassified as a it is going to cost them $7, or $14 for a round federally funded road. Mr Hardgrave has said trip, compared with no cost to use Kessels at great length that that will stop trucks using Road and Mt Gravatt-Capalaba Road. the road, but all declassification will mean is I am reliably informed that trucks using that the State is left to fund Mt Gravatt- the southern bypass take about 35 minutes to Capalaba Road—the problem the Federal travel from Redbank to the Gateway Motorway Government has created. This will do nothing at Mansfield. Those using Mt Gravatt- to reduce truck usage on this road. Capalaba Road and Kessels Road in non- Declassification will be used by the member for peak times take about 40 minutes. The Moreton only as a political selling point; it will difference in kilometres is minimal. The big 328 Matters of Public Interest 9 Mar 1999 difference is the toll of $7, or $14 for a return who live along and close by the road, trip. It is quite obvious that we must come up especially in the suburbs of Upper Mount with an incentive for the truck owners and Gravatt and Wishart, would improve operators to use the southern bypass. dramatically. Unless those options are To simply say that the trucks should not implemented, the problems of Mt Gravatt- use Kessels Road and Mt Gravatt-Capalaba Capalaba Road and their effect on people's Road does not recognise the reality of the lifestyles will not go away. In fact, they will situation. Many of the major truck companies increase. are based around Rocklea, Fairfield, I have informed the Transport Minister Archerfield and Acacia Ridge. To say to them that I believe those options must be keenly that they have to go backwards to go forwards investigated. I believe that an incentive in would be farcical. To think that they would do relation to the toll on the southern bypass that is ridiculous. should be introduced immediately. Prior to It has become apparent from doing that, a movement study should be conversations that I have had with truck undertaken to calculate how many trucks owners that many use Ipswich Road and the coming from Ipswich and Toowoomba are Story Bridge to get to the Sunshine Coast, using Mt Gravatt-Capalaba Road and how particularly early in the morning. If any ban is many are using Ipswich Road. After the placed on trucks using this route by the city introduction of an incentive, a study could be council or by us the ramifications for Kessels done to determine its effect. An educational Road and Mt Gravatt-Capalaba Road will be and promotional package must be developed horrific. The increase in usage by trucks would to encourage truck drivers, particularly be almost doubled, particularly in the morning, owner/operators, to accept the proposed and the quality of life of those who live along incentive. Once it is put in place, consultation those roads will be further diminished. Another about the other three options should start major disadvantage of Mt Gravatt-Capalaba immediately. Road compared with other roads on the route My greatest concern regarding those is that people live on both sides of the road, options relates to funding. I firmly believe that and large housing estates at Upper Mount the longer we leave it, the higher the price will Gravatt and Wishart are very close to it. be, so action must be taken now. However, Another option that warrants further the actions of the member for Moreton in investigation is a truck restriction lane, which trying to get this road declassified will have a would allow trucks to travel in only one of the major bearing on this issue. If Mr Hardgrave three lanes on Kessels Road or Mt Gravatt- has his way in passing the buck, we will be left Capalaba Road. It is my understanding that holding the bunny. What Mr Hardgrave is up to this system works very effectively in Perth. is ensuring that the blame can be placed on Another problem spot that needs to be the State Government, when in fact it was the reviewed is the intersection of Mains and Federal Government that created the mess. Kessels Roads. It is quite obvious, because of Mr Hardgrave is in the papers, week in and not only truck use but also car use of the week out, complaining about the trucks using intersection of Mains and Kessels Roads, that Mt Gravatt-Capalaba Road, yet now he is a grade separation must be undertaken. The trying to wash his hands of the whole affair, longer we leave it, the more the problem will not willing to put his money where his mouth escalate and the higher the costs will be. I is. believe it is essential that this review occurs I put it to the member for Moreton that sooner rather than later. the people who live in Wishart and Upper Another option that requires examination Mount Gravatt are not as silly as he thinks. is a truck turning lane from Kessels Road onto Both levels of Government must be the freeway and onto the Gateway Motorway. responsible for the long-term future of these This would ensure that the problems at the areas. We must quickly review those options intersection of Logan, Kessels and Mt Gravatt- and come up with the funding packages to Capalaba Roads would be improved implement a solution to the problem. The dramatically. The golf links estate in Upper quality of the life of people who live in Upper Mount Gravatt, in the electorate of Mount Mount Gravatt, Wishart and Mansfield depend Gravatt, would have greatly improved access. on it. I will go to any lengths to ensure that this This action would have the greatest single issue does not just get swept under the carpet effect on the usage by trucks of Mt Gravatt- by the Federal Minister or in fact by our own Capalaba Road. The quality of life for all those department. 9 Mar 1999 Matters of Public Interest 329

Minister for Health the Nambour Hospital. It has not filled some Miss SIMPSON (Maroochydore—NPA) 25 full-time equivalent positions—permanent (11.49 a.m.): This is a can't do Government. positions. Those positions have not been filled We have a Government that will not take with permanent people. They have not been action to get rid of a Health Minister who is advertised. That has been a deliberate ploy of dangerously out of control. If Government this Government. I will be seeking to talk to the members were not appalled by the Health Queensland Nurses Union about that as well. Minister's performance this morning during A lot of its members are badly affected. Under question time, they need some medical this Minister, they have been put into casual treatment as well. positions, or there has not been the opportunity to take on that permanent work. There is approximately a $50m budget blow-out, and we know that, in the seven I am talking about a major hospital which months since this Government took over, has a $2.5m budget overrun. I have the surgery waiting lists around Queensland have Budget papers here, and they show clearly nearly doubled in the semi-urgent surgery that that overrun is owned by this current classification. We know also that, after what Government, not by the previous Government. this Government did to Toowoomba, it will stop The Nambour Hospital is a very fast growing at nothing to look for a scapegoat for its Health hospital. But the Health Minister, vaguely and Minister and the mistakes that she has been suddenly, does not know about those 25 full- making. The Royal Brisbane Hospital has time equivalent positions. I have the something like a $14m budget blow-out; the documentation, and I am happy to table the Prince Charles Hospital has something like a documents that show clearly that the Health $1.8m budget blow-out; Caboolture/Redcliffe, Minister was well aware that 36 beds were $2m; Nambour, $2.5m; and the Toowoomba closed at that hospital. Or has she been Hospital, $7m. signing other letters that she has not been reading? Members saw the Health Minister's What happened at Toowoomba? That performance here in Parliament this morning. hospital was on budget—within budget—when This is a do-nothing Government with a do- we were in Government, and it was within nothing Minister who does not even know what budget up to the election. But since the she signs. Those 36 beds were closed, and change of Government, what has happened? they are still closed. I challenge the Minister There has been a $7m blow-out, elective right now: get your television cameras and let surgery waiting times are going through the us go in there and have a look at those beds. roof and the Health Minister's action is to look They are still closed. for a scapegoat. I happen to know that the Queensland Nurses Union is very concerned Surgery waiting lists at the Nambour about what has happened and is having Hospital are going through the roof. I have discussions with the Health Department today. letters from constituents who are in pain I believe that the rest of the staff at that waiting for surgery, particularly for orthopaedic hospital would be quite rightly concerned—very surgery, for which the list is extremely long. For concerned—because unless the Health the benefit of the record, I will get the exact Minister is going to put more money into that figure for the semi-urgent waiting list for hospital, it will continue to have problems. orthopaedic surgery as at 1 July 1998, which was the last period for which figures were Let us have a look at the language used available when the coalition was in to describe that bloodbath in Toowoomba. Government. For orthopaedic surgery, the This Government called it "an administrative figure was 1.7% for long waits for semi-urgent restructure" of the Toowoomba District Health surgery. Under this Government, that figure Service. Perhaps it is time for the Premier to has jumped to nearly 30%. That represents a have an administrative restructure of his front lot of people on the semi-urgent surgery bench. In this press release, the Government waiting list who are waiting for very necessary talks about how confident it is that the operations. That situation is continuing to get restructure will bring about a new era of health worse. I have letters from constituents. It is real care. The only way to deal with that problem is people who are paying that price. to give the hospital more money. Or is the Even the district manager, in his reports, Government proposing to chop jobs? That is has said that, in real terms, they have gone why the staff are worried and, quite backwards with their budget. So all this talk understandably, very worried. about having increased budgets is just a load Members on this side of the House have of baloney. Under the coalition Government, already outlined earlier today the sleight of something like half the percentage of people hand that this Government has employed at were waiting too long for semi-urgent surgery. 330 Matters of Public Interest 9 Mar 1999

But under this can't do Government, what has Obviously, the Health Minister was not it done? In fact, it has doubled the percentage listening to the media last week when the AMA of people who are waiting too long for that put out a press release about a bed crisis for surgery. The district manager's report states— psychiatric patients. The AMA went on to "Action aimed at reining in the say— increasing over budget result has been "A lack of beds in south-east approved by the Office of the Director- Queensland hospitals means at times General and the Minister's office. These acute psychiatric patients are not being include the closure of beds at Nambour admitted to psychiatric units." General Hospital and a range of other There is something terribly wrong. This Health activities. The bed closures have already Minister has no idea. She is out of control, and generated media attention." the Government and the Premier are going to Let us get the cameras in and go and see the do nothing about her performance. beds that are still closed. The Government Members would also be aware of the tried to claim at the time that it was seasonal. situation on the Gold Coast. The Health If it was seasonal, it is now March, those beds Minister obviously still thinks it is acceptable for are still closed and people are still waiting. someone to wait 28 hours for surgery. There is I now want to address the mental health a problem on the Gold Coast. They still need issue and the Minister's appalling response additional money and additional staff. But the during question time this morning. She said Health Minister thinks that that waiting time for that there was no indication of a lack of acute surgery is acceptable. As I understand it, beds in south-east Queensland for mental medical staff on the Gold Coast have said that health patients. Who on earth does she talk it would take about six hours for a person who to? Who on earth is briefing the Health was inebriated to be ready for anaesthesia. Minister? She certainly is not listening to the Yet a person in those circumstances still had psychiatrists in the AMA. The AMA put out a to wait more than 20 hours for very important press release last week in which it said— surgery. Obviously there is a problem when there are not enough people in accident and "A not uncommon scenario is for a emergency and on the operating staff to be patient to be sent from the Brisbane area able to deal with a situation like that and the to Nambour because none of the other priorities that are coming through the Brisbane Hospitals have acute psychiatric door. That that person had to wait so long is beds available." an absolute disgrace. The Minister has not In a question this morning, the member taken responsibility. She will obviously be for Indooroopilly outlined an example of a man looking for a scapegoat there, as well. who had threatened to kill his wife and himself. Then there is Bundaberg. We all know He had OD'd. He was taken to the hospital. that the Health Minister does not read her mail They could not get him a mental health about Bundaberg, because she signed off on bed—once he was cleaned up after having the closure of the general outpatients clinic in OD'd—and he had to go into a medical ward in Bundaberg. She sent me a letter three days a public hospital. I am talking about a man before she went up there and the media who had threatened to kill himself and his wife. asked her about it. She went all vague, If Government members think that is because she does not know what mail she appropriate, and if their Government thinks signs. Services in our regional hospitals are that is appropriate, and if the Health Minister being reduced. This Government is failing to thinks that is appropriate, then that is a fund those regional hospitals. It is also failing disgrace. to fund the hospitals in Brisbane. Psychiatrists from the AMA and the Royal This Health Minister is out of control. She Australian and New Zealand College of does not know what is going on. There is a Psychiatrists have been asking for a number of $50m blow-out in the Health budget. Surgery months for a review of mental health beds in lists are going through roof. And when it south-east Queensland. But the Health comes to people's real issues and real Minister stood in the House today and claimed problems, she does not know what is going to know nothing about it. I think that she had on. Furthermore, in light of the Health better start talking to those people who have Minister's claims that there were budget been calling for that. There is a need for a overruns carried into this financial year, and review. Members on this side of the House despite the Minister's Budget papers stating outlined an example of that this morning. that "as expenditure was within the approved There are other examples. budget no budget supplementation was 9 Mar 1999 Matters of Public Interest 331 necessary", the question will continue to be Mrs McGilvray's situation is, unfortunately, asked of the Minister: if she is claiming that common. It has been a common problem in there were budget overruns, is she still going areas of small populations. In having to wait to pay her director-general his $60,000 for specialised services, people have to put up performance bonus? with periods of considerable disruption to their Time expired. lifestyle. They are unable to make plans until the diagnosis has been completed and treatment undertaken. As we all understand, Cardiac Catheter Laboratory, Calvary people in such a situation live with a level of Hospital anxiety. This is difficult for not only the patients Ms BOYLE (Cairns—ALP) (12 p.m.): I rise but also their families. to speak about an innovative and very It is good news that, having a facility in important new health service for the people of Cairns, people in the far north of the State Cairns and the far north of Queensland. It is should not have to endure such waiting an initiative of Queensland Health and one on periods in the future. I understand that the which I happen to be well informed. I refer to start date for the cardiac catheter laboratory in the establishment of a cardiac catheter Cairns is July. However, that is a matter for the laboratory at the Calvary Hospital in Cairns. authorities at the Calvary Hospital to Through a contract which has now been determine. signed, this facility will serve both public and This unit is only proceeding on the basis private patients. of a contract between Queensland Health and As the former chair of the regional health Calvary Hospital. These public/private authority, I am aware of two earlier proposals arrangements are easy to support in principle, put to the Health Department for a cardiac particularly in regional areas where the catheter laboratory in Cairns. Neither of those population base will not support some of the proposals was successful. In fact, on both sophisticated and costly health services that occasions cardiac catheter laboratories were we would all like to have close to home. Our approved for Townsville. This has been a fairly present health system cannot afford such difficult pill for the people of Cairns and the far facilities. Patients in the Cairns area can use north to swallow. this public/private facility and this is obviously a We understood why the first laboratory positive and appropriate direction for the was established in Townsville. It is department to take. geographically more central and we The public/private arrangement means understood that the first facility should go there that patients can be looked after closer to so that people in the northern half of our State home. They are with their families and are not could have access to this important diagnostic worried about having to travel elsewhere for and treatment facility. It was harder when the diagnosis and treatment which are likely to be second proposal for Cairns and the far north of speedier. Disruption to people's work, social the State was lost. It appeared to us that and family life will be minimised. There will also people in Brisbane do not realise that it is not be a reduction in anxiety and concern over a just a matter of people in Cairns having to go patient's future health. to Townsville for treatment, but people from The public/private arrangement is a cost the far-flung communities of Cape York, the effective arrangement, though a difficult one to Gulf of Carpentaria and the Torres Strait. negotiate. The benefits for the private health These people have difficulty accessing sector—in this case Calvary Hospital—are services in Cairns and they are particularly apparent, particularly as we have seen a disadvantaged by being required to spend decline across Australia in the membership of further time travelling to Townsville. private health insurance funds. As a result of Another difficulty that will now be solved the decline in membership many private by the establishment of this service in Cairns is hospitals have faced funding difficulties. the problem of the waiting list. Yesterday a Mrs Australians wish to have a choice between McGilvray of Cairns was prepared to tell her private and public health services. In this case story in the Cairns Post about how she has the two services will work together and, as a been waiting since December for an result, Calvary Hospital will benefit and at the angiogram at the cardiac catheter laboratory in same time the public patients will be cared for. Townsville. Twice her test has been delayed In negotiating a contract between public and her best guess at the moment is that it will and private health services we need to be May, if she is lucky, before she is able to recognise that they are two different systems. travel to Townsville. The private health system is smaller and much 332 Matters of Public Interest 9 Mar 1999 more segmented, but is much quicker, others of us who know that the time will come therefore, in making decisions. It is much more when we or those close to us will require these based on the private business paradigm of services. It is great news for the people of getting on with the job without the imperatives Cape York and the Torres Strait because it of accountability and size that the public sector brings the services closer to them. must face. It is easier for a private health I congratulate the bureaucrats in Brisbane business, such as Calvary, to reach a future who have negotiated this contract with Calvary plan and to have the details ready for Hospital; they deserve the commendation of negotiation than it is for the public sector. In all people in far-north Queensland. I making such an arrangement, the public particularly thank the Minister for Health, sector has the normal concerns of ensuring Wendy Edmond, who has insisted that this that proper standards are met. This is contract proceed, despite the difficulties, in full particularly important when we are dealing with awareness of the advantages of this advance people's lives and wellbeing. for the people of far-north Queensland. On However, in making these arrangements behalf of very many people in north between public and private sectors there are Queensland, I thank the Minister and her staff. particular imperatives that the Minister has had This facility will be well received. to take into account, including: ensuring access for all people from across the far north; Sugar, Banana and Pawpaw Industries ensuring access to the facility regardless of income or any other socio-demographic factor; Hon. T. R. COOPER (Crows Nest—NPA) ensuring that the approach offered by a (12.09 p.m.): Queensland's $2.2 billion sugar private sector institution will be suitable to industry is in dire straits. In just over 12 public sector clients; ensuring that there are no months, world sugar prices have collapsed due differences in the services provided and the to the 50% currency devaluation in Brazil, the way the services are provided to public and world's biggest sugar producer and exporter. private sector clients; ensuring that the costs The New York futures contracts have fallen to are reasonable for the public sector to bear; US5.7c a pound from an average of US8.7c a and ensuring that there are sufficient numbers pound in 1998 and US12.1c a pound in 1997. to support a contract that will last well into the The price collapse comes on the back of future. extensive damage as a result of Cyclone Rona, Cyclone Sid and Cyclone Justin. Last These negotiations have taken some year, Cyclone Sid hit the Ingham, Tully and time. Several times I have been disappointed Townsville areas very hard and Cyclone Justin with the comments of Mr Frank Tuohy of hit Innisfail very hard, causing enormous Calvary Hospital when he has expressed his damage. Of course, Cyclone Rona has caused frustration over the time being taken in the damage on top of that. negotiations by Queensland Health. I believe that his frustration, so expressed, reflects his The article by Gordon Collie in today's understandable ignorance of the public system Courier-Mail about the sugar industry is and of the important standards of commendable. It is the sort of publicity that is accountability with regard to service and needed for these industries that have been hit financial management. These standards are and hit hard so that the State and the nation far more difficult for the Minister than they are can know that there is a problem of major for Mr Tuohy, who has only a single hospital proportions in the north of this State. There under his management. Nevertheless, those should be more coverage about these issues. comments of frustration about how long the Canegrowers in the far north have also negotiations have taken have spoilt the news, endured declining commercial sugar content to a degree, for people in Cairns and far-north levels, which have slashed growers' viability. Queensland. The industry estimates losses of the order of $200m from weather damage and low sugar The situation is as follows. We have a content. With the price downturn, those losses negotiated contract for the Calvary Hospital to are estimated at $500m this year. Sugarcane provide public patients as well as private is Queensland's most significant primary patients with the services of a cardiac catheter industry, worth some $2.2 billion, supporting laboratory. So long as Calvary Hospital's plans some 6,500 canefarmers, most of whom are run to time, this service will commence in July family farmers, and providing over 20,000 jobs. this year. This is great news not only for people The slump will have a huge negative impact such as Mrs McGilvray who are suffering on the viability of those family farms, those difficulties and require diagnostic tests and jobs and, of course, the Queensland economy treatment but also for their families and many as well. 9 Mar 1999 Matters of Public Interest 333

It is not only that the sugarcane industry Quite often, people in that area feel cut off has been hit and hit hard over the past two or from the south—be it the south of the State or three years, but also the banana industry. This the south of the nation. We must maintain the year, the banana industry is valued at about links that we have with the northerners to $160m. The losses for that industry alone are make sure that they are included. $100m. The pawpaw industry has also I believe that we are looking at a major suffered losses of about $10m. Those farmers natural disaster. It did not spring up overnight. have suffered from three cyclones and price Apart from the natural disasters caused by the downturns over three years. As a result of all of cyclones, the 50% currency devaluation by those losses, we should look at the issue of Brazil, which is the largest sugar producing crop insurance—that old thing again. The nation in the world, has had a massive effect State Government charges 8.5% stamp duty on prices. Therefore, we have a crisis that I on crop insurance. As an example, one farmer believe involves all Governments, local, State, paid a $30,000 premium on crop insurance for and national. I do not want to hear any more banana losses. The State Government's cop talk from the Government in this State or out of that is $2,550—8.5%. The New South anyone else making excuses and saying that Wales Government charges only 2.5% and the the Government in Canberra should do more. Victorian Government charges virtually nothing All Governments can do more. As the at all. The Borbidge Government abolished Government of the day, the members stamp duty on crop insurance and the Beattie opposite should show us a strategy—a policy Government put it back. I know that we have and a full rescue package—that outlines fully talked a lot about this issue, but we are going what is going to be done for those growers so to keep on talking about it until it is gone. that they know what sort of support they might Although people may think, "What is $2,550 be in line to receive. out of a $30,000 premium?" I can say that to Apart from abolishing the 8.5% stamp any farmer, be they banana growers, pawpaw duty, which should be a fait accompli, I believe growers, or sugarcane growers—it does not that the State Government should also matter what—$2,500 is a lot of money. It consider providing rates relief for those people, sends a message to them that the especially those in the Johnstone Shire but Government does not care about them, also for those in other shires as well who, even whereas when they are in such dire straits they last year, could not pay their rates. Those should be getting the message that the people could not pay their rates then, so I Government does care and will do something cannot see how they are going to pay them about it. now they are in an even worse situation. So rates relief is something that I believe can go I worry also about the effect that the 13- on the list of what the State Government can year low in the price of sugar is having on the do. We also need to get away from this Queensland economy. To its credit, the sugar business of saying, "They can just apply industry hedged its sales from last year to this through QRAA for a loan." The Minister knows year, so it was able to take advantage of and I know only too well that anyone applying higher sugar prices through some risk for a QRAA loan cannot fit within the management, for which it should be guidelines. commended. However, with the price now having dropped to such a low, there is not Mr McGrady interjected. much that the industry can do about it and the Mr COOPER: I am not talking about me, I growers are going to feel it. The member for am talking about the growers in north Hinchinbrook, Mr Rowell, has made very strong Queensland and those other people in the representations to both the Leader of the south-west of this State—people who have Opposition, Mr Borbidge, and me. To that end, been hit hard: grain growers, banana growers, we will be again touring the area right pawpaw growers, horticulturalists and throughout the north. We will be talking not sugarcane growers. It does not matter who only to all of those people who have been hurt they are; I am talking about people who have but also to people in small business, the local been hard hit by things that the member authorities, big business and the various cannot understand. That is the problem. groups and organisations. Most certainly, we Mr McGrady interjected. will be talking to those family farmers on the Mr COOPER: No, he does not. That is the ground who have been hurt and hurt hard. I problem. That is why those people are not commend the member for Hinchinbrook for his receiving any help from the Government, representations. Obviously, it is a massive part because it does not know what to do or how to of the State and it is of major importance. do it. I am telling the members opposite what 334 Matters of Public Interest 9 Mar 1999 to do and how to do it so that those people sure that we focus our attention Statewide and can be helped. Whether the Government nationally on those people who are now members like those people or not—and they suffering enormously, as I said, through no do not like them—they are still human beings, fault of their own. There has to be a coming they are still productive people and can be and together of the Governments. We cannot will be productive in the future. The main thing continue with the rhetoric that we hear is that we maintain them. constantly from members opposite about what I return to the loans. The fact is that those other Governments should do. We should be people cannot fit within the guidelines. QRAA spelling out clearly what the State Government says either, "No, you are not viable. Therefore, can do. I have spelled out three points. you do not qualify", or, "No, you are too viable. A Government member: What did you Therefore you do not qualify." do? Mr Musgrove interjected. Mr COOPER: Every time these situations Mr COOPER: That character occurred, the previous Government acted. I opposite—God knows what electorate he is am telling the members opposite what they from—is so insignificant that he does not really can do. They can start by abolishing stamp matter. The fact that he is from the city duty on crop insurance. The previous indicates how hopelessly ignorant he is on Government did that; the current Government such an issue. put it back. That is just one thing. The Government can offer rates relief for those Mr DEPUTY SPEAKER (Mr D'Arcy): people who are in dire trouble. There are Order! The honourable member for many, many things that the Government can Springwood should not interject from other do. than his correct seat. Time expired. Mr COOPER: All that members opposite can do is disparage and rubbish the people of north Queensland, particularly in their hour of Regional Communities Program need. I am going to continue to support those Dr CLARK (Barron River—ALP) people in their hour of need and spell out their (12.20 p.m.): Governments that lose touch needs very, very clearly. I am saying that there and stop listening to the community are voted is a national crisis in the making, because out of office. The Beattie Government has those people up there have suffered for up to learnt that lesson, and it has learnt it well. The three years now through no fault of their own. Cabinet now meets in regional centres every They have tried risk management—they tried three weeks and local people have all of those various methods for which they unprecedented access to the Premier and his should be commended—and after one natural Ministers. The success of that initiative, which disaster after another they are in trouble. commenced in July of last year in the seat of There has to be a coming together of the Mulgrave in far-north Queensland, is Federal and State Governments so that a indisputable and I commend the Premier for strategy can be devised that will rescue these the initiative. people. In time, those people always come back and pay their taxes. Time and time Another program that I want to talk to the again, that has been proven. House about today will also ensure that the voice of people in regional Queensland is both Mr Pitt: You raised a very serious point heard and responded to. That program is now before about the crop losses the banana under way. Last Friday in Cairns I joined the industry has had. I spoke to some banana Minister for Local Government, Planning, growers and they've suggested that perhaps Regional and Rural Communities, Terry with the labour-intensive nature of the Mackenroth, my parliamentary colleagues industry—— Desley Boyle and Warren Pitt, and over 500 Mr COOPER: This is a long interjection. I people from the Cairns community at a have only one minute to go. community conference to launch the Regional Communities Program in far-north Mr Pitt: It is very important. Queensland. This program is an initiative of Mr COOPER: I know that the industry is Minister Terry Mackenroth. It complements the very important. That is why I am speaking out regional Cabinet meetings and the existing in favour of it. I dare say that the member has work of the Office of Rural Communities, which also done plenty of talking about it. However, I provides a communication channel to doubt that his Government is doing nearly Government for people living and working in enough for those industries. We need to make rural and remote communities. 9 Mar 1999 Matters of Public Interest 335

The Regional Communities Program interest areas and then, in a small group involves eight regional centres throughout the setting, generate ideas and issues and report State. It will provide a means for regional back on their group's deliberations. I communities to identify and prioritise their congratulate the manager of the program, Nick specific issues and needs, and will influence Ryan, and his team who did an outstanding the Government decisions affecting their job of facilitating the process throughout the regions. Ministers will hear first-hand how State. Certainly the feedback I received in people in regional Queensland want the Cairns was overwhelmingly positive, even from Government to respond to their needs. people who regularly attend functions such as I refer to a Cairns Post article that was this and who, I can assure the House, are published on the Saturday after the quite discerning when it comes to methods of conference, which referred to some comments consultation. that were made by the Minister. The article I would like to share with members some states— of the highlights from the reports of those eight " 'I am here to listen to what you say,' interest sectors to give members a feeling for he told the 500 delegates from all over and a better understanding of the priorities of the Far North. 'What should the our region. These are only some of the issues Government do?' that have been selected from a whole range that were presented by each group. They Mr Mackenroth agreed it was no certainly do not comprise all the issues and longer good enough to tell people what priorities that the groups raised. the issues were. The business and industry group 'These days you want to work proposed that within two years all State together with us to achieve outcomes,' he Government decision-making policies and said. practices be allied with the region's own The minister said later the program identified economic destiny. The community would give the regions 'a direct line to the development group proposed the building of executive building in Brisbane'." an academy of sport and the arts in the region That is the kind of influence and involvement by the year 2000 to develop the potential of that people in regional Queensland are looking young athletes and performers in far-north for. Queensland. I will come back to that issue and discuss it in further detail at another time. The One of the key features of the program community support group's priority was to will be four quarterly ministerial forums that will establish regional one-stop shops for be held in each region each year. Two information referrals and issues advocacy, to Ministers will attend each forum, together with bridge gaps between clients, services and 20 local community delegates who will Government and to promote service represent the various social, business and development, to be in place by the next Government sectors that make up the Budget. community. Those members will be selected by local community leaders who will The education group referred to the need themselves have been nominated by the local to develop a strategic direction that has broad community. This process will be genuinely bipartisan support. It proposed that the driven by the community rather than by the Minister should set up a task force to develop Government. The forums will not just be a strategic direction for education for the next talkfests or an airing of grievances, because 5 to 10 years. The environment group called the Government knows that it is not good on Government to address sewage and waste enough to just listen; it needs to act on what it infrastructure, eliminate the impact on the hears and it needs to deliver to regional environment, and investigate and implement Queensland. The Ministers will report back innovative technology. The health group called either before or at each of the forums, for the provision of equitable health services describing the action that the Government has throughout the far-north Queensland region by taken concerning the issues or projects that outreach strategies such as community were raised at the previous forum. consultation, the review and prioritising of The agenda for the first ministerial forum funding resources and the establishment of a in each region will be set by the outcomes of task force to compare health needs and community conferences such as the one just resources. held in Cairns. At the Cairns conference, The law, order and justice group, including members of the community had an emergency services, wishes to see the opportunity to select one of eight specific utilisation of a broad range of programs and 336 Motor Accident Insurance Amendment Bill 9 Mar 1999 new innovative strategies to positively reduce your priorities? What should the Government the actual crime rates and prison populations. be doing with your money to make sure that it The group also called for classroom education really meets your needs?" I will leave the in responsibilities involving personal, family, matter on that note. As I said, I shall take up community and safety issues. That group also some of those particularly important regional proposed the broadening of public education matters at another time. programs of emergency services to enable citizens to obtain a better understanding of their roles and their responsibilities to MINISTERIAL STATEMENT themselves and their communities. It was Answer to Question Without Notice; particularly encouraging that the law, order and TABCorp justice group really seems to have received the Hon. R. J. GIBBS (Bundamba—ALP) message about how important it is to actually (Minister for Tourism, Sport and Racing) combat the causes of crime, that we must (12.29 p.m.), by leave: In October last year, in involve the community in doing that and that answering a question without notice I sought we need to develop innovative strategies. The to make an example of the predatory primary industries group, which obviously behaviour of the Victorian wagering company represents a very critical sector in our part of TABCorp in the Queensland club and gaming the world, recommended that there be market. On Wednesday, 14 October 1998, an recognition of the importance of primary article appeared in the Toowoomba Chronicle industries as the backbone of Australia's naming TABCorp as a likely financial backer of economy, remote regional infrastructure a new club venture involving the Toowoomba development and improved access to Clydesdales. In the opinion of the education and training. Government, this arrangement, which has That should give members a good subsequently been legislated against by the understanding of the range of issues that Treasurer, is against the spirit in which the people in regional Queensland, particularly gaming licence was granted to TABCorp by Cairns, are concerned about. I look forward to the previous Government. being involved in the forums as they progress. It is a well-known fact that Mr Healy, the As I said, two Ministers will be present at each honourable member for Toowoomba North, of those forums and local members will be had been chairman of the Toowoomba invited to attend them. I will certainly take Clydesdales during 1998. On 20 October last advantage of that opportunity. I will liaise with year my office telephoned the Toowoomba people in the various industry and sector Rugby League to seek details about the groups to ensure that they raise the issues TABCorp/Clydesdales issue raised in the that are important to them. It is essential that newspaper article. My office specifically asked communication takes place, so that people who the chairman of the Clydesdales was. A understand what the Government is doing and female staff member of the Toowoomba how it responds to those initiatives. Rugby League said that we should contact Mr In conclusion, again I congratulate the Healy or alternatively Mr John Barrett, who was Minister on this $7m program. Officers will be chairman of the South West Division of the stationed in each of the eight regional Queensland Rugby League. On that premise, community centres. Each office will have a it was assumed by my office staff and by me staff of three to facilitate the process and to that Mr Healy was still in fact at that stage the ensure that it delivers results for the region. At chairman of the Clydesdales club. It has come the conference, the Minister gave something to my attention that that was not the case, and of a warning that I think needs to be repeated I wish to formally apologise to the honourable to ensure that there is a degree of realism in member for any embarrassment that I may this process. The Cairns Post states— have caused him. "However the minister had a warning for anyone being too enthusiastic in their MOTOR ACCIDENT INSURANCE demands. AMENDMENT BILL 'Remember, the Government has to Hon. D. J. HAMILL (Ipswich—ALP) pay for what you want and that means (Treasurer) (12.31 p.m.), by leave, without ultimately you the taxpayer has to pay.' " notice: I move— It is important that people do not think that "That leave be granted to bring in a there is a bottomless bucket of money. We are Bill for an Act to amend the Motor saying to people, "This is the amount of Accident Insurance Act 1994." money that we have to spend, so what are Motion agreed to. 9 Mar 1999 Motor Accident Insurance Amendment Bill 337

