18 May 2000 Legislative Assembly 1175

THURSDAY, 18 MAY 2000 "The Office of the Minister has requested further information regarding the Backflow Prevention program." There is sufficient evidence available— Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) particularly with the document I tabled—to read prayers and took the chair at 9.30 a.m. suggest that the Minister was continually briefed between October 1998 and February 1999 on all aspects of the backflow prevention PRIVILEGE program and he misled the House in that Minister for Public Works and Minister for regard. Mr Speaker, I ask that you refer this Housing matter to the Members' Ethics and Miss SIMPSON (Maroochydore—NPA) Parliamentary Privileges Committee. (9.30 a.m.): Mr Speaker, I rise on a matter of Mr SPEAKER: I will consider the matter. privilege, which I would like you to refer to the Members' Ethics and Parliamentary Privileges Committee. It concerns the Parliament being PARLIAMENTARY CRIMINAL JUSTICE misled by the Minister for Public Works and COMMITTEE Minister for Housing, Robert Schwarten. Resignation of Mr S. Santoro The matter of privilege relates to Mr SPEAKER: I have to inform the House information which has been obtained since a that a vacancy exists on the Parliamentary parliamentary committee inquiry into water Criminal Justice Committee consequent upon contamination hazard reduction, otherwise the resignation of Mr Santo Santoro from that known as backflow. In his evidence to the committee. Public Works inquiry into backflow prevention, the Minister was asked by the member for Mooloolah, Bruce Laming, "When were you Appointment of Mr R. J. Quinn made aware of the internal audit into Quality Hon. T. M. MACKENROTH (Chatsworth— Water—before or after its completion?" Mr ALP) (Minister for Communication and Schwarten said— Information, Local Government and Planning and Minister for Sport) (9.34 a.m.), by leave: I "I was advised by telephone. I was move— not aware that an internal audit was being conducted at all. As I said in my "That Mr Robert Joseph Quinn be statement, I was first told of this by the appointed to the Parliamentary Criminal Director-General on about 26 February, Justice Committee to fill the vacancy which I believe was a Friday." caused by the resignation of Mr Santo Santoro." On 17 December 1998, the internal auditor, Robyn Turbit, sent an e-mail to Gary Motion agreed to. Trueman of Project Services regarding the internal audit. I will table that document. Mr PETITIONS Trueman sent a copy to the general manager of Q-Build, Tony Waters, with the following The Clerk announced the receipt of the comment— following petitions— "Tony, as you are aware, there have been a number of inquiries from the Harness Racing Board Minister's office on Quality Water and the From Mr Feldman (314 petitioners) Backflow Prevention Program. This is a requesting the House to apply to the Governor continuation of the process." in Council for the immediate dismissal of the In fact, in a ministerial briefing note dated 20 Queensland Harness Racing Board under October 1998, the "Background" reads— Section 43 (1)(g) of the Racing and Betting Act "The Minister's Office has asked for 1980 and the immediate resignation of its an updated briefing on the Backflow General Manager. Prevention Program and the 'Quality Water' Co-Venture Agreement involving Life Education Centres Works Qld, BHF and PPK." From Ms Nelson-Carr (35 petitioners) On 17 November 1998, the ministerial briefing requesting the House to restore funding for the note begins with the following "Background"— Life Education Centres for their positive health 1176 Ministerial Statement 18 May 2000 and anti-drug abuse program for Queensland OVERSEAS VISIT children effective July 1, 1999. Report Hon. J. P. ELDER (Capalaba—ALP) Vegetation Management Legislation (Deputy Premier and Minister for State From Mrs Pratt (123 petitioners) Development and Minister for Trade) requesting the House to rescind the (9.35 a.m.): I table for the information of the Vegetation Management Bill 1999 House a report on my recent trip to Singapore immediately. and South Africa.

Voluntary Euthanasia MINISTERIAL STATEMENT From Ms Struthers (15 petitioners) East Trinity; Million Paws Walkathon requesting the House to introduce laws Hon. P. D. BEATTIE (Brisbane Central— enabling voluntary euthanasia. ALP) (Premier) (9.36 a.m.), by leave: My Petitions received. Government's recent purchase of the East Trinity site adjacent to Cairns has been applauded by a wide range of community and PAPERS business groups. This is an enormous shot in the arm for the Cairns tourism industry. It MINISTERIAL PAPERS guarantees Cairns and far-north Queensland The following papers were tabled— as a first-class national and international (a) Deputy Premier and Minister for State tourism destination indefinitely into the future. Development and Minister for Trade (Mr Elder)— This purchase brings to an end the long- running land use debate in far-north Report on Queensland Trade Delegation, Queensland that has repeatedly divided the lead by the Deputy Premier, to South Cairns community. My Government takes Africa from 28 April to 9 May 2000 great pride in successfully negotiating this (b) Minister for Communication and outcome in the best interests of this State, its Information, Local Government and natural environment and the lucrative tourism Planning and Minister for Sport (Mr industry on which Cairns' long-term future Mackenroth)— depends. Report of a decision by the Minister for Communication and Information, This 1,000 hectare site has a colourful Local Government and Planning on past. Once owned by the Emmanuel Group, it 22 November 1999 pursuant to has at various times been seen as possible section 3.6.5 of the Integrated cane fields, a major resort proposal called Planning Act 1997 Royal Reef and a mini city named East Trinity. (c) Minister for Environment and Heritage and Over the years, significant parts of it have Minister for Natural Resources (Mr been clear-felled, filled and reclaimed. It was Welford)— this past development that first disturbed acid (A) A Proposal by the Governor in sulfate soils which are characteristic of East Council to revoke the setting apart Trinity. In fact, scientific reports have indicated and declaration as State forest under that past development has created potentially the Forestry Act 1959 of— serious acid sulfate problems on part of the (a) All that part of State forest 98 site. described as Lot 3 on East Trinity was one of far north SP106733 shown hachured on Queensland's major environmental issues in plan FTY 1777 prepared under the 1980s and the 1990s. Many members of the authority of the Primary Industries Corporation and this House will remember the prominent role containing an area of 17.29 that East Trinity played in the 1995 State hectares; election when there was a proposal to build a (b) All that part of State forest 249 bridge across Trinity Inlet to service the described within stations (5-4-3- proposed development. The present Leader of 5) on plan SP116483 shown the Opposition was most vocal on the issue, hachured on plan FTY 1829 ruling out such a bridge across the inlet very prepared under the authority of early in that campaign. The Goss Labor the Primary Industries Government went further by ruling out State Corporation and containing an support for infrastructure funding on the site. area of 1199 square metres; and The issue again came to prominence during (B) A brief explanation of the Proposal. the Mulgrave by-election in 1998—which, I 18 May 2000 Ministerial Statement 1177 might point out, Labor won, as Warren Pitt is Queensland. I just want to indicate to the only too delighted to acknowledge today. House that everyone is invited to bring their Things have improved since he has been pet. My mate Rusty will be there. He was a here. dog rescued by the RSPCA. I urge all dog Aside from environmental considerations, owners to take part in the Million Paws the basis of the prosperity of Cairns lies in walkathon. As I said, I will be there. It is at tourism and the thousands of jobs that flow 10 a.m. at the South Bank Parklands flag from tourism. It is essential that the green court. tropical background that has made Cairns so attractive and different should remain. What MINISTERIAL STATEMENT we have done is save the picture postcard scenery that brings tourists to Cairns from all Industrial Relations over the world. While there is a place for Hon. P. D. BEATTIE (Brisbane Central— sensible development in and around Cairns, ALP) (Premier) (9.41 p.m.), by leave: The lines this land purchase will ensure the magnificent have already been marked out for one of the green backdrop that is East Trinity strikes an major battles at the next State election. The appropriate balance. We have something very battleground will be industrial relations. The similar with Noosa, where significant State and coalition parties in this State chose 1 May, council acquisitions on the north shore of the Labour Day, to reveal that they are planning to Noosa River have combined with the famous dismantle Queensland's State-based industrial Noosa National Park to produce booming relations system. property prices and tourists flocking to the The member for Clayfield launched his area. attack on the workers of Queensland on the I have nothing but praise for the previous very day that celebrates the gains made by owner of the land, NatWest Markets Australia working men and women. The member for Limited, for its positive response when Clayfield wants to hand back State powers to approached by the Department of State the Federal Government. The member for Development regarding this purchase. For Clayfield, that wolf in Reith's clothing, wants to those members not familiar with the issue, tear down our Industrial Relations Commission, NatWest is the mortgagee in possession of the which is independent, fair and balanced. He land. It has proven to be a very good wants a return to the system that gave us corporate citizen in the negotiations over this drawn-out disputes, like those we saw on the very sensitive site. The purchase of East Trinity waterfront and at Gordonstone—the system seals the future prosperity of Cairns by that gave us dogs and balaclavas. He wants to ensuring that this unique setting is preserved see workplaces used as political battlegrounds. forever. I also suspect that, given half a chance, the While on the subject of the environment, member for Clayfield would repeal the it would be remiss of me not to inform the provision for three months' probation, which House of another failure by the Federal allows both employer and employee a trial Environment Minister to protect the period for the employment. I challenge the environment. That is in stark contrast to what member today to spell out whether he we are doing. A feature of last week's Federal supports this legislative three-month probation Budget was the 50% slashing of funding for period—the only legislative period in Australia. the national pollutant inventory. This inventory I make this promise to the people of lists those pollutants likely to cause the Queensland: my Government and I will fight all greatest damage to the Australian the way to the High Court, if necessary, to environment. Senator Robert Hill has halved keep Queensland's State-based system. This the funding for it. As late as last week, Senator system has served Queensland well for around Hill was telling the States that they should 100 years. There is no reason to change it. insist on a more stringent imposition on There is no reason for the States to give over industry to measure these pollutants. This their responsibility and powers to the exposes the hypocrisy of his moves to gut the Commonwealth. The member for Clayfield State's capacity to implement what he was wants to change our successful system to demanding. This man's handling of conform with his narrow, ideological view of the environment issues continues to amaze me. world. That is his only imperative. Just on a lighter note, on Sunday morning In contrast, my Government seeks the RSPCA is organising its Million Paws industrial harmony through an independent walkathon in which participants raise money for system that has been shown to work. Among the RSPCA in events held all over our many achievements are these: an 1178 Ministerial Statement 18 May 2000 independent commission that works, restored to 25% more visitors over a three-year period. WorkCover, improved superannuation for the It has been calculated that this increase would public sector, and positions on Government cause a direct boost in revenue to the boards and task forces for employers and Whitsundays of $5.36m, with further indirect union officials—the tripartite arrangement benefits of $7.19m, making a total of more which the Minister, Paul Braddy, has restored. than $12.5m a year coming into the area. This Under the previous Government, they pulled in turn will lead to the creation of about 160 that away. Industrial relations needs a tripartite jobs, with about 100 coming directly from approach. My Government is also keen to tourism-related business and the remainder work with unions to develop new jobs for from support industries throughout the shire. Queenslanders in smart industries like The commitment by the State biotechnology and information technology in Government in the 1999 Budget to fund the the same way that we work with employers. lagoon led to benefits for the building industry, This is a very serious issue for with $57m worth of investment—that is, Queenslanders. It will be an issue in the next continued investment from the private sector, State election. Let the sides on this be very the building industry—in resorts and units in clear: the alternative Government, the the mainland Whitsunday area. Apart from Opposition, with their spokesman, Santo those committed investments, applications for Santoro, wants to tear out the heart of the additional marina berths, accommodation, State-based industrial relations system and retail space and tourism products in excess of give it to the Commonwealth. My Government $200m are currently being planned. Members will fight to keep the Queensland industrial can see from that investment by Government system for Queenslanders. that there has been a significant precipitation of investment opportunities in the Whitsunday MINISTERIAL STATEMENT area. Airlie Beach Lagoon Should all of these projects proceed, it Hon. J. P. ELDER (Capalaba—ALP) has been estimated that they will create more (Deputy Premier and Minister for State than 1,400 construction jobs and 600 full-time Development and Minister for Trade) operational jobs within the Whitsunday area. (9.45 a.m.), by leave: One of the hallmarks of As I have said, the lagoon will provide the this Government has been its strong Whitsundays community with a focal point for demonstrated commitment to regional local events and it will become the heart of Queensland. One of the most important Airlie Beach. The total area of the site is three industries for regional Queensland, as the hectares, with the lagoon area being about 4,400 square metres. So it will be Minister for Tourism knows, is tourism. Earlier approximately 10% larger than the highly this week, the Gold Coast saw that this Government is markedly different from its successful lagoon at South Bank in Brisbane predecessor in that we can deliver. Cairns has just across the river. It will be supported by also seen that this Government delivers with a gardens showcasing the area's tropical flora. comprehensive upgrade of the central What this Government is about is business district and an upgrade of the developing projects and developing work and Esplanade, as the member for Cairns, the job opportunities in regional Queensland. The member for Mulgrave and the member for situation at Airlie Beach, inherited from the Barron River are only too acutely aware. previous Government, was a complete mess. Townsville has seen us deliver with the delivery People at Airlie Beach itself had no direction at of the upgraded Strand. all from the Borbidge Government. As a result, Another jewel in the tourism crown, Airlie the project was going nowhere. In contrast to Beach, is also benefiting. Earthmoving work on that, under this Government the tourism the $8m Airlie Beach lagoon started last industry in the Whitsundays will have an extra month and on completion the lagoon will string to its bow and that means more tourists, provide benefits not only for the tourism more money coming into the region and more industry but also for the local community. The and more jobs for Queenslanders in the lagoon, which is scheduled to be completed in Whitsunday area. December this year, will become a catalyst for the tourism industry in the Whitsunday region, MINISTERIAL STATEMENT ensuring every opportunity for year-round safe swimming and more visitors for Airlie Beach. Queensland Athletes The Australian Economic Consultants Hon. T. M. MACKENROTH (Chatsworth— Group has calculated that the lagoon will lead ALP) (Minister for Communication and 18 May 2000 Ministerial Statement 1179

Information, Local Government and Planning Olympic team are products of the Queensland and Minister for Sport) (9.49 a.m.), by leave: I Academy of Sport. The Queensland Academy am sure all members of the House will join me of Sport was established in 1991 as an in congratulating Queensland's own Susie initiative of the Goss Labor Government. O'Neill for her wonderful effort at the Olympic Through the academy we worked to maximise swimming trials last night. Her effort in breaking the development opportunities for our State's the 19 year old record of Mary T. Meagher in sporting talents through avenues such as elite the 200 metre butterfly was truly outstanding. sport and coaching programs, and athlete During the past week there have been career and education programs. some wonderful performances as young men Each year on sporting fields across the and women from around the country vie for country and around the world, athletes used Olympic selection. Each and every competitor the training and support gained from the who has taken to the blocks should be academy to successfully represent extremely proud of their efforts. Today, Queensland at the highest levels. The however, I thought I would take the performance of our athletes at the swimming opportunity to inform the House specifically trials is just one more example of the dividend about the efforts of our young Queenslanders reaped by our wise decision to establish the in the pool. academy. However, whether it be a swimmer As I have watched the events unfold each from the academy or from one of our night, I have taken great pride in the number countless community-based swimming clubs of Queenslanders competing in each event as around the State, each and every well as those taking a place on the victory dais. Queenslander who has competed has done In fact, a total of 172 Queenslanders will have our State proud. I am sure all members of the competed in the trials by the time the event House will join me in congratulating those who draws to a close on the weekend. We have have already competed and in wishing the been so dominant that we may now become best of success to those who have yet to take known as the Triple S State: the Sunshine to the blocks. State, the Smart State and the Sensational Swimming State. Of those athletes who have already MINISTERIAL STATEMENT competed, some performances truly stand out. Indigenous Community Justice and Cultural Last night "Madame Butterfly" Susie O'Neill Facilities confirmed her status as queen of the pool. She is headed to yet another Olympics and Hon. M. J. FOLEY (Yeronga—ALP) marked her place in history on Tuesday night (Attorney-General and Minister for Justice and when she eclipsed Frank Beaurepaire's record Minister for The Arts) (9.54 a.m.), by leave: I for the most national titles. wish to draw the attention of the House to the Who can forget the cool confidence of the opening late last month of new community young 14 year old Leisel Jones as she justice and cultural facilities that signal a new streeted the field in the 100-metre breast era for indigenous justice in Queensland. On stroke? Or the tears of jubilation on the face of Friday, 28 April I opened new court buildings at her Redcliffe team mate Tarnee White when Kowanyama and Bamaga indigenous she booked herself an Olympic berth with a communities on Cape York. fighting second in the same event? The $1.23 million Kowanyama centre and Yesterday morning we woke to the the $740,000 Northern Peninsula area headline "Heath Who?" Heath Ramsay, that is community justice centre at Bamaga were built who; another Queenslander who did our State using local apprentices and are Australian proud when he captured the men's 200-metre showpieces of community design input and butterfly title and pencilled his name in for local job creation in the indigenous community. September. So far eight Queenslanders have They are based on cultural inclusion in the made the Australian team for the justice system. Olympics—Grant Hackett, Susie O'Neill, Daniel The openings of these facilities, also Kowalski, Leisel Jones, Giann Rooney, Heath attended by the Chief Justice, the President of Ramsay, Tarnee White and Ashley Callus. In the Court of Appeal, the District Court Chief addition, another two Queenslanders have Judge and the Chief Stipendiary Magistrate, qualified for the Australian Paralympic was a historic moment both for indigenous team—Brook Stockham and Tamara Nowitzkl. Queenslanders and for the administration of It is also interesting to note that a large justice in Australia. It demonstrated the Beattie number of our athletes who have made the Labor Government's commitment to the 1180 Ministerial Statement 18 May 2000 improvement of indigenous access to and deep ties of trust and understanding between participation in Queensland's justice system. our nations that nothing could change. The opening also signalled a series of This, better than anything else I can think firsts. It was the first time that indigenous of, illustrates the value of international communities have played a direct role in the education. It is true that dollars are important, planning from the ground up and the design of but the ties of friendship and the moral justice facilities in Queensland. It was also the influence for our nation which is generated by first time that their opening has been attended our international education program are of by the heads of all four court jurisdictions in incalculable value. Those who undertake part this State. of their education here develop individual The decision to call the new facilities friendships, an understanding of our culture "community justice centres" instead of "court and an empathy for our people that nothing houses" was made at the request of the local could match. communities and reflects the intended use of It is in this context that I report to the the facilities by the elders in the community House on a recent education delegation to the justice programs at those communities. People's Republic of China and to Malaysia. Equally positive is the Government's major The importance of this visit to the education commitment of an extra $5m a year for legal sector was marked by a strong presence from aid, $240,000 of which has been allocated to representatives from the Queensland higher an integrated indigenous strategy to improve education sector on the delegation. access to legal redress for indigenous Representatives of the University of Queenslanders, particularly women and Queensland, the Queensland University of children victims of violence and sexual assault. Technology, Griffith University, the University of The inclusion of local indigenous artwork Southern Queensland and the Central in the design and construction of the buildings Queensland University took part in the helps to reinforce a sense of community delegation. The Sunshine Coast University ownership of the facilities. The community also had a presence via an Internet link. Two justice centre at Kowanyama incorporates representatives of my own department, one public art works in the building itself and murals representing the higher education sector and and installations by Kowanyama State School the other representing schools, also travelled children, the women of Kowanyama and glass with me. artist Leonard Gregory. This Government places a high value on The Northern Peninsula area community international education, as it brings many short justice centre at Bamaga also incorporates and long-term benefits to the State. It is vital public art paintings and weavings by local that Australian graduates of the future see artists and traditional owners, making it a themselves as part of the global community. showcase not only of a more enlightened Interaction with students from other cultures, administration of justice in indigenous especially in our region, builds friendships, communities but also of the culture of those develops outward looking professionals for the communities. future and helps develop an export culture in its own community. MINISTERIAL STATEMENT According to recent figures, the State of Queensland gets great value from the sale of Education Delegation to China and Malaysia education places to international students. The Hon. D. M. WELLS (Murrumba—ALP) money they spend while they are in (Minister for Education) (9.56 a.m.), by leave: Queensland injects around $500m and 5,000 On Monday, 17 April I attended a reception in jobs into the State's economy every year. Brisbane given by the Deputy Chief Minister of Each of the university representatives Sarawak, the Honourable Datuk Amar Dr travelling with me made tangible agreements George Chan. The purpose of the reception with Chinese authorities. Further details of was to promote a conference of the alumni of these will be announced as they come on line. Australian universities to be held in Sarawak During the trip I witnessed the signing of an from 24 to 27 August 2000. articulation agreement between Nanjing During the course of his speech at the Polytechnic College and QUT. Agreements reception, Dr Chan mentioned that more than were reached between QUT and Tongji and half of his Cabinet were educated in Australia. Jiaotong University to cover joint postgraduate He said that, whatever might be said or done degrees. There are also agreements between in the future at the level of international the University of Queensland and Jiaotong to relations, those educational links built very offer postgraduate degrees. 18 May 2000 Ministerial Statement 1181

Other universities made key links that will Government of funding people with disabilities very likely develop into joint programs or other based on media pressure. Nothing could be such formalised links. China offers Queensland further from the truth. That in fact is the way a rich and relatively untapped educational things used to work under the coalition export market. It is the world's largest export Government, but not under this Government. education market, with 53,000 students For the very first time in Queensland studying abroad in 1998 and very significant history, the Beattie Government has cared in-country potential. Australia's market share in enough about people with disabilities to 1998 was 4.3% and has tremendous growth actually find out how many people in our potential, particularly in the area of cooperative community are still without support. As a result, research projects. Queensland now has for the first time a Malaysia is the most important market for register of unmet need. There are 4,607 both Australian and Queensland education people on that register, and each one of them providers, with over 15,660 students studying has been given a priority ranking depending in Australia in 1998, of whom 5,345 were in on the urgency of their need. This prioritisation Queensland, predominantly in higher process is done at a local level by local service education. As with China, Malaysia's export providers, staff of Disability Services education sector has enormous growth Queensland, people with disabilities and their potential. families. Available funds are then allocated to I lay on the table of the House a fuller those people, as they should be, with the report of my work in China. I would also like to highest priority need. This is a fair and take the opportunity to invite honourable transparent funding process. It was members to attend a picnic lunch today. established by this Government to prevent the "squeaky wheel" funding approach which Mr Palaszczuk: Teddy bears? thrived under the previous Government. The Mr WELLS: No. I have arranged for coalition did not fund on the basis of need; it international students studying at universities funded on the basis of a whim. in Queensland to visit Parliament House for a This brings me to the difficult situation picnic lunch. I invite honourable members to facing the Care Independent Living join me and those fine young students on the Association on Bribie Island. It is experiencing lawns of Parliament House. some financial troubles today, largely because Mr Borbidge: Is the Minister for Public of the whimsical and unethical funding style of Works going? the former Government. Mr WELLS: Even the Leader of the Mr Borbidge interjected. Opposition might find that somebody from his Ms BLIGH: That is exactly right. The electorate who is a guest in this country is honourable member could not have said it visiting Parliament House today. better. Mr SPEAKER: Order! Before calling the This service was established by a caring Minister, I acknowledge in the public gallery father, Dr Lewin, seeking to support his parents, teachers and students of the Acacia daughter with a disability. I am advised by Dr Ridge State School in the electorate of Lewin that the service purchased buildings on Archerfield. the basis of a wink and a nod from the former Government. When I took over this Ministry, I met with Dr Lewin and investigated his claim of MINISTERIAL STATEMENT an agreement, only to find that there was no Disability Services Funding; Care documented evidence of any agreement and Independent Living Association that no funding was available for allocation to Hon. A. M. BLIGH (South Brisbane—ALP) the service for the purchase of these buildings. (Minister for Families, Youth and Community Unfortunately, Dr Lewin trusted the verbal Care and Minister for Disability Services) agreement that he received from the former (10.01 a.m.), by leave: I wish to assure Government. But that agreement was not kept Queenslanders with a disability and their and there was no evidence that the coalition families that the Beattie Government is ever intended keeping the agreement. committed to a fair and transparent funding I indicated at my meeting with Dr Lewin process based on need. I wish to correct for that funds may become available through the record some inaccurate and offensive funding rounds associated with the $30m statements made about these processes by increase by this Government. I stressed at this the member for Indooroopilly in this House. time that all funding would be allocated The member for Indooroopilly has accused this through an open and accountable process. 1182 Ministerial Statement 18 May 2000

Indeed, this has occurred. In fact, four system. We will continue that process. I restate individuals using this service have received my commitment and the commitment of this adult lifestyle support packages totalling Government to continue to address that need $190,000 a year during funding rounds under and to improve the lives of people with a this Government. Unfortunately, six adults disability in Queensland. whom the service has itself chosen to care for have yet to receive recurrent funds. MINISTERIAL STATEMENT Unfortunately, there are more than 70 other people in the Caboolture and north coast Environmental Protection Agency region who have higher priorities than the six Hon. R. J. WELFORD (Everton—ALP) people receiving support from this service. (Minister for Environment and Heritage and While I share the distress that this must cause Minister for Natural Resources) (10.06 a.m.), families, I will not pervert the funding process by leave: Over the past two years, our and allow people to jump the queue for Government has restored Queensland's funding. That would be unfair to the thousands environmental credibility, taking steps to of Queenslanders who are patiently waiting for protect quality of life and ensure sustainable support. development. There is now a smarter long- term approach to natural resource However, through the actions of the management and a commitment to safeguard former Government this service has been the environmental qualities that we as a placed in a difficult situation. Disability Services community value so highly. Queensland is working closely with Dr Lewin and the service to find a solution until long- Just over 12 months ago, I created the term recurrent funding becomes available, as it Environmental Protection Agency, which has has done with this service over the past two opened the way for real and long-term years. For the record, the Care Independent improvements in the sustainability of our Living Association receives almost $240,000 in State's development. The EPA is committed to recurrent funds from Disability Services forging partnerships with business, industry Queensland. That includes funding for five and the community to promote responsible respite beds, at approximately $50,000 a year, and ecologically sustainable development. At and four lifestyle support packages, totalling the same time, the EPA will not shirk its almost $190,000 a year. The Beattie responsibility of taking tough action against Government has also provided $36,000 for a those who refuse to comply with the State's bus and equipment. I understand that this environmental laws. may not be enough, but it is $226,000 more Almost 1,600 licences for environmentally than they received under the coalition, despite relevant activities have been cancelled or the hollow and false promises of my suspended by the EPA in the past 12 months. predecessors. Since the EPA was established, it has a 100% success rate for prosecutions, including the I say again to all the Queenslanders and largest fine on record of $40,000 by the their families who are waiting for support: this Brisbane Magistrates Court against Oil and Government is committed to a fair and Fuel Salvaging in March this year. I am transparent funding process and we will not pleased to advise the House that to further fund on a whim or as a result of political support this work I will be establishing a new pressure. I say to the 70 individuals and their specialist legal compliance unit within the EPA families in the Caboolture and north coast area to strengthen its ability to prosecute with a higher priority that I will not ignore their needs in spite of the joint efforts of the environmental breaches. honourable member for Indooroopilly and the An Opposition member: They're coming member for Caboolture to have others jump to get him. the queue ahead of them. I will not make false Mr WELFORD: I will spare the honourable promises. Disability Services Queensland will member. continue to fund on the basis of the highest need. I pay tribute to all those families and The new unit will service both the Environmental Protection Agency and the services supporting Queenslanders with a Queensland Parks and Wildlife Service. This disability for the heroic work that they do. should send a clear message to the This Government, in partnership with the community that we are serious about disability sector, has embarked on a massive compliance and protecting the community's reform process with a record injection of $30m quality of life. We will inform, encourage and in recurrent funding to start addressing this where necessary prosecute to the full extent of need. Together we are rebuilding a starved the law. The new unit will strengthen the 18 May 2000 Privilege 1183 support provided to EPA staff who investigate Mr MACKENROTH: I rise to a point of environmental incidents. It will increase the order. When Mr Borbidge was the Premier, I prospects of successful prosecution and of attempted to move the exact same motion penalties fitting environmental crimes. and it was ruled out of order. Prosecution is an important part of the Hon. R. E. BORBIDGE: I rise on a matter work of the agency. But as I mentioned, it is of privilege. When we were in Government, not the only approach taken in safeguarding ministerial statements were cut off at 10 the environment. The EPA works with industry minutes past the hour— to guide and assist a high level of environmental performance. But the EPA will Mr SPEAKER: Order! act where necessary to protect the public Mr BORBIDGE:—and were made after interest when there are breaches of question time. environmental laws. Mr SPEAKER: Order! The agency is now advertising for suitably qualified professionals to join the EPA's legal Mr BORBIDGE: This is another attempt compliance unit to provide top-level legal by this Government— advice on prosecutions, planning, Mr SPEAKER: Order! The Leader of the investigations and the review of enforcement Opposition will resume his seat. measures under the legislation administered Mr BORBIDGE:—to silence the by the EPA. There will be a separation of the Parliament, to silence the Opposition. activities of audit and investigation from decisions regarding prosecution, and a review Mr SPEAKER: Order! The Leader of the of legislation to improve enforceability. The Opposition will resume his seat. I have Government is committed to enhancing the checked on Speaker Turner's rulings. On at level of compliance with environmental laws least three occasions there was no opportunity and standards and providing clear direction for the Opposition of that day to make two- and support to its staff for those functions. minute statements. Mr BORBIDGE: We have had three PRIVILEGE occasions in a week, not three times in three years. Private Members' Statements Hon. R. E. BORBIDGE (Surfers Mr SPEAKER: Order! I now call the Paradise—NPA) (Leader of the Opposition) Minister for Primary Industries. (10.09 a.m.): I rise on a matter of privilege Hon. H. PALASZCZUK (Inala—ALP) suddenly arising. Is it again the intention of the (Minister for Primary Industries and Rural Government to deny members the opportunity Communities) (10.11 a.m.): Mr Speaker, I seek to make private members' statements? leave to make a ministerial statement. Mr SPEAKER: Order! There is no matter Question—That the Minister for Primary of privilege. Industries have leave to make a ministerial Hon. R. E. BORBIDGE (Surfers statement—put; and the House divided— Paradise—NPA) (Leader of the Opposition) AYES, 42—Attwood, Barton, Beattie, Bligh, Boyle, (10.10 a.m.): I move— Braddy, Briskey, E. Cunningham, J. Cunningham, "That the House proceed to the next Edmond, Elder, Fenlon, Foley, Fouras, Hamill, item of business." Hayward, Kaiser, Lucas, Mackenroth, McGrady, Mickel, Miller, Mulherin, Musgrove, Nelson-Carr, Mr SPEAKER: Order! The Leader of the Nuttall, Palaszczuk, Pearce, Pitt, Reeves, Reynolds, Opposition cannot do that. Roberts, Robertson, Rose, Schwarten, Spence, Struthers, Welford, Wells, Wilson. Tellers: Sullivan, Mr BORBIDGE: Mr Speaker, I seek leave Purcell to move a motion. NOES, 40—Beanland, Black, Borbidge, Connor, Mr SPEAKER: Order! The Leader of the Cooper, Dalgleish, Davidson, Elliott, Feldman, Gamin, Opposition cannot do that, either. There is no Grice, Healy, Hobbs, Horan, Johnson, Kingston, matter of privilege. I call the Minister for Knuth, Laming, Lester, Lingard, Littleproud, Malone, Primary Industries. Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, Mr BORBIDGE: Non-Government Santoro, Seeney, Sheldon, Simpson, Slack, members are again to be denied the Springborg, Turner, Veivers, Watson, Wellington. Tellers: Baumann, Hegarty opportunity to raise private members' business—for the third time. Resolved in the affirmative. 1184 Private Members' Statements 18 May 2000

MINISTERIAL STATEMENT PRIVATE MEMBERS' STATEMENTS Hardwood Plantations Minister for Public Works and Minister for Housing Hon. H. PALASZCZUK (Inala—ALP) Hon. R. E. BORBIDGE (Surfers (Minister for Primary Industries and Rural Paradise—NPA) (Leader of the Opposition) Communities) (10.17 a.m.): The Beattie (10.19 a.m.): Serious questions need to be Government's plan to have Queensland's raised about the involvement of the Minister hardwood industry self-sufficient within 25 for Local Government and other years is off to a flying start. I am pleased to representatives at a secret meeting in Mackay report that almost 2,000 hectares of new on the sixth of this month which was exposed hardwood plantations will be established this by the Opposition. The facts are as follows. year. This is double our first year target, which The Minister for Public Works and Minister for had been set at 1,000 hectares during the Housing controls the Labor Unity faction in South-East Queensland Regional Forest Rockhampton. The Minister for Local Agreement process. Joint venture Government and Planning and other things is arrangements have been secured for the the Labor Unity powerbroker in the planting of 919 hectares of hardwoods, and a Queensland Cabinet and the Labor Party further 995 hectares are in the final stages of caucus. The fact is that an alliance between negotiation. South-east Queensland is Labor Unity and the Left denied the AWU therefore well placed to double this year's candidate the right of preselection in the projection and meet the Government's Federal seat of Capricornia and a deal ultimate goal of having 5,000 hectares planted between the Left and Labor Unity gave Kirsten to hardwoods by 2003. Livermore the numbers, the preselection, the endorsements and the job. The plantings will occur in south-east Queensland coastal areas as well as in the Mr ELDER: I rise to a point of order. The hinterland and west through the Kilcoy, AWU does not have any numbers in Lockyer and Brisbane Valleys. A number of Capricornia. nurseries have been commissioned to grow Mr BORBIDGE: The AWU candidate, the required seedlings, which are Mr Nyland, was locked out of the equation, predominantly spotted gum and Gympie and what we saw on 6 May was a meeting messmate. This program is part of the State between the faction members who controlled Government's $26m commitment over four the future of Kirsten Livermore, the Federal years to joint venture hardwood forest member for Capricornia. The question that plantations, which was originally negotiated needs to be raised is whether the Minister for under the regional forest agreement process. Local Government and Mr Slowgrove, It includes $18m under the South-East representing the Left, were part of a deal with Queensland Hardwood Plantation Program the Minister for Public Works and Minister for and an additional $8m for a research, Housing to put pressure on Mr Brown to development and extension strategy. A range withdraw the charges of assault against the of field days and public promotions is being Minister for Public Works and Minister for planned throughout south-east Queensland to Housing to protect the ongoing endorsement encourage more land-holders to become of the Federal member for Capricornia, involved in private plantation forestry. Mr Brown's wife. Time expired.

