PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE COUNCIL

FIFTY-SIXTH PARLIAMENT

FIRST SESSION

Book 1 3, 4 and 5 February 2009

Internet: www.parliament.vic.gov.au/downloadhansard

By authority of the Victorian Government Printer

The Governor Professor DAVID de KRETSER, AC

The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC

The ministry

Premier, Minister for Veterans’ Affairs and Minister for Multicultural Affairs...... The Hon. J. M. Brumby, MP

Deputy Premier, Attorney-General and Minister for Racing...... The Hon. R. J. Hulls, MP

Treasurer, Minister for Information and Communication Technology, The Hon. J. Lenders, MLC and Minister for Financial Services......

Minister for Regional and Rural Development, and Minister for Skills and Workforce Participation...... The Hon. J. M. Allan, MP

Minister for Health...... The Hon. D. M. Andrews, MP

Minister for Community Development and Minister for Energy and Resources...... The Hon. P. Batchelor, MP

Minister for Police and Emergency Services, and Minister for Corrections...... The Hon. R. G. Cameron, MP

Minister for Agriculture and Minister for Small Business...... The Hon. J. Helper, MP

Minister for Finance, WorkCover and the Transport Accident Commission, Minister for Water and Minister for Tourism and Major Events...... The Hon. T. J. Holding, MP

Minister for Environment and Climate Change, and Minister for Innovation...... The Hon. G. W. Jennings, MLC

Minister for Public Transport and Minister for the Arts...... The Hon. L. J. Kosky, MP

Minister for Planning...... The Hon. J. M. Madden, MLC

Minister for Sport, Recreation and Youth Affairs, and Minister Assisting the Premier on Multicultural Affairs...... The Hon. J. A. Merlino, MP

Minister for Children and Early Childhood Development, and Minister for Women’s Affairs...... The Hon. M. V. Morand, MP

Minister for Mental Health, Minister for Community Services and Minister for Senior Victorians...... The Hon. L. M. Neville, MP

Minister for Industry and Trade, and Minister for Industrial Relations.... The Hon. M. P. Pakula, MLC

Minister for Roads and Ports, and Minister for Major Projects...... The Hon. T. H. Pallas, MP

Minister for Education...... The Hon. B. J. Pike, MP

Minister for Gaming, Minister for Consumer Affairs and Minister Assisting the Premier on Veterans’ Affairs...... The Hon. A. G. Robinson, MP

Minister for Housing, Minister for Local Government and Minister for Aboriginal Affairs...... The Hon. R. W. Wynne, MP

Cabinet Secretary...... Mr A. G. Lupton, MP

Legislative Council committees Legislation Committee — Mr Atkinson, Ms Broad, Mrs Coote, Mr Drum, Ms Mikakos, Ms Pennicuik and Ms Pulford. Privileges Committee — Ms Darveniza, Mr D. Davis, Mr Drum, Mr Jennings, Ms Mikakos, Ms Pennicuik and Mr Rich-Phillips. Standing Committee on Finance and Public Administration — Mr Barber, Ms Broad, Mr Guy, Mr Hall, Mr Kavanagh, Mr Rich-Phillips and Mr Viney. Standing Orders Committee — The President, Mr Dalla-Riva, Mr D. Davis, Mr Hall, Mr Lenders, Ms Pennicuik and Mr Viney. Joint committees Dispute Resolution Committee — (Council): Mr D. Davis, Mr Hall, Mr Jennings, Mr Lenders and Ms Pennicuik. (Assembly): Mr Batchelor, Mr Cameron, Mr Clark, Mr Holding, Mr McIntosh, Mr Robinson and Mr Walsh. Drugs and Crime Prevention Committee — (Council): Mrs Coote, Mr Leane and Ms Mikakos. (Assembly): Ms Beattie, Mr Delahunty, Mrs Maddigan and Mr Morris. Economic Development and Infrastructure Committee — (Council): Mr Atkinson, Mr D. Davis and Mr Tee. (Assembly): Ms Campbell, Mr Crisp and Ms Thomson. Education and Training Committee — (Council): Mr Elasmar and Mr Hall. (Assembly): Mr Dixon, Dr Harkness, Mr Herbert, Mr Howard and Mr Kotsiras. Electoral Matters Committee — (Council): Ms Broad, Mr P. Davis and Mr Somyurek. (Assembly): Ms Campbell, Mr O’Brien, Mr Scott and Mr Thompson. Environment and Natural Resources Committee — (Council): Mrs Petrovich and Mr Viney. (Assembly): Ms Duncan, Mrs Fyffe, Mr Ingram, Ms Lobato, Mr Pandazopoulos and Mr Walsh. Family and Community Development Committee — (Council): Mr Finn, Mr Scheffer and Mr Somyurek. (Assembly): Mr Noonan, Mr Perera, Mrs Powell and Ms Wooldridge. House Committee — (Council): The President (ex officio), Mr Atkinson, Ms Darveniza, Mr Drum, Mr Eideh and Ms Hartland. (Assembly): The Speaker (ex officio), Ms Beattie, Mr Delahunty, Mr Howard, Mr Kotsiras, Mr Scott and Mr K. Smith. Law Reform Committee — (Council): Mrs Kronberg, Mr O’Donohue and Mr Scheffer. (Assembly): Mr Brooks, Mr Clark, Mr Donnellan and Mr Foley. Outer Suburban/Interface Services and Development Committee — (Council): Mr Elasmar, Mr Guy and Ms Hartland. (Assembly): Ms Green, Mr Hodgett, Mr Nardella, Mr Seitz and Mr K. Smith. Public Accounts and Estimates Committee — (Council): Mr Barber, Mr Dalla-Riva, Ms Huppert and Mr Rich-Phillips. (Assembly): Ms Munt, Mr Noonan, Mr Scott, Mr Stensholt, Dr Sykes and Mr Wells. Road Safety Committee — (Council): Mr Koch and Mr Leane. (Assembly): Mr Eren, Mr Langdon, Mr Mulder, Mr Trezise and Mr Weller. Rural and Regional Committee — (Council): Ms Darveniza, Mr Drum, Ms Lovell, Ms Tierney and Mr Vogels. (Assembly): Ms Marshall and Mr Northe. Scrutiny of Acts and Regulations Committee — (Council): Mr Eideh, Mr O’Donohue, Mrs Peulich and Ms Pulford. (Assembly): Mr Brooks, Mr Carli, Mr Jasper, Mr Languiller and Mr R. Smith. Heads of parliamentary departments Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Dr S. O’Kane

MEMBERS OF THE LEGISLATIVE COUNCIL FIFTY-SIXTH PARLIAMENT — FIRST SESSION

President: The Hon. R. F. SMITH Deputy President: Mr BRUCE ATKINSON Acting Presidents: Mr Eideh, Mr Elasmar, Mr Finn, Mr Leane, Ms Pennicuik, Mrs Peulich, Ms Pulford, Mr Somyurek and Mr Vogels Leader of the Government: Mr JOHN LENDERS Deputy Leader of the Government: Mr GAVIN JENNINGS Leader of the Opposition: Mr DAVID DAVIS Deputy Leader of the Opposition: Ms WENDY LOVELL Leader of The Nationals: Mr PETER HALL Deputy Leader of The Nationals: Mr DAMIAN DRUM

Member Region Party Member Region Party Atkinson, Mr Bruce Norman Eastern Metropolitan LP Leane, Mr Shaun Leo Eastern Metropolitan ALP Barber, Mr Gregory John Northern Metropolitan Greens Lenders, Mr John Southern Metropolitan ALP Broad, Ms Candy Celeste Northern Victoria ALP Lovell, Ms Wendy Ann Northern Victoria LP Coote, Mrs Andrea Southern Metropolitan LP Madden, Hon. Justin Mark Western Metropolitan ALP Dalla-Riva, Mr Richard Alex Gordon Eastern Metropolitan LP Mikakos, Ms Jenny Northern Metropolitan ALP Darveniza, Ms Kaye Mary Northern Victoria ALP O’Donohue, Mr Edward John Eastern Victoria LP Davis, Mr David McLean Southern Metropolitan LP Pakula, Hon. Martin Philip Western Metropolitan ALP Davis, Mr Philip Rivers Eastern Victoria LP Pennicuik, Ms Susan Margaret Southern Metropolitan Greens Drum, Mr Damian Kevin Northern Victoria Nats Petrovich, Mrs Donna-Lee Northern Victoria LP Eideh, Mr Khalil M. Western Metropolitan ALP Peulich, Mrs Inga South Eastern Metropolitan LP Elasmar, Mr Nazih Northern Metropolitan ALP Pulford, Ms Jaala Lee Western Victoria ALP Finn, Mr Bernard Thomas C. Western Metropolitan LP Rich-Phillips, Mr Gordon Kenneth South Eastern Metropolitan LP Guy, Mr Matthew Jason Northern Metropolitan LP Scheffer, Mr Johan Emiel Eastern Victoria ALP Hall, Mr Peter Ronald Eastern Victoria Nats Smith, Hon. Robert Frederick South Eastern Metropolitan ALP Hartland, Ms Colleen Mildred Western Metropolitan Greens Somyurek, Mr Adem South Eastern MetropolitanALP Huppert, Ms Jennifer Sue1 Southern Metropolitan ALP Tee, Mr Brian Lennox Eastern Metropolitan ALP Jennings, Mr Gavin Wayne South Eastern Metropolitan ALP Theophanous, Hon. Theo Charles Northern Metropolitan ALP Kavanagh, Mr Peter Damian Western Victoria DLP Thornley, Mr Evan William2 Southern Metropolitan ALP Koch, Mr David Frank Western Victoria LP Tierney, Ms Gayle Anne Western Victoria ALP Kronberg, Mrs Janice Susan Eastern Metropolitan LP Viney, Mr Matthew Shaw Eastern Victoria ALP Vogels, Mr John Adrian Western Victoria LP

1 Appointed 3 February 2009 2 Resigned 9 January 2009

CONTENTS

TUESDAY, 3 FEBRUARY 2009 AUDITOR-GENERAL Preparedness to Respond to Terrorism BUSINESS OF THE HOUSE Incidents — Essential Services and Critical Filming of proceedings ...... 1 Infrastructure...... 16 General business ...... 18 VICTORIAN LAW REFORM COMMISSION RESIGNATION OF MEMBER ...... 1 Assistance Animals ...... 16 JOINT SITTING OF PARLIAMENT PAPERS...... 16 Legislative Council vacancy ...... 1, 14, 57 MEMBERS STATEMENTS ROYAL ASSENT...... 2 Bushfires: Gippsland ...... 18, 19, 20, 21 ASSISTED REPRODUCTIVE TREATMENT BILL and Former Minister for Industry and Trade: salary...... 19 HEALTH SERVICES LEGISLATION AMENDMENT Infrastructure: community concern...... 19 BILL Australian Slovak community: congress ...... 20 Clerk’s amendments...... 2 Former Minister for Industry and Trade: PERSONAL EXPLANATION ministerial duties ...... 20 Hon. T. C. Theophanous ...... 2 Harry Nicolaides...... 20 Electricity: supply ...... 21, 23 MINISTRY...... 2 Monsignor Joseph Takchi...... 22 QUESTIONS WITHOUT NOTICE Australia Day: City of Banyule ...... 22 Commonwealth-state relations: funding ...... 3 Frankston: reservoir park...... 22 Economy: global financial crisis ...... 4 Bushfires: Endeavour Hills ...... 22 Former Minister for Industry and Trade: office Water: domestic usage...... 22 search ...... 5 Crime: street violence...... 23 Automotive industry: government support ...... 5 Government: annual statement of intentions ...... 23 Stamp duty: leases...... 7 FUNDRAISING APPEALS AND CONSUMER ACTS Planning: desalination plant...... 8 AMENDMENT BILL Electricity: supply...... 9 Second reading ...... 24 Bushfires: community preparedness...... 10 Third reading ...... 33 Treasurer: former adviser...... 11 NEW MEMBER Workplace relations: federal reform ...... 12 Ms Huppert ...... 33 Supplementary questions RELATIONSHIPS AMENDMENT (CARING Commonwealth-state relations: funding ...... 3 RELATIONSHIPS) BILL Former Minister for Industry and Trade: office Second reading ...... 33 search ...... 5 Third reading ...... 41 Stamp duty: leases...... 7 CRIMES LEGISLATION AMENDMENT (FOOD AND Electricity: supply...... 10 DRINK SPIKING) BILL Treasurer: former adviser...... 12 Second reading ...... 41 DISTINGUISHED VISITOR...... 8 Third reading ...... 49 QUESTIONS ON NOTICE RESOURCES INDUSTRY LEGISLATION Answers ...... 13 AMENDMENT BILL PETITIONS Introduction and first reading ...... 49 Ambulance services: Frankston...... 14 ADJOURNMENT Buses: Nunawading ...... 14 Racing: regional and rural Victoria...... 49 Abortion: legislation ...... 14 Otway Basin: carbon storage...... 49 Hampton Park: hoon driving...... 14 Schools: Netbook project...... 50 Planning: residential zones...... 15 Nursing homes: air conditioning...... 51 ABORIGINAL AFFAIRS VICTORIA Planning: fire regulations compliance...... 52 Indigenous affairs report 2007–08 ...... 15 Parks: Kilsyth South retarding basin ...... 52 Tourism: Mitchell shire ...... 53 EDUCATION AND TRAINING COMMITTEE Metropolitan Fire Brigade: Footscray station ...... 53 Effective strategies for teacher professional City of Wyndham: election ...... 54 learning ...... 15 Monash Freeway: noise barriers ...... 54 SCRUTINY OF ACTS AND REGULATIONS Responses...... 55 COMMITTEE Alert Digest No. 1...... 16 ROAD SAFETY COMMITTEE Improving safety at level crossings...... 16 CONTENTS

WEDNESDAY, 4 FEBRUARY 2009 SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL ACTING PRESIDENTS...... 59 Introduction and first reading...... 131 Statement of compatibility...... 131 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Second reading...... 132 Membership...... 59 RESOURCES INDUSTRY LEGISLATION ANNUAL STATEMENT OF GOVERNMENT AMENDMENT BILL INTENTIONS ...... 59 Statement of compatibility...... 134 AUDITOR-GENERAL Second reading...... 135 Literacy and Numeracy Achievement...... 59 ADJOURNMENT MEMBERS STATEMENTS Ballarat District Nursing and Healthcare: Bushfires: north–south pipeline construction...... 59 funding ...... 136 Public transport: advertising standards...... 59 Racing: regional and rural Victoria...... 136 Goulburn Valley Health: funding ...... 60 Parkside estate, Shepparton: street names...... 137 Racing: regional and rural Victoria...... 60, 61 Libraries: Colac...... 137 Bridges: Barwon Heads...... 60 Public transport: Southern Metropolitan Region ...... 138 Great South Coast: strategic plan ...... 61 Inverleigh-Winchelsea Road: traffic ...... 138 Skills training: Laverton awards...... 61 Public transport: rolling stock...... 139 Australia Day: Bacchus Marsh and Geelong...... 62 Victorian Environmental Assessment Council: Cycling: Manningham infrastructure...... 62 recommendations...... 139 Federal government: economic adviser ...... 62 Phillip Island: Summerlands estate...... 140 Whittlesea: Chinese New Year festival...... 62 Wallan–Kilmore bypass: construction...... 140 Darebin: Greek festival...... 63 Environment: waste recycling ...... 141 Rail: Merri Creek bridge ...... 63 Air services: landing fees...... 142 PUBLIC TRANSPORT: PRODUCTION OF Responses ...... 142 DOCUMENTS ...... 63 PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES ...... 70, 92, 103, 125 THURSDAY, 5 FEBRUARY 2009 QUESTIONS WITHOUT NOTICE Land tax: rates...... 79 PETITION Planning: housing projects ...... 80 Planning: Bayside villages ...... 143 Water: desalination plant...... 82 PAPERS...... 143 Economy: green sector employment...... 83 BUSINESS OF THE HOUSE Stamp duty: leases...... 84 Adjournment...... 143 Information and communications technology: MEMBERS STATEMENTS government initiatives...... 85 Australia Day: Eastern Metropolitan Region Budget: surplus...... 86 awards...... 143 Financial services: government assistance ...... 87 Planning: Bayside villages ...... 143 Timber industry: East Gippsland...... 88 Water: small block irrigators ...... 144 Regional and rural Victoria: government Planning: Premier’s comments ...... 144 initiatives ...... 90 Road safety: yellow card initiative ...... 144 Supplementary questions Aviation industry: open skies policy...... 145 Land tax: rates...... 80 Economy: federal stimulus package...... 145 Water: desalination plant...... 82 Economy: credit ratings...... 145 Stamp duty: leases...... 84 Rail: Lynbrook station ...... 145 Budget: surplus...... 86 STATEMENTS ON REPORTS AND PAPERS Timber industry: East Gippsland...... 89 Department of Transport: report 2007–08 ...... 145 SUSPENSION OF MEMBERS Rural and Regional Committee: rural and Mrs Peulich ...... 85 regional tourism...... 146 Mr P. Davis ...... 125 Victims of Crime Assistance Tribunal: report QUESTIONS ON NOTICE 2007–08 ...... 147 Answers...... 91 Department of Sustainability and Environment: report 2007–08 ...... 148 RULINGS BY THE CHAIR Rural and Regional Committee: government Supplementary question: admissibility ...... 91 response to inquiry into rural and regional DISTINGUISHED VISITOR...... 103 tourism ...... 149 Auditor-General: Literacy and Numeracy Achievement...... 149 CONTENTS