First Reading providing a degree of flexibility in the timing of Bill and Explanatory Notes presented and reviews, enabling the Insurance Commissioner Bill, on motion of Mr Hamill, read a first time. to review the levies, administration fee and premiums at such times as warranted by scheme experience. Such an action would Second Reading only be taken more than once a year if the scheme experience dramatically altered. Hon. D. J. HAMILL (Ipswich—ALP) (Treasurer) (12.32 p.m.): I move— The amendment Bill also addresses a shortcoming in the legislation in respect of the "That the Bill be now read a second Government's handling of the Insurance time." Commissioner's recommendation. The 1998- In 1936 Queensland introduced 99 premium review highlighted a serious compulsory third-party—CTP—motor vehicle deficiency whereby the former Borbidge insurance to this State. In so doing it ensured Government, just prior to a State election that those people injured on our roads as a being called, avoided its responsibility by result of negligence were guaranteed taking no action on the commissioner's compensation and, likewise, the legal liability recommendation. On the change of of owners and drivers was fully protected. In Government in July 1998, as the responsible 1994, in recognising the lengthy delays in the Minister, I finally had to act on the settlement of claims and the lack of commissioner's advice and increase the rehabilitation assistance for injured claimants, premiums, whilst at the same time also the scheme was redesigned and new imposing a $3 loading on motor vehicle legislation in the form of the Motor Accident owners to cover the losses attributed to the Insurance Act 1994 was introduced. With the late introduction of the premium adjustment. objective of early resolution of claims, the new Such a gross mishandling of administrative legislation introduced strict time frames on responsibility, for purely political purposes, is both insurers and claimants. The scheme's deplorable. This amendment in the Bill will help focus on personal injury management has stop such irresponsible actions, as displayed been of immense benefit to those negligently by the former coalition Government, from injured in motor vehicle accidents. occurring in future. This amendment Bill brings about some The Bill also provides in special technical amendments to the operation of the circumstances for a temporary gratuitous scheme, but its main feature is to provide for insurance. Under legislation it is an offence to optional six-monthly registration/CTP drive an uninsured motor vehicle on a road or insurance, an initiative previously announced in a public place. A vehicle stopped by by the Government, with a planned enforcement officers and found to be implementation of early April 1999. As the unregistered/uninsured should not be moved former Minister for Transport, I am only too until the vehicle complies with all requirements. familiar with the financial burden on families of An enforcement officer, though, can authorise an annual combined registration and CTP the transport of a vehicle to a secure location. insurance bill. For those motor vehicle owners However, if the driver is involved in an accident who elect to take the half-yearly option, minor causing personal injury, the driver could be administration fees will apply. However, motor faced with the cost of the damages claims. vehicle owners are expected to welcome the Hundreds of thousands of dollars in costs are opportunity to split the annual bill. The not beyond possibility. surcharge will comprise a small additional The amendment in this legislation will premium of $8 for the CTP component, to provide the necessary insurance cover through cover the loss of investment income and the Nominal Defendant scheme. The cover will added administration costs, plus just a $6 fee be restricted to the terms and conditions associated with the extra work and loss of authorised by the enforcement officer under income by Queensland Transport in relation to the provisions of the Transport Infrastructure the registration component. (Roads) Regulation 1991. Conforming with the The Bill also makes changes in respect of authorisation under this regulation, cover has the premium review process. If the scheme is an absolute limit of 24 hours. The intention is going to continue with private sector to provide sufficient time for the driver to take underwriting and with the premium determined the vehicle home or to a safe place, as by Government, it is incumbent on the authorised. However, if it is later discovered Government to ensure that the premium is that there was a CTP policy of insurance in determined in a fair and independent manner. force at the time, the gratuitous insurance The Bill seeks to improve the process by should have no effect. It is not intended that 338 Corrective Services Legislation Amendment Bill 9 Mar 1999 the gratuitous insurance should lead to a "That the Bill be now read a second situation of dual insurance with any proportion time." of liability attaching to the Nominal Defendant The objective of this Bill is twofold—first, to Fund. abolish the Queensland Corrective Services Another technical amendment contained Commission and the Government owned in the Bill relates to the appointment of corporation Queensland Corrections and their referees. From time to time disputes arise boards; and, secondly to provide a head of between insurers over matters such as liability power for the management of maximum between tortfeasors or which insurer is to act security prisoners within the correctional as the claim manager. This situation is more system. likely to occur in the event of a multi-vehicle I would like to provide the House with a accident and it can be the reason for stalling brief summary of the report titled Corrections in the claim process, impacting on an injured the Balance—a Review of Corrective Services party's claim settlement. The amendment in in Queensland. This report, prepared by Mr the Bill will specifically identify the appointment Frank Peach and his team, was tabled on 9 of a referee as a function of the commission. February 1999 and fulfils obligations to review I would also draw the attention of the the operation of the Corrective Services House to clause 16 of the Bill. This is a (Administration) Act 1988 and the Corrective transitional arrangement. With the proposed Services Act 1988. The report made 58 introduction of six-monthly registration and recommendations for improvements to the insurance in April of this year, there is not corrective services system. sufficient time to undertake the procedural It was recommended that the steps specified in the legislation. For several Queensland Corrective Services Commission months now the Motor Accident Insurance and Queensland Corrections be abolished and Commission, the insurance industry and the replaced by a Government department. All Department of Transport have been working assets, liabilities and staff of the two agencies together to put in place the necessary will be transferred to the new department. It is mechanisms for the system to be available for important to note that, in making these motor vehicle owners. Stakeholders have not changes, the Government has made a been disadvantaged by the non-compliance commitment that no permanent staff will lose with the procedural steps set out in the their job as a result of the restructure. legislation. I commend the Bill to the House. In the course of the review, Frank Peach Debate, on motion of Dr Watson, and his team undertook extensive consultation adjourned. with staff about the operation of the corrections system and their role within it. As CORRECTIVE SERVICES LEGISLATION Minister, I spoke personally with most staff AMENDMENT BILL across the State in a series of meetings and telephone link-ups in relation to the Hon. T. A. BARTON (Waterford—ALP) recommendations. I have told staff that I am (Minister for Police and Corrective Services) determined that these changes will be made (12.38 p.m.), by leave, without notice: I with the least possible disruption to ensure move— safety for the community through the "That leave be granted to bring in a continued efficient operation of the correctional Bill for an Act to amend the Corrective system and stability for staff. Services Act 1988 and the Corrective As recognised by the Peach review, the Services (Administration) Act 1988, and Queensland Corrective Services Commission for other purposes." board had accomplished the outcomes it had Motion agreed to. been designed to achieve. Before the commission's establishment in 1988, the prison system was in crisis. The current First Reading commission and board structure was designed Bill and Explanatory Notes presented and to increase community input into reforms to Bill, on motion of Mr Barton, read a first time. overcome that crisis. The board's work was an important part of preparing our correctional system for the 21st century. Second Reading But times have changed. Today there are Hon. T. A. BARTON (Waterford—ALP) many more opportunities for community input (Minister for Police and Corrective Services) into the system, for example, freedom of (12.38 p.m.): I move— information, judicial review legislation and 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 339 regular stakeholder meetings—to name just a either tried to escape and succeeded—many few. The proposed Bill will further enhance on more than one occasion—or have put staff these remaining avenues of community input in danger through their involvement in through the establishment of a ministerial attempts to escape. The proposed advisory council, which will be broadly amendments also set out the basis for a representative of stakeholders. From a political maximum security order to be authorised. perspective, this structural amendment These orders will be limited to six months' reinstates clear lines of accountability between duration. However, consecutive orders can be the prison system and the Minister responsible made. for that system. These provisions are required urgently, as At the end of the day as Minister, the are all of the above amendments. We need a people of Queensland hold me responsible. system that keeps pace with the demands As it stands, if there is an escape or a death in confronting it, a system that cannot afford to custody, it is not the board—the policy relax in the eyes of the community, yet a makers—who are responsible; it is me in my system that has a responsibility to rehabilitate role as Minister. Indeed, the Leader of the and integrate offenders as best it can to Opposition appears to agree. In the Courier- ensure the community's safety. Queensland Mail on 24 October 1998, Mr Borbidge was needs a system that improves on the reported to have said— successes of the past, a system which "There has been a tendency in provides the security in our prisons which the recent years for Governments to hand public demands and is entitled to expect. control of the public administration of I commend the Bill to the House. certain policies to unelected commissions Debate, on motion of Mr Horan, or councils." adjourned. He continued— "They are not interested if the TRANS-TASMAN MUTUAL RECOGNITION Government of the day has delegated (QUEENSLAND) BILL responsibility to someone else because, at the ballot box, the someone else is not Second Reading accountable." Resumed from 6 August 1998 (see He further said— p. 1724). Hon. R. E. BORBIDGE (Surfers "Governments have not had their Paradise—NPA) (Leader of the Opposition) hands on the levers and have paid the (12.45 p.m.): I am in the somewhat unusual ultimate political price." position of speaking or responding to a Bill that We are now regaining hold of the levers and I had the privilege of introducing into this restoring the direct lines of accountability to the place. Needless to say, I find this splendid Minister. piece of legislation somewhat difficult to I would now like to turn to the criticise. However, I would like to make certain amendments to the Corrective Services Act comments and certain remarks, because this 1988 that provide a head of power for the is an important piece of legislation that has management of maximum security prisoners. taken some time to be debated in this place. The Bill outlines conditions necessary for a There is broad bipartisan support for the prisoner to be placed on a maximum security principles embodied in the closer economic order and then accommodated within a relations arrangements which bring Australia maximum security facility. The purpose of and New Zealand together in what is still the these facilities is to provide intensive world's best and most effective example of a supervision and management of prisoners who common market. In an uncertain world have been assessed as highly disruptive within economic climate, Queensland can only the correctional system. benefit from its entrenched place within the Of the group presently accommodated Australasian market created by CER. Our within the maximum security unit at Woodford, interests are directly served by strengthening 55% have committed murder. Of those, 15% the community of interest between Australia are multiple murderers and 45% have been and New Zealand. convicted of, or are under investigation for, Recent events have produced an impetus murders within a prison. This "hard core" group to look beyond the former almost exclusive of prisoners have a propensity for violence and focus on East Asia. Japan remains deeply must be managed accordingly. And 75% of mired in an economic morass from which it will prisoners in the maximum security unit have extricate itself only by the application of 340 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 political and fiscal measures for which, there has also been a delay under the Labor regrettably, it has so far shown little taste. Government in this State. Other East Asian markets, while beginning to In response to some of the concerns climb back from the depths to which they raised by the Premier at the time of his plumbed last year, are also looking at the introduction of the legislation, I say that the medium term at best for full recovery. Commonwealth legislation did attract some The North American Free Trade interest in the Senate which prolonged the Agreement countries—the United States of process in that particular jurisdiction. Indeed, America, Canada and Mexico, and, one senator in particular took it upon herself to increasingly, Argentina and Chile in South substantially delay the passage of that America—are looking to round out their legislation. I think that is a pity and something substantial advances within market free trade. the Democrats might like to take on board in CER stands as an example, albeit a small one, the light of the very special relationship we of the real benefits of ever closer cooperation enjoy with New Zealand and the fact that this and market convergence. had the support of all State Governments, as This Bill, which, as I indicated earlier, the well as the Federal Government and the Opposition fully supports, gives effect to the Government of New Zealand. Despite that, we international treaty binding Australia and New had this prolonged activity in the Senate which Zealand into further development of the CER led to some delays in enacting the legislation. process. Indeed, I was a signatory to that The effect of the Queensland Bill, which particular arrangement post Premiers mirrors the Commonwealth and New South Conference with the Prime Minister, with the Wales legislation, is that if goods may be New Zealand Government and with the other legally sold in Australia they may be sold freely State Premiers. In the new international in New Zealand, and vice versa. The environment it is no longer impractical to view Queensland legislation provides for some linkages between CER and trans-Pacific sensible restrictions on these freedoms so that markets as a viable policy option that could be important elements of existing State explored. regulations continue to offer Queenslanders The New Zealand link is important to the protection they are entitled to and which Queensland. It represents an additional de has long been part of our regulatory framework facto domestic market of more than three in this State. For example, the liberal rules we million consumers. It may not be going too far are passing through the Parliament do not to suggest also that it is an important affect Queensland laws regulating the manner balancing agent in the otherwise overwhelming of sale of goods, transport, storage or handling influence of the southern Australian market of goods under health, safety or environmental where Queensland, with its unique perspective regulations, nor do they impact on inspection and position in the Australian Federation, is of goods under the same provisions. concerned. The Opposition shares with the This Bill was introduced a year ago by the Government the desire to facilitate and coalition Government in the first full session of promote increased trade between Queensland State Parliament for 1998. Commonwealth and New Zealand and the generation of new and New South Wales legislation was enacted private sector jobs that will flow from increased in late 1997. New South Wales had lead trade. A stronger economy will add a further jurisdiction duties among the States. I notice layer of protection for Queensland against the that when the Premier introduced the Bill he increasing difficulties that affect many was somewhat critical that the coalition economies around the world, particularly in our Government had not progressed this region. legislation prior to the State election. I respond The Australia/New Zealand common by saying to the Premier that it is a pity the market is a powerful economic engine in the new Government's priorities in the spring regional framework. However, it is important session of 1998 did not include facilitating that all Governments proceed with caution passage of necessary Queensland legislation where competition policy and free trade relative to CER and its ongoing development. I particularly are concerned. We must always would not have raised this if the Premier had ensure that the playing field really is level and not been critical of my administration, but I that we are not allowing a situation to occur, as make the point, which I am sure he will take in has occurred in the past, whereby Australian good faith and the manner in which it is industries and Australian jobs are sacrificed to intended, that debate on this issue was devout economic rationalism, where major adjourned on 6 August last year. Obviously trading partners have not played the game 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 341 and reciprocated to the extent that this legislation comes to this place today with Governments on both sides of the political the support of the major parties in the fence in Australia have been prepared to do Parliament, who share a bipartisan approach over a number of years. in dealing with this matter. It is good National Competition Policy has been an legislation—I could not have drafted it better element of Federal economic policy which the myself—and I look forward to its speedy Commonwealth has used to increase its passage through the House. financial control over the States. It is now clear Mr MICKEL (Logan—ALP) (12.57 p.m.): I that across the political spectrum there is a also support the Trans-Tasman Mutual great deal of sympathy for the view that it is Recognition (Queensland) Bill. Before I make time for some serious rethinking of National some comments about the Bill, I will correct for Competition Policy, and I take this opportunity the House something I said last Thursday to welcome the Federal Government review night. I came into possession of a document into National Competition Policy at this time. which purported to be an apology from AAP That is long overdue and I express the hope about its coverage of statements by former that we will see responsibility for National Queensland Cabinet Minister Pat Comben. Competition Policy taken from the National While speaking during the debate I quoted Competition Council and Mr Graham Samuel from this document, saying that AAP accepted and given to the appropriate body, which in my that Mr Comben's comments had been view is the Council of Australian Governments, reported inaccurately and inappropriately. My that is, the Premiers sitting down with the statement was made in good faith and based Prime Minister and the Federal president or entirely on the document. Since then it has chairman of the Australian Local Government become clear that my statement was Association. inaccurate. I therefore unreservedly apologise In the context of the ongoing review of to the House and to AAP for inadvertently CER, we must use this opportunity to examine misleading this House. It is clear that AAP had progress and ensure that measures adopted nothing to do with the preparation of the through national policy or through international document. treaties, now properly subject to State This Bill is modelled on mutual recognition influence through the Treaties Council, are legislation in the European Community genuinely beneficial to all parties to the introduced in 1992. The completion of this agreement. mutual recognition regime makes the Closer I think one of the significant initiatives of Economic Relations agreement the only the Howard Government probably has not regional trading arrangement outside the been given the degree of attention that it Economic Union which takes into account deserves. That is, over a number of years we mutual recognition standards. had Governments running around the world The bilateral relationship has as one of its signing international treaties, and those most enduring aspects the free movement of international treaties never had to go to citizens of both countries, who may now live, Parliament. Those international treaties in work and study in either country without visas many cases were deemed by the High Court and permits. It will eliminate tariffs on virtually of Australia to carry the force of law. We ended all trans-Tasman trade. This finalises a process up in a situation where the Australian people of tariff reduction begun not just by the essentially had been bypassed in that Borbidge Government but in 1992, when tariffs particular process. The Howard Government on 129 items were reduced to the preferred established the Treaties Council, which British rate. comprises the Prime Minister, the Premiers and the Chief Ministers. It is a very worthwhile The current CER agreement was initiated and appropriate forum. For the first time we in 1983 and concerned itself with the reduction now have access by the States to the of tariff and non-tariff barriers against goods decision-making process that determines entering each country from the other. The whether the Federal Government of Australia second stage, between 1988 and 1990, will sign an international treaty. I think that is a accelerated the movement to free trade. This, significant change. then, is the third stage. It covers initiatives to Having said that, in my view CER has widen the trade and economic relationship to been an outstanding success. It has not been encompass a single aviation market and without its problems over the years, but it has mutual recognition of standards for goods and been an extremely worthwhile exercise. It is occupations. important that we support the ongoing Mutual recognition was modelled on the development of CER and that we accept that mutual recognition legislation in the European 342 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999

Community introduced in 1992. This Bill will Madam DEPUTY SPEAKER: Order! The make the CER agreement the only regional member should continue. trading arrangement outside the Economic Mr MICKEL: We, as legislators, must be Union that accommodates mutual recognition sensitive to the adjustment process being felt standards. by the communities who lost. We need a Australia has been the frontrunner in commitment to retraining displaced employees forging open trade groupings. Queensland is as well as developing an industry policy which the centrepiece for a very significant trade looks at opportunities for industry. In round which will help our great primary Queensland, I think we had a traditional focus industries. The group, which formed in on primary industries. Some might say that it Cairns—appropriately named the Cairns was over-focused on these to the exclusion of Group—consists of Australia, New Zealand, the development of an industry policy. The Uruguay, Argentina, Brazil, Chile, Colombia, Goss Government gave us a regional focus Fiji, Indonesia, Malaysia, the Philippines and when it opened a number of trade offices in Thailand. This group was significant in the the Asian region. And to its credit, the Uruguay Round negotiations on agriculture, Borbidge Government continued with this and which will benefit Queensland primary expanded it with the Indonesian office. The producers. The Cairns Group met in Sydney in Beattie Government's State Development April 1998 to work on a strategy for the next Department correctly brings the business round of World Trade Organisation development sectors into a trade focus. negotiations on agricultural trade, to begin this I think it is fair to say that what has been year. These groupings give Australia and New missing from our business sector throughout Zealand a clout they could never achieve if this century has been a trade ethos. We have acting individually. produced for the domestic market. Australia's The forum in our region which closely multicultural policy, so often derided by our resembles CER is the APEC forum, begun in opponents, actually strengthens our ability to 1989, focusing primarily on promoting open develop an export culture. It enhances the trade and economic cooperation as a prospects, because it can tap into networks cornerstone of Australia's regional trade policy. between chambers of commerce and business groups. My colleague the member for Sitting suspended from 1.01 p.m. to Sunnybank has reaffirmed that with me, with 2.30 p.m. experiences in his own electorate. Mr MICKEL: Under the Bogor Agreement, In applying this to New Zealand, a House APEC members are committed to achieving of Representatives Standing Committee on free and open trade by 2010. The Bureau of Primary Industries, Resources and Rural and Industry Economics—— Regional Affairs had this to say— Mr BORBIDGE: I rise to a point of order. "New Zealand is an impressive role Unless my eyes are misleading me, we do not model with its strong export focus in its have a Minister in charge of the business agricultural sector." before the House. New Zealand, with three million people, has Madam DEPUTY SPEAKER (Dr Clark): had to export. South Africa, with about six Order! Indeed, we do not. The Leader of the million people who could afford to buy most Opposition is quite correct. I will just consult fruits and vegetables, had to export. The same with the Clerk. The member for Logan may is the case in South America. With 18 million continue. people in Australia, it is a good-sized domestic market, and that is where many people stay Mr MICKEL: The Bureau of Industry focused. However, a better trade emphasis Economics has forecast that the reforms and a better trade focus is occurring. Trade contained in the Bogor Agreement could add liberalisation Bills such as this are in another $3.6 billion per year to Australia's Queensland's long-term interests. Tariffs can agricultural exports. Movements towards freer protect jobs in the short term but cannot trade create winners as well as losers. provide job security in the long term. They also Mr BORBIDGE: I rise to a point of order. It impose costs that reduce opportunities and is unprecedented in this place for—I see that a jobs in other more efficient and competitive Minister has just arrived. I was just going to industries. make the point that it is unprecedented in this Members of this House have implied that place not to have a Minister in charge of people do not mind paying a bit more for legislation before the Parliament. I just make highly protected goods. I am advised that the that observation. facts are that tariffs lift the costs faced by 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 343

Australian exporters by around 3%. Even In Queensland, with groups such as conservative estimates suggest that, in the Cotton Queensland and Cotton Australia, the past decade, the average Australian family cotton industry is one of the great success has gained around $1,000 a year from tariff stories. It exports 95% of its product. This year, reductions. Families have access to a wider its production will exceed one million bales. I range of affordable and high-quality products. understand that it has even taken over one of For instance, imported motor vehicles would the mills in the southern parts of America. The cost around 25% more if the 1988 tariffs still cotton gins in Goondiwindi provide significant applied. That represents an extra $5,000 on a regional employment. Now entrepreneurs are $20,000 motor car. And clothing and footwear getting into textile manufacture. I praise would cost around 14% more, that is, an extra particularly people like Sam Coulton and the $300 for the average family to maintain its people of Goondiwindi for their efforts in dress standards. working with the TAFE colleges and getting In the confidence motion debate, the this industry under way. I am very pleased to member for Crows Nest, in a state of perhaps show the House today one of the fine-quality high emotion, and certainly hyperbole, said— products made at Goondiwindi with Goondiwindi cotton. "Once upon a time we could actually build a car. Weren't we terrific! Now, we Mr Robertson: Table it. cannot build anything—everything has to Mr MICKEL: I do not want to table it; I be imported from everywhere." want to wear it. That company gave one to the I have spoken to the member for Crows Nest Premier, and even managed to produce one about that, and what he was referring to, of in his size. Full credit goes to the Queensland course, was the perception that is held in the industry. These things are happening right community. Perception it is, but it is certainly here in Queensland. It is a fine, outstanding not factual. Let us look at the facts. product, and one that is providing employment in regional Queensland. I would be delighted if Holden Australia is now the most we had a spinning mill here in Queensland as productive General Motors plant for medium a direct result of the cotton industry. volumes and the centre for engineering I also want to mention the Australian dairy excellence in the region. World exports could industry. This year, it will provide over $2.2 exceed $1 billion by the year 2000. Toyota in billion in exports, which is a phenomenal Australia is now more efficient, and exports are performance by any measure. Closer up from $47m in 1990 to $329m in 1996. economic relations with New Zealand have Mitsubishi has expanded its export production provided additional competitive pressures on in Australia. If we look at component Australia's domestic and export market manufacturers like PRR Automotive, Air activities. The current Domestic Market International, Bosch and VDO—Australia Support Scheme, which will phase out by 30 requires local car manufacturing to make June 2000, places our industry at a production in Australia viable, but all are very disadvantage to New Zealand. The DMS does much export oriented due to the small and not require the New Zealand Dairy Board to mature Australian market. pay the domestic product levy for New Zealand In the textile industry, which people products sold on the Australian domestic believe is nonexistent, Bradmill, which market. The majority of Australian dairy produces cotton and denim, Blundstone, companies believe that this places them at a which produces boots, and Gosh Leather have competitive disadvantage to New Zealand built export bases, whilst YAKKA and RM dairy products marketed on the Australian Williams have developed niche domestic domestic market. This arrangement, I must markets. Firms like ATCO, Incat and Austral stress, is not a result of this legislation. I Ships, which construct ferries, ERG, Keycorp, understand that some processors did not want which is influential in IT, and Air International, the levy imposed on New Zealand. I raise it which is involved in vehicle airconditioning, because we have to be very careful not to have expanded and created jobs. In the disadvantage ourselves in the name of primary industries sector, Australian food competition. I must say in passing, too, that producers like Australia Meat Holdings, Kiwi New Zealand prides itself on being totally Orchards, Ardmona, which specialises in deregulatory in dairying, yet it still retains a canned deciduous fruit, the Sumich Group, single-desk seller, the New Zealand Dairy which specialises in fresh and processed fruit Board, for its products, and it still has a big and vegetables, and Tassal, which specialises residual access into Europe under the last in Atlantic salmon, are doing well. GATT round. There are many Queensland 344 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 dairy farmers who would welcome that type of million strong market than it is for us to have access. access to New Zealand's tiny market of three There are pressures coming on the million. I wonder whether the Labor member Queensland dairy industry. There will be some for Fitzroy will oppose this Bill. He is rightly shake-out in the Queensland industry as the concerned about the jobs of his union post-farm gate deregulation comes into effect members. This Bill can only make things Australiawide next year. I want to praise the worse. I wonder whether the Labor member for Minister for Primary Industries for urging Mulgrave will oppose this Bill. He condemned Queensland dairy farmers to take out business the casualisation and globalisation of the plans to see exactly where they stand currently Australian work force and he spoke very in their operations and the price of milk that strongly against the National Competition they will need to make a profit. Policy and the damage that it has done. This Bill can only exacerbate the problem. Nevertheless, there is in Queensland at the moment significant investment by dairy Do these Labor politicians realise that processors, such as Parmalat and National Labor Governments have been responsible for Foods, which gives us room for confidence. In much of the damage that they are other words, my appeal to everyone is this: let complaining about? Likewise, coalition us talk up Queensland and Australian members should understand that their parties, prospects. Certainly, in some cases, factories along with the Labor Party, are responsible for have closed as a result of reforms, but in food all the bad policies inflicted on the Australian processing and a range of elaborately people over the years. As has been proved transformed manufactures, education, tourism over time, when it comes to economics, both and other services are performing well. Labor and coalition Governments have almost Contrary to the public perception, Australia's the same policies. This Beattie Bill is identical manufacturing sector has increased its export to the Borbidge Bill introduced into the growth. From 1986-87 to 1996-97, exports of Legislative Assembly on 17 March 1997. What manufactures grew by an average of 12% per is the difference between conservative and year in real terms, compared with an average progressive politics in Queensland? In this of 6% from 1976-77 to 1986-87. Of special case, absolutely nothing! note, growth of exports in elaborately When it comes to changing Queensland transformed manufactures, that is, those with laws to comply with Commonwealth law or a high value-added component, has increased international treaties, Labor and coalition strongly over the past 10 to 15 years. Governments alike trip over themselves in Manufactured exports have grown at nearly appeasement. The Trans-Tasman Mutual twice the rate of all other exports over the last Recognition Bill is only one of a multitude of 10 years. tangled bilateral and multilateral treaties that Trade liberalisation, on its own, is not Australia has signed and which continue to enough. It will need a coordinated policy overrule our domestic laws. approach, including financial and employment This Bill has been made necessary in packages targeting affected areas. Micro- order for Queensland to comply with the economic reform, including the labour market, Commonwealth Trans-Tasman Mutual has already shown its capacity for flexibility and Recognition Act 1997. This Act in turn was good management in the public and private derived from the Trans-Tasman Mutual sectors. This Bill is another step along the path Recognition Agreement which emerged from which Queensland and Australia have to travel the Australia-New Zealand Closer Economic to become a world competitive nation. Relations Trade Agreement of 1983. Going Dr PRENZLER (Lockyer—ONP) back a little further, we find the inspiration for (2.41 p.m.): The Trans-Tasman Mutual the Closer Economic Relations Trade Recognition legislation will allow any goods Agreement to be the Australia-New Zealand sold in New Zealand to be sold in Australia, Free Trade Agreement of 1965. Before the and will allow any person practising an Australia-New Zealand Free Trade Agreement occupation in New Zealand to also practise in we had the Australia-New Zealand Agreement Australia. How will we get unemployment down of 1944. in Queensland by opening the floodgates to What do all these treaties have in cheap New Zealand labour and imports? common? They are all supposed to be good What is Queensland, or Australia for that for us. By eliminating tariffs and globalising our matter, supposed to get out of this industries, employment is supposed to agreement? It is a far better deal for New increase and a better standard of living is Zealand to have open slather on Australia's 18 assured for all. One of the main objectives of 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 345 the Australia-New Zealand Agreement of 1944 remains for the existence and considerable reads as follows— expense of State Governments. "There should be cooperation in I see that in Schedule 4 of the Bill medical achieving full employment in Australia and practitioners are lucky enough to be exempt New Zealand and the highest standards from the operation of the Act. What is the of social security both within their borders justification for this exemption? I would think and throughout the islands of the Pacific." that dentists, veterinary surgeons, actuaries How miserably they have failed! Politicians can and even bricklayers and shearers will all be rattle off all the statistics they like about how cranky when they discover that they now have many jobs they created when they were in to fight New Zealand competitors for a slice of office but they cannot ignore the reality. The the business pie. reality is that there are about 2.5 million I notice that the High Court has just unemployed or under-employed people in decided that New Zealand television programs Australia, and I believe that in New Zealand are now classified as Australian content. The the situation is not much better. High Court said that our obligations under Despite the thousands of treaties that international treaties override our domestic law. Australia has signed, unemployment keeps I will say it again: the High Court has decided getting worse, crime is getting worse, drug that international treaties override our abuse is getting worse, and the Trans-Tasman Australian law. Mutual Recognition Bill will not make a bit of Let there be no doubt in our minds that all difference. The increase in centralisation of international treaties have legal force and they law-making and the shifting of power from the override our domestic laws. Even if Parliament State Government to the Federal does not enact legislation to comply with the Government—of which this Bill is an treaties, the courts consider them valid, as example—is reducing the justification for State numerous decisions of the High Court prove. Governments. The tendency for Australian law, Because of this objectionable agreement, and by extension State law, to be increasingly Australia may now have to accept potentially derived from international agreements means substandard food and other imports from New that less and less backbench parliamentary Zealand. These products may contain scrutiny is necessary or desirable. pesticides, heavy metals and anything else This is possibly why this Bill and the that the Australia-New Zealand Food Authority parent Commonwealth Act both contain Henry will permit. I wonder whether people are aware VIII clauses which allow the Act to be that the regulations governing the purity of our amended by regulation made by the Executive foods must now be lowered to meet our treaty arm of Government, completely bypassing the obligations with New Zealand. Our presently House. The Governor-General has the power low cadmium limit in foodstuffs must be raised to change a Commonwealth Act by regulation, because the Australian-New Zealand Food and therefore by virtue of section 109 of the Authority says so. Constitution the State law as well, completely Australia and New Zealand now have bypassing the Queensland Parliament. mutual recognition of occupations and The Scrutiny of Legislation Committee is professions, common food standards, and rightly suspicious about the Henry VIII clauses even television programming. Suddenly the included in this Bill. The predecessor to the concept of a common currency does not seem Scrutiny of Legislation Committee, the so far-fetched. But the question begs to be Subordinate Legislation Committee, had this asked: just how far will economic and legal warning about Henry VIII clauses— harmonisation be carried with New Zealand and other countries? At least New Zealand is "The solution to this problem lies in an English-speaking nation, fairly similar to our Parliament's own hands, for as long as own. But what will happen when we are forced Parliament permits the inclusion in Bills of to harmonise our laws with foreign countries clauses which allow the amendment of which have nothing in common with us and Acts by Orders in Council, it will continue whose people do not speak English? to place the scrutiny and control of its This Bill is just one more step in the legislation outside its own power." creation of a single global monolithic entity in Clause 4(1) of this Bill adopts the which Australia is being forced to discard any Commonwealth Act under Section 51 Part 37 valuable consumer protections in the emerging of the Australian Constitution. The more power "one size fits all" world economy. For these the Queensland Government gives to the reasons we express our opposition to such a Commonwealth, the less justification that Bill. 346 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999