NOTICE OF MOTION West Chermside Shooting Censure of Minister for Public Works and Mr SULLIVAN (Chermside—ALP) Minister for Housing (10.21 a.m.): As the member for Chermside, I Hon. R. E. BORBIDGE (Surfers wish to pass on the thanks of local residents to Paradise—NPA) (Leader of the Opposition) all those who helped them cope with the (10.19 a.m.): I give notice that tonight I shall recent traumatic events. The quiet of their move— suburban streets was shattered around 4 a.m. on Monday, 1 May, and their lives have been "That this House censures the adversely affected since that time. Minister for Public Works and Minister for Firstly, I pass on the thanks and best Housing for his assault on Mr Craig wishes of the community to the three police Brown, the husband of the Federal Labor officers who were so callously attacked. We member for Capricornia." wish them a full and speedy recovery. We 18 May 2000 Private Members' Statements 1185 thank officers from the local police stations, the the electorate staff of the Minister's office lying SERT team, the Dog Squad, ambulance to police about his whereabouts. He says the officers, the Brisbane City Council parks and matter is closed. The Premier of this State has gardens and Education Queensland who no problem with the Minister making an played such a magnificent role in protecting appointment with police he never intended to and comforting local families. keep. He says the matter is closed. The closure of the two Craigslea State The Premier of this State has no problem Schools for two days caused difficulties for with ALP branch members colluding to many families, and I would like to thank fabricate false testimony about a brutal officers from Education Queensland and assault. He says the matter is closed. The principals Pat Franks and John Fitzgerald, who Premier has no problem with the Minister's worked with the police and parents to look brother harassing witnesses. He says the after the children in their care. matter is closed. The Premier has no problem We thank the schools' Adopt-a-Cop who with another senior Minister cutting a shabby provided advice, support and practical backroom deal to protect his Government. He assistance to the schools, and the ground says the matter is closed. The Premier has no staff, Bob Hargraves, John Sestro and Darryl problem treating this House with contempt. He Stewart, who helped secure the school says the matter is closed. Well, I have news for grounds. As well, the State school P & C the Premier: the matter is not closed. It has association expressed their support and barely begun. This is not a personal matter; it thanks to their principal and the authorities for is a public disgrace. The Minister is a disgrace, the actions taken in those days. In recent the Premier is a disgrace and his Government weeks, families have had their lives disrupted, is a disgrace. work habits changed, and social and community outings cancelled, and many Technology and the Older Generation people have had disturbed sleep with helicopters circling overhead. Yet no-one has Ms STRUTHERS (Archerfield—ALP) complained because, as residents have said, (10.24 a.m.): I want to pay tribute to a fearless they feel secure having a strong police band of seniors from Forest Place Retirement presence to bring some peace of mind. Village, Acacia Ridge, 60 & Better and ARTIC, who are getting themselves online. These As members will be aware, the situation courageous seniors are taking the mouse into has not yet been resolved. The uncertainty their own hands to combat the information and anxiety continues. I have some technology phobia that has left their peers appreciation of what it means for one's family languishing in self-doubt while they are off having to await the capture of a gunman exploring cyberspace. A recent Morgan poll following an irrational and unprovoked attack, revealed that the total number of Australians and I extend my support to my constituents who have been online has grown steadily to who are at the centre of these unfortunate 52% in January/February 2000, but the circumstances. I am sure I speak for all percentage of people aged over 65 years who members when I wish a speedy, injury-free have been online is only 13%. conclusion to this predicament. We offer our support to those whose lives have been As we become more focused on e- affected. We thank all those involved in commerce, e-banking and e-life generally, the protecting and supporting local residents. gap between the information wealthy and the information poor will grow markedly. The Morgan poll survey reported that people on Minister for Public Works and Minister for low incomes, women and the elderly are less Housing likely to get online than others. Only 20% of Dr WATSON (Moggill—LP) (Leader of the people with incomes less than $20,000 per Liberal Party) (10.23 a.m.): Queensland is year have been online, compared to 80% of being run by a lawyer who condones cowardly people who earn over $80,000. The relatively king hits, lying to police and the perversion of high cost of computer equipment and lack of justice. The Premier of this State has no exposure to the technology are the major problem with a Minister of his Government barriers keeping people out of cyberspace. using a beer can to beat a union critic into Physical barriers such as arthritic hands and submission. He says the matter is closed. The inability to control the mouse are also very Premier has no problem regurgitating the lies prohibitive for the groups I have met with in my of a Cabinet Minister to protect his area. Government. He says the matter is closed. Our Government is taking action to The Premier of this State has no problem with reduce the "e-gap". For instance, Minister Judy 1186 Questions Without Notice 18 May 2000

Spence oversees a great women and IT Industrial Relations strategy through Women's Infolink. I Mr ROBERTS (Nudgee—ALP) encourage more action on this front, (10.29 a.m.): There are no ifs or buts about it: particularly an expansion in voice-activated if the coalition ever returns to Government in and other technologies, so that our Queensland, it will immediately hand over our courageous oldies will be given plenty of industrial relations laws to the Federal encouragement in their quest to become e- Government. The member for Clayfield let the literate. cat out of the bag, not recently, but during the debate on Labor's Industrial Relations Bill in Minister for Public Works and Minister for June last year. His parting words in the debate Housing were— Mr FELDMAN (Caboolture—CCAQ) "I will give Government members one (10.27 a.m.): It is indeed a long lane that has guarantee: we will fix the industrial no turning. It has only taken some 15 months relations system of this State again, but for this to turn around. I recall the Minister for next time permanently." Public Works and Minister for Housing yelling That can only mean one thing: handing our some fairly caustic comments across the industrial laws back to the Commonwealth, just Chamber to Charlie Rappolt when he was here like Victoria; back to the likes of Reith and over a domestic situation he was involved in. I Howard; back to the days of the attack dogs, remember the rest of those spineless people the Dobermans and the Alsatians, that were over there also yelling a few of those comments themselves. But I do not think the used to threaten workers and protesters at Charlie Rappolt situation involved a crushed Hamilton and Fisherman Islands; back to the beer can as the weapon of choice. I do not employer sponsored thugs in balaclavas who think the Charlie Rappolt situation involved conducted midnight raids on the waterfront; assault occasioning bodily harm. I do not think back to the days when the independent this spineless mob over there should be umpire could not intervene to resolve major protecting somebody who does not need that industrial disputes; back to the days of unfair protection. I do not think it was just a drunken individual contracts. barbecue involved either. This is the industrial relations system I say to the member for Rockhampton favoured by the coalition—a thugs, dogs and that the public have a right to know about what winner-take-all approach where the happened at that barbecue. If we listened to a independent umpire is taken out of the picture. couple of other sources, the Minister would be If ever there was a time for workers and unions out there not just posturing in front of the to unite behind the Labor Party to defend our public with the Premier protecting him. The industrial relations laws, it is now. Premier was supposed to set new standards Mr SPEAKER: Order! The time for Private and new moral behaviour for not just his side Members' Statements has expired. in this Parliament but every side of this House. The Minister for Public Works and Minister for Housing has now set the standards. We now QUESTIONS WITHOUT NOTICE have to do the limbo under those standards. Minister for Public Works and Minister for They are not high standards. Housing The public need to know exactly what is going on. They need to know and have a right Mr BORBIDGE (10.30 a.m.): I refer the to know. Just as they had a right to know Premier to his assurances in this place about Charlie Rappolt's situation, they have a yesterday that there had been no political right to know what happened at that barbecue interference in the outcome of Mr Brown at Rockhampton. I see the smirk coming withdrawing a complaint of assault against the across the face of the member for Minister for Public Works and Minister for Rockhampton. As I said, the worm has turned, Housing, and I ask: did the Premier or any and what a worm the member for person acting on his behalf ring a prominent Rockhampton is turning out to be in this figure of the ALP Left, Mr Ron Monaghan of situation. He must give a public account. That the liquor union, requesting his assistance in account has to be given. The public have a resolving this matter by the way of the right to know. There are questions, too, application of pressure on Mr Brown? concerning the Minister for Local Government Mr BEATTIE: I have said a number of and the Police Minister with respect to what things about this. I will go through the details they have had to say about this matter. again. I make it very clear at the outset: this Time expired. matter involved no deals, no deals and no 18 May 2000 Questions Without Notice 1187 deals. It is that simple. I refer to the person Mr Monaghan to seek Mr Monaghan's who is at the centre of all of this: Mr Brown. assistance or encouragement in respect of Mr What did Mr Brown say yesterday in the Brown withdrawing charges against the media? I will quote the man who withdrew the Minister for Public Works and Minister for charge. The man himself said— Housing? "Rob Borbidge is trying to make a Mr BEATTIE: I am not aware whether political football out of what was basically Charlie Doyle or someone like that rang him. I a personal matter." am not aware whether there is some He said it twice. What is the person who is mysterious individual who contacted him, but I allegedly the victim, according to Mr Borbidge, did not ring him. saying? ABC News Online states— Opposition members interjected. "Craig Brown maintains he made an Mr SPEAKER: Order! The question has independent decision to drop a complaint been asked. We will hear the answer. against the minister. He denies being Mr BEATTIE: I said that I made no pressured by the Australian Labor Party, contact with him. I did not ring him. I do not and says the two of them have resolved know what the allegations are. So far the their differences." Leader of the Opposition has been wrong with He went on to say— all of these allegations. I do admit that I did "I've seen Robert socially since, so make a mistake. The mistake I made was that I'm not sure what the kerfuffle is about right at the beginning I acted openly and really, to be honest." honestly. I answered questions from the media. I approached the Minister and I asked They are the words of the man himself. That is him what had happened. I then said publicly to black and white. That ends it forever. What we the media— have here is the biggest beat-up since the release of the fraudulent Hitler diaries. The Mr Borbidge: Did someone ring Ron most disappointed person in this House is the Monaghan? Leader of the Opposition, because a person Mr SPEAKER: Order! The Leader of the did the Australian thing and decided to Opposition will allow the question to be withdraw. answered. That is my final warning. This was handled in a mature and Mr Borbidge interjected. sensible way. The parties sat down and Mr BEATTIE: I have actually made the discussed the matter and one of them answer to that very clear. The Opposition withdraw the complaint. As late as yesterday Leader was so busy interjecting and being the man who withdrew the complaints made it rude that he did not hear. very clear in the public arena that he regards the matter as finalised. I look forward to that Mr BORBIDGE: Mr Speaker, I rise to a being widely reported on the news services. point of order. The Premier is dodging and weaving and will not answer the question. So why is this matter being pursued? It is being pursued for the most base political Mr SPEAKER: Order! There is no point of reasons. As I said, this is the biggest beat-up order. Resume your seat. since the release of the fraudulent Hitler diaries Mr BEATTIE: How long are we going to in terms of both the way it has been reported have the House disrupted by the Opposition, in some media outlets and, indeed, the way which is consistently refusing to allow me to the Leader of the Opposition has behaved. answer the questions asked of me? Things in this State have changed. It is not like Mr BORBIDGE: Mr Speaker, I rise to a the corrupt old days when Mr Borbidge was in point of order. It is now very clear that the the Ministry. Premier has misled the House in respect of intervention in regard to— Minister for Public Works and Minister for Mr SPEAKER: Order! There is no point of Housing order. Resume your seat. Mr BORBIDGE: I refer the Premier again Mr BEATTIE: If the Leader of the to his commitments, publicly and in this place, Opposition had not been so rude he would that there has been no political interference in have heard me. I said that I have not spoken Mr Brown withdrawing the complaint against to this individual. I am not aware of anyone the Minister for Public Works and Minister for who has spoken to this individual. That is black Housing. I ask the Premier again: did he or and white. I said it when the Leader of the any person acting on his behalf contact Opposition was being so rude. 1188 Questions Without Notice 18 May 2000

I come back to the point that I did make a Westpac survey found that interest rates, the mistake in relation to this matter. The mistake I weak dollar and the GST are the main made was to do the right thing. I spoke to the reasons. Perhaps people are opening their Minister. The Minister explained to me his eyes to what the GST really means for their position. On questioning from the gallery I then family budgets, and they are getting worried. explained what the position was. I have been attacked by both the Opposition and the What is the Federal Government doing to Courier-Mail for telling the truth. manage these disturbing trends? The Federal Government is making these trends even Let us be very frank about this. What worse. John Howard and Peter Costello are today's Courier-Mail editorial suggests is that I pushing on with the GST, regardless. They are should not have answered the question put to driving the dollar down with thoughtless public me by the gallery. That is the upshot of it. The comments and thoughtless economic policy. Courier-Mail is saying today that I should not They have delivered to the nation a currency have been accountable, and so is the crisis, which seems to be getting worse day by Opposition. I spoke to the Minister. I then told day. the whole population of this State what I had been advised by the Minister. That is The decline in business and consumer accountability. That is exactly what I should confidence reflects a decline in confidence have done. Yes, I made a mistake by going about the way the national economy is being out and doing what a Premier should do. managed. For Australia's sake, John Howard I recall some history. When a young needs to lift his game and restore confidence woman was bashed by the police way back in in the nation's economic management. But the seventies, the Bjelke-Petersen Cabinet what does he do? For the second time this actually discussed the matter and suppressed year he has panicked the foreign exchange an investigation. The chief stipendiary markets to sell the dollar. This morning the magistrate found that the commissioner dollar is trading below US57c, compared with subsequently received a direction to not 66c last year. Everyone is hoping that the proceed with that inquiry. Reserve Bank does not follow the US and again raise interest rates. Time expired. Our economy is clearly slowing and we cannot afford another interest rate hike. If the National Consumer Confidence dollar continues to fall, the pressure to raise Mr SULLIVAN: I refer the Premier to the interest rates will become overwhelming. One 16% slump in national consumer confidence would think that John Howard would since last November, and I ask: what factors understand this. Instead, Howard's actions are have caused the crisis in confidence? fuelling the currency crisis. By delivering a Mr BEATTIE: It is important that we focus Budget in deficit and exerting pressure on the on the real issues that are affecting ordinary Reserve Bank, he is adding to the problem, Queenslanders. I was worried when I saw the not solving it. I call on the Prime Minister, for all reduction in consumer confidence reported by our sakes, to start thinking about the nation the Westpac Melbourne Institute Index of and restore confidence in our economic Consumer Sentiment—a 16% drop since management. November last year, which was at the time of It is interesting to note that the Opposition the first of the four interest rate increases that is out there supporting the GST. I undertook a have hit Australian families and Australian little research and I was intrigued to find an businesses. With that backdrop, it is no item in the Gold Coast Bulletin of 18 wonder that the Opposition is today trying to November 1980 in which the then National get into the gutter again. They do not want to Party candidate, Rob Borbidge, was quoted as face up to the issues that confront ordinary saying that he would fight all the way to stop a Australians. VAT—a GST by another name—being Consumer confidence is now at its lowest introduced in Canberra. How things have level since February 1995, which was the changed! I quote from the article— middle of an economic downturn. This confirms the dramatic plunges in business "People who have experienced VAT confidence recorded by surveys over the last overseas, particularly in the United few months. Kingdom and Europe, appreciate that it is a tax slug that we can well do without." This is the real issue: what is eroding business and consumer confidence? The He is right in terms of the GST as well. 18 May 2000 Questions Without Notice 1189

Minister for Public Works and Minister for Mr SPRINGBORG: Insofar as the actual Housing allegation involving the Premier personally is concerned, yes— Mr SPRINGBORG: My question is directed to the Honourable the Premier. I Mr Elder: Withdraw! again remind the Premier of his undertaking to Mr SPRINGBORG: Insofar as there is the House yesterday that there was no political involvement by someone else— interference in the withdrawal of a complaint of Mr SPEAKER: Order! The member will assault lodged by Mr Craig Brown against the just withdraw. Minister for Public Works and Minister for Housing, and the further failure of the Premier Mr SPRINGBORG: I withdraw whatever it to assure this Parliament that no-one is that the Premier is a bit touchy about. associated with him rang or spoke with Mr Mr BEATTIE: I am happy to answer the Monaghan to convince him to help the question. The answer to the question— Premier pervert the course of justice and his Mr SPRINGBORG: I— subsequent rejection of this pressure— Mr SPEAKER: Order! We do not need a Mr BEATTIE: I rise to a point of order. statement on the matter. That claim is untrue, it is offensive and it is false. I ask that it be withdrawn. Mr BEATTIE: I made it absolutely clear right from the outset that there have been no Mr BORBIDGE: I rise to a point of order. deals— Mr Speaker, I refer to your ruling yesterday on Mr SPRINGBORG: I rise to a point of a point of order by the member for Clayfield, order. The question has not been completed. who found certain remarks offensive. After Given the Premier's previous answers, I ask: hearing an appeal from the Minister for did the Premier or anyone associated with him Employment and Industrial Relations, you then ring Linda Holliday, an assistant State ruled that those remarks did not— Secretary of the Labor Party, and suggest that Mr SPEAKER: Order! I will respond to she join the push to put pressure on Ms that. The Leader of the Opposition will resume Livermore to have her husband withdraw his his seat. On the matter of yesterday's point of complaint for fear of losing her endorsement? order, the member will notice that I did say that Mr BEATTIE: What we have here is a I did not believe that it was objectionable; that continuation of the smear. What we have here the term was not personally offensive. If is not only an abuse of the privilege of this someone said, "It was an approach which Parliament; it is also a very cheap political owed more to political expediency", that is a attempt to continue this exercise to demean statement which refers to the situation at the and attack people under parliamentary time. The member for Warwick has just privilege. accused the Premier of perverting the course Mr Beanland interjected. of justice. That is a different thing altogether. I ask the member to withdraw. Mr SPEAKER: Order! The member for Indooroopilly will cease interjecting. Mr SPRINGBORG: I withdraw whatever Mr BEATTIE: There have been no deals; the Premier finds offensive. However, I simply brought to the attention of the House that the there have been no deals; there have been no Premier denied his personal involvement but deals. There has been no improper he failed to deny the involvement of anyone involvement by me or anyone else. Let me go associated with him in making the contact with into a little bit of history— Mr Monaghan. I further say— Mr BORBIDGE: I rise to a point of order. The Premier has now admitted an Mr BEATTIE: I rise to a point of order. involvement. He said, "No improper The accusation is simply untrue. involvement". Mr SPEAKER: Order! The accusation was Mr SPEAKER: Order! The Leader of the that the Premier was perverting the course of Opposition will resume his seat. justice. That was what the member said. Mr BEATTIE: What we have seen today An Opposition member: He has from the Leader of the Opposition is a most withdrawn. disgraceful performance by one of the greatest liars that this Parliament has ever seen. Mr SPEAKER: Order! It was not a withdrawal. Would the member withdraw, and Mr BORBIDGE: I— then we will get on with this. Mr SPEAKER: Order! Mr Premier— 1190 Questions Without Notice 18 May 2000

Mr BEATTIE: I withdraw. It is a bit rich for continue this smear campaign; when I have the Leader of the Opposition to come into this sought to answer questions, I have been Chamber and talk about integrity—a man who prevented from doing so. sat in this place with the most corrupt of Let me spell it out very clearly, and I will people. The member and his mates went to do this in very precise terms: there have been jail—well, he didn't, but his mates did. no deals, there have been no deals, there Opposition members interjected. have been no deals. Neither I nor anyone near Mr BEATTIE: They don't like it. I go back me or associated with me, as far as I am to 1976 when the Chief Stipendiary Magistrate aware, has been involved in any deals. That is found these things— very clear. At the end of the day, the only people who want to continue this nonsense Mr HOBBS: I rise to a point of order. The are those who do it for the most basic, sleazy Premier is talking about something that is 25 reasons. I have been very clear about this. years old. There have been no deals, no deals, no deals Mr SPEAKER: Order! There is no point of and no deals. order. The member will resume his seat. Let me remind the House that Mr Brown, Mr BORBIDGE: I rise to a point of order. the person against whom this alleged offence Mr Speaker, in accordance with your ruling is said to have occurred—and I want to read it yesterday and the ruling that you have made into the record—said yesterday— today, I find the comments made by the "Rob Borbidge is trying to make a Premier to be offensive— political football out of what was basically Mr BEATTIE: I have already withdrawn. a personal matter." Mr BORBIDGE: I ask that they be That is what he said. But then in an ABC withdrawn. report he was quoted as follows— Mr SPEAKER: Order! The Premier has "Craig Brown maintains he made an already done that. He clearly withdrew. independent decision to drop a complaint Mr BORBIDGE: When? against the Minister. He denied being Mr SPEAKER: Order! The member can pressured by the Australian Labor Party read Hansard later. We will carry on with and says the two of them have resolved question time. their differences. Mr BEATTIE: This has been the most 'I've seen Robert socially since, so petulant and childish performance that the I'm not sure what the kerfuffle is all Leader of the Opposition has yet put on. Let about.' " me make it clear— This is the biggest beat-up since the fraudulent Mr Horan interjected. release of the Hitler diaries. That is what it is. I will keep reminding people of that, because Mr SPEAKER: Order! Have you finished, there is no evidence of any improper member for Toowoomba South? behaviour by anybody. Mr Johnson interjected. Mr BEANLAND: I rise to a point of order. Mr SPEAKER: Order! Have you finished, member for Gregory? I am on my feet. This is Mr BEATTIE: Here we go, another again a disruption of question time. I now warn frivolous point of order against the Standing all members on both sides of the House that I Orders. am not going to tolerate any further disruption Mr BEANLAND: The question was: did for the rest of this morning. You are all warned the Premier phone Linda Holliday? under Standing Order 123A. Mr SPEAKER: This is a frivolous point of Opposition members interjected. order. The member knows the Standing Mr SPEAKER: Order! Just try me. Orders as well as I do. It is a frivolous point of order. If there are any more, I will warn the Mr GRICE: I rise to a point of order. The member. time is jammed on three minutes. Mr BEATTIE: The important thing that Mr SPEAKER: It is, exactly, because I has not been reported in all of this—and I refer pressed the pause button. I gave a ruling on to the ABC report—is that that report states that some months ago. All members are now that there was a written report by certain police warned. who had also written a report on the incident Mr BEATTIE: This morning there has saying that there was no inappropriate been a deliberate attempt in the Parliament to behaviour. That is what the police have said. 18 May 2000 Questions Without Notice 1191

Meat Industry Mr PAFF: I rise to a point of order. The Mr FENLON: I ask the Minister for State Minister is misleading the House. I did not say Development and Minister for Trade: can he that, and I find that offensive, most offensive, advise the House of developments in the meat and I ask that he withdraw it. I find that most processing industry in south-east Queensland? offensive, Mr Elder. Mr ELDER: I am pleased to answer the Mr ELDER: Whatever the member finds question. I recall the Leader of the Opposition offensive, I withdraw. However, the member talking about friends. Let me tell him: he has said publicly that they should not expand the none—not over on that side of the House. plant and they should close the plant at a Over the past few weeks and beyond, all they given date. That is what the member said ever do in the corridors of this place is plot. His publicly, and I have just stated no different. time as Leader of the Opposition is running Basically, that means no 1,200 new jobs out—tick, tick, tick. Eventually, this bloke or and the sack for the 1,200 workers who are that bloke over there will top him. That is the there. That is the way I read it. I am sure that way it will work. is the way everyone else in the Parliament I want to make some comments about reads it. Why did the member take a point of the meat processing industry, because it is an order? He is a goose! industry of substance that should be very close Mr Kaiser: He's nodding. to the hearts of National Party members such Mr ELDER: The member is nodding in as the member for Callide. However, they had agreement with me. It is exactly the case. The a report that said, basically, that if they did not Labor candidate, Don Livingstone, supports act, 17 abattoirs in this State would close—not them, and it will cost the member in the one, not two, but 17 would close—and 5,000 electorate. Queenslanders would lose their jobs. Yet they did nothing. They sat on the report and did nothing. It was sitting there waiting for this Minister for Public Works and Minister for Government when it came to power. That is Housing the record of the members opposite. They did Mr QUINN: My question is directed to the nothing—zilch! They had no concern for their Premier. I refer the Premier to the member for own constituencies. This Government set up Rockhampton's assault on Craig Brown, the the meat task force, and that meat task force husband of Federal MP, Kirsten Livermore, has delivered meat jobs all over the State. and I ask: did Ms Livermore win endorsement However, I actually want to refer to AMH. for the seat of Capricornia through the Most members of Parliament would be happy factional support of Labor Unity and the Labor if we as a Government were to walk up to Left? Did the head of Labor Unity and Minister them and say, "We are just about to enhance for Local Government tell Mr Brown that unless the meat operations in your area and it will he withdrew his complaint, his wife could lose provide 1,200 jobs." Most members would be the support of Labor Unity? Did union happy to have 1,200 jobs created in their heavyweight, Jeff Slowgrove, tell Mr Brown electorates. However, not the member for that his wife could also lose the support of the Ipswich West. He does not want 1,200 jobs Left, which would make it impossible for her to created over the next 18 months. secure endorsement? Were both the Minister It is hard to work out "Ten Nations". When and Mr Slowgrove acting on the Premier's they came into the Parliament, they said that direction? when they would be different. My word they Mr BEATTIE: This Opposition is the most are different! The member for Ipswich West is bereft Opposition in the history of this the only member I know who has said, "I do Parliament. They are the most dishonest, not want the 1,200 jobs." But worse than despicable, sleazy operators we have ever that— seen. They could not tell the truth if their lives Mr Kaiser: He's having trouble hanging depended on it. on to his own. Mr QUINN: I rise to a point of order. I find Mr ELDER: I take that interjection. Worse that comment offensive and I ask that it be than that, the member for Ipswich West said withdrawn. publicly, "I want to close the plant down." The Mr BEATTIE: I withdraw. The truth of— member for Ipswich West not only does not Mr QUINN: Mr Speaker— want the 1,200 jobs but also he wants to sack the 1,200 who are there already. Mr BEATTIE: I just said I did. 1192 Questions Without Notice 18 May 2000

I made it very clear. The relevant issue Mr BEATTIE: Thank you, Mr Speaker. As here is: what has the person who has allegedly I was saying, the Chief Stipendiary Magistrate been assaulted saying? He is saying that it is a found these facts— beat-up. He is saying that he wants to move "1. On the 30th July, 1976, Mr Spencer on. He is saying that he is part of what the made a complaint to Mr Whitrod then Australian way has been, and that is exactly Commissioner of Police, who right. 2. detailed two of his senior officers to Let me refer again to the article on ABC make inquiries, News Online. It states— 3. that on the evidence of the transcribed "A spokesman for Police Minister, tape the respondent had, in answer to the Tom Barton, says the claims are question "Why won't there be an contained in an email written by inquiry?", admitted "Well, Cabinet Rockhampton police officer and passed considered very carefully the report that onto a senior officer, who has also written Mr Hodges brought today on the a report on the incident saying there was information that we had and decided that no inappropriate behaviour." there wouldn't be an inquiry," and The police are saying that there was no 4. that the Commissioner subsequently inappropriate behaviour. received a direction not to proceed with So what do we have here? This collection that inquiry ..." of intellectual midgets opposite believe that Time expired. they are better than the police. Let us be really clear about this. This is a deliberate attempt by the Opposition to pressure both the CJC and Gaming the police on this matter. This is a direct Mr MUSGROVE: I refer the Treasurer to attempt at political interference in the due recent media reports on the coalition's processes of the law. approach to gaming in Queensland, and I ask: There is a precedent for it. As I was how does this differ from the Government's saying, back in 1976, the National Party used new policy direction for gambling in to do business like this every day. Let us look Queensland? at how the National Party and the Liberal Party Mr HAMILL: Unlike the Opposition, the used to do business, because this is the way Government has a clear policy in relation to in which they think that everyone does gaming in Queensland. In fact, we have held business. Of course, we do not, because we extensive community consultations and we are are honest. The chief stipendiary magistrate putting in place a set of policies which reflect found that on 30 July 1976 community values and aspirations with respect Mr HOBBS: I rise to a point of order. That to gaming in Queensland. Part of that is totally irrelevant. The Premier is talking about approach is giving the community a direct say something that happened 25 years ago. in relation to gaming licensing matters on both Mr BEATTIE: That was a frivolous point of venues and machine numbers, and putting in order. place a limit on machines—a limit lower than that which the coalition had put in place when Mr HOBBS: For heaven's sake, the in Government. Premier should talk about what his Government is doing now. Imagine my surprise when I saw that, despite these endeavours to rein back the Mr SPEAKER: Order! That is again a enormous growth, particularly in machine frivolous point of order. I warn the member gaming, which was countenanced by the under Standing Order 123A. That is my final coalition's white paper, we have the Opposition warning. family spokesperson, the discredited former Mr BEATTIE: Let the record show that the Attorney-General, parading with mock Opposition continued to disrupt Parliament indignation his concern for the growth in today. gaming machine numbers. At the same time Mr Hobbs interjected. his leader, the member for Moggill, the architect of the explosion in machine gaming Mr SPEAKER: The member for Warrego which occurred in this State, tried to apply the will leave the Chamber under Standing Order principles of economic rationalism to gaming in 123A. He will now leave the Chamber. Queensland. Whereupon the honourable member for Ms Bligh: Not another split in the Liberal Warrego withdrew from the Chamber. Party. 18 May 2000 Questions Without Notice 1193

Mr HAMILL: A splintering, I think. official Queensland Government web site for The member for Moggill's policy on the Children's Commission of Queensland? I gaming is not to have one at all. Let the table a print-out taken at the Queensland market decide. There should be no limit on Parliamentary Library from the Children's gaming machines in hotels and clubs. The Commission web site header, leading to "The Liberal Party Leader said, "The free market will Mother's Day Special", leading to "The Happy find its own level." He may think the free Mother's Day Song", leading to "Restroom", market will find its own level, but the people of leading to "Humour", leading to "Crack Queensland want a firm direction. They want Aficionado" and "Crack Babies", which depicts the incidence of gaming in the community children in nappies talking of oral sex, limited. prostitution and a brutal murder of a policeman by a child with a gun and a child with a knife. So the member for Indooroopilly, who I Finally, I table five recipes for using cocaine in think is still the coalition's spokesperson for "Aunty Millie's Breakfast Crack", including gaming, is at odds with his leader. We also powdered cocaine, baking soda, two bananas, have the member for Keppel putting in his two etc. In keeping with the modus operandi of her bob's worth on this issue. He does not put his Government, how does the Minister plan to two bob's worth in on his own portfolio cover this up? responsibilities, but he wrote me a letter in which he said, "The capping of machines will Ms BLIGH: I thank the honourable not solve anything." member for his question. I think it is self- evident that not only every member on this It must be very interesting when the side of the Chamber but also on the other side shadow Cabinet meets to discuss gaming. The would be concerned, as are members of the Leader of the Liberal Party says the free community, with the way the Internet can be market should reign. The member for Keppel abused and misused. If the member has any says there should be no caps. material that he thinks should be drawn to my Mr LESTER: I rise to a point of order. I attention, I can assure him and the House that find it offensive that the Minister is mocking in it will be treated with the same degree of the Parliament something I have done on seriousness that I have treated other such behalf of a constituent. He ought to wake up issues which have come to my attention. to himself. Anybody who knows the Children's Mr SPEAKER: Order! That is not a point Commissioner and the staff of that of order. organisation would know that she will be Mr HAMILL: Mr Speaker, I table the equally concerned. I can assure the House correspondence to me from the member for that I will look into the matters raised. I suggest Keppel. There is no mention in here about to the member that he should take the constituents. He was expressing his point of appropriate course and bring it to my attention view in relation to gaming. formally. I can assure him that it will be treated seriously Mr LESTER: I rise to a point of order. He is trying to make public things I do for my electorate. I think that is disgraceful. One Tourism Marketing would think one could write to the Treasurer Mr PURCELL: I refer the Premier to the with some degree of decency— State Government's commitment to promoting Mr SPEAKER: Order! That is not a point Queensland as the best place in which to of order. invest and the best holiday destination, and I Mr HAMILL: To overcome the ask: can he outline any recent State bewilderment of the honourable member, I Government initiatives to market Queensland table the letter. We closed submissions on the to holiday-makers and investors? green paper in January. He got around to it in Mr BEATTIE: I can, but before I do so I April, but there is the letter. want to say that during almost 11 years in this Time expired. Parliament the performance by the Opposition today is the most disgraceful I have ever seen. The people of Queensland should be appalled Children's Commission Web Site at the behaviour of the Leader of the Mr GRICE: I ask the Minister for Families, Opposition and his disruptive colleagues who Youth and Community Care: is she aware of, have sought to wreck this fine institution and does she condone, the despicable, filthy, through this morning's disruptive processes. pornographic literature available through the An Opposition member interjected. 1194 Questions Without Notice 18 May 2000

Mr BEATTIE: Mr Speaker, I will answer a Queensland has 23 departments and 400 sensible question. agencies, many with their own name, style, All honourable members recognise colour, typeface and logo—and costs to go Queensland as the best place in which to with them. The single logo will improve holiday and invest. But it is a tough, some recognition of Government departments and would say ugly world. Queensland cannot agencies and save millions. simply rest on its laurels. Our natural Another major event that will also put advantages have to be properly marketed to Queensland on the international stage is the compete. Australian Ladies Masters Golf Tournament. The Honda Indy 300 has been a The tournament has the support of the wonderful success story, not just for the Gold Queensland Government, and I am pleased to Coast but for the entire State. The only thing say it now has a new name and sponsor, missing from the race has been an Aussie which I announced with Karrie Webb and driver competing on his home track. But this others recently at Royal Pines on the Gold year will be different. This year, the 10th Coast, that is, Virtual World of Sports. anniversary of the event, the Queensland Time expired. Government has sponsored Queensland driver Jason Bright to help him compete in the race. The Sports Minister and I were very pleased to Minister for Public Works and Minister for make this joint announcement and help Jason Housing take his place on the starting grid. Dr WATSON: I ask the Minister for Police: Jason Bright has a distinguished racing can he confirm that police repeatedly advised record to date, with success in numerous his office that its investigations did not support Formula Ford races as well as the 1998 FAI the claim by the member for Rockhampton 1000 at Bathurst. He is currently driving for the that he acted in self-defence when he king-hit high profile Dorricott racing team in the United Craig Brown with a beer can, and can he States Indy Light series. In the first race of the explain why he did not advise the Premier of year, held recently, he finished second after this information at any time during the past 17 qualifying third fastest. The State Government days, in spite of the fact that the Premier has sponsorship will be more than covered by the repeatedly sided with the member, as recently economic benefits that will flow from the event. as yesterday, in this House? We will get a great return—many times over— Mr BARTON: I am glad to get this for our investment. question, because the reality is that the Last year more than 250,000 people were Courier-Mail article this morning proves what trackside over the four days, and revenue from the Premier and I have been saying all along: ticket sales alone topped more than $4m. that this is an operational matter for the police; Overall, the event generated an economic that they have been left to investigate this impact of more than $42m for Queensland, an themselves without any operational increase of nearly $4m from the previous year. interference from me. The reality is that I have Last year the Indy was beamed to more than received three briefing notes from the police. 170 countries, with a potential viewing Prior to that I received a significant event audience of more than 700 million people. report on the same day that I received the first briefing note. I think we should put that in the We intend to capitalise on that huge proper context. The Courier-Mail stated that I viewing audience in another way: Jason had evidence and further on it stated that I Bright's car will carry the State Government's had intelligence— new corporate logo, making it a 300 km/h billboard. The new logo signifies a single, Opposition members interjected. proactive corporate image for the State and its Mr SPEAKER: Order! The House will Government departments and agencies, come to order. demonstrating Queensland's determination to Mr BARTON: It stated that I had be a pacesetter in the new millennium. intelligence information. Honourable members This is the first time that a Queensland opposite know the context in which the word Government has undertaken a single branding "intelligence" was used. It says no more and on such a large scale and in such a no less than that there was a complaint by Mr comprehensive and integrated way. This Brown to police; that the allegation in that change will save millions and millions of dollars complaint was that he had been assaulted; over time and, importantly, it is a change for and that police were investigating. That is not the better. It will be an enduring symbol for this evidence. It is hardly even intelligence Government and future Governments. information. The very next briefing note that I 18 May 2000 Questions Without Notice 1195 received from police, which was on 8 May, members that we do not do so and we did not advised that there had been mediation do so on this occasion. We will not do that. between Mr Brown and Mr Schwarten and that That is their style, not our style. as a result of that Mr Brown had withdrawn his I am much more interested in the raft of complaint. That is the substance of that legislation that I introduced yesterday, which briefing note. The subsequent briefing note represents the biggest reform of police powers that I got was on 16 May, after there had that this State has seen. There are changes to already been references in the Courier-Mail. I the Drugs Misuse Act so that we can go after think the member is misjudging a comment the people misusing steroids, Rohypnol, that was attributed to the police media ephedrine and so on. I am more interested in spokesman, Brian Swift. the world-first initiative that we launched Mr BEANLAND: Mr Speaker, can I move yesterday, namely, a drug-testing van as part that those documents be tabled when the of the drug courts and community service Minister has finished reading from them? regimes. That is where the real game is. This is Mr BARTON: I have some handwritten nothing more than a beat-up by the notes here. I am happy to table them Opposition of a matter that has been afterwards. concluded, and in respect of which there has been no political interference by me or Mr SPEAKER: The Minister is happy to anybody else on this side of the House, and table them. that is what the Police Service is saying. The Mr BARTON: A comment was attributed Opposition is misrepresenting the position. to Brian Swift in the Courier-Mail this morning. When we checked with him, he said that, yes, there is always continuous contact backwards Rural Health Funding and forwards between the Police Minister's Mr PEARCE: I ask the Minister for Health: office, his office and the commissioner's office. could she please explain to the House how He made it very clear that that was not about much benefit will come to Queensland from this issue. Of course there was a lot of contact the Federal Budget's reported windfall for during that period. We had the tragic health, particularly for the bush? shootings at Chermside, a shooting at Mrs EDMOND: I thank the honourable Deception Bay and the continuing murder member for the question. I note and place on investigation in Cairns. On several occasions the record of this House his active interest in Mr Swift has even spoken to me to advise me rural health. I always welcome any extra of events relating to those matters as they money that the Commonwealth has on offer, were unfolding in the early hours of the even though experience has proven that the morning. But the reality is that the only contact devil is in the detail. But in the detail of the that there has been between the police and Federal Budget that we have seen to date, of me has been those official briefing notes—that the increased funding under rural health is, on this matter. initiatives— I think we should put this into context. The Mr HORAN: I rise to a point of order. The brief I got on 16 May stated that the Police Minister who answered the previous question Service had no concerns about the manner of was going to table the documents. They could the mediation; that it is not unusual for be tabled and an attendant could photocopy complaints to be withdrawn; that it is the them. normal practice to accept those requests for withdrawal; that the comments in the Courier- Mr BARTON: Mr Speaker, I have said that Mail were the personal opinions of one officer I will table them. They are my hand-printed and not the Police Service's view; that the notes. decision to take no further action was made at Mr SPEAKER: Order! There is no point of the appropriate managerial level; and that order. The honourable member will resume his there is no evidence of any improper conduct seat. by any person on this matter. Mr BARTON: I call for the attendant to The Opposition is judging us by its come and get them so I can table them. standards. They cannot believe that we do not Mrs EDMOND: The Opposition continually interfere politically with police matters, because seeks to disrupt question time. They do not that is what they always did in the corrupt want to hear anything. National Party Governments in the past. They find it hard to believe that we do not say, "Tell Mr Horan interjected. us every bit of detail"; that we do not directly Mr SPEAKER: Order! The member for interfere in these matters. I assure Opposition Toowoomba South will cease interjecting. 1196 Questions Without Notice 18 May 2000

Mrs EDMOND: Thank you, Mr Speaker. staff contact police prior to the Saturday In the detail of the Federal Budget we meeting in Mackay about Minister Schwarten's have seen to date, of the increased funding assault to advise them of the impending under rural health initiatives there is a failure to meeting, and did he or any of his staff make recognise that the major provider of regional any suggestion or inference that the charge health services is Queensland Health. I have should be deferred or dropped? been concerned by media hype anticipating a Mr BARTON: That is an easy one to $562m windfall or bonanza for bush health. answer because I must say that I did not even This is something that members opposite are know that the meeting on Saturday was taking repeating at every opportunity. In fact, only place. There was no need for me to be made $68m—and that is the Commonwealth's aware of it. That was a private matter that figure—has been allocated across all of obviously was conducted by Mr Schwarten and Australia for this Budget year. Of that $68m, other people. I was not aware that there was a only $17m across Australia could be delivered Saturday meeting taking place and, as such, through the major provider—the public system. there is no way in the world that I could have The rest is specifically targeted through private approached the police to say, "Look, this is providers and private hospitals. Of that $17m, happening and I want consideration of the Queensland will be fighting for the huge total charges to be dropped, etc." So the very clear of $3m. People should not hold their breath. If answer— this takes pressure off Queensland Health, I Mr Horan: Staff? will be delighted and I will be the first to say Mr BARTON: My staff were not aware, how wonderful it is. But there is no evidence of either. The very facts are that I became aware this. of the fact that there had been a Saturday The Commonwealth has also an meeting, a mediation between the parties, unfortunate habit of missing the mark when it when I received the police brief to the effect comes to making a real difference in health that they had been— service delivery. In the past, bush health Mr Horan interjected. increases have mostly gone to Victoria—that really difficult rural State! The Commonwealth Mr BARTON: I do not know how many has also failed to respond to the critical areas questions the member for Toowoomba South of need. There is not a mention of any wants to ask. He never listens to the answers increase in indigenous health funding, even and he does not understand the briefs that we though this group is the one recognised as the give him when he asks for them. most disadvantaged in Australia. There is not The reality is that I have given the clearest one mention of that group in all of the Budget possible answers that I can on this one. I hope information sent to me. This is despite all of the member asks me some more questions in the Prime Minister's statements regarding this place because he might get the facts that practical reconciliation based on health and this place needs to hear. education. There has been no political interference in The health insurance subsidy increase this matter. Neither my staff nor I made any does very well. It gets an extra $173m, which approaches to police with regard to the is almost as much as the total increase of Saturday meeting because we were not aware $203m in the whole budget for this year. that the Saturday meeting was even taking Almost as much goes into boosting private place until after it had concluded and I health insurance. That does not mean that received a briefing note from police to the one extra patient will necessarily get treated effect that there had been a mediation; that anywhere, particularly in places such as they were satisfied with the manner in which Callide. When competition for the health dollar the mediation had been conducted; that, as a is tough, it is disappointing to see the result of that mediation, the complainant had Commonwealth wasting money because it has withdrawn his complaint, which is not unusual its priorities wrong. I am disappointed that the in such circumstances; and that they were Commonwealth Government has not taking no further action. recognised all of those people who rely on I made no contact with the police on that public health services in rural Queensland. matter before or after. The next contact that was made to police by me or my staff was on the morning of the 16th, several days Minister for Public Works and Minister for ago—Tuesday—when the Courier-Mail article Housing appeared. We asked for a briefing note to say, Mr HORAN: I ask the Minister for Police "What's this all about?" because we had had and Corrective Services: did he or any of his no further contact up until that time. 18 May 2000 Questions Without Notice 1197