Country Fire Authority: report 2007–08...... 150 Roads: Footscray tunnel...... 214 Road Safety Committee: improving safety at Housing: Northern Metropolitan Region...... 214 level crossings...... 151 Gippsland Lakes: salinity ...... 215 Murray-Darling Basin Commission: report Crib Point: bitumen plant...... 215 2007–08...... 152 Duck hunting: season ...... 215 Auditor-General: Preparedness to Respond to Shepparton: children’s centre ...... 216 Terrorism Incidents — Essential Services and Taxis: driver certification ...... 216 Critical Infrastructure...... 152 Public transport: rolling stock...... 217 DISTINGUISHED VISITOR...... 149 Bolton Street, Eltham: upgrade...... 217 PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE Schools: Eastern Metropolitan Region ...... 218 Membership...... 153 Planning: Chelsea project...... 218 Responses...... 219 ANNUAL STATEMENT OF GOVERNMENT INTENTIONS ...... 158, 179 SERIOUS SEX OFFENDERS MONITORING WRITTEN ADJOURNMENT RESPONSES AMENDMENT BILL Second reading...... 159, 172 TUESDAY, 3 FEBRUARY 2009 Third reading...... 174 ABSENCE OF MINISTER...... 163 Planning: residential zones ...... 223, 224 QUESTIONS WITHOUT NOTICE Budget: Autism Teaching Institute ...... 224 Former Parliamentary Secretary for Western Autistic School, Deer Park: relocation...... 225 Innovation: conduct ...... 163 Schools: responsible gambling program ...... 225 Manufacturing: future...... 163 Clearways: small business...... 226 Information and communications technology: Mallacoota: community centre...... 226 Satyam Computer Services...... 165, 167 Regional and rural Victoria: tourism initiatives...... 226 Aviation industry: government assistance...... 165, 166 John Valves Pty Ltd: contracts...... 227 Climate change: government initiatives...... 167 Inner South Community Health Service: Electricity: Katunga supply ...... 169 resourcing health and education program ...... 228 Planning: residential zones...... 170 Alcohol: binge drinking ...... 228 Port Phillip Bay: channel deepening...... 171 Monash Freeway: noise barriers ...... 229 Economy: Victorian plan ...... 171 Dental services: eastern suburbs...... 229 Western Melbourne Tourism: funding ...... 230 Supplementary questions Skills training: discussion paper ...... 231 Former Parliamentary Secretary for Gaming: smoking ban...... 232 Innovation: conduct ...... 163 Planning: Melbourne...... 232 Information and communications technology: WorkChoices: Roy Morgan Research...... 233 Satyam Computer Services...... 165, 167 Employment: regional and rural Victoria...... 233 Electricity: Katunga supply ...... 169 Melbourne Wholesale Fish Market: closure...... 234 Port Phillip Bay: channel deepening...... 171 Plastic bags: supermarket trial ...... 234 SUSPENSION OF MEMBER City of Stonnington: street violence...... 235 Mr Finn...... 166 Drugs: government policy ...... 235 MAJOR CRIME LEGISLATION AMENDMENT BILL Schools: walking bus program...... 236 Second reading...... 174 Drought: rate subsidy...... 237 Third reading...... 178 Consumer affairs: Browns Gas...... 238 EQUAL OPPORTUNITY AMENDMENT Alfred hospital: performance...... 239 (GOVERNANCE) BILL Planning: Cardinia land...... 239 Introduction and first reading...... 190 Teson Trims: closure ...... 240 Statement of compatibility...... 190 Stamp duty: superannuation funds...... 241 Second reading...... 191 Geelong Hospital: funding ...... 241 Ambulance services: Ararat and Stawell ...... 242 CRIMINAL PROCEDURE BILL Echuca: wharf...... 242 Introduction and first reading...... 193 Tourism: Heathcote ...... 243 Statement of compatibility...... 193 Employment: ways2work website...... 243 Second reading...... 205 Manufacturing: government strategy...... 244 ADJOURNMENT Schools: Catholic sector...... 245 St Paul’s Cathedral, Bendigo: restoration...... 211 Regional and rural Victoria: obstetric services...... 246 Lake Purrumbete: boat ramp...... 212 Schools: classroom design guidelines...... 246 Wild pigs: control...... 212 WorkCover: interstate medical services ...... 247 Mentone beach: pollution ...... 213, 219 Gas: Macedon Ranges supply...... 247 Housing: disruptive tenants ...... 214 CONTENTS

Bushfires: western Victoria restrictions ...... 248 Royal Women’s Hospital: maternity services...... 249 Locusts: control...... 249 Bushfires: Barmah fuel reduction...... 250 Cathedral College, Wangaratta: project fund...... 251 Ambulance services: Bendigo...... 251 Ambulance services: Frankston...... 252 Box Hill Hospital: patient services ...... 253 Goulburn Valley Water: former chair ...... 253 Bendigo: fire station upgrades...... 254 Victoria University: campus closures...... 254 City of Greater Geelong: councillor...... 255 Police: Bendigo ...... 255 Water: restrictions...... 256 Poliomyelitis: services...... 257 Middle Park: beach renourishment...... 257 Bendigo hospital: redevelopment ...... 258, 263 Water: Macedon Ranges...... 258 Ford Australia: Geelong plant...... 259 Disability services: supported accommodation...... 260 Ambulance services: regional and rural Victoria...... 260 Children: Keeping Baby Safe — A Guide to Nursery Furniture ...... 261 Country Fire Authority: Nelson station...... 261 Police: Ashburton station...... 261 Water: charges ...... 262 Water: fluoridation...... 263 Woori Yallock Creek: stream flow management...... 264 Pensioners: concessions...... 265 Boating: Patterson River...... 266 Sale Common State Game Refuge: walking track...... 267 Housing: quarterly rental report ...... 267 Water: Tasmanian pipeline...... 268 Torquay: police station site...... 268 WorkCover: audiology claims ...... 269 Planning: Bruces Creek...... 269

THURSDAY, 5 FEBRUARY 2009

Patient transport assistance scheme: reimbursement...... 271

MEMBERS INDEX ...... i BUSINESS OF THE HOUSE

Tuesday, 3 February 2009 COUNCIL 1

Tuesday, 3 February 2009 of this vacancy. This is the first time under the Victorian constitution there has been a casual vacancy where the The PRESIDENT (Hon. R. F Smith) took the chair principle has been replacing like with like. If the electors at 3.03 p.m. and read the prayer. of a region returned a person from one party, they are to be replaced another member of by that party.

BUSINESS OF THE HOUSE This concept is not new. Members may recall that after the commonwealth Senate changes came about in 1949, Filming of proceedings the first time there was a casual vacancy was following the departure of a Labor senator from Western Australia. The PRESIDENT — Order! I wish to inform The then Liberal Premier Brand of Western Australia members that further to some filming of proceedings initiated the procedure of replacing like with like, where undertaken in the last sitting week of 2008 I have given the state Liberal government appointed a Labor senator. approval for filming of proceedings in the Council for That was convention, and there were obviously abrupt the whole sitting week. Once again the purpose of the changes to that convention during the 1970s, which is filming is for the possible production of a program on history, but the Fraser government then amended the Channel 31. federal constitution to bring about this procedure, so it is important to note that we are doing that.

RESIGNATION OF MEMBER I also put on record again the cooperation of the opposition in achieving this and also put on record the The PRESIDENT — Order! I have received the intention of the Leader of the Opposition to pair the following communication from the Governor: vacancy of Mr Thornley until it is actually filled. That I advise that on 9 January 2009 I received a letter from is important; proportionality is important; and this Mr Evan Thornley resigning his seat in the Legislative motion expedites these constitutional provisions to be Council. A copy of that letter is enclosed for your reference. carried out for the first time in this state. I urge a speedy Upon my receipt of that letter Mr Thornley’s seat in the passage of this motion. Legislative Council became vacant. I note that, in accordance with section 27A of the Constitution Act 1975, a joint sitting Mr D. DAVIS (Southern Metropolitan) — I wish to of the Council and the Assembly is required to fill this make a number of brief comments about this motion. vacancy. The opposition had serious concerns about the constitutional changes made a number of years ago, in It is signed by Governor de Kretser. This letter was 2003. Indeed I believe both the Liberal Party and The received on Friday, 9 January. Nationals voted against those changes at the time. Accompanying the letter is the actual resignation from Notwithstanding that, the constitution is as it is today, Mr Thornley, which reads: and under those provisions it is clear that a member of the same party ought to be appointed. I hereby resign as a member of the Legislative Council for the Southern Metropolitan Region. It is a historic moment, and I put on record our concern that the people of Southern Metropolitan Region — It has been an honour to represent the people of Victoria. which is my region and Mr Lender’s region — will be denied a by-election. It is true that it is not quite the JOINT SITTING OF PARLIAMENT same as the federal arrangements, because a referendum was held in 1977 to clarify this matter, Legislative Council vacancy when the Australian people had their say. In this case there was no referendum or plebiscite. Mr LENDERS (Treasurer) — I move, by leave — Having said that, I believe that the principle here is that That this house meets the Legislative Assembly for the the constitution needs to be followed. I am pleased to purpose of sitting and voting together to choose a person to hold the vacant seat in the Legislative Council rendered see that procedures are in place to hold a joint sitting vacant by the resignation of Mr Evan William Thornley and and to fill that vacancy for Southern Metropolitan propose that the time and place of such meeting be the Region. The opposition will assist in that process. I Legislative Assembly chamber this day at 6.15 p.m. make the point quite clearly that this is a process that will establish a precedent for the future. I believe it is I make a few brief comments about this motion. Firstly, important that those vacancies be filled quickly, and it I thank the chamber for its cooperation to date and seek is also important on this occasion that the motion sets the cooperation of the chamber in expediting the filling ROYAL ASSENT

2 COUNCIL Tuesday, 3 February 2009 out when the Council believes it should hold such a Health Services Legislation Amendment Bill sitting. I hope the Assembly will agree with that In clause 6(3) in the reference to the Health Services Act resolution. That would establish a practice that would 1998, ‘1998’ has been deleted and ‘1988’ has been inserted so apply in the future. that the title of the act is correct.

Mr BARBER (Northern Metropolitan) — The Greens will assist with this motion, but since we have PERSONAL EXPLANATION had a little lesson on comparative political systems, I point out that the Tasmanian Parliament, virtually in Hon. T. C. Theophanous parallel to what we are doing, is also filling an unfortunate casual vacancy; but it is doing that via a Hon. T. C. THEOPHANOUS (Northern countback process. That is, of course, the method the Metropolitan) — President, I seek leave to make a Greens would prefer to see implemented here in personal explanation, a copy of which I have provided Victoria, and we may have some further action on that to you. before the year is out. On 13 October 2008 I notified the Premier that I was Motion agreed to. standing down as a minister following the investigation of a formal complaint laid against me. I indicated in a media statement at that time that I would seek leave ROYAL ASSENT from Parliament, and therefore I notified you, President, that I would not be attending Parliament in the Message read advising royal assent on 11 December immediate future. You indicated to me that no formal to: request was required at that stage but that, should I remain away for a protracted period, it would be Assisted Reproductive Treatment Act prudent to notify you in writing. Subsequently, on Coroners Act 10 November, I wrote to you and informed you that I Courts Legislation Amendment (Costs Court and would not be attending Parliament for the remainder of Other Matters) Act 2008. Health Services Legislation Amendment Act Multicultural Victoria Amendment Act Following the completion of the investigation of the Professional Standards and Legal Profession Acts complaint made against me the matter is now sub Amendment Act judice, and it is inappropriate for me to refer to it in the house. I will not do so. Prostitution Control and Other Matters Amendment Act I subsequently faced the difficult situation of having to Salaries Legislation Amendment (Salary decide whether to resume my duties as an elected Sacrifice) Act member of Parliament. I feel that I cannot in all State Taxation Acts Further Amendment Act conscience remain a member without attending Transport Legislation Amendment (Driver and Parliament and without representing my constituents in Industry Standards) Act. this house. I have therefore decided to resume my place in the Parliament and to do my utmost to represent my constituents and of course my party. Obviously this is ASSISTED REPRODUCTIVE TREATMENT an extremely difficult time for me, for my family and, I BILL and HEALTH SERVICES think, also for many of my supporters, but I will do my LEGISLATION AMENDMENT BILL best to carry out my duties as a member of this house. I thank the house. Clerk’s amendments

The PRESIDENT — Order! I have received a MINISTRY report from the Clerk of the Parliaments notifying that he has made the following corrections: Mr LENDERS (Treasurer) — I rise to formally advise the house that following Mr Theophanous’s Assisted Reproductive Treatment Bill resignation as a minister there has been a reallocation of In clause 153, in new section 17B(3), ‘subsection’ has been portfolios. Mr Pakula becomes Minister for Industry inserted before ‘(2)’ so that 17B(3) begins ‘The Registrar and Trade and Minister for Industrial Relations and will must not issue the addendum referred to in subsection (2)…’. also represent in this house Legislative Assembly ministers responsible for the Department of Innovation, QUESTIONS WITHOUT NOTICE

Tuesday, 3 February 2009 COUNCIL 3

Industry and Regional Development, the Department of We could say that the federal Treasurer, a Victorian with Transport and the Department of Primary Industries. 11 years in the job, has been just a little bit slow in looking after his home state. In addition to my existing portfolio I have been sworn Recent announcements by the federal Labor in as Minister for Financial Services and Minister for government have seen Victoria receive less than 10 per Information and Communication Technology, and I cent of allocations under the Housing Affordability will continue to represent ministers from the Assembly Fund and just 13.5 per cent of funding under the responsible for the Department of Premier and Cabinet, National Rental Affordability Scheme. Have the the Department of Treasury and Finance and the Treasurer and the Premier allowed Victoria to be sold Department of Education and Early Childhood short by backing down on their statements and Development. accepting less than 24.8 per cent of commonwealth Mr Jennings will continue in his portfolios and continue funding? to represent ministers in the Assembly responsible for Mr LENDERS (Treasurer) — No. the Department of Sustainability and Environment and the Department of Human Services. Supplementary question

Mr Madden, in addition to his own portfolio, will Ms LOVELL (Northern Victoria) — For someone continue to represent Assembly ministers responsible who was so vocal in criticising the Howard government for the Department of Justice and the Department of for allocating 22 per cent of funding to Victoria, it Planning and Community Development. appears the Treasurer is now prepared to be silent when the Rudd government allocates less than 10 per cent to In addition the Government Whip, Mr Viney, will be Victoria. I ask the Treasurer if new cooperative the day-to-day manager of government business in this federalism is really just an agreement that Labor states house. will not be critical of their federal Labor mates?

Mr LENDERS (Treasurer) — My answer to the QUESTIONS WITHOUT NOTICE substantive question summed it up — this government has not let down the state of Victoria. In fact this state Commonwealth-state relations: funding Labor government has led the way in actually putting Ms LOVELL (Northern Victoria) — I direct my cooperative federalism in place. As Ms Lovell well question without notice to the Treasurer. I refer to the knows, if we are talking about federalism and Treasurer’s numerous statements that Victoria should cooperation, what we are talking about is delivering get a share of federal funding in line with our jobs in Victoria and delivering resources to the state of proportion of Australia’s population, including his Victoria. statement in this house on 23 August 2007, where he In December last year we had the fifth Council of said: Australian Governments meeting since the election of Victoria gets 22 per cent of the grants and special purpose the Rudd Labor government. What we saw at that payments, yet we make up 24.8 per cent of the nation’s COAG meeting was the most significant addition of population. You could say that in itself is a historical funding to the states, in particular Victoria, that we have anomaly. We could say that the federal Treasurer, a Victorian seen in the history of this great federation. Ms Lovell with 11 years in the job, has been just a little bit slow — — may choose to look at a number of the benchmarks: the Mr Leane — On a point of order, President, late last largest single component of straight revenue from the year in Parliament you made a ruling that asking a commonwealth is transfer payments from the goods question at question time was not an opportunity to and services tax. When Peter Costello was the federal make a long-winded statement. I think this member is Treasurer — — flouting that ruling. Mrs Coote interjected. The PRESIDENT — Order! Mr Leane is correct that I made that statement last year. However, I Mr LENDERS — I know Mrs Coote has his picture disagree with his assessment that it has been a on her office wall. When Peter Costello was the federal long-winded question to date. I am sure the member has Treasurer the state of Victoria received 82 cents of taken note of his comment. every GST dollar back from the commonwealth, which saw a transfer of $2 billion a year of Victorian money Ms LOVELL — I will finish the quote: to other states. As I speak today, Victoria receives more QUESTIONS WITHOUT NOTICE

4 COUNCIL Tuesday, 3 February 2009 than 92 cents in every GST dollar that is raised in this economic position and what action the Brumby Labor state, which has resulted in a transfer back to the state government has taken to help shield working families of over $1 billion. If we are talking of the difference from the global financial crisis. between Labor and Liberal governments organising to protect the interests of this state, the Labor government Mr LENDERS (Treasurer) — I thank fights for resources for the state of Victoria — for jobs Ms Darveniza for her question and her ongoing interest and services — while the Liberal government puts up in where Victoria fits into the national and global the white flag and pours money into marginal seats in phenomenon that is staring every government and South Australia and Queensland. every citizen on this planet in the face. The first thing to note is that we now have what the International If Ms Lovell wishes to dissect various lines to paint a Monetary Fund calls a global recession. We are seeing picture, she can obviously look to lines that assist most of our major trading partners operate in remote indigenous communities, for example. She can economies that are contracting. look to federal money for remote indigenous communities — and Victoria has a strong indigenous I was in the USA and the UK over January — taking up population but not the remote indigenous communities Mr Rich-Phillips’s advice that as Treasurer I should go that other states and territories do. She can look to to the financial markets more — and the thing to note various components of commonwealth grants, extract about what is happening with the economic slowdown amounts and put whichever spin she wishes to put on is that this is the first time, certainly in recent memory, them. But this Labor government has delivered more in it has been global. Those of us who watched the news housing than its predecessor, it has delivered more of its services last night saw a startling figure: the Chinese own money and more federal money, and the federal department of agriculture was predicting that over the Labor government is delivering money to the state of lunar New Year holiday period between 20 million and Victoria and to the entire country like no Liberal 30 million Chinese citizens who went home to their government did. I will conclude by saying this: judge villages would be told there was no work for them back this federation and judge this government by the results. in the cities. That is the magnitude of what the world is facing now with the global recession. We are seeing a Honourable members interjecting. slowdown not just in the US and Europe but also in the tiger economies. That is the magnitude of what the The PRESIDENT — Order! It seems we are back Chinese department of agriculture reported in the last on track on the first day back. I ask the house to abide couple of days. by the standards we have set. That is a sobering context for us, and it is time to reflect Mr LENDERS — The Prime Minister today on how our state and our country are positioned to deal announced a $40 billion-plus stimulus package for the with these global circumstances as well as on the Australian economy. The Prime Minister today called a strengths we have, how we should position ourselves to meeting of the Council for the Australian Federation. go forward and how we can work in partnership with He will expect the Premier and I to be in Canberra on our national government and with international Thursday to attend that meeting, where we will have agencies to protect the state of Victoria from the global further discussion of how the stimulus package assists shock and then, when the global shock has come, to this state. This government, in partnership with the mitigate that and go forward into the future. federal government, is delivering the services and the jobs that help this state in a time of what the There are a number of things we can do. Sound fiscal International Monetary Fund calls ‘global recession’. policy assists us in a number of ways. Putting money aside in the difficult years allows us to invest in I will work shoulder to shoulder with the federal infrastructure, as we are doing now, not just to stimulate government. I will not look back to the dark days of the the economy and bring in important jobs but also to Howard and Kennett governments, because we are build the economy for the future. Nine years of sound dealing with the crisis and looking to the future; and fiscal management has enabled this government to do that is the sort of federation Victorian citizens want. more than probably any other government in Australia in the current circumstances. Some of these things are Economy: global financial crisis real — they are real things that we have opportunities to deal with at the moment. I refer to items like channel Ms DARVENIZA (Northern Victoria) — My deepening, which not only creates 2200 jobs now but question is to the Treasurer, John Lenders. I ask the also strengthens the position of Victoria and Melbourne Treasurer to update the house as to Victoria’s current to go forward for exports. I am talking about the food QUESTIONS WITHOUT NOTICE

Tuesday, 3 February 2009 COUNCIL 5 bowl modernisation project and the desalination plant, The PRESIDENT — Order! Before I ask for which are not only waterproofing the state but also Mr David Davis’s supplementary question, I want to delivering 3180 jobs now, at a time of global recession. make a comment. My public position on this is well Let us talk about the Victorian transport plan, a known. So too are his comments on my position, which $38 billion plan that was announced last December to caused me some grief. The fact that he has asked the take us forward, not only delivering infrastructure for minister about something that has nothing to do with the the future but also delivering 10 000 Victorian jobs per minister’s portfolios is another matter, but I wanted this year and building the state. clarified on the record, because I knew what the outcome would be. I make it clear to Mr Davis that if he Ms Darveniza asked a question about what in particular has any questions or queries about my role in all of this, the government is doing. he is free to come to my office at any time and ask me.