Mrs LAVARCH (Kurwongbah—ALP) A law graduate intending to practise as a (2.48 p.m.): I rise to support this Bill. The solicitor in Queensland must serve either two Trans-Tasman Mutual Recognition Bill is a years' articled clerkship to a solicitor or logical step in the continued integration of the complete the one year legal practice course Australian and New Zealand economies. The conducted by QUT. Persons who complete objective of this Bill is to eliminate regulatory that one year course receive a conditional barriers to the movement of goods and service admittance and must serve as an employed providers between Australia and New Zealand. solicitor for one year in order to obtain a full In his second-reading speech, the Premier practising certificate. In New South Wales, a highlighted that this Bill will promote an law graduate must complete one of the increase in trade between Queensland and practical training courses recognised by the New Zealand which should, on all accounts, Legal Practitioners Admission Board. In increase job opportunities for Queenslanders. Victoria, a law graduate must complete either For Queensland businesses considering or a period of one year as an articled clerk or the participating in trade with New Zealand, red course on practical training run by the Leo tape and costs will decrease and trade should Cussen Institute. In Western Australia, a law be more vigorous. graduate must complete one year as an Access to a larger market coming and articled clerk before gaining admission. In South Australia, a law graduate must complete going across the Tasman will, of course, the five-month graduate certificate in legal increase competition and suppliers of goods practice to qualify for admittance. In Tasmania, will need to ensure efficiency to cope with that a law graduate must either complete the six- increase. However, for the consumer greater month legal practice course followed by a one- competition means more choice. In allowing year articled apprenticeship or complete two for mutual recognition of registered years as an articled clerk. In the Australian qualifications, the Bill will also make Capital Territory, a law graduate must appointments easier between the two regions. complete the five-month legal workshop As with the mutual recognition scheme course to qualify for admission. Finally, in the covering Australia, occupations are considered Northern Territory, a law graduate must equivalent if the activities authorised to be complete one year as an articled clerk before carried out under each registration are being admitted. As members can see, there is substantially the same, whether or not this a great variance in the admission requirements result is achieved by the means of the between the States and the Territories. imposition of conditions. The Commonwealth As a practical matter, the admission of a Administrative Appeals Tribunal may make a solicitor or barrister in Queensland under the declaration that occupations carried on in two mutual recognition laws is more of a paper jurisdictions are not equivalent if certain facts admission rather than an initial admission to exist. Alternatively a Minister from New enter the roll. Under standard initial admission Zealand and a Minister from each one or more procedures, a graduate who qualifies for Australian jurisdictions may jointly declare that admission by completing the legal practice specified occupations are equivalent or course, articles of clerkship or, for a barrister, describe conditions that will achieve the bar practice course, is admitted by the equivalence. Supreme Court under the Supreme Court I want to take the opportunity today to rules. Where an interstate admitted solicitor or look at a matter of which I have a particular barrister applies for admission to practise in interest. In my contribution today, I want to Queensland, under the mutual recognition recap and review mutual recognition in laws this admission is authorised by the Australia in relation to the legal profession. The Supreme Court registrar upon the receipt of legal profession is covered under the the correct forms and fee without any Australian mutual recognition scheme and will formalities. be covered by the proposed trans-Tasman I understand that at the time mutual scheme. Under the Australian scheme, lawyers recognition of the legal profession was first who are admitted to practise in one State or discussed, the Australian legal profession was Territory are deemed to be allowed admission presented with a choice: it could either in others despite the fact that different formulate a national uniform standard or be admission requirements for lawyers still exist forced under the mutual recognition legislation from State to State. If one looks at each to recognise and work with colleagues from State's admission requirements for lawyers, interstate who may have been admitted in one finds the following: in Queensland, we still their own States with so-called lesser have a divided profession. qualifications. For many of the professions, this 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 347 trend is the impetus behind moves to create a are far too advanced to fit under the existing uniform national admission standard. mutual recognition regime. Although mutual However, what has been implemented for recognition has gone some way towards the legal profession is merely a national facilitating a national market for legal services, acknowledgment of 11 core subjects that must considerable barriers remain. Admission and be completed in a law degree to satisfy the entitlement to practise in one jurisdiction do academic admission requirements of any not entitle a practitioner to practise in all other State and Territory. Aside from requiring that jurisdictions. Rather, interstate practitioners these core subjects are studied, the admission must apply for recognition and pay for requirements still vary from State to State. At admission and practising rights in each State present, there is no uniform national admission where recognition is sought. standard aside from the 11 core subject I have been and continue to be a keen requirement. Further, in response to the threat, advocate of a national legal profession. Since the Law Council of Australia presented to the its inception in colonial Australia, the legal Council of Australian Government proposals profession has been organised around each for a national legal services market. The State's jurisdiction. Before mutual recognition, proposal was a detailed document titled The the argument against the mobility of the Blueprint for the Structure of the Legal profession was that each State had its own Profession, a National Market for Legal laws and each State's laws are different. More Services. The general principles in this and more we are seeing uniform legislation blueprint were developed by a network of being initiated from a Federal level and committees and working parties established by enacted in each State. Many areas of law are the law council and its constituent bodies in now covered by Federal courts. July 1994. The focus of the law council's work was to establish the key elements of a national This leads me to the last point that I legal services market in which there could be wanted to make in today's debate, and that is, easy mobility of practitioners between the ability of the Parliamentary Scrutiny of jurisdictions. The objective was to establish a Legislation Committee to adequately scrutinise system whereby a lawyer who is admitted and Commonwealth legislation. I know that has a right to practise in a State or Territory will previous committees have continually raised be entitled to practise anywhere in Australia this point and it has been raised again by my without having to meet any further own committee. Bills that form part of the requirements. national scheme legislation impact upon the institution of the State's Parliament bringing in In a letter to the then Prime Minister and that legislation. In fact, I understand that other COAG members, the then Law Council scrutiny of national scheme legislation is a hot President, Stuart Fowler, said that for a topic for a number of States. Of course, the national legal services market to operate reality is that once legislation is passed in the efficiently it was essential for a lawyer who Federal Parliament there is little or no practised in more than one State or Territory to opportunity for a scrutiny of legislation be subject to the rules and regulations which committee in a State to determine whether the were substantially similar throughout Australia. Act meets fundamental legislative principles for To further this aim, the Law Council developed that State. its blueprint for a national market, which aimed to keep the standards and practice at a high The objective of this Bill is to make level. It includes uniform requirements for Queensland a participating party in the trans- practical legal education before and after Tasman mutual recognition arrangement by admission, the establishment of a national national scheme legislation via adopting the committee to accredit the nation's law schools Commonwealth Trans-Tasman Mutual and a uniform code governing legal practice Recognition Commonwealth Act 1997. The throughout Australia. There was also a Commonwealth Act implements the mutual national specialist accreditation scheme recognition principles. However, under the proposed. Commonwealth Act these principles are Concerns expressed regarding mutual subject to a number of exclusions and recognition were that it might encourage a exemptions. These are on the grounds of levelling down to the lowest common public health and safety and protection of the denominator. A national model may alleviate environment. that problem. New mutual recognition In addition, the Bill sets out in detail that legislation for the legal profession would need this mutual recognition scheme will not affect to be enacted for the Law Council's blueprint the operation of Queensland laws regulating proposal to be implemented and its reforms the manner and sale of goods; the 348 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 transportation, storage or handling of goods They have done very well. They can show us a and directed at protecting health and safety or thing or two; we can learn from them. They preventing environmental pollution; or the perform very well in the international inspection of goods if the inspection is a marketplace and they are very good at prerequisite to sale and the laws are directed packaging. In certain areas, I have looked at at protecting health and safety or preventing them with some respect. However, at the end environmental pollution. It also restricts sales of the day any cooperation that we can to goods that can only be sold legally in engender between New Zealand and Queensland. ourselves can only be to the benefit of both. The Bill also makes several attempts to We are talking about a mutual ensure that any future changes affecting the understanding—a Bill of cooperation—to operation of the scheme in Queensland will ensure that we maximise our opportunities in not occur without the consent of the the marketplace, not just for Australians and Queensland Parliament. Predetermined New Zealanders but also for the rest of the legislation and predetermined amendments to world. This is particularly so for Asia. State legislation have raised strong objections While Asia has its problems, it is still a from State Parliaments. major outlet for Australian and New Zealand products. Together, we can penetrate that It has also been essential to the market. We can learn from each other and argument that there should be a process benefit from the fact that we have had a long whereby the States have input into the scrutiny association. We are ANZACS; broadly of the head Commonwealth legislation. This is speaking we have a similar history, we have an evolving concept and, no doubt, the similar laws and a similar outlook on life. We Scrutiny of Legislation Committee of the want to see each other prosper. I think that Queensland Parliament will be making its anybody who stands in this House and says contribution to the national debate. Having that we should take a regressive step in our said that, I still welcome the legislation and relationship with New Zealand is not living in look forward to a new and more mature the 21st century. Unfortunately, such a person arrangement and interactions with our trans- must be living in the 17th or 18th centuries. Tasman neighbour. I commend the Bill to the That has certainly not been my view from my House. experience in the trading area. Mr SLACK (Burnett—NPA) (3 p.m.): It had I do not want to knock One Nation, not been my intention to speak to the Bill, because obviously that party has some because I expected the House to be universal supporters who feel that jobs would be under in its support for it. However, I was prompted to threat through increased imports from speak after listening to the contribution of the wherever it may be. However, I return to the member for Lockyer who, for some reason or point that 80% of what we produce is other, sees great dangers in the Bill before the exported. There are many opportunities to House and feels that we may be swamped export to New Zealand as there would be with imports from New Zealand. Over many opportunities for New Zealanders to export to years, we have had a strong two-way trading Australia. Surely Queenslanders can compete relationship with New Zealand that has in the marketplace, which is what we are being presented many opportunities for us. That will asked to do. We should have every continue to be the case. This legislation can confidence that we can do that. only further those opportunities. I cannot If we do not have the confidence to understand anybody in this House having such compete in the New Zealand marketplace, a regressive and negative attitude towards the how can we have the confidence to compete potential strengthening of ties with a country in the marketplace in Japan or the US, where that can give Queensland increased we are doing very well, thank you very much. opportunities for jobs and prosperity. For the information of the Premier and the We are a trading nation and over 80% of House, I state that we took the initiative to what we produce is traded. We must enhance diversify our trade into markets other than all opportunities to further our ability to export Asia. That move meant no disrespect to Asia, what we produce. For example, my own area but the reality was that we saw that it was of Bundaberg has many horticultural producers unwise to have, as some people say, all our who export to New Zealand. I cannot for one eggs in one basket. We also realised that we moment understand how anybody can feel are competitive in the US and European that we cannot compete if we are going to markets. Australians and Queenslanders can operate in the marketplace with New Zealand. take pride in the fact that our products are as I pay every tribute to New Zealand exporters. good as any products from anywhere else in 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 349 the world, and I defy anybody to say extent that countries such as Korea will have differently. For example, the backdrops that virtually no tariffs. As a country that exports are produced in Queensland for the movie 80% of our goods, that can only be to our industry are equal to or better in quality than advantage. We need to encourage trade those produced in California and they are cooperation between countries. As I have said, cheaper. One will find the same thing in the we have already diversified into Europe, the European market. What we produce is as Arab countries, Africa and the US. We must good as anything that the Europeans produce diversify wherever we can. We need to foster and it is cheaper. Of course, the problem is the close cooperation between all of the countries Asian market, where our goods may be a little with which we have built up a strong trading more expensive but our quality is better, so it is relationship. In other words, we should not a matter of weighing quality against quantity. forget Asia. We should maintain those markets At the end of the day, the Queensland in their time of need. Having said that, now is coalition Government took the decision to not the time to be regressive or to even think diversify into markets such as Europe and the about not endeavouring, as best we can, to US and, as the Deputy Premier mentioned this have closer cooperation with New Zealand. morning, the UAE and other Arab countries. Mr ROBERTSON (Sunnybank—ALP) Last year I led a delegation to the UAE, which (3.09 p.m.): I rise to support the Trans-Tasman resulted in very positive signs for increased Mutual Recognition (Queensland) Bill and trade with the UAE. I also led a delegation to some of the statements made by the the US, which also had very positive results. I honourable member for Burnett, in particular do not have the figures in front of me, but his response to the member for Lockyer's trade to those countries has expanded quite disgraceful contribution to this important substantially. Africa and India are also debate. When I put my name onto the list of potential outlets for Queensland trade. There speakers for this debate, I noticed that no One are plenty of trade opportunities, but we have Nation members intended to make a to be very positive about approaching those contribution. Although we hear a lot of bluster opportunities. If we adopt a negative attitude, from One Nation members about the reduction we will find ourselves going backwards. People in tariff barriers destroying the country, when will find themselves out of work and the push came to shove they did not show. Given farming communities that export their produce the contribution of the member for Lockyer, it will lose their international markets if we would probably have been a better option for approach this issue in a haphazard or a timid One Nation not to have put any names onto way. the speakers list. While I am on my feet I shall speak a little Today in this House, in respect of a vitally about tariffs, because there is some fear that important issue, we yet again heard a Australia, being a low tariff country, is at the contribution from One Nation without any basis mercy of other countries. The fear is that those in fact whatsoever. During his contribution, the countries will look after themselves and will member for Lockyer admitted that he does not increase their tariff barriers or will enforce tariffs want to know the true position or what the that we cannot compete with. The reality is statistics show, because that does not suit that tariffs throughout the world are coming One Nation's argument. Statistics can be cited down. It is easy to say that Japan, China and proving that over the past 10 years since the elsewhere have not reduced their tariffs CER was signed exports from Australia to New significantly and that they still have tariffs of Zealand have increased by 300% and imports 50% or 100%. However, in many cases over from New Zealand to Australia have increased the last few years tariffs have been halved. In by 250%. However, One Nation members do the future, we need to position ourselves to not want to know about those facts, because take advantage of the lowering of tariffs they do not suit their position. throughout the world. Currently, we are not As the member for Burnett said, I do not taking advantage of them to the extent that know how we can achieve a 300% increase in we should be. exports and at the same time not generate I know that the problems that, for jobs. That defies logic. For example, I do not example, Korea is facing are putting it under know how we can increase exports of motor pressure. It is the same with Japan, China and vehicles manufactured in Australia from a other Asian countries. However, as yet I have value of $2,719m in 1986-87 to $11,300m in not seen any signs that they are not 1997-98—a 400% to 500% increase—and not progressing with their program of lowering create jobs in our economy. I recommend to tariffs. Early in the next century we will see the member for Lockyer an interesting quite a significant lowering of tariffs, to the quarterly publication by the Australian Bureau 350 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 of Statistics titled International Merchandise I wish to read into Hansard a letter that I Trade. That publication not only outlines our received from one of those students who export and import performance country by comes from India. He was speaking about the country, it also examines and puts a value on value of this initiative, as he saw it, in every other category of Australian production establishing a closer trading relationship and exports. The December quarter 1998 between his family's company in India and edition shows how our export performance has Queensland companies. He states— grown dramatically over the past 10 years. "We thank you all for the concern However, for its own very narrow and ignorant shown, and for giving us the platform to purposes, One Nation does not wish to talk up present our products and ourselves. We the victories and improvements in Australian have representatives in the areas of export performance under both Labor and Textiles, Plastics and chemicals, Food coalition Governments; it wants to talk us down Industry, Handicrafts, Minerals, Electronic all the time and tell untruths about the effect of goods. We have reasons to show that we tariff reductions. are interested in building constructive Mrs Lavarch: They don't understand. trade relationship with Australia." Mr ROBERTSON: As my friend the He goes on to speak about his interests in member for Kurwongbah said, they simply do developing trade relationships with not understand. Queensland. Of his family's company, he states— However, I do not wish to speak only "... we have representatives who have about One Nation in my allotted time; I wish their own manufacturing base in India, as also to speak about another trade initiative also we have agents as representatives that will prove to be extremely beneficial to for Indian firms, it would be easier to Queensland. Entering into trade agreements is negotiate and have face-to-face only part of the equation in improving communication"— Australia's and Queensland's export performance. It also takes imagination by both as a result of coming to Queensland to study Government and industry to explore new ways for his MBA. Yes, he is talking about exporting to establish strong trading relationships. To this goods from India to Australia, but that is the end, I will mention a new initiative by the nature of trade. Trade cannot be one way. If Graduate School of Business at QUT, which we want to expand our trade horizons, we has the support of Rotary, the Australian have to expect that potential trading partners Industry Group, the Queensland will want to do the same. I know it comes as a Confederation of Commerce and Industry and surprise to One Nation, but that is how trade the Department of State Development, to works. He then stated— leverage trading opportunities over time from "Some of us are interested to the international students who come to promote Australian products in India Queensland to study for their MBAs. because of the superior quality or better technology, especially to cater to the QUT recognised that these students, who needs of growing discerning customer come from all over the world—India, the South profile." Pacific, China, other parts of Asia, America and Europe—more often than not come from He is obviously talking about the emerging families with significant business interests in middle class in India. He goes on to speak their countries of origin. It also recognised that about some specific opportunities. These the experience of students while studying in opportunities arise from the fact that this Queensland was overwhelmingly positive. A young man is studying an MBA at QUT. His couple of months ago, one of the lecturers at family owns businesses in India and, the QUT School of Business, Mr Ken Gilbert, interestingly enough, they also speak English. approached me with the idea of placing these I appreciate that the fact that they may not students with Queensland industry as a means speak English was a difficulty that One Nation to gain practical experience and establish expressed earlier in respect of closer economic contacts and partnerships which could be ties. However, when he was talking about the developed further when these students land of the stranded diphthong, I perhaps was returned home. With the help of the with him for a while. Department of State Development this pilot The way forward for Australia is to pursue scheme, although still in its infancy, can this initiative and use our contacts at whatever provide an additional means to promote level and supplement them with international Queensland overseas and create new trading trade agreements. There is no other option. opportunities. We cannot put up the walls again and hope 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 351 that the rest of the world will go away. It does had from what I have seen; we are having the not work that way, and not one job will be same difficulties, because we do not want to created by taking the path that One Nation see people out there paying for water which is suggested today. going to undermine their ability to survive. Hon. P. D. BEATTIE (Brisbane Central— The honourable member for Burnett ALP) (Premier) (3.19 p.m.), in reply: I thank spoke about this—one of the things that I put honourable members for their contribution to on the hold. Had the National Competition this debate. In particular, I thank the Policy gone ahead in letter form, a lot of Opposition for its support for the Bill. I will not farmers around Bundaberg—and I know the respond to the point that the Leader of the member for Bundaberg would share this Opposition made about the delay with this Bill. concern as well—would have been the first hit. I think he waited two years before he I would not, and the Cabinet would not, let it introduced it, but those trivial matters do not go ahead for that very reason. We were deserve to be raised in this House. As he concerned about what it meant. We have knows, I promised new standards and I do not written to the Prime Minister. There have been intend to raise those sort of issues. some changes in terms of the implementation Having said that, the Leader of the program, and I want other changes in terms of Opposition did raise some interesting points in National Competition Policy so the farmers in relation to National Competition Policy, and by the honourable member's area are not and large I share his view in relation to them. I disadvantaged. They do not generally support think I should advise the House that I have my side of politics. That has nothing to do with written in the strongest terms to the Prime it. This is bigger than politics; this is about Minister, urging him to review the role and getting a system of Government where we, in authority of the National Competition Council. I fact, control it. have implemented policies which ensure that I totally agree with one of the things that only those competition reforms which pass a the Leader of the Opposition said. It will stun public benefit test will be implemented. I have him as much as it will stun other members of maintained Queensland's position in respect of this House. The control of National major reforms to achieve our competition Competition Policy should be taken back to payments without selling off all our assets, as the Premiers. It should not be handled by they have in Victoria. This is a very important some independent body over which the duly point. elected people have little control. We have to In many respects the sale of public assets remember in all these things that National in Victoria, such as the electricity industry, is Competition Policy on its own can lead, as it going to deprive future generations of their has in Britain, to large private monopolies in opportunity to control that industry in their own the control of water and other natural assets, if State. My concern is that it will be controlled by one wants to put it in those terms. What is the the boardrooms of New York and London, and point of having water in the control of a private I do not think that is in the interests of regional monopoly? How does that improve the lot of development or Australian development. In people's lives? It does not. particular, I think National Competition Policy At least if someone is unhappy about the works very much against States such as electricity supply they are getting or unhappy Queensland. If one considers that Melbourne about the quality of the water, what do they has something like 70% of Victoria's do? They can get on to their local member of population, one sees that changes that can be Parliament, they can turn it into a public issue made in smaller States—and in a sense it is if it is of such significance and they can almost a city State, if you look at the size of change Government. Governments have been Melbourne—cannot be made in States such changed on the basis of the provision of these as Queensland, where only approximately sorts of services—important, life threatening 46% of the population live in the capital city. services in some circumstances, or certainly Therefore, when one is trying to maintain services that impact on people's quality of life. services to regional and country Queensland, Governments have been changed on the there must be Government control of natural basis of them. That is the ability of an assets or resources, such as the electricity electorate to change the Government if they industry. Water is another one. At the moment do not like the services they are getting. we are constantly battling with the National Competition Policy removes the Commonwealth over water. As the former control, and we need to do something about Premier will know, this was an issue that he that. I have to say that it is time that all sides had to deal with. I know the difficulties that he of politics in this country at a State and Federal 352 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 level rewrote the national competition rules the history of Australia and New Zealand, they and laws as they exist. I have to say that we were talking about New Zealand becoming the are doing everything we can to achieve it. I seventh State. was delighted to see the unanimous resolution Mr Schwarten: It's closer than Perth. of this Parliament last year in relation to National Competition Policy. We have used Mr BEATTIE: It is closer than Perth. that extensively in contact with the Federal Mr Borbidge: They were nearly part of the Government and we will continue to use the Federation. unanimous resolution of this Parliament to try to get those national competition rules Mr BEATTIE: That is exactly the point. changed. They were going to be the seventh State and, as the Leader of the Opposition says, they Mr Paff interjected. were nearly part of the Federation. Mr BEATTIE: I did not hear the interjection. New Zealand is Queensland's second largest market for international tourists. Yes, In terms of the point that the Leader of we have to recognise their product standards, the Opposition made in relation to treaties, I but it is increasingly the case that those think it is important to say that, while Mr standards are jointly determined between our Howard, the Prime Minister, certainly did countries. That is the bottom line. The member introduce new treaty arrangements in 1996, it for Lockyer unfortunately is confused when he is my understanding that the Honourable Paul refers to the High Court case involving Keating was responsible for developing those television content. The High Court ruled that in processes for the Commonwealth. I think it is terms of the Closer Economic Relations regrettable that to date only one meeting of agreement, Australian and New Zealand the treaty's council has been held. It should products in a number of sectors would be meet annually, and I will be encouraging the considered as one. There is nothing new in the Prime Minister to maintain his commitment to ruling and it works to Australia's advantage. It the treaty's process. works to our advantage, particularly for Queensland has led the development of consumers, who end up with greater choice in the treaty's protocol for States and Territories. relation to purchasing products, including Officers of my department coordinate State television. and Territories' input to the standing The bottom line is that—and we have to committee on treaties. That is an issue that we appreciate this—there are trade blocs forming will keep an eye on. The Trans-Tasman Mutual in the world. The European Union with 480 Recognition Arrangement is a very good million people now has the Euro. We have the example of cooperation between the cooperation in the United States between the Commonwealth and all States and Territories US, Canada and Mexico and its trade alliance. in the development of a treaty under the We need to have trading partners with whom protocol. The TTMRA is dependent for its we can trade. That is the bottom line. Australia success on the support of the States and is trying to enhance that with New Zealand—a Territories. I thank the Leader of the long-term relationship. The world is so Opposition for his contribution. competitive we cannot do it on our own. It is I think it is important that we address that simple. those issues raised by the member for Lockyer I think it is worth making this point. Our because they should not be allowed to be on difficulty—and this is reflected in a number of the public record without being addressed, Government policies—is this: there are only 18 although I understood that the member for million of us. We do not have the huge market Burnett made some appropriate remarks a that the United States does of 240 million plus little earlier. I note the concern expressed by their partnerships with Canada and Mexico. the member for Lockyer about freeing up trade Europe has 480 million people. What do we with New Zealand. The point about all this is do when we have a small domestic market? that he is too late. I think the member for First of all, we have to use our brains, which is Logan made some reference to these issues why we keep talking about smart State, about as well, and so did the member for education and about training; but we export. Sunnybank. The issue is that the member for That is the key to it because export means Lockyer is too late. jobs. The most valuable thing that we can do New Zealand is one of Australia's major to be competitive in the world of exports is to trading partners. We sell lots of products in have a well-educated, well-trained work force. New Zealand and they sell lots of their That is the competitive edge. Any smart products here. At one stage in the early part of economist in the world will tell honourable 9 Mar 1999 Trans-Tasman Mutual Recognition (Queensland) Bill 353 members that. What we then need to do is to did when the previous Government was in find those things that we can export. office. We supported the opening of the One of the things the Government has Shanghai office and we have kept it open. been trying to do is value add when it comes Why? Because it was a good decision. I to primary produce, to find whatever value supported him when I was in Opposition. Now adding opportunity we possibly can. In some that Labor is in Government, we support the senses the previous Government pursued this Shanghai office. In the same way, when the policy, too. Queensland Governments have coalition reopened the Los Angeles office I been pursuing this for some time. We have went there and we did it in a joint fashion. added to it. Why? My Government and I are committed to trade, because trade means jobs. Mr Mickel: Value added cotton. We will continue to have an aggressive Mr BEATTIE: Cotton is a good industry. I approach to trade opportunities. That is why I know that the cotton industry is in the middle have been to China. I went to northern Italy to of a debate about spraying, but cotton is a talk to Teksid, I went to Germany to talk about relatively new industry that is worth $500m to film and about coal opportunities, and I also this State and $1 billion to New South Wales. went to London. Honourable members know It is a $1.5 billion industry. that the German coal industry is removing the Things are changing. I know that my old subsidies and moving away from the nuclear home town of Atherton now has sugar where industry. For the first time in a generation there there used to be tobacco. The strategy is to is an opportunity to get into a new coal market. value add to primary industries—to value add I spoke to the Mining Council about this the to raw materials. The light metals industry—the other night. It recognises that opportunity. Teksid foundry, the smelter at Stanwell and so These are the sorts of things we have to do. on—is so important to us because it is value Teksid is something we have to pursue. It has adding down the line. Of course, we also want been around for a while—I accept that—but to continue to do well with tourism. we have to get out and pursue those sorts of opportunities. We are trying to do the traditional things well, but then we get to the second part of the I put this very clearly on the record today: strategy, that is, we are trying to do something honourable members will see under this about increasing opportunities in technology. Government a very aggressive attitude The regional headquarters of Dascom is towards trade opportunities overseas. We do something the coalition was pursuing for have to lead trade delegations. I led a trade Queensland and that is now a reality. This delegation to Europe. The honourable State is trying to get high technology ventures. member for Burnett led trade delegations. Not No more will the technological engineers be once did he get criticism from me about it. Nor going to work in Silicon Valley. As I understand did the member for Surfers Paradise when he it, the head of Dascom is an Australian who went on those trips as Premier of this State, went to Silicon Valley and has now come back because they were valuable trips. We will be to head up Dascom on the Gold Coast. So the doing the same and we will be taking every brain drain that was going on a few years ago opportunity. We will be looking at the United is being reversed. States. We will continue our relationship with Asia. The next stage in all of this is finding new I agree: of course we have to maintain industries, such as biotechnology. The our presence in Asia. That presence has to be University of Queensland has some of the maintained during the difficult times, because leading people in the world when it comes to if we are friends during the difficult times we will biotechnology. Not only do we have to do the be even better friends during the good times. traditional things well and value add to those; Asia will come back. No-one should be under we have to get to the next stage, and that is any illusions about that. South Korea is find the future industries, the industries of the coming back faster than most people think. next century. That is what we have been Sure, there is still a year or 18 months to go. seeking to do. Taiwan has held up very well. China has held A number of members on the up very well. All the pundits who said that the Government side referred to trade Chinese currency would be devalued were opportunities, as did members on the other wrong. Hong Kong has had its ups and downs, side. In all of this we have to remember that but it is still solid. Japan has not done as well trade means jobs. That is the bottom line. The as most people would like to think, but it has former Minister for Trade, the honourable bottomed out and is slowly starting to come Doug Slack, made some reference to what he back, and the world's second biggest economy 354 Trans-Tasman Mutual Recognition (Queensland) Bill 9 Mar 1999 has held up—not as well as we would like, but honour of being the Premier of this State I will it has held up. be knocking on every door I possibly can—in Sure, there are some problems in Asia, in Europe and in the United States. Indonesia, but we have a particular I ask the House to let me be political for a responsibility as well as a particular relationship minute. One of the things that disappoints me with Indonesia which means that we have to about the Federal Government is that the do what we can to develop those trading Prime Minister is a stay-at-home Prime partners. Thiess Contractors are there in a big Minister. That is not good enough. The Prime way. So is Telstra. There are a large number of Minister of this country should be out there in Australian investors in Indonesia and they the world, selling our opportunity. Outside of have to remain. what we are trying to do—we are a new The member for Sunnybank made some Government—do honourable members know points about India, as did the member for who does more selling of Australia than Burnett. India is our third biggest importer of anyone else? It is Jeff Kennett. People in coal. It is a big future market for us with its some parts of the world would think he is emerging middle class. Malaysia is on the way Prime Minister! Kennett should be doing what back. It has some political issues and he is doing. We will be doing that sort of thing. problems, but the economy is solid. Thailand is I know that other State leaders—Bob Carr and starting to come back. As I indicated to the others—are still trying to do it as well, but the House, I had lunch with Jeff Kennett and the Prime Minister and the Federal Government Prime Minister of Singapore and the Premier need to play a more aggressive role in selling of South Australia in Melbourne last Friday. Australia to the world. We can see Singapore's optimism. While the In many respects we are a long way away Prime Minister of Singapore was very glowing from the rest of the world. Distance is getting in his view of the Australian economy he shorter. If we want that long-term structural knows that, while we are solid, they are solid development, if we want the Teksids to come as well. here and invest in our light metals industries What does all of that mean? That means and if we want to develop joint ventures into that we are on the doorstep of the biggest Asia, then we have to get off our tails and do market in the world—Asia. We can understand it. Ford's enthusiasm when we talk about light I have to say—I have told the House metals. We can understand magnesium this—that I was disappointed when I visited opportunities. We can understand Teksid's Italy a couple of weeks ago. When I sat down interest, because as the middle classes with the Australian equivalent of Austrade and emerge in India, in China, in Indonesia, in they were talking about coming to Australia, Malaysia and in Thailand—you name it—the they were talking about going to Sydney and demand for cars of the future, lighter cars Melbourne. Members can imagine how well admittedly, which is what this is all about, will this went over with me. grow. Certainly the opportunities for us are Mr Schwarten: We want them to come to significant. Rocky. We have enormous opportunities to take Mr BEATTIE: We will do this in stages. I advantage of that. There is bipartisan support said that that was simply not good enough. I for and agreement on these sorts of made it very clear that we would be going agreements because this is the way to the back. I am not necessarily talking about me, future. I say to the member for Lockyer that we although I would love to if the opportunity were have to not think of yesterday. We have to available. In September we will be having an think of today and of tomorrow. We have to exhibition of Queensland companies— plan these things. If we do not have some Australian companies, but obviously future industries, if we do not plan for the Queensland companies—in Milan to showcase future, then my children and his children will what we can do. We will be inviting a range of not have jobs. We cannot simply be insular in Italian companies to come here in the lead-up these matters or there will not be a future for to the Olympics next year because the Italian any of us. Olympics team is, in fact, training in As the House can see, the economic Queensland. We will use that as a leg-up to strategy I have set out, in a thumbnail sketch, I highlight the opportunities that exist in this guess, will give some idea of what we are State. trying to do. It is the only way ahead. That is Those are the sorts of things we have to why we have to be aggressive and get out in do. We have to be in those places. Frankly, it the world. As I said before, while I have the is about time that we in this State and in this 9 Mar 1999 Land and Resources Tribunal Bill 355 country accepted that political leaders actually Hon. R. E. BORBIDGE (Surfers have to get out there and promote their States Paradise—NPA) (Leader of the Opposition) or their countries in the world. The ones who (3.43 p.m.): The Opposition will not be stay at home achieve nothing. That is why, opposing this legislation, but we do have some when the Leader of the Opposition went concerns which I will raise during this speech. overseas on his recent trip, I refused to be However, I understand that the Government, critical when some wanted that, for the very by way of amendment at the Committee simple reason that I think it was a valuable trip. stage, may well be addressing a number of It was an important trip. The alternative the concerns that I will be raising. I thank the Premier of this State should be out visiting Premier for his courtesy in advising me earlier various countries to be equipped to deal with today of those proposed amendments. those sorts of issues. The Premier of the day The need for a State-based alternative to should be out there selling the State, as well. a Perth-based, Commonwealth-run, national As Doug Slack, the member for Burnett, Native Title Tribunal handling native title knows, not once did I criticise one of his trips matters in this State and land matters in this overseas, because I saw that as promoting State has been clear for a long time. The this State. That is why we should lift the current Premier's Labor predecessor wanted to blinkers and the nonsense we hear about establish a State-based tribunal as long ago leaders going overseas. If there is an action- as the immediate wake of the passage of the packed itinerary, and people are out there totally unworkable Native Title Act way back in doing their bit to promote jobs, then that late 1993. He did not do so because he could should be the agenda that everyone not reach agreement with the then Labor understands is important. In terms of primary Prime Minister on funding and related matters. produce—and a number of members opposite The coalition could not do so in Government represent electorates where there are because of Labor's delays in the Senate over significant primary sector opportunities—we the response to the Wik judgment of the High have to get out into the world and sell those Court. opportunities, as well. Native title, which had been a mess under This legislation does have bipartisan the original Mabo-based Native Title Act, support. I did not intend to speak so long, but I became a farce after the Wik case, which thought that, after the contribution of the affirmed the doubts we on this side of the member for Lockyer, it had to be put in House had long been seeking to make clear to context. If we do not put it in context, we end the people of this State. We were parodied for up with a nonsense debate which does not that stance by honourable members opposite, advance this State one bit. I am not prepared but history and time proved that we were right. to allow that to happen. Now, finally, almost seven years after the Mabo judgment, Labor is at last moving on Mr Schwarten: It's going to cost us jobs. this significant side-bar issue in dealing with Mr BEATTIE: It will cost us jobs, because native title matters. It comes an inexcusable trade means jobs. I will say that again: trade nine months after Labor finally let a very means jobs. compromised Wik response through the Senate. The template was there in July. The Motion agreed to. Native Title Unit within the Premier's Department had done the work. There is Committee absolutely no reason why this legislation could not have been on the statutes many months Clauses 1 to 8, as read, agreed to. ago. It is, frankly, staggering that it has taken Bill reported, without amendment. this Government so long to respond to this issue specifically, and that it has chosen to do so in such a piecemeal approach. In the Third Reading Northern Territory and in Western Australia—the other two parts of this country Bill, on motion of Mr Beattie, by leave, where native title issues are a major concern read a third time. for Government—legislation was put before the respective Parliaments in a coordinated LAND AND RESOURCES TRIBUNAL BILL fashion. We have had to put up with a situation in Queensland in which each leg of Second Reading the response has been dealt with separately. Resumed from 19 November 1998 (see This is the third—and not the last—time p. 3459). we have debated native title under this 356 Land and Resources Tribunal Bill 9 Mar 1999