Policing, Bundamba and Ipswich Ipswich area for yet another beat. With the Mrs MILLER: I refer the Minister for Police construction of the new district headquarters at and Corrective Services to the fact that law Yamanto, the Juvenile Aid Bureau, which is and order was a major issue in the Bundamba currently located in North Ipswich, will move to by-election, and I ask: can he outline to the those new headquarters and we are looking at House any developments regarding policing ensuring a police presence in North Ipswich by issues in Bundamba and Ipswich? putting a beat into that area. That is being assessed by the service at this point. Mr BARTON: I thank the member for the question. The member for Bundamba certainly This continues the Beattie Government's made very strong representations to me about strong commitment to Police Beats and law and order issues on behalf of Bundamba shopfronts. We went to the last election with a residents when she was a candidate during commitment for providing an additional 10 the by-election, and I am pleased that those shopfronts and 10 beats. We already have an concerns that have been raised by residents additional 12 beats and 12 shopfronts in through the member have been largely place. We are putting beats into the Ipswich addressed. The member, of course, continues area, which I have mentioned; we are putting to take a very high profile role and important a shopfront into Deeragun for the time being role. She is a very strong voice for her until the new station is completed, and then it constituency. This was evident not only during will be transferred to the northern beaches as the by-election but also subsequently. She has a Police Beat. We already have two more a very measured approach to law and order in shopfronts well under way at Indooroopilly and Ipswich. Browns Plains, and they will be completed by the end of this month. We are doing Having such high calibre members something about policing. certainly makes the Government's job and my job as a Minister much easier when tackling crime problems in particular areas. That is why Sugar Industry I am pleased to announce that the Queensland Police Service has carried out an Mr ROWELL: I refer the Premier to the assessment of policing needs in the Ipswich fact that the sugar industry throughout the area and has decided to establish a Police State is reeling from the impact of adverse Beat in the Goodna or Redbank Plains area. weather conditions and historically low world Police are currently looking for a suitable prices. He would be aware that, during a crisis residence to put that into place. When that in the mid eighties, the State Government was residence is selected, it will be the prepared to contribute $40m to support and responsibility of the beat officer to patrol his or restructure the industry, and I ask: is his her area, meet with community groups and Government prepared to provide the same talk to residents about issues in the same level of assistance with the current crisis which, manner as the successful Police Beats that in many respects, is worse? are already operating. Mr BEATTIE: I thank the honourable I do know that occasionally we get the member for the question. It is actually nice to odd complaint; someone says, "Look, I went see someone from the National Party who is to the Police Beat and the officer was not really interested in something important, there." I have to say that that is good because instead of being in the gutter where they have Police Beats are not police stations. I do not spent all day. want them sitting in the Police Beat; I want In terms of the sugar industry, as I have them out around the beat, and that is what indicated on a previous occasion, I have they are doing. If they were sitting in the spoken to some constituents of the member residence, I would be complaining about the opposite—I think they were his—when I was in fact that they were not out and around the Townsville recently. A delegation of women beat. If people have urgent matters, then they came to see me about a number of matters. should still follow their normal course of action We are waiting for the industry to provide by dialling 000 if, in fact, it is an emergency or details of the package, as I understand it. contacting the local police station that is there When that package is forthcoming, obviously for that purpose. The beat officers are there to we will examine it. patrol the beat, provide advice and guidance The member knows—and I know that the to local residents, and to develop local crime National Party knows this as well because the strategies. member is trying to move away from the The Queensland Police Service is also responsibility of what his colleagues in carrying out an assessment in the North Canberra are trying to do—that the coalition at 1198 Evidence (Witness Anonymity) Amendment Bill 18 May 2000 a Federal level has gone through a number of EVIDENCE (WITNESS ANONYMITY) decisions involving the sugar industry which AMENDMENT BILL are not supported by growers. One of the Hon. M. J. FOLEY (Yeronga—ALP) things that was very clear to me during my (Attorney-General and Minister for Justice and meeting in Townsville—and the Parliamentary Minister for The Arts) (11.29 a.m.), by leave, Secretary Mike Reynolds was with me during without notice: I move— that meeting—when I met with growers, growers wives and a number of women who "That leave be granted to bring in a are growers in their own right was that they Bill for an Act to amend the Evidence Act were very unhappy with the approach taken by 1977, and for other purposes." the Federal Liberal Party and the Federal Motion agreed to. National Party in terms of the sugar industry. They were voters who no doubt had voted for the member opposite on many occasions but First Reading felt betrayed. They felt betrayed because they Bill and Explanatory Notes presented and were not getting the sort of support that they Bill, on motion of Mr Foley, read a first time. were entitled to or deserved. When I was in Washington recently, I met Second Reading with a number of people in the sugar industry and I took the opportunity to speak with the Hon. M. J. FOLEY (Yeronga—ALP) Under Secretary of Commerce. I put a very (Attorney-General and Minister for Justice and strong case for Queensland sugar maintaining Minister for The Arts) (11.30 a.m.): I move— access to the American market and its share "That the Bill be now read a second of the American market. As the member time." knows, exports of sugar are the key to the The principal objective of this Bill is to industry in many senses. Therefore, it was amend the Evidence Act 1977 to enable the important for us to argue, which we did giving and filing of witness anonymity strongly, for a maintenance of that market certificates in certain circumstances. The share. certificates can be given and filed where it is The member would also be aware that considered reasonably necessary to do so to Mexico is seeking access to the American protect a covert operative who is or who may market, and that will have some effect. That be required to give evidence that was obtained was to take place in the next couple of years, if when the covert operative was engaged in I recall correctly. When that happens and the activities for a controlled operation. The nature American market takes in some sugar from of controlled operations is such that, on Mexico, that will have an effect on the occasion, the life of the covert operative or his percentage of sugar which is taken from or her family is at risk if his or her actual identity Queensland—that is likely—or, at the very is ever disclosed. The potential for such best, there will be an impact on the amount of disclosure can arise when a covert operative is increase of sugar imports from overseas, from required to give evidence in court. Queensland. The fundamental right to a fair trial The real concern I have is this: we have a recognised at common law includes the right National/Liberal Party federally who are not in of an accused person to challenge his or her tune with the sugar industry. I advise the accusers. A successful challenge to his or her honourable member to actually get off his tail accusers by an accused person necessarily and talk to some of his friends federally, involves a witness disclosing his or her true particularly the Federal Leader of the National identity. The courts have had to consider Party, to make certain that they are sensitive whether or not this basic right can be qualified to his industry. The reason why he has been to enable a covert operative to give evidence betrayed in his area is that the National Party under an assumed name in certain has walked away. The National Party no longer circumstances, including a real threat to his or has any particular interest in the sugar her life or the lives of his or her family. industry. We will support that industry in the In Queensland the common law position way it should be supported. We will stand by was stated in the case of the Crown and the the sugar industry as the member comes in Stipendiary Magistrate at Southport Ex Parte here to make cheap points and he leaves it in Gibson 1993 Queensland Reports 687 the gutter. (Gibson's case). In that case, the Full Court Mr DEPUTY SPEAKER (Mr Fouras): held that a magistrate at committal for a drug Order! The time for questions has now expired. related matter had no power to make an order 18 May 2000 Primary Industries and Natural Resources Legislation Amendment Bill 1199 that a covert operative give evidence under witness lives. Leave cannot be given unless the assumed name used in the course of the the relevant entity is satisfied that— controlled operation. There have been calls for there is some evidence that, if believed, witness anonymity legislation in Queensland. would call into question the credibility of Mr Bill Carter, QC, who as Commissioner the witness; and Carter in the Operation Trident report called for it is in the interests of justice for the a statutory provision similar to that contained in relevant party to test the credibility of the section 13A of the New Zealand Evidence Act protected witness; and 1908 to prohibit the disclosure of the true it would be impractical to properly test the identity of covert operatives in certain cases. credibility of the witness without knowing More recently, the combined Queensland the actual identity of the witness. Crime Commission/Queensland Police Service The Bill specifically allows for the review by June 1999 Project Krystal report specifically the Chairperson of the Criminal Justice recommended the introduction of legislation Commission of the giving of certificates by the similar to that operating in New Zealand. This Commissioner of Police and the Crime Bill is broadly based on section 13A of the New Commissioner. It is intended that certificates Zealand Evidence Act 1908. given by the Criminal Justice Commission will The decision to give a certificate is final be audited by the Parliamentary Commissioner and conclusive and is not subject to appeal or when required to do so by the Parliamentary review, including review under the Judicial Criminal Justice Committee pursuant to the Review Act 1991. The term "covert operative" provisions of the Criminal Justice Act 1989. is defined to mean a police officer or another The Government is of the view that this person named as a covert operative in an Bill provides an appropriate balance between approval under section 178 of the Police the need to protect the identity of the covert Powers and Responsibilities Act 2000. Under operative in certain circumstances whilst at the the Bill, the witness anonymity certificate must same time ensuring that an accused's right to state the following in relation to the witness— confront his or her accusers is not unduly the name the witness used in the relevant prejudiced. Notwithstanding this, the Bill controlled operation; provides for a review of the operation of these for a stated period the witness was a new provisions within five years after their commencement. This will ensure, among other covert operative for a stated law things, that this intended balance has actually enforcement agency; been achieved. I commend the Bill to the that the witness has not been convicted House. of any offence, other than a stated Debate, on motion of Mr Springborg, offence; adjourned. if the witness is a police officer, whether the witness has been found guilty of PRIMARY INDUSTRIES AND NATURAL misconduct or a breach of discipline within RESOURCES LEGISLATION AMENDMENT the meaning of the Police Service BILL Administration Act 1990 or its Commonwealth or interstate counterpart Hon. H. PALASZCZUK (Inala—ALP) and, if so, details of the misconduct or (Minister for Primary Industries and Rural breach of discipline; Communities) (11.35 a.m.), by leave, without notice: I move— if to the knowledge of the person giving "That leave be granted to bring in a the certificate a judge or court has made Bill for an Act to abolish the Queensland any adverse comment on the credibility of Fisheries Management Authority, to the witness and, if so, what was said enable the conversion of the Timber about the witness. Research and Development Advisory The effect of filing the certificate is that Council into a non-statutory body, to the witness may give evidence in the relevant repeal the Primary Industries Corporation proceeding under the name that the witness Act 1992, and for other purposes." used in the relevant controlled operation. Motion agreed to. Further, no question may be asked of the witness that could lead to the disclosure of the actual identity of the witness or where the First Reading witness lives. Leave may be given to a party to Bill and Explanatory Notes presented and ask questions which, if answered, may disclose Bill, on motion of Mr Palaszczuk, read a first the witness' actual identity or where the time. 1200 Primary Industries and Natural Resources Legislation Amendment Bill 18 May 2000

Second Reading management agency, and that is what this Bill Hon. H. PALASZCZUK (Inala—ALP) delivers. (Minister for Primary Industries and Rural The new Queensland Fisheries Service Communities) (11.35 a.m.): I move— will provide enhanced service delivery by— "That the Bill be now read a second giving a greater degree of accountability time." to the Government for the management of the important fisheries resources of The objectives of this Bill are to implement Queensland; a restructuring of Queensland's fisheries management arrangements, to amend the enabling policy formulation, industry Forestry Act 1959 to facilitate the incorporation development and resource management of the Timber Industry Research and initiatives to be more directly related to the Development Advisory Council and to repeal Government policies; the Primary Industries Corporation Act 1992. I facilitating Commonwealth/State fisheries will deal with each of these in turn. management arrangements in a far more Restructuring of Fisheries Management efficient and effective way; and Arrangements delivering a higher level of certainty to On Monday, 20 March 2000, the industry, stakeholders and the community Government announced a restructuring of that the management and development Queensland fisheries management of the fisheries resources of Queensland arrangements. A new semi-autonomous will be undertaken within the overall Queensland Fisheries Service is to be formed requirements of Government policy. within the Primary Industries portfolio headed Incorporation of TRADAC by a Deputy Director-General who will answer This Bill will also amend the Forestry Act directly to the Minister for Primary Industries. 1959 to provide for the incorporation of the Essentially, the fishery management functions Timber Research and Development Advisory of two agencies, the Fisheries Business Group Council, or TRADAC as it is commonly called, of the Department of Primary Industries and as a non-statutory body, funded on a voluntary the Queensland Fisheries Management contribution basis by the timber industry. The Authority, will be combined into the one new organisation has requested legislation to allow Queensland Fisheries Service, which is to be this restructuring following the recent operational from 1 July 2000. This requires termination of the statutory "additional amendments to the Fisheries Act 1994, most stumpage charge" that used to fund TRADAC notably with regard to the abolition of the under the Forestry Act. This termination authority and the transfer of its powers, occurred based on legal grounds related to functions and employees to the Queensland concerns as to constitutional validity. Fisheries Service. I would stress that no-one in either the department or in the authority will The amendments in this Bill provide for lose their job and there will be no closure or the assets and liabilities of TRADAC to be run down of DPI fisheries facilities anywhere in transferred to a replacement non-statutory the State. We are restructuring fishery corporate entity, which will be a company management arrangements for one very incorporated under the Corporations Law and simple reason—there was too much confusion limited by guarantee. The replacement entity and overlap between the two previous fishery will be required to have objects consistent with agencies. the present statutory objects of TRADAC and industry participants will be eligible to become I commissioned a very respected senior members of the new body. officer of my department, Mr Peter Neville, to The organisation has responded positively undertake a review and report for me on this to the situation and I commend them for their problem. This review involved widespread initiative and planning which, I understand, is consultation both within Government, industry and the broader community. It confirmed that intended to result in a more broadly based there was a perception, and in many cases corporate structure with enhanced capacity to service the timber industry. strong evidence, that the management of fisheries within Queensland was fragmented, Repeal of the Primary Industries Corporation leading to duplication of activities and that Act 1992 there existed a real need for unified policy and The Primary Industries Corporation Act fisheries management within Queensland. The 1992 constitutes the Primary Industries inescapable conclusion was that Queensland Corporation, which currently is jointly needed a single, properly focused fishery administered by the chief executives of the 18 May 2000 Retail Shop Leases Amendment Bill 1201

Departments of Primary Industries and Natural (11.43 a.m.), by leave, without notice: I Resources. The corporation is empowered to move— enter into contracts on behalf of the State and "That leave be granted to bring in a exercises various functions and powers under Bill for an Act to amend the Retail Shop both the Forestry Act 1959 and the Water Leases Act 1994." Resources Act 1989 and under a number of other statutes in regard to water and forestry Motion agreed to. matters. Administration of the Primary Industries First Reading Corporation Act has been complicated by the Bill and Explanatory Notes presented and transfer of administrative responsibility for Bill, on motion of Mr Elder, read a first time. water resources and the Water Resources Act 1989 from the Department of Primary Industries (DPI) to the Department of Natural Second Reading Resources (DNR) in 1996, and the joint Hon. J. P. ELDER (Capalaba—ALP) administration of the Forestry Act 1959 by DPI (Deputy Premier and Minister for State and DNR. Development and Minister for Trade) DPI has been advised that the (11.43 a.m.): I move— introduction of the new Commonwealth tax "That the Bill be now read a second regime, namely the goods and services tax, or time." GST, will cause adverse consequences if the This Bill represents the outcome of an present arrangements relating to the corporation are retained. Specifically, it would extensive review of the Retail Shop Leases Act be necessary to compile separate asset 1994. The Act has provided significant registries within DPI and DNR in regard to the assistance to the retail industry since its corporation and to maintain separate accounts inception in 1984 and sets minimum standards relating to income received in the name of the for leasing and provides a low cost, speedy corporation, which would also need to be dispute resolution process targeted at registered prior to 30 June 2000 as a business providing assistance and protection to smaller to which the GST would apply. retailers in leasing relationships. These additional costs are not warranted. The Queensland Government is Accordingly, it is proposed to repeal the committed to creating a positive environment Primary Industries Corporation Act. This will for Queensland business. In particular, my necessitate consequential amendments not Government recognises the role of the retail only to the Forestry Act 1959 and the Water industry as a very important element of the Resources Act 1989 but also to a number of Queensland economy. This is highlighted by other Acts which refer to the corporation in its status as the largest employer in regard to either forestry or water matters. Queensland, employing 21% of all private sector employees and 31% of all young There are no adverse financial employed Queenslanders between 15 and 24 considerations arising from the proposed years of age. The retail industry is one of the repeal of the Act and the abolition of the largest in Queensland, with 32,100 businesses corporation. In the majority of cases, in 1996-97. This represents nearly one fifth of references to the corporation will either be all businesses in the State, with a substantial omitted or replaced by references to the State proportion located in the regions. of Queensland or to the "chief executive" of The Office of Small Business within my DPI or DNR, as the specific context requires in Department of State Development coordinated each case. a comprehensive review of the Act. To This Bill deserves the full support of this enhance this review process, I established an House. It is straightforward and should not be industry-based working group representing controversial. I commend the Bill to the House. both lessee and lessor interests to facilitate Debate, on motion of Mr Rowell, consolidated industry feedback on review adjourned. issues. The result of these efforts was the release of a policy review paper tabled by me in Parliament in September 1999 setting out RETAIL SHOP LEASES AMENDMENT BILL the Government's preferred position on Hon. J. P. ELDER (Capalaba—ALP) amendments to the Act. (Deputy Premier and Minister for State I wish to record my appreciation for the Development and Minister for Trade) outstanding contribution that the working 1202 Retail Shop Leases Amendment Bill 18 May 2000 group made to the development of the $50,000 are made. As the concept of legislative proposals contained in the Bill. The unconscionable conduct is relatively untested, working group was composed of key it is the intention of the Government to review stakeholder representatives from the Retailers the operation of these new provisions of the Association of Queensland, the Queensland Act after two years. Retail Traders and Shopkeepers Association, With the inclusion of matters of the Property Council of Australia, the unconscionable conduct, the tribunal will be Queensland Investment Corporation and two required to provide more extensive reasoning independent representatives. It is a measure for its decisions to ensure that all parties have of the cooperation and mature reflection access to the basis for the tribunal's fostered throughout the review that the determinations. The reasoning provided will working group was able to reach agreement need to be sufficient to enable the clear on all of the changes proposed to the identification of unconscionable conduct legislation. The legislation being proposed findings to ensure that extended appeal rights today is the result of this very extensive to the Supreme Court are specifically limited to consultation process. those areas of the determination. This Government has recognised that The Government recognises that it has a improving the effectiveness and efficiency of key role in reducing the negative impact of the legislation and reducing both the number disputes on the community and the economy. of disputes and the length of time required to Accordingly, this Bill will extend the disclosure resolve them will contribute to the requirements for parties entering into a lease, improvement of the overall business including at renewal. The Bill clearly identifies environment, particularly for small businesses. the parties to a lease and the disclosure Subsequently, there are direct benefits to the requirements for each. Queensland economy, particularly in terms of employment creation given the retail industry's Increasing the information available to position as the largest employer in the State. parties entering into a lease will help to minimise the potential for disputes by This Bill is in keeping with the managing the expectations of those parties. Government's overriding objective to nurture a Increasing the level of pre-lease information positive environment for Queensland business that must be exchanged serves to actively and industry and to provide clarity and address the threat of prosecution under the certainty for the retail industry. In line with the unconscionable conduct provisions based on Act's objective, it will promote efficiency and the lack of evidence of disclosure to a equity in the conduct of retail businesses in "weaker" party. This risk provides a clear and Queensland. compelling reason for those in a leasing The Bill extends the scope of the Act to relationship to disclose all relevant information include a prohibition on "unconscionable that directly assists the other party's decision- conduct". This will result in significant making processes. protection being extended to those parties The Bill will also improve the mandatory within a lease arrangement, particularly smaller disclosure provisions at the end of a lease by retail businesses, and enable the tribunal to requiring the lessor to advise the lessee, using hear matters relating to unconscionable a simple standardised form, whether renewal conduct. This will ensure that the services of the lease will be granted, and under what offered by the tribunal are far less costly and terms and conditions. This will significantly time consuming, compared with the alternative assist the sitting tenant in making future of bringing a case before the courts. business decisions. In conjunction with the inclusion of Unquestionably, there are instances of unconscionable conduct provisions in the Act businesses being set up, and leases entered and the tribunal's ability to consider them, the into, by people who have insufficient Bill extends existing appeal provisions to understanding of the full legal and financial provide for appeals to the Supreme Court by implications of their business venture.These way of re-hearing in relation to those parts of a amendments before the House include an tribunal determination that rely upon the information safeguard for those intending to proposed unconscionable conduct provisions. sign a new lease by requiring pre-lease Appeals on matters of law and/or fact will documentation to include the supply of legal be subject to the leave of the Supreme Court and financial certificates from certain lessees when a case is dismissed and for payment and assignees prior to entering into a lease. orders of $50,000 or less and as-of-right Professionals providing the potential appeals where payment orders of more than lessee or assignee with legal and financial 18 May 2000 Food Production (Safety) Bill 1203 advice will complete these certificates. retailers, will have substantial protection from Potential lessees with less than five retail unfair business practices and maintain its establishments nationally will be required to recognised position as the best of its type in have these certificates completed on their Australia. behalf by the relevant professionals. This This Bill will improve the effectiveness of provision will also apply to the renewal of a the Act and maintain the Government's lease by sitting tenants. The certificates are objective to promote an efficient and equitable limited to simple standardised details retail sector. The Bill is in keeping with the establishing that the prospective lessee or Government's overriding objective of ensuring assignee is aware of the general nature, that the Retail Shop Leases Act maintains its principal features and effects of the currency and relevance in this dynamic and documents to be executed, and the financial evolving sector. I commend the Bill to the and legal obligations which result. House. I would emphasise that the completion of Debate, on motion of Mr Healy, these certificates is not a magic wand. The adjourned. certificates in themselves do not eliminate the risks associated with entering into a business venture, nor will they give a guarantee of its FOOD PRODUCTION (SAFETY) BILL success. The intent of the Bill is to maximise Hon. H. PALASZCZUK (Inala—ALP) the information available to the incoming (Minister for Primary Industries and Rural lessee in deciding whether or not to enter into Communities) (11.54 a.m.), by leave, without the leasing arrangement. notice: I move— In addition to the major amendments "That leave be granted to bring in a which I have outlined, the Bill also includes a Bill for an Act to establish Safe Food number of amendments of a less substantive Production QLD and provide for food nature. Less substantive they may be, but safety matters relating to the production they are important changes and additions of primary produce, and for other which in totality will ensure that the Retail Shop purposes." Leases Act continues to be seen as providing best practice in retail tenancy legislation as Motion agreed to. was recognised by the Commonwealth fair trading inquiry in 1997. The less substantive First Reading amendments which this Bill addresses include— Bill and Explanatory Notes presented and Bill, on motion of Mr Palaszczuk, read a first ¥ provision for the scheduling of a directions time. hearing or tribunal hearing within 14 days of reference of a dispute; ¥ extending the tribunal's discovery and Second Reading inspection powers to the period prior to a Hon. H. PALASZCZUK (Inala—ALP) directions hearing, to further assist in (Minister for Primary Industries and Rural speedy and effective dispute resolution; Communities) (11.54 a.m.): I move— ¥ clarifying recovery of certain costs and "That the Bill be now read a second outgoings by lessors; time." ¥ clarification of liability for certain costs The Queensland Government is associated with the preparation of leases; committed to ensuring that Queensland food ¥ further clarification of rent review methods produced in this State is safe for consumption to reflect accepted industry practice; by Queensland people. Food safety is a major issue. The Australia New Zealand Food ¥ amendment of the Act to permit the Authority—ANZFA—recently estimated the recovery of GST on rent and outgoings by annual cost of food-borne illness to the lessor for remission to the Australian government, industry and consumers to be tax office; $2.1 billion per annum. ¥ amendments to clarify certain definitions Behind this figure lies the human story: such as "disclosure statement" and the death of a four-year-old Adelaide girl in "outgoings". 1995 and the hospitalisation of 17 others after These amendments of the Retail Shop eating contaminated salami. In 1997, a Leases Act before the House will ensure that 77Ðyear-old New South Wales man died from the retail industry, and in particular small hepatitis A, traced to raw oysters from the 1204 Food Production (Safety) Bill 18 May 2000

Wallis Lake area. In the same year, two elderly its responsibilities in line with an "all-of- Victorian men died from salmonella poisoning, Government" division of food safety traced to products at a Melbourne smallgoods responsibilities between the Primary Industries company. and Health portfolios. The Queensland Health With the introduction of this Bill, Department and local government will continue Queensland takes a major step towards the to cover the retail, restaurant and takeaway production of safe food. This is to be achieved sectors. The Health Department will also retain by paddock-to-plate implementation of all its responsibilities under the Food Act 1981, industry-based preventive programs to including surveillance and monitoring of food- minimise food safety risks. The Food borne illness and compulsory recalls. Production (Safety) Bill will establish a statutory The establishment of Safe Food will draw authority to be called Safe Food Production together the food safety regulatory functions Queensland, or Safe Food, under the Primary within the Primary Industries portfolio for meat, Industries portfolio. The core objectives will be seafood and dairy under the jurisdiction of a to ensure food safety in the primary food single regulatory agency with the core production sector. objective to ensure preventive food safety Originally the working title for the based on risk. It will also align to the principle organisation was the "Queensland Agrifood of preventive food safety based on risk Authority". However, this name did not through a quality assurance-type approach. adequately capture the fundamental principles underpinning the new agency. The name Safe The Australia New Zealand Food Authority Food Queensland is, I think, a better title. It is recently developed draft food safety standards similar to that of the equivalent agency in New to be implemented over a six-year period. The South Wales, where there has been good national food hygiene standards will require public and industry acceptance. The parallel preventive programs to be in place at all points names will convey to stakeholders the in the food supply chain where significant food similarities in coverage, functions and safety risks may arise. approach and will help to promote a close The standards will require all food working relationship between the two businesses with significant food safety risks to agencies. There are distinct advantages in establish food safety programs based on a risk moving towards the use of terminology that management methodology known as Hazard conveys a sense of national uniformity in Analysis and Critical Control Point. HACCP is relation to food safety. now international best practice in preventive The Honourable the Premier food safety regulation. Under HACCP, foreshadowed the establishment of this new Government's traditional inspectorial role will body in a press statement on 27 September increasingly change to one which focuses on 1999, which emphasised the importance of system approval, audit and accreditation. food safety to the consumers and producers of Government will need to ensure that food this State. This legislation delivers on that businesses establish adequate food safety commitment. programs and that compliance with these When fully established, Safe Food programs is effectively audited either by Production Queensland, or Safe Food, will be Government employed or contracted auditors, responsible for minimising food safety risks in or by accredited independent auditors. the production, processing, wholesale and I turn now to key features of the Food transport of food for human consumption. Production (Safety) Bill, which does not by Safe Food's area of responsibility will range itself impose any new regulatory requirements from the paddock or ocean to where products on industry. It provides a framework to develop enter either the manufacturing or the retail and implement co-regulatory preventive food sectors. It will also cover retail premises where safety regimes called food safety schemes raw meat is further processed, such as butcher under the Bill. Each food safety scheme will shops and supermarket meat departments. cover a particular primary produce, seafood Health's portfolio responsibility in the food industry or sector and it can only be introduced supply chain will then commence immediately as a regulation under the Act. Clause 39 sets after the Department of Primary Industries' out what a food safety scheme may contain. responsibility ceases. This means that this For example, a scheme may require food legislation will dovetail with the proposed businesses to provide standard information Model Food Bill now being considered by the and require food businesses to establish food Commonwealth and State Governments. It is safety programs based on HACCP or quality important to stress that Safe Food will exercise assurance schemes. 18 May 2000 Food Production (Safety) Bill 1205