Mr Atkinson interjected. Supplementary question

Mr LENDERS — Mr Atkinson mocks it. He comes Mr D. DAVIS (Southern Metropolitan) — My from the party that criticised the regional fast rail supplementary question to the Leader of the project — criticised this government for building rail Government is: when did he, as Leader of the infrastructure to regional Victoria. Government, become aware that members of the Victoria Police had searched the Parliament House What we require now is sound management, office of the former Minister for Industry and Trade, investment in infrastructure and collaboration with the and when did the government become aware of this? commonwealth, collaboration with the private sector and collaboration with international agencies to take us Mr LENDERS (Treasurer) — I have answered through the global recession. This state is better Mr David Davis in my substantive answer. I think it is positioned than any other part of Australia because of particularly dangerous to be speculating in the its groundbreaking investment — the quadrupling of Parliament on an issue that is sub judice. I have infrastructure expenditure before it was fashionable; the answered the question, and if Mr David Davis wants commitment to rail and regional rail infrastructure any further information, I invite him to address a when the opposition mocked it; and building question on notice to whomever he chooses in the investment in skills and jobs — in the things we need. government.

I say to Ms Darveniza that this government has The PRESIDENT — Order! I advise all members invested; there is a lot more to be done, but Victoria’s that the issue of sub judice concerning the matter we all economy is better positioned than most to withstand know about is quite relevant. While I respect Minister this global shock. Lenders’s position, I will be the final judge as to whether any questions or comments are sub judice. Former Minister for Industry and Trade: office search Automotive industry: government support

Mr D. DAVIS (Southern Metropolitan) — My Ms TIERNEY (Western Victoria) — My question question is for the Leader of the Government. Will the is to the Minister for Industry and Trade. Will the Leader of the Government inform the chamber whether minister update the house on how the Brumby Labor the President sought any advice from the government government is taking action to ensure that Victoria before allowing Victoria Police to search the remains the engine room of the automotive industry, parliamentary office of the former Minister for Industry and in doing so will the minister outline the challenges and Trade? the industry is facing?

Mr LENDERS (Treasurer) — Mr David Davis Hon. M. P. PAKULA (Minister for Industry and asked the question of the Leader of the Government. I Trade) — I would like to thank Ms Tierney for her have no ministerial responsibilities whatsoever as the question. While doing so, I would also like to indicate Leader of the Government. If he asked me as the how proud I am to serve this government as a minister minister representing the Premier, which I assume and to thank honourable members who have offered me would be the correct terminology for the role in their good wishes and congratulations, including some government, I am loath to answer the question because members opposite — some of whom actually meant it! of the sub judice issue, but I can say categorically that the first I heard about the issue was when I read about it The Brumby Labor government is working closely with in the media. a range of parties in the automotive space. We are QUESTIONS WITHOUT NOTICE

6 COUNCIL Tuesday, 3 February 2009 working closely with the Rudd Labor government. We concept stage all the way through to production. We are are working closely with automotive companies. We taking action and working with the car companies, with are working closely with component manufacturers, the component suppliers and with the federal and we are working with unions to ensure a long-term government to identify strategies to address the current future for the Victorian automotive industry. challenges. Some of those strategies include the Victorian automotive manufacturing action plan, which Victoria remains the engine room of Australia’s was released last year and focuses on business automotive industry. It is a sector that is worth development, investment and global market access. We $15 billion to the state economy, and it employs have established the $50 million industry transition roughly 35 000 people. The government remains fully fund, which will assist in the restructuring of the committed to it, as we have outlined in our component sector. We are assisting companies to manufacturing statement, Building Our Industries for increase the scale of their operations by exporting. We the Future. are working very closely with our federal counterparts, particularly on the $6.2 billion car plan that was In 2008 alone, exports of vehicles and components released by federal minister for Innovation, Industry, from Victoria totalled more than $3 billion. Of the Science and Research, Kim Carr, last year. 170 000 vehicles exported from Australia, 107 000 came from Victoria. There have been some real votes As a consequence of all that work in that space by both of confidence in the automotive industry coming from the Victorian and the federal governments, the major the major players in the industry. Since October 1999 vehicle producers have shown their confidence in Toyota has announced its $45 million Toyota Technical manufacturing in Victoria by making major Center Asia Pacific Australia and, more recently, as announcements about their future in Victoria — the members would recall, announced the construction of hybrid Camry and the Ford Focus, just to name a the hybrid Camry in Altona. GM Holden (GMH) couple. announced its $386 million HFV6 engine plant, its investment in rear-wheel-drive architecture, and its new They are not the only challenges faced by the industry. head office building worth $200 million. Ford The other significant challenge faced by the industry is announced its $1.8 billion investment in the from those who have no confidence in it, from those development of the Orion platform and a new light who want to talk it down and from those who would commercial vehicle and the instigation of production of rather see the Victorian government and the federal the Ford Focus in Victoria, at a cost of $300 million. government give it up for dead.

Everybody knows there has been enormous pressure on Early in January I read comments in the Herald Sun, as the automotive industry from a number of sources as a many other members might also have read, which result of the global financial crisis — from the described the industry as being an industry in terminal invidious economic position that the parent companies decline, which described the industry as being a GMH and Ford find themselves in, from declining dead-end industry and which advised the Rudd consumer confidence and from declining sales of motor government to stop young workers from entering that vehicles worldwide. Particularly for the Victorian industry. industry there has been the rise in fuel prices, turning consumers away from the large passenger vehicles that Those comments did not come from the government, have traditionally been manufactured in Victoria. Along and they certainly did not come from the industry. They with that there has been a greater range of product came out of the bowels of the Institute of Public offerings from overseas. All of those things will Affairs, and they did not just come from anyone at the continue, for the foreseeable future, to challenge sales Institute of Public Affairs: they came from Mr Tim volumes for local manufacturers. As a consequence of Wilson, who, I am advised, is a former adviser to the all of that, as has been well reported, local Leader of the Opposition in the other house, Ted manufacturers have reduced production in line with Baillieu, and a close confidant of Mr David Davis — — market demand. There has been an extended shutdown over the 2008 Christmas period, and further down days Mr Guy interjected. have been scheduled. The PRESIDENT — Order! Mr Guy!

There is a lot of light at the end of the tunnel for the Hon. M. P. PAKULA — And maybe yours as well, automotive industry. Victoria continues to have a very Mr Guy. These are the comments coming from the strong skills base. We are one of a few jurisdictions bowels of the Liberal Party — that we should give the around the world that can develop a car right from the industry up for dead — — QUESTIONS WITHOUT NOTICE

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Mr Guy interjected. Mr LENDERS (Treasurer) — I thank Mr Rich-Phillips for his question and his interest in the Hon. M. P. PAKULA — That we should consider Duties Amendment Bill, which has been second-read in it — — the Legislative Assembly and is scheduled for debate at some stage in the future. Mr Finn — On a point of order, President, the minister is clearly debating this point. He may be new Mr Rich-Phillips is correct: the intent of the legislation to the job, but I think his understanding of the standing is to deal with loopholes which increasingly saw that a orders should at least have him answering the question number of people who were in the business of avoiding in an appropriate way. taxation were artificially creating 100, 200, 300-year leases of $1 per year and then paying a first-year The PRESIDENT — Order! Mr Finn has raised the payment in the hundreds of millions of dollars to avoid issue of experience and knowledge of the practices, or stamp duty. whatever. He knows full well that the minister is well within order in his answer; he can answer in any way, That was the intention of introducing the legislation. shape or form as long as his answer is relevant to the Clearly, as with any piece of taxation legislation that question, which I deem it to be. governments wish to announce and have take effect from the date of the announcement to prevent further Hon. M. P. PAKULA — Thank you, President, and avoidance, these things are often done quite quickly. I thank Mr Finn for the first point of order for me. There is nothing unusual about that, and over the period Mr Guy interjected. of time from when it is second-read in a house of Parliament, there is engagement with community and The PRESIDENT — Order! That is the third time I there is engagement with various stakeholders before have been forced to mention Mr Guy. It will be the last there is a formal debate in the Parliament itself, where before he exits here for 30 minutes. obviously the representatives of the community have that debate. Hon. M. P. PAKULA — My simple point is this: the kind of message that Mr Wilson has sent — that the I have welcomed discussion from various stakeholders industry is in terminal decline and that workers should over the summer period. The intention of the legislation have no confidence in it — is the wrong message to be is to get those large-scale evaders, as is always the sending to workers in the industry and to the consumers intention of any duties legislation when it comes to of Australian motor vehicles. those dark secrets of the land-rich provisions of the Duties Act, which a number of members in this house We on this side of the house are taking action to ensure have understood. I suspect most in the house have not that the Victorian automotive industry has a long-term understood it, but I know Mr Rich-Phillips has. future. That is our aim and that is what we are working to achieve: to ensure that 35 000 Victorian workers and These are complex matters. I can assure their families are not hung out to dry, like some in the Mr Rich-Phillips that we will continue to engage the opposition and some who would seek to have us give community and present legislation to this Parliament the industry up for dead would rather see occur. that will be vigorously debated, and I am sure it will pass his test of fair legislation that closes down Stamp duty: leases loopholes.

Mr RICH-PHILLIPS (South Eastern Supplementary question Metropolitan) — I refer to the reintroduction of stamp duty on leases and the Treasurer’s statement that the Mr RICH-PHILLIPS (South Eastern target is: Metropolitan) — I thank the Treasurer for his answer and his concession that perhaps all is not right with the the top end of the property market, this will not affect those bill that has been introduced in the other place. Given entering into ordinary commercial leases. that the duty changes are deemed to have come into Given the legislation has been botched and elderly effect on 21 November last year, what arrangements retirees entering retirement villages are now to be will be put in place for those who have already paid, or slugged with stamp duty, will the Treasurer assure about to pay, duty under that flawed legislation? Victorians that he will amend the legislation and fix up Mr LENDERS (Treasurer) — As I outlined to the this mess? house, legislation has been second-read in the Legislative Assembly, and discussions are continuing QUESTIONS WITHOUT NOTICE

8 COUNCIL Tuesday, 3 February 2009 as to whether there are any unintended consequences. I Mr Finn interjected. can assure Mr Rich-Phillips that 73 of the 74 members of the government, and I am the 74th, have already Hon. J. M. MADDEN — Let me remind Mr Finn been in my ear about a range of these issues. that with record temperatures and the driest season in many years, it is easy to realise and should be We have entered a dialogue with retirement villages reinforced that we must have a source of fresh drinking about any unintended consequences. We are discussing water that is independent of rainfall and can weather the these issues, and government members are clearly effects of climate change that we know the sceptics on reflecting the positions of their communities. We will the other side of the chamber do not believe in. look with an open mind to the various submissions that are made to us on how to improve the legislation. I As a government we are taking steps to ensure that we welcome Mr Rich-Phillips’s contribution when it secure Victoria’s water supplies into the future. The comes to the chamber. Victorian desalination project (VDP), which will do that, will be one of the largest projects embarked on in Mr Viney interjected. this state of any comparable project of any magnitude. It is vitally important that the planning process for this Mr LENDERS — I take up Mr Viney’s interjection project is transparent, integrated and timely, so that the that engaging with the community is a very novel way potential environmental effects can be reviewed. of doing legislation! In the days of the Kennett government it would come out of Treasury and be I am pleased to advise the house that the environment rubber-stamped through Cabinet, rubber-stamped effects statement (EES) process has now been through both houses of Parliament and rammed down completed. That process saw more than 80 specialist the throats of the community. We actually have a studies undertaken, including — and I will just name a dialogue. We are not afraid of dialogue, because few here — an analysis of the impacts on flora, fauna, dialogue and consultation make legislation better. cultural heritage, hydrology, landscaping, design and visual impact and geotechnical and marine-based Questions interrupted. investigations.

As well as that, over 400 people made submissions to DISTINGUISHED VISITOR the environment effects statement process. Public hearings for the EES conducted by an independent The PRESIDENT — Order! Before I go to inquiry — I reinforce that: an independent inquiry — Mr Scheffer, I inform the house that Mr Tayfun Eren, a were held over 15 days from October to November last former member for Doutta Galla, is in the gallery. year. I would like to take this opportunity to thank all submitters for informing the inquiry. But after QUESTIONS WITHOUT NOTICE considering their submissions — the technical documents, evidence and other material put before it — Questions resumed. the inquiry for the project concluded that the chosen site at Wonthaggi is suitable for the desalination plant. The Planning: desalination plant inquiry also found that the technology and process for construction and operation of the desalination plant are Mr SCHEFFER (Eastern Victoria) — My question in line with best practice and proven technologies. The is to the Minister for Planning. Can the minister outline report of the inquiry said: to the house what action the Brumby Labor government is taking to create jobs, secure water supplies and The inquiry is confident that the VDP will result in significant provide economic opportunities into the future, and is benefits to the state of Victoria … he aware of any threats to these plans? It is based on these findings that I formed and released my assessment of the project only one month ago. Hon. J. M. MADDEN (Minister for Planning) — I thank Mr Scheffer for his interest in this matter, Given that we have undertaken due process, it is because I know how conscious he is of these matters. I disturbing that members of this place have already welcome everybody back to the chamber. I can see how sought to undermine a project of this significance. pleased opposition members are, because they are Mr Barber has already advised in this place, on smiling — not much today! It has been a long hot 11 January, that he will move to block the planning summer. scheme amendments for this project with a disallowance motion. This is not the first time — and QUESTIONS WITHOUT NOTICE

Tuesday, 3 February 2009 COUNCIL 9 nor, I suspect, will it be the last time — we have heard community about the delivery of the planning process, from the Greens political party, which wants to and they will cast doubt on the future and benefits that obstruct, hinder and threaten these projects and the these projects will bring to the community. plans for economic opportunities, in particular the job creation that comes from them. We have already been I understand that even the Barwon Heads bridge is through some of them, whether it be the Whitten Oval threatened in this manner. Whilst there are some who project and amendment C75, which it sought to might think it is worthy to introduce disallowance disallow, or whether it be trying to disallow amendment motions to undermine and threaten these projects, they VC49, which was about exemptions for native undermine the planning process, confidence in the vegetation that reduced road safety as well as having planning process and the prospect of prosperity, other results. infrastructure and jobs in this community. This government will get on with the job of delivering these I understand there has been a collusion between the projects, even in the face of threats from the opposition minor party and the opposition on that side of the in relation to them. chamber to also introduce — — Electricity: supply Mr D. Davis — On a point of order, President, the minister is clearly attacking other political parties by Mr DALLA-RIVA (Eastern Metropolitan) — My suggesting there is some collusion. question is to the Minister for Industry and Trade. Has the minister requested or received a briefing or Hon. J. M. Madden interjected. briefings on the impact of Victoria’s power outages and the cost of last week’s catastrophic supply failures to Mr D. Davis — The minister used the word Victorian industries? If so, will the minister make those ‘collusion’, and I ask that he withdraw it. briefings public?

The PRESIDENT — Order! Mr Davis is correct. Hon. M. P. PAKULA (Minister for Industry and The minister knows full well that he is not able to Trade) — I thank the honourable member for his overtly criticise the opposition or the individual asking question. There has been a great deal of discussion the question. He is sailing very close to the wind, and I about last week’s power outages. It was, as members draw his attention to that and ask him to be cognisant of would be aware, a once-in-a-hundred-year combination that. Mr Davis asked that the minister withdraw — of events — heatwaves beyond 45 degrees for days on withdraw what? end, fire, lightning, strong winds and other factors — which led to great challenges for the state’s energy Mr D. Davis — ‘Collusion’ — — supplies. The PRESIDENT — Order! The comment about Mr D. Davis — On a point of order, President, I collusion between the minister’s party and the Greens accept that Mr Pakula is a new minister, but in my view party? he is reading slavishly from his notes — as he did in Honourable members interjecting. answer to the last question — and I ask him to answer the question rather than read from a set of notes. The PRESIDENT — Order! I thank the minister for his attempt to help me, but I can guarantee him I do The PRESIDENT — Order! Firstly, there is no not need his help. There is no point of order. point of order, and secondly, if Mr Davis attempts that again, I will remove him from the chamber for raising a Hon. J. M. MADDEN — It is worth appreciating frivolous point of order. that all these projects are of great significance in terms of not only securing the future of this state but also Hon. M. P. PAKULA — As the member well delivering jobs, economic prosperity and infrastructure knows, the issue of the power failures last week for the state. remains within the province and within the ministerial responsibilities of the Minister for Energy and I highlight the fact that seldom have disallowance Resources. I will certainly take the question to the motions been used as instruments within this chamber, Minister for Energy and Resources for a more fulsome and the more they are used as instruments the more reply than I can give as Minister for Industry and Trade. they will fundamentally undermine the due processes undertaken in terms of the planning process. They will I have, however, noted that there have been some cast doubt on these projects. They will cast doubt in the back-of-the-envelope estimates made by certain Victorian industry groups such as VECCI (Victorian QUESTIONS WITHOUT NOTICE