Government. We should have got it over and which found that the Mining Warden had done with in one go. Even after this, we will be denied natural justice to a central Queensland revisiting the topic again when we deal with the pastoralist. The court found that the warden heritage issues. I warn the Premier today that had taken evidence from South Blackwater we will not be as helpful next time if the Coal after closing public hearings and without confidential draft plan on heritage matters is notifying the pastoralist, Mr Edward Wall. even approximately reflected in the final There is no doubt that many in the pastoral version, which may yet be many months away. industry were heavily critical of the Wardens That draft showed it is very clear that the Court and believed that its decisions were intention of the Government is to provide an biased towards mining companies. I do not extraordinarily broad definition of cultural wish to pick sides in that dispute, but whenever heritage matters that will simply deepen the there is a situation in which a court has lost the bureaucratic nightmare confronting almost any confidence of many in the community, land issue in the State these days, as a result remedial action is required. of the Labor Party's determination to seek the In February last year, the Department of edge of the envelope for the extension of the Mines and Energy, at the direction of the then reach of native title at every turn. Minister, the then member for Tablelands, So with that timetable behind us, and with released a discussion paper on the court. That the work still to be done, it is just ridiculous for document outlined a number of worthwhile the Premier to claim that he has fixed native reforms aimed at bolstering the court and title, as he contends he has. Of course, he has tackling some of the major concerns that not. He is dawdling his way through it with a industry bodies had. quite biased approach that will ultimately bite, This reform process has been overtaken and bite hard. The delays that have been built by the need to establish a State-based body into land management in this State by the to deal with native title issues affecting the rush by Labor politicians and their fellow mining and pastoral industry, and I am sure travellers—the Greens, the Democrats and that amalgamating the bodies is sensible and Senator Harradine among them—to maximise will hopefully help to build bridges to persons its impact are still with us. Certainty in the and groups who felt that they were not getting pastoral industry is therefore still a very long a fair go. One step that will help in this process way off. Certainty for the mining industry is still is the explicit requirement that the tribunal a very long way off. We are nowhere near as must observe the rules of natural justice. far down the track as we should have been. A similar requirement is absent from the Very pointedly, the establishment of this Minerals Resources Act, and although there is tribunal is a precursor to Commonwealth most probably a common law requirement that approval of the alternative State provisions the Wardens Court observes this basic related to sections 43 and 43A of the element of procedural fairness, it is better that amended Native Title Act—the right to it be made explicitly clear in the legislation negotiate provisions. Until this tribunal is up establishing the new body. Landowners, in and running, the alternative State provisions particular, should be very pleased that their cannot come into play. We dealt with 43 and concerns about not having a fair go, and being 43A last year, when we had the extraordinary treated fairly, are, in part, being addressed. decision of the Government to maintain a full- blown right to negotiate for mining on pastoral Section 26 of the Commonwealth Native land—a decision which is going to slow Title Act provides that the right to negotiate development in this State and cost us jobs. applies to the creation of a right to mine. As Even though we dealt with that last year, it is a the Premier pointed out when introducing this dead letter until this Land and Resources Bill, that includes not just mining leases but Tribunal is up and running. So that is the cost also tenures that allow exploration and of this piecemeal approach. That is the cost of prospecting and the extraction of petroleum or a can't do Government. The Opposition gas. However, the activation of the right to supports both the establishment of an negotiate is avoided if the Commonwealth independent State-based tribunal and the Minister approves alternative State provisions amalgamation of the Wardens Court with the that comply with sections 43 and 43A. new body. One of the key elements of obtaining It is no secret that there is considerable Commonwealth approval for alternative State dissatisfaction in some quarters with the provisions is the establishment of an operation of the Wardens Court. This independent body which will hear objections, dissatisfaction is best exemplified by the which body will include a member of the decision of the Court of Appeal in late 1997 national Native Title Tribunal. In addition, an 9 Mar 1999 Land and Resources Tribunal Bill 357 independent State body is required to be body to the Attorney-General and the established pursuant to section 24MD to deal Department of Justice and Attorney-General. with disputes concerning compensation for the However, I would say to the Premier that this compulsory acquisition of native title rights and body is not a court. It cannot operate as a interests. court and I am not convinced that the I will not repeat at any length the president of this tribunal should have equal Opposition's concerns with the way in which status to a Supreme Court judge, especially as the Beattie Labor Government failed to the person holding that position will not be a address the real concerns of the mining judge of that court. industry with the alternative State provisions The Supreme Court is the superior court enacted to deal with section 43A situations. of this State, and this or any Government The right to negotiate process that will be should exercise suitable restraint before inflicted on the mining industry under the State creating ad hoc tribunals and investing their Act was unnecessary, will add extra costs and members with a position and status the uncertainty to the industry and generally is equivalent of the superior court of this State. counterproductive. However, that Bill has been There is no requirement in the Federal Native passed and we have to deal with the merits of Title Act that we do this, and I would be this Bill independently. interested to know what motivated the One matter on which I would appreciate Government in elevating the president to this clarification is the relationship between the status. I formally request that the Premier, as presiding and the non-presiding members of the responsible Minister, responds to these the tribunal. I note that the Premier has been concerns in his summing-up. I would also be called from the Chamber, but I trust that the interested to know whether the Attorney- Minister in charge of the House and the General consulted with the Chief Justice on officers are taking notes of these particular the matter and whether the Chief Justice is in issues. I suspect that they may be dealt with, concurrence. as I indicated earlier, in some of the A further matter which requires some amendments that the Government is comment is the fact that, although hearings of proposing. the tribunal must be open to the public, The Premier has indicated that this new proceedings may be heard in camera if the body is not a court. It is subject to ministerial tribunal believes that it is in the interests of override. Its presiding members are not judges justice to do so or it would allow culturally of the Supreme or District Courts. Yet the Bill sensitive issues to be appropriately dealt with. provides that members of the Land Court will This is a provision that will be needed from be non-presiding members. Following the time to time. Nevertheless, in the Western recent High Court decision in Kable's case, I Australian legislation there is a provision that have some doubts about the legality of this its equivalent body may take account of arrangement. Certainly Land Court members cultural and customary concerns of Aboriginal are judicial officers, yet under this Bill they are peoples but not so as to unduly prejudice a being treated differently and poorly in party to the proceedings. comparison with the presiding tribunal I am sure that before the tribunal members. I would like the Premier to address exercised its discretion under clause 48 to hold this issue in his reply, and in particular whether hearings in camera it would try to avoid there are any legal or constitutional problems prejudicing other parties. But I think that there in having Land Court members sitting with is considerable merit in putting this matter members of this tribunal in an inferior capacity. beyond doubt. I would suggest to the Premier Under this Bill the president of the tribunal that consideration be given to clarify the Bill in will be treated in all respects as a Supreme due course to ensure that, in exercising this Court judge and the deputy presidents as discretion, appropriate consideration must be District Court judges, even though they will not given to the prejudice that may be caused to be members of the Supreme or District Courts. other parties. I would also specifically request Appointees will have lifetime tenure and will that the Premier addresses this issue in his only be able to be removed in the same response. manner as if they were either respectively a The success or otherwise of the tribunal Supreme or District Court judge. will in large part be determined by how quickly, I certainly support every effort to make the simply and effectively it deals with matters tribunal an independent body, and for that which are currently heard by the mining reason I support the transfer of responsibility warden. It will be essential that the rather for the administration of this statute and this complex nature of this tribunal, with presiding 358 Land and Resources Tribunal Bill 9 Mar 1999 and non-presiding members, and with various If the Commonwealth does not agree and referees performing different tasks, does not a member of the national Native Title Tribunal prevent non-native title matters being participates in tribunal matters, who pays the processed effectively. As important as native expenses of that Commonwealth member? Is title is—and I should add cultural heritage it the State or the Commonwealth? Has this issues as well—it would be an absolute matter been raised and resolved, and if it has, tragedy if we forgot that this tribunal has to what is the outcome? The Premier said in his deal with all of the various matters that were speech that Queensland officers are previously dealt with by the Wardens Court negotiating with their Federal counterparts under both the Mineral Resources Act and the funding assistance issues, so I assume that, if Fossicking Act. these are live issues, then they would have I recognise that the Premier has indicated been discussed thoroughly in that context, and that day-to-day proceedings will be able to in that regard I would welcome the Premier's heard by single member panels and that as advice to the House. minimal a disruption as possible will be caused When in Government I directed that all of to current processes under the Mineral the native title policy and legal areas be Resources Act. Just last December, the amalgamated into one division within the Government decided to appoint a second Department of the Premier and Cabinet. I did it mining warden with a third in reserve. The with the clear appreciation that it is essential Minister for Mines and Energy said, and I that the Premier's Department take charge of quote— high-level discussions with the Commonwealth on native title. In particular, I was acutely "There is an urgent need now to start cognisant of the need for high-level clearing the backlog of cases which have coordination when it came to issues of accumulated over the last couple of financial assistance, as this will be essential if a years. It is time to firmly address this State-based regime is to be set up and matter with action." function properly. It is with this background in No-one in this Chamber would disagree with mind that I raise these issues, because without those sentiments, but it would be a retrograde a proper understanding at the outset of the step indeed if the new tribunal did not give respective roles of State and Federal tribunal sufficient time or priority to non-native title members and who is going to pick up the tab, matters. I seek some information from the there is the potential for ongoing problems as Premier as to how, administratively, the well as Federal/State disagreements. I would tribunal will be structured so that proper priority ask the Premier to inform the House when the occurs and general mining and fossicking next series of Bills relating to native title and issues are dealt with in a timely manner. cultural heritage matters will be introduced into this Chamber. The Premier pointed out that the Anyone with even a passing knowledge of Commonwealth Native Title Act requires that a native title knows that there is an ongoing member of the national Native Title Tribunal overlap with cultural heritage matters. Ever must participate in the determination of an since Justice Evatt issued her report on the objection under the alternative State provisions review of the Commonwealth Aboriginal and regime. He indicated also that the Torres Strait Islander Heritage Protection Act a Government's preferred position was that little over two years ago, there has been a presiding members of the tribunal become considerable amount of debate as to the members of the national Native Title Tribunal. future of Queensland's Cultural Record No doubt discussions with Commonwealth (Landscapes Queensland and Queensland officials have taken place about this matter, Estate) Act. Ideally, there is merit in having a and, if that is the case, I wonder whether the single, cohesive approach to native title and Premier can indicate the attitude of the cultural heritage, with miners and pastoralists Commonwealth. Is the Commonwealth not being confronted with different processes, minded, as a matter of principle, to appoint different principles and different litigation. members of the proposed State tribunal also There is also no argument about having as members of the national Native Title proper legislation in place to prevent improper Tribunal? I raise this point because if the interference with burial remains and cultural Commonwealth does not agree, there are a heritage sites and places. In the past, the range of financial, administrative and logistical mining industry has attempted to properly issues that then have to be addressed if the negotiate with indigenous representatives State tribunal is to operate efficiently and cultural heritage management strategies that effectively. protect important sites of significance to 9 Mar 1999 Land and Resources Tribunal Bill 359 indigenous peoples but at the same time allow fair State-based regime for dealing with mining legitimate exploration, mining and activity affecting native title rights. I understand infrastructure placement activities to occur. that this legislation has caused some concern I say to the Premier that there is growing for Aboriginal and Torres Strait Islander people uncertainty and unease in the mining and who have specified the need for an effective pastoral industries about the way in which the and truly independent arbitral body in State is proceeding with its review of determining the issue of land rights. Queensland's cultural record legislation. Any What I will outline today demonstrates reforms to cultural heritage laws and practices that, through this Bill, this Government will will have to be handled very carefully indeed. achieve an independent, fair and just tribunal. Already the mining industry is looking offshore Of equal importance, the legislation sets out for opportunities in a way that we would never clearly the rights of indigenous people, have envisaged a decade ago. This including sensitivity to their culture in the Government must be vigilant and not put in workings of the tribunal. The Land and place any further legislative or administrative Resources Tribunal is not about ensuring that barriers to job creation by the mining or the mighty mining dollar wins at all costs. It will pastoral industries. Subject to what I have make fair decisions about the rights of outlined, and subject to the response to the indigenous people and their legally recognised concerns that I have raised in the Premier's rights to their traditional lands. The Bill will reply, the Opposition will be supporting the Bill. promote and protect those rights. Hon. J. C. SPENCE (Mount Gravatt— This Government recognises the ALP) (Minister for Aboriginal and Torres Strait fundamental cultural importance of Islander Policy and Minister for Women's maintaining the strong links between Policy and Minister for Fair Trading) Aboriginal and Torres Strait Islander people (4.04 p.m.): I believe that it is truly an historic and their traditional lands. We respect the day in the Queensland Parliament as the common law recognition of native title reflected coalition offers its support to one stage of the in the Wik and Mabo decisions of the High Queensland Government's native title Court. We are committed to reconciliation and legislation. It is also an historic day because at to improving equity and fairness for all lunchtime today the Government hosted a indigenous Queenslanders. This Government Women in Reconciliation lunch. That is the first also recognises the need to give the mining time that such an event has occurred in the industry a clear process so that it can proceed precincts of the Queensland Parliament. It was with projects with confidence—a move that will truly a wonderful lunch. Two women who were have a positive effect on job creation in this at the forefront of reconciliation and the native State. title debate spoke to us about what the I think that it is important to put the process meant to them, and I refer to Auntie Government's position on native title in Ethel Munn and Camilla Cowley who, I believe, perspective and outline the substantial inroads showed the rest of Australia just what could be that we have made since coming to office just achieved in the spirit of cooperation, goodwill eight months ago. In July last year, the and preparedness to listen. They really taught Queensland Government established a Native us all a lesson about native title and tolerance. Title Task Force to prepare its response to Other speakers at the lunch included Jackie amendments to the Commonwealth Native Huggins, a number of elders from the Brisbane Title Act. Premier Peter Beattie chaired this and Queensland communities, and some task force to demonstrate the seriousness with Waanyi women from the Northern Territory. which this Government takes the issue of Reconciliation takes many forms. native title. It was a difficult challenge and was Sometimes it is about public events where of critical importance on two fronts: firstly, the people have the opportunity to openly native title issue had created a great deal of demonstrate their feelings with respect to community division that had been born from a reconciliation, sometimes it is about the campaign of misinformation and political point Government listening to the needs of scoring combined with some genuine Aboriginal and Torres Strait Islander misunderstanding and fear; and, secondly, it Queenslanders, and sometimes it is about was vital for the State's job creation policy to enacting legislation such as we are doing give industry a straightforward and clear today. process so that development projects could I am pleased to speak to the Land and proceed with confidence. Resources Tribunal Bill 1998, because I That led us to a critical shift in policy from believe that this Bill establishes a sound and a system based on litigation to one that was 360 Land and Resources Tribunal Bill 9 Mar 1999 underpinned by negotiation. It was a legislation, which was passed by this fundamental shift that allowed the Parliament in November, promotes negotiation Government to get all interested stakeholders over litigation. It sets out clearly a number of involved in developing a process for future detailed processes to apply in different development activity. That was significant, as it circumstances, depending on the type of was the first time all parties had been brought activity proposed and the type of land tenure together anywhere in Australia to find a involved. For instance, some exploration cooperative solution to the conflict that had activity has minimal impact on land and water. surrounded native title for so long. It was three In those cases, the legislation provides for a months of intense consultation and simpler, faster process with an obligation on negotiation, but finally we formulated a developers to consult traditional owners. response that was built on the principles of For a major development that has the acknowledging native title rights and giving potential to impact seriously on native title industry a clear, less costly and less time interests there are a range of procedures to be consuming process. That led to the followed. These include a limited right to development of three pieces of legislation negotiate for native title holders on most land which would underpin the new native title and a full right to negotiate on unallocated regime. These are the Native Title State land. The requirement for proper (Queensland) State Provisions Act, the Native notification and negotiation in each case is set Title (Queensland) State Provisions out in detail, with the maximum time for any Amendment Act (No. 2) and the Land and proposal to be finally determined set at 12 Resources Tribunal Bill. I will speak in detail months. There are built-in provisions to militate about the Land and Resources Tribunal Bill in against any attempts to stall or subvert a moment, but I think it is important that I put negotiations. This second piece of legislation the whole package in perspective by also provided for the establishment of an explaining a bit about the first two pieces of independent tribunal to make final legislation. determinations on whether a mining activity In line with the Commonwealth should proceed in cases where negotiation amendments, the Beattie Government's first fails to secure agreement between the native piece of legislation passed in September title holders and the miner. confirmed the extinguishment of native title on As part of the package of legislation all tenures granting exclusive possession as dealing with native title, the Land and per the detailed schedule included in the Resources Tribunal Bill was introduced to this amended Federal legislation. It also Parliament in November to meet the Federal guaranteed the validity of the intermediate requirement for an independent tribunal. The period land management actions taken by the tribunal will absorb the functions of the Mining State between 1 January 1994, when the Wardens Court, as well as taking on national Native Title Act began, and 23 responsibility for native title matters, including December 1996, when the Wik judgment was hearing objections, making determinations and handed down. This gave pastoralists, ruling on compensation where there is any fishermen, miners and other leaseholders dispute. It will be headed by a president at the complete security that their tenures were level of a Supreme Court judge, with two legally valid. This Act also made it clear that deputies at District Court judge level. All native title holders whose rights and interests presiding members must have particular were extinguished were entitled to knowledge or experience of indigenous issues. compensation. Negotiations are continuing The independence of the presiding members between Queensland and the Commonwealth will be upheld by aligning their tenure, pension to secure financial assistance in paying this and leaves of absence to that of the judiciary. compensation. Tribunal members will be assisted by The second Act goes to the heart of three referees, one of whom will be native title management in future mining in indigenous, with specific expertise in certain Queensland. Finding a way through the areas but without voting rights on the tribunal. impasse which had stalled activity in the The indigenous referee will advise on cultural mining industry—a major driving force of the heritage and indigenous issues, which will Queensland economy—was and remains ensure that the tribunal observes sensitivity critical to the Government's stated No. 1 and confidentiality in its dealings with native priority of job creation. However, we also title holders. This referee will also focus on recognised that mining activity, particularly specific processes for dealing with the cultural large-scale development, could profoundly heritage aspects of any application. The affect native title rights and interests. The indigenous referee, like the other two referees, 9 Mar 1999 Land and Resources Tribunal Bill 361 will be highly qualified in their respective areas hearings are culturally sensitive. All parties of expertise. The mediation referee will ensure involved in proceedings may have legal that the State's negotiation and litigation policy representation, but this is not required. Also, remains at the forefront of the tribunal's hearings will be open to the public except in process. The mining referee will replace some the interests of natural justice or to allow of the dispute resolution functions of the culturally sensitive issues to be dealt with current mining warden and will advise the appropriately. It is specified that the tribunal tribunal about those functions previously must observe natural justice and that it is not performed by the warden. bound by the rules of evidence. This stems The tribunal is designed to operate in a from the need to maintain informality and quick and cost-effective manner for non- reach decisions that are more acceptable to all contentious matters, but will provide full and parties. For example, evidence will often need expert consideration of all issues when to be taken outdoors in remote locations, on or complex legal matters and rights are involved. near land that is the subject of the hearing. The particular needs of Aboriginal and Torres Knowing that Aboriginal culture and Strait Islander people have largely directed the knowledge is partly contained within oral, way in which the tribunal is shaped and the dance and pictorial form, I am confident that processes it will follow. The tribunal promotes this relaxation of evidentiary rules may allow and protects the rights of Aboriginal and Torres for: indigenous people to provide oral histories Strait Islander people in the following ways. and laws passed from generation to Consistent with the Commonwealth approach, generation; groups to give evidence and to the Queensland Government intends that the hear evidence from witnesses who are expert tribunal will be independent. This is central to according to local customary laws; the tribunal the administrative workings of the tribunal and receiving performances of ceremonial activities will ensure that the impartiality of proceedings as evidence; and any lack of fluency in English cannot be questioned. This is particularly of some indigenous witnesses to be taken into important for Aboriginal and Torres Strait account and interpreters used if needed. This Islander people who have concerns—and I may also lead to increased sensitivity about would say they are legitimate concerns, based possible misunderstandings arising from on the treatment of this issue by the previous differences in language between indigenous administration—that the person heading the and non-indigenous people. An appropriate tribunal and other members of the tribunal degree of protection for culturally sensitive have no vested interest in a particular evidence will be given to indigenous witnesses outcome. The tribunal will report separately to and those who cannot speak about matters State Parliament through the Attorney-General that are not traditionally disclosed. The tribunal and Minister for Justice. Indigenous people will have mediation proceedings, which will be can feel assured that there will be no external confidential in all respects, should any party influences when decisions are being made have a particular grievance that they want and the tribunal will make its decisions based heard. on the facts, the law and fairness. The Queensland Indigenous Working It is the clear intention of the Queensland Group has asked for clarification of a number Government that there will be no possibility of of matters relating to the Bill to be recorded in members of the tribunal having a conflict of Hansard, and I now do that as a member of interest. The legislation sets down strict the Cabinet subcommittee that has considered guidelines outlining the management of the native title legislation. Firstly, the cultural pecuniary interests and possible conflicts of heritage review that is now under way may well interest. This will ensure that presiding and yield recommendations relating to the non-presiding members do not have a bias in operation of the Land and Resources Tribunal determining the outcome of proceedings and that may require subsequent amendment of carry out their responsibilities with this legislation. Similarly, the petroleum independence. Members of the tribunal must industry is not included in the tribunal's fully disclose any pecuniary interests or any jurisdiction at this stage, as the Petroleum Act conflicts of interest. This disclosure ensures is currently the subject of review. Once that that natural justice will be upheld. review is completed, the new Petroleum Act The legislation provides that a member of will no doubt include provisions that amend the the National Native Title Tribunal can be a legislation now being debated. Secondly, there member of the tribunal and also requires that has been concern that this Bill does not a National Native Title Tribunal member take provide a mechanism that will allow urgent part in any determinations. Importantly, the interlocutory orders to be obtained. The State tribunal will ensure that its processes and believes the provisions of the LRT Bill in fact 362 Land and Resources Tribunal Bill 9 Mar 1999 do provide such a mechanism for urgent Parliament was the Native Title (Queensland) interlocutory relief to protect cultural heritage at State Provisions Bill, which provided for the risk. validation of the "intermediate period acts". The Land and Resources Tribunal will This legislation achieved a level of certainty by ensure that the interests of Aboriginal and validating those leases and confirming that Torres Strait Islander people are at the native title on those leases was extinguished forefront of decisions about land in this State. either totally or partially depending on the It will provide a process that is fair to all parties. nature of the pastoral lease involved, which It is a model that is an effective resolution to had been thrown into doubt by the High Court the substantial cultural and legal issues in the Wik decision. That then gave miners, surrounding native title. I support the Bill. fishermen, pastoralists and other lease and permit holders the complete security that their Mr NUTTALL (Sandgate—ALP) tenures were legally valid. In addition, this Act (4.19 p.m.): Today it gives me great pleasure makes it clear that native title holders whose to speak on the Land and Resources Tribunal rights and interests were extinguished are Bill, which represents another solid entitled to compensation. achievement under the Premier's Native Title Strategy. It is important to remind all members The second piece of legislation which of this House of what has taken place under flowed from the Premier's Native Title Task this Government in respect of the critical issue Force was introduced into this House on 21 of native title. October last year. The Native Title (Queensland) State Provisions Amendment Bill In July of last year, shortly after coming to integrated the way in which the State deals Government, the Premier established and with native title matters into the Mineral chaired the Native Title Task Force, Resources Act. Once again, this piece of acknowledging the complexity and the difficult legislation was the result of the Premier's challenge that native title issues present. The comprehensive process of consultation with all Premier recognised that it was necessary to major groups. This legislation provided the way end the community division which had grown through the impasse that had stalled activity in up around misunderstanding of the issue, and the mining industry, which is a major driving it was vitally important to the State's job force of this State's economy and will be critical generation policy to give industry a to this Government's desire to achieve its straightforward, unambiguous process so that stated priority for job creation—a priority which development projects could proceed with every member of this House no doubt would confidence. support. The Premier's response reflected the That second piece of native title fundamental shift in policy away from litigation legislation provided for an appropriate balance to the promotion of negotiated agreements as between principled respect for native title a practical way of managing the native title holders and their rights and interests, and a issue. Interestingly, as has been commented commonsense acknowledgment of the mining on many times in this House, this was the first industry's practical need for a fair and time that all interested parties had been unambiguous process with strict time lines. As brought together anywhere in Australia to has been stated in the literature that has been develop a cooperative solution to the native produced to assist an understanding of what is title issue. As members of the House would be a fairly complex piece of legislation, the aware, after three months of intensive legislation states clearly the detailed processes consultation and negotiations, the that are to apply in the different circumstances Government formulated its response, which depending upon the proposed activity and the was built on the following two propositions: type of land tenure involved. Central to this firstly, a principle acknowledgment of native piece of legislation is the establishment of an title rights which included a limited right to independent tribunal to make final negotiate over a proposed mining determinations as to whether an activity should development; and, secondly, the clear proceed where negotiations between the understanding that the mining industry native title holders and the miners have failed required a process that was straightforward, to secure an agreement. less costly and less time consuming. That now brings me to the Land and This Government then moved quickly to Resources Tribunal Bill. The Commonwealth introduce the three pieces of native title Native Title Act ensures that any State based legislation that would establish the native title regime for dealing with native title will include regime in this State. The first piece of an independent body that hears objections legislation that was introduced into this and makes the final determinations as to 9 Mar 1999 Land and Resources Tribunal Bill 363 whether a proposed activity can proceed. the necessary legislative and administrative Importantly, the Land and Resources Tribunal framework to continue to prosper and create will absorb the functions of the Mining jobs and wealth. It is a matter of considerable Wardens Court and will also take on the regret that last year, when this House debated responsibility for native title matters, including the second stage of the Beattie Labor the hearing of objections, the making of Government's native title legislation package, determinations and the ruling on what was passed was in fact a job retarding compensation where no agreement is Bill. reached. From a Government that constantly The tribunal will be headed by a president drones on about jobs, jobs, jobs we see an who, in addition to having to meet the same unremitting litany of legislation and qualifications as someone who can be administrative directions that will have the appointed to the Supreme Court of this State, opposite effect. We see a job destroying and must have particular knowledge or experience job inhibiting Government that seeks with ever of indigenous issues. In addition to the growing desperation to cover up its abysmal president, there will be two or more deputy failure with self-praise and glib media sound presidents, who also must be able to meet the grabs. This Bill is merely a continuation of the qualification tests to be appointed as a judge Beattie Government's failed native title of this State. Again, they must have particular strategy. However, it does have some merits, knowledge or experience of indigenous issues. but it is constructed on a base of failed and The Bill provides that within this group of half-baked decisions and has elements which presiding members there will also be should cause concern. knowledge and experience of mining, I will deal first with the elements of the petroleum or land issues. The previous legislation which are positive. First, it is clear speaker mentioned the composition of the that, if any alternative State provisions are to tribunal, namely, the three referees. I do not be approved by the Commonwealth Minister, intend to go into that in detail other than to re- there must be an independent person or body emphasise that there will be an indigenous in place to hear any objection by any native referee, a mediation referee and a mining title claimant objecting about the doing of an referee, each with their own particular act that affects their registered native title expertise, as was outlined by the previous rights and interests. The legislation that we are speaker. Further, strict deadlines are provided debating will establish such an independent for the tribunal's determinations, with no matter body, and its passage is an essential anticipated to take longer than six months to prerequisite to the Commonwealth agreeing to be decided. The tribunal's decision is subject any alternative State provisions. Yet for a to ministerial override, but only where it can be Government that is so keen to help the mining demonstrated clearly to be in the best interests industry, the snail's path progress of the of all Queenslanders. Premier's native title legislation is a matter of The Land and Resources Tribunal is a regret. concrete step in the development of this The Premier knows full well that until such Government's response to the native title issue time as this Bill is properly debated and over the past nine months—a response which passed by this Parliament the Federal is based on fairness of principle and fairness in Government is not in a position to finally deal process. I commend the Bill to the House. with the Stage 2 alternative provision Hon. V. P. LESTER (Keppel—NPA) legislation which we debated last November. (4.28 p.m.): In spite of the constant opposition Some four months have elapsed since the of the Labor Party at both Federal and State Stage 2 legislation was debated by this House, levels, one of the main virtues of the and yet in that four months this Bill has Commonwealth Government's native title languished on the Notice Paper. Four months reforms last year was to give to those States of valuable time has been squandered that wished to take it up the opportunity to because the Premier could not get his act craft legislation within just parameters that together last year and produce for this House would advance job creation projects by cutting a comprehensive package of native title through the bottlenecks caused by the right-to- reforms. negotiate process. The Governments of the Northern The so-called alternative State provision Territory and Western Australia were able to do clauses have enabled those jurisdictions with so, and yet this Government was not. It tries to an historically expanding minerals industry to hide its ineptitude behind claims that it is a legislate to ensure that this industry is given consultative Government. It tries to make a 364 Land and Resources Tribunal Bill 9 Mar 1999 virtue out of necessity. Yet it is all too clear that The third positive aspect of the legislation this Government and this Premier have is that the Bill now provides that when approached native title reform just as they conducting a tribunal hearing the tribunal must have approached most other matters—with an observe natural justice. It is appropriate to say indecisiveness and lack of vision. This is a that following the Court of Appeal's decision it Government more interested in buying off the is a positive and proper step to enshrine in the various pressure groups knocking at its door legislation the obligation on tribunal members than in developing legislation that is in this to observe procedural fairness. While all State's interests. judicial and quasi-judicial officers should do so So while the Opposition is pleased that an as a matter of course, it does no harm to put independent body is being established, it is the matter in the legislation for all to see, read less than impressed by the failure of the and obey. Government to present this Bill at the same The final matter which I find positive about time as the Stage 2 legislation. If the this Bill is the fact that it will be transferred from Government had done this, not only would the Mines portfolio to that of Justice. Unless there have been a better parliamentary there are compelling reasons to the contrary, debate; the reform agenda could also have all tribunals should be within the Justice been advanced by at least four months. portfolio and their performance the The second positive feature of this Bill is responsibility of the Attorney-General and the replacement of the Wardens Court. Over Minister for Justice. The Department of Justice the past couple of years there was a growing and Attorney-General has considerable concern in the rural community that the expertise in courts administration and is in a far Wardens Court was not operating in a fair and better position to oversee the operations of even manner. There was a widespread this new body. In addition, it will help to conviction that the court favoured the interests overcome any perceptions of conflict of duty of the mining community over the interests of and interest. landowners. All of these pent-up concerns In the past, when the Mining Wardens came well and truly out into the open when the Court was under the Department of Mines and Court of Appeal ruled in November 1997 that Energy, there were constant suggestions that the mining warden, Mr Frank Windridge, had the department was too close to the mining denied natural justice to central Queensland industry. No such suggestion could be made grazier Mr Edward Wall. about the Department of Justice and Attorney- The Court of Appeal found that the General. However, there are a number of less mining warden had taken evidence from South than satisfactory aspects to the legislation. Blackwater Coal after closing public hearings The tribunal is composed of at least three and without notifying Mr Wall. Apparently the presiding members. Each of the presiding mining warden had contacted the mining members is supposed to be appointed until company through a Mines Department officer attaining 70 years of age. The president will and then attended a meeting in the receive the salary, allowances and rates of company's office to hear new material. After allowances payable to a Supreme Court judge, that decision was handed down, various rural and the deputy president will get the same representatives said publicly that they had lost salary and allowances package as a District confidence in the court and no longer had an Court judge. There is absolutely no expectation that they would get a fair go. In requirement in the Commonwealth Native Title these circumstances it is most probably good Act that the tribunal be composed of persons that the slate is wiped clean and that there is a who are elevated to the same status, though fresh start. not the position of, Supreme and District Court Now there is the opportunity for a one- judges. stop shop arrangement, with the one body Over recent years the judiciary has, quite dealing with both native title and mining rightly, become increasingly concerned about matters. So it makes sense that there be an the proliferation of tribunals. Tribunals, as the amalgamation of the two processes and that Attorney-General knows full well, should be we have a new body that can drive this established only as a matter of last resort. The process forward and, hopefully, rebuild bridges reason for this is very simple. The greater the to the landowners. Whether this tribunal will in number of tribunals, the more that justice is fact be able to achieve this is a moot point. made uneven and the greater the risk that the From the wording of the legislation, already jurisdiction and stature of the courts of our there are some matters that should raise nation are undermined and marginalised. I doubts about how the tribunal will operate. accept that setting up a tribunal in this 9 Mar 1999 Land and Resources Tribunal Bill 365 instance is justified, but what I find totally retrograde step and has the potential to unacceptable is that the presiding members undermine the tribunal's effectiveness from the are being elevated to the same status as the outset. If this clause is not amended, the judges of the superior courts of Queensland. Premier needs to give an undertaking to this By giving the tribunal members the same Parliament that at least one of the presiding status as Supreme and District Court judges, members will have the requisite knowledge or this Government is creating an unhealthy experience of mining and petroleum matters. precedent. Why give these members a status In this context, it is also to be borne in which is not required? Why give these mind that the decisions of this tribunal are members a status equivalent to justices and subject to ministerial override. This fact is judges who are required to deal with the most highlighted in the Premier's speech, and complicated of civil and criminal matters and examples of the override are set out in the across the total spectrum of the law? I hope Scrutiny of Legislation Committee's Alert that this is not a case of mates' rates. There Digest. In fact, the committee pointed out that will be quite a degree of cynicism in the there is no reference in the Bill to the existence community that this Government is of the override and pointed out that this establishing an ad hoc body with a status for omission could lead to a misunderstanding in its presiding members above and beyond what the community of the status of the tribunal's is necessary and one to which it will be decisions. tempted to appoint its supporters. The committee recommended that the Bill The Opposition's concern is heightened be amended so as to make it clear to the by the wording of clause 8, which sets out the community and litigants that decisions of the eligibility for appointment as a presiding tribunal are subject to ministerial override. This member. The clause requires that a presiding is a sensible recommendation and one that I member must, amongst other things, have would hope the Premier and the Government knowledge or experience of indigenous issues would take up. It is only reasonable that they and one or more of three other matters. One do so. It would put plain English into the of these is mining or petroleum issues. Yet the legislation in an eminently relevant way, clause goes on to oust from judicial review the making the legislation a document which appointment of presiding members insofar as ordinary people could use. they fail collectively to possess any knowledge I think the more significant element is that of mining or petroleum matters. this tribunal, unlike the Supreme or District Quite rightly, in Alert Digest No. 1 of 1999 Courts, is subject to overriding political the Scrutiny of Legislation Committee has decisions. It is not a body which is questioned whether this is appropriate, but independent of the policy process. It is not a there is an even bigger issue here. The body of either unlimited or almost unlimited Government is abolishing the Wardens Court, jurisdiction or even a body whose decisions yet at the same time it is sending a clear have to be accepted and followed as of right. message that, although knowledge of It is a very limited body in almost every sense. indigenous and land issues is absolutely In these circumstances, to elevate the essential for appointment as a presiding presiding members to, in effect, the status of officer, knowledge or experience in mining or justices and judges of the superior courts is petroleum matters is not. totally unjustified. I suggest strongly to the Again and again the Premier claims that Premier that he reconsider this aspect of the he is doing everything he can to encourage legislation. I ask the Premier whether the views mining investment, yet we see in this Bill a of the Chief Justice or the Chief Judge of the totally blinkered approach to this essential District Court were sought and, if so, whether industry. How can this tribunal operate they were in concurrence with this proposal. effectively if none of the presiding members Another troubling matter is the very limited has any experience or knowledge of mining or appeal rights granted. The Bill limits a party to petroleum matters? a proceeding before the tribunal to appeals on Let me repeat: this tribunal will be hearing questions of law. I ask the Premier: why are more than simply native title matters. It is the appeal rights so circumscribed? Would there primary body for matters arising from both the be any harm in allowing appeals on questions Mineral Resources Act and the Fossicking Act. of fact? While there may be good reasons for In these circumstances, to legislatively oust limiting grounds of appeal, there is no logic in judicial review from appointments because further hamstringing the process by requiring none of the presiding members has any that when the appeal is against a decision of a knowledge or experience in mining matters is a Land Court non-presiding member or a mining 366 Land and Resources Tribunal Bill 9 Mar 1999 referee such an appeal can only be instituted issues referee and loses the confidence, for with the permission of the president of the example, of the mining industry or landowners tribunal. because of his or her links with indigenous The Scrutiny of Legislation Committee organisations, then it will undermine the has noted that no grounds are set out in the credibility of this tribunal. I ask the Premier legislation for the granting of leave. The whether any consideration was given to committee has queried whether leave to providing greater guidance in the Bill—— appeal is necessary when appeal is confined Time expired. to questions of law. It is not as if this tribunal Mrs LAVARCH (Kurwongbah—ALP) were the High Court and special leave was (4.48 p.m.): This is the third occasion since last needed before appeals were launched. There July that the Parliament has had before it a is, on its face, absolutely no good reason that major legislative initiative on native title. This litigants should have their rights so limited and tells us two things. Firstly, it tells us that native so dependent on the exercise of broad and title raises complex issues requiring extensive totally unlimited discretions. effort on the part of the Government and the The committee has recommended that if Parliament to implement a fair and effective the Government believes leave to appeal is regime. Secondly, it tells us that Queensland, necessary it should give consideration to of all the States and Territories, is leading the prescribing grounds for the granting of leave. I way in tackling the issues thrown up by the ask the Premier whether he will outline to this Federal amendments to the Native Title Act. House the reasoning behind the current Both facts are a tribute to the Premier, as he requirement for leave to appeal. If there are no has not only shown strong leadership for the good reasons, then I believe that this limitation State on a difficult question but also shown on litigants' rights should be withdrawn that he is willing to lead the nation. This is in forthwith. However, if there are good reasons stark contrast to the Leader of the Opposition, then I support the committee's call for some who is struggling to convince even his own legislative guidance, rather than leaving the party that he has the leadership qualities to granting of leave in a totally unregulated and keep his job, let alone lead this State. vague state. The genesis of the Land and Resources One final matter on which I seek some Tribunal is found in two sources. Firstly, and clarification relates to the provisions dealing most importantly, there is the need for with possible conflicts of interest by tribunal Queensland to establish a State tribunal to members. First, I agree that it is prudent to carry out functions prescribed by the Federal provide that a member must not hold or be Native Title Act. Without a State tribunal, entitled, directly or indirectly, to the benefits of Queensland would not be able to take up the an interest in a mining tenure. Having regard opportunity to introduce a flexible system to to the nature of most proceedings before the deal with the needs of the resource sector fully tribunal and the perception problems that the within the State's Land Management System. Wardens Court has faced, such a clause in the Secondly, there is a need to reform the role of Bill would be desirable. the Mining Wardens Court within the State I wonder why the drafters of this resources regulatory system. The need to legislation have gone out of their way to focus reform this court arose out of extensive just on mining activities. It is not very difficult to criticism of the fairness of the Wardens Court imagine a host of other conflicts that could processes by landowners and a review of the arise or which could raise perceptions of court by the Department of Mines and Energy. conflict. One area of risk relates to the In November last year, the Parliament indigenous issues referee. The qualifications passed the second stage of the State native for appointment to this position are very title regime. The innovation of the State precise and are set out in clause 18. I would regime is that it focuses on the nature of the suggest to the Government that extreme care mining interests being sought by the resource will have to be taken in this area as well, lest company rather than the statutory tenure over the same type of perception problems that which the interest is to be granted. Now, let me arose with the mining warden crop up here. explain the significance of this. If it is appropriate—and I think it is—that As members would be aware, the Wik very specific prohibitions on mining interests decision was centred on the question as to are prescribed in clause 26, I would be whether a pastoral lease granted to the interested to know why other detailed conflict pastoralist a right of exclusive possession to provisions are also not included. I suggest that the land. By finding that a pastoral lease did if a person is appointed as the indigenous not grant exclusive possession, the High Court 9 Mar 1999 Land and Resources Tribunal Bill 367 concluded that native title rights were not daunting mixture of stakeholder self-interest, necessarily extinguished by a pastoral lease, misinformation, competing legal theory and and native title and pastoral rights could alternate assertions of moral high ground. In coexist. This decision then led to the native devising the solution, the Government, in title debate—in the eyes of economic essence, created a process which applies stakeholders at least—turning solely on the equally to unallocated State land and pastoral effect that various statutory land tenures will lease land and only draws a distinction for the have on native title and how this intersects with purposes of compliance with the provisions of the future act provisions in the Native Title Act. the Federal Native Title Act. This means that There was concern that the Native Title time frames and processes for notification, Act may have rendered invalid a range of negotiation and arbitration are similar activities which pastoralists undertook on their regardless of the statutory land tenure leases, such as the construction of dams or involved. In contrast, a clear distinction is fences. In reality, these concerns were drawn between exploration and production overstated and fed by some dreadful tenures. Exploration tenures trigger a bare misrepresentation of the facts by people such bones procedural process which reflects that, as the Leader of the Opposition. Nonetheless, generally, the disturbance to the land flowing the Howard Government reacted by proposing from exploration will be significantly less than changes to the law which graduate the for actual mining. procedural rights provided for the protection of In summary, the Queensland approach native title depending on the statutory land has genuinely integrated into the land and tenure involved. The most visible manifestation mining systems of the State the recognition of this is the way in which the Native Title Act and protection of native title rights. The Bill creates different procedural regimes for mining before the House continues that process. A over unallocated State land and land subject number of the provisions of the to pastoral lease. For unallocated State land, Commonwealth Native Title Act require that the right to negotiate applies. For land subject the State provide an independent personal to pastoral lease, a right of consultation and body to carry out various functions if the State objection applies. Not surprisingly, many is to take up the opportunity to enact its own indigenous leaders view the distinction in the regime to replace the right to negotiate regimes applying to unallocated State land administered by the National Native Title and pastoral lease land when mining is Tribunal. The Land and Resources Tribunal will proposed to be artificial. By this reasoning, be this independent body. This means that the native title rights should be afforded equal Queensland tribunal will take over from the respect and equal protection regardless of National Native Title Tribunal the future act whether or not statutory interests have been determination role in cases of applications for granted in the land. the grant of mining tenures over native title From a legal analysis, it is understandable land and the compulsory acquisition of native why a distinction is drawn. In the case of title for non-Government purposes. pastoral leases, there exists not only another Consistent with the State approach of interest holder in the land but, under common land management integration, the new tribunal law and statute, this other interest holder, that will also assume the jurisdiction of the Mining is, the pastoralist, has rights which prevail over Wardens Court. This results in one single the rights of native title holders. In such a forum for all energy resource based projects case, the native title rights must, by definition, irrespective of native title considerations. The be impaired to some extent—probably a great tribunal is also to be granted jurisdiction to extent—and hence, should be afforded hear matters arising under agreements procedural rights no greater than those reached under the State native title regime afforded to the pastoralist. Equally, from a and also actions brought under the pragmatic political point of view, it is much Queensland cultural records Act to protect easier to argue that coexisting interest holders, indigenous cultural heritage. that is, native title holders and pastoralists, In relation to the Mining Warden's should have equivalent rights rather than try to function, the tribunal will incorporate the explain the finer points of legal and Government's response to the 1998 jurisprudential theory, which indicates that the discussion paper on the administrative right should be treated differently. As we know, processes and functions of the Wardens Court native title does not lend itself to snappy 15- produced by the Department of Mines and second grabs on television news. Energy. In short, this discussion paper What the Premier faced when putting recommended the replacement of the together the State native title regime was a Wardens Court with a new Mining and 368 Land and Resources Tribunal Bill 9 Mar 1999