Each food safety scheme will establish the Queensland framework for management arrangements for the auditing of these of food safety from source to consumer. schemes. Schemes will detail the auditing I turn now to the management of Safe requirements and the qualifications required Food and its accountability to Government and for those wishing to provide this service. Where to the community. Safe Food will be managed food safety risks warrant, they will provide for by a chief executive officer who will report the accreditation of people engaged in primary directly to the Minister for Primary Industries. production. These schemes will be based on Safe Food will be responsible for implementing scientific assessment of food safety risks and the various national food safety standards will be tailored to minimise those risks and developed over time via the Australia New comply with the requirements of national Zealand Food Authority and the Agriculture standards, in particular the ANZFA standard. and Resource Management Council of Because each food safety scheme will be Australia and New Zealand. It will also introduced by regulation, the standard implement other relevant food standards requirements of the Statutory Instruments Act developed by existing policy bodies, such as 1992 will apply. These include preparation of a Queensland Health, in conjunction with the regulatory impact statement which includes relevant industry. cost-benefit analysis of the scheme's It is intended that Safe Food will operate provisions and alternative options. These in close consultation with Queensland Health requirements will ensure that food safety and establish strong linkages through activities schemes are soundly based, effectively such as training local government officers to targeted and that they do not impose undertake audits of businesses, particularly in unnecessary costs on business. They remote and regional areas. This will assist in guarantee transparency and will maximise the maintaining employment and business in opportunity to develop a partnership between regional centres. Safe Food will initially absorb the authority, food industries and consumers in the food safety functions of the Queensland the development of food safety schemes. Livestock and Meat Authority and, at the I stated earlier that effective partnership is appropriate time, the food safety functions of the key to success of this initiative. In the Queensland Dairy Authority. Seafood will particular, the food safety schemes will rely on also come under its jurisdiction in the near a close working relationship between Safe future. Food and industry. Several features of the Bill In situations where there is a mixture of provide a sound basis for partnership with auditing and end point inspection in the one industry, consumers and recognised technical shop, such as butcher shops, it is planned that and scientific experts. a single food audit will be performed. This will Firstly, each food safety scheme must include one auditor providing separate audit establish a structure for continuing consultation reports to Safe Food, Queensland Health and with the relevant industry sectors on the the relevant local government, as the case operation of the scheme and any changes to may be. This will allow greater efficiencies for it. Secondly, to assist in that process, a Food Government regulators and business alike, Safety Advisory Committee will be established. and it will cut red tape. There are provisions to This committee will have representatives from allow for independent auditors from private each industry that operates under a food sector firms with appropriate expertise in safety scheme along with a representative auditing food safety systems to offer their from the Departments of Primary Industries services in this area. This will establish a and Health. Provisions have also been made competitive presence and will help to contain for the appointment of people with appropriate audit costs. expertise in areas such as food technology, To do its job properly, Safe Food will need human nutrition, environmental or public appropriate powers, especially as this Bill health, microbiology or epidemiology. Thirdly, impacts on public health and safety and deals the Bill allows the Minister to appoint with multiple food commodities. The Bill subcommittees with technical and industry contains search and seizure provisions and expertise to assist the members of the offences and penalties modelled on those in advisory committee. the current Dairy Industry Act and Meat With this partnership approach, Safe Industry Act. It draws extensively upon the Food will take food safety management back enforcement provisions in the model food to the farm and fishing vessel and will include provisions now being considered. Essentially, it scrutiny of activities such as feed supply. In so will be an offence to produce unsafe food and doing, Safe Food will form an integral part of the penalties and sanctions of the Bill have 1206 First Home Owner Grant Bill 18 May 2000 been structured to provide a significant arrangements agreed to with the Federal incentive for compliance. Given the need to Government. The payment of the grant to first maintain public confidence in the food supply home owners is not means tested and there is chain and the importance that food production no upper limit on the value of the property to industries play in the Queensland economy, be acquired. The eligibility criteria for the grant these powers are essential and justified. will disqualify any applicant whose spouse or This Bill delivers on a Beattie Government co-applicant has previously received an earlier grant anywhere in Australia or has held a commitment to implement a system that relevant interest in residential property, guarantees safe food production in the including an investment property, prior to 1 interests of consumers of our primary produce July 2000. Another eligibility requirement in this State and in interstate and overseas provides that all applicants must occupy the markets. Food safety and consumer home to which the grant relates as their confidence are fundamental to market access principal place of residence within a 12-month and trade success. I commend the Bill to the period. The Opposition supports both of those House. criteria. Only one grant is payable for the same Debate, on motion of Mr Rowell, eligible transaction. This means that, where adjourned. two or more persons jointly purchase or build their first home, only one amount of $7,000 will be paid. That is another criterion supported by FIRST HOME OWNER GRANT BILL the Opposition. However, there are a number of issues associated with this scheme and the Second Reading proposed legislation before us that I wish to Resumed from 12 April (see p. 769). comment on further. Dr WATSON (Moggill—LP) (Leader of the Firstly, given the calls of the building Liberal Party) (12.06 p.m.): I rise to speak to industry for Government assistance to the First Home Owner Grant Bill 2000. At the overcome any post-GST implementation outset, I should say that the Opposition will be slowdown in the construction sector, why has supporting the Bill. this Government failed to assist eligible Queenslanders with details of the scheme? Mr Hamill: I am really surprised at that! What has the State Government done to Dr WATSON: As the Treasurer said, he is reduce the effort required for a person to apply somewhat surprised, but we on this side are for a grant by working with a range of financial extremely generous to the Treasurer. institutions and associated financial providers to allow potential applicants to apply for the The first home owners grant scheme is an grant through their financial institution at the initiative of the Howard Federal Government as time they seek finance? part of its historic changes to the overall Australian taxation system. This scheme is Why has the State failed to advertise this designed to provide a grant to help people scheme to encourage first home buyers to purchase or build their first home. This is a apply for assistance under this scheme? I can worthwhile initiative supported by those of us inform this House that the Minister for Housing on this side of the House. in Western Australia has been actively promoting this scheme since at least March The grant provided will not be a loan and this year. It is not as if the Beattie Government will not need to be repaid. The grant will is media shy. The only reason for the failure of compensate first home owners for price the Beattie Government to adequately increases associated with the introduction of promote and implement the scheme is its the goods and services tax on 1 July this year. opposition to tax reform in Australia and any Of course, along with the goods and services benefits to Queenslanders that flow from it. tax comes a significant revamping of Premier Beattie and his group of Australia's taxation system—one which makes incompetents do not care about first home it more internationally competitive. buyers and builders or the creation and To be eligible for the scheme, applicants maintenance of jobs within the construction need to enter a contract to purchase an sector. Why else would this Government sit on established home or a contract to build a new its hands? This is simply another example—an home on or after 1 July 2000. It should be ever-growing list—of the Beattie Government noted that this scheme is not a Queensland- putting politics ahead of the interests of only initiative, as all State and Territory Queenslanders. This from a Premier who Governments are providing the grant under repeatedly claims that he does not play politics 18 May 2000 First Home Owner Grant Bill 1207 with important issues. For this, the Premier, the law versus the protection of taxpayers in the Treasurer and the Government are guilty. unlikely event that there is a loss of money? One clause in this Bill that is of particular The Minister for Fair Trading develops that concern to members on this side of the House theme in her speech; that is, very rarely do is clause 49, which gives the Government the consumers end up not paying the builder. In right to place a registered charge or caveat other words, it is a very low risk situation. That over an applicant's interest in the land. Clause was part of the justification for denying builders 85 of the Domestic Building Contracts Act the right to put a caveat on the land in a 2000, which was passed in this House at its domestic building contract. last sitting, specifically removed the right to So, with domestic building contracts, even place a caveat over land by a builder in a though the Government has suggested there dispute over the payment of moneys. It was a is a very low probability that the builder will not right that was rarely used by builders. get paid—and I suspect even a lower Nonetheless, it was a very important tool for probability if there is a problem that the builders to ensure rightful, prompt payment. Government would not get repaid—it has However, the Office of State Revenue in chosen to keep its right to a caveat but has this Bill through clause 49 maintains the right failed to provide the same opportunity for to place a registered charge or a caveat over those in the small business who drive the an applicant's interest in the land. Therefore, it economy of this State. appears that the Government believes it is This legislation will have a significant and reasonable for the State to retain the right to ongoing impact on ensuring that home place a caveat over an applicant's interest in affordability and ownership for first home the land under the scheme but not for a small buyers is maintained and/or increased for the businessperson in Queensland. It is simply people of Queensland. Therefore, the one more example of the Beattie Government legislation deserves the best efforts of this believing it is better than the average citizen Government for its promotion and accessibility and more deserving of greater rights than to eligible Queenslanders. If this Government those conferred on average Queenslanders was, as it claims to be, above politics and a working hard for a living in the building Government for all Queenslanders, we would industry. What hypocrisy! have a Minister for Housing and a Treasurer I want to refer briefly to what the Minister fighting to claim credit for the scheme. Instead, for Fair Trading said in her speech on the we have a Minister for Housing who has been Domestic Building Contracts Bill. In introducing fighting fellow Labor members at Labour Day clause 85, she stated— functions and a Treasurer who is more interested in making millionaires of his Labor "In future, builders will still have the mates. right to introduce or lodge a caveat over a developer, but we do not agree—and this Mr Hamill: Where did that come from? is the principal point of difference between Dr WATSON: I just thought I would throw us"— it in. that is, the Opposition and the Government— Mr Hamill: Another irrelevancy. "that builders or developers Bill should Dr WATSON: Since November last year have a right to lodge a caveat over a there has been some more information on resident owner. We are making the what the benefits might have been from a distinction between the resident owner— certain licence arrangement. the consumer—and developers, and that Mr DEPUTY SPEAKER (Mr Reeves): is the essential point of difference here. Order! I remind the member for Moggill to get We believe that it is right." to the relevant provisions of the Bill. Further on, when referring to builders being Dr WATSON: I am about to finish, Mr able to lodge a caveat if owed money, the Deputy Speaker, but I could not help Minister stated— responding in a friendly manner to the "That is an unfair situation for Treasurer's untimely interjection. consumers, and consumers have no right Mr DEPUTY SPEAKER: Order! If the to object to it. This is good consumer law." member is going to conclude, I suggest that From what I understood, I thought the he do so. Treasurer was interested in taxpayers and the Dr WATSON: In conclusion, this scheme protection of taxpayers' money. That is why I will assist not only first home owners but also ask: what was the trade-off for good consumer the building industry and those who participate 1208 First Home Owner Grant Bill 18 May 2000 in it. As I said at the beginning of my remarks, position if a home is purchased, say, from a the Opposition will support this Bill. relative at less than its market value. Mr LAMING (Mooloolah—LP) Although I understand there are uniform (12.17 p.m.): I was reading a book from the arrangements throughout the States, the Parliamentary Library last night after the House States' approaches and interpretations are not rose— identical, and I will come back to that. The Mr Hamill: You skite! grant is not means tested, which seems to concern Government members, and there is Mr LAMING: Yes, I can read. I learnt that no upper limit on the value of the property. I there are now more Australians in the 25 to 35 think the Treasurer referred to the scheme as year age group renting than buying homes. being iniquitous. I do not agree. The GST will That is a relatively new phenomenon. I am affect all home owners, and the grant is sure there are social as well as economic worked out based on the average cost of a reasons for this. However, home ownership, home. Therefore, the buyer of an expensive particularly when starting a family, remains one home receives less than the impact of the of the most important and sought after GST and the buyer of a less expensive home situations for most Australians. The purchase receives more than the impact of the GST. of a home has been and will remain the most How can this be described as iniquitous? The important single social and economic decision Federal Government has recognised an a person or a couple will make, bearing in impact of the new tax system and has mind that career changes and business addressed it. If the Treasurer feels it to be opportunities these days are not restricted to a iniquitous, it is incumbent on him to outline single decision. that convincingly. I am sure most honourable members can remember, as I can, the joy and satisfaction of It is important to note that the starting their first home purchase. The First Home date for the scheme is 1 July, which is only 43 Owner Grant Scheme, which is the purpose of days away. It is incredibly important that the this legislation, is an initiative of the Howard scheme and the details of it are advertised Government as a part of the Federal coalition's widely. The Government is well aware that, if a new tax system. Members opposite take binding contract is entered into prior to 1 July, shallow delight in slamming the GST provisions for instance, in the next 42 days, the owner may well incur the GST and not be eligible for of the new tax system, while doing their utmost the grant. Surely the interests of first home to hide the many benefits of the greatest owners are not being risked in some revision of the tax system in Australia's history. misguided political aim to blame the GST for Their response is that of "tax reform vandals". people's potential misfortunes. I note from the Speaker's list that there are no other Government speakers besides It is not only first home owners who risk the Treasurer. When this Bill was introduced, disadvantage if the First Home Owner Grant only one backbencher received media cover Scheme is not promoted. A lot of concern has for this most important initiative. been expressed by the building industry that there could be a lull in the industry following The Federal Government has been the pre-GST housing rush. It is clear that the careful to identify those in the community who Government believes that this will occur, may be disadvantaged in the reform and judging by the comments from the Minister for considerate in its response to those concerns. Housing in the Courier-Mail recently. One So it is that first home owners have been article states— identified as requiring such assistance. The First Home Owner Grant recognises that it is "Mr Schwarten yesterday revealed anticipated that there will be an extra $7,000 plans to delay the start of 200 public on the cost of an average $150,000 home housing projects for at least three months and provides a grant up to this amount to all to provide work for the building industry, eligible applicants. As advised by the Leader which fears a construction drought after of the Liberal Party, the scheme is fully the introduction of the GST ..." supported by those on this side of the House. He was further reported as stating— The eligibility criteria for the grant—and it is a grant and not a loan—is fairly well "No-one's going to gain anything by documented, but I seek a point of clarification having every small builder in Queensland from the Treasurer. In his second-reading out of work after July ..." speech, he stated that the grant will not be If the Minister for Public Housing were fair payable where the home is a gift or a bequest. dinkum about the interests of first home He might like to clarify in his summing-up the owners and the welfare of the building 18 May 2000 First Home Owner Grant Bill 1209 industry, he would have been promoting the has decreased, as the last Speaker said, over scheme weeks ago. I even gave this past years to the point at which the level of Government a kindly reminder call in the new home ownership in this State is below the House a month ago. The fact that no national average. Of course, there are many promotion occurred even after the Bill was reasons for this, the most obvious being introduced indicates to first home owners and unemployment, coupled with the fact that the the building industry that this Government is employment held by those lucky enough to not fair dinkum. have jobs is very precarious. For example, in As I said a month ago, the housing today's society employment can be part time, department in Western Australia has been permanent part time, casual and so on. Banks promoting the scheme enthusiastically since are not prepared to lend the amounts they the end of March. I table a copy of a full-page used to if the applicant does not have a ad that is indicative of the type of advertising permanent job. Unfortunately, that has being run in Western Australia—and there are impacted significantly on the levels of new also coloured brochures—to ensure that all home ownership and home ownership in potential first home owners are aware of the general. scheme. Employment is not as secure as it used to The Treasurer would also be aware of be, with small businesses closing down. More approaches by the Housing Industry and more we are seeing that this is the result Association to allow the payment of the First of destructive economic rationalist policies, Home Owner Grant at the first progress such as NCP—the National Competition payment rather than at completion. I am Policy—deregulation and privatisation. Let us aware that the Federal requirement is that the not forget that prior to all of this, back in 1972, grant be paid no later than upon completion, this country enjoyed full employment. but the States can make this payment earlier if The pending GST and the resulting they decide that they want to help the building increase in the price of homes by 10% will industry at a time when they believe it will be push families even harder, forcing them to experiencing a considerable lull in building stretch their small dollar—which is falling even activity. Such a move, implemented and lower in value on the money markets—further promoted properly through lending institutions, in an attempt to own their own home. If a first would facilitate the grant being taken into home buyer purchases an established home account in the mortgage, thus saving interest for, say, $150,000 after 1 July 2000, that charges over the life of the loan. Is any other person will be charged 10% GST, making the State doing this? Yes! After a similar request actual cost of the home $165,000. The usual by the HIA, the South Australian Government stamp duty will still apply on mortgages and is providing the grant at the first progress house purchases, but the extent to which it will payment, as long as the application is apply has still not been determined. Stamp submitted to an authorised financial institution duties payable may actually rise because of for processing. I am aware of a concern that the increased price of the home and the such a move might increase the risk to the mortgage amount. Government. I table a letter from Revenue The Office of State Revenue, to which we South Australia that states that such an have spoken, is still yet to issue a policy as to initiative will not significantly increase the risk whether stamp duty will be calculated on pre- with proper procedures in place. GST or post GST prices of a house. It is The Opposition supports this legislation. I concerning that there is still no policy, given am not convinced that the Government really that this scheme is to commence, as the does. If it did, it would be promoting its obvious previous member said, in less than 42 days' benefits to potential first home owners and time. Nevertheless, to partly offset this builders. increase the First Home Owner Grant Scheme, Mr FELDMAN (Caboolture—CCAQ) as a condition of States and Territories (12.25 p.m.): The City Country Alliance will be receiving GST revenue, has been established supporting the First Home Owner Grant Bill to assist the affordability for persons building or 2000 to introduce the First Home Owner Grant buying their first home. Scheme in Queensland. Unfortunately, the To encourage and to help home GST will have a negative impact on home ownership, those eligible for assistance will ownership. More and more families will be, and receive a lump sum payment of $7,000 are, finding themselves unable to afford the through the scheme. Indeed, this lump sum dream of owning their own home. The will certainly assist those seeking to purchase percentage of Queenslanders buying homes their first home. However, my concern is that, 1210 First Home Owner Grant Bill 18 May 2000 because of the GST, those families eager to to yet again pay another financial burden— own their own home will be forced to stretch another 10% GST on their second home. their dollar further than perhaps they had As I have said, the City Country Alliance contemplated and perhaps further than they will be supporting this Bill, because any needed to. They will probably have to borrow attempt to assist battlers and to help those extra money from the bank to cover and people in need to get into their first home is balance the GST burden. In addition to the essential in this country at this time. Previous principal amount being borrowed, they will speakers have highlighted the necessity to probably have to borrow several thousand push that in order to boost some parts of our dollars extra, resulting in increased loan building industry, which even now is feeling the repayments for the duration of the loan. Many effect of the GST. Many people in my area are Queensland families, including many of the rushing to build homes before the GST comes families I know and work with in Caboolture, will in because of that price hike. I think that this is struggle to meet these increased financial one scheme that will be beneficial to the State, commitments. to industry, and to the battlers and the people Owning a home is a hope and a dream who need it most. that also brings with it the responsibility, the Hon. D. J. HAMILL (Ipswich—ALP) worry and the heartache over stretched (Treasurer) (12.32 p.m.), in reply: I thank financial commitments, the loan repayments honourable members for their contributions to affected by increased interest rates and finding this debate. As honourable members have the money to pay the council rates, the repairs commented and as I made clear in my or the maintenance that always comes along. second-reading speech, this measure is one We know that maintenance is always a which flows from the intergovernmental problem, especially when we are buying agreement entered into by the States and established homes that were perhaps in need Territories and the Commonwealth. Whilst I of a little repair along the way. We generally have criticised the structure of the scheme and find that out long after we actually purchase described it as inequitable, I nevertheless those homes. recognise that it will provide some support to Battlers tend to extend themselves, and it an industry that is going to be facing and is would be a shame to see someone suffer already starting to face very difficult times because of the mere fact that they had indeed. defaulted on a loan after they had extended themselves to the stage where they did that. It was recognised that the goods and services tax would have the consequence of But in reality, this will probably be more drawing forward an amount of building and frequent post GST because families will be construction activity into this year. That was forced to extend themselves if they intend to activity which would otherwise have occurred in pursue that great Australian dream of the next fiscal year. The consequence of that purchasing and buying their own home. The is that the outlook for housing and construction City Country Alliance is concerned about the for 2000-01 is very gloomy indeed. I made that wellbeing of the citizens of this country, and point in response to a question in the House too many destructive economic policies over the other day. It was a point which has been the years have led to the mess that this country is now in. The GST is yet another conceded in the Federal Budget and by the destructive policy which will cause families to Federal Treasurer. I only hope that this struggle even more and which will widen the measure being put in place effective from 1 gap even further between the rich and the July will ameliorate some of the economic poor. dislocation that we are facing in the housing and construction industry in this State. The First Home Owner Grant Bill 2000 is definitely necessary legislation to help address Motion agreed to. the burden of the GST and the effect that it will have on families purchasing their first home. It Committee would be commendable if the grant was extended to support families who buy a Hon. D. J. HAMILL (Ipswich—ALP) second home as a result of having to sell their (Treasurer) in charge of the Bill. first. Circumstances change all the time. Clauses 1 to 48, as read, agreed to. Moves due to employment—even more so now—education or health are common in very Clause 49— many families. It would be an extremely hard Dr WATSON (12.35 p.m.): The issue that blow to a family moving home after five years I wish to raise with respect to clause 49 is the because of a change of employment to have issue that I raised during the debate at the 18 May 2000 Queensland Competition Authority Amendment Bill 1211 second-reading stage. As I said previously, I some merit in the point of view that is being noted in the Domestic Building Contracts Bill expressed by the Leader of the Liberal Party, that builders were denied the right to caveat. If nevertheless we have sought—quite properly, I honourable members look at the second- think—to put in place a uniform scheme across reading speech and the comments of the the country. There is only a variation as to the Minister for Fair Trading during the Committee very fine detail because of definitional drafting stage of that Bill, they will see that she requirements in individual jurisdictions. But this commented in some detail about why the clause is, in fact, a common clause. Government had adopted a policy to deny Clause 49, as read, agreed to. builders that right. She was particularly concerned about its negative impact upon Clauses 50 to 71 and Schedule, as read, consumers. agreed to. Bill reported, without amendment. The question that I ask of the Treasurer is basically this: why has the Government now adopted the policy that it is good consumer Third Reading law to allow the Government that caveat—if I Bill, on motion of Mr Hamill, by leave, read am to believe what the Minister for Fair Trading a third time. said—in the very few cases when this occurs? Consumers cannot run away from their liabilities because they cannot run away from QUEENSLAND COMPETITION AUTHORITY their residential property. Why has the AMENDMENT BILL Treasurer decided to adopt this particular Second Reading course? Resumed from 13 April (see p. 893). Mr HAMILL: In response to the honourable member—this is simply to do with Dr WATSON (Moggill—LP) (Leader of the the fact that the $7,000 which is being Liberal Party) (12.40 p.m.): I rise to participate provided as the maximum grant under the in debate on the Queensland Competition scheme is just that: it is a grant of public Authority Amendment Bill. This Bill refines the moneys. This provision allows for the recovery process which was started in 1995 at the of the moneys in only one particular COAG meeting. Queensland was represented circumstance, and that is, of course, if a grant at that meeting by the Goss Government. That of those moneys had been made wrongly. agreement, which was signed by heads of all That perhaps would be a circumstance in State jurisdictions—all Premiers—led to the which the applicant had not provided the full National Competition Policy Bill when we came details or perhaps fraudulently set out claims in to Government. Further to that was the the application form to obtain eligibility that introduction of what was then termed the they would not otherwise be entitled to. This is Queensland Competition Authority Bill in 1997 simply a provision which enables the recovery which, at that time, was introduced by the then of public funds. It is quite distinct from the Treasurer, the member for Caloundra, who is circumstances relating to consumer law where in the Chamber now. That Bill was passed in parties have to manage commercial risk this House with the support of the then Labor involving other transactions. Opposition. That legislation established the Queensland Competition Authority. Dr WATSON: I understand that reason. The Queensland Competition Authority The thing that I found interesting in regard to was established because, without establishing the Domestic Building Contracts Bill was that a Queensland Competition Authority to the Minister for Fair Trading argued that this is regulate certain activities, Queensland would a relatively rare circumstance. The Treasurer is have been subject to Federal regulation in the saying that it may not be a rare circumstance Federal jurisdiction. It was thought to be in the that the Government might actually give the interests of Queensland to establish the grant incorrectly. I am just wondering why this Queensland Competition Authority. That is necessary when I would have thought that authority was charged with three other avenues were available to the responsibilities. Firstly, it was designed to Government to recoup the grant. undertake prices oversight of monopoly or Mr HAMILL: Further in response to the near monopoly Government business honourable member—this is a provision which activities. It had a prices oversight role. is actually consistent with the legislation that Secondly, it was to provide a complaints has been put in place across the whole mechanism for alleged breaches by country. It is a standard framework for the Government business activities of the principle operation of the scheme. Whilst there may be of competitive neutrality. If there is to be a 1212 Queensland Competition Authority Amendment Bill 18 May 2000 competitive environment and Government The second objective of this Bill is to businesses may be seen to have a establish an independent prices oversight competitive advantage because they have regime for private water suppliers. This is also been part of the business, it is important to consistent with its general requirement to have a body that can oversight complaints as make sure that Government business activities to the abuse of monopoly power by or those which essentially have monopoly or Government business activities. Thirdly, it was near monopoly situations such as private water to administer a State-based third-party access suppliers are subject to an oversight regime regime for services provided by certain with respect to their prices. Obviously in a essential infrastructure. competitive market it is competition which The emphasis on prices oversight, third- keeps prices under control. In a non- party access and competitive neutrality competitive market—a monopoly situation, provided by the Queensland Competition which is what most water supply is; once the Authority has resulted in substantial economic pipes are in, it represents a natural monopoly gains for the State. In particular, the role of and it is very difficult for anyone else to prices oversight and third-party access has replicate that infrastructure—it is important to provided a more competitive economy in have an oversight regime to make sure the Queensland and in the future will continue to consumer is getting some benefit or is not lead to lower prices and lower input costs for being taken advantage of because of the the benefit of consumers and industry alike. monopoly situation. The third objective of this This increased competitiveness has facilitated Bill relates to some miscellaneous investment in Queensland. Having a amendments which mainly relate to the State's competitive environment encourages third-party access regime. However, there is investment, which is what encourages job one significant amendment to the area of growth, job creation and sustainability of those competitive neutrality. jobs in the long term. It is important to There are significant social and understand that a competitive economy—one community benefits in having the Queensland that produces growth, one that produces Competition Authority regime. We believe investment, one that produces jobs—is independent prices oversight is critical for the important to raise the living standards of protection of consumers and users against the Queenslanders over time. exercise of monopoly power by Government The objectives of this Bill are threefold. business enterprises. Consideration of third- The first objective of this Bill extends to local party access issues is also critical, given that government the application of the State's access prices often constitute a significant monopoly prices oversight regime and third- proportion of input costs which ultimately feed party access. When the National Competition into the charging structures. When there is Authority Bill was introduced by the previous essentially monopoly infrastructure, the ability Government, it was indicated at the time that it to control access through the control of prices would be extended to significant local is particularly important. Recently we have government business activities but not heard this argument at the Federal level in extended to those activities until sufficient relation to Telstra. The ACCC has recently negotiation and consultation had taken place compelled Telstra to lower its access charges with local government. That consultation took by something like 30%. place and was completed towards the end of The establishment of a State-based the coalition's term in Government. regime allows for not only prices oversight and The current Government supported that third-party action; it also allows the delivery of position and has restated its support for that CSOs to be appropriately considered and position. That extension through this Bill incorporated at the State level. Without a follows that extensive consultation with and State-based regime, the Commonwealth agreement from local government. In some regime would prevail. The risk with that is that respects, there was no option. If local the interests of Queenslanders could be government did not go to a State-based subordinated to other interests. That was one regime, then they would have been subjected of the driving forces behind the coalition to the Federal Government's regime in any Government's decision to ensure the setting case. They could not have escaped from up of a Queensland-based mechanism and it oversight. The question they had to face was was the rationale behind the Queensland whether or not local government business Competition Authority. undertakings wanted to come under a State- If the Commonwealth regime had applied, based oversight regime or a Commonwealth- the State Government would have virtually no based oversight regime. influence over the implementation of the 18 May 2000 Queensland Competition Authority Amendment Bill 1213 policies. I do not think it could even guarantee run into with competitive neutrality. They may the continued delivery of CSOs. That may well be mutually exclusive, but I am not sure they be done via another mechanism— are exhaustive. As I indicated previously, we Mr Hamill: It may not be very acceptable. will be supporting the Bill. Dr WATSON: It might be a more Mr FELDMAN (Caboolture—CCAQ) complicated mechanism. As the Treasurer has (12.54 p.m.): Far be it from me to pass up the said, it may not even be an acceptable chance given to me by this debate to slam the mechanism, either politically or socially. guts out of National Competition Policy. I understand the objectives of this Bill. The I think increased competitiveness has policy objectives are to extend the application enhanced the Government's capacity to of the State's monopoly prices oversight deliver CSOs to Government businesses and regime and third-party access regime to local has assisted the Government in delivering its government; to establish an independent social objectives. After all, one of the reasons prices oversight regime for private water Governments are elected is to ensure that suppliers; and to make miscellaneous social objectives are delivered. There may be amendments, mainly to the State's third-party differences between the Government and the access regime. coalition in terms of what are thought to be social objectives. The important thing is that I heard what the previous speaker said, there is an expectation that Governments can but I sit here and wonder at what price we are deliver on their social objectives. selling off our public utilities. I have here a thick document from the Productivity Commission I do not think there is any doubt that the on the impact of competition policy reforms on benefits outweigh the extra costs associated rural and regional Australia. Electricity is with the establishment of the Queensland another utility that I believe this Government is Competition Authority and its recurrent costs. I in the process of selling off to private have not seen a cost-benefit analysis from the enterprise. I look with horror at what is Treasurer but, given the arguments I have put happening to the electricity industry in New forward, I think it would be in favour of the South Wales and Victoria. I really pray that this continuation of the QCA and would favour the Government does not go down the same path extension of the QCA's oversight into the and let National Competition Policy impact on areas covered by this Bill. a public utility such as electricity to the extent it One other issue I mention now and will has down there. A horror story from this report explore during the Committee stage relates to is as follows— clause 19 of the Bill, which amends section 38 "Most significantly, the LaTrobe Shire in the Act, which deals with the principle of Council said that, as a direct result of competitive neutrality. The definition in the Act electricity reform, its region had lost is broad. The proposed change significantly between 6,000 and 8,000 jobs, narrows the coverage of section 38. I equivalent to 10 per cent of the Shire's understand the narrowing in the amendment total population." Bill. That is an absolute horror story of selling off The three areas included in the public utilities. When that sell-off is done, we amendment were the three areas given to me then have to establish a committee that sits in a briefing note as an example of the kinds over the top and tries to assess how much of things we would look at. At the time, the Bill damage it can control as a result of National was drafted a bit more broadly. I am not sure Competition Policy and monopoly abuse, that the three areas specified in the which is what occurs after these utilities have amendment are the only three areas in which been taken over. Suddenly there are price there may be a problem with competitive discrepancies and there is price manipulation neutrality principles. There are probably other right across-the-board. It is something that I areas in which Government business believe we have been forced to have because enterprises can have a competitive advantage, of National Competition Policy. The City simply because they are part of the Country Alliance recognises that we really do Government. We can explore those a bit have to support this Bill. There need to be further during the Committee stage. If I recall some controls to rein in National Competition my own briefings from Treasury— Policy, which is running rampant. Mr Hamill: These are the key elements. We see that it is not only electricity going Dr WATSON: They were the key down that path. Water is also going down that elements, but I am not quite sure they are path. We will be reliant on private providers for exhaustive in terms of the problems we may water and I am afraid we will have parts of our 1214 Queensland Competition Authority Amendment Bill 18 May 2000 anatomy in a vice-like grip. We might have to losses were 27 in Tumut and 34 in Cooma. pay exorbitant amounts for water in future. I The Glenelg Shire Council—Portland— think it is very poor acceptance of National reported that the closure of Powercor's service Competition Policy standards. It is unfortunate centre had reduced employment in the region that this State has to go down this path and is by 200. The South Grampians Shire Council— forced into this sort of oversight regime Hamilton—said that the shire had lost 72 because of the potential for monopoly abuse. electricity jobs since 1991. That is just a The major component of this Bill seeks to sample of what happens when public utilities provide accountability in the provision by the are privatised. private sector of what are basically our I will not be telling the honourable essential services—services that each and member for Bulimba anything new because I every one of us in this State used to own and know that he has employment at heart and we be proud of and have some say in with regard all heard him share his experiences last night to administration. The intent of this legislation when we were debating the National is honourable, but these measures should not Competition Policy. The multinational have been necessary because essential companies around the world must be laughing services should never, ever have been when they see such a rich country as Australia privatised in the first place. giving away its public utilities such as water and power. We are going to give them away. Mr Purcell: Hear, hear! Water is absolutely critical to our survival. Mr FELDMAN: I heard John Thompson We are going to give it away and let someone on the radio slamming what was going to else sell it back to us. When I was a kid I used happen with the electricity industry. I know to go to the movies. The cowboy movies were what is going to happen, as does the member all about water. I watched them killing each for Bulimba. He knows what will happen to other about water and water rights. Here we those workers, as I do. It is the battlers who will are giving it away. Even though I believe it is get it in the neck again. It is just not right. We suicide to do so, we are heading down the are getting rid of things we should never, ever same path. We have to bring in legislation get rid of. That is the shame of National such as this to try to control the multinational Competition Policy. Earlier I spoke on the First predators. We are going to let the predators Home Owner Grant Bill. A lot of good that will monopolise these things and then sell them do for workers who are going down the chute! back to us. They will not have the capacity to access it or provide for it. I remember Productivity Commissioner Judith Sloan claiming that the economic Water is another example of a utility that decline in Queensland should not be blamed should not be privatised. If it is, we will be on National Competition Policy. She even had paying through the nose for water. We will the temerity to suggest that economic need somebody to rein in the stupidity and the disasters in rural Queensland are a perception. excesses. There is enormous in-built She should take a walk in the real world. She accountability when the provision of that should talk to some rural producers who are service is in the hands of local government. facing ruin. She should come and talk to some Sitting suspended from 1 p.m. to of our dairy farmers who are seeing a career 2.30 p.m. and a way of life built up over several Mr FELDMAN: Before lunch I was sharing generations being torn about by deregulation. with the honourable member for Bulimba She should walk through some of the places some of the horror stories from the sale of where Pat Purcell used to work and see what public utilities. I want to refer to what has happens there. She should see first-hand the happened in other places. agony and despair in the eyes of our dairy farmers. She should see the agony in their The Bland Shire Council told the eyes when they go to the bank. Professor commission that the number of local service Sloan says that she wants to add some doses employees in West Wyalong had fallen from of reality and explode the myths. In the same 20 to four. The Tumut and Cooma-Monaro breath she talks about NCP delivering lower Shire Councils, which are now serviced by input costs for transport, telecommunications Great Southern Energy, reported that and energy. There is the real myth. Fuel has rationalisation of the electricity supply never been dearer, telecommunications in arrangements had led to job losses in their regional areas has regressed, and the areas of 50 and 80 respectively. Great performance of energy suppliers has plumbed Southern Energy agreed that employment had new depths of ineptitude. We do not see any been reduced, but contended that the job benefits there, but then, in the rarefied area of 18 May 2000 Queensland Competition Authority Amendment Bill 1215 academia, they might be perceived as The privatisation of public utilities is just benefits. one of the destructive offshoots of economic As I said before, the major component of rationalism which is sweeping through our this Bill is to seek to provide accountability in nation like a deadly plague. While we will be the provision by the private sector of what are supporting this Bill because of its intent to basically essential services. The intent is ameliorate the damaging impact of economic honourable, but these measures should not rationalism, we are reluctant, to say the least, have been necessary because essential in that support, on the basis that such support services should never be privatised. could be seen as legitimising this evil and simplistic economic experiment. Support it we Taking the supply of water as an must, though, because not to do so would be example, there is an enormous in-built to facilitate and invite open slather to the accountability when the provision of that predatory behaviour that pervades the "profits service is in the hands of local government. If before people" ideology of those companies inefficiencies are not addressed, if service which control our water and, perhaps, our levels deteriorate, or if the pricing structure electricity. I just pray that this Parliament and disadvantages the consumers, they have a this Government votes down any attempts to very powerful redress at hand. They vote the completely privatise these commodities. That council out of office. This is one of the most is all I wish to say. We will be supporting the effective possible methods of ensuring Bill because I believe that we have been accountability and of ensuring that the forced into that position. interests of the consumer are paramount. This method of delivering accountability is Hon. D. J. HAMILL (Ipswich—ALP) (Treasurer) (2.39 p.m.), in reply: I thank not available if the utility has been privatised; comrades opposite for their support for these nor can it be legislated in any meaningful form measures. In particular, I thank our new-found or with any worthwhile result. No prices oversight regime will prevent extortionate friends up the back because last night I pricing levels if the facility happens to be in the thought that a fair bit of the Opposition, and hands of an unscrupulous private sector certainly One Nation, were putting forward a operator. The consumer cannot vote the reform Bill in an attempt to remove the provider out of office; nor can the consumer protections that we are supporting here this change to an alternate supplier. afternoon. If the service in question happened to be Mr FELDMAN: I rise to a point of order. If gas, for example, the consumer who is being the Treasurer could refer to us by our correct overcharged can elect to change to an title of City Country Alliance, I would appreciate alternative supplier, or even to an alternative it. fuel. However, in the case of water, there is no Mr HAMILL: I take the interjection from alternate product, and, because of the nature the member. of the delivery infrastructure, there cannot be an alternative supplier. The customer has An Opposition member interjected. absolutely no defence against unscrupulous Mr HAMILL: Sorry, does the member providers. have an objection to that? I know that the intent of this Bill is to I thank honourable members for their introduce that consumer protection provision, support for the Bill. It makes some important but I am not at all convinced that a prices reforms to the framework and responsibilities oversight regime will do that. One has only to of the Queensland Competition Authority. In look at the abysmal and toothless relation to CSOs, it certainly ensures that there performance of Professor Fels and his Prices is greater control vested in the elected public Surveillance Authority to realise the futility of authorities. In relation to the water regime in legislative consumer mechanisms. local government, they are important reforms Really, the point I am making is that the which had been foreshadowed some provision of essential services is fundamental considerable time ago. It is consistent with the to the wellbeing of a community and its Government's approach to have in place a residents and should always remain the proper oversight regime in the public interest. I domain of the public sector. The provision of reiterate the point that competition reforms such basic needs as water supply and which are in the public interest will always be sewerage, electricity, communications and supported by the Queensland Government. waste disposal should never be compromised So-called competition reforms that do not by an obsession with bottom line profits. deliver public benefits will not be supported. 1216 Queensland Competition Authority Amendment Bill 18 May 2000

Under this Government, the objective of This amendment is important, given the competition policy is certainly not a policy that framework that has been set out to govern the is directed towards the privatisation of public jurisdiction of the Queensland Competition assets. Indeed, the regulatory framework Authority in relation to matters pertaining to which is put in place through the Competition competitive neutrality. The Bill amends the Authority Act enables us to declare both public original Act in such a way as to give the and privately owned infrastructure to ensure Competition Authority jurisdiction in relation to that the public interest is protected and that breaches of competitive neutrality on matters monopolies, whether they are public solely as a result of Government ownership monopolies or private monopolies, should not and control of a Government business, be able to operate to the detriment of the namely—and these are the three key areas public good. which are stated—the absence of debt As I said, I am pleased that this measure guarantee fees, the absence of tax enjoys such support in the House, and I look equivalents and the presence of regulatory or forward to the continuing support for the procedural advantages. Those measures were Government's position with respect to enumerated in the Competition Principles competition policy in general. Agreement at clause 3. Motion agreed to. Notwithstanding the measures in clause 3, this power gives the Ministers responsible the ability to direct the Competition Committee Authority to inquire into matters related to Hon. D. J. HAMILL (Ipswich—ALP) competitive neutrality—notwithstanding those (Treasurer) in charge of the Bill. specific heads—and provides that the Ministers must indicate, as the amendment Clauses 1 and 2, as read, agreed to. states, how the investigation is to be Clause 3— conducted and the extent of the direction. So Mr HAMILL (2.42 p.m.): I move the it is part of that process of ensuring that, in following amendment— relation to competitive neutrality issues, and certainly in relation to where they may impact "At page 10, after line 17— on community service obligations, the authority insert— vests in the Ministers who have carriage of the '(2A) Section 10(e), 'to examine'— Act and not simply with the competition authority. omit, insert— Amendment agreed to. 'under the direction, to investigate'.'." Amendment agreed to. Clause 4, as read, agreed to. Clause 3, as amended, agreed to. Clause 5— Insertion of new clause3A— Dr WATSON (2.45 p.m.): With respect to clause 5, I refer to new section 13B(2), which is Mr HAMILL (2.42 p.m.): I move the on page 12 of the Bill, and which states— following amendment— "At page 11, after line 8— "If this part requires or permits something to be done by a responsible insert— local government, the thing may be done 'Amendment of s 12 (Directions by by 1 or more of the participants for the Ministers about authority's functions) responsible local government." '3A. Section 12— Obviously, this clause refers to a situation insert— involving multiple local governments—two or more—and one is perhaps the responsible '(5) Despite subsection (2), if a direction is local government. What is the responsibility of a direction by the Ministers under section that local government to consult with other 10(e), the direction must state how the local governments about an issue? I was investigation is to be conducted and, for thinking about when a local government may that purpose, may apply all or stated consent to do something. It seems like this provisions of part 6 to the investigation. clause may then, therefore, bind all the other '(6) To the extent the direction applies all local governments as well. In the situation in or stated provisions of part 6, the part or which there are multiple local governments stated provisions apply to the involved, if one local government consents, investigation.'.'." does it bind all the others? 18 May 2000 Queensland Competition Authority Amendment Bill 1217

Mr HAMILL: In response to the "solely because of the government honourable member, certainly the provision ownership or control of the agency, over refers—as the member will see in 13B(1)—to competitors or potential competitors in a applying to a local government entity where it particular market." consists of two or more local governments. I That part is being omitted and replaced will give the member an example. Say a water by the part which is in the amendment. I do board— not have any problem with those particular Dr Watson: Yes, take Brisbane—the one aspects being specified there. It seems to me, we just did. though, that we have now taken a very broad position in the original Act and narrowed down Mr HAMILL: I think in the case of the competitive neutrality. South East Queensland Water Company— that is now a private company, not a local To take Suncorp as an example, when it government authority— was a Government entity, complaints were made about the competitive advantage it had. Dr Watson: If it was a board. Irrespective of the issue of tax, because Mr HAMILL: For example, I think Suncorp was in Government buildings and was Townsville/Thuringowa has a joint control water part of the Government, the argument was board. If one local authority is to act, then, yes, that it had a competitive advantage over other it is bound in the same way, I am advised, as insurance companies because it had is the case under the Local Government Act. Government employees which other companies could never get. Dr WATSON: So there is no responsibility I would have thought it could be argued under this legislation; it is the agreement that, by narrowing the definition of competitive between the local councils about whether or neutrality, we are requiring the QCA to look at not they have to consult the other local council competitive neutrality in these three areas but on particular issues? Would that be right? we are excluding its ability to look at Mr HAMILL: That is correct. competitive neutrality in other areas. As I have said, I do not have any problems with the Dr WATSON: So it is all up to them. How three areas defined—tax equivalence, the they arrange their affairs, then, has to be spelt regulatory environment and Government out in whatever the arrangement is for guarantees—because they are most likely the cooperation? three areas that would come up. However, Mr HAMILL: The answer to the there could be other areas. Could the honourable member's question is yes. I Treasurer explain whether he thinks other believe that in all of those joint local areas are covered or whether the intention is government boards there would, in fact, be set to ensure competitive neutrality covers only out within their constitution or within their these three items? articles of association—whatever the Mr HAMILL: It is important that clause 3 document would be—a mechanism whereby and the amendments which the Chamber has decisions are made and what the respective adopted are understood in the context of this mutual obligations are for the local authorities provision. As I mentioned before, the as part of those joint entities. Competition Principles Agreement set out these matters. It is true that in the drafting of Clause 5, as read, agreed to. the original Act the Parliament was pleased to Clauses 6 to 18, as read, agreed to. give a broader jurisdiction to the Queensland Competition Authority—a jurisdiction which it of Clause 19— itself had. This is not a criticism of the Dr WATSON (2.48 p.m.): I understand the Queensland Competition Authority. I believe issue here because, as I said before, the the authority is discharging its responsibilities Minister has reiterated the agreement. Section very well indeed, but the Queensland Act had 38 of the Act states— a much broader provision and was given a much broader jurisdiction than that which "The principle of competitive applied in other States. neutrality is that a government agency carrying on a significant business activity This measure brings the jurisdiction of the should not enjoy a competitive Queensland Competition Authority in line with advantage"— the practice elsewhere in the country. It ensures that the Government has control over and then the following words are omitted by matters. A good example is that of complaints this clause— concerning CSOs. While the Queensland 1218 Queensland Competition Authority Amendment Bill 18 May 2000