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Employers Chamber of Commerce and Industry) about government is taking to protect Victorian communities the cost of the power outages and the cost of the and prepare them for the threat of bushfires? heatwave more generally. As members would know, during heatwaves that go to the extent that we had last Mr JENNINGS (Minister for Environment and week, in many circumstances businesses and industry Climate Change) — I thank Mr Viney for the question. are unable to continue to function, for health and safety It is very important for the chamber to apprise itself of reasons beyond any other reasons. the bushfire situation and the risks the Victorian community confronts. We acknowledge the huge effort The outages were most severe late on Friday night, only and sacrifice made by volunteers and firefighters in a couple of days ago. There is obviously going to be a recent days. We thank them sincerely for the work they considerable amount of work done to undertake have undertaken on behalf of the Victorian community investigations both into the reasons for the occurrence and the Victorian environment. of the outages and into ways to reduce and minimise such incidents in the future. As those investigations We share the tragic problems of those who have lost occur, the nature of them will become more commonly their houses during the course of the bushfires. Our known. sympathy and our support go out to them. We call upon the Victorian community to rally behind those who are Supplementary question facing those tragedies and that adversity in this time of crisis. Our hearts go out to them and our tangible Mr DALLA-RIVA (Eastern Metropolitan) — I support will also go out to them. thank the minister. The answer apparently is no, and I am surprised that his first act as minister has been to As my colleague the Minister for Industry and Trade neglect the impact of his government’s infrastructure recently pointed out in one of his first answers in this failures on various Victorian industries. Clearly chamber, the gravity of the environmental conditions VECCI, AIG (Australian Industry Group) and a faced by Victoria last week was extremely acute. In number of others might have been consulted by his relation to the weather conditions, when you look at the department. Will the minister now commission a report, recorded history of temperatures across Victoria you or at least speak to some of those groups, about the see that three days last week were in the top 10 daily impact on and cost to industry as a result of the power temperatures ever recorded in Victoria, and these three failures? If so, when he does it will he release it days occurred successively last week. Never in publicly? recorded history have three days of those temperature conditions prevailed in Victoria successively. Whilst Hon. M. P. PAKULA (Minister for Industry and the damage that was caused in the circumstances of Trade) — In my capacity as Minister for Industry and these fires is tragic, when you consider the potential of Trade I hold consultations with groups such as the AIG, the fire risks last week, it is quite extraordinary that that VECCI, individual corporations, trade unions and my degree of damage was not exceeded. department about a whole range of matters — about the impact of the global financial crisis, about the impact of In terms of the coincidence of the dryness and the high energy outages and about the impact of a range of temperatures that have been recorded in Victoria in the issues. Those consultations occur as part of the natural last few years, it would be useful to understand that in course of government, and they occur as part of the the past the sort of dryness and temperatures we are normal day-to-day work of an industry minister. Those witnessing in Victoria at the moment have coincided on consultations will continue. average at the rate of about 1 in 20 years. Looking at the history of the last 100 years — — We will look at each and every opportunity as a government to protect every job in this state and to An honourable member interjected. grow the state economy, and I advise Mr Dalla-Riva that, as minister, I am committed to undertaking any Mr JENNINGS — No, indeed, the interjection is action in pursuit of those objectives. not consistent with what I have just said. My ministerial colleague was correct in relation to the frequency of Bushfires: community preparedness those three hot days, but looking at it on an annual basis, you would have expected the annual Mr VINEY (Eastern Victoria) — My question is to circumstances of dryness and temperature that we are the Minister for Environment and Climate Change, currently experiencing to occur in 1 in 20 years, but Gavin Jennings. Can the minister update the house on recent analyses by the CSIRO based upon current recent fire events and what steps the Brumby Labor climate change scenarios across Victoria and Tasmania QUESTIONS WITHOUT NOTICE

Tuesday, 3 February 2009 COUNCIL 11 indicate that those instances may occur as frequently as covered around 6400 hectares; those plantations, forests once every 12 years in the future. Looking at what that and grasslands were burnt in a very intense fire. That translates into as an imminent bushfire threat on any occurred on the same day as an intense fire at given day, we would anticipate that the bushfire risk Endeavour Hills which threatened the peri-urban between now and 2020 may increase by up to 40 per region — in fact, it is probably better described as an cent. urban area — putting our electricity supply at great risk as the fire was very close to high-voltage powerlines. That is an imminent threat the Victorian community But our firefighting effort prevailed in terms of securing needs to confront and needs to be mindful of. It is those powerlines and curtailing that fire. certainly something we as a government have been mindful of. Looking at the resource allocation from It was a mighty effort, but Victoria continues to face when we came into government to now, you will see high temperatures and very dry conditions. At the that the emergency services budget has increased moment somewhere of the order of 40 to 50 fires are annually from $254 million when we came to still burning in Victoria, and they are being contained government to $587 million now. Looking at the by our firefighters. We will continue to support them in budget I am responsible for that adds to that in terms of their efforts to contain that fire risk. the Department of Sustainability and Environment firefighting effort, when we came to government it was In terms of the recovery of the people at Boolarra and of the order of $30 million annually. Our annual Yinnar, at the moment not only is a designation of firefighting budget is now in excess of $134 million. personal hardship grants available to that community, following a decision by my colleague the Minister for Looking at our firefighting effort, not only can we now Police and Emergency Services, but also two call upon more than 2700 firefighters within our emergency centres have been established by the agencies but we have an additional 600 permanent Department of Human Services in cooperation with the firefighters over the summer period. In addition to that Wellington shire. They are operated by the Red Cross there are 60 000 Country Fire Authority volunteers that in Mirboo North at the Mirboo North Secondary we as a community rely on in these times of adversity. College and the Churchill community centre. Tonight We cannot overestimate the enormous contribution there will be a community meeting at the Boolarra made by CFA volunteers, the CFA volunteer network Memorial Hall in Boolarra, and tomorrow night there and the CFA firefighting effort, but they are not alone will be a community meeting at Yinnar Primary when you consider that there may be up to an additional School. 40 000 volunteers from the State Emergency Service, St John Ambulance and other organisations which We want to make sure that support is provided by our perform supportive roles in times of emergency. Our community to those who have been subjected to the Victorian volunteer effort is somewhere near horror of losing their homes and having their lives 100 000 of our citizens who support one another in placed at risk. We will continue to support them. The times of adversity. Victorian government thanks all those who have contributed to the firefighting effort to date, and we We as a community are blessed by their sacrifice, their hope they will be in good stead should further risks contribution and their bravery. We want to make sure confront the Victorian community in the weeks and that we will continue to support that with the resources months to come. I have already indicated. If you look at our firefighting effort last week, you will see that we had more than Treasurer: former adviser 44 aircraft available to assist and more than 68 lookout locations across Victoria. We had tankers and Mr KAVANAGH (Western Victoria) — My bulldozers — we have never had the resources to be question is to the Treasurer, Mr Lenders. It refers to an able to put into the effort of repelling fires that we have Age article of 20 January, which is about the factional been able to call upon this summer. warfare within the ALP. It says at page 3: … faction secretary, Noah Carroll, an adviser to state But unfortunately, as Mr Viney knows from his visit to Treasurer John Lenders, last night hit out at the ‘rump’ group, the Boolarra community yesterday — he saw the saying he did not recognise its authority and that Mr Shorten grieving of local people in relation to the 30 houses that remained convenor. were lost in the Delburn fires in south-western Gippsland — great stress and strain have been placed My questions to the Treasurer are: is this an example of on those communities that have suffered the terrible an adviser to him, on the public payroll, making public tragedy of those houses having been lost. The fire itself comments on behalf of one of the factions of the ALP? QUESTIONS WITHOUT NOTICE

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What is Mr Carroll’s job? And what project or projects Hon. M. P. PAKULA (Minister for Industrial is he working on at the moment? Relations) — I thank Mr Leane for his question. This afternoon the Premier released the annual statement of Mr LENDERS (Treasurer) — I thank government intentions, which we were all privileged to Mr Kavanagh for his question. The main comment I listen to in the other place. As part of that statement the would make first is: do not believe what you read in the Premier outlined how we are working with the newspaper. Mr Carroll ceased working for me more commonwealth and with other states to implement the than one year ago. Rudd government’s Forward with Fairness industrial relations reform program. In the coming months this Supplementary question government will be bringing into the Parliament a bill Mr KAVANAGH (Western Victoria) — I ask the for a new referral of industrial relations powers to the Treasurer: what is the government’s policy on public commonwealth, and that is primarily because in the servants publicly commenting on political events, first few months of 2009 the Rudd Labor government, including internal party ones? through its legislative program, will read the last rites of WorkChoices. Mr LENDERS (Treasurer) — I thank Mr Kavanagh. It is a very serious question that he As my first parliamentary act as Minister for Industrial raises: what is the role of any citizen in public Relations I say good riddance to it, because through our employment having a view on politics? Clearly the job legislative program we will be taking action to help of any person engaged in the public service or as a undo the damage done by John Howard’s ministerial adviser is to do that public service or WorkChoices, which was both a public policy disaster undertaking that ministerial adviser role. That is the job and, I am sure members opposite would concede they are paid to do, and they should be spending their privately if not publicly, a political disaster as well. It working hours doing that. There is, though, the separate was a disaster because it was founded on a completely issue of any member of the public service, whether they discredited idea: that you can build productivity and be a staff member of a Democratic Labor Party MP, a workplace culture by giving one side of the Liberal MP or a Labor MP, or any other person, having employer-employee relationship a disproportionate the entitlement outside their core work activities to have amount of legal strength and economic strength. a view on and participate in politics. Mrs Peulich interjected.

I believe the Hamer government many years ago Hon. M. P. PAKULA — From Mrs Peulich’s removed the prohibition on public servants being interjections I can only assume that the heart of members of political parties, and that was an WorkChoices continues to beat inside the Liberal acknowledgement that it is a legitimate thing for any Party’s chest. Unsurprisingly WorkChoices did not lead citizen to be involved in the political process. to increased workplace harmony, and it did not lead to Mr Kavanagh’s question is correct: those engaged in increased productivity. Instead it led to massive job the political process should be doing it in their own insecurity because it targeted workers who were time. That is a legitimate question, but the response I isolated and vulnerable and had the least amount of would give is that every citizen is entitled to participate bargaining power. in the political process, and if they can manage that around doing a job — and I guess 50 000 or 60 000 As members opposite know, for the last decade or more members of the Victorian community who are Victoria has referred its industrial relations powers to members of political parties do — that is appropriate the commonwealth, but because of the nature of the and to be encouraged. WorkChoices regime this government needed to implement extra protections for the Victorian people — Workplace relations: federal reform initiatives like the Office of the Workplace Rights Advocate and legislation like the Victorian Workers’ Mr LEANE (Eastern Metropolitan) — My question Wages Protection Act and the Public Sector is for the Minister for Industrial Relations, Martin Employment (Award Entitlements) Act. As a result of Pakula. Can the minister advise the house how the the commonwealth legislation, in the coming months Brumby Labor government is working with the we will be looking at a new referral. Happily this time commonwealth government to improve Victoria’s we are quite relaxed about the referral of power because industrial relations systems? once — I should say ‘if’, but let us be optimistic and Mrs Peulich interjected. say ‘once’ — the Fair Work Bill passes through the Senate, the workers of Australia will have access to QUESTIONS ON NOTICE

Tuesday, 3 February 2009 COUNCIL 13 sensible unfair dismissal laws, good faith bargaining or whether it is going to cling to WorkChoices the way once again, and 10 minimum national employment Wile E. Coyote clings to the anvil. It is going to have to standards, and Australian workplace agreements will be make an unequivocal statement. abolished. As the Treasurer indicated earlier, globally we are The former federal Leader of the Opposition, going through extraordinarily difficult times. It is Mr Nelson, and the current leader, Mr Turnbull, have critical that our industrial relations system facilitates effectively acknowledged that the Rudd government cooperative workplaces. That was something that has a mandate to do WorkChoices in, but still we have WorkChoices failed to achieve. The government’s heard absolutely nothing from the Victorian Liberals. It intention is to continue to contribute to and participate makes one wonder what their real position is. in a unitary national industrial relations system. We think that by doing that Victorian employers will gain Mr Finn — It’s a federal issue. certainty and Victorian workers will gain proper protection from exploitation. That is the action we will Hon. M. P. PAKULA — Lady Macbeth washes his be taking to ensure that balance and fairness is restored hands, President! to all Victorian workplaces, and we hope we have the It is hardly surprising that we have heard nothing from opposition’s support in that endeavour. the party which was effectively the crucible of The PRESIDENT — Order! The time for questions WorkChoices. Let us never forget that during the without notice has expired. Kennett era, as one of the first acts of the Kennett government the Victorian Industrial Relations Commission and Victorian awards were abolished, and QUESTIONS ON NOTICE Victorian workers suffered as a result. WorkChoices has always been called Howard’s WorkChoices, but Answers that lets a number of other people off the hook — because it was key Victorian Liberals who led the Mr LENDERS (Treasurer) — I have answers to the charge to WorkChoices. Kevin Andrews was the following questions on notice: 1068, 1410, 1754, 1878, minister — — 2177, 2244, 2284, 2443, 2520, 2769, 2836, 2850, 2916, 2961, 2962, 2991, 3051, 3070, 3071, 3247, 3248, Mr Atkinson — On a point of order, President, I 3395–9, 3526, 3632, 3728–32, 3745, 3752, 3759, 3766, think this time the minister is venturing into debating 3773, 3780, 3787, 3794, 3801, 3808, 3815, 3822, 3829, the answer to his question, and it is quite an extensive 3836, 3843, 3850, 3857, 3864, 3871, 3878, 3885, 3892, answer which is canvassing both federal and state 3899, 3906, 3913, 3920, 3927, 3934, 3941, 3948, 3955, policies. As I said, I think it has ventured into debate. 3962, 3969, 3976, 3983, 3990, 3996, 4014, 4021, 4028, 4035, 4042, 4048, 4055, 4062, 4069, 4076, 4083, 4090, Hon. M. P. PAKULA — On the point of order, 4097, 4104, 4393, 4625–30, 4741, 4806, 5183, 5187, President, the Victorian referral is directly tied to the 5222–4, 5227, 5235, 5921–62, 5969, 5976, 5978–83, nature of the federal act. You cannot talk about the 6003–34, 6036–52, 6054–219, 6240–6, 6328–66, 6386, Victorian referral without making reference to the 6388, 6393, 6395, 6400, 6402, 6407, 6409, 6414, 6416, nature of the federal act. 6421, 6423, 6430, 6432, 6437, 6439, 6444, 6446, 6451, 6453, 6458, 6460, 6465, 6467, 6472, 6474, 6479, 6481, The PRESIDENT — Order! Mr Atkinson’s point 6486, 6488, 6493, 6495, 6500, 6502, 6507, 6509, 6514, about debating is in fact correct. So too is Mr Pakula’s 6516, 6521, 6523, 6528, 6530, 6535, 6537, 6542, 6544, point that reference cannot be made to one without 6549, 6551, 6556, 6558, 6563, 6565, 6570, 6572, 6577, reference to the other. However, the minister is unable 6579, 6723–30, 6732, 6737, 6739, 6744, 6746, 6751, to debate his answer. 6753, 6758, 6760, 6765, 6767, 6772, 6774, 6779, 6781, Hon. M. P. PAKULA — Thank you for that 6786, 6788, 6793, 6795, 6800, 6802, 6807, 6809, 6821, guidance, President. I will simply wrap up by making 6822, 6824–6, 6954, 6956, 7101, 7102, 7104–15, 7297, the following point. As I said at the outset, and as the 7304–14, 7316–18, 7326–69, 7379–413, 7421–511, Premier indicated this morning, very shortly the new 7757–84, 7792–8, 7806–40, 7862–8001, 8156–281, Victorian referral will be brought to the Parliament, and 8310–18, 8336–68, 8370, 8385–94. the time for silence by the opposition will be over; the rubber will hit the road at that point and the Liberal Party will need to make an unequivocal statement about whether it is for the rights of Victorian working families JOINT SITTING OF PARLIAMENT

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JOINT SITTING OF PARLIAMENT Abortion: legislation Legislative Council vacancy To the Legislative Council of Victoria: The petition of the undersigned residents of Victoria draws Message received from Assembly acquainting the the attention of the Council to proposed amendments to the Council that they have agreed to joint sitting to Crimes Act which will ensure that no abortion can be choose a person to hold the vacant seat in the criminal when performed by a legally qualified medical Legislative Council rendered vacant by the practitioner at the request of the woman concerned. resignation of Mr Evan William Thornley. The implementation of this legislation will allow abortions to be legal in Victoria right up to birth. This will only increase the thousands of children who die needlessly each year PETITIONS through abortion and will add to the existing social problems in Victoria resulting from such a high abortion rate. Following petitions presented to house: The petitioners therefore request that the Legislative Council of Victoria vote against amendments to the Crimes Act that Ambulance services: Frankston will decriminalise abortion in the state of Victoria. To the Legislative Council of Victoria: By Mr ATKINSON (Eastern Metropolitan) The petition of certain citizens of the state of Victoria draws (196 signatures). to the attention of the Legislative Council our serious concerns regarding the planned changes to the Frankston Laid on table. MICA unit, from a double responder to a single responder unit. The petitioners therefore respectfully request that the Hampton Park: hoon driving Legislative Council of Victoria demand the Brumby Labor government retain the double responder Frankston MICA 6 To the Legislative Council of Victoria: paramedic teams. The safety of our citizens should be the highest priority. The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council concerns about By Mr O’DONOHUE (Eastern Victoria) hoon driving in Hampton Park. (445 signatures). The community of Hampton Park is concerned about the increased amount of hoon driving in our streets and requests Laid on table. that:

Buses: Nunawading 1. The state government target Hampton Park hoon hot spots with an increased visible police presence; To the Legislative Council of Victoria: 2. The state government to impose the same penalties for The petition of certain citizens of the state of Victoria draws drunk and drug-affected drivers. to the attention of the Legislative Council the failure of the Honourable Lynne Kosky, Minister for Transport, to consult The petitioners call on the state government to combat hoon the local residents of Nunawading and surrounding suburbs driving in Hampton Park including, but not limited to, Hallam on proposed changes to the Nunawading to Chelsea 888/889 Road, Willow Drive, Oaktree Drive, Pound Road, Robjant SmartBus service that replaces the bus stop at the corner of Street, Vanessa Drive, Alma Road, Winnima Avenue, Bride Station Street and Springvale Road, Nunawading, with a bus Avenue, Highland Avenue, Deanswood Road, Green Valley stop on the west side of Springvale Road, Nunawading, Crescent, Village Drive, Somerville Road, Clive Street, opposite Station Street, forcing users of this service to cross Regans Road, Fordholm Road, View Street, Kerrison Drive, Springvale Road to access Nunawading railway station. The Fairway, Parkland Avenue, Ora Street, Wren Street, Stuart Avenue, Jeffrey Street, David Street, Andrew Street, The petitioners therefore request that Minister Kosky abandon Campbell Drive, General Joshua Drive, Ivan Crescent, Cairns plans to remove or replace the bus stop at the corner of Road, Warana Drive, Strong Drive, Coral Drive and Station Street and Springvale Road, Nunawading, on the Huntington Drive. Nunawading to Chelsea 888/889 SmartBus service in the interest and safety of local residents, and for the bus service to By Mrs PEULICH (South Eastern Metropolitan) continue to operate along Station Street, Nunawading, to (27 signatures). Mount Pleasant Road, on to Heather Grove and then turn left into Springvale Road, as it has done for the last 35 years. Laid on table. By Mr ATKINSON (Eastern Metropolitan) (238 signatures). Ordered to be considered next day on motion of Mrs PEULICH (South Eastern Metropolitan). Laid on table. ABORIGINAL AFFAIRS VICTORIA

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Planning: residential zones Ordered that report be printed.

To the Legislative Council of Victoria: Mr ELASMAR (Northern Metropolitan) — I move: The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council the Brumby Labor That the Council take note of the report. government’s high-rise, high-density planning laws which will: In tabling and presenting the report of the Education 1. Set a minimum building height of three and four storeys and Training Committee’s inquiry into effective to impose high-density and high-rise developments on strategies for teacher professional learning, I would like most residential areas; to provide the house with some important insights and 2. Remove the right of residents to be notified, to object to knowledge that the committee discovered during the and to appeal to VCAT (Victorian Civil and course of its inquiry. Administrative Tribunal) against inappropriate development; and The committee knows that effective teachers are the single most important factor in student learning. 3. Strip councils of planning controls over local Teaching is not easy. It takes a very special person — commercial and business activity centres, with the planning minister appointing three of the five members and in most cases, a lifelong commitment — to educate of the soon-to-be-established development assessment future generations of Victorian children. Teachers must committees in order to fast-track high-density and keep their skills up to date in a rapidly changing world. high-rise developments in our shopping hubs (the first Like all professionals, teachers must continue learning target areas being Cheltenham, Cranbourne, Dandenong, Frankston, Glen Waverley and Narre Warren). throughout their careers.