Petroleum Tribunal, the greater use of there will be a further two legislative additions alternative dispute resolution mechanisms to to the native title regime during the year, the resolve disputes, and rules of evidence and first being an extension of the regime to the procedure which move from an adversarial petroleum industry as part of the review of the model towards an administrative model or Petroleum Act. Recently, a discussion paper inquisitorial model. on the reform of the Petroleum Act was This review was done in isolation to the released. The reform will, in part, have to make native title debate but, interestingly, the decisions on how the issue of petroleum recommendations which focus on the need for tenures and the operation of pipelines will greater levels of expertise within the Wardens intersect with the State native title provisions. It Court and a mediation framework for dispute will certainly see the Land and Resources resolution sit well with the thrust of the native Tribunal accept jurisdiction for petroleum title reforms. Accordingly, the tribunal will be matters. The Government excluded the constituted by members with backgrounds and petroleum industry from Stage 2 reforms experience able to determine matters involving largely because of the arguments of the indigenous issues, mining and petroleum, industry that it faced quite different issues from dispute resolution and native title issues. There those faced by the mining industry. is considerable flexibility in the make-up of the The second addition will flow from the tribunal between presiding members, non- review of the Cultural Records Act. This presiding members and referees. Each have legislation governs the protection and specific functions and designated expertise management of the so-called Queensland which should ensure that there is a matching estate. This means the physical and cultural of expertise within the tribunal to the issue heritage of the State, both indigenous and being confronted. These issues may involve non-indigenous. There are a number of native title and, in many instances, will not. shortcomings with this legislation. There is one notable area where the From an indigenous perspective the major tribunal will not have jurisdiction, and that is the shortcoming is that the law does not actually determination of native title. The process of mandate that indigenous people are to be deciding whether native title claimants actually involved in the identification of indigenous sites hold native title and the nature of the rights of importance. While this is now required as a held will continue to be the role of the Federal matter of departmental administrative practice, Court and the National Native Title Tribunal. it would be best if the regime provided The Western Australian Government, in expressly for indigenous involvement in the contrast, has proposed that all native title identification of indigenous culture. functions, including the determination process, be vested in State bodies. I believe that the From an industry perspective, a lack of approach adopted by the Queensland certainty has meant that the law has been Government is preferable, as it ensures that used on occasions as a negotiating tool for the future act provisions of the Native Title Act matters which have little relationship to the are handled within the land management actual protection of Aboriginal cultural heritage. systems of the State. There is no need for the While the use of the law in this way reflects a determination process to be replicated at the failure in the relationship between Aboriginal State level. In fact, a better outcome will be people and a developer, it nonetheless achieved by maintaining a national standard. undermines support for cultural heritage I note in passing that Mr Graham Neate protection measures. has been appointed to replace Justice French The Government has established a as President of the National Native Title working party to review the Cultural Records Tribunal. I wish Mr Neate well in his new and Act and this working party has recently important role. I hope also that the released an issues paper to help focus public Commonwealth will consider moving the submissions on the review of the law. Beyond principal registry of the National Native Title the legislative developments which will occur, Tribunal to Brisbane, as Queensland will have the future will see major issues emerge under the greatest call on the tribunal's services, three broad categories. The first is the further given the decision of the Western Australian resolution by the courts of significant legal Government to effectively move all native title issues. The second concerns the impact of matters to the State system. structural changes to the processes applying Finally, I would like to speculate on what to the native title regime. The third relates to the future of the native title regime may be in the extent to which native title and economic Queensland. The first thing is to note that developers will strike agreements largely 9 Mar 1999 Land and Resources Tribunal Bill 369 outside of the formal supervision of the State Senator Herron, announced changes to the or Commonwealth native title regimes. geographic boundaries for the coverage of There are a number of important legal land councils throughout Australia. There is no issues about the recognition of native title doubt that there needed to be reform to the which are going through a process of judicial operation of Aboriginal representative bodies. development. The High Court will, over the Indeed, this was clearly pointed out by an year, hear appeals from the Federal Court examination undertaken of Aboriginal bodies decisions in the cases of Croker Island, by the Office of Indigenous Affairs within the Miriuwunga Gajerronga and Yorta Yorta. Department of the Prime Minister during the These cases involve the existence of native previous Federal Labor Government. title in offshore areas, the Kimberley region of However, the concern I have with Senator Western Australia and the border area of New Herron's reforms is that they appear as much South Wales and Victoria respectively. All motivated by a desire to reduce the power and represent significant Federal court decisions influence of some Aboriginal leaders as they which, in the case of the first two decisions, are by any logical assessment of the needs of have extended or strengthened the position of Aboriginal people. It will prove utterly native title holders, and in the third decision counterproductive to play politics with found that native title had been washed away Aboriginal organisations. It will certainly do by the tide of history. nothing for the relationship between economic Each of the decisions raises important developers such as the resource industry and matters concerning the relationship of native traditional owners if superimposed upon title to various statutory titles and the rights of negotiations is renewed conflict about where native title holders to resources. It is likely that power rests within Aboriginal land councils. these issues, together with a consideration of Mr Bredhauer interjected. what "just terms" means for the compensation Mrs LAVARCH: Exactly. The third area to for the loss or impairment of native title, are be watched closely is the extent to which likely to significantly shape native title law. agreements will be used in order to resolve More than likely there will be calls for further native title issues. To this end it is pleasing to legislative amendment at the Commonwealth note that Queensland has seen a number of level following the High Court's decision. milestone agreements reached. These include The second area of development involves the Hope Vale agreement, which represents the impact that the procedural and structural the first negotiated permanent determination changes implemented by the 10-point plan of native title under the Native Title Act. have on the operation of the native title regime Recently, Queensland also settled the on the ground. Important in these changes is Western Yalanji claim. This is an important the new registration test being applied by the agreement as it represented a finding of native Native Title Tribunal and the recently title co-existing with pastoral rights. announced shake-up of the boundaries of More recently there has been an agreed Aboriginal land councils. It was universally native title determination involving Saibai recognised that there needed to be law reform Island in the Torres Strait. Historically, the to ensure that only those native title claims Attorney-General appeared before Justice which were well founded were able to access Drummond in the Federal Court and the procedural rights afforded by the Native consented to the native title determination. Title Act. While the original Native Title Act This determination recognises the ongoing contained a threshold test for registration, as a native title rights over four Torres Strait islands result of court decisions this test became but notably excludes any determination over virtually inoperative. the waters of the Torres Strait. Already the Native Title Tribunal has It is the thrust of the Queensland reforms commenced the process of checking existing that negotiated agreements be reached on claims against the new registration criteria. It is native title matters. Indeed, the Stage 2 to be hoped that the outcome of this process legislation requires that genuine efforts be will ensure that all claims contain sufficient made to reach agreement, and to this end information so that indigenous and non- assistance is given by specifying the matters indigenous interests alike are able to proceed that are to be discussed in the negotiation and with clarity and certainty as to exactly who is consultation process. asserting native title rights over what area. In conclusion, it is fair to say that Aboriginal representative bodies play an Queensland is making strong progress in important role in the native title regime. Last putting together the legal framework which will week the Federal Minister for Aboriginal Affairs, assist practical outcomes to native title and 370 Land and Resources Tribunal Bill 9 Mar 1999 development issues. Further, the Government, year it could not even present a through its native title services section in the comprehensive package of native title Department of the Premier, can provide legislation to this Chamber. Instead, we are assistance to parties in reaching agreements. subject to a death of a thousand cuts with a bit Undoubtedly, the establishment of the Land of legislation here and there and, while the and Resources Tribunal will also be important Government dithers, economic growth and for on-the-ground outcomes in the State. jobs are put at risk. Just last week, we saw this In the final analysis, however, the Government introduce only one new Bill for Government can only do so much. Outcomes debate. This Parliament has not sat since that benefit Queensland require more than November, yet in the first sitting week the good laws—it requires goodwill. It is to be Government could not come forward with more hoped that the next time the Parliament than one solitary Bill. Whether we look at considers further additions to the native title infrastructure projects, legislation or regime we can report that this goodwill has administration generally, it is a shocking become the hallmark of relationships in the indictment that we witness a Government that State. has not got what it takes. One would think that with an issue as Mr SANTORO (Clayfield—LP) (5.09 p.m.): central as native title, the Government could It gives me great pleasure to be able to join in have acted more quickly, more decisively and the debate on the Land and Resources with more sense of direction. The Premier Tribunal Bill and particularly to support the knows that the Governments of the Northern comments that have been made so far by the Territory and Western Australia were able to honourable member for Surfers Paradise and present to their Parliaments a comprehensive Leader of the Opposition and the honourable package of native title reforms. If those member for Keppel. They have made very Governments can do so, why can this sensible contributions. Whilst supporting the administration not match their achievement? Bill, they also expressed reservations, which I There is no doubt that this Parliament needs think in some cases are worth reiterating. to enact legislation establishing an Two of the stated objects of this Bill are to independent body that meets the implement Stage 3 of the Premier's native title requirements of the Commonwealth Native strategy by providing for the establishment of a Title Act. Until we do so, the alternative State tribunal to deal with future acts which might provisions, which this Parliament has already affect native title with respect to mining and passed, will remain in a state of limbo. So provide for an independent body required putting in place an appropriate independent under the alternative State provision sections body to hear matters under the Native Title Act of the Commonwealth Native Title Act. To the is a matter towards which we should all be extent that unless this Bill is passed and an working. independent body is established no alternative Nevertheless, when I look at this Bill I can State provisions can commence, the see a number of problems that need to be Opposition supports it. raised and debated properly. Firstly, in However, with this Bill we again see a common with other members, I question the graphic example of how this Government status being granted to the presiding members cannot get its act together and produce timely of the tribunal. This tribunal is not the Supreme legislation. This Bill should have been Court, it is not the District Court; it is a tribunal introduced simultaneously with the alternative of quite limited jurisdiction. I would readily provisions Bill. It should have been debated concede that the matters that the tribunal will with that Bill and it should have been have to decide will be important, but I can see submitted to the Commonwealth Government no justification whatsoever in giving to the co-jointly with it. The Premier knows that, until presiding members of this body the status, in this House passes legislation setting up an effect, of either a justice of the Supreme Court independent body, neither the Commonwealth or a judge of the District Court. Government nor the Senate can deal with the The Supreme and District Courts deal with Stage 2 legislation that we passed in this place all manner of civil and criminal law. In most in November. cases, any person who is dissatisfied with a The Premier knows that, despite all of his decision of either court has the ability to never-ending rhetoric about decisive action to appeal to the Court of Appeal and, from that tackle native title and create jobs, this Bill has body, possibly as far as the High Court. In sat around now for almost four months. This comparison, the legislation that we are Government has allowed four valuable months debating is merely establishing a tribunal—and to slip away and it has done so because last I repeat that: a tribunal—and not a court of 9 Mar 1999 Land and Resources Tribunal Bill 371 law. It is a body which, as I will discuss shortly, presiding member or a mining referee. The is subject to wide powers of ministerial override leave of the president is required, but the Bill is and so far as some non-presiding members silent on the matters that have to be taken into are concerned, there is no right of appeal on account in determining whether leave should matters of fact and only discretionary rights of be granted or refused. The Scrutiny of appeal on matters of law. In short, it is a body Legislation Committee has queried whether that lacks true independence, is of limited leave should be required when appeal rights jurisdiction and operates largely on its own. So are confined simply to questions of law. The to give to presiding members of this body the committee has also suggested that if there are same entitlements as judges of the Supreme good reasons for not allowing an automatic and District Courts is not only not necessary right of appeal, that the legislation should be but also strikes at the status of judges of the amended to prescribe grounds for the granting superior courts of Queensland. of leave. I suggest to the Premier that if this I cannot understand why litigants' rights Government is establishing a body to which it are so narrowly regulated by this Bill. While in thinks it can appoint people whom it favours, most instances hearings of the tribunal will be then that will not only undermine the credibility open to the public and the rules of natural of this tribunal but also the whole judicial justice must be observed, nevertheless the system. In his reply, I ask the Premier to legislation requires the tribunal to— explain to this House why he has overseen the "Act as quickly, and with as little drafting of legislation that elevates presiding formality and technicality, as is consistent members to that status while there is with a fair and proper consideration of the absolutely nothing in the Commonwealth issues before it." Native Title Act that would require it. However, in order to achieve this goal, this Bill As I said, this tribunal is not a body with provides that the tribunal is not bound by the self-executing decision-making powers; it is rules of evidence, may inform itself of anything subject to broad powers of ministerial override. in the way it considers appropriate and may This point is made abundantly clear by the decide procedures to be followed for the Scrutiny of Legislation Committee in proceeding. In short, litigants' rights are very Alert Digest No. 1 of 1999. The committee much dependent upon the way in which the recommends that the Bill be amended to presiding or non-presiding member or make it clear to readers that decisions of the members conduct the proceedings. tribunal are subject to ministerial override. As a firm believer in plain English drafting of One would think that in circumstances legislation, I support this suggestion and I such as these that it would be absolutely hope that at the Committee stage the Premier essential that a dissatisfied litigant be able to will be moving a minor amendment to give appeal as of right to the president. The effect to this sensible suggestion. matters that this tribunal will be hearing could involve projects worth hundreds of millions of However, the other point that needs to be dollars, or even more. With so much at stake, made is that this tribunal is really an integral it is simply not good enough that people's part of the native title policy process. Whilst it is rights are handled in this way. From reading a quasi-judicial body with a degree of parts of this Bill, one would think that we were independence, it is certainly not a court of law dealing with the Small Claims Tribunal and not in the sense that most people would the Land and Resources Tribunal, or that the understand that term. It is incumbent on the matters it would be hearing involved a dispute Premier and this Government not only to over two weeks' rental bond money and not amend the Bill to highlight this basic fact but whether, for example, a mine could proceed or also to ensure that a perception is not allowed not. The tribunal is granted by the Bill exclusive to arise that this tribunal has members of jurisdiction to resolve disputes over negotiated equal status and authority to judges of the settlements and to prevent acts adversely Supreme and District Courts. I emphasise this affecting a matter of cultural significance—in point, because I am very concerned that this other words, all the sorts of disputes that go Bill and this tribunal should in no way derogate right to the heart of most mining activity in from the status, authority, independence and Queensland. So I say to the Premier that good reputation of our courts of law. action should be taken to protect litigants' As I mentioned, there is also no rights by amending the Bill and allowing an automatic right of appeal on questions of law automatic right of appeal on questions of law from decisions of the tribunal to the president and a discretionary appeal on questions of when it is constituted by a Land Court non- fact. 372 Land and Resources Tribunal Bill 9 Mar 1999