Competition Authority is approaching its task involved, and one cannot do anything about from the perspective of an economic regulator, that. This amendment seems to allow the Government, for a variety of very Government business organisations to have a compelling social reasons, may determine that competitive advantage over commercial a community service obligation be delivered, organisations. Their only avenue is to go to the whether it be in respect of transport, water or Minister and hope that the Minister refers the any other public service. matter to the QCA. I do not believe, and the Government I would not have thought that was does not believe, that the Queensland intended by competition policy. I would not Competition Authority, no matter how have thought it was in the interests of the competent, ought to be able to second guess Government—whatever political persuasion it what is an important part of public policy made is—to have to rely on the Minister to make that for very compelling political and social reasons. reference and then to find out how it is going I do not mean partisan political decision to come about. making; I mean political in terms of the Mr HAMILL: I hear what the honourable processes of Government but read with the member is saying. I can only refer him to my powers that are contained in clause 3 of this earlier comments that this ensures that the Bill in relation to the 10(e) power. It does not economic regulator is not dealing with CSO preclude Ministers from referring any other issues— matters which touch on issues of competitive Dr Watson interjected. neutrality to the authority. What we are doing is giving effect to the letter of the Competition Mr HAMILL: I take that point. I was Principles Agreement—nothing more, nothing interested in his example of Suncorp, formerly less. a Government owned corporation. Some of the requirements placed upon Suncorp by Dr WATSON: I understand the issues Government were more onerous than those regarding CSOs. If the Government has a which would have been required by Suncorp's public policy with respect to CSOs, that is direct competitors in the market. When one legitimate. That is recognised under adds to that issues such as freedom of competition principles. State Governments information and judicial review, that would have rights to make social decisions. Having disadvantage a Government owned made a social decision, a Government would corporation which was in direct competition not want the QCA investigating it for no good with private sector corporations. purpose. As I said, this provision is not meant to I am concerned about excluding issues restrict the actual consideration of competitive which are not public policy issues and issues neutrality issues. Rather, where matters are not contained in this amendment where a brought forward by way of complaint, this competitive advantage can be given to a provision allows an opportunity to undertake Government enterprise—the three issues some sort of preliminary assessment of them outlined here. I mentioned Suncorp earlier as to see whether they fall within the bounds that an example of what can occur. One should not are clearly set for the absolute jurisdiction of have to rely on a Minister referring to the QCA the authority. For example, we might find for competitive advantage matters such as ourselves in a situation in which several factors location of Government business enterprises are at play, some of which would be within its with respect to other Government activities and direct jurisdiction and some of which would not. other interrelationships that may come about On that basis, there is a discretion under between Government business activity and the section 10(e) for the Ministers to refer the Government which may give a commercial whole activity or the appropriate part of it to the advantage to the Government business Queensland Competition Authority for its activity. Those things ought to be able to be advice and report. It is about nothing more or looked at. less than that. The whole idea of National Competition Dr WATSON: I understand the Policy was about ensuring that Government explanation. Although one might have been business concerns did not have an unfair able to argue that the section in the original advantage over commercial activities. It seems Act was too broad, particularly when we take to me that this has now become so restrictive into account CSOs, in my opinion we are now that there cannot be commercial advantage making it too narrow. The Treasurer is right; for when it comes to tax equivalents or regulatory example, where CSO payments and other environment. A private enterprise may suffer things are involved I can understand a quite a competitive disadvantage if CSOs are Government of any political persuasion 18 May 2000 Queensland Competition Authority Amendment Bill 1219 wanting to be able to address that situation confidentiality of information which may have and refer only the relevant activity to the QCA. come forward through mediation in relation to However, the principle of competitive neutrality a matter that has been properly mediated is being applied too narrowly. In the future, under the Act. It was a reasonable point that when commercial organisations have the Scrutiny of Legislation Committee made. legitimate concerns about their ability to The Government is pleased to accept the compete against a Government organisation views of the all-party committee and translate and when this has nothing to do with CSO that expression into the two amendments payments or the three areas outlined in this before the Chamber. amendment, the commercial organisation Dr WATSON: I accept what the Treasurer would have to go to the Minister of the day in said in relation to the amendments. I have no order to get a reference to the QCA. This is questions about this. However, I have some very restrictive. Had I thought about this in questions with respect to proposed sections detail, we could perhaps have come up with 187F and 187G, which are on page 80. My an amendment. But this seems too restrictive. concerns are not serious and they relate to Through Treasury, consideration ought to be both amendments. Firstly, proposed section given to addressing the narrowness of this 187F indicates a penalty of 1,000 penalty units provision. Perhaps in the future the provision or a year's imprisonment. I think that is fairly could be broadened via an omnibus Bill. high, but I understand the necessity for a Mr HAMILL: The path that has been serious penalty when dealing with issues of mapped out here is, in fact, a middle path. In confidentiality. I note from proposed some of the other States that have a body subsection 187G(1) that at a mediation akin to our Queensland Competition Authority conference a corporation can be represented there is no jurisdiction in respect of this matter by, for example, a solicitor. However, an at all; it resides in Government departments. individual cannot. The individual seems to be That was an option that I favoured. I discussed at a disadvantage to a corporation in that this issue with the Queensland Competition situation. For example, if individuals need to Authority. The preference of the authority was get advice but it cannot be obtained without either to leave things as they were or totally going against proposed section 187F, they are remove its jurisdiction. I was not satisfied with placed at a significant disadvantage. For things as they were, and I gather from example, a matter could involve a private comments made by other honourable water supply, which may not involve a members there is reason for reform of this corporation. matter. However, in my view, going to the Mr HAMILL: Let me direct my remarks to other extreme was not acceptable either. We proposed section 187G. This provision have sought to take the middle path and facilitates the mediation. While "the party" may preserve jurisdiction for the QCA, albeit within be the honourable member for Moggill, the clear guidelines, and not go so far as to totally other party may be the Gladstone Water destroy its jurisdiction. I think our quibble is one Board. The Gladstone Water Board is not a of degree. There is now an opportunity to see natural person. Therefore, it has to be whether this model delivers the sorts of represented by someone. I draw the outcomes we all desire from the QCA. honourable member's attention to proposed Clause 19, as read, agreed to. section 187G(2)(b), which allows the mediator Clauses 20 to 41, as read, agreed to. to permit a party to be represented. It states— Clause 42— "... the mediator is satisfied the party should be permitted to be represented by Mr HAMILL (3.04 p.m.): I move the someone else." following amendments— I would have thought it would be quite open to "At page 82, lines 5 and 6, 'other the discretion of the mediator, if in the event than an official person'— that a significant corporate party was involved omit. that had, say, legal representation, for the mediator to allow an individual party—perhaps At page 82, lines 9 to 15— a natural person—to have access to omit." representation to ensure that the party's ability These amendments go to section 187K to present the case in mediation was not of the Act. They take up an issue raised by the impaired because of a lack of resources or Scrutiny of Legislation Committee in its report because of the innate ability of that person. on the Bill. They are simple amendments, but If we were not dealing with parties that they are important, because they ensure the could be not natural persons, then such a 1220 Mental Health Bill 18 May 2000 provision would, I trust, have been agitated man in his mid to late thirties came unnecessary, although we could conceive that into the office and confronted me with his perhaps a party in the mediation could be a frustration at the lack of help available for person who is unable to represent themselves people suffering a mental illness as he was. and I imagine that provisions such as those we Here was a man who knew he was not coping have in the guardianship Act could come into in the way of the average man, knew he play. There needs to be that discretion in the needed help to cope, had medical advice conduct of mediation to enable the mediation stating he needed help, had made to take place. Were it not there, it would be appointments to see a psychiatrist and a very difficult for such a provision to operate at psychologist and yet events conspired to all. prevent him getting that help. He was very Dr WATSON: I accept that. I understand concerned that, because of his agitated state, that issue. What I was really concerned about he may do something to his family or others. was not the fact that the option was given to He loves his family but had no control over his the mediator—that is understandable. I was emotions and, knowing this, he chose not to really concerned to make sure that there was, go home but to come to his local member and if you like, some natural justice involved. When let out his frustration there in the hope of the mediator or court is looking at that making his torment visible to those he hoped section—and I think probably this discussion is may address his need and that of the worth it—they ought to take into account what community. the Treasurer has just said, that there is an Although this gentleman was willingly expectation that a mediator would not insist on seeking treatment, his difficulty in obtaining mediation where the economic power or that treatment not only reflects but highlights expertise is so uneven. In fact, it could very the need of many other communities. well be that the corporation concerned may Governments must make mental health actually be the one that is initiating against an services available to people who need these individual, who could have a private water services before they are pushed to the stage supply and it might be a corporation going at which enforcement of voluntary treatment is after them; it does not have to be the other necessary, which is an area that this Bill way around. But in either case, it would seem addresses. to me that it would be patently unfair if the The rural and regional areas need far individual was denied, for example, legal better mental health services than they receive representation because they are a person, and this need has been an ongoing one. It is whereas a corporation gets high-powered legal perhaps one of the more constant needs of representation because it is not a natural many communities which are faced with person. growing diagnoses of depression and other Amendments agreed to. illnesses which are the by-products of Clause 42, as amended, agreed to. unemployment, drug abuse and other now common events of the late 20th century. Clauses 43 to 48, as read, agreed to. It has often been recorded that, in their Schedule, as read, agreed to. lifetime, one in five people will suffer from Bill reported, with amendments. some form of mental illness. Most members in this Chamber would be aware of or know of someone who has suffered the torment of a Third Reading mental health condition and has availed Bill, on motion of Mr Hamill, by leave, read themselves of mental health services. They a third time. are probably also aware that they may one day be among those mentioned in the one in five statistics. MENTAL HEALTH BILL Yesterday when I was asked by a seniors Second Reading group visiting from the South Burnett what Bill Resumed from 17 May (see p. 1134). we were debating, they thought it was very Mrs PRATT (Barambah—IND) appropriate for politicians to be discussing this (3.13 p.m.): In rising to speak to this Bill, I am Bill as they felt that many in this House were very conscious of the gaps in the current appropriately qualified for the task. legislation that this Bill is endeavouring to fill. I would like to read one letter from an On reading the Mental Health Bill Explanatory individual who did seek treatment. Perhaps his Notes, I was transported back to my first desperation will be conveyed better in his own couple of weeks in the electorate office. A very words rather than in mine. He says— 18 May 2000 Mental Health Bill 1221

"The ... requires the services of a treatment by the visiting health team has residential psychiatrist and psychologist been irregular, subjected to the whim of on a full time basis, or a weekly visiting the weather and delays of up to 6 mos mental health team with support in have been subjected to patients. As the between appointments. The Kingaroy waiting time between visits have changed Community health service caters for an from 4 weeks to 6 weeks, this has shown area covering the areas of Kingaroy; that there has been an increase in the Nanango; Yarraman; Blackbutt; Bernakin; number of people requiring psychiatric Cooyar; Wondai; Cherbourg; Murgon; treatment. Since Toowoomba has taken Goomeri; Kilkivan; Proston; and many over the roll of mental health in this area other towns, covering the area of there has also been an increase in approximately 4325 square kilometres complaints to community health about the which is to be covered by a small group of lack of mental health service. I therefore community health workers giving again plead to the minister of health assistance to the visiting health team Wendy Edmonds not only for myself but once a fortnight. Mental health is an for all patients and their families for an important part of our lives"— improved quality in our mental health service for the surrounding areas." and he has underlined that— One of the main complaints received has "and the quality of our mental health been that, even though people have willingly service, in the form of resources and sought help, they have received only assistance may vary greatly between the medication and no counselling. Although in city and the country, as the country is many instances medication has been the restricted to a visiting mental health team appropriate course of action, the distress, consisting of a psychiatrist, psychologist, disorientation and confusion associated with and two social workers. These visits occur mental health can be as traumatic as any fortnightly with the exception of rain; death in the family, any tragic accident or sickness; holidays, which may cause a patient's treatment to be delayed up to 6 violent attack. Counselling is essential to months. address the mental traumas associated with the condition. As I have stated before, These delays caused by medication may very well be the solution, but cancellations or mismanaged the families who live with these sufferers every appointment bookings can be very day feel counselling is a necessity. stressful to the patients and may produce I would like to read from a mother's adverse effects and set backs not only to experience when she endeavoured to obtain patients but also to families. In the 16 help for her adult son. She said— weeks of the above date I myself have seen the psychiatrist once ... and I have "No psychiatrist who has seen my waited to see the psychologist in the past son over the past 5/6 years has actually 16 weeks ..."— counselled him. All the psychiatrists he has seen have only prescribed medication and will have to wait another four weeks— whereas the mental anguish needed to "and may see him for the first time in the be dealt with. We found it impossible for 20th week ... if these appointments are my son to be eligible as a patient at any not cancelled again. Psychiatric patients equipped psychiatric establishment we who find this lack of support for their approached. Some establishments said particular illness tend to be more stressed we came under Toowoomba, so when we out or withdrawn, and this may have a approached them we were told we were detrimental affect the patient's family. not able to go there because my son had been seeing a psychiatrist in Brisbane I there beseech the minister of health and therefore we would have to get my Wendy Edmonds to look into the mental son in there. The reason my son had health services for the area to help seen a psychiatrist in Brisbane was enhance and improve the quality of because he couldn't get treatment in our mental health treatment and provide local area." support groups for both patients and families. Previously the visiting mental This mother goes on to ask the question: health team was from Bundaberg and the "Where can people like my son receive the treatment was on a regular monthly basis psychiatric counselling they so desperately but since the transfer of the visiting need? It is certainly not available to people mental health to Toowoomba, the who cannot afford to pay high fees." 1222 Mental Health Bill 18 May 2000

Recently, White Wreath Day was Government health workers who only work launched in Brisbane. White Wreath Day was nine to five on weekdays. Mental health is 24 started by a mother who lost her child to hours a day, seven days a week. These suicide. Just like the hundreds and hundreds workers cover a very large catchment and of families who also added a white wreath to provide a worthwhile and essential service, but hers in King George Square until it was they do not possess the information or the on- covered with wreaths and looked like a white street experience of workers in the funded carpet had been laid, all had lost a son, a agencies who provide a 24-hour a day on-call daughter, a mother, a father or a friend. There service. These people deal with the trauma was no age limit on those who took their life and its subsequent impact on families and the and the manner was varied, as was the reason community at any time of the day or night. for taking it. We all ask why. What could we It is necessary to catch these problems have done? Why did we not see what they and deal with them at a much earlier stage, were going through? which may limit the use of this legislation. When it comes to mental health, it is a lot Police, ministers of religion and crisis care like the chicken and the egg. People addicted agencies are continually frustrated by the lack to drugs or alcohol suffer mental health of services and facilities available to treat problems. Do they drink or do drugs because people exhibiting mental illness as a result of they have a mental health problem or do they drugs, alcohol and emotional or psychological have a mental problem because they drink or abuses. These situations occur because do drugs? One might very well say, "Either Queensland Health has no after-hours services way, it doesn't matter. They have a problem." I in rural areas and general hospitals are not would agree, but there are instances where properly equipped to handle these crisis cases. others do not. Mental health is a condition that needs It was reported to me that efforts were attention immediately. made to place into a psychiatric centre an Delays in receiving treatment is a major alcoholic who reportedly drank because of contributing factor to pushing sufferers over depression. He wanted to go. He had made the edge. We must endeavour to supply the big decision and needed help. In one sufferers, carers and their families with support. instance, he was told he could not be admitted The support needed is of a specialist nature because he was not mentally ill; he was an and not everyone is suitable to dispense that alcoholic. In the second instance when a drug support. There is a fine line to be negotiated and alcohol rehabilitation centre was when it comes to the rights of the person who approached, he was told he had a psychiatric is to be subjected to involuntary assessment problem and therefore had to go to a and treatment, but there is also a fine line in psychiatric hospital. I cannot tell members if protecting the rights of those who live or this man overcame his problem or not perhaps become the victims of those suffering because he has simply disappeared. a mental illness. We again have the chicken and egg We in the rural areas ask for no more scenario with our youth. There is a critical than that which is taken for granted by city shortage of detox and rehab facilities for residents. Too many times rural areas are young people who indicate that they are treated as bridesmaids and never the bride motivated to get clean. Workers in this sector when it comes to services. Treatment in are continually frustrated by the lack of facilities specialist health services is often traumatic for in Queensland, especially for people 16 years rural residents to obtain. It often necessitates a and under. There are virtually no beds trip to the city which is an added stress for the available for the youth in our communities who sufferer and exacerbates their condition. We need attention and supervision whilst have waited a long time for the lack of services undergoing treatment for depression, getting to be addressed and we have been very off drugs or other similar conditions. This is an patient. unacceptable situation when our youth suicide Recently, John Howard was asked to reply rate is so high. to a comment from an interviewer that rural Governments need to recognise that and regional feedback was indicating that the perhaps there is a need for an holistic recent Budget did not address rural needs. Mr approach to addressing the issues of mental Howard replied to the effect that the health and associated illnesses and Government would decide what rural addictions. This requires collaboration with communities needed. Well, excuse me! Until workers who work the streets on a day-to-day one lives, eats and breathes in rural areas, basis. This does not mean Queensland then and only then can anyone begin to 18 May 2000 Mental Health Bill 1223 understand the needs of the area. The last 10 issue of the definition which has been inserted years have had a great effect on rural areas in this Bill for the first time. I note that the and the mental condition of many of the definition is heavily reliant upon the clinical people there. Policies we debate in this House diagnosis of a mental illness, which is proper. I such as NCP are adding to the stress and the also note that in the definition a person cannot survival of business operators, so they, too, be involuntarily treated merely on the basis may need health services sooner rather than that they have an intellectual disability. That is later. an extremely important principle and one that, The days of residents west of the ranges in the past, may have led to some abuses. having faith in their Governments to know what The member for Fitzroy stressed the they need and actually believe that those importance of this principle, and I certainly needs will be addressed are gone. If support it. Governments knew what was needed, they On a related issue, I feel that there are would not put into place many of the theories some people in the community who are which are worked out on paper in back rooms caught in the middle when it comes to the and, when put into practice, actually decrease definition of mental illness. I will give an services in the bush. It is great that incentives example of a particular instance in my which have been advocated for many years to electorate. A parent was in a very difficult address the doctor shortages are finally seeing situation with her son, who suffered from the light of day, but it is not very beneficial Tourette's syndrome, which is not, as I when the telecommunication network used to understand it, a mental illness or an intellectual procure those services does not live up to the disability. The individual involved suffered from promised equal or better service. extreme mood swings and behavioural If Governments are expecting gratitude— problems to the point that on one or two don't! If they want to talk about mental health, occasions the parent had her son regulated, or I can tell them that, with high unemployment at least kept in overnight for observation. and having to wear the results of city-based bureaucrats and their ideas, it is a miracle that I remember on one occasion getting a call everybody west of the range does not need late at night from the woman, who was very mental health services. This Bill does address distraught. She had taken her son to a a need. I congratulate the Minister on tackling hospital in the hope of having him admitted as what is a very difficult area of the health a mental patient. However, that course of portfolio. action was rejected on the basis that he did not have a mental illness. On contacting the Mr ROBERTS (Nudgee—ALP) police—the individual concerned was making (3.27 p.m.): Today I want to address a couple quite serious threats and was behaving in a of issues in relation to the Mental Health Bill. I way which was very intimidating to the will not be traversing a lot of the material that parent—she was told that it was not a police has already been covered by some of my matter because no criminal offence was being colleagues. I firstly want to congratulate the committed. Minister for Health, her office and her departmental officers on the tremendous work As a result of the clarification of the that has been undertaken in preparing this Bill. definition, some people in the community who I know there has been a lot of consultation are not mentally ill will be excluded, whereas in since 1993. From the comments that have the past they may have been treated under been made by speakers on both sides of the the Mental Health Act. Basically, they are in House, we all anticipate that this Bill will no-man's-land. I do not know what is the significantly improve the delivery of mental appropriate legislative response to that. Maybe health services to those people in need in the it should not be addressed in the mental community. Most members would have health legislation, but there is a gap in relation experienced some of the difficult traumas that to some behavioural problems and other individuals suffering from mental illness in each experiences that people in the community of our electorates face. Through the contact I have. I think it is an issue we need to put our have had with the health professionals at the minds to. I would hope that the definition that Prince Charles Hospital and elsewhere who excludes an intellectual disability is not used as deal with these people, I want to give them my an additional hurdle for those people who may praise for the way in which they carry out a be mentally ill. I do accept that those people very difficult job. with a dual diagnosis can be involuntarily There are two issues I want to touch on in treated under the Act. I suppose time will tell this debate on the Bill. Firstly, I refer to the how well the definition operates. 1224 Mental Health Bill 18 May 2000

Part 2 relates to treatment plans. Once eloquently a moment ago. We see people again, I can only speak from my own who are in absolute frustration. They may have experience. I had the experience of a a family member who they know is on the particular individual who was regulated and verge of doing something that will potentially who was required to take medication. The harm themselves or somebody else and there difficulty was that the person was receiving is no way they can address that. Hopefully this advice from people outside the chain of Bill will assist in such instances. treatment that she was not required to take the medication and so on, and therefore she In this day and age there are a lot more did not take her medication. Because of that, pressures and stresses in our society. This has on many occasions she presented at my office tended to lead to more family breakdown and in a very distressed state. She was taken by greater pressures on families. The issue of police back into treatment on a number of unemployment has been alluded to. In my occasions. Unfortunately, that person part of the world—I have a constituency whose ultimately took her own life. I do not allocate regional economy is basically reliant on any blame to anyone within the health system farming and grazing—there is a great deal of for that; it was just an unfortunate outcome. frustration and feelings of hopelessness. That leads to mental illness, to instability and, I am quite pleased to see that treatment unfortunately, to suicide. That is something the plans are more formalised within this Bill. I Minister greatly appreciates. It is a very real believe that will go a long way to ensuring that concern in Queensland and also around the treatment of those individuals is more Australia. Each year many hundreds of young closely monitored. The Bill proposes what the Australians take their own lives as a treatment plans must state and, in particular, consequence of a feeling of hopelessness. that they should outline the intervals for a patient's regular assessment. People often ask me why and how these things happen. It is very difficult for us as I hark back to the example of the members of Parliament to put ourselves inside particular individual I came across. There was the minds of people who want to harm a need for regular monitoring of that themselves in some way. Whilst we can have individual's lifestyle and commitment to the treatment that was prescribed for her. A plan some sort of appreciation of the emotions they which specifies regular assessment may in feel and the enormous stresses people are some circumstances help to prevent what in under, we do not have an entire or proper this case was quite a sad outcome. I appreciation of their thinking. Personally, I cannot understand how anyone would want to commend to the House the changes in end their life, but I can understand that the relation to treatment plans, which will need to pressures that come to bear from time to time be properly implemented and monitored to put enormous strains on people. Another ensure that the processes operate as they problem relates to those who are left behind. should. I commend the Bill to the House. Families have to pick up the pieces and Mr SPRINGBORG (Warwick—NPA) communities have to deal with the broader (Deputy Leader of the Opposition) (3.34 p.m.): issues. I rise to support the principles of the legislation before the Parliament. I do not intend to go I turn to the issue of the treatment, over old ground. A lot of different issues have detention and assessment of those with a been canvassed during the course of the mental condition who have committed or it is debate on this Bill, so I will restrict my believed have committed a criminal offence. comments to the processes involved for the The Mental Health Court—it is currently called assessment and detention of people who the Mental Health Tribunal—will be called on to have a mental condition and who have assess those people. Some of the principles of committed a serious crime or a criminal the Bill seek to overcome the concerns of offence. victims and their families. There has been a concern for a long time that sometimes justice I was interested to note some of the is not done. comments that have been made in the debate about the general concern in the community The assessment of a person as having a over mental illness and the significant and very mental condition at the time of the commission real impact that is having on individuals, of a crime or as having developed a mental families and communities. Many of us are condition some time post that crime and somewhat traumatised and concerned by the therefore being deemed unfit to stand trial stories we have heard. I think the honourable certainly brings about a concern in the minds member for Nudgee set that out quite of the victim, the victim's family and the 18 May 2000 Mental Health Bill 1225 community that on some occasions justice is to know he should not commit this 'act'. not necessarily done. He cannot be held accountable for his I will read a submission made to a forum actions. He is no longer a criminal, he is hosted by the coalition in Brisbane last year. now a patient. He subsequently is granted This submission was made by a lady whose a whole range of rights and privileges daughter was murdered. I am sure all including the right to privacy." honourable members appreciate this issue, Mrs Clarke goes on to say— because I believe all honourable members "I am denied access to any have been contacted by this lady, a Mrs information about him, including where he Robyn Clarke, about the death of her is being held, any reviews that take place, daughter, Janaya Kristy Clarke, on 9 any applications for escorted leave, etc November 1998. etc. I don't even have the right to know if I would like to read a letter into Hansard. he is ever to return to our streets." This will give us a better appreciation of some Mrs Clarke continues— of the emotions that we deal with when we have to look at the assessment of people who "Janaya's family were given no commit these sorts of crimes. The letter considerations in the Mental Health reads— Tribunal proceedings. We were not allowed to have any input into any aspect "The beautiful girl in this photo is my of the hearing, we cannot submit a Victim eldest daughter, Janaya. She was 17 Impact Statement and what we found years old. Janaya was a very special most disturbing was the absence by the person. She was kind and gentle, she Tribunal of any acknowledgment of this was quiet and sometimes even a bit timid. heinous crime or that ... committed it." Janaya touched so many lives in such a short time and I was very lucky to be her Mrs Clarke says that the Judge— mother. "... defends his Tribunal by noting the On the 9th November 1998"— savings of costs and time to the Criminal this was 10 months after the event when she Justice System. I find comments such as wrote this letter— these, made by a person of his standing, extremely offensive and anything but "my child, whom I loved so much, was humane." murdered. There are no words to describe the experience of having to identify the Mrs Clarke says— body of your murdered child, or the horror "I would also like to point out to you are forced to confront when you are Judge ... that justice is meant to cater for told of their last hours on this earth. These more than the accused person ... is a are only two of the many nightmares that dangerous killer! The fact that he is are now a part of my life. These horrors mentally ill and cannot be held will be with me forever and I have no accountable for his actions can only choice but to live with them. increase the danger posed to society by Janaya can never again come and him. It was reported by his psychiatrist talk to me. We can't go shopping that during his first six months at the John together, or watch a video, or have a Oxley Hospital, Brisbane ... has attempted meal together. She can have no more to escape. On one occasion climbing a Christmas or birthdays. We cannot hear 15 ft fence and on another occasion her laugh or see her smile. Because conspired with others to escape. This someone murdered her. That knowledge terrifies me! someone"— There is no doubt that the current and I will not include the name— Mental Health Act needs radical and urgent changes in the interests of public "was a stranger who did not even know safety and as a matter of social justice. I her name. He doesn't know why he also feel that in the case of ... his file must stabbed my daughter more than 20 times be stamped 'Never to be released'. Only and he doesn't want to talk about it. then will I be satisfied that justice for my What's more, he doesn't have to. You daughter has been served." see, this killer is mentally ill. He was found to be of unsound mind at the Mental She goes on to thank the very many people Health Tribunal in June of this year. who supported her in this most difficult time. Judge ... found 'that at the time of the I understand that the Supreme Court offence' he was deprived of the capacity justice who currently oversees the Mental 1226 Mental Health Bill 18 May 2000

Health Tribunal does a very good job within the Nudgee pointed out, this Act has been confines and within the rules under which he reviewed one way or the other since 1993. has to operate on the day. When one is What we are seeing today is the mot dealing with a person who was considered to comprehensive example of that coming before be of unsound mind at the time of the the Parliament. commission of the offence, that is going to I want to refer briefly to what happens in give rise to all sorts of interesting issues. On other Australian States. This legislation does the one hand, we have the rights of the not necessarily deal with the specific issue to person who is accused—the person who may which I am referring. It refers to a lot of other have committed the particular crime—and, issues, including voluntary and involuntary very importantly, on the other hand, we have assessment and treatment. I believe that the people who have suffered directly as a those innovations are very good. The issue I consequence of the crime, namely the victim, would like to raise is whether this process for if he survived, or his family, if he did not the assessment of people with a mental survive. condition who commit a crime is the best I do not know that we necessarily have process of assessment. It is certainly unique. It the correct mechanism in this piece of is something that does not happen in other legislation to ensure that victims or the Australian States. In other States there is a far community in general feel that society or greater degree of jury participation or court Parliament is taking their concerns into participation in this area. I believe there are a consideration. I know that there are aspects of number of reasons for that. When the current the Bill—and I commend the Minister for Attorney-General was in Opposition he raised this—which address some of the concerns some interesting points when talking about the raised by Mrs Clarke. Certainly, under this relevance of a mental health tribunal. He legislation, victims have the opportunity to made these remarks in a debate in this have input into the Mental Health Court Parliament in, I think, 1997. He said that one proceedings. I believe that will be welcomed. issue we must consider is that, traditionally, in a court the jury decides the facts and the The proceedings of the court are going to judge decides all points of law which may be be far more open than were the proceedings raised during the trial. That point is relevant. of the Mental Health Tribunal. As I understand it, the psychiatric advice which is tendered to The community feels a lot more the judge who oversees the court will be comfortable if a group of their peers—that is, a considered in more detail than has been the jury—makes decisions on their behalf. case in the past. That is not to say that the Sometimes in this place and outside this place current head of the tribunal does not do a we might dispute sentences, but we very rarely good job. I believe he does a good job under dispute the acquittal or conviction of a person the circumstances. by a jury. People have general confidence in the fact that a group of their peers is making If we look at the other Australian States the decision. In New South Wales, Victoria and and other Commonwealth countries, we will other places there are different mechanisms in quickly come to the conclusion that what we place, but primarily the jury makes a decision have in this State is unique. It has been in on the soundness of mind of the particular operation in Queensland since the early person. In Queensland, if there is concern over 1970s. No doubt the Government of the day the mental state of the person who is accused, thought that it was a good idea. It has the tribunal will consider whether that person probably proved to be very effective in many was of unsound mind at the time and, as a ways. result, the charges against that person may be However, the issue which was raised a dropped. That person may be held in custody moment ago in the letter which I read into at the pleasure of the State. There is also the Hansard concerns closure of the incident for ability for the tribunal to consider the person to families. It is an issue of justice not only being be unfit at the time of the commission of the done but being seen to be done. The crime, but the person can be held until such coalition, when it was in Government, was very time as he or she is reviewed and perhaps concerned about this issue. The coalition considered to be fit to stand trial. looked at moving amendments which would Of course, when it is handing down its lead to the Attorney-General having greater verdict, the jury may say that the person may involvement in being able to appeal on have been of unsound mind at the time of the matters which were deliberated before the offence, which may be a mitigating factor. In Mental Health Tribunal. Other issues were also New South Wales, when there are questions under review. As the honourable member for raised about a person's mental capacity at the 18 May 2000 Mental Health Bill 1227 time a crime was committed, a specially issuing of gun licences. At the moment, if a convened court with a specially empanelled person applies for a gun licence, the police do jury decides the position of that person. If it is a criminal history check and a check to see if decided that the person should stand trial, the applicant has domestic violence orders then that happens. Other places have similar against them. I would like the Minister to give procedures—some with slight, some with major me some reassurance in relation to this deviations. I pose for the consideration of this matter. It may be a matter that relates more to Parliament that we really should look at such a the Attorney-General's portfolio—I am not procedure, because I feel that there would be absolutely sure. However, it is an interesting far greater public confidence in our system if a anomaly: one person commits a crime, goes jury had the capacity to be able to be involved through the normal court processes and ends in such decision making. up with a criminal record; another person In New South Wales, a jury does not commits a similar crime but, because of their always decide a person's condition. The mental state at the time, is not considered to person themselves may decide to have the have a criminal record or be held accountable matter dealt with before a single judge. If that for that crime. I am sure that if a potential person is found to be of unsound mind, the employer was aware of what a person had Mental Health Tribunal or its equivalent in that done in the past, notwithstanding that person's State then deals with that person. However, I mental state, they would be somewhat less believe that there is a very strong case for us than confident about employing that person. I to sit down and really consider whether we would be interested to hear the Minister's should have a system that allows a greater comments about that matter. degree of jury involvement. Once again, as In general, I support this Bill. I think that it Mrs Clarke said, there needs to be more is innovative in many areas. However, I think at openness, more community involvement and some future time we need to look at that issue more community consideration of these that I raised as it relates to the criminal law. issues. I contend that we in this place legislate Mrs NITA CUNNINGHAM (Bundaberg— in accordance with the expectations of the ALP) (3.54 p.m.): I rise to support this Mental broader constituency, and we should always Health Bill and to congratulate the Minister on do that. her commitment to lifting the level of mental Another issue that I would like to raise health services across this State. with the Minister, and one about which I would be very pleased to hear her respond, relates to The purpose of the Bill is to provide a more effective and accountable system of when a person attends a job interview and is involuntary treatment and care for people with asked by their potential employer if they have a mental illness. The Bill also provides a a criminal history. Of course, a person should system for determining the mental state and disclose their criminal history in accordance the treatment and care of a person with a with the provisions of the Criminal Law mental illness who commits a criminal offence. (Rehabilitation of Offenders) Act, which states The legislation ensures that both those aims that, after a certain period, a person is are achieved by processes that are just, open considered to have no criminal history, except and accountable. in the exceptional circumstances of when a person is working in the child-care industry or is There is no doubt that the incidence of applying for a position in the Police Service. mental health is increasing as the When a person applies for a gun licence or a socioeconomic levels in our communities drop job, that person could be asked whether or not and that this Government recognises the need they have any previous convictions. The for increased resources. In Queensland, the person may disclose that they have. majority of people suffering from a mental Obviously, people in such circumstances would illness are treated voluntarily in much the same have to tell the truth and say yes or no. way as people with any other illness or medical As I understand it, a person who has condition are treated. However, some people committed an extremely serious crime but who in our community do not seek medical care at the time was found under the provisions of and treatment for potentially serious mental the Mental Health Act—or even the provisions illnesses. This legislation is designed to ensure of the new legislation—to have not been that Queensland provides a humane and aware of what they had done can quite comprehensive mechanism for these people confidently declare that they have no criminal to receive care and treatment. history. That person may have murdered We recognise that detaining a person for somebody or raped somebody. It is also very medical treatment against their will is a interesting to consider this issue in terms of the significant infringement of that person's rights. 1228 Mental Health Bill 18 May 2000

On the other hand, the community also As the Minister said at the official opening expects that a person should be treated when of Bundaberg's mental health intensive care their illness has reached a stage at which the unit last year, the improvements to the health or safety of the person or that of hospital's facilities were only part of the new another person is put at risk. This Government integrated approach to mental health care in recognises these problems and is providing the Bundaberg and Burnett districts, with an resources, funding, staff and the necessary additional $770,000 a year earmarked for legislation to address the changing and adult community mental health and $508,000 growing needs of mental health. a year extra for child and youth community As the Opposition has used this debate to mental health, making a huge $1.27m boost denigrate the existing mental health facilities in to community mental health services in the various areas of the State, I would like to draw Bundaberg district. to the attention of the House the enormous I am well aware of the very poor level of improvements that have taken place in mental services that had previously existed due to lack health services in my electorate of Bundaberg of resources. However, the changes in my and surrounding regions under the leadership region since 1997 have been enormous. In of this current Minister and this Labor 1997, in Bundaberg, full-time mental health Government. Prior to the Goss Labor staff numbered 49. Today, there are 62 full- Government, Bundaberg had no mental time employees. On the Fraser Coast, taking health unit as such, and nor did Maryborough. in Maryborough and Hervey Bay, in 1997 the One psychiatrist covered the whole area from number of full-time staff members was just Kingaroy to Maryborough and almost to five. Today, there are 39. The Minister's Gladstone. Following the election of a Labor commitment and drive to bring about a better Government in Queensland, in 1992, as one service and a better future for mental health of the Goss Government's early initiatives, a patients has won accolades from the mental new purpose-built Bundaberg mental health health professionals throughout my region, facility was constructed. who have been outspoken in praise of the It was in the early days of this Beattie advantages of the new facilities and the Government that the need for an intensive commitment of the Labor Government to care unit for mental health was also upgrading mental health services. recognised and delivered by this Government. We have certainly seen a big change for This was added to the Bundaberg Base the better in mental health in Bundaberg, and Hospital mental health facilities and opened by with the massive $26m hospital the Honourable Wendy Edmond in February redevelopment about to be officially opened, last year, providing four new single-bed secure the people of my district will be able to see for rooms opening to a lounge/dining area with a themselves just what Queensland Health is separate entry for police and ambulance providing in Bundaberg and just what is vehicles to allow secure admission—a much- available at the Bundaberg Base Hospital. needed and totally separate facility to They will also be able to see just how wrong accommodate highly vulnerable patients and the Opposition has been in its 18-month providing intensive psychiatric care for both vendetta against the Bundaberg Base voluntary and involuntary patients whose Hospital. One example of how wrong the admission is based on the level of patient care Opposition has been is the outpatients clinic, required rather than on specific clinical which the Opposition claimed was closing. It disorders. That is a relatively new system of was being redeveloped, with 15 modern new treatment delivery that has now been rooms now replacing the five old ones. The introduced into mental health systems in many latest figures show that that clinic has already areas of Queensland. treated some 22,600 patients. It is a wonderful Since then, the Maryborough mental service and a far cry from the doom and gloom health unit has also been established, and that we hear so often from Opposition together with the Bundaberg unit, has members about Queensland's health facilities. improved dramatically mental health care for The Bill before the House has been the people of Wide Bay. That demonstrates developed through a comprehensive and clearly this Government's commitment to inclusive review process, which included improving health services for rural considerable consultation. This has meant that Queensland—a commitment that is further the final proposals contained in the Bill are of a emphasised by this Bill that we are debating high quality and will ensure that the legislation today. is effective. 18 May 2000 Mental Health Bill 1229

The consultation process began in 1993 I want to congratulate also the community with input from key stakeholders to develop health teams working in the Prince Charles proposals for a green paper, which was Hospital Health District. They do a great job in released in 1994. The green paper was an assisting people to lead productive, satisfying extensive document that outlined the lives within the community. There has been proposals to reform both the general treatment some criticism of the deinstitutionalisation provisions and those provisions dealing with process. While there may have been some people with a mental illness who have well-publicised so-called failures in this process, committed criminal offences. Highly specialised we must be aware of the majority of patients reviews have also been conducted on specific who have made a successful transition to live aspects of the current legislation, including the with their family, usually with support from operation of the Mental Health Tribunal and community nurses. It is a difficult area of the Patient Review Tribunal. Again, in 1999 nursing and patient care, and I congratulate the views of the general public and key the Minister and former Ministers who have stakeholders were sought on proposals assisted in bringing this Bill to the House. addressing the rights and interests of victims Hon. W. M. EDMOND (Mount Coot-tha— where the offender was mentally ill or had an ALP) (Minister for Health) (4.03 p.m.), in reply: intellectual disability. May I firstly thank all honourable members for their interest in this important issue and for This Bill is the culmination of some seven their contributions to the debate. I am going to years of hard work by many people grappling take some time to sum up because so many with difficult and complex issues. It needs to important issues were raised and some be passed to protect people's rights and to clarifications need to be made for the Hansard improve the care and treatment of people with record. serious mental issues, and to assist their carers and mental health providers and to The importance of the Bill is reinforced by protect public safety in the broader community. the number of speakers and the keen interest I hope all members in this House will offer that they have shown in its development. Most bipartisan support for this very important members of this House will have had some legislation. personal experience of dealing with people who have a mental illness at some stage in Mr SULLIVAN (Chermside—ALP) their careers, if not in their personal lives. I (4.02 p.m.): I rise to support the legislation guess it is the luxury of Opposition that allows before the House. In view of the time, my its relevant spokesperson to give the comments will be very brief. As the previous Opposition version of the history of policy and member said, the legislation has taken many legislation, but I have to admit that rarely in years to come to fruition and is a result of the this House have I heard such a blatant work of both Labor Party and coalition Health rewriting of history as we heard from the Ministers. I was privileged to be on the caucus member for Maroochydore. health committee with Ken McElligott, who first Clearly, the member did not seek the brought to his committee changes that were advice of the previous Minister. It would take being looked at in this area. It is good to see too long to go through line by line correcting that they have come to fruition today. her many untrue statements, and this House should be spared that tedium. However, there I congratulate mental health workers, are statements that are so far from the truth, nursers, doctors and support staff who work so blatantly dishonest, that they must be throughout Queensland Health. They do a corrected for the record. tremendous job, in many cases under difficult circumstances. I want to pay particular Miss SIMPSON: I rise to a point of order. attention to the Winston Noble Unit at the I find the Minister's comments offensive and I Prince Charles Hospital site, which for more ask that she withdraw. than 40 years served Queensland mental Mr DEPUTY SPEAKER (Mr Kaiser): health patients, particularly those from Order! The Minister will withdraw. Brisbane's inner northern suburbs. When it Mrs EDMOND: I withdraw. The member was first built, it was the leader in its field. But for Maroochydore claimed that the former over time it has not been able to cope with the Minister, the member for Toowoomba South, changes needed in this area. The new mental was the first to quarantine mental health health facility which opened recently was funds. That is not true. Mental health funds completed on time and under budget. It is have been accounted for separately since tangible evidence of this Government 1993, when the Commonwealth first provided supporting patients who have a mental illness. separate, discrete mental health funding. 1230 Mental Health Bill 18 May 2000