The petitioners therefore respectfully request that the In this inquiry, the committee examined evidence in Legislative Council of Victoria demands that the Brumby Victoria, interstate and overseas. Overall it found that Labor government and Minister for Planning, Justin Madden, Victoria is heading in the right direction in teacher scrap Labor’s new planning policies which will cram more professional learning. high-rise into local streets, aggravate traffic congestion and open our planning system to possible abuse and corruption. Mr Finn interjected. By Mrs PEULICH (South Eastern Metropolitan) (21 signatures). Mr ELASMAR — Mr Finn, I am sorry you were not with us but you know I would like to see you with Laid on table. us!

Ordered to be considered next day on motion of However, the committee has recommended a number Mrs PEULICH (South Eastern Metropolitan). of additional policies and programs for Victorian teachers, based on international best practice.

ABORIGINAL AFFAIRS VICTORIA During the inquiry the committee also heard a lot about what effective teacher professional learning should look Indigenous affairs report 2007–08 like. It found that effective professional learning is not just about sending teachers away from the school. Hon. J. M. MADDEN (Minister for Planning), by Effective professional learning happens in classrooms, leave, presented report. in staff rooms and even online. Teachers are finding new ways to learn from each other and to learn from Laid on table. others in the wider school community. Most importantly, effective teacher professional learning depends on schools developing cultures in which EDUCATION AND TRAINING professional learning is valued and supported. The COMMITTEE committee believes its recommendations will help to Effective strategies for teacher professional build these cultures in all Victorian schools. learning I would like to acknowledge the work of the chairman of the committee who is the member for Ballarat East Mr ELASMAR presented report, including in the other place and my fellow committee members appendices, together with transcripts of evidence. for their work on this inquiry. I also thank Karen Laid on table. Ellingford, the committee’s executive officer, Jennifer SCRUTINY OF ACTS AND REGULATIONS COMMITTEE

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Hope, Natalie Tyler and Caitlin Whiteman on the ROAD SAFETY COMMITTEE secretariat team. I commend this report to the Parliament and to the Victorian education community. Improving safety at level crossings

Mr HALL (Eastern Victoria) — I want to take a The Clerk, pursuant to Parliamentary Committees few minutes of the house to add my commendation of Act, presented report, including appendices, the committee on the value of the report produced into together with minutes of evidence. teacher professional learning. Teachers in the state of Victoria need to keep their skills well honed, and to that extent teacher learning is an important aspect of the role AUDITOR-GENERAL of teachers in Victoria. Preparedness to Respond to Terrorism It is a challenge to provide the appropriate structure for Incidents — Essential Services and Critical professional learning for all teachers, because teachers Infrastructure are all different and work in different environments. To provide an effective professional learning program for The Clerk, pursuant to Audit Act, presented report. all teachers is a challenge because one suit does not fit all. For example, the issue of professional learning for casual relief teachers is an important challenge which VICTORIAN LAW REFORM COMMISSION government, the Victorian Institute of Teaching and teaching unions need to address. Assistance Animals

This report is a thorough report, but I do not think it The Clerk, pursuant to Victorian Law Reform provides all the answers. I am sure the government in Commission Act, presented report. its response, Parliament, teacher unions and professional organisations will further refine what is PAPERS needed in terms of professional development for teachers themselves. This is a good report which I am Laid on table by Clerk: sure will go a long way if the government accepts the recommendations and addresses some of those issues Agricultural Industry Development Act 1990 — Murray so critical for teachers in maintaining and improving Valley Wine Grape Industry Development (Extra-Territorial) Order 2008, pursuant to section 8(3) of the Act. their skills. I endorse Mr Elasmar’s remarks in respect of the contribution made by all members of the Border Groundwaters Agreement Review Committee — committee, and the committee staff in Karen, Jennifer, Report, 2007–08. Natalie and Caitlin. I thank them for their contribution Coastal Management Act 1995 — Victorian Coastal Strategy to this report. 2008, pursuant to section 19 of the Act. Motion agreed to. Crown Land (Reserves) Act 1978 — Minister’s Order of 27 November 2008 giving approval to the granting of a lease at Sandringham Beach Park SCRUTINY OF ACTS AND REGULATIONS Reserve. COMMITTEE Minister’s Order of 11 December 2008 giving approval Alert Digest No. 1 to the granting of a lease at Mordialloc–Mentone Beach Park Reserve.

Mr EIDEH (Western Metropolitan) presented Alert First Mildura Irrigation Trust — Report for the period 1 July Digest No. 1 of 2009, including appendices. 2007 to 19 August 2008.

Laid on table. Interpretation of Legislation Act 1984 — Notices pursuant to section 32(3) in relation to Statutory Rules Nos. 99, 165 and Ordered to be printed. 166. Land Acquisition and Compensation Act 1986 — Minister’s Certificate of 15 December 2008 pursuant to section 7(4) of the Act.

Major Events (Aerial Advertising) Act 2007 — Minister’s Order of 11 December 2008 in relation to cricket matches. PAPERS

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Major Events (Crowd Management) Act 2003 — Minister’s Greater Shepparton Planning Scheme — Amendments Order of 16 December 2008 declaring a Managed Access C90 and C120. Area pursuant to section 7 of the Act. Hobsons Bay Planning Scheme — Amendments C33 Medical Practitioners Board of Victoria — Report for the and C62 Part 1. year ended 30 September 2008. Horsham Planning Scheme — Amendment C25 (Part Murray-Darling Basin Commission — Report, 2007–08. 1).

Parliamentary Committees Act 2003 — Hume Planning Scheme — Amendment C98.

Government Response to the Road Safety Committee’s Kingston Planning Scheme — Amendments C75, C77 Report on the Inquiry into Vehicle Safety. and C107.

Government Response to the Rural and Regional Loddon Planning Scheme — Amendment C16. Committee’s Report on the Inquiry into Rural and Regional Tourism. Manningham Planning Scheme — Amendments C72 and C80. Planning and Environment Act 1987 — Notices of Approval of the following amendments to planning schemes: Maroondah Planning Scheme — Amendments C65, C72 and C73. Ballarat Planning Scheme — Amendments C102 and C130. Melbourne Planning Scheme — Amendments C105 and C147. Banyule Planning Scheme — Amendments C54 and C62. Mitchell Planning Scheme — Amendments C52 and C63. Bass Coast Planning Scheme — Amendment C59. Moira Planning Scheme — Amendments C39 and C47. Baw Baw Planning Scheme — Amendment C60. Monash Planning Scheme — Amendments C59, C73 Bayside Planning Scheme — Amendment C74. and C84.

Boroondara Planning Scheme — Amendments C85 and Moonee Valley Planning Scheme — Amendment C86. C89. Mornington Peninsula Planning Scheme — Amendment Campaspe Planning Scheme — Amendments C56 and C108. C65. Port Phillip Planning Scheme — Amendments C76 and Cardinia Planning Scheme — Amendment C105 (Part C100. 2). Pyrenees Planning Scheme — Amendments C19 and Casey Planning Scheme — Amendment C106. C20.

Central Goldfields Planning Scheme — Amendment South Gippsland Planning Scheme — Amendments C18. C9 (Part 2) and C41.

Corangamite Planning Scheme — Amendment C22. Stonnington Planning Scheme — Amendments C64, C87, C92, C99 and C110. Darebin Planning Scheme — Amendments C94 and C97. Strathbogie Planning Scheme — Amendment C43.

Frankston Planning Scheme — Amendments C24 and Swan Hill Planning Scheme — Amendments C27, C29 C45. and C30.

Gannawarra Planning Scheme — Amendments C17, Victoria Planning Provisions — Amendments VC50 C21 and C22. and VC52.

Glenelg Planning Scheme — Amendment C42. Wellington Planning Scheme — Amendment C46.

Golden Plains Planning Scheme — Amendments C29 West Wimmera Planning Scheme — Amendment C17. and C39. Whitehorse Planning Scheme — Amendments C78, Greater Dandenong Planning Scheme — Amendment C80, C107 and C116. C97. Whittlesea Planning Scheme — Amendment C72. Greater Geelong Planning Scheme — Amendments C17, C118, C119, C138, C139, C148, C154 Part 1, Wodonga Planning Scheme — Amendment C57. C160, C161 and C170. Wyndham Planning Scheme — Amendments C83, C108, C113 and C119. BUSINESS OF THE HOUSE

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Yarra Ranges Planning Scheme — Amendment C43. Courts Legislation Amendment (Associate Judges) Act 2008 — 17 December 2008 (Gazette No. S377, 16 December Rail Safety Act 2006 — Notice specifying the procedure to 2008). be followed in assessing drug impairment. Dangerous Goods Amendment (Transport) Act 2008 — State Services Authority — The State of the Public Sector in 1 January 2009 — (Gazette No. G51, 18 December 2008). Victoria, 2007–08. Energy Legislation Amendment (Retail Competition and Statutory Rules under the following Acts of Parliament: Other Matters) Act 2008 — Section 39 — 18 January 2009 (Gazette No. G51, 18 December 2008). Accident Towing Services Act 2007 — No. 169/2008. Family Violence Protection Act 2008 — remaining Charter of Human Rights and Responsibilities Act provisions except for Part 15 — 8 December 2008 (Gazette 2006 — No. 163/2008. No. S339, 4 December 2008).

Dangerous Goods Act 1985 — No. 166/2008. Police Integrity Act 2008 — Remaining provisions — 5 December 2008 (Gazette No. S340, 4 December 2008). Family Violence Protection Act 2008 — Nos. 153 and 156/2008. Public Health and Wellbeing Act 2008 — Part 1 and Sections 246, 249, 254, 255, 263, 264, 265 and 266 — 1 January 2009 Gas Safety Act 1997 — Nos. 164 and 165/2008. (Gazette No. S365, 12 December 2008).

Health Act 1958 — Nos. 159 and 160/2008. Racing and Gambling Legislation Amendment Act 2008 — other than Section 29 — 1 January 2009 (Gazette No. G51, Magistrates’ Court Act 1989 — No. 157/2008. 18 December 2008). Metropolitan Fire Brigades Act 1958 — No. 155/2008. Stalking Intervention Orders Act 2008 — 8 December 2008 Prevention of Cruelty to Animals Act 1986 — (Gazette No. S339, 4 December 2008). No. 162/2008. Water (Commonwealth Powers) Act 2008 — Part 1 and Part Radiation Act 2005 — No. 167/2008. 2 — 4 December 2008 (Gazette No. S336, 4 December 2008); Remaining provisions — 15 December 2008 (Gazette Road Safety Act 1986 — Nos. 161, 168 and 170/2008. No. S358, 11 December 2008).

Supreme Court Act 1986 — Nos. 149, 150 and 151/2008. BUSINESS OF THE HOUSE Stalking Intervention Orders Act 2008 — No. 152/2008. General business Victorian Energy Efficiency Target Act 2007 — No. 158/2008. Mr D. DAVIS (Southern Metropolitan) — I move, by leave: Victorian Workers’ Wages Protection Act 2007 — No. 154/2008. That precedence be given to the following general business on Wednesday, 4 February: Subordinate Legislation Act 1994 — 1. notice of motion 53, standing in the name of Mr Barber, Minister’s infringements offence consultation certificate relating to the production of certain public transport under section 6A(3) in respect of Statutory Rule tender documents; and No. 169/2008.

Ministers’ exception certificates under section 8(4) in 2. notice of motion given this day by Mr Koch relating to respect of Statutory Rule Nos. 92, 149, 150, 151, 156 metropolitan and regional public transport services. and 157/2008. Motion agreed to. Ministers’ exemption certificates under section 9(6) in respect of Statutory Rules Nos. 99, 146, 152, 153, 155, 159, 161, 163, 166, 168 and 170/2008. MEMBERS STATEMENTS Victorian Electoral Commission — Report on the Kororoit District By-election held on 28 June 2008. Bushfires: Gippsland Proclamations of the Governor in Council fixing Mr HALL (Eastern Victoria) — I want to commend operative dates in respect of the following Acts were the professional and volunteer emergency services laid on the Table by the Clerk: personnel and local communities in their response to the fires that swept through some of the northern parts Building Amendment Act 2008 — Sections 1, 2 and 16 to of the Strzelecki Ranges last Thursday and Friday and 25 — 1 January 2009 (Gazette No. G51, 18 December 2008). over the weekend. Organisations like the Department of MEMBERS STATEMENTS

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Sustainability and Environment, Parks Victoria, the clear that even those who did not lose anything were in Country Fire Authority, the State Emergency Service, deep shock at what took place on Friday and over the Ambulance Victoria, Victoria Police, the Latrobe weekend. Valley city and the CFA volunteers did a mighty job and deserve the highest commendation from the I would like to reinforce, along with Mr Hall, the great members of this chamber. No doubt other governments admiration I have for the firefighters from all over will be involved in the recovery period, which will last Victoria whom I met yesterday. I thank them for their for some time. Local communities were also well dedicated service. prepared with their individual fire plans, and I commend them for their thorough preparation prior to Former Minister for Industry and Trade: this event. salary

I visited the incident control centre on Friday last week, Mr DALLA-RIVA (Eastern Metropolitan) — I rise and I must say I was most impressed with the response as a member of this chamber to express my deep organisations involved and the cooperation between concern at the fact that the former Minister for Trade them. Tragically it seems that Gippsland people are and Industry took leave from this chamber without well prepared for such incidents now, with bushfires seeking the appropriate approval of the house and has almost an annual occurrence and floods happening now returned. As we know, there is a matter before the every now and again. courts, and I do not make further comment on that. However, what has not been clear or transparent is why There are issues that arose from last week’s bushfires the former minister was receiving a minister’s wage that the government will need to learn from. There was during the period of that unapproved leave. As shadow some criticism about the operation of police road industry minister, I was deeply concerned that the blocks in some of the areas, and that is an issue the former minister was receiving a minister’s salary whilst government will need to give some attention to so it can not in direct administration of his portfolio. be resolved as soon as possible. How is it that this Parliament, without due explanation This fire took 29 homes, some 64 sheds and many cars, to its elected members, could allow an extended period fences and pastures, and I convey my sympathy to all of absence for the then Minister for Industry and Trade, those who have suffered from lost property. The who at the same time was receiving a ministerial Gippsland Emergency Relief Fund has launched an salary? The fact is that there were other ministers acting appeal to directly help those people, and I encourage in his various portfolio roles and undertaking his the government and individuals to contribute to that. portfolio and administrative responsibilities. To say that this is a matter that has passed is unacceptable, and the My last point is that this was a deliberately lit fire, and I chamber should have been provided with an join with my constituents in expressing my utter disgust opportunity to grant that leave. at the arsonist or arsonists involved who put the lives and the livelihoods of many Gippslanders in peril. Infrastructure: community concern

Bushfires: Gippsland Mr BARBER (Northern Metropolitan) — This morning on the steps of this Parliament I attended a Mr VINEY (Eastern Victoria) — As Minister rally by a growing coalition of groups that was initially Jennings mentioned in his answer to a question I asked concerned about the provision of basic services but is him earlier today, I visited the township of Boolarra now coming to address and question the fundamentals yesterday and wish to also, along with Mr Hall, put on of life and livability in Victoria. record the appreciation I have for the incredible work done by many people in protecting that and other towns Members will be receiving letters that were handed in the northern Strzeleckis. I must say that when over this morning by members of this alliance from visiting the town yesterday the thing that struck me their various constituents, who are concerned about the more than anything was that it was remarkable that direction in which this state is travelling. That concern 29 houses were lost and not 129. The entire town had was alive and well before last week’s disasters, but we been circled by fire, and in speaking to the residents it are now seeing major failures in basic systems in the was obviously an extremely frightening experience. My areas of transport, water and electricity and their sympathy goes to those people who have lost their dramatic impacts on the community’s prosperity. homes and other property, but I say to the chamber that in talking to members of the local community it was MEMBERS STATEMENTS

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I was therefore surprised to hear the Premier in his Today we heard the personal explanation given by address this morning make the statement that climate Mr Theophanous. However, that only aggravates the change will be the basis of our future prosperity. I find situation in that he had submitted a letter of resignation that a very odd and very worrying position to hold. on 10 November. When I look at Hansard from the regional sitting, I see that the Treasurer informed the Australian Slovak community: congress house that the minister had stood aside from his ministerial portfolios pending conclusion of police Mr LEANE (Eastern Metropolitan) — I was inquiries. It does not say that he ‘stood down’, it says he pleased over the break since the last sitting of ‘stood aside’. This chamber deserves to have a copy of Parliament to be able to represent the Premier at the that letter circularised so that we can scrutinise the 18th congress of Australian Slovaks and the process that is applied in relation to the administration 80th anniversary celebration of the Slovak of this chamber in government. community’s presence in Australia. The Leader of the Government, the President and Since 1928, when 200 Slovaks first arrived in Victoria, officers of the Parliament need to explain all of the the community has grown, flourished and contributed circumstances leading up to the standing aside and much in many areas of Australian life. It was interesting subsequently the standing down of the minister, and that a lot of the people who were at the congress would that can only be dispelled by circularising that letter to have been the children, grandchildren and this chamber. If indeed it was circularised, or if it great-grandchildren of those first 200 Slovaks to come happened, why did it take several days of a to Australia back in 1928. parliamentary sitting for that not to be enacted if it had been submitted on 10 November, after which several I think it is a privilege as an MP to be able to attend sittings took place? these types of multicultural events and learn about families’ journeys from their arrival in Australia to their The ACTING PRESIDENT (Mr Somyurek) — current situation. I would like to commend not only the Order! The member’s time has expired. volunteers but also the workers employed by the emergency services who worked through the extreme Harry Nicolaides weather conditions last week for the benefit of others. Having worked in the emergency services area on the Mr TEE (Eastern Metropolitan) — I wish to bring road in hard conditions, I have some understanding of to the attention of the house the circumstances of Harry the huge task and who hard it is during such periods. Nicolaides, who is in a Thai prison for statements he wrote in a book. These statements were found by the Former Minister for Industry and Trade: Bangkok Central Criminal Court to have breached Thai ministerial duties law of lese-majesty, prohibiting material which is offensive to the king. Mr Nicolaides has been sentenced Mrs PEULICH (South Eastern Metropolitan) — I to three years imprisonment. wish to also raise some concerns I have in relation to the circumstances leading to the recent charging of He has apologised for any offence he has caused and Mr Theophanous. I understand it is sub judice, and I do has retracted the statements. He is now seeking a not have any intention of traversing the content of the pardon, and I wish to thank the state Attorney-General specific case. I appreciate and understand the personal and the federal government for their efforts in support difficulties that may be faced by Mr Theophanous, his of a pardon. family and supporters. Mr Nicolaides’s parents live in my electorate, and I My concerns are more to do with the process. I was have visited them to offer my support and going to raise similar concerns to those raised by encouragement to them at this very difficult time. As Mr Dalla-Riva in relation to the minister having taken can be imagined, they are very concerned for the extensive leave during November and December but wellbeing of their son. I am sure the house will join continuing to receive a ministerial salary while with me in wishing Mr Nicolaides a safe and speedy obviously not fulfilling ministerial duties. In spirit it return to Australia. would be in contradiction of the integrity of public life and the various policy documents put out by the Labor Bushfires: Gippsland Party over successive years. Mr O’DONOHUE (Eastern Victoria) — Once again the Gippsland region is suffering from fire. The fire that started last week as a result of arson in and MEMBERS STATEMENTS

Tuesday, 3 February 2009 COUNCIL 21 around the Boolarra area has destroyed, at last count, Bushfires: Gippsland 29 homes, approximately 6500 hectares of forest and grazing land and farm infrastructure such as sheds and Mr SCHEFFER (Eastern Victoria) — Along with fencing. Stock and wildlife have also been lost. other Victorians, I was deeply saddened that once again fires have devastated large areas of Gippsland and that Fires are also burning in various parts of Gippsland, a number of residents living in the Strezleckis lost their from the Bunyip State Forest, Licola, Cann River and homes and other property. The impact of this loss is other places as a result of recent lightning strikes. These being severely felt by the many families and recent fires in Gippsland come on the back of the communities of the Boolarra, Yinnar, Delburn and devastating 2006–07 fires and the 2007 floods. Mirboo North areas, and our hearts go out to them.