When I read the Bill, I was struck by the there are two broad types of tribunal panels: a complexity of how the tribunal is to be standard panel and a National Native Title constituted from time to time. There are Tribunal panel. As its name suggests, a presiding and non-presiding members. Of the National Native Title Tribunal is one on which a non-presiding members, there is to be a Land member of that body sits as a member. The Court non-presiding member, a land tribunal Bill provides that a member of this tribunal can non-presiding member, an appointed non- also be a member of the National Native Title presiding member and a referee non-presiding Tribunal. In his speech, the Premier indicated member. Of the referee non-presiding that he hoped that there would be cross- members, separate qualifications are set out membership of the two bodies and, from the for the mining referee non-presiding member, viewpoint of convenience, there is much to be mediation referee non-presiding member and, said for such a proposition. Obviously, finally, the indigenous referee non-presiding however, whether that scenario eventuates is member. If all of this were not complicated dependent on the attitude of the enough, there is also the requirement that a Commonwealth Government. It would be member of the Native Title Tribunal also be helpful to know whether discussions with the party to various hearings. Commonwealth have commenced on this I will not confuse this House by setting out issue and, if they have, whether the the very complicated provisions dealing with Commonwealth has indicated a position. If the the composition of various tribunal panels, Commonwealth will not, for whatever reason, except to say that it will take some time before appoint a member of the State tribunal as a people will get used to how this tribunal is member of the national tribunal, an issue that constituted and how it will work. Perhaps there will immediately arise is who will be picking up is a pressing need to constitute the tribunal in the tab for the member of the national tribunal this way and, in that regard, I would simply ask travelling to Queensland and around the State the Premier if he could outline to the House when he or she is on a panel. Like so much of why the provision relating to this tribunal has the debate on native title, it often comes down been drafted in this very complicated manner. to an issue of funding. I would be interested to know just how far this issue, if it is one, has Nevertheless, two issues flow from the advanced. manner in which the legislation is drafted. A number of other issues could be raised. Firstly, I note that Land Court members are Some of the more technical ones are set out deemed to be non-presiding members, and on in the Alert Digest of the Scrutiny of Legislation a panel do not decide questions before the Committee. On the whole, I am in agreement tribunal. Their role is to advise the presiding with the suggestions that the committee has member or presiding members about matters made. The success or otherwise of the within his or her knowledge and expertise that alternative State provisions will in large part be are relevant to a question and to help the dependent on how this tribunal operates. presiding members in the conduct of the However, as I said, the jurisdiction of this body proceeding in a way the presiding members goes further than that. consider appropriate. With the abolition of the Wardens Court, I have some concerns about co-opting many issues of a non-native title and non- onto the tribunal members of the Land Court cultural heritage nature will be coming before and then relegating them to, in effect, an it. Currently, the Wardens Court hears advisory role only. Not only is this bad as a applications for mining leases and makes matter of policy, as it strikes at the heart of recommendations on the grant of such leases those members' independence and status, but to the Minister. The court has jurisdiction in it is possibly illegal. I do not hold myself out as relation to mining claims and claims for a constitutional expert, but the recent High compensation by an affected landowner when Court decision in Kable's case may have some the parties cannot agree on the amount of relevance to the question as to how far a State compensation that is to be paid. It conducts Parliament can go in interfering with the inquiries into deaths or injuries occurring as a operation of courts in general and judicial result of mining related accidents. It also has officers in particular. Therefore, I ask the jurisdiction under the Fossicking Act. I know Premier whether the issue of Land Court non- that there is a fair degree of unease about the presiding members has been carefully thought proposed tribunal insofar as it will deal with through and whether the Land Court is in non-native title issues. Over the past few years agreement with this arrangement. there has been quite a degree of The second matter that arises concerns dissatisfaction with the Wardens Court. the National Native Title Tribunal. It is clear that However, at least that body was a specialist 9 Mar 1999 Land and Resources Tribunal Bill 373 court that was focused on one area and over straight towards those people who are most the years had built up quite a lot of expertise. affected by the problems that we often hear There were problems, both actual and described by members opposite. perceived. Mr Reeves: You just want him to leave so There is merit in having a one-stop shop that you can take his seat. tribunal. So much can be conceded, but what Mr Reynolds: This is real Alice in a number of people are saying is that the Wonderland stuff. proposed tribunal may not be the right body for the task and great care will have to be Mr SANTORO: On behalf of my Federal taken in the future to ensure that problems do parliamentary colleague, who obviously is not not arise. Far too much is at stake to allow in this place to do so, I rebut the scurrilous industry and community dissatisfaction to suggestions of the honourable member for arise. I ask both the Premier and the Attorney- Kurwongbah and others in this General to take particular care to ensure that Chamber—including those members opposite the non-native title work of the tribunal is not who interject inanely but do not have the relegated to second place and that the courage to place themselves on the list to give concerns of the various industry bodies are either a prepared or an ad lib contribution. I taken on board should problems arise. have said what I think should be said. Again, I reject out of hand any suggestion that Dr Before concluding, I reflect briefly on Herron, the Honourable Federal Minister, is some of the comments made by the acting in a political and partisan manner. honourable member for Kurwongbah, particularly in relation to the Federal Minister I support the Bill with the reservations that for Aboriginal Affairs. In concluding her I have expressed. I support the comments contribution, assisted via interjection by one of made in the beginning of the debate by the the Ministers sitting in the Chamber, the Honourable Leader of the Opposition. honourable member suggested that perhaps Mrs NITA CUNNINGHAM (Bundaberg— the Federal Minister was motivated by partisan ALP) (5.26 p.m.): I join my colleagues on this and political reasons when he sought to side of the House in unreservedly supporting change some aspects of jurisdiction in relation the Land and Resources Tribunal Bill. This Bill to land councils. Recently I had discussions is a significant piece of legislation because it with the Federal Minister. In fact, two will allow the State's alternative State weekends ago the entire coalition joint party provisions, under the Commonwealth Native room had discussions with the Federal Title Act, to receive the determination of Minister. The Federal Minister went through in the Commonwealth Attorney-General— great detail the changes that he was determination that is essential for the State's introducing within the regulations and the alternative State provisions to be able to legislation that are to be enacted by the commence. Federal Parliament. I reject out of hand any As honourable members would be aware, suggestion—and it was a scurrilous suggestion the Commonwealth Attorney-General must be by the honourable member for Kurwongbah— satisfied under section 43A that objections are that Dr John Herron, the Federal Minister, heard by an independent person or body. A could in any way be politically motivated in this similar provision requiring an independent area of policy formulation, which should be body to hear objections is also found in section bipartisan. 24 and section 26 of the Commonwealth Dr Herron is highly regarded and much Native Title Act. The Land and Resources loved by those members of the Aboriginal Tribunal Bill provides the tribunal that will be communities who know that he is trying to that independent body. It is important to make the whole system of administration and recognise that the legislation establishing the funding of Aboriginal affairs accountable to the tribunal must ensure that the tribunal is very people who are most affected by policies embodied with characteristics necessary for it and funding arrangements, that is, the to be seen to be independent as well as, in Aboriginal communities themselves. The practice, acting independently. At clause 5 the Honourable Federal Minister is seeking to Bill explicitly provides that the tribunal, in make that part of his portfolio very responsive exercising its jurisdiction, is not subject to the to the genuine needs and aspirations of direction of the Minister. ordinary members of the indigenous The Bill provides, as the combined effects community of this nation. Like me, he abhors of clauses 7 and 9, that presiding members, the growth of the Aboriginal industry that sucks that is, the president and deputy president, are up so much of the resources that should be appointments for life and will only cease upon directed straight into the communities and the member retiring on reaching 70 years of 374 Land and Resources Tribunal Bill 9 Mar 1999 age, resigning, or, in the unfortunate set of the Premier's forward-looking approach to circumstances, being terminated in precisely native title. By adopting commonsense the same way and for precisely the same solutions and a vision that brings all reasons as a Supreme or District Court judge Queenslanders on board, real progress is may be. being made for this State. This was no more Importantly, the drafting of the Bill evident than in Mackay last Friday, when provides that a high-quality candidate will be indigenous leaders stood emotionally with the appointed as a presiding member of the Queensland Government, the local authority tribunal. It requires any person who may be and other stakeholders as a visionary appointed as a presiding member to be agreement was entered into, and again last capable of being appointed as a Supreme month when the Premier agreed through Court judge of this State. In addition, the negotiation to two determinations of native title successful candidate must have particular on Saibai and Moa Islands. knowledge or experience of mining or This Bill reflects the Premier's visionary petroleum issues, land issues or something native title position and is deserving of the else considered by the Governor in Council to support of members on both sides of the have substantial relevance to the duties of a House. I commend the Bill to the House. presiding member. Mr REYNOLDS (Townsville—ALP) In addition to the presiding members, the (5.31 p.m.): It is with pleasure that I rise in the Land and Resources Tribunal Bill provides for House to support the Land and Resources the appointment of non-presiding members to Tribunal Bill. In doing so, I acknowledge the the tribunal. By this legislation, a person may Premier's great and progressive leadership in be appointed as an appointed non-presiding respect of this Bill—something that a number member of the tribunal only if that person has of other speakers from the Government side experience of not less than five years at a high have acknowledged today. level in industry, commerce, public Mr Borbidge interjected. administration, industrial relations, the practices of a profession, the services of a Mr REYNOLDS: That is especially so, Government or an authority of a Government. given that the honourable member for Warwick was the next speaker on the list. Alternatively, a person may be appointed With respect to the tribunal, what we see as an appointed non-presiding member if that in this Bill would be in stark contrast to what we person has, in the opinion of the Governor in would have seen had the Opposition been in Council, particular knowledge or experience of Government today. A trilogy of legislation has two or more of the following categories: been put before the Chamber since the Aboriginal or Torres Strait Islander Beattie Government has been in power. That communities, dispute resolution, valuation, this Government has addressed those three mining or petroleum issues, land use issues, areas of concern in relation to native title indigenous issues, cultural heritage, the indicates that it has been willing to bring environment, industrial relations, native title together the different stakeholders to ensure issues, or something else considered by the that we have a just, equitable and balanced Governor in Council to have substantial legislative program. The parties involved have relevance to the duties of an appointed non- worked together in a spirit of cooperation to presiding member. These requirements are ensure that the State's development continues not complex, but they will ensure that and is balanced with indigenous rights. appropriately qualified non-presiding members will be available within the tribunal to assist the I come from an area of north Queensland presiding members in the hearing of matters where the development of the mining industry before it. is paramount. The Carpentaria/Mount Isa minerals province is potentially the most In addition to addressing the appointed exciting and challenging mineral development non-presiding members, the Bill also sets out province in Australia. It will offer development the qualifications for three referees. Once opportunities for many decades to come. In again, those lists of qualifications will ensure my previous role as the chairman of the that the presiding members and the tribunal Townsville Port Authority, I know that we were are appropriately equipped with the necessary able to exploit many opportunities. For expertise on tap to deal with what might be at example, I cite BHP's Cannington project, and times complicated, sensitive and difficult also the Western Mining Corporation project issues. that will soon see one million tonnes of fertiliser That this Government is putting expertise coming through the port of Townsville. That into native title through this Bill is a reflection of reflects the great wealth of the 9 Mar 1999 Land and Resources Tribunal Bill 375

Carpentaria/Mount Isa minerals province and I know that, given the make-up of the our area's potential to assist its development. Land and Resources Tribunal, this State will That potential for development will be take into account the very important balanced with the important native title development opportunities—for example, the principles acknowledged in this Bill. The Carpentaria/Mount Isa minerals province and Premier's Land and Resources Tribunal Bill other opportunities around the State—and provides a balance in respect of the that, importantly, the rights of indigenous membership of the tribunal. There is a people will be balanced with that development. recognition that this body will take its place in This Bill has my support, and I commend it to the community when there is a need for it to the House. examine matters pertaining to the mining Hon. T. McGRADY (Mount Isa—ALP) industry and native title interests. I am very (Minister for Mines and Energy and Minister pleased that the Land and Resources Tribunal Assisting the Deputy Premier on Regional Bill, as part of the trilogy of legislation that has Development) (5.39 p.m.): I am pleased to rise been introduced into the Chamber, will have in the Parliament today to support this Bill, an important role to play in the resolution of which is the third piece of legislation introduced issues in the mining industry and which also by this Government to deal comprehensively pertain to native title. with native title in our State. The Bill proposes the establishment of the tribunal as Earlier the member for Bundaberg contemplated by the Native Title (Queensland) mentioned the events that took place in State Provisions Amendment Act (No. 2) 1998. Mackay last Friday. As the Parliamentary This Act amends the Mineral Resources Act Secretary to the Premier in north Queensland, 1989 by incorporating alternative State I was very honoured to represent the Premier provisions to the "right to negotiate" for grants on that historic occasion, when four native title of exploration and mining tenures. holders and groups in Mackay—the Mackay City Council and the Mackay Surf Lifesaving Members will recall that that legislation, Club—cooperated with the Queensland which was passed by this House on 11 Government in allowing development to go November last year, provides different ahead on unallocated State land. The historic processes to protect the rights of native title and emotional ceremony in the Mackay City holders, depending on the type of activity and Council chambers last Friday illustrated the the type of land involved. It provides separate cooperation between the different procedures for applications for prospecting, stakeholders in reaching and signing the low-impact exploration, high-impact agreements. It also illustrated that the Beattie exploration, mining on non-exclusive land— Government's approach to native title pastoral leases—and mining on unallocated contrasts with that of the Opposition Leader, State land. In effect, the legislation contains who over the past two years has run all over 13 separate schemes. The legislation the State of Queensland whipping up a frenzy establishes clear and fair processes for among miners and pastoralists. We can allowing mining companies to explore for and, contrast that approach with the Beattie indeed, exploit mineral resources. The Land Government's role in the legislation we saw in and Resources Tribunal will be the the House last year and which we see in the independent body which will hear objections to House today in the form of the Land and proposed grants of tenures where consultation Resources Tribunal Bill. and negotiation do not result in agreements. The Opposition is not interested in Passage of the Land and Resources Bill achieving a balance and ensuring justice and is critical to allow the Commonwealth Minister equity for indigenous people, miners and to consider and approve these alternative pastoralists. It is interested in taking a Queensland provisions. The independence of sledgehammer approach to native title. The the tribunal is, of course, central to achieving Bill before us today is a very good example of the relevant determination of the the Premier's excellent leadership in bringing Commonwealth and will also be necessary for together all of the stakeholders. This third the continued operation of the tribunal and the aspect of native title is a very important alternative State provisions. The Bill is component of the legislation required in the meticulous in this regard. State of Queensland. I commend the The Bill abolishes the Wardens Court approach that the Premier has given to us as under the Mineral Resources Act 1989 and a Parliament. His leadership has seen transfers its functions—except the penal Queensland leading the way for every other provisions, which will be transferred to the State in Australia. courts—into the Land and Resources Tribunal. 376 Land and Resources Tribunal Bill 9 Mar 1999

The tribunal will have jurisdiction also in relation arising from small mining leases and mining to hearings under the alternative State claims, prospecting permits, exploration provisions established under the Native Title permits and fossicking. Referees will be (Queensland) State Provisions Amendment eminently qualified, but will not have voting Act (No. 2) of last year and any ongoing issues rights on the tribunal. In addition to being relating to agreements created under them. eligible for appointment as a Supreme Court The Wardens Court has served the judge, a mining referee must have mining community well for over 100 years in solving industry knowledge and experience, as well as disputes and setting conditions on mining experience in land title and land uses or other activities within our State. But the present relevant expertise. This will ensure that the complexity of many mining applications mining referee is familiar with industry practice. requires a greater perspective and a broader More than one mining referee may be understanding of issues, including native title appointed under this legislation. issues, in determining if and how mineral The Wardens Court was characterised by development will take place in Queensland. It its presence on the mining fields and by an is extremely important for the economic growth ability to decide a matter quickly and fairly. of Queensland that we can develop the Those characteristics are retained in the mineral resources of the State and, by doing structure of this tribunal with the position of the so, create investment and, of course, jobs. mining referee. These hearings will be in towns This Government recognises that new near the mining fields so that the miners and mineral developments must take many landowners involved do not incur unnecessary interests into account in deciding if and how costs. The Bill provides that compensation the resources can be extracted. It is no longer hearings, which are currently heard by the the case that if the minerals are in the ground Wardens Court, will be heard by the tribunal then automatically they should be produced composed either as the mining referee or a and, as such, this legislation takes this into single land court non-presiding member. account. Modern day issues are complex The Government prefers the parties to involving land-holder rights, native title rights, reach agreement on the terms and conditions environmental issues, planning considerations for development, and I expect this will still and the economic needs of the State. happen in the majority of cases. We will be The tribunal also will have jurisdiction providing mediation assistance to resolve under the Cultural Record (Landscapes disputes at all stages of the application for Queensland and Queensland Estate) Act of mining tenures. In addition to the mediation 1987 and the Government's forthcoming new offered by mining registrars in the early stages indigenous cultural heritage legislation. The of mining tenure applications, the tribunal will tribunal will comprise a president, two have a mediation referee and trained additional presiding members, three non- mediators to assist parties in resolving their presiding members, a registrar and deputy issues at various stages in the process. But in registrars. Complex cases and any cases those cases where agreement cannot be involving native title are to be heard by a reached, there is a need for a well-resourced multiple member panel. and highly respected arbitral body—which the Land and Resources Tribunal certainly will be. The Commonwealth Native Title Act of Such an increased status of the tribunal has 1993 requires that a member of the National long been asked for by most parties involved Native Title Tribunal participate when the in this industry—mining companies, tribunal is determining objections by native title landowners, environmental groups and local parties to grants of tenures on unallocated governments. The issues in competing land State land. The president of the tribunal is a uses are becoming more and more complex, position equivalent to a Supreme Court judge and the ability of one person to determine this and the deputy presidents' positions are wider range of issues has been increasingly equivalent to that of a District Court judge. questioned. Presiding members are appointed for life Where the Wardens Court had jurisdiction unless they retire or their positions are for a proceeding under the Mineral Resources terminated. This will ensure that the tribunal will Act 1989 immediately before the be a highly respected body, which is in commencement of section 83, the tribunal has keeping with the importance of the mining the jurisdiction to finish the proceeding. The industry to our State. tribunal will be sufficiently resourced to enable A mining referee will also be appointed for it to travel to regional centres to hear cases a five-year term. The mining referee will hear and make determinations. This will be and determine many of the procedural matters important for its credibility and profile. By 9 Mar 1999 Land and Resources Tribunal Bill 377 providing quick and cost-effective hearings was able to get a complete understanding of where the subject matter of the proceedings is all parties' perspectives on all of the issues. I not complex, the legislation minimises the understand that at times this was not the most disruption of existing processes under the pleasant experience, but it was important to Mineral Resources Act 1989. In other cases, it obtain a full understanding of what people provides access to a more prestigious forum thought and where they thought the answers with appropriate expertise for resolution of might lie. native title and other complex issues. In line with the extensive consultations The mining industry, the indigenous that have been undertaken with every single community and landowners support this piece of native title legislation that has been approach. The Government is proud of its considered by this House, the Premier has record, over only a few months, in introducing ensured that his policy of negotiation has been native title legislation which is more incorporated wherever possible. This has comprehensive, more effective, more included extensive negotiations over the integrated and fairer than that introduced or provisions of native title legislation with even contemplated by any other State or organisations such as the Queensland Territory jurisdiction in this Commonwealth. It Indigenous Working Group, the Queensland will prove to be durable legislation which Mining Council and the United Graziers establishes the proper balance between the Association. Involving these organisations in rights of miners and native title holders and the preparation of legislation has resulted in which provides a sound basis for getting the better quality legislation, which means more industry in Queensland back on its feet. This workable legislation and, as a result, legislation outcome is in the interest of all that everyone can live with. Queenslanders. I commend the Bill to the House. When honourable members examine the alternative State provisions, the primacy that Ms NELSON-CARR (Mundingburra—ALP) has been given to consultation and (5.49 p.m.): Members on this side of the negotiation is self-evident. For example, the House welcome the consideration of the Land alternative State provisions in relation to low- and Resources Tribunal Bill today because it impact exploration provide for consultation represents the new way forward—a way between the explorer and the native title forward which has been determined after parties prior to entry onto land where native extensive consultation with all parties by a title may exist. Consultation must relate to the Premier who gets things done. Under the impact of the activities on the land. previous Government, the State's administration of native title issues was Similar procedures exist in relation to bogged down because its way forward was to prospecting permits and low-impact mineral litigate everything. This was a policy destined development licences. These procedures to fail, and the record of those opposite in ensure, in accordance with the Commonwealth solving native title issues is testament to that Native Title Act, that native title parties are failure. properly consulted prior to these activities Members opposite might ask how the being undertaken on land where native title Beattie Labor Government has been so might exist. It will be this factor, amongst successful in an area in which their record is so others, which will ensure the success of the abysmal. There are three factors which the alternative State provisions. Beattie Labor Government took into The final factor that has ensured the consideration which have been the hallmark of success of the Premier's native title strategy is its success when it comes to native that we on this side of the House respect title—consultation, negotiation and, finally and Aboriginal and Torres Strait Islander persons most importantly, respect for the indigenous and are committed to the goals of person. reconciliation and the improvement of quality I think it is important that all members of life for all indigenous Queenslanders. The understand why the three factors which have creation of the Department of Aboriginal and been taken into account by the Beattie Labor Torres Strait Islander Policy and Development, Government have delivered it successful which was delinked from the Department of outcomes on native title. As to the first factor, Family Services, is evidence of our consultation, the formation by the Premier of commitment to these goals. These three his Native Title Task Force brought together factors, which have ensured the success of the diverse interests of those affected by the this Government, have been integrated into native title issue. For the first time, the Premier the Land and Resources Tribunal. 378 Land and Resources Tribunal Bill 9 Mar 1999