The then director of mental health, Dr We all know that we inherited a dreadful mess Harvey Whiteford, whose name has been and that it will take decades to improve things. mentioned quite often during the debate in The letter states further— this House, issued a directive to that effect in "I am pleased that the State 1995/96 April 1993. I am pleased to acknowledge that Budget has provided additional funds for Minister Horan followed the example set by mental health, indicating a greater Ministers Hayward, Elder, Beattie and also now commitment to achieving the objectives of by me. the national strategy." Miss SIMPSON: Mr Deputy Speaker, the I read that into Hansard because Jim Elder Minister is misleading the House. There is has been slurred. He deserves an apology evidence to show that the previous Labor from the member for Maroochydore for wilfully administration did not quarantine funding and and deliberately misleading this House. was reprimanded by the Federal Government. Miss SIMPSON: I rise to a point of order. Mr SPEAKER: Order! There is no point of The comments by the Minister are offensive order. The member will resume her seat. and untrue. I have not misled the House. Mrs EDMOND: Secondly, Minister Elder Mr DEPUTY SPEAKER: The Minister will was not reprimanded by the Federal Minister withdraw. for "siphoning off mental health funds" in her letter of 1995, as stated by the member for Mrs EDMOND: I withdraw. Maroochydore. She wrote that she was Thirdly, the member for Maroochydore pleased to see the increased expenditure on stated that the Ward 10B inquiry revealed community-based services and commended shocking issues that had to be addressed. the increased mental health funds in the 1995- That is true. But she seemed to imply that it 96 State Budget. The member for Burleigh, was under a Labor Government. That is totally Mrs Gamin, who also repeated this allegation, untrue. The Ward 10B debacle was exposed was asked to table the letter but she did not by the previous member for Thuringowa, Ken do so. I am happy to read from the letter, McElligott, when he was in Opposition and the which says that— National Party was in Government. Ken Miss SIMPSON: Mr Deputy Speaker, I McElligott, as Health Minister, established the ask that this document be tabled in full in Carter inquiry into Ward 10B and set about accordance with Standing Orders. righting the wrongs of Ward 10B and setting Queensland on the path of mental health Mr DEPUTY SPEAKER: Will the Minister reform—belatedly, but as soon as possible table the document? upon Labor gaining office in 1989. Mrs EDMOND: I am happy to table it. The The Opposition spokesperson asserted member for Burleigh said that she would table that Mike Horan, as Minister for Health, was it, but she has not done that. I am happy to responsible for the 10-year mental health plan. table it. The letter states— He was not. Again, this is totally untrue. In "There has been a shift of resources 1994, when Ken Hayward was Minister, the away from institutional care and growth to Labor Government approved the Queensland much needed services to support people mental health plan. That followed the release in the community." in 1993 of the mental health discussion paper. It is a pity that those opposite did not read the The mental health plan was then developed rest of the sentence. The letter continues— into the 10-year mental health strategy, which was approved in 1996 under Mr Horan soon "New arrangements also exist to give after he took office—in fact, probably about a consumers and carers a voice in the month after he took office. design and evaluation of services. I have always acknowledged the ... bipartisan support there has been until the With regard to Queensland, I was past year or so in progressing mental health pleased to see that expenditure on reform in Queensland consistent with national community-based services and allocations and international standards. As I said earlier, to non government organisations have much of this Bill has been developed in increased. Nevertheless, I am concerned parallel with the development of these plans that Queensland has reported as the for and reforms to service delivery. Many of the lowest per capita spending jurisdiction on legislative changes were drafted prior to 1996. mental health services in 1993-94 and The areas of the Bill relating to areas other that per capita expenditure has fallen over than forensic issues and victims of crime are the previous year." much the same as they were prior to 1996. 18 May 2000 Mental Health Bill 1231

However, when I became the Minister I found all mental health facilities and issues in that there had been little progress on resolving Queensland. "Independent audit" must be the the forensic issues and no consideration of the new term in her word processor. She has effects on the victims of offences committed called for them in relation to hospitals, by people with a mental illness. As the infection, the grass growing—whatever— member for Toowoomba South said in the without the faintest idea of what she is calling House yesterday, this area was a stumbling for and of the fact that in every case she has block for him. He acknowledged how difficult it mentioned so far auditing mechanisms are is. already in place. Similarly, with respect to I was concerned about getting the mental health, Queensland Health already balance right. I met with a number of the provides detailed financial reports to the people whose circumstances have been annual National Mental Health Report, which is described so passionately in this House. As a publicly available. result of those meetings, a discussion paper Mention was made of deaths. At the on the role of victims of crime committed by a systems level, the Mental Health Facilities mentally ill offender was released for wide Mortality Committee, which was formed by me community consultation. This did lead to in 1998, is empowered under section 154M of delays and to quite significant changes in the Health Act 1937 to investigate deaths of these sections of the legislation, and I make patients at Queensland mental health facilities. no apology for that, because I believe it was In addition to these measures, the Director of essential to take to heart the messages from Mental Health is notified of all deaths of those people and address their needs in this persons receiving or having recently received a Bill. mental health service. In addition, all I know the Bill can never totally satisfy honourable members should know that the their wishes. No-one can undo the harm that coroner is required to be notified of all deaths has been done or the hurt they have suffered that may have occurred as a result of suicide. I and no-one can bring back their loved ones. I will not demean this office by giving credence will not pretend that I can. What I have tried to to the member for Maroochydore's attack on do is balance the rights of individuals who the honesty and diligence of Queensland have a mental illness and at the same time do Health staff and public servants and in everything possible to protect the community. particular her continuing attacks on the But it is a bit rich for the Opposition Director-General of Health. spokesperson to suddenly discover victims and Miss SIMPSON: I rise to a point of order. to demand more when previously this whole I have not cast a slur on staff. I have asked for issue was abandoned by members opposite an independent audit such as was carried out without one line or one word about the effects five years ago, which also indicated that there on victims or any method of dealing with those was a problem with funding and standards. effects. There was no attack on staff. Perhaps the worst inaccuracy is the claim Mr DEPUTY SPEAKER (Mr Kaiser): by the Opposition that research shows that Order! There is no point of order. there is a high correlation between violent crime and mental illness. This is the sort of Mrs EDMOND: A range of assertions cast untrue assertion that does great harm to those slurs on staff, indicating that they could not be with a mental illness and increases the trusted to report— prejudices against them. A significant body of Miss SIMPSON: I rise to a point of order. research indicates that people with a mental The Minister's comments are offensive and illness are less likely than the general untrue, and I ask that they be withdrawn. population to commit crimes. The far greater majority of violent crimes are committed by Mrs EDMOND: I withdraw. people who do not have a mental illness and In relation to some of the specific issues who are just bad people. For example, in a raised, the area of intellectual disability is a one-year period—1996—only 60 people were difficult one. The Bill provides for detention in a found to be of insane mind in respect of mental health service of people with an violent offences whereas 7,760 people were intellectual disability who are found to be of convicted of similar offences in Queensland. unsound mind. This is necessary because This represents a ratio of 129 to 1, or 0.77% of there is no other system that provides for the all violent offences disposed of by the courts. detention of these people. The system in the As always, the member for Maroochydore Mental Health Bill ensures the safety of the runs around calling for independent audits of person and the community, because mental 1232 Mental Health Bill 18 May 2000 health services are the most appropriate place In 1997 Bundaberg had 49.6 full-time of care at this time. equivalents. It how has 62.6. The number of mental health staff in the Bundaberg/Fraser In respect of criminal compensation, the Coast area has almost doubled, from 54.6 in Criminal Offence Victims Act 1995 was 1997 to 101.7 in 2000, and still the only thing enacted in December 1995. Under Part 3 of the Opposition can do is whinge about it. the Act, victims of offences committed by Unused new initiative funding does go back for persons with a mental illness may seek an ex reallocation, as always, and that is for a very gratia payment of compensation from the good reason: that puts pressure on the district Attorney-General. To suggest a scheme managers to perform, to implement new outside that provided by the Criminal Offence initiatives and not to squat on funding and use Victims Act would be unnecessary and is it for other reasons. In Bundaberg's case it was clearly a duplication of what is now properly reallocated to upgrade the accommodation for available. the new expanded mental health staff. The There was much talk about resourcing, in new staffing initiatives start again at the particular in rural and remote areas. I draw the beginning of the next financial year. attention of the House to the fact that an extra Turning to some of the contributions of $26m was provided in the 1998-99 Budget to the other members, I was disappointed to hear fund more than 200 new positions in mental the member for Burleigh repeat many of the health services throughout Queensland. I am untrue allegations of the member for advised that only 21 of these positions are still Maroochydore. I was disappointed because vacant. Most of these positions relate to extra the member for Burleigh is usually a specialist staff for regional and rural areas and reasonable human being and I am sure that, to enhancing in-patient and community mental when she reads the letter and knows how health services. Recruitment problems in some badly she has been used, she will be areas have led to innovative outreach embarrassed. arrangements and also to increased The member for Mooloolah raised the cooperation with other services, such as the question of retrospectivity of the forensic GPs through the GPAP program that I provisions. The provisions are not launched last year. retrospective. However, the new provisions will So what do the extra funding and apply to those patients who are detained resources mean on the ground for under the old provisions of the Mental Health communities? In towns such as Weipa, Act 1974, for example, when they come Longreach, Emerald and Warwick, where there before the Mental Health Review Tribunal in have never been mental health services, I am the future. The member for Mooloolah raised a delighted to report that positions have been number of other questions which seem to filled. The member for Maroochydore imply that, not only had he not read the Bill or mentioned our services in Bundaberg and the Explanatory Notes, but he also had not district. She regularly uses Bundaberg as an read my introductory speech, which I believe example of the dreadful things that I as answers all the questions he asked. I would Minister am supposed to have done. Let us suggest that he now reads it before opposing look at the Fraser Coast/Bundaberg area, the Bill. which was significantly underresourced. From The member for Caboolture raised memory, it had the worst mental health staff to concerns about the role of police with the population ratio in Queensland when I took mental health provisions and the difficulties office. In 1997 on the Fraser Coast there were they face, and I acknowledge them. It has five full-time positions in community mental been a very difficult area. I am not saying that health. In 2000 there are 39 full-time we have solved every problem, but I hope we equivalent positions—12 in community mental have solved some of them. I acknowledge his health and 27 in the new in-patient unit. Fraser positive comments regarding the briefing by Coast used to be covered by Bundaberg Queensland Health staff and his support for psychiatrist Dr Marsh May and his team. In this new Bill. fact, they covered an area, as mentioned by The member has touched on a very the member for Barambah, from Kingaroy to sensitive point: how difficult it is to draw the line Miriam Vale. I know how stretched they were. between respecting a person's privacy and The member for Bundaberg and I met them at rights and the perceived need for treatment. the Bundaberg Community Cabinet before this He also sought clarification on the powers of Government put a record $29m into mental the ambulance and police to transport a health funding. patient. When a patient is being taken to a 18 May 2000 Mental Health Bill 1233 mental health service by police, an ambulance be accompanied by a recommendation of an officer or a mental health worker can take over experienced mental health professional before the transportation of that person when it is no a person can be assessed, the Bill also longer necessary for the police to be involved. provides a penalty of 40 penalty units, or The Bill enables this to occur by empowering about a $3,000 fine, against making any the mental health practitioners and ambulance document vexatiously or falsely. The Bill also officers to transport a person to a mental makes it easier for a person to be charged with health service for assessment and treatment. such an offence. It should be noted that, under the Ambulance The member for Fitzroy also asked Service Act, ambulance officers do have the whether honorary ambulance officers have the power to enter places in an emergency if they same powers as ambulance officers under the believe a person's life is at risk. So they can do Bill. Under the Bill an ambulance officer is it at that time. defined as an ambulance officer appointed The member also raised the issue of under section 13 of the Ambulance Service administering medication in the home. This Act 1991, and this defines an ambulance was an issue that was discussed quite officer as an officer employed on a salary or extensively in the consultation period, and the wage or engaged and employed under Bill proposes that a person can be treated contract, which does not include an honorary involuntarily only within a health service and ambulance officer. not in their home. This is to safeguard against I am grateful to the member for the person losing the sense of control over Gladstone for her support for the Bill. The their home environment and the risk of abuse member has raised the issue of whether rural and poor quality care due to inadequate and remote patients will be disadvantaged by supervision and oversight. It also, of course, the provision of giving seven days' notice to avoids an extra burden being placed on members before a hearing of the Mental carers. Health Review Tribunal. The provisions relating The member for Caloundra identified the to notice provide for at least seven days' notice need for longer term accommodation. I was to be given of a hearing. The requirements of pleased to hear her support for such natural justice ensure procedural fairness. community care accommodation on the Accordingly, if a patient is disadvantaged by Sunshine Coast. I am pleased to advise her receiving notice only seven days before a that 20 beds are due to open at Lady hearing, the tribunal would be required to Musgrave House in December 2000. remedy that situation by granting an Regrettably, this much-needed service was adjournment of the matter. In relation to the opposed and delayed by the member for requirement that a psychiatrist sit on the Mooloolah. Lady Musgrove House is one of a Mental Health Review Tribunal, this is required number of community care facilities under except when a psychiatrist is not readily construction, the others being at Strathpine, available, and in those circumstances another Redcliffe, Windsor and Kippa-Ring. experienced medical practitioner can sit on the The member for Lockyer—and I note he panel. supports the Bill—raised the question of single- The member for Callide queried the member panels. The provisions in the Bill were resource requirements for the Mental Health provided to ensure that the system was Review Tribunal. The provisions have been effective throughout Queensland. However, based on the Victorian legislation. The major safeguards are provided to ensure that implementation of the proposals involve an there are not inappropriate hearings involving extrapolation of the Victorian model. The single-member panels. For example, for requirement for extra positions will be taken reviews, single-member panels can occur only into account. if the president of the tribunal is satisfied that it I have indicated that there has been a is in the patient's best interests and it is long gestation period for this Bill, and I am appropriate and expedient to do so. happy to acknowledge the efforts of many The member for Fitzroy raised the people who have contributed, including the important point about safeguards against long list of previous Ministers: McElligott, someone providing vexatious information. The Hayward, Elder, Beattie and Horan. I also Bill provides a number of safeguards against acknowledge the contribution of Queensland inappropriate or vexatious requests for a Health staff, especially Harvey Whiteford for his person's involuntary assessment, and these original work, both in Queensland and at the were further identified by the member for national level, and also his supportive critique Lytton. Apart from requiring that the request while inaugural head of the Mental Health 1234 Mental Health Bill 18 May 2000

Program for the World Bank. I also admissible in a criminal court of law, such as acknowledge the current Director of Mental previous history, may be heard. I do not know Health, Peggy Brown, and Queensland Health how many members have ever read stories of staff. I also noted the very positive remarks rape cases, in particular, in court where the made by many members, including those history is one of continuing attacks and opposite, about the assistance they receive violence. However, that is not allowed in the from Queensland Health and my staff, and I court hearing and only the evidence related to am pleased to hear those remarks. the particular case that is being heard is Most of the other issues raised by the allowed. member for Maroochydore have been well In this case the history of the patient can canvassed and investigated during the be discussed. The mental state of the patient evolutionary development of the Bill. The can be discussed. There can be a range of issues she is now raising are not new and evidence. It is also important that the bias of have all been well considered and experts engaged by the defence is taken into incorporated into the Bill where we believe it account. The Mental Health Court was appropriate. commissions its own independent The member for Warwick raised some examinations of any person referred to it. In a issues about whether or not it was appropriate jury trial, the defence choose the experts who at this late stage—after seven years of examine the accused and the defence call consultation and seven years of that expert evidence. I would say that many of development—to stick with the idea of a them are very expert in deciding which experts separate court or tribunal as it was in the past they will call. This is an important fact. In many and deal with it. These are issues that have ways it makes it easier not only on the people been around and raised over and over again who have a mental illness and who have and were raised in 1996. I have to say that committed a crime but also on those who are when I was a backbencher and in Opposition I trying to get to the truth of the matter of their met and talked to some of my now colleagues mental illness without being subjected to the and their predecessors in other States. We many tricks that can be played. discussed this issue about whether The fact that this matter is not tested Queensland or the other States had the right before a jury does not prevent rigorous testing model. I have to say that most of the people of the evidence from taking place in an open to whom I talked said that they believed that and accountable forum. One thing this Bill Queensland had the best model, even with does do is make it quite clear that, where there the problems it had at the time. However, most is a dispute of fact, whether that fact is even of them said that the reason they could not go whether or not the person has a mental illness, along with the Queensland model was that the it must then be referred to the criminal court. lawyers in their areas would never let them do The other changes that we have made are it because it would cut so many lawyers out of designed to make the system far more open. the system, and I see a few smiles around the The evidence given by the assisting House. I guess it was a brave move made by psychiatrist is now given openly. There is a the then Minister for Health, Mr Austin, back in whole range of improvements to the model 1985, I think it was. He clearly made it without which keep the benefits of the current that thought in mind. I congratulate him on it. inquisitorial system while at the same time The reforms that are proposed in the adding other benefits as well. Most Mental Health Bill change what was wrong with importantly, victims will be able to provide the system and keep what was right. A information to the Mental Health Court that is separate body to determine criminal relevant to the determination of the judge. responsibility is retained, and the reasons for As I indicated, the examples given by the retaining that are very important. The Mental Opposition throughout highlight the problems Health Court, the separate body, will retain the of the current Act. These were problems that inquisitorial powers of the previous mental needed to be addressed carefully and Health Tribunal. One of the things this does is humanely to achieve what I believe we now that it actually makes it easier for people to have, that is, a well-balanced Bill. I intend to give evidence regarding a person's state of move a number of amendments that merely mind, etc. The greatest advantage is that it is correct some technical matters that have been not constrained by the technicalities and identified by Parliamentary Counsel and vagaries of the adversarial system where so departmental officers since the introduction of much can depend on how clever a person's the Bill. I circulated those yesterday. I lawyer is in finding loopholes. In fact, a lot of understand that the member for evidence which would otherwise not be Maroochydore has also had a copy of those 18 May 2000 Mental Health Bill 1235 since yesterday. One corrects a grammatical liability for prosecution for an offence under the error; another an incorrect cross-reference. The Act. However, there is a later section in the Bill final amendments make the Attorney- which I have a lot of concern about relating to General's right of appeal against decisions of notification orders. Somebody who has the Mental Health Review Tribunal in relation received a notification order with regard to an to forensic patients consistent across all offender can suffer prosecution if they breach decisions of the tribunal. The Attorney- the terms of that notification order. General's right of appeal against decisions on In brief, notification orders are supposed applications for forensic patients to move out to assist people, particularly victims of crime, in of Queensland was inadvertently omitted order to gain access to information about the during drafting. The amendment ensures that offender who has offended against them but this will now be the case. who is mentally ill and has proceeded through One final matter that was raised again by the mental health system. I believe it is an the member for Warwick related to firearms. irony that there are provisions allegedly to help One of the major safeguards against the victim, but in fact they can find themselves inappropriate granting of licences is a in breach of the law and yet there does not requirement that a person be a fit and proper seem to be anything written in the legislation person. A wide range of considerations are about the standards that the department has taken into account in determining whether a to adhere to in upholding those notification person is a fit and proper person. That would orders and properly notifying the victim. enable those decisions that he was so Mrs EDMOND: The standards of how concerned about to be made. I commend the public servants act and comply with their duties Bill to the House. are set out in the Public Sector Ethics Act Motion agreed to. 1994. There are provisions for penalty if they abuse the standards in the Public Service Act 1996 which govern the behaviour of public Committee servants in these matters. The issue of Hon. W. M. EDMOND (Mount Coot-tha— notification is a very vexed one. One of the ALP) (Minister for Health) in charge of the Bill. things that has not been considered is that Clause 1, as read, agreed to. some people do not want to know. They want to get on with their lives. They do not want to Clause 2— know every action taken by a person who has Miss SIMPSON (4.35 p.m.): In relation to affected their life in the past. Some people just clause 2, which of course refers to want to get on with their lives and not hear commencement, I ask the Minister to give an anything more about it, and that has to be indication to the Committee as to when she taken into account as well. There certainly are expects the Act to be proclaimed. We all provisions within the Public Sector Ethics Act recognise that this is fairly complex legislation 1994 about the performance of official duties and involves quite a dramatic change in many in that public officials should exercise proper respects compared with the previous diligence, care and attention and seek high legislation and will require significant standards. If they do not, there are provisions regulations to be drafted, as well as training of in the Public Service Act 1996. mental health personnel, let alone police, Clause 3, as read, agreed to. ambulance officers and other members of the community whom this touches upon. I seek Clauses 4 to 7, as read, agreed to. the Minister's advice as to when she envisages Clause 8— this Act being proclaimed. Miss SIMPSON (4.39 p.m.): This clause Mrs EDMOND: We expect the Act to refers to the administration of the Act which come into place, after all the training, etc., in raises concerns about the training of staff, as about 18 months. There is a long training well as the minimum standards of the State's period involved. mental health facilities and services. I already Clause 2, as read, agreed to. raised in the course of debate on the second reading the issue of an independent audit Clause 3— undertaken about five years ago which Miss SIMPSON (4.36 p.m.): Clause 3(2) indicated that the 75 mental health facilities in states that the State is not liable for the State did not come up to the minimum prosecution for an offence. I wish to highlight standards. This is a matter of concern. We are this clause, which is probably not that unusual dealing with people who are extremely in Government legislation, to draw attention to vulnerable. We are dealing with a significant the irony that the State can excuse itself from change in the way that mental health services 1236 Mental Health Bill 18 May 2000 are delivered and a recognition from Queensland mental health services are Governments at all levels that there have to be meeting the minimum national standards? I significant funds applied to improving mental understand the Minister when she speaks health services and to put a focus on about there being a change in standards. I community-based services. imagine that the existing minimum standards However, as I have mentioned, people remain until the new standards are in place. I who are mentally ill are people who are in believe there has to be information available to the Minister as to whether the facilities meet need of help. They are in need of best quality the existing minimum standards. If the services. The concern that was raised in the standards have been raised, that is well and audit undertaken five years ago was that good, but we still need to know whether the minimum standards were not being met and previous minimum standards have been met. there was an onus on the Government to seek Surely that should be the first step. With the to address that. I reiterate my call for another transition to these new national standards, will independent audit. I think it is a healthy the public have access to that information? I process, given the previous problems in believe this is all about bringing about delivery of mental health services. We have accountability and better outcomes in health. I alluded to the Ward 10B situation, but then seek the Minister's answer. only five years ago—well after the Ward 10B situation, after the Carter inquiry—an audit was Mrs EDMOND: It goes into the National undertaken that indicated that there was a Mental Health Report, as I said before. problem with minimum standards not being Clause 8, as read, agreed to. met by mental health facilities in Queensland. I think that is extremely significant. I believe the Clauses 9 to 12, as read, agreed to. question is worthy of an answer. Do all of Clause 13— these facilities now meet those minimum Miss SIMPSON (4.43 p.m.): I seek the standards? Minister's advice with regard to references in Mrs EDMOND: The standards have this clause to the Guardianship and changed. Queensland's minimum service Administration Act 2000. I ask for an standards for mental health services, which the explanation as to why this provision has been member quite rightly indicated were in place written in this way, as it seems that it is actually under the Labor Government, have now been excluding guardians from the process. superseded by the national standards for Mrs EDMOND: It does not exclude mental health services. All health service guardians from being involved. It does mean districts are in the process of transition to those that guardians cannot consent on their own to new standards. involuntary treatment. There is a whole different range of criteria. Clause 13, as read, agreed to. Obviously it will take some time to progress to Clauses 14 to 89, as read, agreed to. them, but it is under control. The 18 districts are to meet and maintain all four priority areas Clause 90— by June of this year and progress from there. Mrs EDMOND (4.45 p.m.): I move the We are going through a transitional period, following amendment— both in the issuing of those standards and in "At page 70, line 21, 'or the development of mental health services imprisonment or'— across Queensland. omit, insert— Miss SIMPSON: I thank the Minister for 'of imprisonment or period of'." her answer. Will there be information about whether those standards are being met in all Amendment agreed to. of those facilities in the report to Parliament of Clause 90, as amended, agreed to. the Director of Mental Health, by the Minister Clauses 91 to 119, as read, agreed to. or by other means? Clause 120— Mrs EDMOND: It is a requirement of the Miss SIMPSON (4.46 p.m.): I seek Australian Health Care Agreement that all clarification from the Minister as to why it takes services undergo external accreditation. That is seven days to give written notice of a change a process that is currently in place. That will of category, given that a person may have occur. been admitted. What was the reasoning Miss SIMPSON: I seek a clarification from behind allowing seven days to actually give the the Minister. Will it be published whether the written notice? 18 May 2000 Mental Health Bill 1237

Mrs EDMOND: That is just a standard they have been in need of the appropriate provision to allow time for the patient to mental health treatment. However, I believe appeal. that we need to strike a balance by providing Clause 120, as read, agreed to. these people with adequate escort services so that we can ensure that they remain in Clauses 121 to 131, as read, agreed to. treatment. We have heard of forensic patients Clause 132— who have absconded while on leave. They Miss SIMPSON (4.47 p.m.): I move the have caused a great deal of concern to the following amendment— community. As a result of absconding, their own treatment has been very abruptly "At page 88, after line 19— interrupted. The coalition wants to see that insert— issue appropriately addressed by ensuring that '(aa)a forensic patient;'." these people are escorted. This amendment seeks to toughen up the Mrs EDMOND: The member is having a provisions of the Mental Health Act in regard to problem with the old Act. These are the very forensic patients. These are patients who have provisions which have been changed quite committed a criminal offence— dramatically. In the past there was no, I guess, enforcement of the view that protection of the Mrs Edmond: We do not have a copy of community had to be a major consideration the Opposition amendments. when looking at whether a person was able to Miss SIMPSON: They were distributed be treated in the community or not. Previously, and I signed for their distribution this morning. there was no provision for community This amendment seeks to toughen up the treatment under an involuntary treatment provisions of the Mental Health Act in regard to order. forensic patients. These are patients who have Escorted leave is now part of the limited committed a criminal offence but who may community treatment. It is defined as taking have been found unfit to stand trial or of some treatment or rehabilitation in the unsound mind at the time of the offence. An community other than under the community amendment to clause 132 follows on from this category of an involuntary treatment order. It is amendment. a staged response to people who are The categories of patients who are considered to be at risk leaving the unit. It is entitled to or who must have escorted leave for a specific period. It strengthens the power are a matter of concern. The Bill contains a of the Mental Health Court or the Mental limited category of patients who must be Health Review Tribunal to impose conditions of escorted on leave. The coalition is seeking to limited community treatment. One of those strengthen those provisions to ensure that conditions can be that the person must be forensic patients are escorted. Further to that, escorted. the conditions of the escort require certain However, as an added safeguard, limited higher thresholds and consideration should be community treatment will only occur after the given to whether more than one person from assessment has been made at the particular the health service should actually be providing time as to the mental state of the patient and the escort. a consideration of the patient's clinical needs This amendment arises from the many in relation to rehabilitation. The safety of the concerns raised with me by people in the community has to be taken into consideration. health sector and the community regarding This Bill contains a number of provisions forensic patients who have been on dealing with the authorisation of limited unescorted leave or who have had inadequate community treatment. These will be effective in staffing provided as part of that escort and ensuring the protection of the community and who have subsequently gone absent without the rehabilitation of the patient. The leave. We are talking about certain categories Government does not accept the Opposition's of patients who have come into the mental amendment. health system by way of the fact that they Miss SIMPSON: Speaking further to the have been charged with an indictable offence. Opposition's amendment, I wish to place on We are not talking about lightweight the record that what we are seeking to do is issues; we are talking about issues relating to ensure that all forensic patients who are people who have committed serious offences. undertaking limited community treatment have Instead of proceeding through the criminal a level of escort. This recognises that they are justice system, these people have proceeded still forensic patients under a current forensic through the mental health system because order. The escort is provided so that the 1238 Mental Health Bill 18 May 2000 patient's treatment options are available while with regard to the appropriate level of security ensuring that the person remains in treatment. being provided to mental health patients who This recognises the concerns that have been are on escorted leave. As alluded to in the expressed to me by people in the health previous amendment, the coalition also has sector and in the community. Many patients concerns about the appropriate level of have absconded while they have been on security of patients who have escorted leave. leave. This refers to people who are classified I was very disappointed to find that the as forensic patients. They are in an authorised Government did not believe that people who mental health service. It is possible for those have been charged with indictable offences people to go back into the community without should not have that appropriate level of an escort. That is the crux of the coalition's security when they are undertaking treatment concern. The coalition seeks to provide people in the community. The coalition feels that that with the appropriate treatment while ensuring issue must be addressed. that all safety issues are appropriately dealt with. However, in regard to this amendment, mental health workers in this area have raised Question—That Miss Simpson's with me the concern that it is all too easy for amendment be agreed to—put; and the the administrators of facilities to look at their Committee divided— budgetary pressures and decide that they AYES, 38—Beanland, Black, Borbidge, Connor, would downgrade the security needs and, in Cooper, E. Cunningham, Davidson, Elliott, Feldman, order to save money, to not have more than Gamin, Grice, Healy, Hobbs, Horan, Johnson, Knuth, one person providing security for a patient on Laming, Lester, Lingard, Littleproud, Malone, escorted leave. It really concerns me that the Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, decisions that are made take into account the Santoro, Seeney, Sheldon, Simpson, Slack, financial difficulties of a mental health Springborg, Turner, Watson, Wellington. Tellers: Baumann, Hegarty institution more than the security needs of the community and the appropriate security needs NOES, 39—Attwood, Barton, Beattie, Bligh, Boyle, of the patient. If the patient is absent without Braddy, Briskey, J. Cunningham, Edmond, Elder, leave or if the patient is not attending their Fenlon, Foley, Hamill, Hayward, Hollis, Kaiser, Lavarch, McGrady, Mickel, Miller, Mulherin, community-based treatment, then their Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, treatment options are also extremely limited. Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, I believe that, as outlined in the Schwarten, Spence, Struthers, Welford, Wilson. amendment, it is absolutely imperative that the Tellers: Sullivan, Purcell administrator, in determining the level of Resolved in the negative. security escort, has regard to the person's Miss SIMPSON: I move the following treatment, security requirements and the amendment— seriousness of the offences with which the patient has been charged, or for which the "At page 88, lines 25 to 27— patient is serving a sentence of imprisonment omit, insert— or a period of detention. '(2) The administrator of the patient's As I mentioned, it is a major concern treating health service must ensure the when I hear stories from people who have patient, while undertaking limited been involved in providing professional care community treatment, is accompanied by and treatment to patients about patients who at least 1 employee of the health service have not received the appropriate level of in which the patient is detained. security escort that they require. That creates a security risk for the staff who may be part of '(3) The administrator must decide how that escort. That recent incident in relation to many employees are to accompany the Janaya Clarke's murderer is well and truly on patient having regard to the following— the record. That person was picked up after (a) the person's treatment and security once again escaping. I believe that was while requirements; that person was on leave. I may be corrected (b) the seriousness of the offences with on that. However, there are many examples which the patient has been charged where people have actually absconded— or for which the patient is serving a Mrs Edmond: He hadn't got far. He'd only sentence of imprisonment or period just got out. of detention.'." Miss SIMPSON: The Minister said that he This amendment also refers to clause had not got far; he had only just got out. I do 132. As alluded to in the previous amendment not think that is good enough. I think that if the that the coalition moved, we have concerns Minister talked to the family of that young 18 May 2000 Mental Health Bill 1239 murder victim, she would find that they also situation in which forensic patients—people agree that it is not good enough to say that who have been charged with indictable that person had only just got out and did not offences—are able to, even in relatively short get very far. periods, gain limited community treatment and The concerns are that too many incidents then go out on that treatment without the have occurred, whether it is people going appropriate level of escort. absent from grounds when they had ground Through this amendment, the Opposition leave, or absent under escorted leave. In this is seeking to ensure that security measures clause, I am referring to limited community have to be taken into account more seriously treatment and the need for appropriate than they are. If they are simply left as they security to be provided to forensic patients— are, somebody can say, "It is too expensive for people who have been charged with indictable us to have two people on an escort", or, "It is offences—while they are receiving treatment in too expensive for to us have one person." the community. As we know, these treatments Mental health staff—people who have worked are being approved sometimes only a matter in these facilities—have told me how of months after people have been put in concerned they have been that people at a detention in the mental health facility. That is higher level in the Health Department have not where the greatest concern of the community listened to their concerns about providing the lies—that decisions are being made that do appropriate security for people whom they not take fully into account the security needs have nursed 24 hours a day and whom they of not only the patient but also the staff and have come in contact with on a much more the community. regular basis than has the Minister. Those Mrs EDMOND: Queensland Health staff people have been concerned that the patient take the security of people who are a risk to gets the best treatment. However, they have the community very, very seriously. What I was also been concerned because they have saying about the person that the member known that there has not been the appropriate mentioned was that he was not on leave. He level of security that they have requested. did escape, and the staff took it so seriously Those people have felt that their security that he was back in within a very, very short concerns were ignored, even to the point—as period. That is how seriously they took it. we have seen time and again—at which staff have found their own safety issues ignored Certainly, it is a slur and a serious and they have suffered quite severe attacks. allegation that staff are putting funding interests before the security and safety of I am talking about people who are trying community members. I think most people who to do their best to serve the needs of the are working in difficult circumstances in mental patient. However, it is well known that there health facilities around Queensland will be very have been a number of attacks upon staff. I disappointed that people are spreading stories think that it is about time that their security to the effect that they are putting funding concerns were addressed. considerations before the safety and security This amendment tries to address the of the community. concerns of those people who are providing The conditions applying to the granting of that service and care, who are not operating at leave are the same as those that apply in the higher echelons of the Health Department. determining whether or not a person may They are not sitting in a corporate health office remain in the community, having regard to the near the Minister's office in an ivory tower; they safety of the community as a major factor. For are providing that care. Too often, they are the that reason, we believe that the Opposition ones who find that, when their security has highlighted once again the problems with concerns are raised, they have a Minister such the existing legislation. The member has not as this one who says, "No, they are not given full credit to the changes that are important. This does not happen." contained in this Bill. I think that the Minister should consider Miss SIMPSON: I would have to disagree those people's workplace health and safety with the Minister in that there are still major concerns and listen to the complaints of the concerns that security matters will not be dealt staff who have been attacked. I think that it is with if the provisions relating to escorted leave time we started listening to their security are not tightened. Those matters have not concerns. Perhaps we should take into been addressed adequately in this Bill. I urge consideration that, when those people say that all members, including Government members, there needs to be higher levels of security to consider this amendment, because it is provided with an escort, we should listen to designed to ensure that we do not have a them. 1240 Mental Health Bill 18 May 2000