Again we have seen the great sense of community and I commend the great work of the hundreds of camaraderie that is evident in Gippsland. The local volunteers and members of the CFA (Country Fire volunteer organisations, such as the Country Fire Authority), the DSE (Department of Sustainability and Authority, the State Emergency Service, St John Environment), the SES (State Emergency Service), Ambulance, service clubs and others have swung into ambulance and police as well as local government, all action to limit as much as possible the size and impact of whom have worked tirelessly to support those of the fires. These volunteers and the government directly affected and to bring the fires under control. agencies also involved deserve the support of the Parliament. We are greatly indebted to them. Last week’s extreme heat delivered temperatures of over 40 degrees — the hottest series of heatwaves since The severe heat of last week and the resultant fires records began in the 1870s. This put firefighters and underscore again the need to always be prepared for emergency teams under maximum pressure, and we fire, for continued fuel reduction, fire track maintenance owe it to their phenomenal work and skill that no lives and vigilance. It is only a month or so ago that most of were lost. Gippsland was green and had limited risk from fire. A few weeks of hot weather had dramatically changed the Reports indicate that there are around 100 fires burning situation. across Gippsland — a stark reminder that we are in the middle, not at the end, of the season and that the The Gippsland emergency relief fund has launched an situation may well get worse before it gets better. appeal for fire victims, and I call on both the Brumby and Rudd governments to make a contribution to it so On Thursday last week, when Matt Viney and I visited that it has the funds available to immediately assist the incident control centre in Traralgon, Department of those in need. Sustainability and Environment officers told us that the fires in the Strzelecki Ranges may have been Electricity: supply deliberately lit. If this is true, it would appal everyone. It is unimaginable that anyone could deliberately cause Mr O’DONOHUE — On another matter, the so much destruction on such a scale. extreme heat of last week has again underscored the lack of investment from the Brumby government in Public support through the Gippsland emergency relief basic infrastructure. Perhaps even worse was its failure fund has been overwhelming, and I urge all members to to coordinate information to energy customers so they contribute to the fund and help publicise it in their could know for how long they would be without power. communities. I have been contacted by many constituents in the Eastern Victoria Region, one of whom was Mr Duncan Bushfires: Gippsland Hopgood of Beaconsfield who, with a young child, suffered great distress and a critical lack of information Mr P. DAVIS (Eastern Victoria) — Like many of about the timing or length of any interruption to power my colleagues, I would like to make some brief supplies. remarks concerning fires affecting Gippsland in particular, albeit that Gippsland is not unique; there are What a great pity it is that the government has not used fires across the state. Indeed at the present time more its 10 years in power to develop the unlimited solar than 100 fires across Victoria are still burning and not power capacity that exists in Victoria so that when fully under control. power is in greatest demand during the heat, there is the ability to dramatically increase supply. There have been fires other than those in the Strzelecki Ranges, started by lightning strikes. Bushfires are part of the natural state and the order of things. They occur MEMBERS STATEMENTS

22 COUNCIL Tuesday, 3 February 2009 every summer to a greater or lesser degree and are not by the high level of commitment to community projects dependent upon the government trying to rewrite and programs that these wonderful people show. It is history and suggest there is something particularly only right that they be — — unique about hot weather in January. The fact of the matter is that there is hot weather in January and The ACTING PRESIDENT (Mr Somyurek) — February every year, and we can anticipate there will be Order! The member’s time has expired. bushfires: many of the bushfires start as a consequence of lightning strikes. In this case, however, in the Frankston: reservoir park Strzelecki Ranges the fires were started by the Mr RICH-PHILLIPS (South Eastern deliberate intervention of an arsonist. It is inconceivable Metropolitan) — I draw the house’s attention to the how any person could be so beyond control that they government’s failure to deliver on its promise to make could go out and deliberately start fires that put life and Frankston Reservoir a public park. The park is currently property at risk. in the hands of the Department of Sustainability and I have concern about the grieving of those people who Environment, but it has become a football among have been directly affected, because they could government agencies which do not want to manage it. understand nature taking its course but I do not think Parks Victoria has washed its hands of any any of them could understand how an arsonist could responsibility while DSE refuses to provide adequate produce such havoc. funding to allow the City of Frankston to take on the management role. It is not the City of Frankston’s job to Monsignor Joseph Takchi fund the government’s promise. The latest proposal is to transfer title to an Aboriginal group, which would then Mr ELASMAR (Northern Metropolitan) — I was access commonwealth funding. This does not preserve delighted to see the name of Monsignor Joseph Takchi public ownership, which was the key commitment. in the Australia Day honours list. Monsignor Joe, as he is known in the Australian Lebanese Maronite Church, It is now three years since the reservoir was is universally loved and admired by his congregation. decommissioned, and there is still no resolution. Alistair He is the driving force behind major projects that Harkness, the member for Frankston in the Assembly, benefit his community. The recent establishment of the and the Brumby government promised the public park, new church Our Lady of Lebanon would not have been and they must deliver; there are no excuses. built without his commitment and enthusiasm. Bushfires: Endeavour Hills His love and hard work for the youth of his community is legendary. I congratulate him sincerely on a Mr RICH-PHILLIPS — I commend the work of well-earned award which recognises his contributions volunteer and professional firefighters who battled the to and achievements for his congregation and the Churchill National Park bushfire in Endeavour Hills community. last Friday. The fire started as a result of a car accident and required 81 fire trucks, 325 firefighters and Australia Day: City of Banyule 4 fire-bombing helicopters to contain it. Ultimately 45 hectares of land on the edge of Churchill National Mr ELASMAR — I was pleased to be part of the Park were burnt. Australia Day celebrations held at the Banyule City Council. The mayor, Cr Tom Melican — — This area borders suburban Endeavour Hills, is only 3 kilometres from central Dandenong and contains the An honourable member interjected. main high-tension powerline easement from the Latrobe Valley to Melbourne. As such, the efforts of firefighters Mr ELASMAR — I could not be everywhere. and volunteer organisations which supported them Cr Tom Melican and his fellow councillors made us all throughout the day were vital, and I extend my thanks most welcome. Later I talked with members of the and those of the residents of the south east. community over some light refreshments. Water: domestic usage Later that same day I returned to Banyule council to participate in the Jagajaga community awards Ms PULFORD (Western Victoria) — As we all ceremony hosted by the Honourable Jenny Macklin, know, Victoria is in the grip of the worst drought since minister in the Rudd federal Labor government. records have been kept. The Brumby Labor Members of the community were honoured to receive government is taking this very seriously and has been an award from their local council. I was very impressed taking action to augment our water supply, improve the MEMBERS STATEMENTS

Tuesday, 3 February 2009 COUNCIL 23 grid and encourage reuse of water and a reduction in In Burwood a man was struck with a meat cleaver by use by all Victorians. his housemate during a dispute.

In my electorate of Western Victoria Region the The issue is that many of these incidents are happening Brumby Labor government has invested heavily in not only at night but also in the day. It is a very good water infrastructure, including the completed indication that we need additional police out there on Goldfields super-pipe, which has now secured the beat. People do not feel safe walking the streets, day Ballarat’s water supply. However, I was a little alarmed or night in our city. It is not good enough. when reading the paper last Friday to see the daily water usage statistics for different towns across the Government: annual statement of intentions state. Ballarat residents are to be congratulated for achieving the second-lowest daily consumption figure of Ms MIKAKOS (Northern Metropolitan) — I rise to 143 litres per person per day, second only to Kilmore congratulate the Premier on today’s annual statement of where the residents used only 140 litres per person per government intentions, which gives all Victorians an day. There are, however, residents in some parts of the opportunity to provide feedback on the government’s state, in the far north-west, who are using an average of legislative proposals, and I encourage my constituents 348 litres of water per person per day. This is more than to do so. double what residents in Ballarat and Kilmore are using. It comes as no surprise that front and centre is the We hear from people in some parts of the state from government’s intention to focus on jobs, including time to time complaining about the measures the creating green jobs, in response to the most difficult government is taking to secure our water supplies and international economic circumstances in decades. As a our water future. All Victorian residents need to take result of this government’s sound financial seriously the matter of how they use water. management, Victoria is in a good financial position to weather this storm. This was acknowledged by I would like to conclude by congratulating residents of Moody’s recent reaffirmation of Victoria’s AAA credit Ballarat and Kilmore and all other Victorians who rating. understand how important it is to conserve water, who understand how to do it and who are actually doing it. As part of its focus on growth, investment and creating jobs, the Premier’s statement refers to improving Crime: street violence Victoria’s infrastructure. This builds upon this government’s existing record increase in infrastructure Mrs COOTE (Southern Metropolitan) — This has spending. been a disastrous summer. We have seen our transport system in meltdown, we have seen a statewide blackout In his statement the Premier called on all parties to put happen, and on top of all that we have seen a violent Victoria’s recovery before partisanship. Our summer on our streets. constituents expect us to work together in their best interests, but it seems that some have already made up In Prahran, for example, a 24-year-old security guard their minds. I am sure Victorians will be very was attacked by a group of thugs at a bar in Chapel disappointed to read in the Melbourne Times of Street in January. He had to have surgery after suffering 14 January Mr Barber being quoted as having said: serious facial injuries. Another incident involved a gang of youths that threatened three people in Williams I’m starting to come around to the Libs’ world view, which is ‘Why are we fixing their bills instead of voting against Road, Prahran, at around 4.30 p.m. on 4 January. The them?’ … victims were threatened with a knife, verbally threatened and pushed up against fences. They had their ‘We’re just unpaid consultants wiping their arses for them.’ money and phones taken. Voting with the Liberals is nothing new for the Greens, In Glen Eira vandals caused more than $10 000 worth but Victorians expect them to consider each bill on its of damage in just half an hour. Front fences in merits and not to prejudge legislation. McKinnon, Carnegie, Ormond and Bentleigh were kicked over or pulled off by a rope attached to the back Electricity: supply of a car. In St Kilda we saw the incident involving Mrs KRONBERG (Eastern Metropolitan) — The football legend Ron Barassi. He suffered substantial collapse of the transmission of power in this state has injuries and cuts to his face in trying to do a good deed. pushed Victorians to the brink. Worst of all, Victorians have died as a direct result of not having power FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

24 COUNCIL Tuesday, 3 February 2009 available when they needed it. The weakest Victorians soon as it did, but we thought it might have involved are bearing the burden of this government’s neglect and Mr Thornley. As we all know — and I will not go into lack of oversight. At a time critical to the safety and it again — Mr Thornley is on the Côte d’Azur or welfare of its citizens this government has turned in the somewhere out in Provence or wherever. He is having a poorest performance imaginable. good time in France, which is where all good working-class Labor people apparently head to for their My discussions with service providers to the elderly summer break. They head to the southern coast of and the disabled and with emergency response teams France to sun themselves, and maybe they go to have given me every reason to tell this government that Monaco and a few other places like that to show their its time as the government of this state is running out. working-class roots to the good people of Marseille. Victorians are enraged by the hopeless performance of That aside — — the past week, which will not be forgotten. How can this government, which has force-fed Victorians on a Hon. M. P. Pakula interjected. decade-long diet of waffle about caring for Victorians, deliberately sanction the unannounced cutting of Mr GUY — It could be that too, Minister. But that power? Cries of ‘Government incompetence’, ‘What aside, I welcome Mr Pakula. It is a pleasure to see him the hell are they doing to us?’ and ‘Unfit to govern there. Pretty soon — in about two years time, anymore’ are reverberating around my electorate. actually — he will be on the other side. That is a positive — we hope, anyway. I say to John Brumby that people are frightened. People already paralysed by the effects of the global financial I have risen to speak on the Fundraising Appeals and crisis tell me that this feels like Armageddon. The chief Consumer Acts Amendment Bill, which has three key executive of a centre for the disabled refuses to purposes: first, to amend the Fundraising Appeals Act reallocate already scarce funds to buy a generator. He 1998 to insert an object provision which will require the said that he expected such systemic failures in disclosure of the portion of funds directed to Zimbabwe, where he had to have a generator to supply fundraising that are received from the supply of goods the hospital he managed, but never in his wildest and services to enable the director of consumer affairs dreams did he expect to have to operate with one here to reduce the duration of a fundraiser’s registration; at home. He wants to know whether, if this continues to second, to amend the Goods Act 1958 and the happen, the government should supply everyone with Warehousemen’s Liens Act 1958 relating to contracts generators. of sale for goods forming part of a bulk quantity where such goods are deposited with warehousemen; and third, to provide for the prescription of standards for the FUNDRAISING APPEALS AND testing of security cameras at licensed premises. It is a CONSUMER ACTS AMENDMENT BILL riveting bill, and there is a lot involved in it.

Second reading It is interesting that we are talking about fundraising, because I noted that the Australian Electoral Debate resumed from 4 December 2008; motion of Commission released some details about fundraising Mr LENDERS (Treasurer). just the other day, and I thought it would be worthwhile touching on those before I move on. I noticed that the Mr GUY (Northern Metropolitan) — It is a pleasure AEC, in terms of associated entities, talked about a to speak on the first bill for 2009 — an omnibus bill number of unions, some of the money raised by those called the Fundraising Appeals and Consumer Acts unions and indeed the amounts received, which I Amendment Bill 2008, with which I acquainted myself thought quite extraordinary — in fact, they were so well during the contribution of the Minister for extraordinary in terms of their cash size that they were Planning in question time, mainly because the bill, in the league of Evan Thornley! which there is not a lot in, still has more worth than the minister’s contribution. I noticed that the southern states branch of the Electrical Trades Union had receipts of $18.7 million in 2007–08 — In my initial comments on the bill let me say what a that is the ETU which provided Mr Leane with his seat pleasure it is to see Mr Pakula on the ministerial here in this Parliament and of course that of benches of the Australian Labor Party, in the sense that Mr Jennings, who is not in the chamber but is certainly a lot of people on this side of the house have been a member of the ETU. I also noted that the national predicting for some time that this was going to happen. office of the Liquor, Hospitality and Miscellaneous In fact we were expecting it to happen, maybe not as Union — that is funny, ‘miscellaneous union’ — FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

Tuesday, 3 February 2009 COUNCIL 25 received $62.4 million. The unions are doing it tough, included in the report. The report was, as I said, quite are they? Mr Pakula will know. He is an ex-unionist, comprehensive. It took over 90 submissions, and it was and he is now the industry minister — clearly a natural in response to two discussion papers. There was synergy in the Labor Party. stakeholder feedback, and the review looked at that and came out with Mr Donnellan’s 10-page report, which is What did the Shop, Distributive and Allied Employees not too bad. Unfortunately the government did not Union — the old SDA, the shoppies — raise? It had accept all of Mr Donnellan’s recommendations, which amounts received of $12.5 million. That is an is a shame, as some of them were quite useful. I turn to interesting key figure for fundraising. I will not go on, proposal 11 in Mr Donnellan’s report, which reads: but I have just two more quick examples. I noticed that the Victorian branch of the AWU (Australian Workers A review of the current registration procedures should be Union) had about $8.2 million and the ASU (Australian conducted to identify how the registration process could be made more accessible and streamlined, including online Services Union), of which Ms Broad is a member — registration options. she has skipped the chamber now, but she was here before — had $7.95 million. It is interesting. That is a good point. It is actually quite an interesting recommendation. The government accepted this Mr Viney interjected. proposal, but when questioned in the bill reports it could not answer who would conduct the review, what Mr GUY — Mr Viney, I would be very happy to its terms of reference would be, how it would report continue it. In fact I would be very happy to continue it and what actions would be taken. It is interesting that in a committee if he would like to talk about associated we have the government responding to a review but entities. But with $62 million, $50 million, $35 million, seeming to give only lip-service to it. Maybe it is $35 million, $28 million and $23 million, it is amazing conducting it for the sake of conducting it, but it was how much money these unions — which represent certainly not conducting it to achieve an outcome. about 12 per cent of the workforce now — receive. Mr Pakula’s job description might be to ramp that up to Turning to the bill, the explanatory memorandum refers the teens in Victoria, but we will see how we go. to what the various clauses of the bill do. It is interesting that the note for clause 2 states, in part: The bill we are looking at today is the result of a review. Mrs Coote will not believe this, but the bill is in If they are not proclaimed before 1 November 1999, they part the result of a review. come into operation on that day.