The final form of this legislation has been Where dramatic breakthroughs and the result of extensive consultation with all concrete outcomes have been achieved, it has interested parties. The role of agreement not been through litigation but, instead, through negotiation is central to the alternative through solution-based agreements State provisions, from which the majority of the negotiated in good faith and with the goodwill tribunal's jurisdiction will be derived. The of all interested parties. The Beattie Labor tribunal is designed to be informal, flexible and Government approach has shifted the focus to responsive to the needs of parties who come encouraging and facilitating these before it. agreements, particularly in the light of the new Finally, the Land and Resources Tribunal stature afforded to the agreements under the Bill acknowledges and respects indigenous Commonwealth Native Title Act. Indeed, I culture through making provision within the understand that in a number of cases the tribunal structure for the appointment of an officers of the Directorate of Native Title indigenous issues referee and the capacity to Services are assisting parties to native title deal appropriately with culturally sensitive disputes to resolve these issues through issues. Also, all presiding members must have indigenous land use agreements. I would particular knowledge or experience of encourage both land-holders and indigenous indigenous issues. I commend the Bill to the parties to seriously consider the benefits that House. these agreements can provide to all parties. It is in this atmosphere of negotiation and Mr FENLON (Greenslopes—ALP) not litigation that the tribunal we are debating (5.53 p.m.): I welcome this opportunity today today must be considered. Whilst the presiding to contribute to the consideration of the Land members and non-presiding members of the and Resources Tribunal Bill. I do not think any tribunal will be eminently and suitably qualified member of this House can underestimate the to undertake these responsibilities—and in the complexity of the native title issue. Indeed, for case of the presiding members qualified to be the previous Government this complexity was appointed to a Supreme Court—it is important an excuse to do nothing. Unlike the Borbidge to note that the tribunal is not a court but a Government, the Beattie Government has not tribunal. As a tribunal the organisation will be avoided the difficult issues. Close to the top of far better able to ensure that its processes and these difficult issues has indeed been the hearings are culturally sensitive. issue of native title. The tribunal must observe the rules of Almost immediately on coming to natural justice, but it is not bound by the rules Government, the Premier announced the of evidence. That characteristic will allow the formation of his Native Title Task Force. The tribunal proceedings to be conducted in an Native Title Task Force, which the Premier informal manner and will permit decisions personally chaired, involved in the consultation which will be more acceptable to all parties. As process for the first time the various and the Premier has stated, it is envisaged that the diverse interest groups that were and continue tribunal will not be a Brisbane-bound body but to be affected by the issue of native title. will conduct hearings throughout the State of Importantly, from the outset the Government Queensland. adopted the approach that fighting out native As noted by the report of the Scrutiny of title issues in the courts did not provide the Legislation Committee, in its remarks on way forward. Whilst litigation has its place, the whether the Bill has sufficient regard to Government has built its approach to Aboriginal tradition and island custom, the formulating a new process for dealing with tribunal will take into account such issues as: native title issues on a commitment to its degree of formality in procedures; the encourage all players in the process to work degree to which it relaxes the strict evidentiary together to reach agreement. rules; the taking of group evidence from Litigation has been hugely expensive for indigenous witnesses; the exercise of taking Queensland taxpayers. It has dragged on for evidence in a culturally sensitive manner; the years and ultimately failed in practical terms to way in which the tribunal deals with indigenous clarify the day-to-day impact of native title. The witnesses who may not have the same fluency decisions in Mabo, Waanyi and Wik left in English as do the members of this House; indigenous people still without any clear and, finally, a recognition that the framing of a guidance as to their rights and interests in land question to an indigenous witness, given their management in this State. It is ironic that the mode of response to such questions, will be Bjelke-Petersen Government had such a influenced by cultural factors. How it does this strenuous role in creating these precedents. will ultimately be the test of the success of the 9 Mar 1999 Health Portfolio 379 tribunal. In all these things the Bill achieves the unacceptability of such an extremely long necessary balance. delay for surgery in emergency circumstances. The Premier's native title strategy also Yesterday at Toowoomba, the Minister recognises the important role that mediation sacked the hospital's top executive and will play in his "negotiate, not litigate" solution announced an "administrative restructure", to the native title issue. The Bill recognises the which is a pseudonym for a massacre. Once importance of mediation through the office of again, when a hospital is in trouble, her answer the mediation referee. The mediation referee is to look for scapegoats. She sacks the must be legally qualified and have, in the executive team and then does not announce opinion of the Governor in Council, a high level any additional funding for that hospital, which of knowledge or experience in two or more of is servicing a major region. I say to the the following: dispute resolution, mediation, Minister: your Government spent an extra $8m land title and land use issues, or something to run the Premier's Department in one quarter else considered by the Governor in Council to than Premier Borbidge, but you cannot seem have substantial relevance to the duties of the to find the money for Toowoomba and other mediation referee. hospitals around the State. I think you and your Government have got your priorities Debate, on motion of Mr Fenlon, wrong. The Beattie do-nothing Government is adjourned. all about doing fancy PR rather than the hard yakka in delivering in such key service areas as health. You are simply not up to the task. HEALTH PORTFOLIO After the Toowoomba massacre, there will Miss SIMPSON (Maroochydore—NPA) be a lot of other hospital administrations and (6 p.m.): I move— their staff who will be shaking in their shoes. "That this House notes with concern Aside from the executive staff, how many the massive $50m budget blow-out hitting other staff at Toowoomba will be sacked, and Queensland’s public hospitals which is how many full-time positions will covertly not be resulting in severe cuts to patient services, advertised, with a growing legion of casuals left the closure of hospital beds and a wondering about their job security? And what blowout in waiting lists, and condemns the about the other hospitals? The Royal Brisbane Health Minister’s gross mismanagement Hospital has a $14m budget overrun. I of the health system and her disgraceful understand that that hospital also has about attack on the dedicated senior staff who 30 closed beds, despite running near capacity, work in our hospitals." and it is also not filling permanent positions under this Minister. Will Dr John Menzies, the The cracks in the edifice of the do-nothing district director, be the next to fall under the Beattie Labor Government are widening. poisoned sword of this Government? What Apparently, it is the Premier's decision to do about the Prince Charles Hospital, which is nothing about an unrepentant Health Minister, $1.8m over budget? And what about those whom he continues to defend. Something is other highly efficient teams at the Caboolture desperately wrong with a Government that and Redcliffe Hospitals and the Nambour allows a senior Minister—Health Minister Hospital which, respectively, are struggling with Wendy Edmond—to go unchastised for a $2m and a $2.5m budget blow-out? What abusing patients and staff for problems within will they be thinking after the Toowoomba the State's hospitals. Never has a State episode? Government had so much Federal funding for hospitals—a record amount of funding—but Then there is the Bundaberg Hospital and already we have seen semi-urgent wait times its $1m budget blow-out. I acknowledge that nearly double under this Government. the Minister tripped along to Bundaberg the other day and gave the hospital a million-dollar I am absolutely appalled that this Minister bail-out package, but she has not promised is so desperate to cover up the problems in the same again next year. The highly the hospitals that she would slander a man respected medical superintendent at that who presented for treatment at the Gold Coast hospital has recently resigned, and that Hospital with a slashed arm and had to wait 28 hospital has also seen nearly a doubling of the hours for surgery. This is a real person who percentage of semi-urgent long waits for has suffered because of the breakdown in the surgery since Health Minister Edmond took the health system. The Minister has lost the plot helm. It is another hospital that has had a by failing to see the impact on a young man downgrade in hospital services with the closure who may not regain the full use of his arm. of the general outpatients clinic. And in case The Minister fails to acknowledge the the Minister had forgotten—the Minister 380 Health Portfolio 9 Mar 1999 approved this closure, just like the bed Matthew Scott-Young on the Gold Coast—a closures at the Nambour Hospital. But she well-respected surgeon who resigned because could not remember doing so when she visited of the difficulties that the Gold Coast Hospital Bundaberg. I will come back to her memory was having in getting adequate funding. The problems later. people were marching in the streets over the Altogether, there is about $50m in budget Gold Coast dilemma. Perhaps the Minister overruns in the Health Department at this wishes to abuse those people as well. moment. I have listed just a few of the Then there is the Nambour Hospital. Like hospitals that are struggling because of the the Gold Coast, that hospital is experiencing cutbacks to elective surgery funding alone. All tremendous growth but, contrary to the this is at a time when the State Government Minister's claims of an increased budget, the has received a record amount of money from documentation shows that it has, in fact, the Federal Government for hospitals and experienced a reduced budget. What is the surgery. There is an extra $1.3 billion available Minister going to do? Is she going to abuse to this Government that was not available to the staff for being some of the most efficient in the coalition Government. There is also $103m the State? At Christmas time, the Minister in windfall funding that came because approved the closure of 36 beds at the Queensland signed early. That agreement Nambour Hospital, but today in question time also meant that Queensland would get a she seemed to have forgotten that. There are share of any bigger offers if other States also some 25 full-time permanent positions at subsequently were offered more—as they the hospital that have been deliberately left were. That is the best Medicare deal a State unfilled because of the budget problems. The Government in Queensland has seen. Yet this Minister has a convenient memory because, Government, right at the start of a five-year despite her district manager's report confirming Australian Health Care Agreement, still cannot her involvement in the bed closures, in the manage the budget. It still cannot maintain the House this morning the Minister said that she budget. It still cannot maintain the coalition's did not get involved in operational matters. trend for falling wait times for elective surgery, Well, it is about time that the Minister did get nor can it show a bit of compassion for people involved in managing the department, rather who are suffering as a result. than having her bureaucrats manage her. I renew my challenge to the Minister: why does We also saw in the Parliament this she not allow Sunshine Coast media to inspect morning another example of the Minister's lack the 36 beds which are still closed well after the of compassion and grasp of her portfolio. I am Christmas break? The Health Minister should happy to give the Minister the details of the hang her head in shame for her lack of young couple who wrote to me about the compassion that was shown this morning, tragic loss of their unborn child and the when she slandered a patient who had had compounding of their grief through the the misfortune to wait so long for surgery. treatment they received at the Royal Women's Hospital. The mother had suffered the grief of Then there are the mental health issues. I losing a baby, but she was forced to endure would like to quote the Minister, who thinks five hours of bleeding and severe pain while there is not a problem with acute mental waiting for a medical specialist to remove the health beds in south-east Queensland. The placenta. This couple very strongly wished this Minister stated— issue to be brought to the attention of the "There is no indication of a shortage Minister and gave me their approval for the of mental health beds in south-east matter to be raised in the Parliament. They Queensland." also wanted to clearly make it known that they The Minister also went on to talk about how were not criticising the staff; they only had emergency beds were available and that, praise for the hospital staff who, despite the according to the mental health services, those work pressures they were under, treated them beds had been accessed only about twice in compassionately. The problem, this couple the last six months. I think that the Minister said, was a lack of staff. Once again, the had better stop listening to her close circle of Minister, in her answer to a question on this bureaucrats and start talking to the doctors issue, showed her complete lack of and psychiatrists who are dealing with this compassion or ability to understand that these issue at the coalface. When I talked to Dr are the real concerns of real people. Eileen Burkett, who last week issued a press If there is any doubt that this Minister has release from the AMA, she said that she and made a habit of attacking staff when the going staff members spent hours ringing around gets tough, do not forget the incident with Dr looking for beds for mental health patients. 9 Mar 1999 Health Portfolio 381

That is hardly the best use of time for treating massive budget blow-outs. The Government psychiatrists. was forced to rescue Bundaberg Hospital with The College of Psychiatrists has also a $1m cash grab redirected from other areas been calling for some months for a review of of the Health budget. This is just one example the current number of acute mental health of fundamental mismanagement in beds. In light of the Minister's answer this Queensland Health. morning, it is obvious that she has not realised Will the mismanagement of our hospital that there are problems with access to mental system create a domino effect? Let us have a health beds. Even when there is a suicidal look at some other instances of poor actions man who threatens to kill himself and his wife, that have been forced upon Queenslanders. he is unable to get a mental health bed for There has been the termination of contracts more than a week. If the Minister does not with private facilities, leaving patients to join think that something is wrong, there is already unbearably long waiting lists. If the obviously something wrong with her budget blows out this Minister will just close it management. Furthermore, it is also wrong to down. have psychiatrists who are being paid, say, We have recently seen the closure of the $100 an hour, or their registrars, having to drug and alcohol unit at the Toowoomba Base spend hours ringing around looking for where Hospital. This unit offered detoxification and these beds are supposed to be. rehabilitation services to Government agencies The Minister has to undertake that review, and the general public since 1982. Where to and she must put in the coordinators who can now for those who so desperately need its do that work instead to access these beds services? Toowoomba Hospital has a budget which are supposed to be available. But this blow-out of more than $7m. The Government's Minister cannot do anything, because she is a reaction to this situation was to restructure, Minister in a do-nothing Government, and they which is just another fancy name under this continue to ignore the problems and the Government for the sacking or redeployment reductions. This is a do-nothing Government, a of key staff. Where are the Labor members can't do Government, which continues to standing up and speaking about this? Where reduce services. It has not delivered in this key are the union people? Where are you, Jim area of health. Fouras? Time expired. The Minister is using the staff as Mrs SHELDON (Caloundra—LP) scapegoats for her lack of control. Does she (6.10 p.m.): I rise to second the motion moved believe the same of Toowoomba Hospital as by the member for Maroochydore. she stated today in this House about the Queensland Health is in total disarray. In 1993 situation at Nambour General Hospital—that the health crisis was described in the she leaves the operational matters to the Queensland Parliament as a ship without a people who are paid to manage hospitals? It rudder going from crisis to crisis under a Labor would seem not. Government. Now, some six years later, we But it is not just Toowoomba Hospital that are facing the same situation with yet another is in crisis. Nambour Hospital is $2.5m over Labor Government. budget. Should its staff and the public fear Queenslanders are having to suffer the restructure? Redcliffe Hospital is $2m over trauma of an endless series of Labor health budget. Should its staff and the public fear plans and a Minister incapable of running the loss of vital front-line services? Caboolture State's health system. In previous years under Hospital is $2m over budget. Prince Charles a Labor Government we saw a system that Hospital is $1.8m over budget. Bundaberg strangled true health care delivery with failed Hospital is $1m over budget. It seems that the plans that started the bed and theatre closures list is never ending. Once again we are seeing whilst waiting lists were growing and growing. a Labor Government that is not capable of Discontent amongst staff grew to disturbing running the health system in this State. There levels. Today under the Beattie Government is gross incompetence—or as those opposite we are reliving this nightmare. call it "budgetary problems"—evident at every The question needs to be asked: what is corner turned. the state of Queensland Health today? Well, it An issue that particularly concerns me is appears that the Minister cannot manage the the Caloundra Hospital redevelopment Health budget. From her answers this morning, scheme. This scheme has now been on the she obviously does not know. Toowoomba, boards for a number of years. It was contained Nambour, Redcliffe, Caboolture, Prince in two coalition Budgets. It has still not been Charles and Bundaberg Hospitals all have delivered by this Minister. At the moment "they 382 Health Portfolio 9 Mar 1999 are grading roads". That is as far as it has budget proposal for this year and $288m—or gone. I would like to quote from the manager's 8.4%—more than the budget approved by the report to the Sunshine Coast District Health coalition last year. The new initiatives alone Services. He reported that work would be that we have introduced as part of this record commencing very shortly. That has been said spending are worth more than $93.8m. for the past two years. He reported— The motion today also gives me the "Whilst the project planning is opportunity, through my amendment, to advanced the project has been estimated remind Queenslanders that public health to be considerably over budget. A services in Queensland are under increasing meeting was held at Capital Works and pressure from a range of sources. How ironic Asset Management Branch on 12 that a coalition, which in Government could not January 1999 and as a result of this come up with any new ideas or any new meeting a revised plan was developed initiatives in Health, is now trotting out the which maintains the integrity of all same tired, old bleatings. In Health, the services." coalition was well and truly a never-never I spoke to the previous Minister about the Government. It never did anything to improve delays that were occurring at Caloundra the Statewide health situation. Possibly the Hospital. The management services branch only change the coalition made was replacing that was looking after the plans kept changing budget overruns with budget carryovers or the plans. In the Budget we had $14.8m. The negative carryovers. Some achievement! The plans were signed, sealed and delivered. We coalition also never came to terms with the are talking about last May. The plans are still issues confronting health service delivery in being revised and we still have nothing Queensland. happening at the hospital. Meanwhile, I know We have seen the mathematically that the $14.8m has been used by this challenged member for Maroochydore trying to Minister to prop up other capital works in other claim that the Commonwealth gave hospitals—most probably in Labor electorates. Queensland Health more than $100m extra to I notice the Minister nods. The Minister actually reduce waiting lists this year. I wish the nodded; she agreed with my statement. That Commonwealth had done that. I do indeed will go down very well on the Sunshine Coast. wish that the $103m in CUT money, to which What we are seeing here is deliberate she refers, could be divided by five delaying tactics so that the Minister does not years—because it is spread over five have to use that capital works money. This years—and that we would still get $100m a was money that was previously allocated by year. Even on my mathematics that does not the coalition Government. There is no doubt add up. However, it might add up under the that the Caloundra Hospital redevelopment is coalition's mathematics. yet to proceed. Let us have a look at the facts. Last Time expired. year's second Queensland Health budget—the Hon. W. M. EDMOND (Mount Coot-tha— one that was proudly brought down by ALP) (Minister for Health) (6.15 p.m.): I move— Labor—was $288m more than the previous year's budget brought down by the coalition, "That all words after 'concern' be and $129m more than the coalition's May deleted and the following be inserted— budget. The increased funding brought down 'the increased pressure placed on by Labor for this financial year has allowed us Queensland public health services by to proceed with a range of new initiatives that the decrease in private health have significantly boosted health services insurance, an ageing population and across the State in palliative care, in accident increased expectations and also and emergency, in parenting support, in notes the range of new health adolescent health, in mental health and in services being provided in the record surgery. These initiatives are all about Queensland health budget by increasing and improving health services for dedicated Queensland Health staff.'." Queenslanders. I thank the member for Maroochydore for We also abolished the Horan health tax moving the motion because it gives me which would, over years, have sucked out the another opportunity to remind Queenslanders bulk of growth funding—$2m this year, $25m that this Government introduced, and this next year and up to $80m a year for ever and Parliament has approved, a record Health ever thereafter. We have continued the budget. The budget of $3.772 billion is elective surgery strategy started by Premier $128.8m—or 3.6%—more than the coalition's Beattie when he was Health Minister and 9 Mar 1999 Health Portfolio 383 which was taken up by the previous Minister, number-cruncher, and it is glaringly obvious the member for Toowoomba South, and how bad she is with numbers. On radio, claimed as his own. He is someone who has television and even here in the Chamber this never had an original thought in his head. morning, the member for Maroochydore The difference is that we have been open proved just how mathematically challenged and honest about it. What do the figures for she is. She has been repeating the fallacy that waiting lists really show? We do not see the only $77m out of the $620m allocated this manipulated data that we used to see. This year has been spent so far. She has no year we see that there are half as many understanding that the $77m to which she waiting as there were at the same time last refers is a figure only for new contracts signed, year. More importantly—because this is what not an actual total expenditure for the whole people want to know—more than 4,000 period—new contracts, not total expenditure. patients, or nearly 6% more, have had their Here are some of the facts. The surgery since the Labor Government came in appropriated expenditure for the Queensland compared with the same period in the previous Health capital works program this financial year. Unlike the previous Government, we year, including joint State/Commonwealth have full Treasury funding for the EB 3 programs, is $621m. As of 31 January this agreement which is on the table at the year, I am advised that the actual expenditure moment. We are not going to cut any services by the Health Department on capital works is in order to meet the increase in pay for our $288m. All the indications are that we will dedicated hospital workers. This is in contrast spend all of the allocated $620m this year. to the $25m of unfunded commitment given by the previous coalition Health Minister. He To show where this confidence comes gave the staff a rise but the hospitals were from, I ask members to consider the following: expected to cut services and staff to get it. Of at the Royal Brisbane/Royal Women's course, they did not. They could not. redevelopment site, the budget estimate this year was an expenditure of $53m. We are on This is the money which we have had to track to spend slightly more than that figure. find within existing budgets. But even after The Princess Alexandra Hospital rebuilding making adjustments for one-off payments we program is 12 weeks ahead of time and on were still able to increase funding to every budget. In my own electorate of Chermside, it single one of the 39 health districts. Despite was anticipated that we could spend $42m. In the inaccurate claims made by the Opposition fact, we will probably spend closer to $49m this earlier, this includes the Sunshine Coast with a year at the Prince Charles Hospital. 4.3% budget increase, the Gold Coast with a similar rise and Townsville with a 7.1% I ask members to contrast that level of increase. capital works with what happened in the past financial year under the Borbidge Government. I remind members opposite that, in Departmental records show that the coalition January 1998, 14 districts were foreshadowing Government's budget allocation for the 1997- budget overruns. This year, in January, 11 98 financial year was $557m but their actual districts are forecasting budget overruns expenditure amounted to only $475m. That totalling not the way-out figures that the leaves a massive shortfall of $82m not spent member opposite is saying, but the $33m that by Opposition Leader, Rob Borbidge, and the I have indicated already, and of which $25m member for Toowoomba South, Mike Horan, appears to be the unrealised EB 2 savings. when they were in the positions of Premier and However, that needs to be kept in Health Minister. That $82m could have been perspective. With more than $33.5m still to be spent on improving Queensland's health allocated this financial year, there is no crisis. facilities and giving Queenslanders jobs. Of course, Health budgets are always tight. The Beattie Government's Capital Works One could always spend more, but clearly the Program spending this financial year has Health budget is far from any crisis situation. created about 9,000 jobs. Add to these jobs Time expired. the jobs of 600 additional workers who are Mr SULLIVAN (Chermside—ALP) delivering health services as a result of the (6.20 p.m.): I rise to support the amendment Beattie Government's health initiatives, and moved by the Health Minister. We now know the people of Queensland will see what a can- why the former Deputy Leader of the do Government the Beattie Labor Government Opposition, the former Health Minister, failed in is. his leadership challenge against the It is timely also to remind members, Opposition Leader, Rob Borbidge. He particularly the new members opposite, that anointed the member for Maroochydore as his the Queensland Capital Works Program, which 384 Health Portfolio 9 Mar 1999 contains one of the largest public hospital performance as Minister was a disgrace. I rebuilding programs of its type in the world, support the current Minister. was a Labor Government initiative. That Mr HORAN (Toowoomba South—NPA) initiative contrasts starkly with the coalition's (6.25 p.m.): What a tragedy it has been for record of 32 years during which it allowed the Queensland to be hit again with a Labor hospital system in Queensland to run down. Government in charge of the hospitals of this Every single member in this Chamber knows State. We all have to ask the question: where what a shambles the Royal Brisbane Hospital has all the money gone? We saw this happen was. Members opposite have been into some before under the Goss administration and we of those buildings that should have been are seeing it again now: $103.5m of sign-on condemned in the 1950s, yet they were still money obtained under the Medicare allowed to operate as supposedly tertiary level agreement—one-off, up-front, sign-on money wards up until Wayne Goss and a Labor obtained through the Medicare agreement on Government said, "No. Enough is enough. We top of the huge rise that was negotiated in the need $1.5 billion over 10 years to change it." ordinary year-to-year funding over the five-year However, under the coalition the Capital term of the agreement. Where has that money Works Program stalled, and stalled badly. That gone? All we see are hospitals with budget is an undeniable fact. That is how we explain crises. Where has the money gone? Has it part of the $82m underspent just in one year gone into the hospitals? Has it gone into under the former Health Minister. Fortunately, elective surgery? under Labor it is back on track. Under Labor, In terms of elective surgery, all we have Queenslanders across the State will have seen is a massive blow-out. After two years of world-class hospitals and community health hard work by the staff in organising Surgery on centres. We will do it without the Horan health Time—the doctors, the nurses, the technical tax that would have ripped $554m out of and support staff—to get the semi-urgent wait hospital budgets over nine years. I ask times down to around 10% across the State, members: do they remember the Horan health that wait time has now doubled—blown tax? I say to Mr Horan that some of the new out—to just on 20%. What an absolute members do not, but we do. That was where tragedy for this State! the member for Toowoomba South, as During this debate, I have heard Labor Minister, handed out capital works money with members interject asking, "Where are you one hand and then took it back from the going to get the money for all of this?" hospitals in a capital works repayment in the Everyone wants more money for health. What other. What a neat trick! "We will give you did the members opposite do with the money? some money to build things but we will take We received the biggest Medicare increase money back in the Horan health tax." That is ever seen in history—a $1.35 billion increase something that is not being done now. That over five years and we got $103.5m of the was abolished under Labor. $120m sign-on money that was available The member for Maroochydore is so out across Australia. We in Queensland got the of touch. In a media release of 3 March, when lion's share. What has happened to all that referring to the Townsville Hospital money? Where on earth has the money redevelopment she even confused the Public gone? That is the question that should be Accounts Committee with the Public Works asked in this Parliament as we see hospital Committee. However, that is just one of the after hospital in financial crisis. many, many mistakes she has made. She was We see the situation in the Toowoomba wrong again there. Hospital of the $7m budget overrun. However, what about the Royal Brisbane Hospital, which In the few seconds remaining to me, I has double the budget of Toowoomba remind the member for Toowoomba South Hospital but also has double the budget that the people of Brisbane's north side have overrun—a $14m budget overrun? Are there not forgiven him for ripping out the community going to be any scapegoats in the Premier's hospital facilities at the Prince Charles Hospital. electorate? Is the district manager going to get I will detail further how the member caved in to the sack, along with the medical super and the the medical mafia at the Royal Brisbane director of nursing? Or is it just because Hospital and, through ripping out the facilities Toowoomba happens to be a regional town at the Prince Charles Hospital, not only and Labor thinks that it can do it that way? deprived the people of Brisbane's north side of services but also added tens of millions of Mr Sullivan: You know what you did. dollars of extra costs to the rebuilding of the Mr HORAN: The member represents an Prince Charles Hospital. The member's electorate on the north side of Brisbane. What 9 Mar 1999 Health Portfolio 385 does he think about the situation at the Royal Hospital like there was a bailout for the Brisbane Hospital—a $14m budget overrun? Bundaberg Hospital? I bet there will not be. The Government will do nothing about that. It If there is one thing that we have to will probably bail out the hospital like it bailed concentrate on in this debate tonight, it is that out the Bundaberg Hospital because it once again we are seeing a Labor happened to be in a Labor electorate. Government squandering precious health Today, we have heard plenty about some money. This Labor Government was left with a of these overruns: Nambour Hospital, $2.5m department that was absolutely awash with and 36 beds at the Nambour Hospital still money after the Medicare agreements, with closed; Prince Charles Hospital, $1.8m; the sign-on money and the recurrent increase Bundaberg Hospital, $1m; Toowoomba over five years. What on earth is happening in Hospital, $7m; the Royal Brisbane Hospital, Queensland to all the money that was left in $14m; and Redcliffe and Caboolture Hospitals, the Health Department? $2m. I ask the question—and I am going to do Time expired. so over and over again tonight—where has all Mrs LAVARCH (Kurwongbah—ALP) the money gone? What on earth has the (6.30 p.m.): I am pleased to support the Government done with the money? Certainly, amendment moved by the Minister for Health. it is not spending it on the hospitals, which are If members opposite truly cared about the at the front line of service. health of Queensland citizens and if they truly The Government is certainly not looking cared about our hospitals, they would not be after the elderly people. Tonight we have playing personality politics; they would be heard some stories about not being able to getting behind our push for a better health get a mental health bed. In terms of mental funding deal from the Commonwealth health, the coalition Government put in place a Government, which is formed by members system of emergency beds that would be from their own side of politics. If the member available so that that problem could not occur. for Maroochydore wants to do something We put it in place in conjunction with the constructive, she should speak to her Federal various psychiatrist and psychologist groups. colleagues. If members opposite truly cared At the moment, a Treasury razor gang is and if they wanted to do something going through Health, but there are all of these constructive—if they were not just in it for the unfunded promises that Labor made during short-term political gain, to get a 15-second the last election campaign. When the coalition grab on TV to get better known—they would came to power, it had to fix up the capital pressure their Federal colleagues to ensure works budget when it found a $1.2 billion that Queensland is not short-changed $465m shortage. When Premier Beattie was the by the Commonwealth Government. They Health Minister, in one of the most scurrilous would join forces with us on behalf of all campaigns I have ever seen he travelled Queenslanders. throughout the State of Queensland going to If members opposite were of a view—as hospital after hospital saying, "We will build they should be—to join forces with us and you an $80m hospital", when he knew that lobby their Federal colleagues, that would give there was only $40m in the budget. He did our prospects a little bit more oomph than that in the week after the Mundingburra by- when they were in Government. One of the election. It was one of the most scurrilous most appalling things that happened when campaigns that this State has ever seen. I will those opposite were in Government was their never forget the low-grade hypocrisy of that response when the Commonwealth withdrew particular campaign. the dental health program. At that time, the member for Maroochydore said— Tonight there is going to be a real test for the member for Nicklin. Before he slithers "I regret to say that the across the carpet, he ought to think about Commonwealth dental health program will whether he stands for the people of his continue only until 31 December 1996. electorate. What about the 36 beds of the ... hospital in his electorate? What about the staff I am very disappointed that the of that hospital? What about the budget Federal Government has pulled the overrun of that hospital? Now is the time for money out of that particular program." the member to stand up—to be a bit proactive on behalf of his own hospital and not be a The shadow Minister for Health should have captive of the Labor Government who used been outraged, but all she said was, "I am him when it wanted to. What do we see? Is disappointed." there going to be a bailout for the Nambour Miss Simpson interjected. 386 Health Portfolio 9 Mar 1999

Mrs LAVARCH: Yes, the previous for long-term mental health consumers in his Government did continue it, but at what cost? electorate. Shame on the member for What service is there for our dental patients? Mooloolah! This is despite the fact that the The waiting list to get an appointment for a people involved—— check-up blew out to 27 months. Time expired. Mr Sullivan: They had a waiting list for Mrs GAMIN (Burleigh—NPA) (6.35 p.m.): the waiting list. This morning in this place I asked the Health Mrs LAVARCH: Yes, they did have a Minister to explain why a young mother and waiting list for the waiting list. Then the her husband were forced to suffer a five-hour honourable member buried her head and wait for a medical specialist at the Royal would not address the issue. All she would say Women's Hospital, an enduring and lengthy was that the former Government kept the wait while the poor young woman was service going, but I am afraid that it could not suffering immense pain and blood loss. In the be called a service. husband's words, the treatment was— I wanted to make a positive and "... five hours of what I can only describe constructive contribution to the debate tonight. as cruel and inhumane." I am pleased to say that, in spite of increased In an effort to explain the unnecessary delay, pressure, the Government can justly be proud the woman and her husband were informed by of its record in health generally and in mental hospital staff that the five-hour wait was due health particularly. I will focus on mental health to, and once again I use the husband's for a very good and simple reason: one in five words— Queenslanders will experience a mental illness "A lack of staff because the or serious mental health problem at least once administration had increased in number in his or her life. This startling statistic makes it and departments were fighting for imperative that we provide high quality mental operating rooms while the powers that be health services and facilities throughout were sacking the doctors and nurses." Queensland, otherwise there is the capacity for mental illness to impose a significant burden Instead of the Minister apologising for yet on the health system. Recognising the another case of the Beattie Government's importance of this situation, in its very first gross mismanagement of the health system, Budget the Government injected a record the Minister displayed the ultimate lack of $29m into mental health. That massive compassion and elected to discredit a patient. increase will allow the State Labor Government The Health Minister slandered a patient to to expand and upgrade services in community justify the unnecessary delays and to cover up and hospital settings, particularly in regional the incompetent management of the health and rural areas, mobile intensive treatment, system. child and youth services and services targeting The Health Minister's performance was indigenous people. It also provides for the appalling and unethical. The ease with which implementation of the second national mental the Health Minister displayed a total lack of health plan in communities throughout the compassion and indulged in unethical State. behaviour displays, once again, that the This represents a significant and Premier has no control over his Ministers nor fundamental difference from the position of the standards that they employ. The Health the members opposite, who would rather see Minister's performance was disgraceful and it mental health kept in the background and reflects the sham that the Beattie Government service consumers who are locked away, has become. I can only hope that the Minister literally and figuratively. The proof is in the has dashed off a sincere statement of words and actions of members opposite. While apology, begging forgiveness for her lack of claiming a shortage of mental health beds, the sound judgment and her substandard method Opposition is holding up the development of of operation. new supported mental health accommodation. That poor woman and her husband have In particular, I point to the appalling behaviour had to endure not only a traumatic and tragic of the member for Mooloolah, who is trying to event. The loss of a baby after 18 weeks of obstruct the provision of appropriate excited anticipation of a healthy birth and a community-based mental health services on long life together as a family is one of the most the Sunshine Coast. I am advised that, traumatic experiences that anyone can despite numerous briefings, the member for endure. My heart goes out to them. I know Mooloolah has been actively agitating against that my fellow members of Parliament who the development of the community care unit have a sense of compassion will join me in 9 Mar 1999 Health Portfolio 387 commiserating with the husband and wife and, Unfortunately, as we have witnessed similarly, with the Gold Coast patient who the many times previously, a Labor Government Health Minister found it necessary to cannot manage and, whether we are talking denigrate. I am very sorry that that patient's about a health system or a financial system, it plight was not given the courtesy and privacy makes a mess of the operation. The coalition that a patient in a Queensland hospital should Government was committed to giving expect. Queenslanders a health system that they I must admit that I was surprised to hear wanted and deserved no matter where they the Health Minister's outburst this morning, for lived. The coalition Government delivered on a I recall only too well her infamous memo to her range of health services throughout the State, Labor caucus colleagues that encouraged which overcame the six years of State Labor members to look out for waiting mismanagement and procrastination under a list victims who could be used politically against Labor Government. The coalition's goal in the former successful Health Minister, Mike health was to get it back to basics—— Horan. I recall the slogan, "a victim a day Time expired. keeps Horan at bay". Sadly, we now look at Ms BOYLE (Cairns—ALP) (6.40 p.m.): the unfortunate way in which the current Tonight I am pleased to support the amended Health Minister treats the true victims of the motion and decry the original motion of the current health system. Opposition spokesperson for Health and the Referring again to the incident that comments of the former Minister for Health. occurred at the Royal Women's Hospital, the They pretend to believe that health is only problem is not with the nurses and doctors; it is about hospitals. They know in their hearts and clearly the responsibility—or should I say the heads that there is much more to health than irresponsibility—of the management of the just hospitals. hospital and the health system. Since 1938, Tonight in the debate they ignored the the Royal Women's Hospital has provided a trends towards day surgery, shorter stays in tremendous service to Queensland women hospital, changes to bed allocations, and their families. The women's hospital is a community-based health services, and highly regarded facility. Over the past 60 years palliative care, such that in their pain and it has been staffed and managed by some of sometimes while suffering terminal illness, our most respected nurses and doctors. Some people can remain in their homes. They ignore 455,000 Queenslanders have been born at the trend towards community-based support the hospital since it opened. I feel confident for mental health services in the community, that the mothers and fathers of those 455,000 which will provide support to prevent Queenslanders would be more than pleased hospitalisation. They ignore the trend towards with the treatment that they received as, early intervention programs and to the broader indeed, I was myself when I had my first baby education and health promotion programs, there almost 40 years ago. which are the programs that will lead us into the new century. Instead they concentrate on However, when management cuts the a hospital system that has been, but which is budget to restrict staff numbers, sadly we no longer, sufficient as a direction for witness tragedies such as I outlined earlier. addressing the health of all Queenslanders. Hopefully, those tragic circumstances, in Their focus on hospital beds is irresponsible. conjunction with the current redevelopment of They are also irresponsible in causing division the Royal Women's Hospital, will provide us in the community based on people's pain and with the opportunity to significantly improve anxiety, when funding from the facilities at the hospital. This major upgrade will Commonwealth is the true problem. give staff the tools they need to continue This evening the former Minister for providing first-class care into the next century. Health, Mr Horan, dared to criticise this However, I remind the Health Minister that Government's Health funding even though we hospitals are not about just buildings and have increased the Health budget. He was the equipment. The lifeblood of any hospital is the one who took the additional $15m in staff—the nurses and doctors—who provide Commonwealth sign-on money and distributed care to patients every day of every year. For it to his favoured areas around the State prior the Health Minister's benefit, I point out that it to the election rather than joining with us in a is her job to ensure that the correct staffing clear plea to the Federal Government to give levels are employed at the Royal Women's Queensland Health funding a fair go. Hospital and at every other public hospital The former Minister would know where under her jurisdiction. that increase in Health funding has gone, and 388 Health Portfolio 9 Mar 1999