Mrs LIZ CUNNINGHAM: In speaking to patient's response to treatment and the this amendment, I want to seek some patient's willingness to continue treatment. clarification from the Minister. I support the Having somebody who is totally unwilling to intention of this amendment, simply because I continue treatment is very different from believe that it reflects the community somebody who has recognised that they have expectation of somebody who is released for a a problem, is willing to be treated and is going defendable reason—to have treatment or to back into limited community treatment with a have some other procedures carried out. I family which is also able to provide supervision. think that, if we asked people in our Decisions need to be made on a case-by- community whether patients should be case basis taking into account different factors. accompanied, the majority would answer: yes. The security of an individual patient under If we asked people in our community escort is ultimately not something that we can whether patients should be accompanied, the legislate for. It must be left to the discretion of majority would answer: yes. Conversely, if a those people who know their mental status patient was on leave for a defendable reason and who have an understanding of the acts but was unaccompanied, the community they have committed and what is trying to be would ask why someone was not with them. I achieved at that particular point in time. We would be interested to know whether the keep hearing that this may be a month or two Minister has some concerns about this after they have committed some dire offence. particular amendment. I believe it reflects It may be 20 years down the track. community expectation. Miss SIMPSON: I would like to put on the The previous speaker talked about the record that the concerns being expressed are safety of staff. That is an element to be a result of people receiving community considered as well. That is taken into account treatment or being let out into the community. because it talks about the treating health We are seeking to establish clear legislative service having to determine how many principles as to the level of security required for employees should accompany a patient, people who still have a current forensic order. giving consideration to the seriousness of the These are people who have been charged offences with which the patient has been with an indictable offence. These are people charged. If patients are violent, they will not be who have a current forensic order, meaning given one escort. that they require a certain level of mental health care. Mrs Edmond interjected. There is provision in this Bill to allow those Mrs LIZ CUNNINGHAM: Would the people to move to a lower security unit, to still Minister mind repeating that interjection so that be in a mental health facility and to not be it can be recorded in Hansard? classified as somebody receiving community- Mrs EDMOND: It is totally appropriate that based treatment. We are talking about we try to legislate for this, because this is part somebody who is receiving community-based of a planned treatment. The release of treatment. We are saying they must have an someone who has been in a secure unit for appropriate level of escort. This is a far more many years needs to be staged. Maybe I am sympathetic amendment than the provision in being ridiculous, but the first time they are the Corrective Services Act. I think it is released they might have half a dozen escorts. appropriate that I refer to what is in the They may need to be weaned over the years Corrective Services Act, which makes it very until they are considered safe. Then, as a clear who the chief executive can or cannot result of ongoing tests which take into account grant a leave of absence to and the conditions their mental status, they may be gradually under which they must have an escort. weaned down to none. If we legislate that they Section 61(2)(b) of the Corrective Services must always have escorts, that means we can Act talks about the conditions under which a never wean them off. We say that this would prisoner may be released. Subsection 2(b) be inappropriate legislation. says that a prisoner released under subsection In making a decision to order or approve 2(a) may only be released under the control of limited community treatment, the Mental a custodial corrections officer. "Prisoner" in this Health Court or the Mental Health Review case is somebody who is serving a sentence Tribunal must have regard to the patient's for an indictable offence for a serious violent mental state and psychiatric history, each crime. The coalition is proposing that mental offence leading to the patient becoming a health patients can still receive treatment but forensic patient—that is, how dangerous they that they have a secure escort. There is a are—the patient's social circumstances, the provision for the number of escorts to be 18 May 2000 Mental Health Bill 1241 reduced, but they should still have a minimum Clauses 133 to 165, as read, agreed to. of one. Clause 166— Dr PRENZLER: I would like the Minister to Mrs EDMOND (5.27 p.m.): I move the clarify an issue in the amendment proposed by following amendment— the Opposition. Is the Minister saying that patients may need six people to look after "At page 100, line 18, '203(2)(c)'— them, or one? Is it a graduating form of omit, insert— release where there may ultimately be no '203(2)(d)'." escorts? The Opposition's amendment is proposing to put all of that into the legislation. Amendment agreed to. Mrs Edmond: It is currently there. They Miss SIMPSON: I move the following can order that now. amendment— Dr PRENZLER: Under this Act or under "At page 100, after line 18— the old Act? insert— Mrs Edmond: Under the Bill before the '(4) However, the director must not order Chamber, the court can order that now. the transfer of a patient from a high Miss Simpson: Under what section? security unit to an authorised mental Mr Beanland: Where is it spelt out? health service that is not a high security unit other than on the order of the Dr PRENZLER: To my way of thinking, the tribunal.'." Minister's response to the amendment is precisely what the Opposition is asking for. This amendment pertains to clause 166. Mrs Edmond: We don't see that the By way of explanation, I point out that, when Opposition is adding anything to the Bill. members read clause 167 of the Bill, they will see a fairly explicit explanation of what is Dr PRENZLER: It goes on to say that the required to transfer a patient to a high-security number of employees who should accompany unit. However, the Bill is not at all specific in a particular patient depends on the person's relation to downgrading someone's security; treatment and security requirements. The that is, the conditions for downgrading Minister has commented on that. someone from a high-security unit to a lesser Subclause (1)(b) mentions the seriousness of security classification. Why have the conditions the offences with which the patient has been concerning transferring someone to higher charged or for which the patient is serving a security units been spelled out without the sentence of imprisonment or period of same provision being made in respect of detention. To me, what has been said by way downgrading someone from a high-security of explanation by the Minister is precisely what unit? The coalition seeks to address this the Opposition amendment is asking for. I anomaly with our amendment to clause 166. cannot see what the problem is, unless the Minister can explain it somewhat differently. Clause 167 provides a higher threshold for decisions made to upgrade a patient's Question—That Miss Simpson's security requirements than there is in respect amendment be agreed to—put; and the of downgrading them. As I said, this raises Committee divided— questions. Any decisions to downgrade a AYES, 38—Beanland, Black, Borbidge, Connor, person's security requirements are a serious Cooper, E. Cunningham, Davidson, Elliott, Feldman, issue and relate not only to the treatment Gamin, Grice, Healy, Hobbs, Horan, Johnson, Knuth, needs of the patient but also to the safety of Laming, Lester, Lingard, Littleproud, Malone, those who treat them in the wider community. Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, The coalition's amendment seeks to make the Springborg, Turner, Watson, Wellington. Tellers: downgrading of a forensic or classified Baumann, Hegarty patient's high-security requirements a matter NOES, 39—Attwood, Barton, Beattie, Bligh, Boyle, for a direction of the tribunal rather than the Braddy, Briskey, J. Cunningham, Edmond, Elder, director so as to provide a more thorough Fenlon, Foley, Hamill, Hayward, Hollis, Kaiser, review of these decisions. Lavarch, McGrady, Mickel, Miller, Mulherin, Mrs EDMOND: Once again, this is an Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, attempt to interfere in a clinical decision. The Pitt, Reeves, Reynolds, Roberts, Robertson, Rose, decision to transfer a patient is a clinical one Schwarten, Spence, Struthers, Welford, Wilson. Tellers: Sullivan, Purcell which should take into consideration all of the matters involved in the treatment and security Resolved in the negative. needs of that patient. The proposed scheme Clause 132, as read, agreed to. provides that it is not simply the patient's 1242 Mental Health Bill 18 May 2000 treating doctor who authorises the transfer. Director of Mental Health, if the patient is a The Bill provides an added safeguard of an forensic patient, the Mental Health Review independent review of the transfer decision for Tribunal must give the Attorney-General the forensic patients. Only the Director of Mental reasons for the decision within seven days of Health or the Mental Health Review Tribunal receiving a request from the Attorney-General. can authorise such a transfer. This ensures that the Attorney-General is in a Miss SIMPSON: This proposed section position to launch an appeal about transfers states that the mental health service and the within the required time. director must order the patient's transfer. The Mr BEANLAND: I thank the Minister for coalition is seeking to set a higher threshold on that. I was here when the Minister stated matters to do with patients being downgraded earlier that the amendments were just from a high-security unit. This is not interfering technical amendments except for the one in with treatment decisions; it is providing for relation to the Attorney-General. However, it is treatment decisions by allowing them to go clear that this amendment is quite significant. I through the tribunal. It also makes sure that do thank the Minister for the explanation, greater consideration is given to the person's because it is very significant. I think it is an security requirements and treatment, but still important amendment. I certainly classify it as through the tribunal. more than technical. It is quite a significant Mrs Edmond: It is in section 166. It says it amendment. gives effect to the tribunal's decision. Amendments agreed to. Amendment negatived. Clause 172, as amended, agreed to. Clause 166, as amended, agreed to. Clause 173, as read, agreed to. Clauses 167 to 171, as read, agreed to. Clause 174— Clause 172— Mrs EDMOND (5.34 p.m.): I move the Mrs EDMOND (5.31 p.m.): I move the following amendments— following amendments— "At page 104, line 8, 'patient'— "At page 103, line 4— omit, insert— omit, insert— 'parties'. '(a) the parties to the proceeding for the At page 104, lines 10 and 12, 'the application;'. patient'— At page 103, lines 8 and 9— omit, insert— omit." 'a party'. Mr BEANLAND: I ask the Minister to give At page 104, lines 15 and 16— some explanation to the Chamber of amendments 3 and 4. It is customary, when omit, insert— amendments come in in this format, for the '(3) If asked to do so by a party, the Minister to indicate the reasons for the tribunal must give the party reasons for amendment to the original legislation the decision.'. circulated. We have not had any indication from the Minister of the reasons for these At page 104, lines 22 to 25— amendments. I ask the Minister to kindly give omit, insert— the Chamber the courtesy of an indication of '(6) Despite subsections (2) to (4), the the need for the amendments. tribunal must give written reasons for the Mrs EDMOND: The member may not decision— have been in the Chamber, but I previewed (a) for a forensic patient—to the the amendments and the reasons for them. Attorney-General and director if Most of them are just technical amendments, asked to do so by the Attorney- except for the one regarding the Attorney- General or director; or General. We also offered the Opposition spokesperson a briefing yesterday. (b) for another patient—to the director if Amendments Nos 3 and 4 ensure that a asked to do so by the director. notice is given to the parties to the Mental '(7) The tribunal must give the Attorney- Health Review Tribunal's decision, that a party General or director the reasons for the may appeal to the Mental Health Court and decision within 7 days after receiving the that a party may request written reasons for request from the Attorney-General or the decision. Similar to what is required of the director.'." 18 May 2000 Mental Health Bill 1243

Mr BEANLAND: Minister— Mrs EDMOND: That is covered in clause Mrs Edmond interjected. 185. Mr BEANLAND: I am not being difficult. I Miss Simpson: That is interstate, appreciate the comment that the Minister Minister. I am after Queenslanders. made across the Chamber that the Mrs EDMOND: Clause 185 covers amendments are similar to the previous ones. Queensland patients who are interstate. However, I think we need to have a clear Miss Simpson: No, in Queensland. indication for the record because, as I said, the previous amendments were quite significant Mrs EDMOND: Queensland patients in and very important. I think there is some Queensland? significance in the changes made by these Miss Simpson: That's right. amendments also. I would like some Mrs EDMOND: A Queensland patient can explanation from the Minister, please. be taken—I am not sure what the member's Mrs EDMOND: It was found that the question is. Clauses 507 and 508 cover the provisions for the Attorney-General to have a situation of a Queensland patient who is found right of appeal was covered in all aspects away without leave. except for the movement of patients interstate, Clause 184, as read, agreed to. and we believed that it was important for that to be there for reasons of continuity and Clause 185, as read, agreed to. uniformity. That is what these amendments Clause 186— are aiming to do. Miss SIMPSON (5.38 p.m.): I move the Amendments agreed to. following amendment— Clause 174, as amended, agreed to. "At page 111, line 15— Clauses 175 to 183, as read, agreed to. omit, insert— Clause 184— '(4) For a classified patient charged with or Miss SIMPSON (5.35 p.m.): Clause 184 convicted of an indictable offence or a refers to the apprehension of persons absent forensic patient, the approval must be from interstate mental health services and their subject to the condition that, during the return. Could the Minister explain the period of absence, the patient is provisions for the apprehension and return of accompanied by at least 1 employee of involuntary patients to an authorised mental the health service in which the patient is health service within Queensland? I am detained. actually seeking the Minister's explanation on '(5) The director must decide how many the provisions for the apprehension and return employees are to accompany the patient of involuntary patients. There are provisions, having regard to the following— but I seek the Minister's explanation to the (a) the person's treatment and security Chamber so that we have an understanding of requirements; the procedures and the provisions. (b) the seriousness of the offences Mrs EDMOND: Clause 184 ensures that a leading to the patient becoming a person who is absent without leave from an classified or forensic patient. interstate mental health service if found in Queensland can be returned to the interstate '(6) The approval may be given on the mental health service. The clause also allows other conditions the director considers'." for the person to be taken to an authorised This amendment deals with the temporary mental health service in Queensland if interim absences of particular patients with the care or treatment is necessary or if the person director's approval. With this amendment, the now resides in this State. coalition is seeking to once again provide Miss SIMPSON: I will repeat my question. clearer provisions and perhaps toughen up I referred to this clause because it deals with these provisions to reflect the concerns that persons absent from interstate mental health have been expressed to us by mental health services and their return. My question was workers, families and members of the actually in relation to what the provisions were community in regard to what appropriate levels for the apprehension and return of involuntary of escort should be provided to people who Queensland patients. I seek the Minister's are, in fact, forensic patients. explanation as to what the provisions and the Temporary absence is another issue that procedures are in regard to involuntary has been raised which is of concern. We Queensland patients' return. believe that, in keeping with the previous 1244 Mental Health Bill 18 May 2000 amendments, there needs to be a far stricter who will pick up the legislation and not realise approach to this. Where people have genuine that these sections refer to the Criminal Code. needs that would normally be afforded to them Mrs Edmond: It is in a dictionary at the if they were in the criminal justice system back. where there are ways of having leave but also quite clear security concerns to be met, we Miss SIMPSON: The Minister says that it believe that there also needs to be quite clear is in a dictionary at the back. When sections security measures put in place with regard to 613 and 645 are written on the page, it really temporary absences. That is why we have should say that that refers to the Criminal proposed this amendment. Code. I know people get very close to the legislation they are drafting. They have tried to Amendment negatived. do their best, but it would be a lot clearer for Clause 186, as read, agreed to. members of the public when looking at the legislation. They are not necessarily lawyers. It Clauses 187 to 203, as read, agreed to. would make it a lot easier if it was more clearly Clause 204— referenced. Miss SIMPSON (5.40 p.m.): I draw this Clause 204, as read, agreed to. clause to the Minister's attention because I Clauses 205 to 219, as read, agreed to. have some concerns with the way the Bill has Clause 220— been drafted, and this occurs in other clauses as well. Clause 204 makes reference to Miss SIMPSON (5.44 p.m.): I move the sections 613 and 645. This refers to the following amendment— Criminal Code's sections 613 and 645 but "At page 132, lines 9 to 18— does not actually say that in the legislation. I omit, insert— note that that is also a problem in latter clauses. While there are references made to '220. This part applies to a forensic Criminal Code sections in different parts of the patient.'." Bill, it is a very large Bill, as the Minister would I note that this clause also has references appreciate. If we are talking about drafting and to the Criminal Code. Clause 220 refers to presenting legislation in a way to provide the section 647 but does not clarify that it refers to most understandable legislation for the benefit section 647 of the Criminal Code. References of the public or mental health workers, there are made elsewhere in the Mental Health Bill really should have been an explanation that 2000 to the Criminal Code, but this should those sections related to the Criminal Code have been properly identified and referenced and some form of referencing. to assist in the reading of the Bill. I know the The CHAIRMAN: The question is that Minister chose not to take up my request for a clause 204— comment on that, but I would ask that in drafting of legislation these issues be taken Miss Simpson: Isn't the Minister going to into consideration. We should remember that reply to that? people who read these things are not always Mrs Edmond: You told me that you don't lawyers. There are no clauses over 600 in this approve of the drafting. Bill, but they would look at that and not necessarily know when making reference to Miss SIMPSON: Minister, I will make it a that section that it refers to the Criminal Code. little clearer. I would really appreciate the Minister's comment on the fact that, in this I want to address the issue of notification legislation, which is complex legislation, there orders. Notification orders have been touted as are several clauses that refer to sections of the the answer to addressing the concerns of Criminal Code, but it is not footnoted on those victims and anomalies between the criminal pages of the legislation that it is actually justice system and the mental health system in referring to the Criminal Code. I seek the recognising victims' rights to know certain Minister's comment on that and also her things about the offender. The coalition will be advice as to whether she would change their seeking to amend clauses 220 and 221 to methodology of drafting in future to truly ensure that victims have access to the same provide a clearer draft for people. This is information as they would have about an complex legislation. It is just that it is unusual offender who was in the criminal justice that it does not say on those pages that it system. refers to the Criminal Code. I know a lot of time The Bill before us limits conditions of has been spent drafting this legislation and notifications and also limits the kinds of staff have worked very hard, but I am looking forensic patients about whom they can be at this from the point of view of other people made. Clause 220 outlines which patients this 18 May 2000 Mental Health Bill 1245 refers to. I have concerns that it excludes circumstances of the perpetrator of their certain categories of patients and thus their offence change. Some of the victims do not victims from receiving information. The want to be advised. They want to be able to coalition is seeking to remove this doubt by get on with their lives and forget the incidents giving provision for notification orders to apply that have occurred. to all patients with a forensic order. I would It must be remembered that persons also question the Minister as to why section found not fit for trial have not had their charges 647 of the Criminal Code was specified in the determined. That is an important difference. Bill in relation to making notification orders but Accordingly, the issue of notification is not section 645. Section 647 concerns people inconsistent with the notification scheme who are acquitted on the grounds of insanity applying to offenders within the criminal justice at the time of the offence, but section 645 system. Such notifications are adequately relates to someone who is found insane during covered by the Criminal Offence Victims Act the trial and thus unfit to stand trial at that 1995, where there is a duty upon the police or time. the public prosecutor to advise complainants I ask: why did the provisions for making of the status of that matter. If the status of that notification orders, which primarily give victims finding changes, then they should be notified. information about offenders, not include Miss SIMPSON: The Minister made offenders who are found unfit under section reference to the fact that not all victims want to 645? I believe that these are anomalies, but it know. The provisions of this Act, and certainly would be far clearer to give all victims of the provisions we propose, do not conflict with offenders who happen to be forensic patients the fact that victims do not have to apply for the right to seek those notification orders. That that information. They have to actually seek a is why, through this amendment, we want to notification order. The coalition's amendment make it clear that anyone who has been a seeks to make sure that victims of an offence victim of a crime committed by a forensic committed by a patient who has a forensic patient who has a forensic order has provisions order made against them do not find under the notification orders section of the Bill themselves caught in a quagmire of to seek information. We believe that that bureaucracy where there are different kinds of should be available. notification orders which some can get and There should not be discrimination some cannot. between victims. There has been a lot of This is a simple amendment. If victims do discrimination between victims previously. not want the information, they do not have to Obviously those who were in the criminal apply for it. We are proposing a clear provision justice system found that, after suffering a by which people can apply for the information horrendous offence committed by somebody, and there is no discrimination between they were able to track through the Concerned different types of victims. If people do not want Persons Register seeking information the information, they simply do not apply for it. concerning that offender. I acknowledge that Question—That Miss Simpson's this Bill seeks to provide some provision for amendment be agreed to—put; and the victims, but it in fact does not clearly apply to Committee divided— all categories of forensic patients. If the Minister begs to differ, one would have to say AYES, 38—Beanland, Black, Borbidge, Connor, Cooper, E. Cunningham, Davidson, Elliott, Feldman, that our amendment simply makes it clear that Gamin, Grice, Healy, Hobbs, Horan, Johnson, Knuth, all forensic patients—every patient who has a Laming, Lester, Lingard, Littleproud, Malone, forensic order—should be subject to the Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, provision that their victims may apply for a Santoro, Seeney, Sheldon, Simpson, Slack, notification order so that those victims have Springborg, Turner, Watson, Wellington. Tellers: the right of access to information. Baumann, Hegarty Mrs EDMOND: We appreciate where the NOES, 39—Attwood, Barton, Beattie, Bligh, Boyle, Opposition is coming from on this, but there Braddy, Briskey, J. Cunningham, Edmond, Elder, are a number of things that have to be Fenlon, Foley, Hamill, Hayward, Hollis, Kaiser, Lavarch, Lucas, McGrady, Mickel, Miller, Mulherin, considered. The first thing that has to be Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, considered is that this legislation has been out Reeves, Reynolds, Roberts, Robertson, Rose, for quite extensive consultation. We recognise Schwarten, Spence, Struthers, Welford, Wilson. that there will be differences of opinion on a Tellers: Sullivan, Purcell number of these issues. Even in the event of Resolved in the negative. victims, there are a number of differences of opinions about how many of those victims Clause 220, as read, agreed to. want to be notified every time the Progress reported. 1246 Censure of Minister for Public Works and Minister for Housing 18 May 2000

CENSURE OF MINISTER FOR PUBLIC Works and Minister for Housing the opportunity WORKS AND MINISTER FOR HOUSING to come clean—the opportunity to respond. He Hon. R. E. BORBIDGE (Surfers is treating this Parliament with so much Paradise—NPA) (Leader of the Opposition) contempt that he has not even fronted the (5.58 p.m.): I move— House for his own censure motion. That is treating this Parliament with absolute and total "That this House censures the contempt. Minister for Public Works and Minister for Let us look at some of the other Housing for his assault on Mr Craig Brown, the husband of the Federal Labor allegations against the Minister for Public member for Capricornia." Works and Minister for Housing. There is a suggestion in the police report that the By any standards, the lack of standards of Minister's office gave the police inaccurate the Beattie Government is absolutely information as to his whereabouts when they breathtaking. By any standards, the Minister wanted to question him. So the Minister lied to for Public Works and Minister for Housing the police—and that is acceptable under the should have had the decency to submit his standards espoused by the Premier and the resignation as a Minister of the Crown and a Labor Party. The Minister's office, the Minister, member of the Executive Council. or people acting on the Minister's behalf lied to We have seen an extraordinary series of the investigating police and said that he was events that raises very serious questions as to not in town. Subsequently, the police saw him how far this emerging scandal goes across the down the street. Beattie Government. This morning in this place The Minister said that he would be we saw the incredible defence by the Premier, available for interview at 6 p.m. Then, of who referred to an incident that happened in course, he had another excuse—he was 1976 to justify his lack of leadership in the year changing his legal team and they could not 2000. Things have changed a bit since then. get to Rockhampton by 6 p.m. So again we The circumstances relating to the Minister for had a deliberate pattern of evasion on the part Public Works and Minister for Housing are the of the Minister for Public Works and Minister most serious actions relating to ministerial for Housing. propriety that we have seen in this State since We have a situation where the Premier the Fitzgerald inquiry. did not tell the truth about the seriousness of We have seen the assertion by the leader the charge. The Premier peddled the untruth who will not lead, by Mr Beattie, that a king hit that it was only common assault. If the Minister was self-defence—that someone can have a was convicted of mere common assault it crushed beer can in their hand and assault would not affect the Government's majority on someone and call it self-defence. I understand the floor of the House. that the eyewitness accounts of the incident Mr BEATTIE: I rise to a point of order. indicate very strongly that Mr Brown did not hit The comments made by the Leader of the the Minister for Public Works and Minister for Opposition are untrue and they are offensive Housing, that it was an assault on the part of and I seek for them to be withdrawn. the Minister for Public Works and Minister for Housing. Mr BORBIDGE: I withdraw, but let it be on the public record that the Premier's office was I also understand that the investigating background briefing the press gallery in this police officer determined in his report that place that it was only common assault. I guess there was justification for a charge of assault it is a bit like some of those phone calls—he occasioning bodily harm to be laid against the did not know what people close to him were Minister. If the Minister had been charged and doing. I say this to the Premier: no-one convicted, he would have ceased to be a believes him anymore. His credibility is in member of this place. Of course, then the tatters. Government would have to negotiate with one of the Independents in order to continue to We have the incredible example of the occupy the Treasury benches. Government calling in the flying psychiatrist, the Minister for Local Government and Let us ignore all of that. Let us go through Planning. It was the Opposition who exposed some of the other sins of the Minister who, I the secret meeting in Mackay where a deal understand from the speaking list put forward was not done—they merely settled things in by the Government Whip, does not intend to the Australian way. One can call it whatever participate in this censure motion against him one likes, but when people have different tonight. Once again, the Parliament and the points of view, and when there is a situation in Opposition are giving the Minister for Public which one party is pressing for criminal charges 18 May 2000 Censure of Minister for Public Works and Minister for Housing 1247 against another and at the end of the meeting up so that the police could take photographs that particular person decides not to of the very serious injuries that he sustained? proceed—or ask the police not to proceed with Why was there a change of mind? Why are we those charges—I guess one could be polite expected to believe what Mr Brown now and say that we have an agreement. I would says—"It was all a misunderstanding. I want to have thought that it would have been a deal. get on with my life." This shows an absolute Is it not interesting that everyone who was lack of standards by this Government and this at that meeting had a pivotal role in terms of Premier. the faction plays within the Labor Party in Time expired. regard to the endorsement, or the continued endorsement, of the Federal member for Dr WATSON (Moggill—LP) (Leader of the Capricornia and the wife of the gentleman who Liberal Party) (6.09 p.m.): I rise to second the was assaulted by the Minister, Mr Craig Brown. motion. This Minister has form. He has a track record of abusive and aggressive behaviour, This is as serious as it gets. Let us get particularly with a few beers under his belt. In back to the Minister for Public Works and just two years as Minister he has been Minister for Housing. Let us accept that the implicated in at least three cases of Rocky Premier is an innocent party in all of this. The rage. Premier acted on the premise and on the advice that the Minister for Public Works and Firstly, he abused a backflow contractor in Minister for Housing was not the person who the Strangers Bar. We all remember that. threw the punch. The Premier said that the Then he threatened a fellow member of Minister for Public Works and Minister for Parliament. Now he has king-hit the husband Housing acted in self-defence. Aside from of a Federal Labor member. This was not a anything else, on all the evidence available, case of self-defence; it was a vicious assault that is a lie. The Minister for Public Works and occasioning bodily harm. Minister for Housing lied to his Premier—unless The Premier has not even tried to deny the Premier was part of the cover-up, anyway; that the Minister king-hit Mr Brown with a beer unless the Premier decided that he would go can. He has not even tried to deny that the along with this incredible and particularly Minister threw the first punch, the last punch serious charade. and everything in between. Yet he continues The fact is that over the last few days we to maintain that the Minister acted in self- have seen an appalling lack of standards on defence. The Premier wants us to believe that the part of the Government and the Premier. the Minister was defending himself against the The Premier says that it is the Australian way. bloke who did not swing a single punch. I have Is it the Australian way to use a king hit as self- not heard anyone suggest anywhere that he defence? Is it the Australian way to lie to the threw a single punch. The Premier wants us to police about one's whereabouts when the believe that it is okay for a Minister of the police want to question one in respect of an Crown to beat the living daylights out of those indictable offence that would disqualify one who cross their path. from being a Minister of the Crown and a The assault itself was bad enough, but member of Parliament? Is it the Australian way the subsequent cover-up makes it pale into not to tell the truth in respect of the insignificance. The Premier has not even tried seriousness of the charge that the to deny that the Minister's staff lied to police. investigating police at the Rockhampton CIB He has not even tried to deny that the Minister were recommending against the Minister for ducked a police interview. Yet the Premier Public Works and Minister for Housing? Is it continues to claim— the Australian way to call in the flying psychiatrist, the Minister for Local Mr Beattie: I'm happy to do that. I'm Government—the man who fixed everything in happy to do all of that. every Labor Government that he has served Dr WATSON: The Premier had his chance in? This is the Minister who gave up a during question time this morning. The Premier Saturday morning to go up to Mackay with Mr had his opportunities, and he has not done so. Slowgrove to sit down with a Labor barrister from Rockhampton, to sit down with Mr Brown Mr Beattie: You didn't ask me. and to sit down with the Minister. What was Dr WATSON: The Premier had plenty of offered and what was threatened? time. During question time, he had to go back Why did the circumstances change so to 1976 to try to dredge up something. So the dramatically after Mr Brown supplied Premier should not tell me that he did not photographs to the police and after he turned have time to make the denials. 1248 Censure of Minister for Public Works and Minister for Housing 18 May 2000

The Premier continues to claim that this Mr BEATTIE: I rise to a point of order. I scandal is a personal matter and does not find those comments untrue and offensive, have any bearing on the Minister's fitness to and I seek for them to be withdrawn. serve as a Minister of the Crown. The Premier Dr WATSON: I withdraw. The Premier did has not denied that the members of the ALP a deal down behind the cowshed at Bethany, colluded to fabricate false evidence. He has that is for sure. He knows that. not denied that the Minister's brother harassed witnesses. Yet the Premier continues to claim Time expired. that the whole process was above reproach. Hon. P. D. BEATTIE (Brisbane Central— The Premier is treating this House with ALP) (Premier) (6.13 p.m.): I move the contempt. He is treating the people of following amendment— Queensland with contempt. He is treating the "Omit all words after 'This House' and rule of law and order with contempt. The insert the following— Premier claims that this matter is at an end 'censures the Opposition for bringing because Mr Brown withdrew his complaint. Parliament into disrepute today by Nothing could be further from the truth. The including in its questions baseless real question is why Mr Brown withdrew his allegations and innuendo naming people complaint. We believe that it is blackmail. We who had nothing to do with the matter believe that the factional heavies got to Mr and behaving in an unparliamentary Brown and told him that his wife would get the manner.'." chop if he did not toe the line. We believe that Tonight, we have heard two speakers, the Mr Brown withdrew his complaint to save his Leader of the Opposition and the Leader of wife from political assassination. The factional the Liberal Party, make wild and heavies applied the blowtorch and cut a unsubstantiated allegations without one deal—"You spare the Minister and we will skerrick of evidence. They think that they are spare your wife." the trial, the jury, the prosecutor—they think The Premier wants us to believe that they are God. They are not. We have a otherwise. He claims that there was no deal, system of justice in this country and in this no deal, no deal, but the evidence is State—a system of law, where things have to mounting. This Premier has form. I ask be proven in accordance with the law. Let the members to remember what happened to Bob record show that there was not one skerrick of Gibbs. When "Bollinger Bob" became a liability evidence produced by either the mover or the for the Government, the Premier cut a deal: a seconder of this motion tonight—nothing new, one-way ticket to Hollywood, a $920,000— no evidence. Mr BEATTIE: I rise to a point of order. These matters are entirely a matter for the That comment is untrue. It is offensive and I police and the CJC. The Opposition is seeking seek that it be withdrawn. to intimidate and to try to influence the CJC and the police into taking a particular course of Dr WATSON: The Premier cut an action. The evidence in this matter is not only arrangement: a one-way ticket to Hollywood— very clear but also direct, and it is direct in this Mr SPEAKER: No, the member has to sense: we had a disagreement in the Labor withdraw. Party family. As I have said all along, it should Dr WATSON: I withdraw. The Premier cut never have happened. However, like many an arrangement: a $920,000 lump sum and family disagreements, there is now harmony. $250,000 a year. I ask members to remember Why? Because two people sat down in the Australian way and resolved it. The two people "The Phantom", Bill D'Arcy. The Premier who fell out did the Australian thing and sorted admits that when Bill became a liability to the out their differences. Government, he cut a deal: a $700,000 lump sum, a special tax break of $14,000 and a All the way along the line I have been promise not to claw back his super. open and honest about this. I state again very clearly that there were no deals done, there Mr BEATTIE: I rise to a point of order. was no political interference in the police Those comments I find offensive and untrue, process, this was nothing to do with good and I seek for them to be withdrawn. governance and there was no cause for public Dr WATSON: I will withdraw, but the concern. This matter needed to be determined record shows that the Premier was claiming by the police. the credit for getting rid of Bill D'Arcy. We know In all of this, one of the things that I find the Premier cut a deal, because we know extraordinary is the fact that it has been lost about the $14,000 tax break. that there was a report from police that said 18 May 2000 Censure of Minister for Public Works and Minister for Housing 1249 that there was no inappropriate behaviour. For They are not the words of Rob Schwarten; example, for two nights in a row the Channel they are the words of Craig Brown. He said 10 news has run one claim but has never run that there was nothing to pressure him to the full story that there was a report saying that make the decision that he did. there was no inappropriate behaviour. Reports Time expired. like that are not only untrue but also misrepresent the circumstances. I believe that Hon. J. P. ELDER (Capalaba—ALP) my Government is entitled to be fairly (Deputy Premier and Minister for State represented on this issue, and it has not been. Development and Minister for Trade) I know that Channel 10 is experimenting with (6.18 p.m.): I rise to second the amendment. different political reporters, and tonight it All this week, all we have seen is a bucket of seems that Mr Borbidge wrote the script. We sleaze and a bucket of mud dropped by the are entitled to be treated fairly in these Opposition. The disappointing feature— matters, and Channel 10 has not done so. Opposition members interjected. I raised that as well as some comments Mr ELDER: The members opposite that appeared in the Courier-Mail for this should wait for it. The disappointing feature reason: at the end of this exercise, when the about where this debate has gone for the CJC clears all of those people members of the Opposition is simply this: involved—because it will, because everyone when Labor was in Opposition, a number of has acted appropriately and the CJC has no National Party Ministers had allegations of alternative but to clear everyone involved criminal offences pushed in their direction. because they have acted properly and There were a number of them—and the because the police have said that there was members opposite know them—who had no inappropriate behaviour—I look forward to allegations made and police were seeking an apology from Mr Borbidge, an apology from evidence. A number of the members opposite Dr Watson, an apology from Channel 10 and came to people such as me and others and an apology from the Courier-Mail. said, basically, "They are personal matters. They are matters not to be debated in this The bottom line is that Mr Brown wants Parliament. They are matters on which you this matter ended. He has said so. The police should take a personal interest and not debate said that there is no improper behaviour, and them in this Parliament." there has been no deal. So what is the issue? Very simply, Mr Borbidge, the master of Time and time again I had members of sleaze, wants to use this and any other the Opposition come to me as the Deputy opportunity that he can to defame people, as Leader of the Opposition and say, "Don't raise he did with the three other examples that I those issues." They were not raised in here gave, to try to get some cheap political because they were personal issues, and I advantage. agreed with that. The way in which the Opposition and the Government deal in Mr BORBIDGE: I rise to a point of order. I business differs because we see those issues think I have been reasonably tolerant, but I do as personal. I never ran personal issues at the find those remarks offensive and I ask for Opposition Leader or at his Ministers—not them to be withdrawn. once. Mr BEATTIE: I withdraw. I will move to the Mr Borbidge: You did. point that is important. The Leader of the Mr ELDER: Not once did I raise that in a Opposition is prepared— debate. That is the difference. Each and every Mr Borbidge interjected. member opposite who came to see me knows that is the truth. That is why their actions this Mr BEATTIE: Here he goes again, week have been despicable and sleazy. They disrupting the House. No wonder this are dropping mud over a situation in which the Government has moved an amendment to complaint has been withdrawn. They have this motion to see some standards here, done it for political advantage. because we have had none during this debate. Let me make this point—and I put this The reason I am disappointed is that a on the record again—Craig Brown, the person number of them know the Leader of the who was allegedly assaulted in this matter, Opposition is taking them down a dead-end said— path and they just cop it. The position that he is taking will cost them in the long run, and "Rob Borbidge is trying make a they know it. That is the hard part for a lot of political football out of what was basically them to comprehend. They want to take him a personal matter." on for the leadership, but they do not have the 1250 Censure of Minister for Public Works and Minister for Housing 18 May 2000 bloody guts. My apologies, Mr Speaker; I question about East Trinity. Explain that to withdraw that term. It frustrates me to see a John McKenzie on Monday, because I will. party that has fallen so far in such a short Time expired. space of time under his leadership. Mr HORAN (Toowoomba South—NPA) Where is the evidence? There is not any (6.23 p.m.): In Queensland, off duty police evidence. As the Premier says, Craig Brown officers involved in fights at their social club are has withdrawn the complaint. He has basically investigated by the CJC, taken through the said that those opposite are playing politics criminal proceedings of the court system, and that they are using this issue as a political judged by the court, punished by the court and football. The members opposite are a disgrace then punished and disciplined by their Police to Parliament. There is one rule for us and Service. In Queensland, footballers and another rule for them. That has always been cricketers who get involved in pub brawls after the case. It is certainly the case with the a game are fined, lose their contract or are Leader of the Opposition. He is the master of suspended. sleaze. There was a whole range of issues that were never raised when he was Premier. I bet But in Queensland Cabinet Ministers have he wished he had someone like Terry privilege extended to them. Senior Cabinet Mackenroth who could fix it, because he never Ministers have secret meetings and do deals. could when he was in Government. Political influence is brought to bear, the complaint is withdrawn, they are not available Mr Borbidge: He fixed it, did he? to the police as average citizens are and they Mr ELDER: No, that is your allegation. walk away scot-free. At the same time, the Mr BORBIDGE: I rise to a point of order, reputation of this House and every one of its Mr Speaker. Let the record show that the 89 members is once again pulled even lower. Deputy Premier said that Mr Mackenroth fixed The Deputy Premier earlier spoke about it. what he did and did not do regarding debates Mr SPEAKER: Order! Hansard will record about the personal lives of people. But we are it; we do not need that as well. talking about a public matter. Can members imagine if, at the end of the St Patrick's Day Mr ELDER: Let the record show clearly parade, a National Party person hauled off that the allegation of fixing it came from him. I and belted someone— said that I bet he wished he had someone who had the ability to do that. Mr ELDER: I rise to a point of order. All those issues with their members were public Mr BORBIDGE: I rise to a point of order. matters. He cannot worm out of it; he said Mr Mackenroth— Mr SPEAKER: Order! There is no point of order. Mr SPEAKER: Order! There is no point of order. Resume your seat. Mr HORAN: This major public incident occurred while a Minister was on duty. Mr MACKENROTH: I rise to a point of Ministers are on duty all the time, particularly at order. I wish I was half as good as my public functions, but the issue has gone further reputation. than that. This Minister has tarnished the Mr ELDER: As I said, imagine the image of his Cabinet, his party and this member for Moggill saying that he knows Parliament. He has also dragged other people something about numbers. For heaven's sake! into it. A senior Minister has gone off and done He cannot even do the numbers in his own a deal. Whatever was said to Mr Brown, party. He is on borrowed time as it is. He has whether he was promised something or was drawn the short straw. He knows nothing about threatened, it was strong enough to influence numbers and he certainly knows nothing about him—a fellow who had been belted—into the numbers in Capricornia. Neither does the withdrawing his complaint. I think it was Leader of the Opposition, or he would not particularly unfortunate to do that to a young have made a fool of himself this morning in married man. What choice did he have if the the Parliament. career of his wife was threatened? There is another issue that I want to raise. There has been a litany of examples by Last week in Cairns the Leader of the the Beattie Government which have lowered Opposition was floating through regional the standards of this Parliament. Mr Gibbs was Queensland saying, "I think East Trinity is a sent to Hollywood for a job paying a quarter of scandal. I'm going to raise the issue in the a million dollars a year. Mr McGrady tried to Parliament next week. I'll be representing the influence a judge with a letter and interfered people of Cairns." He has not asked one with police in the seatbelt matter. We have 18 May 2000 Censure of Minister for Public Works and Minister for Housing 1251 seen the net bet affair. We have seen jobs for about what happened. If they were to have us Labor mates again and again. believe that that was really all they wanted to Now we have this type of protection, know and that they were not just trying to which has lowered the standards of the score cheap political points by keeping the Cabinet and the Parliament in the public's issue going all week, one would have thought eyes. No wonder the public think of us as low- that the logical thing to do would have been to lifes when such things occur. This Parliament ask me a question on Tuesday. They claimed does not have the courage, the fortitude or the that I was at the meeting. They knew I was at decency to say, "We'll draw the line at Cabinet the meeting. Ministers brawling publicly in a park after a Mr Horan interjected. public function." Mr MACKENROTH: Mr Beattie was not The question we should be asking tonight there. They did not bother to ask me a in this censure motion is: should a person who question on Tuesday, Wednesday or today. has perpetrated a vicious assault be a Minister They did not really want to know. of the Crown? Should a person who has been Mr Littleproud interjected. responsible for the trail of secret meetings, secret deals, forced withdrawals of complaints Mr MACKENROTH: I will tell the member following the secret deals and a web of intrigue in a minute. All they wanted to do was keep be a Cabinet Minister? Things were not the issue going in order to score cheap political reported to the Premier. The Premier did not points—that is all. The allegation that tell the Police Minister about the Saturday somehow I have done a deal is absolute meeting. Is this the standard we want in rubbish. Queensland for one of the highest political Mr Borbidge interjected. officers; a person responsible for the sudden Mr MACKENROTH: He did not say that at visit of a senior Cabinet Minister to Mackay to all. fix up this matter? Mr Borbidge interjected. I say to every member of this Parliament: if they were going to vote according to their Mr MACKENROTH: That is utter rubbish. conscience tonight, which way would they Mr SPEAKER: Order! The Leader of the vote? If they aspire to be Cabinet Ministers, is Opposition will cease interjecting. That is his that the standard they set themselves? Is that final warning. the standard they want of their colleagues? Mr MACKENROTH: I will tell members Similarly with the Independents, what is their exactly what happened. On the Thursday I standard? That is what we are debating spoke to the Minister for Public Works and tonight. Tonight we want to censure a Cabinet Minister for Housing and he told me that Minister for hauling off and belting someone in someone had told him that Craig Brown was the face at a public rally in Rockhampton. That prepared to talk to him. I said, "Robert, if you is the standard that exists now. If the want me to go along with you, I am quite Parliament passes this censure motion, it will prepared to do that." I did that for one reason mean that it has some standards. and one reason only: Robert Schwarten is my If the censure motion is not passed, if best mate in this Parliament. He is a close Labor members vote for this Minister, he will personal friend—something Mr Borbidge would walk away unpunished for this action—not find very difficult to come to grips with; I do not because he is an average, working-class think he has any. That is the reason I did that. citizen, not because he is an honest police Mr Horan interjected. officer, but because he is a member of a privileged, corrupt Beattie Government. Mr MACKENROTH: We will get to that in a minute. Time expired. Mr Borbidge interjected. Hon. T. M. MACKENROTH (Chatsworth— ALP) (Minister for Communication and Mr SPEAKER: Order! The Leader of the Information, Local Government and Planning Opposition will allow the Minister to make his and Minister for Sport) (6.28 p.m.): All week I speech. have sat here listening to the conspiracy Mr MACKENROTH: On Friday the Minister theories of the Opposition and the allegations rang me and said that there was going to be a they have made against individuals, including meeting; that if I wanted to go along with him allegations against me for my having helped a he would be happy for me to come. I did. I can friend. The Opposition has claimed—and the tell members opposite that no deals were Leader of the Opposition said this done—no deals at all. There were no threats tonight—that all it wants to know is the truth made. The Leader of the Opposition asked, 1252 Censure of Minister for Public Works and Minister for Housing 18 May 2000