Mrs Coote — Another one? I note that my colleague Mr O’Brien, the member for Malvern in the other house, picked up this issue — Mr GUY — I could not believe it when I read that. quite reasonably. Why would you not expect him to It is partly the result of a review by the current Labor pick up ‘1 November 1999’? It is a mistake — unless government — the action government! The review was the drafters of this bill are living 10 years in the past. actually conducted by Luke Donnellan, MP. In fact Indeed they might be living 10 years in the past in the Mr Donnellan conducted quite a comprehensive Labor Party, thinking there is a reliable supply of gas, review. I have in my hands the government response to water, electricity and public transport, which I think the review of the Fundraising Appeals Act chaired by featured on Labor’s pledge card. But those things are Mr Donnellan. The fundraising that the review covered certainly not the case, and it is certainly not the year included doorknocking, telemarketing, dinner dances, 1999 — but the drafters of the bill say this will come trivia nights and golf days. It included traffic light into effect on 1 November 1999. It is a shame we have collections, clothing bin donations, op shop sales, such sloppy work in any bill coming into the appeals by commercial fundraisers — like Progressive Parliament of Victoria. It still has not been changed. It Business, I take it — and public appeals for sports clubs still sits now in the Legislative Council even after it was and environmental and community care. They are raised last year in the other place by the member for probably the people dressed up as koalas who Malvern that this was in fact incorrect. Granted this is sometimes sting you for money on the corner of not a major issue; it is not going to bring the state down Swanston and Bourke streets. or bring the state to its knees and it is not going to make public transport any better or worse — it could not The report looked at public appeals to support a person, actually get any worse in Melbourne at the moment — persons or groups. That is interesting, because FebFast but it is a disgrace that we have this kind of drafting. is coming up, and there are even some people in this chamber who are FebFast participants. The selling of As I said, this omnibus bill has a number of clauses. goods where a portion of profit goes to charity was also Rather than go through them one by one, I will make a FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

26 COUNCIL Tuesday, 3 February 2009 couple of comments on a few of them. Clause 6, in Having said that, the Liberal-National coalition will not relation to the Fundraising Appeals Act 1998, repeals oppose the bill. We have a number of concerns about it, section 5(3) of the principal act to include a person who which, as I said, were raised in the other chamber. The solicits or receives money or a benefit as an ongoing bill is an omnibus bill that brings together changes to a activity or in relation to a particular period of time. This number of acts, and the Liberal Party and The Nationals is to recognise that a fundraising appeal is not always a will not oppose it. single event that occurs within a limited period of time but that it can also be an ongoing activity. The Liberal Mr BARBER (Northern Metropolitan) — The Party and The Nationals support this. As I said at the Greens have consulted with a number of organisations outset we will not be opposing the bill, and we think that appear to be most obviously affected by the this part is sensible. It is certainly supported by us. provisions in the Fundraising Appeals and Consumer Acts Amendment Bill 2008, and as far as those Clause 9 repeals section 13 of the principal act, which consultations went it seemed the feedback we were requires specific records to be kept in relation to getting was that those organisations would not have any clothing bins. As we have identified in the Donnellan concern or difficulty in complying with its provisions; report, which makes reference to this, that is something therefore we are willing to support the bill. that is dated, and it certainly should be accepted as well. Those are two points we accept when going through the Mr LEANE (Eastern Metropolitan) — It is a bill. pleasure to speak on the Fundraising Appeals and Consumer Acts Amendment Bill 2008. There are a It is an omnibus bill, and it is worth noting that some number of provisions the bill will amend that are the other acts will be amended or repealed by it, including result of a review into fundraising led by the the Fair Trading Act 1999, the Gambling Regulation honourable member for Narre Warren North in the Act 2003 — we have talked about gambling in this other place in which he chaired a public review based chamber a number of times — the Second-Hand on a broad discussion paper released to the public for Dealers and Pawnbrokers Act 1989, the Conveyancers consultation. This review has led to the proposed Act 2006, the Hire-Purchase Act 1959 and the Goods changes to be implemented by this bill. Act 1958. In relation to the Goods Act 1958 I was looking at some of the comments made in the other The bill inserts a new objective clause to clarify that chamber, and they were quite interesting. It is commercial fundraising as defined in the act must be interesting to see legislation like this still on the registered. It removes the existing exemption for Victorian statutes after that period of time. solicitations for bequests. It allows the director to issue guidelines relating to registration conditions. It ensures There are also a number of others that I will not go that where a commercial for-profit entity says that it through, but I quickly make a couple of points in will distribute a portion or proportion of funds raised in conclusion. The government has adopted a commercial transaction for fundraising purposes, the recommendations from the Donnellan review which it exact amount of the percentage for the fund will be had previously said it would not accept. There is clearly disclosed to the donor. This is a very important nothing objectionable about some of those issue that I will expand on later in my contribution. recommendations; however, the coalition feels that there is a danger that some of the sections regarding the Another thing that will be enabled by this bill is that the disclosure of the portion of funds from goods and director will disclose on the public register the services directed to fundraising may be overly proportion of funds raised that have been or will be bureaucratic. passed on to beneficiaries and the total amount that it is estimated will be or has been distributed to The member for Malvern in the other chamber raised beneficiaries. That arrangement will be very clear and the example of opportunity shops that have to calculate transparent. It will also enable the director to reduce the the percentage of money on each item in the shop that period of registration of a fundraiser when the goes to charity and then disclose it in writing. Again, fundraiser is in breach of the act or a condition imposed the coalition is very conscious of creating too much by registration. paperwork for charities such as opportunity shops and other similar organisations who are doing everything Being an omnibus bill, the bill amends the possible to make items available to people who are less Warehousemen’s Liens Act 1958 and the Goods Act fortunate in our community. It would be a shame if this 1958 by clarifying ownership rights of both suppliers legislation sought to exert some kind of limitation on and purchasers of mixed goods in the event of a bulk opportunity shops or on those raising funds in Victoria. storage operator going into liquidation. The bill also FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

Tuesday, 3 February 2009 COUNCIL 27 makes amendments to other consumer acts, including Good examples are lifesavers and the Country Fire the Travel Agents Act 1986, the Conveyancers Act Authority (CFA), which are easily identified. If people 2006 and the Trustee Companies Act 1984, to address are collecting on the street for Life Saving Victoria, you minor inconsistencies and basic typographical errors in know that the money will go towards equipment to save those acts. lives and for training. It is the same thing with the CFA; you know that the money you hand over will go The bill is designed to enhance community and donor directly to equipment and training for a fantastic cause. confidence in fundraising and transparency in There are also some small organisations which are not fundraising activities. I reiterate that the bill requires well known but which make a terrific contribution to fundraisers to now clearly disclose the exact dollar or our society; because of their small nature they may find percentage amount of funds that will be passed on to it hard to clearly identify who they are to the mass the beneficiaries of the donor when obtaining donations public. They do fantastic work, and the register will as part of the supply of goods or services. There are help those organisations by giving people confidence many groups which have — probably innocently — that they will be transparent as far as what type of cause given their name to a professional organisation that has or group of people needing assistance the money will gone out and sold pens, or whatever, and said, ‘We are go to and what percentage of the money will go to raising money for a particular charitable, good and them. honourable organisation’. Unfortunately a lot of the time there is no great certainty as to what proportion of As to consultation, as I mentioned, the honourable the cost of that pen will be passed on to the beneficiary. member for Narre Warren North, Luke Donnellan, in the Assembly — a very good man who led the public Sometimes it is easy to identify the beneficiary of a review in 2004 — consulted with a number of different donation you may make. For example, recently when organisations, including Fundraising Institute Australia, overseas in Paris I found that — — the Salvation Army, the Smith Family, Wesley Mission Melbourne and the Royal Society for the Protection of Mr Guy — Paris? Cruelty to Animals, amongst others. Consultation on Mr LEANE — Paris, and I was not there with this bill has been broad and has been made with the Mr Thornley, Mr Guy. In Paris I found a number of important stakeholders or the organisations who rely on people begging on the street, soliciting for money, and fundraising to continue the good work they do. you could clearly tell that they were in a down-and-out In closing I say that this is an important and situation. I knew 100 per cent that if I handed over any common-sense bill. I look forward to organisations who sort of money to them, that money would go towards fundraise reaping some benefit from the legislation, by their cause. I believe sustaining people who are in such people being confident that there is transparency and a terrible condition is a good cause. that the money the organisations are raising is going to Locally, sometimes people can suffer a bit from the causes they are supporting. I commend the bill to donating fatigue. Australians and Victorians do not the house. mind supporting good causes, and we have a long and Mrs COOTE (Southern Metropolitan) — I have rich history of doing that. I do not know how many pleasure in speaking on the Fundraising Appeals and times members of this house have heard at barbecues Consumer Acts Amendment Bill. At the outset, though, that people do not mind donating to causes but are I have to say that it is an omnibus bill and there are concerned about what percentage of the money will some very strange things that have been cobbled actually go to a cause an organisation is purporting to together. For example, there is the Fundraising Appeals represent. Act, which the majority of this debate is on, but there This bill will go a long way to alleviating that concern. are also acts like the Warehousemen’s Liens Act, the If they find that little money from a fundraising activity Gambling Regulations Act and the Second-Hand has gone to the beneficiaries purported to be Dealers and Pawnbrokers Act. I still do not see how the represented and who they thought the money was being Warehousemen’s Liens Act has any relevance to the collected for, people will make up their own minds purposes of this bill. The government could certainly about whether they really want to support that cause or have used a bit more imagination and put it somewhere another one. Some fundraising organisations are clearly else, perhaps into another type of bill. It is really quite identified, in which case you have an easy confidence extraordinary. that the money they are collecting will go towards However, on the amendments to the Fundraising supporting the good work they do. Appeals Act, I welcome many aspects of this bill. It is FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

28 COUNCIL Tuesday, 3 February 2009 important that when someone gives a donation, they The bill should make allowances for that type of can feel confident that their donation dollar will go to situation. It is going to be incumbent upon the the right place. If we are to have confidence in the organisations concerned to be clear in their annual sector, it is really important that into the future people reports as to exactly how money is utilised and what the can know that their money is being used as they expectations and projections are for future set-up and intended it to be used. administration costs. That will have to become a very real part of fundraising into the future as a consequence The fundraising sector has gone from being a cottage of this bill, and that is to be welcomed. industry two decades ago to a highly sophisticated business that uses effective communication strategies, In 1992 the excellent then Premier, Jeff Kennett, and it is highly competitive. The transparency is embarked on a huge refurbishment of the State Library therefore vital. There have been notable cases of where of Victoria. In that same year Mary Baillieu set up the so-called charities have been set up, often with a lot of Renaissance Appeal for the state library. She realised flourish, and have sounded good, but where in reality that when refurbishment of the buildings was the fundraising dollar just does not get to the people for completed the collections would need to be enhanced whom it is intended. This gives the entire fundraising and that a considerable amount of work needed to be sector a bad name. I do not think any of us likes to see done to make certain that the library followed world this, and I commend Mr Donnellan, the member for best practice. I would like to commend Mary Baillieu Narre Warren North in the other place, on covering for doing that, because it was the beginning of a very some very good points in his report. It is to be well organised State Library of Victoria Foundation. I welcomed, because scrutiny in this industry is a good ran that appeal for Mary Baillieu, and it helped to raise thing. However, we also do not want it to be so the awareness of the library and was highly regarded at bureaucratic that people are put off giving money in the that time. first place. To build upon the success of the Renaissance Appeal I have heard that some very high profile fundraising the state library then decided that it should start a organisations spend 85 cents in the donation dollar on foundation of its own, and I was invited to set up the operational costs. This is unacceptable. People who are State Library of Victoria Foundation. It is no giving to these organisations would be horrified to understatement to say it was set up on a shoestring know that that is how much money goes to the budget. There was one staff member — me — and an operational side rather than to the recipients concerned. excellent chairman in the late Creighton Burns. Andrew That is not good enough. I hope those organisations Lemon of the Friends of the State Library of Victoria will be caught up in this legislation and will have to and Dianne Reilly of the La Trobe library section were come clean and show people exactly how they are also instrumental in helping get this foundation up and spending the fundraising dollars. The donors have a drawing together all the people who have been right to know before they give their money. associated with the library to work constructively together. Set-up costs is one of the issues that was canvassed with Fundraising Institute Australia, which came at it The problem was that the state library was not very from quite an interesting angle. The institute said that well known. People had a vision of the library as a set-up costs are obviously very high. In the first year the whole lot of mouldy old books sitting in dusty stacks costs of setting up a database, an establishment and a and used only by crusty old scholars from time to time. whole range of those things may skew the donations They did not see the library as an inviting place for and the use of those donations. I take on board and have them. They did not know about the depth of the some sympathy for what the institute had to say, but I library’s collections. They did not know about the would like to go on and give an example from personal newspaper collection or wonderful works such as the experience. But before I do that let me say that the Burke and Wills diaries which, as I might have said in organisations which operate worldwide and have high this chamber before, I encourage members to go and profiles do not need to have huge set-up costs. People have a look at. They are written on small pieces of know their brand; they know who they are. The Smith paper and are very poignant. They are the last words Family, the Red Cross, the Salvation Army, World from those famous explorers before they perished in the Vision and those types of organisations are very well outback. The Batman diaries, in which John Batman recognised and their brands are very healthy, but says, ‘This is the place for a village’, are also there. The smaller organisations initially have to spend quite a John Pascoe Fawkner papers and letters are housed in considerable part of their fundraising dollar on setting the state library as well. up and putting their brand into the marketplace. FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

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In addition the public did not know about the donating to it. We raised $3 million, which in the early periodicals, the Australiana and the paintings and 1990s was a considerable amount of money. I would pictures at the state library. As an aside I mention that like to put on the record my praise for a number of the state library was first set up at the same location as organisations including Village Roadshow, which the museum and the art gallery. At that stage the art provided the Village Roadshow Theatrette. The gallery had the enormous Felton bequest and Murdoch family has donated an enormous amount to concentrated on buying European works. It was not the state library, and the Myer Foundation gave a interested in Australian works, so the library, given that considerable specific donation at that time to do it was in the same physical location, decided to take imaging of all the very sensitive glass photograph over the paintings and purchase Australian art. It now negatives that were held at the state library. We all take has a very comprehensive collection of Australian art for granted when we click into our personal computers which is very well managed by the librarians. It that we can bring up any image we like, but those includes a Von Gerard and other fabulous paintings. images were very fragile, as we can imagine, because The irony is that now the gallery would like to have they were printed on glass, and it was an enormous these itself, but they are very well housed in the newly exercise to put those on disk. We take for granted that refurbished library. I encourage members to go and we can scan something into a computer and flick it have a look at this excellent collection. around the world, but this imaging done with the Myer Foundation’s donation occurred in the bowels of the How did we get the State Library of Victoria state library in an enormous area and took a lot of time Foundation up, and how is it relevant to this bill? The and money. It was the beginning of what we know as difference is that today we have very sophisticated scanning today. It was time consuming and costly but database systems, direct mail, emails, Facebook — you was certainly worthwhile. This is a tangible example of name it: we have opportunities. We did not have that to how fundraising can be used very effectively. the same extent in the 1990s, but we were extremely lucky because set up in a tiny office in the state library, I hope this legislation will not put people off the pro next door to the foundation’s office, was VICNET, bono factor and the goodwill factor. From my which we all use on a daily basis. It was experimental understanding of the bill, the State Library of Victoria’s when it first started, but the office helped me to devise a experience would need to be explained in very clear very good and long-lasting database, for which I am detail, because the early set-up costs in 1994 were extremely grateful. much cheaper than the set-up costs of today. Public organisations are far more accountable to their boards It is interesting to look at pro bono work in relation to and foundations today for what they distribute to funds this bill. The pro bono work and other assistance given and other organisations. Now a lot of public companies to us were literally not tangible. Because we were set up their own foundations from which to distribute trying to run the foundation on the smell of an oily rag funds so that it is literally a hands-off approach. In the we had to get as many people as we could to give us 1990s a very high profile donation in the vicinity of assistance. I spoke about VICNET and the database, but $2 million was made to the botanic gardens because the in addition to that we also had huge pro bono assistance wife of a company’s chairman was interested in the from Stephen Kerr, who now has a company called gardens. This does not happen today. Corporations and PRX, and from the Herald Sun, which gave an organisations have far more public accountability, so it enormous amount of support. How would that be is incumbent on other fundraising organisations to give accounted for under the bill we are debating now? detailed accountability and properly explain the Many organisations in starting up will have to seek help nuances in their systems to their donors and the public not just in a financial sense but in the sense of pro bono at large. assistance. This needs to be monitored and transparent, and I hope that is the intention of the bill. This bill will have ramifications for another organisation I have been involved with — the Australia The problem with the state library was that at the time Business Arts Foundation (AbaF), formerly the people knew very little about it, as I said before. Public Australian foundation for humanities and the arts, relations was a very big part of setting up the because of the set-up model used. This is a very foundation. How do you encourage people to give different model from the State Library of Victoria money to something they feel is a state government model. It was instigated under the Howard responsibility when in fact they know very little about government’s arts minister Richard Alston. Richard it? Public relations was essential, so I spent a lot of my Pratt, the chairman, made a very hefty donation to this time on public relations in order to raise awareness of organisation, and it was matched by the federal the library so that people could feel happy about government. They set up a fund to cover the FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

30 COUNCIL Tuesday, 3 February 2009 administrative costs, which were quite extensive, but consider this bill that we look at one of the best the model was then that they worked with organisations sponsors, fundraisers and patrons this country has ever and with corporations to make certain that the mix seen. She will be 100 years of age this month. I am worked. It was a triangular affair which was beneficial talking about Dame Elisabeth Murdoch. You can pick to all parties concerned. up information about just about any worthwhile organisation, and there you will find her — being This model has been used right across Australia in a supportive of a foundation or organisation, giving her whole range of areas. I believe it is a very successful money, giving her time or giving her experience. model. I hope this bill takes that into consideration and that the model will not be jeopardised by some nuance She has been a great supporter of a charity in my own that we have not seen yet or by some unintended electorate, Windana, a drug rehabilitation centre which consequence of this bill. I hope the implications of this has its headquarters in St Kilda. Windana takes a bill have been properly thought through because we holistic approach to the problem of drug addiction and have seen examples of bills coming to this Parliament dependency. It has a farm in Gippsland with a chapel which were half-baked and inadequate. I hope the that was opened by Dame Elisabeth. Dame Elisabeth is government has got this one right, because the model not just giving her name and her funds but is actively from AbaF is a very good one that we could use for involved in Windana. I put on the record my praise for fundraising throughout the state. the work that Dame Elisabeth does. I am sure that as her birthday comes closer many things will be said The AbaF is now under the guidance of Terry about her in this chamber. Campbell; I believe it will go from strength to strength. Some very good arrangements and relationships have Finally, this week we have seen the results of the come out of this organisation, which is value-adding — horrendous bushfires in Gippsland. Yesterday on ABC something that people look to today in a corporation. radio Jon Faine was speaking to a Country Fire IBM, for example, used to give donations to the Sydney Authority volunteer, a survivor of those bushfires, Symphony Orchestra. When it gave the donations it got whose own home burnt down; it was a very poignant its name on the programs and it got plaques in interview. At the end of the interview Jon Faine spoke appropriate places. But then it said, ‘We would like to about the Gippsland Emergency Relief Fund. Its work do a little bit more than this’. So it worked very is something we should all take out of this debate, constructively with the orchestra in mentoring in a because the Gippsland Emergency Relief Fund, which business sense and said to the orchestra, ‘This is a better was set up in December 2006, has raised over use of your money and your funding’, and the orchestra $1 million in response to two large fire events and the in turn said, ‘When we go away and travel we cannot Gippsland floods. The people who are involved in the practise with anyone. Can you come up with a Gippsland Emergency Relief Fund are John Mitchell, computer program that will help us practise when we Andy Tegart and Ron Boskma. I would like to put on are travelling interstate and overseas?’. So IBM started the record my praise for these individuals, because they this particular program, which is now utilised by many have said that 100 per cent of the donations received by orchestras throughout the world. It came out of this the fund are distributed to disaster victims. The fund is relationship which was sponsored by AbaF. These are a charitable organisation, making all donations tax the types of things in fundraising that are not strictly deductible. My point is that the fund is run by donations. It is really important that we understand that volunteers, and 100 per cent of the donations go to the fundraising is a multitude of giving, not just giving in people who are directly affected. The fund is to be money. commended, and many organisations could take a leaf out of its book. I have enormous difficulty with the people who shake the cans at traffic lights. I do not know what their bona I believe what the Gippsland Emergency Relief Fund is fides are. They all wear particular T-shirts, but as doing is what this bill is all about. I commend the bill to anyone knows you can go out and have those T-shirts the house. The Liberal Party is not opposing it. printed at any time. I do not know where that money Fundraising in this state should be open and goes. I believe that needs to be checked properly, but I transparent. Everyone is happy to donate to people in do not think this bill takes that into account. I would need. I encourage all members to give some money to like to put on the record that that needs some further the Gippsland fire appeal. investigation. Ms PULFORD (Western Victoria) — I am pleased There are many organisations that do a wonderful job. to rise to make a few brief comments on the It is important when we look at fundraising and Fundraising Appeals and Consumer Acts Amendment FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