I am pleased to say that Cairns has had its Commonwealth health funds? Again, it offers share. It has gone towards palliative care no help. All it offers is destruction, criticism, services—the $10m program recommended to abuse—nothing that is constructive. It will not Minister Horan and which he funded with half a wash with the public. million dollars. Instead our Minister has By contrast, Minister Edmond has progressively increased the funding to the full increased Queensland Health funding, sped $10m amount of the program. The increased up the rebuilding program, broadened the funding has gone towards a quarter of a focus of Health and led with new initiatives. I million dollar increase for local councils' extend my congratulations to her. immunisation programs. It has also gone towards the establishment of the 15 PPP Mr SEENEY (Callide—NPA) (6.45 p.m.): parenting programs that are up and running Tonight I rise to speak in favour of the motion around the State, with a further 15 to be up moved by the member to Maroochydore, and running by the middle of this year. which represents a very fair and responsible response to the record of this can't do Labor In so many debates this week and last Government and another can't do Labor week we have heard how members on both Health Minister, who in seven months have sides of the House understand that crime proven themselves totally incapable of running prevention requires early education in the the State's health system. In that short time home and a focus on family values and the Queensland's most incompetent Health importance of parenting. Our Health Minister Minister ever has demonstrated her inability to introduced that initiative as soon as she manage the State's Health budget. became the Minister. Queensland's most incompetent Health The funding has gone towards test drives, Minister ever has shown a complete lack of as we are calling them, of a new style of child understanding of the basics of budgeting and health delivery involving support groups for financial management. parents and the delivery of child health The results are quickly becoming services into the home. It involves advice, apparent, and no amount of repetition tonight referrals and joint initiatives with other can dull this Minister's shocking litany of Government departments. An example can be failure—Redcliffe Hospital, $2m over budget; found at the Smithfield and Edmonton health Nambour Hospital, $2.5m over budget; centres in Cairns. Bundaberg Hospital, $1m over budget; Prince The money has gone towards innovative Charles Hospital, $1.8m over budget; school nurse programs that address with Caboolture Hospital, $2m over budget; and young people the very issues that frighten all the Toowoomba Hospital, an incredible $7m of us in this House—suicide, drug use, over budget. These figures indicate violence and despair. I am pleased to say that mismanagement and incompetence of the Cairns State High School and Yarrabah mammoth proportions. That mismanagement are part of that program. I am proud to be on and incompetence strikes at one of the most the Minister's health team and proud that our basic human rights of every Queenslander— Minister is leading the shift to a broader the right to adequate health care. delivery of health services—a delivery suited to The tragedy of this mismanagement and the nineties and the new century—rather than, incompetence is that it strikes at individuals. It as the shadow Health Minister suggests, strikes at all of us, and it does so when we are basing health services purely on hospital- most vulnerable. When people need and focused funding, a system that on its own is deserve health care, they find that the millions insufficient. of dollars in budget overruns that the Minister I am amazed that tonight the shadow talks about in this place translate into real pain Minister for Health alleged abuse. She alleges and suffering for them as individuals. abuse after abuse—and the Hansard record Unnecessary pain, needless suffering and shows this—when in fact all members of this unfair inconvenience along with a lack of House know today that the abuses that we treatment and lack of services are becoming heard about are those that have poured from all too common in Queensland's health her own lips. What have we heard from the system, and many examples have been given Opposition in terms of constructive in the House today. There are many examples suggestions? Nothing! What have we heard in that affect real people in my electorate—real terms of alternative health policies? Nothing! people with a real need for health services, not Where have we heard it offer, as the people of meaningless statistics to be manipulated for Queensland would wish, a joint non-political the latest press release from the Minister's effort to secure the proper share of office. 9 Mar 1999 Health Portfolio 389

The health debacle affects people in all too apparent after only seven months of larger regional hospitals, in larger regional Labor administration. communities and in small rural communities. It Elective surgery waiting lists Statewide are affects people everywhere. However, it is in the similarly unacceptable. Up to 25% of patients small communities that the lack of services are now waiting more than ninety days for caused by this Minister's sheer incompetence Category 2 surgery. This has more than in financial management is, in my opinion, doubled since last June, when the worst most cruel. The Monto Respite Centre is one Health Minister in Queensland's history began of the many real examples—one of the many her maladministration of our health system. cruel examples. The answer to this debacle is in the proper An application for recurrent funding from financial management and proper submission the Monto Blue Nursing Service to establish of budget expenditure. centre-based respite care has this week been Time expired. rejected by the Minister and her department. Mr REEVES (Mansfield—ALP) An application for just $60,000 in recurrent (6.50 p.m.): Far from criticising this funding for a badly needed service in a Government's contribution to health services community that has done more than most to on the Sunshine Coast, members opposite help itself has been rejected by the Health should be praising us for the high quality of Minister because of a lack of funds—funds services we are providing in the region and the that obviously have been needed to prop up new initiatives we have taken which are failing budgets and to provide rescue benefiting all Sunshine Coast families. Let me packages for a health system failing due to list some of them for those opposite to refresh mismanagement. It is the Minister's their memories. incompetence that has led directly to the underfunding of these services across the This financial year Nambour Hospital received a $3.2m boost in funding in State. It is these ancillary services that are the recognition of the areas of special needs. This easiest to cut back in the short term as a included $1m for 12 new mental health beds panic-stricken Minister struggles desperately to and $2.2m to address the immediate concerns contain the ever-increasing budget blow-outs. in areas including intensive care, renal dialysis It is worth looking at the example of the Monto and special surgical services. We have the Respite Centre, because it illustrates the crocodile tears of the former Treasurer, who effects of the budget blow-outs on real whipped $4m out of the Nambour Hospital's people—the people who are trying to deliver capital works budget to pork-barrel her own services and the people who desperately need electorate and in the same process then those services. agreed to the Horan health tax. The Monto Blue Nursing Service brought I am sure the parents of the 2,000 together groups across the community—carer children at Burnside and Nambour State High support groups and disability support Schools are incredibly pleased with the groups—and in a remarkable display of Government's school nurse initiative. Those community cooperation they raised funds, students now have a health professional they obtained a suitable building and arranged to can come to know and trust and who can give outfit it for respite care. What they have been them advice on medical services available in so cruelly denied by the Health Minister at the their local community. The school nurses can last minute is the necessary recurrent funding also get to know the young people and pick up to make the service a reality. the early signs of problems such as eating disorders or mental disturbance. In Monto, like in so many other communities, respite care is desperately Another great boost for the families on needed for the frail aged, for the younger the Sunshine Coast is the Government's early people with disabilities and especially for the intervention and parenting support initiative. carers. At present in Monto, hospital beds and Nambour and Maroochydore are two of the 15 the local shire hall are being used for short locations around Queensland which will benefit periods for respite care for some patients. The from this positive parenting initiative, which is volunteers who make up the Monto Blue enormously important to parents with young Nursing Hospital Committee and, more families. We are giving them the skills they especially, the people they are trying to help need to develop close and meaningful are the real victims of the Health Minister's relationships with their children. This will work woeful lack of financial management. These well throughout their lives. vulnerable people are the real losers from the The Sunshine Coast is also getting the horrific budget blow-outs which have become opportunity to trial new-style child health 390 Health Portfolio 9 Mar 1999 centres. This is an important back-up service to extra pressure on the hospital. For example, a help parents and families. The Sunshine Coast special working party investigated problems at centre will expand the services currently the Gold Coast Hospital late last year. It made available from the existing Nambour and a series of recommendations, including that an Maroochydore community child health centres. additional orthopaedic surgeon and a full-time Mental health services have also been paediatrician be appointed at the Gold Coast expanded on the Sunshine Coast as part of Hospital. It also recommended additional beds the State's record boost to mental health for winter this year and the expansion of local services. The Sunshine Coast has gained community health services. another child and youth mental health worker So honourable members can see from since this Government came to office. this brief survey that each hospital and health I turn now to another health district and district is different. Each of them has its own the management of the Toowoomba District problems and challenges, and we respond to Health Service, which has been a major cause those challenges in the way that best meets of concern for some time. Let us look clearly at the needs of the local area. The bottom line is what those opposite are saying: the Minister is that we are in the business of providing high fully responsible for the public hospitals but quality health services to all Queenslanders. should not do anything to rectify problems Question—That the amendment be occurring in them. It is like telling the West agreed to—put; and the House divided— Indian cricket team's selectors that it is all their AYES, 44—Attwood, Barton, Beattie, Bligh, Boyle, fault for the collapse this morning, but they are Braddy, Bredhauer, Briskey, Clark, E. A. not allowed to improve the team by changing Cunningham, J. I. Cunningham, Edmond, Elder, it. Fenlon, Foley, Fouras, Gibbs, Hamill, Hayward, While the Toowoomba Hospital has an Kingston, Lavarch, Lucas, Mackenroth, McGrady, excellent staff and provides a high quality of Mickel, Mulherin, Musgrove, Nelson-Carr, care to those treated at the hospital, it has the Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, Schwarten, Spence, Struthers, worst financial record of any hospital in Welford, Wells, Wilson. Tellers: Sullivan, Purcell Queensland. It completed the 1997-98 financial year $2.3m in the red and the budget NOES, 40—Beanland, Black, Borbidge, Connor, has continued to blow out during this financial Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, Grice, Healy, Hobbs, Horan, Johnson, Knuth, year to an unacceptable and unsustainable Laming, Lester, Lingard, Littleproud, Malone, level. It has become clear that a restructure Mitchell, Nelson, Paff, Pratt, Prenzler, Quinn, Rowell, and change of direction are needed to Santoro, Seeney, Sheldon, Simpson, Slack, introduce modern management practices to Stephan, Turner, Veivers, Watson, Wellington. increase the amount of surgery performed at Tellers: Baumann, Hegarty the Toowoomba Hospital each year. It is Pairs: D'Arcy, Goss; Nuttall, Springborg estimated by Queensland Health that, for the dollars spent on health services in Resolved in the affirmative. Toowoomba, an additional 500 Toowoomba Question—That the motion, as amended, people should have received surgery during be agreed to—put; and the House divided— the past 12 months. AYES, 46—Attwood, Barton, Beattie, Bligh, Boyle, That is the full measure of the Braddy, Bredhauer, Briskey, Clark, E. A. incompetence of the former Health Minister Cunningham, J. I. Cunningham, Edmond, Elder, and member for Toowoomba South, who Fenlon, Foley, Fouras, Gibbs, Hamill, Hayward, Kingston, Lavarch, Lucas, Mackenroth, McGrady, allowed archaic management practices to Mickel, Mulherin, Musgrove, Nelson-Carr, thrive in Toowoomba under his stewardship. Palaszczuk, Pearce, Pitt, Pratt, Reeves, Reynolds, When he was the Minister, the member for Roberts, Robertson, Rose, Schwarten, Spence, Toowoomba South closed beds quicker than Struthers, Turner, Welford, Wells, Wilson. Tellers: West Indian wickets fell this morning. That is Sullivan, Purcell not surprising when this member was the NOES, 38—Beanland, Black, Borbidge, Connor, champion of the budget blow-outs. He would Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, have done Christopher Skase proud. Grice, Healy, Hobbs, Horan, Johnson, Knuth, Managers do have a responsibility to Laming, Lester, Lingard, Littleproud, Malone, manage their budgets without cutting the Mitchell, Nelson, Paff, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, range of services or reducing the number of Stephan, Veivers, Watson, Wellington. Tellers: permanent staff. In some exceptional Baumann, Hegarty circumstances, such as high growth areas like Pairs: D'Arcy, Goss; Nuttall, Springborg the Gold Coast, we have taken steps to compensate for high population growth and Resolved in the affirmative. 9 Mar 1999 Adjournment 391

ADJOURNMENT Federal Government right throughout Hon. T. M. MACKENROTH (Chatsworth— Australia. Many Queensland centres were ALP) (Leader of the House) (7.05 p.m.): I visited, including Townsville, Cairns, Mackay, move— Caloundra and other regions, as well as Brisbane. Although the report covered a "That the House do now adjourn." number of issues such as health, education, transport, communications and carers, HOME Assist/Secure Program isolation, security and safety came through as very important issues. I quote a section of the Mr LAMING (Mooloolah—LP) (7.05 p.m.): report— I rise to speak on the issue of security in the home for Queensland's seniors. Honourable "Maintaining strong links with family members will recall a series of disgusting or friends in their community can help attacks on elderly women late last year and prevent older people from becoming earlier this year. There are very few incidents isolated. However it was strongly that could equal the depravity of cowardly emphasised in the consultations that a attacks on the elderly. Housing Department number of factors can contribute to the units seemed to be the main, if not only, target feelings of isolation (including physical, in this particular instance and it is to be hoped geographical, social and emotional). It that the good work of Housing Department was also recognised that isolation means personnel and police will result in a conviction different things to different people and and safer streets for all residents, but can be quite different from someone who particularly our elderly. 'wants to be alone'. The Minister for Public Works and Even though the statistics reveal that Housing responded to the situation in January older people are less likely to be victims of by initiating an audit of security at public crime or personal violence than those of housing seniors units in the Brisbane any other age group, there is a very real metropolitan area. I understand that a problem perception among older people that they was identified that in some cases security locks are at risk. Not surprisingly, there was a or doors that had been fitted were not always considerable discussion at the used or keys were sometimes left in locks. I consultations about how to improve safety believe the initial audit also identified other and security for older people, and a initiatives which could enhance existing number of practical suggestions were security, including such things as the made. Overall, participants at the installation of security plates adjacent to consultations recognised that the level of security screen door locks which would make it crime for older people was comparatively difficult for people to unlock the door from the low, however they strongly believed that outside and the provision of hooks on the wall the worry about safety was something near security doors to encourage tenants not which could very much inhibit the lifestyle to leave keys in locks but have them ready in of older people and prevent them from case of evacuation. I add that such hooks undertaking activities that they enjoy." would perhaps be better placed behind the The Minister's initiatives, although solid door so as not to be visible to potential commendable, should be extended by intruders. increasing funding to the HOME Assist/Secure scheme to ensure that all qualifying senior I understand that the audit also identified citizens are provided with increased security. a need to reduce the amount of thick shrubs The elderly living in private homes should be around units where intruders might hide from afforded the same degree of protection. view. Several other security issues were also identified during the audit. I support all of Although any increase in funding for the those initiatives and commend them to all security of public housing, such as security householders as sensible initiatives. screens being fitted to windows and doors accessible from walkways, trees or meter I am sure that all honourable members boxes, is commendable, the Government would agree on the importance of security should also extend such security provision to measures, not just in seniors accommodation those in private homes who qualify under the but in all homes. But it is the senior citizens in HOME Assist/Secure program. People living in our community who feel the most threatened, private residences should be afforded the which is understandable due to their inability in same degree of protection and should not be many cases to defend themselves. disadvantaged. I call on the Minister to extend Last year a survey called the Conference the HOME Assist/Secure program to achieve for Older Australians was conducted by the just that. 392 Adjournment 9 Mar 1999

Zillmere Community Sport and Recreation of Government studies which acknowledge Centre Zillmere as an area of high social need. I have Mr ROBERTS (Nudgee—ALP) argued strongly that if the 50% funding (7.10 p.m.): I am pleased to have the guideline was applied in this instance, the opportunity to speak about a momentous people of Zillmere and surrounding suburbs initiative for my electorate. Sports Minister Bob would never be able to construct the facility Gibbs has approved funding of $1m to they so desperately need. construct an indoor sport and recreation centre In 1995, the then Department of Tourism, at Zillmere. The Brisbane City Council has also Sport and Youth identified Zillmere as the area agreed to provide around $100,000 in in Brisbane most in need of community facility assistance towards this project. The funding development. It was also ranked in the top 10 has been provided through the State areas of need in the State. In acknowledging Government's Community Sport and the reality of Zillmere's needs and agreeing to Recreation Facilities Program. wholly fund this project, Bob Gibbs has proved The Zillmere sport and recreation centre the Government is truly committed to fairness will be a great asset for the northern suburbs and equity—fairness and equity which could and will have features such as indoor playing only be delivered by a preparedness to courts, a stage and community meeting recognise that sometimes bureaucratic rooms. It will provide a much-needed boost to guidelines need to be modified when basic the district and give hope to local youth and decency requires it. This decision is a great families and to our elderly community. victory for the Zillmere, Boondall and Geebung communities. It demonstrates a genuine I thank the Minister, his department and commitment to fairness and, in my opinion, is the many individuals and organisations that indicative of a real Labor Government at work. have given this project strong support over the past three years. I particularly congratulate the The campaign for this facility began in board of management of the North Star Sports 1995, when I established a small community Club for having the foresight and courage to working group to progress an application for take on this initiative on behalf of the Zillmere funding under the Goss Government's and surrounding communities. I particularly Community Recreation Facility Program. The mention its secretary/manager, Barry Hardie, working group had its hopes raised when Clem and president, Wayne Yule. I also thank the Jones, who was heading the unit responsible Brisbane City Council for its support, for the program, visited Zillmere in February particularly Councillor Terry Hampson and Lord 1996 and advised that his committee was Mayor Jim Soorley. keen to work towards a facility in the Zillmere This sport and recreation facility will district. Soon after that visit, the Goss service the needs of many north side suburbs, Government lost office to the coalition which, including Zillmere, Boondall, Geebung, Taigum in its next Budget, abolished that very and Aspley. It will also be an attractive worthwhile program. alternative venue for schools and community Despite an acknowledgment from the groups as far afield as Banyo and Nudgee. coalition Government of Zillmere's needs, People in these communities currently travel there was no funding program put in place to as far as Sandgate to access a decent facility address those needs. In the lead-up to the to conduct events such as school presentation 1998 election, Labor announced that it would evenings and performances. This is a matter introduce a new Community Sport and upon which I have been campaigning since Recreation Facilities Program should it be re- my election in 1995. I take particular pride in elected. As a pre-emptive move, I met with being a part of a great decision of a true Labor representatives of the North Star Sports Club Government. Quite simply, if it was not for a in early 1998 to ascertain their interest in Labor Government, that facility would not be applying for funding on behalf of the local built. communities. They agreed, Labor was re- The guidelines for the Community Sport elected, and the rest is history. and Recreation Facilities Program provided for Throughout the campaign to secure this up to 50% of funding for eligible projects. facility, I have stressed to the North Star Sports However, the Minister has exercised his Club the need to provide a facility which is discretion in this matter and decided to provide accessible by a wide range of community 100% of the funding for the project. This interests—a place for activities for our youth, decision is based on the significant and families and our elderly population. The club genuine needs of the Zillmere community. has supported this approach and is keen to These needs have been identified in a range ensure appropriate community input into the 9 Mar 1999 Adjournment 393 development and management of the facility. These are things which we should not A consultative process will be put in place to forget. It is very important to remember that Mr inform the community of what is proposed at Guest, who has an enormous amount of the centre and to seek feedback on how best practical experience and is highly motivated, to ensure that as many community needs as has adopted a very commonsense approach possible are met. I look forward to working with to the problems of young people with the community and the North Star Sports Club behavioural problems who have offended to achieve that objective and to ensure that we against the State. Yet we have a situation in get the best value for the $1.1m that will be which someone who has done a tremendous allocated for this project. In many respects, this amount of work for our community is suffering is a dream come true for Zillmere and the from a character assassination contained in surrounding suburbs. I am particularly proud to this report. Mr Guest is not university trained in have played a part in securing this decision for behavioural issues, nor does he possess an my constituents. accounting qualification. Therefore, Labor does not believe that he is appropriate to do In my first speech in September 1995, I that work. However, he has life skills— spoke of the need for this facility and wonderful life skills, in fact—and a rapport with committed myself to working with the the type of young persons who have been community to achieve it. We now have what sent to Petford with behavioural problems that we want and need. Let us now work together have led them to commit offences. to ensure that the Zillmere sport and recreation centre delivers great and positive benefits for I call on the Minister to reconsider and our community. provide further funding together with appropriate services for Petford. I say this because, after all, it is well known that Mr Petford Training Farm Guest has for some time been asking the department to supply a bookkeeper. Mr BEANLAND (Indooroopilly—LP) Unfortunately, those who took on that role did (7.15 p.m.): Last week, the Minister for not remain at Petford. In recent times, no-one Families, Youth and Community Care and was supplied to do that sort of work. Minister for Disability Services tabled in the It should be remembered that Petford is a House the Petford Training Farm report of former station in the far-north Queensland October 1998 prepared by Sydney-based hinterland, in rugged terrain and outback living consultant Mr Peter Daffen. This report is conditions. It can hardly be compared to a city clearly a character assassination of Mr Geoff lifestyle and modern, comfortable capital city Guest and his wife, Norma. The report, which living. I think that we sometimes forget this contains a number of unfounded, untested when we talk about a place such as Petford. It allegations, smears Mr Guest, the operator is not some comfortable suburban household and manager of Petford. Many of these around Brisbane, the capital city. Petford is, in allegations had been investigated by the fact, in the rugged terrain of the hinterland of police who, upon investigation, took no further far-north Queensland. I have been there— action. unlike the Minister. I went there some time The Minister, in the process of tabling the ago. I understand that Minister Bligh Petford report, indicated that she, the Minister, summoned Mr Guest to Cairns to see her had relied upon a number of departmental some weeks before Christmas. Yet the and police reports. Yet again, none of these Minister has not made the effort to visit Petford reports—without identifying particulars of the herself. That is a great shame. Should she do young people—has been tabled in this House. so, she would see that it is vastly different from Clearly, what we have here is a situation in the sort of establishments one might find which Mr Guest, having been afforded no around this city. natural justice whatsoever in this matter, has Over 2,000 young people have passed certainly had his character assassinated by this through that facility for a range of offences, process. Mr Guest is a hardworking including petrol sniffing. It is little wonder that it Queenslander who received the Order of has received such rave reviews from so many Australia in recognition of his services to people. From the comments of local Labor Aboriginal youth and the Petford Training Farm members, in fact, it is obvious that they have for Boys. In addition, he received the Paul no confidence in their own Government and Harris Award from the Rotary Clubs of Cairns the Minister on this issue. I notice that, and has been praised by judges for his work according to an article in the Cairns Post, a with those with behavioural problems that led number of them have tried to distance them to commit offences. themselves from the Minister on this particular 394 Adjournment 9 Mar 1999 issue. There is quite a lengthy article, in fact, in Job uncertainty is causing unknown social relation to this matter. problems in the way of family breakdown and Dr CLARK: I rise to a point of order. The lack of confidence. People are not prepared to member is misrepresenting our position. Local spend on anything but the basics. Cash flow in members have indicated quite clearly that the the community slows and this affects business Minister had to act on the information she and jobs. The cycle continues. received. The policies of the Federal Government Mr SPEAKER: Order! There is no point of will drag all workers back to the days of master order. and servant. Unfortunately, most Australians choose to ignore what is happening to Mr BEANLAND: I will read what the standards of employment until it happens to member said in the Cairns Post in a moment. them personally. That is when they become But if the member is supporting it, that is fine. concerned. Any member who is in touch with If the member for Barron River is saying that the electorate would realise that the gap she is against Petford and supporting the between rich and poor has widened. The top Minister, that is fine by me—whatever she 20% of earners are paid 10 times more than wants to say. I want to get back to my speech, the bottom 20%. The gap has increased by though. Clearly there has been no natural 4% over the past two years. One in four justice. I am glad to hear that the member for employees is a casual. The number of full-time Barron River has now stated her true position. jobs is on the decline. It is not what was portrayed in the Cairns Post. Australia has one of the highest Dr CLARK: I rise to a point of order. Again proportions of part-time employment in the my position has been misrepresented by the developed world. Between 1994 and 1997, member. I have made it very clear that I one in 15 workers was retrenched. Those acknowledge the contribution Mr Guest has numbers are increasing. Only 36% of workers made but I support the Minister's action. now feel that their jobs are secure. Those at Mr SPEAKER: Order! There is no point of the bottom end of the income scale are now order. caught up in the social welfare safety net. This Mr BEANLAND: The member cannot group is fast being overtaken by the working bring herself to decide which side to support. poor as minimum wages—the actual take- The Minister ought to resign. home pay—are lowered. No wonder bankruptcy is on the increase. No wonder Time expired. families are walking away from mortgage contracts. We have family breakdowns and Debt; Diesel Fuel Rebate Consultant marriage breakdowns which are causing a Mr PEARCE (Fitzroy—ALP) (7.20 p.m.): I great deal of concern in the community. have a couple of matters that I wish to draw to The other matter I wish to bring to the the attention of the House. The first issue is attention of the House reminds us of the low- one that we in this place need to take more lifes who prey on decent citizens in our State. I seriously. I refer to the silent but real increase am aware of a rip-off whereby rural producers in the number of Queenslanders who are have engaged the services of a diesel fuel finding themselves running into serious rebate consultant for the purpose of lodging problems with debt. Not only do we hear about applications for the diesel fuel rebate with the the troubled farm sector with a national farm Australian Customs Service. The diesel fuel debt of $21 billion but we are now hearing rebate system is based on self-assessment of about more and more businesses closing and the amount of diesel fuel that a producer has people being forced into bankruptcy because used or intends to use in activities that are they are unable to service their debts. eligible for rebate. I believe that the upward trend in Although I intend to protect the identity of unserviceable debt has not reached the levels my constituents, I will be naming the to attract public attention because of low consultant who has deliberately ripped off an interest rates and the perception of a healthy elderly couple who live in isolation on their economy. Any upward movement in interest property in central Queensland. These two rates would have an immediate and more down-to-earth central Queenslanders have visible impact than that which is occurring in struggled through drought and have felt the the current economic climate. In my opinion, pain of living the life of a rural producer. I say the reason for the increase in debt is the rapid without any disrespect towards these two growth in casual or part-time jobs. The income lovely people that they are victims of a of families is slashed by the stroke of a pen. conman who has exploited their trusting nature 9 Mar 1999 Adjournment 395 and lack of understanding of paperwork. As a secretary has warned, this situation is a threat result, the conman has been able to convince to the safety and wellbeing of Queensland them to sign documentation without an police officers involved in this and similar explanation and left no copies of the situations. In fact, many citizens will be quite documentation. surprised to know that in Queensland there are He convinced my constituents to still some 60 one-officer police stations. This authorise payment of the rebate into a bank poses special problems for law and order. account at Tweed Heads. That payment in The Police Minister astounded many excess of $2,000 was made as per an when he claimed that no further police were Australian Customs Service diesel fuel rebate needed at Laura. That was news to the Laura scheme payment advice in mid-November. All Progress Association. What we have not been attempts to contact this conman have failed. told is that there is a refusal to reinstate the He is not in, he is not available, is sick or is prestigious position of tracker so that the away on business. residents of Laura, Lakeland and Drumduff on Mr John Corbett, a diesel fuel rebate the gulf could see some muscle imposed upon consultant, advertised in the Queensland the activities of criminals in the north. The Country Life and attracted the attention of my Minister obviously does not appreciate that the constituents. They contacted him in good faith. position of tracker is a position of stature The address on his business card is Suite 33, among these gulf communities where the Chateau Royale, 23 Garrick Street, Aboriginal heritage is so important. Coolangatta. He credits himself as a former What the Minister also does not realise is senior inspector, diesel fuel rebates. He forgot that a tracker is vital in this rugged Queensland to add that he is a thief and a man who lacks police division of some 63,000 square compassion and an understanding of the kilometres. Indeed, searches for lost tourists impact of his actions. and visitors are a regular occurrence and a Time expired. tracker is essential for a successful outcome of any search in heavy bush. Crime, Gulf Country The Laura Progress Association has Mr FELDMAN (Caboolture—ONP) protested strongly about the loss of a paid (7.25 p.m.): Crime is a major problem in professional tracker, a person who is covered Queensland, but in the Gulf Country violent under an Australian Workers Union award. The crime and crime against the person is among filling of this position is supported strongly by the highest in the State. This was highlighted the indigenous community. The Government's in the recent CJC report entitled A Snapshot of act in depriving this gulf community of a Crime in Queensland. In this area where professional tracker is both inappropriate and rainforest and bush is the dominant feature, morally indefensible. Steps should immediately the Queensland Government cannot even be taken to appoint a tracker. afford a fit and proper Aboriginal tracker to The media has added insult to injury by hunt down criminals on the run, to seek out exposing the unusual situation whereby the growers, manufacturers and producers of local nurse at a Cape York community had to drugs, or to locate lost and stranded tourists take over the job of the police in road and would-be adventurers. accidents and murder-suicides while the officer The whole situation is a debacle of major was away on other duties in neighbouring proportions, especially for the police who are Coen. Something is deplorably wrong up north responsible for controlling crime in this area and the Government has a duty to solve some and for the local Aboriginal population who of the problems that have shown up at Laura. depend upon the police to crack down on What does the local community at Laura crime and chase to ground those who have have? The police are under undue stress. taken to the bush after a criminal escapade. There has been no tracker for some seven As I understand the present situation, the months. Now it is proposed to replace a police station at Laura is a one-man station. working tracker with a police liaison officer—a This officer must police 45 cattle stations, 280 social worker. Recently, the community was kilometres of main highway and some 170,000 forced to employ a 79-year-old tracker in the tourists who pass through the region in one absence of a working tracker when a vital year. search operation was conducted. The progress Quite frequently, the single policeman has association complained that there was no to break up brawls of upwards of 10 to 20 appreciation, no recognition and no thanks men. As the Queensland Police Union general given to this 79-year-old man. 396 Adjournment 9 Mar 1999

The tracker did a great job, but it is the height of folly to ask a man nearing 80 years of age to risk his health trudging through the hot and steamy bush seeking out criminals for a Government which is not prepared to appreciate what he has done. The progress association also believes that the community faces a major crisis involving crime. There has been a $10m drug raid, murder-suicides, riots, arson, common assault, domestic violence and drunk and disorderly problems. But these are only the tip of the iceberg. Time expired. Motion agreed to. The House adjourned at 7.30 p.m.