"What happened to make things change so interesting than the previous form of the dramatically?" The thing that happened to Minister was the comments he made when make things change so dramatically was that questioned in this House about that incident. the two people who had been involved on the In another effort to deflect attention from his Monday sat down in a room and talked for the disgraceful behaviour, the Minister said— first time since that Monday. They actually sat "The Minister for Transport would down and talked to one another and they have been little assistance in that regard shook hands. Mr Brown was on Rockhampton had a fracas been under way. I actually television tonight. He said that he did not donned gloves when I was younger and I understand what the kerfuffle was about and was not too bad at it." that he would be happy to have a beer with Robert Schwarten any time. The Minister actually boasts about his ability to belt up people! The corker for me was when Mr Borbidge: He had a beer with him on the Minister said— Labour Day. "I, as always, conducted myself in a Mr SPEAKER: Order! The Leader of the proper manner." Opposition will cease interjecting. That is my final warning. All I can say is that, if this Minister was conducting himself in a proper manner in the Mr MACKENROTH: The Leader of the park that day, I fear for the innocent public of Opposition is the master of slime; the Premier Queensland if the Minister ever decided to is right about that. When one of his Ministers misbehave in a public place. However, if the was involved in a fight, did we raise it in the actions of Mr Schwarten in that park in Parliament? No! Were any charges laid Rockhampton were not bad enough for a against his Minister for being involved in a member of Parliament, they were abhorrent for fight? No! It was never raised. a Minister of the Crown. The Minister should Mr Borbidge: Was there a police recognise that he holds a very high office investigation? within our democratic society—a position which not only brings him additional benefits but also Mr MACKENROTH: I have been the significant responsibilities, one of which is the Minister for Police. I understand what administration of a portfolio. happens. The police made the decision not to proceed when the complaint was withdrawn. It is becoming clearly apparent that the When I was the Minister for Police, the police Minister no longer cares about community made a decision to proceed when a complaint expectations and cares even less for his was withdrawn. That is the way it is. The police portfolio responsibility. In December 1998 the make that decision. As a matter of fact, both Minister for Public Works and Minister for of those decisions were made in Housing claimed that his new tender reform Rockhampton. I helped a friend. I can tell would "eliminate cowboys from the industry honourable members that there were no and avoid problems rather than trying to solve deals. This can be investigated by anybody them after they occur". It appears that his they like. No-one will ever find a deal; there rhetoric has exceeded his ability yet again. wasn't one. This is evident by the string of subcontractors burned by their dealings with Designer Steel Mr LAMING (Mooloolah—LP) (6.33 p.m.): Homes Pty Ltd working on Government Tonight I rise in support of this motion. Since projects at Cunnamulla, St George, Cleveland the events of 1 May, Queensland has and Coopers Plains. Designer Steel Homes witnessed a deliberate cover-up by a corrupt has now appointed a voluntary administrator Government in an attempt to protect and and has assets of only $28,900 whilst owing shield the Minister for Public Works and about 260 trade creditors over $620,000. Minister for Housing from both public scrutiny and the consequences of breaking the law. One has to question how and why The Minister and the Government have Designer Steel Homes was doing Government exerted pressure and threats on third parties in work in the first place and why it was given an attempt to suppress the full details of this further Government work on other projects after having failed to successfully complete its disgraceful act from becoming fully public and current projects. If anybody had bothered to to obstruct the due process of the law. check the corporate history of a key individual However, this is not the only occasion on in Designer Steel Homes, Mr Stephen Black, which the temper of the Minister has landed they would have discovered that he was also a him in trouble. Who can forget the now director of Nu-Steel Constructions Pty Ltd, infamous Strangers Bar incident involving the which also ceased to operate after a deed of Minister? However, what I found more agreement in 1998. How did the company get 18 May 2000 Censure of Minister for Public Works and Minister for Housing 1253 pre-tender qualification under his inquiry, which the Supreme Court of this State administration and what checks into that found was set up in a biased way to nobble company and its financial details were carried Carruthers. Those were the matters on which out by his department? we censured members opposite, not personal I will tell honourable members why. It is issues. because the Minister no longer cares about Mr Johnson interjected. people, small business owners or the laws of Mr KAISER: It was Russell Cooper and Queensland. Through the Minister's Rob Borbidge who were involved in the maladministration, he has inflicted hardship memorandum of understanding; that is and suffering on hardworking and dedicated precisely my point. When we censured the subcontractors who expected and deserved coalition Attorney-General and he lost the the protection of the pre-tender qualification censure motion, he did not have the decency system that the Minister promised. The to resign from his portfolio, despite losing the Minister should hang his head in shame. numbers in the House. The member should The member for Capalaba spoke about not come in here and lecture us about dignity, not raising issues when the coalition was in as he did the other night, or lecture to us Government. During the debate on the MOU about credibility when we were the ones who in this place, day after day Rob Borbidge and censured the coalition for issues that mattered Russell Cooper were accused of corruption. not only in this place but out in the electorate. The Minister for Public Works should have If the member opposite thinks that he is on an acted like a normal Australian in the park on electoral winner with this one, then he is in May Day instead of behaving like a common more trouble than I thought. thug and cowardly king-hitting a member of Nothing inappropriate was done in relation the public. The Minister should also have to the Minister's portfolio. In relation to the faced the consequences of his action instead personal issue involved, the police described of hiding from police and using the ALP to the process that occurred after the incident as broker a deal to get him off the hook. The "mediation". That is how the police described honourable member should vacate his office it. Mr Brown said that he took an independent as a Minister of the Crown and allow it to be decision after he had calmed down. There is filled by someone who will demonstrate the no evidence of interference because there was appropriate behaviour expected of a holder of none. This is all just allegations presented in that high office. this place as facts. This is a personal attack Mr KAISER (Woodridge—ALP) because members opposite cannot fault the (6.38 p.m.): Tonight it is with pleasure that I performance of the Minister. rise to oppose this censure motion and to When it comes to public housing issues, support the Minister. I support the Minister not my constituents know the difference between just because he is my friend—and he is—but Labor in office and the lot opposite. They know because this censure is not over a serious the difference under this Minister because they matter in relation to his performance as a know he cares deeply for them and they know Minister or his performance in his portfolio; it is he will fight for them. I have a dozen letters in relation to a personal matter. here that the Minister has written to me during In his contribution tonight, the Leader of my short period in this place not giving the Opposition had the hide to talk about a bureaucratic responses, but actually fixing lack of credibility. This is the same Opposition people's problems. That is what matters to the that claimed that this was the most serious electorate, not this nonsense. incident in Queensland relating to The Opposition wants to pursue these accountability since Fitzgerald. What a joke! gutter tactics because it has nothing of These are the people who gave us the Joh substance to say that matters to the jury. These are the people who gave us the electorate. It will not get the support of the infamous memorandum of understanding to electorate until it develops issues of substance which the member for Mooloolah had the that it can put before people, because people stupidity to refer in this debate. When we want policies, not mud-slinging. This does not censured members opposite when they were matter. However much the Courier-Mail might in Government for a brief single term, it was on think this matters to the electorate, it does not. issues of substance, not sleaze; it was on If honourable members need proof of that, I issues of importance, not innuendo. It was will read into Hansard some of the responses never on personal matters. It was on issues on talkback radio today. On 4QR this morning such as the memorandum of understanding, a person— the Carruthers inquiry and the Connolly/Ryan Mr Seeney interjected. 1254 Censure of Minister for Public Works and Minister for Housing 18 May 2000

Mr SPEAKER: Order! The member for come in here tonight and see them stand up, Callide! put their hands on their heart and cry false Mr KAISER:—by the name of Jim said— tears about how this matter should not be examined. What a farce! What a joke! "Well, I think it's a waste of time, the Criminal Justice Commission investigating This matter could have been examined by such matters ..." this Parliament on Tuesday morning if the Minister and the Premier had answered the Jim went on to say— questions. But the king strategist over there, "... if the other person doesn't want to the Deputy Premier, decided to play the press charges, well, the matter should straight bat and deny the people of lapse, because it's nothing to do with Queensland an explanation. Wasn't that one Parliament." of his better ones? That was a great strategy! June said— It is because of that strategy that this matter has been debated here for three days and it is "... I think the whole thing is a whole lot of because of that strategy that we are still trying piffle, and to be quite honest, I am tired of to get for the people of Queensland the hearing of it." answers that they deserve about this matter. If members opposite credit us with organising As a strategist, the Deputy Premier has proved these responses, then we are better than we to be about as handy as a eunuch in a harem. think we are; they give us more credit than we He has done really well! deserve. Cathy said— After all the pious posturing that the "... we have so many more important Premier has done on the public stage about things to deal with. The two parties have his commitment to accountability and agreed that the matter is finished, and as openness, he has been unwilling and unable far as the CJC taking up that matter, I'm to ask the Minister to explain to the extremely disappointed ..." Parliament. After all the pompous, overbearing John said— preaching that we put up with in here from the "And just one final point on that other Premier, he has been unwilling to call this thing. Look, the police had a report. There Minister to account and he has been unwilling was a complaint made. The complaint's to discipline him. The Minister has denied this been withdrawn. For God's sake, leave House, this Parliament and the people of the police out." Queensland the explanation they deserve, and that is why he should be censured, and Gwen said something else. But this is the everyone opposite knows it. piece de resistance: Alan Jones, the man who credits himself with— The Minister refused to answer five reasonable questions. Honourable members Mr Lucas: No friend of Labor. should look at the Hansard record. They Mr KAISER: Yes, he is no friend of Labor. should show me anywhere else in the Hansard Alan Jones, the man who credits himself with record where a Minister of the Crown has helping to get John Howard elected, today stood in this Parliament and refused to answer said— five questions in a row. They will not find such "Look, at the end of the day this is an occasion anywhere. He is either too rubbish really. This is a bit of dust-up arrogant or too ignorant to recognise the need between two blokes. We shouldn't be to explain—or both. Ministers of the Crown in wasting police resources and public time any Parliament cannot punch people in public. investigating something that really is of no That is the bottom line. All of us are consequence whatsoever." answerable to this House. We cannot go out there and act like public bar boofheads. Mr SEENEY (Callide—NPA) (6.43 p.m.): I rise to support the motion moved by the Boofheaded thuggery has certainly Leader of the Opposition calling on this House become a regular part of this Minister's to censure the Minister for Public Works and contribution to this place. He has been Minister for Housing, Mr Schwarten. It is right involved in the brawl in the parliamentary that Mr Schwarten should be censured by this Strangers Bar. We all know about that. He has House; it is right that this matter should be been involved in intimidation and threats here debated in this House; and it is right that this in the House. All of these incidents occurred matter should be the subject of parliamentary while he was carrying out his duty as a Minister scrutiny. After all the rubbish that was brought of the Crown, and that is the difference. He into this House by the lot opposite when they was acting as a Minister of the Crown at the were in Opposition, it is almost sickening to time. He would not have been in the 18 May 2000 Censure of Minister for Public Works and Minister for Housing 1255 parliamentary Strangers Bar if he were not a Opposition tabled the fourth largest petition Minister of the Crown; he would not have been presented during this sitting of Parliament. at the Labour Day barbecue if he were not a Mr Littleproud interjected. Minister of the Crown. He was being paid to be there and he is responsible to this Parliament Mr SPEAKER: Order! The member for for his actions while he was there. Western Downs will cease interjecting. That is his final warning. To refuse to give any explanation five times in this place is unacceptable to this Mr WELLINGTON: There were 7,913 Parliament and it is profoundly unacceptable petitioners seeking improved radiation therapy to the people of Queensland. The Minister has services at the Nambour General Hospital on refused to explain to the press; he has not the Sunshine Coast. I share those petitioners' answered any of the questions which the press concerns. I quote from their letter— quite reasonably put to him. He has refused to Mr Seeney interjected. answer any questions in this Parliament and Mr SPEAKER: Order! The member for he has refused to give the explanation that Callide will cease interjecting. This is his final Queensland deserves. He hid from the media warning. and would not answer questions. He could have come in here tonight, put his name on Mr WELLINGTON: They said— the speaking list and given an explanation. "To the Honourable the Speaker, Instead, we have a speaking list that includes Ministers and Members of the Legislative an Independent and an insignificant Assembly of Queensland, backbencher. He could have come in here and Your petitioners therefore request the taken the opportunity to give an explanation. House to urge the Minister for Health to Meanwhile, the Labor heavies have approve the provision of radiation therapy orchestrated a complex cover-up. The murky services at Nambour General Hospital and details of that cover-up have been emerging to immediately provide these specialist slowly, and they will continue to emerge in the consultations on the Sunshine Coast." days to come. They will continue to emerge We need these improved radiation services on because there are people in Rockhampton the Sunshine Coast for cancer patients who who know what happened and there are have to travel to Brisbane. I support their people in Rockhampton whom the Labor efforts 100%. heavies and Mr "Fix-it" over here cannot I thought the Opposition would have blackmail. They blackmailed the innocent party placed 7,913 requests for improved radiation in the assault. They threatened his wife with— therapy services on the Sunshine Coast at the Mr ELDER: I rise to a point of order. How top of their list of priorities during this sitting of can the member talk about standards when he Parliament. But no! In the past three days we was the person who burnt the effigy of a have not heard a whisper about this request. Minister at a public meeting? Instead, the Opposition has focused on an Mr SEENEY: I did not burn Mr Hamill's alleged punch-up as their issue of priority. I am effigy; I hanged it, and I am proud of it. jolly proud that I am an Independent and not tied to the— Time expired. Time expired. Mr WELLINGTON (Nicklin—IND) Mr COOPER: I rise to a point of order. It is (6.48 p.m.): I cannot support the Opposition's patently obvious to me that we have now seen motion. I, in common with many an example of double standards of the most Queenslanders, wish this incident never despicable kind. happened, but it did. For the past three days members of the Opposition have pursued this Mr SPEAKER: There is no point of order. matter with all the might and vigour that they I call the honourable member for Kallangur. could muster, and I want no part of it Mr COOPER: The member for Nicklin has whatsoever. now branded himself— Every day this week many petitions have Mr SPEAKER: Order! Resume your seat! been lodged by members of Parliament on a Mr COOPER: as part of the cover-up by whole range of issues about which this Government. Queenslanders across the length and breadth of this State are concerned. We have seen Mr SPEAKER: Order! I call the member calls for improved doctor services and for Kallangur. improved education, and two days ago the Mr COOPER: I beat him to the jump. 1256 Grievances 18 May 2000

Mr SPEAKER: Order! Resume your seat! CENSURE OF MINISTER FOR PUBLIC Mr COOPER: As far as I am concerned, I WORKS AND MINISTER FOR HOUSING am going to speak. Question—That the amendment be Mr SPEAKER: Resume your seat! agreed to—put; and the House divided— Mr COOPER: I beat him to the jump. AYES, 40—Attwood, Barton, Beattie, Bligh, Braddy, Briskey, J. Cunningham, Edmond, Elder, Mr SPEAKER: Resume your seat! Fenlon, Foley, Fouras, Hamill, Hayward, Kaiser, Mr COOPER: As far as I am concerned— Lavarch, Lucas, Mackenroth, McGrady, Mickel, Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Mr SPEAKER: I warn you under 124. Palaszczuk, Pearce, Reeves, Reynolds, Roberts, Mr COOPER: I am sickened by the Robertson, Rose, Schwarten, Spence, Struthers, disgraceful example— Welford, Wellington, Wilson. Tellers: Sullivan, Purcell Mr SPEAKER: I warn the member under NOES, 36—Beanland, Black, Borbidge, Connor, E. Cunningham, Davidson, Elliott, Feldman, Gamin, Standing Order 124. Grice, Healy, Hobbs, Horan, Johnson, Knuth, Mr COOPER:—from the member for Laming, Lester, Lingard, Littleproud, Malone, Nicklin tonight in backing and supporting a Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, Government such as this which has indulged Santoro, Seeney, Sheldon, Simpson, Slack, and indulged in a blatant cover-up— Springborg, Turner, Watson. Tellers: Baumann, Hegarty Resolved in the affirmative. NAMING OF MEMBER Mr SPEAKER: Order! For all future Mr SPEAKER: Order! I name the member divisions on this matter, the bells will be rung for Crows Nest. for two minutes. A Government member: I move that the Question—That the motion, as amended, member be not further heard. be agreed to—put; and the House divided— Mr SPEAKER: I just named the member AYES, 40—Attwood, Barton, Beattie, Bligh, under Standing Order 124. Braddy, Briskey, J. Cunningham, Edmond, Elder, Fenlon, Foley, Fouras, Hamill, Hayward, Kaiser, Lavarch, Lucas, Mackenroth, McGrady, Mickel, SUSPENSION OF MEMBER Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Hon. J. P. ELDER (Capalaba—ALP) Palaszczuk, Pearce, Reeves, Reynolds, Roberts, (Deputy Premier and Minister for State Robertson, Rose, Schwarten, Spence, Struthers, Welford, Wellington, Wilson. Tellers: Sullivan, Purcell Development and Minister for Trade) (6.51 p.m.): I move— NOES, 36—Beanland, Black, Borbidge, Connor, E. Cunningham, Davidson, Elliott, Feldman, Gamin, "That the member for Crows Nest be Grice, Healy, Hobbs, Horan, Johnson, Knuth, suspended from the service of the House Laming, Lester, Lingard, Littleproud, Malone, for seven days." Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, Question put; and the House divided— Santoro, Seeney, Sheldon, Simpson, Slack, Springborg, Turner, Watson. Tellers: Baumann, AYES, 40—Attwood, Barton, Beattie, Bligh, Hegarty Braddy, Briskey, J. Cunningham, Edmond, Elder, Fenlon, Foley, Fouras, Hamill, Hayward, Kaiser, Resolved in the affirmative. Lavarch, Lucas, Mackenroth, McGrady, Mickel, Miller, Mulherin, Musgrove, Nelson-Carr, Nuttall, Palaszczuk, Pearce, Reeves, Reynolds, Roberts, GRIEVANCES Robertson, Rose, Schwarten, Spence, Struthers, Access Queensland Pty Ltd Welford, Wellington, Wilson. Tellers: Sullivan, Purcell Mr LAMING (Mooloolah—LP) (7.06 p.m.): NOES, 37—Beanland, Black, Borbidge, Connor, Access Queensland Pty Ltd is a registered Cooper, E. Cunningham, Davidson, Elliott, Feldman, company set up specifically to seek out and Gamin, Grice, Healy, Hobbs, Horan, Johnson, Knuth, supply the lucrative London market with the Laming, Lester, Lingard, Littleproud, Malone, very best of Queensland-grown primary Mitchell, Paff, Pratt, Prenzler, Quinn, Rowell, Santoro, Seeney, Sheldon, Simpson, Slack, products. The company is made up of 50 Springborg, Turner, Watson. Tellers: Baumann, shareholders, virtually all of whom are primary Hegarty producers. Access Queensland was registered Resolved in the affirmative. under the Corporations Law of Queensland on 27 November 1998 and submitted an Internet Whereupon the honourable member for domain name registration on 8 April 1999. I Crows Nest withdrew from the Chamber. table the relevant letters. 18 May 2000 Grievances 1257

The concern I bring to the House today is them what opportunities are available for a of fundamental importance, not only to Access partnership between Queensland Health and Queensland but also to all companies trying to the private health centre to ensure that not establish their name. A letter was received by only the wealthy will be able to receive this very Access Queensland from the Department of important cancer treatment. the Premier, asking if it would be willing to Already a private hospital at Noosa relinquish its present name. I also table that provides health services to Queensland Health letter. Other correspondence followed between under a contract of service. I urge the Health the company and the Department of the Minister to use this as a precedent so that Premier. I also table those letters. more Sunshine Coast residents may be able In January of this year, Access to avail themselves of this cancer treatment, to Queensland advised the Government that it be available through the new Wesley Cancer did not wish to negotiate any further in relation Care Centre in Nambour, and not have to to the issue, advising that neither the name travel the many miles to Brisbane for nor the web site are for sale and that the treatment. company has no intention of granting permission to anyone in relation to either. On 9 February this year a quite astounding Medical Aids Subsidy Scheme, Waiting response was received, in which the Lists department expressed its disappointment and Mrs SHELDON (Caloundra—LP) stated that the State remains willing to (7.10 p.m.): I was recently contacted by a participate in further negotiations. The letter constituent who was greatly concerned by his states— wife's need for medical aids and the Health Department's lack of attention to her plight. "Notwithstanding the above, the From speaking to the shadow Minister for State proposes to commence use of the Health, I understand that this is a growing name Access Queensland for its problem affecting many elderly people. Community Service function and the Government's legal advice is that the My constituent's wife is suffering from government entity will not be in business Alzheimer's disease and has been approved and, by virtue of the disparity between the for the supply of incontinence pads through functions of the entity and the activities of the Medical Aids Subsidy Scheme. My your business, there can be no constituent placed his wife's order for pads on suggestion of passing off." 10 December 1999. He received a letter back on 24 January advising of approval for the What an arrogant approach from a big supply but also that, due to demand, there Government to small, struggling regional was a waiting list. Despite repeated calls, he businesses doing their best to earn export has been unable to establish when his wife will dollars for Queensland! I call on the Premier to be supplied. immediately revoke the Government's intention to hijack the Access Queensland My office contacted the department and name. was given the following information. A waiting list was established on 1 November 1999. Time expired. Officers of the department have a meeting every Monday morning at which the list is discussed and they are told whether they can Radiotherapy provide the aids to anyone on the waiting list. Mr WELLINGTON (Nicklin—IND) The decision is based on whether the present (7.08 p.m.): Last night in this House I spoke demand has decreased—if present clients no about the need to appoint a second full-time longer need or use them. resident District Court judge to the I could not be told when my constituent Maroochydore District Court. Tonight I wish to may get the incontinence pads. I was told that talk about another need of regional it was a management decision and that they significance, that is, the need to have available had run out of money and they needed a through our public hospital system a boost to their budget to ensure that people radiotherapy service at Nambour. were supplied. I asked what would be supplied Soon the Wesley Cancer Care Centre will to Mrs Turnbull when eventually she joined the be providing radiotherapy services through its receiving line. I was told two pads a day for 30 private centre in Nambour. I urge the Minister days and then a new order would need to be for Health to urgently meet with the senior submitted with, no doubt, another six months management of the centre to investigate with on the waiting list. What a nonsense! 1258 Grievances 18 May 2000

Since I last spoke to my constituent he where a memorial service was held and has attended a support group meeting of a wreaths were laid. Again, hundreds of people number of concerned constituents in from the local community joined the ceremony. Nambour. He was told that his wife should It was very pleasing to see the children from have at least been given a sample. He said Oxley State School, the local Girl Guides and that he had never been given that. He also the Boy Scouts participating in the service. discovered that he should have been supplied Everyone, including our children, are reminded when his order was put in and that he should of the courage of our people in the battle at have been supplied with samples of the new Gallipoli on 25 April 1915. Eighty-five years on, pads the department is considering. This the enthusiasm to commemorate this occasion elderly patient has now been waiting six is overwhelming. I am sure we will long months for incontinence pads. She and her remember these gallant men and women. husband cannot afford to buy them themselves. They are still on a waiting list and there is still no indication of when they will be Caboolture Police Station supplied. I think it is about time the Minister Mr FELDMAN (Caboolture—CCAQ) took some action on this point. (7.14 p.m.): I rise tonight to speak on behalf of the overworked Caboolture police who, despite the repeated promises of the Minister for Anzac Day 2000 Police, are still under strength. The station Mrs ATTWOOD (Mount Ommaney—ALP) currently has five unfilled vacancies, two (7.12 p.m.): Each year, local schools in the general duties staff relieving in the Mount Ommaney electorate take tremendous prosecutions section—a district responsibility, pride in their commemoration of Anzac Day. not the station's responsibility—one staff For many years now they have invited returned member on maternity leave and one about to service personnel from our local community as be, one staff member relieving in the CIB and very special guests. one staff member relieving on Bribie Island. I was proud to have been invited to Effectively, instead of the 10 staff attend ceremonies at the Sherwood and promised as an increase last year—and I Corinda State Schools and the Corinda State stood up and backed the Minister on this—the High School. The excellent school bands station at Caboolture has effectively had a performed many of the old favourite tunes decrease of 10. Caboolture needs more than from World War I and World War II and special just promises; it needs bums in the station and guests and old friends of the schools on the street. addressed the students. Floral tributes were Not only have staff numbers not laid by members of the Returned Services improved, but resources and equipment are League, by the school, by classes and by down as well. For example, the station families and individuals. The depth of emotion operates without microcassettes—an essential on those young faces was intense as the Last tool. Just the other day, after sending a Post and Reveille were played. requisition for paperclips for their On completion of the ceremony, guests correspondence, as they were out of them, shared a morning tea and a chat about old they were directed by district headquarters to times with the students. For schools in my local drive some 15 kilometres to the Deception Bay community, Anzac Day is a time for reflection, Police Station to pick up a spare box of reminiscence and bonding together to pay paperclips. That is hardly an effective or tribute to all fallen and returned service economic use of resources, cars or men when, personnel and to give thanks for the at a stationery store across the road from the opportunities available to us today as a result Caboolture Police Station, a packet of of our forebears' sacrifices. These tributes paperclips costs as little as $2. I have a packet culminate in the Anzac Day ceremonies. of paperclips here for the Minister to pass on On Anzac morning, I attended the 85th to the station. Anniversary Dawn Service at the Kokoda What is the Minister going to do for the Memorial Stone near the Sherwood RSL. Caboolture residents and the business There, hundreds of people joined in as owners—those people the Minister saw last marchers and as spectators. These included year—to ensure adequate staffing and many children and young adults. resources for the hardworking men and At 10.30 a.m. a parade moved from the women of that station? Oxley shops down Oxley Road to the war As a tribute to their hard work, I memorial at Oxley Place in Bannerman Street completely support my former workmates— 18 May 2000 Grievances 1259 especially those in the Redcliffe district who I do not consider myself prudish by any were involved in the shooting of the armed means, but surely material of this type is more offender at Deception Bay last week. It was a suited to a post-9.30 p.m. time slot and an M tragic event which led to police officers placing or MA rating. Self-regulation by the television their lives in danger in protecting the public networks is a privilege based on responsibility. from a drug-affected and crazed individual. I Channel 10, by its decision to run the sordid say this to them, "Keep up the good work Love Rules at 8 p.m. with a PG classification, because I and many others know the real demonstrates that it does not have a pressure that you are under." I say to the responsible attitude. I call for Channel 10 to Minister that these officers need his support. I reschedule Love Rules to a more suitable time ask the Minister to ensure that those slot, and I call on the Federal Government to vacancies at Caboolture and at Bribie Island take over the regulation of television programs. are filled. Time expired. Wool Industry Mr JOHNSON (Gregory—NPA) Classification of Television Programs (7.18 p.m.): I wish to address the recent announcement by the Federal coalition Mrs LAVARCH (Kurwongbah—ALP) Government of the interim board to specifically (7.16 p.m.): Australian commercial television manage the restructure of the Australian wool networks operate according to a voluntary industry and for Australian Wool Services to code of practice governing the classification of manage the industry after 31 January 2001. the programs they broadcast. This I am concerned that there is a real classification system, like the mandatory obstacle which relates to the appointment of system which applies to cinemas, has two Rodney Price as chairman of the board aims: firstly, to ensure that programs are instead of the successful former hard-hitting, screened at time slots appropriate to the no-holds-barred Premier of Victoria, Jeffrey subject matter and likely audience; and Kennett—the preferred option by 80% to 90% secondly, to give viewers a clear idea of what of woolgrowers Australiawide. The wool kind of material the program will contain. industry needs a leader such as Jeffrey There is a program showing on Channel Kennett, who has a proven track record of 10 which makes a mockery of this voluntary getting things done as well as not suffering system and causes me to think that the fools—something that has persecuted and classification system for television should be crucified the wool industry for too long. taken over by the Office of Film and Literature As mentioned in Queensland Country Life Classification. This program is called Love today, 18 May 2000, there is an anonymously Rules and is broadcast at 8 p.m. on Tuesdays. researched and distributed document which It is rated PG, which means that it should be makes reference to Rodney Price's corporate suitable for children, with parental guidance management practices in the past. This was recommended. The 8 p.m. time slot is, of allegedly sourced from the Australian course, one which would be commonly viewed Securities and Investment Commission. by children. That information certainly does not give This program, however, is one of the most the Federal Government the image of being crass and tasteless examples of tripe I have fair dinkum in letting the wool industry fix its ever seen. That makes it nothing special, but own problems and manage its own agenda. I what makes Love Rules so appalling is its say to John Howard and Warren Truss that it is sexual content which is totally inappropriate for time to show the wool industry the guts and children and way outside what one would leadership that it is looking to them to provide. expect with a PG classification. Australiawide, woolgrowers are telling me that The show I saw on Tuesday, 2 May, they need to appoint Jeffrey Kennett as consisted of three segments. The first featured chairman to save rural Australia, which was a couple being introduced to each other and founded on wool. then having a plaster cast made of his I believe that the wool industry will perish buttocks and her breasts. The second on the poor, gutless leadership that the segment was about a lesbian couple who Federal Government has displayed. The spent their time mostly tongue-kissing. The 40,000 woolgrowers, workers, rural businesses third segment was another male/female and other contractors relying on the wool couple who go on their first date and then tell industry will suffer if Jeffrey Kennett is not the interviewers how they slept together. installed as chairman. To date, the decisions 1260 Grievances 18 May 2000 made have further divided the wool industry Games, Q-Rapid has resolved to expand the and are definitely not the recipe for a full concept this year. recovery to let it move forward without political Q-Rapid employees five full-time staff and interference. At this critical stage, it is 25 part-time staff and is supported by more paramount that the accusations against than 63 volunteers, who contribute more than Rodney Price be addressed, because we need 5,000 hours of unpaid community work each a harmonious atmosphere if the interim year. Q-Rapid is a magnificent example of committee is to be workable. excellence in volunteerism, which enhances There is no room for John Howard and the quality of life for people experiencing an Peter Costello, just because they do not like or intellectual disability. I congratulate the are scared of Jeffrey Kennett, to play politics organisers, participants and everyone involved with the future of the wool industry of this in the Coolum Games and, more particularly, nation. I believe that this issue is one on which everyone involved in Q-Rapid. I wish them the John Howard and Warren Truss can very best for their future and every support demonstrate to rural Australia that they are from the local community and me. prepared to listen to the concerns that are being expressed. I fear that, if this matter is not addressed appropriately, the Federal Evelyn Street, Yeppoon Government will bear the brunt of an electoral Hon. V. P. LESTER (Keppel—NPA) backlash at the next election that will resemble (7.22 p.m.): I believe that we have reached the last Saturday's result in Benalla in Victoria. stage at which Governments and councils Time expired. have to be much more careful in the granting of housing approvals. I refer to an area of land near Evelyn Street in Yeppoon. I am not Q-Rapid blaming anybody; I am simply saying that Mr FENLON (Greenslopes—ALP) behind that street is a natural gully that has (7.20 p.m.): I rise to speak about a very been a breeding place for possums, scrub worthwhile project in sport for the intellectually turkeys and all sorts of other animals. A disabled. Q-Rapid, the Queensland Sport and developer has come in who, it appears, has Recreation Association for People with an worked within the law. To be fair, he has left a Intellectual Disability, was awarded the small amount of land untouched, but it is National Australia Bank 1999 Community Link nowhere near large enough to sustain these Award for Sport and Recreation in animals. Queensland. Formed in 1984, Q-Rapid, which I simply say that, when we have a natural is based on Brisbane's south side, aims to gully or rainforest area, somehow that area assist people with an intellectual disability to must be left alone. I refer also to develop their peer network, their ability to developments that are being constructed on handle money, confidence and skill in top of hills. That is fair enough, but down at travelling to and from a venue, communication the bottom often there is a lot of natural skills, and social skills. Q-Rapid also provides rainforest where animals live. Just a small recreation, leisure and sporting opportunities to number of trees left around a suburban area suit all ability levels. It is the aim of the can make a difference. I know of people in organisation to increase the accessibility of Brisbane who have developed small support and recreation services for people with rainforests in their backyards as best they can. intellectual disabilities. It is surprising to see just how those areas Q-Rapid programs for sports skill have attracted frogs and other little animals. development take the form of individual I know that this is only a small matter that recreation projects, group recreation projects relates to the whole issue of animal and and special events. A camp at Coolum Beach environmental protection. However, Ron on the Sunshine Coast provided a full program Watson of Yeppoon has raised issues that I of sports skills coaching, which was developed believe are worth backing. Unfortunately for to include activities such as basketball, lawn Ron and other people who live in Evelyn bowls, baseball, beach sports and an activity Street, this issue appears to have passed us created by Q-Rapid called Rapid Spirt, which is by. aimed at improving participants' coordination. This award-winning project, appropriately titled the Coolum Games, was made possible Welcome Home East Timor Parade; Sun through the efforts of volunteers, including the Metals paid staff of Q-Rapid, who also donated their Mr REYNOLDS (Townsville—ALP) time. Following the success of the Coolum (7.24 p.m.): Last Tuesday, 16 May was a very 18 May 2000 Grievances 1261 memorable and proud day for the residents of responsibility for its management and control Townsville/Thuringowa. Of course, I refer, costs; that hymenachne and aleman grasses firstly, to the Welcome Home East Timor be declared at P2 eradication status parade, which was held on The Strand in throughout the State of Queensland; that the Townsville— Queensland Canegrowers Council be Mr Knuth interjected. requested to seek legal advice regarding compensation from the State and Federal Mr REYNOLDS: I take that interjection. It Governments for the management and control was a great day for north Queensland, of hymenachne and aleman grasses in all including the Burdekin, Hinchinbrook, and cane-growing areas throughout Queensland; Charters Towers areas. I think that the number that no non-indigenous plant species be of people who watched that parade was a considered for release in Australia until much credit to the organisers. Indeed, it was a great stricter assessment guidelines are credit to the people of Townsville, Thuringowa implemented and registered chemical controls and the surrounding regions who attended are available; that given the implications for that parade. Something like 40,000 people the internationally recognised Ramsar from the Townsville/Thuringowa region wetlands and fisheries habitat in the lower attended the East Timor parade. That showed Burdekin the State and Federal Governments the pride that the people of that region have in be requested to immediately implement and the effort that has been made in East Timor. fund control and eradication of hymenachne Indeed, the Townsville community plays a very and aleman grasses; and that the Burdekin critical role in the defence of Australia. In terms Shire Council, North Burdekin Water Board of any threat that Australia may face or any and affected landowners approach the defence support that Australia may give to Department of Natural Resources for other nations of the world, the deployment assistance through the SWEEP program to forces that are based in Townsville are critical. undertake reduction measures of the The second memorable occasion about hymenachne and aleman grasses in the which the people of Townsville are very proud Lilliesmere system, which has been assessed is the opening of the Sun Metals refinery. It is as one outbreak which at this point is really a great addition to the industrial fabric of manageable. the City of Townsville. It now joins with the I seek leave to table a report from the copper and nickel refineries and establishes Burdekin Shire Council and the hymenachne the Townsville region as the base metal control committee. refining area of northern Australia. So the people of Townsville are very proud of the Leave granted. opening of Sun Metals. We now await with keen interest the gas Defence Force Reserves pipeline that will go up the east coast of Hon. K. W. HAYWARD (Kallangur—ALP) Australia and also the base load power station. (7.29 p.m.): Last Tuesday in the Matters of Public Interest debate I spoke about the unfair Hymenachne and Aleman Grasses situation that exists in Australia whereby defence reservists risk their continued Mr KNUTH (Burdekin—CCAQ) (7.27 p.m.): employment if they voluntarily undertake to In mid February, an outbreak of hymenachne perform peacekeeping activities in places such was identified in Lilliesmere Lagoon, which is as East Timor. Since I made that speech, part of the Kalamia Creek system in the reservists have contacted me concerned about Burdekin Shire. Further outbreaks have been the unfairness of the Defence (Re- found along the system. At a meeting establishment) Act 1965, which covers defined attended by local landowners, officers of the areas of "defence service". Without having any shire councils, the Department of Natural knowledge of the details of this Act, I wish to Resources, productivity boards, water boards, acknowledge publicly the information and Canegrowers Burdekin and Landcare, it was support for this issue provided to me by the resolved to attempt containment of the shadow Minister for Defence, Science and outbreaks until resolutions moved at the Personnel, Mr Laurie Ferguson. meeting take their due course. That Act unfairly excludes full-time service These resolutions included the group in the reserve forces that is undertaken resolving that the State and Federal voluntarily, as distinct from service that is Governments should take full responsibility for undertaken as a result of a call-out. The the introduction of hymenachne and aleman Defence Act 1903 defines the circumstances grasses and, therefore, must take in which a call-out can occur—situations of war, 1262 Special Adjournment 18 May 2000 a declared defence emergency or other circumstances short of war, or an emergency where it is considered necessary to do so for the defence of Australia. Overseas peacekeeping missions such as that in East Timor fall outside those provisions. So while the Defence (Re-Establishment) Act 1965 is still on the statute book and is located in Minister Reith's portfolio, it offers no protection for reservists currently serving in East Timor. This is an unfair situation for many people who are serving Australia overseas and doing their best for Australia in the various peacekeeping missions around the world in which they volunteer to take part.

SPECIAL ADJOURNMENT Hon. W. M EDMOND (Mount Coot-tha) (Minister for Health) (7.31 p.m.) I move— "That the House, at its rising, do adjourn until 9.30 a.m. on Tuesday, 30 May 2000." Motion agreed to. The House adjourned at 7.31 p.m.

R. G. GILES, GOVERNMENT PRINTER, QUEENSLAND—2000