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Bill 2008. The bill makes some minor amendments to Last year my brother was put in charge of Christmas for the Travel Agents Act, the Conveyancers Act and the our family, as he had been away and missed a few Trustee Companies Act to deal with some minor Christmas celebrations. Like many families, our family inconsistencies, typos and to update a few references. It had a discussion of whether there should be a Kriss also amends the Warehousemen’s Liens Act and the Kringle rather than an all-out splurge in retail paradise. Goods Act, and in doing so clarifies the ownership His decision, in taking charge of the arrangements for rights for both suppliers and purchasers of mixed goods Christmas, was that our family would have a Kriss in the event a bulk storage operator goes into Kringle, but one with a twist. We were all sent an liquidation. Much of the debate thus far has focused on envelope with the name of the person who had been the fundraising aspects. drawn from a hat, and the challenge was to make a $50 donation to a charity best suited to the person I start my contribution by saying I enjoyed Mr Guy’s whose name we had: we had a donation Kriss Kringle. new year’s discourse on all matters under the sun, but I did just want to hold him to account on his comment In fulfilling my duties on the Kriss Kringle I googled about the splendid job the Kennett government was ‘charities’ and found a remarkable number of websites doing in the provision of utility services 10 years ago. that listed charities, many of them for free. You could That happened 10 years and four months ago, so it was search by cause or location. There are as many charities not exactly 10 years ago today. Victorians were operating in Victoria, in this country and internationally experiencing a pretty cold September in 1998 when the as there are good causes, so it is a minefield for the gas supply was cut off across the state for a couple of prospective donor. It was foremost in my mind that as weeks. I felt I should respond to that point, but I will much as possible of the $50 donation to the Kriss not dignify the other stuff with a response. Kringle recipient in my family made it to the cause that I chose as most fitting their interests and passions. I move on to the important topic of the work that charities and fundraising organisations do in Victoria. With those few words and that anecdote about my With the advent of the global financial crisis and the family’s Kriss Kringle experience — it was an serious economic challenges we face this coming year, enormous hit, and I am confident it will be repeated in we can all expect that the demand on charities will future years — I commend the bill to the house. increase in coming months. We need to be mindful not to place unnecessary burdens on these organisations as Ms MIKAKOS (Northern Metropolitan) — I am they do the important work of assisting people in great very pleased to rise to make a very brief contribution in need. Many stakeholders, including the Salvation support of this bill. I do so because I regard it as a very Army, the Smith Family and Wesley Mission important piece of legislation. As members of Melbourne, among others, were consulted in the Parliament, all of us are aware of the very important development of this bill. We understand, as Mr Barber work that local philanthropic organisations do for our said, that they are not concerned about any restrictions local communities, and many of us have worked this bill would place on their activities; it will not place closely with those organisations to support them as best any onerous requirements on their operations. we can. As a parliamentarian I have had the opportunity to get to know a great number of organisations that We all encounter donation collectors in the street, at work to support the community in various ways. traffic lights, in the home on the phone or when answering the door. Victorians are very generous with I lend my support to the bill, and in particular to the their money and also with their time. Speakers earlier provisions that relate to amendments to the Fundraising today have remarked on the wonderful efforts of our Appeals Act, because I believe the bill will give volunteer firefighters. Victorians are very generous of Victorians greater confidence that the funds they give to spirit. Like others, I like to know what proportion of charitable and other philanthropic organisations will funds I donate to charities from time to time directly end up being spent as they had intended. serve the purpose for which they are collected. It is an important development and a fantastic outcome of the I pay tribute to the many thousands of volunteers who fundraising review that our colleague in the other place, work tirelessly across the state to support the many the member for Narre Warren North, led in 2004 that people in the community who are in need. Mrs Coote commercial not-for-profit entities will need to make referred to people fundraising for victims of the clear the exact percentage of donated funds that will be Gippsland fires. I also heard the discussion on the Jon allocated in this way and that this will be made clear to Faine program yesterday, and I also congratulate the donors. individuals and encourage our fellow Victorians to FUNDRAISING APPEALS AND CONSUMER ACTS AMENDMENT BILL

32 COUNCIL Tuesday, 3 February 2009 support the families who have been affected by the The Fred Hollows Foundation is an organisation that I devastating fires by supporting that fundraising appeal. got to know about a decade ago through a former member of this Parliament, the late Jim Simmonds. I Only last year members of the Victorian Greek have spoken about the work that Jim Simmonds did in community raised over $1 million for the victims of the fundraising for the Fred Hollows Foundation. It is an Greek bushfires. Many hundreds of families overseas important organisation; its aim is to help have the were affected through that devastating fire. I know the vision of many people in Third World nations, who Greek community across Australia rallied to support would otherwise suffer from cataract blindness, families who had lost loved ones but who also had lost restored. It only takes less than A$1 for a person to all their possessions. I am confident that Australians have their vision restored in the important surgical work will also rally to support our fellow Victorians who that the Fred Hollows Foundation offers to those people have been affected by these devastating fires. in Third World nations.

As Australians we are all proud of the enormous The Fred Hollows Foundation also provides support for support that we gave to the tsunami appeal in 2004. our indigenous people who have far poorer health There was a huge outpouring of support through the outcomes than other Australians. It has provided some various appeals that were conducted at that time to very innovative programs in the Northern Territory and support our neighbours in the Asia-Pacific region. in other remote Aboriginal communities, helping not only to provide better vision for those communities but We all know we are facing an enormous world also in preventing ear infections in young Aboriginal economic crisis at the moment. I want to say that at this children and many other preventive health strategies, time we should not forget the dire financial including dealing with the epidemic of diabetes and circumstances that many millions, probably billions, of other such chronic diseases that are endemic in our our fellow human beings are facing across the world, indigenous communities. particularly in the Third World. When we are experiencing difficult financial circumstances, the I am also heartened by the fact that many of our natural human reaction is for people to focus on matters corporations in Australia have taken on board the close to home and matters affecting our own families. I development of corporate social responsibility am very heartened by the Premier’s annual statement of strategies in recent years. I hope that despite the government intentions presented today, with its focus pressures they are facing to their profit bottom line as a that the Victorian government will direct on growing result of the recent global financial crisis they will our economy and protecting and growing Victorian retain those strategies and ensure that they continue to jobs. However, I encourage all of us as citizens of the provide support for needy Australians and people world to continue our support to the millennium around the world. development goals and the commitment that we all made in 2000 — and which the Rudd government has I and other members are familiar with the work that supported in recent times — to supporting people in many charities undertake in our local communities. I Third World nations. acknowledge the work of two organisations that do enormous work for needy families in my electorate. Many organisations in Australia and in our state do a The first is the Salvation Army, which is based in great deal in support of the needy people across the Bourke Street, not far from this place. I know many world. In particular I want to highlight two members had the opportunity to hear what the Salvation organisations that I know reasonably well — that is, Army does in helping young homeless people with the World Vision and the Fred Hollows Foundation. All of bus it takes around, which has been sponsored by AXA us would be aware of the work that World Vision does as part of its corporate and social responsibility in supporting needy people across the world, strategy, when its representatives came to visit the particularly in Third World nations, and helping to Parliament late last year. This bus has many innovative grow the capacity of those local communities to look features, with a big screen television, computers that after themselves. It is not just about handouts but allow young homeless people who may be sleeping ensuring that those local communities in villages and rough to come into this safe environment and have an towns in those countries have the capacity to lift their opportunity to talk to friendly people, to obtain people out of desperate poverty. I would hope information about support services that exist for them in Australians continue their support to organisations like the community, and to be provided with a meal and World Vision and many other organisation that provide other practical support. that support. NEW MEMBER

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I want to acknowledge the work that the Salvation dinner break, so I propose to resume the chair at Army does not just in my electorate but across 8.00 p.m. Australia. The Salvos are an amazing organisation in terms of the support they provide through their many Sitting suspended 6.08 p.m. until 8.04 p.m. activities, among which are providing support food parcels and clothing for families in need and also for disaster relief. NEW MEMBER

The other organisation to which I want to briefly pay Ms Huppert tribute is St Mary’s House of Welcome, which I have The PRESIDENT announced the choosing of spoken about before in this Parliament. Based in Ms Jennifer Huppert as a member for the electoral Brunswick Street, Fitzroy, it is another organisation that district of Southern Metropolitan Region. provides much-needed relief to needy individuals, particularly those people who are marginalised and Ms Huppert introduced and oath of allegiance living in the city of Yarra. Some of us have had an affirmed. opportunity as parliamentarians to go down there and volunteer in the kitchens during Poverty Week, to see firsthand the enormous amount of work that goes into RELATIONSHIPS AMENDMENT (CARING providing cooked meals for the many hundreds of RELATIONSHIPS) BILL individuals in that local community. Second reading I wanted to take this opportunity to highlight the fact that this bill is an important piece of legislation because, Debate resumed from 4 December 2008; motion of in my view, any legislation that comes to this Mr LENDERS (Treasurer). Parliament that encourages those of us who have the ability to provide some financial or other support to Mr RICH-PHILLIPS (South Eastern those in our communities who are doing it tough — and Metropolitan) — I am pleased to rise on the we expect that we will probably see more such Relationships Amendment (Caring Relationships) Bill individuals during the course of this year — is a good 2008. thing and should be supported by this Parliament. I would like to be the first to place on record my I will conclude by saying, as the Australian Council of congratulations to Ms Huppert on her appointment to Social Service has documented, something like this place. This is a historic occasion — the first time in $500 million is raised annually across Australia through 153 years that a member has been appointed to this various philanthropic organisations. Legislation such as Parliament rather than elected, but I am sure she will this encourages Australians and Victorians to put their serve the people of Southern Metropolitan Region in a hands in their pockets and provide support to our fellow truly professional manner. Victorians who are doing it tough and who deserve our support. I commend this bill to the house. The bill before the house this evening arises from legislation the Parliament dealt with in 2008, being now Motion agreed to. the Relationships Act 2008. This was a controversial piece of legislation that the Attorney-General brought Read second time; by leave, proceeded to third forward — one of several controversial pieces of reading. legislation that we saw in the house last year.

Third reading That bill, which was treated certainly by the coalition parties as a conscience vote — a free vote — was Motion agreed to. largely about symbolism. It was about creating a mechanism for putting relationships between same-sex Read third time. couples on a similar footing to married couples. It was a The PRESIDENT — Order! The time has arrived very controversial piece of legislation that passed this for this house to meet with the Assembly in the place. I was one of the members who opposed it. While Assembly chamber to choose a person to hold the seat I am very sympathetic to the issues that arise with in the Legislative Council rendered vacant by the same-sex couples in terms of entitlements, gaining resignation of Mr Evan William Thornley. The joint access to superannuation and assets, involvement in sitting will conclude at an appropriate time for the medical decisions et cetera, it was not my view — and RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

34 COUNCIL Tuesday, 3 February 2009 it is still not my view — that this legislation, which put The coalition parties have elected not to oppose the those relationships on a similar footing to marriage, was legislation, although, as I said, members on this side of an appropriate step forward, and I did not support it. the house expressed a variety of views on the principal legislation. Now that it has passed, it is the collective The bill, however, has passed this Parliament and has view of the coalition that this bill is a reasonable been enacted. The bill that Parliament is dealing with amendment to the Relationships Act, which arose from this evening is the first amendment to the Relationships concerns expressed by the Catholic Church in 2008 that Act. It arose from the debate that took place at the time the bill did not cover caring relationships. of the original bill with respect to the coverage of the Relationships Act and the fact that it did not extend to It is worth noting that in Tasmania where there is an caring relationships. existing regime for caring relationships, only one such relationship has been registered under that legislation, A caring relationship is a relationship between two so it remains to be seen whether there is interest in adults who are not an intimate couple. They are not a Victoria in such a mechanism being adopted. I married couple. They can be a brother or sister or two personally continue to have concerns about the way in friends or two people who are not in a domestic which the principal legislation puts domestic relationship but nonetheless have a close relationship relationships on a similar footing to marriage. To a where they are involved. They may be looking after certain extent, that is similar with caring relationships. each other as siblings or as friends, and they seek to put Another concern the coalition parties have is the that relationship on a more formal footing. It is similar potential for a caring relationship under the legislation to the provision that exists in Tasmania. This is a matter to be registered and subsequently used to disadvantage that was raised during the course of debate last year elderly or vulnerable people who may be a party to that because there was criticism from the Catholic Church. relationship.

If I recall correctly, the 2008 bill did not cover caring Regrettably there is no doubt we will continue to see in relationships; it was, despite comments from the society people who befriend but then take advantage of Attorney-General, directed purely at same-sex elderly and vulnerable people for their own financial relationships and putting those relationships on a gain. The potential for this mechanism to make that similar footing to marriage. That criticism was made easier, particularly insofar as once a relationship is last year, and this bill now introduces a framework to registered the capacity for a person who is taking recognise caring relationships where they are not advantage to walk away from the relationship in the relationships of a domestic couple or a married couple. knowledge that the relationship is already a registered relationship is not a welcome development. One of the requirements of a caring relationship is that the parties to that relationship are not already engaged On balance the coalition parties will not oppose this in a domestic relationship or in a marriage. They are amending legislation. It provides coverage to an area required to obtain independent legal advice from where concern was expressed about the principal independent practitioners prior to entering into a caring legislation. Whether it is used in Victoria remains to be relationship, and there are some constraints on the seen. The track record in Tasmania suggests it will not matters, including superannuation entitlements, death be, but it addresses the concerns raised, and as such we benefits, taxation and other concessions, parental will not oppose it. responsibilities and marital status matters under the Equal Opportunity Act that are covered with respect to Ms PENNICUIK (Southern Metropolitan) — As caring relationships. Mr Rich-Phillips has mentioned, the Relationships Amendment (Caring Relationships) Bill 2008 is an It is important to note that caring relationships as amendment to the principal act passed last year — that covered by this proposed legislation are not the same as is, the Relationships Act. The Greens are supportive of a relationship with a carer, which is a matter where a a relationships register which enables two persons to person may be paid to provide assistance to a disabled register their relationship and whether they are in a person or to a disabled person in other forms. It is only same-sex relationship. I know there was a lot of to cover caring relationships as defined in the act. The attention on the same-sex relationship part of the use of the term ‘caring relationship’ is not as it has been register, but it is also open to people not in same-sex used elsewhere in Victoria; it refers to relationships relationships who wish to register their relationship with carers. It is important to make that distinction. other than by being married. The Greens were very supportive of that legislation. However, we put forward amendments that went to the provision of a ceremony RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

Tuesday, 3 February 2009 COUNCIL 35 to accompany the registering of a relationship and also charter’s equality rights does not appear to have been an amendment that received considerable support, but demonstrably justified. The committee will write to the Attorney-General about the statement of compatibility. not enough to pass in this house, that only one of the two people wishing to register their relationship in I would agree; it has not been demonstrably justified. Victoria need reside in Victoria and the other party The Scrutiny of Acts of Regulations Committee went could reside in another state. on to say:

We are generally supportive of the legislation of caring Whilst the committee recognises that the bill is beneficial, it is relationships as exists in Tasmania and as is proposed nevertheless concerned that clause 9(2) may treat married or in the bill, which the government undertook to partnered people less favourably than single people. For example, a middle-aged person may provide significant care introduce into the Parliament during the debate on the for a disabled friend. If both are single, they will be able to original bill. We made the point during that debate that register that relationship, allowing easy proof of that there needs to be consistency across state jurisdictions relationship and access to the property adjustment regime in and territories with regard to relationship registers and part 3 of the Relationships Act 2008. However, if the one happens to be married (e.g. to a long-term spouse with how people’s personal relationships are treated, because dementia who is living in a nursing home) or has an intimate at the moment people in different parts of Australia relationship with a neighbour, then they will both be denied have different rights in that respect. these legal benefits in respect of their caring relationship.

I made the point in the earlier debate that we need a The committee also observed that: national relationship register. I made the point that … the purpose of only allowing the registration of a ‘primary’ marriage should be available to any two persons, relationship appears merely to restate the scheme’s exclusion including same-sex persons. That is certainly Greens of married and partnered people. The statement that a broader policy. scheme would be unworkable is not explained.

If we look at the second-reading speech, we see that It also said it would write to the minister for an this bill is based on the Tasmanian act in terms of explanation of that. As far as I know from checking the caring relationships and generally, and we agree it is Scrutiny of Acts and Regulations Committee’s website, very similar to that act. In terms of national consistency, there is no response from the minister in that regard. I there will be some consistency between Victoria and ask government speakers who may follow me to clarify Tasmania but not the rest of the country. That is an the matter. The example used by SARC is slightly issue that the national government should look at as different from the example used by the well. As I said, people in different parts of Australia Attorney-General, who said that people in a partnered have different rights in this regard, and there is no or sexual relationship of any type are in a significant reason why that should be the case. caring relationship, as he describes it, and are caring for each other financially and domestically. SARC The caring relationship is an interesting and somewhat envisages another type of caring relationship where puzzling one. The minister explained that: someone cares for another person who may be disabled or unwell and not able to reciprocate that care. The bill A registrable caring relationship is a relationship between two adults, which is not a marriage or a couple-relationship, and makes it clear that a caring arrangement where where the partners may be related by family. Not to be someone is being paid or is doing it in a commercial or confused with the notion of a ‘carer’, a registrable caring quasi-commercial relationship or is working for the relationship is one where the partners in the relationship local council as a carer, for example, would not qualify. provide each other with personal or financial commitment But would someone who is providing care in an and support of a domestic nature, other than for fee or reward. altruistic way for their friend or relative qualify? They The Scrutiny of Acts and Regulations Committee could not register that relationship because it has been (SARC) and certainly other members of Parliament deemed that only primary relationships are able to be have raised the issue of the provision in this bill — and registered. it is the same in the Tasmanian act — which will mean that two people will not be able to register a caring It is not entirely clear as to what the purpose is. Is there relationship if one of them is otherwise married. It has an intention by the government to exclude those other made me wonder about what is a caring relationship. classes of people who are not, as the Attorney-General On this issue the Scrutiny of Acts and Regulations described, providing mutual support to each other? Is it Committee said: deliberate to exclude the other type of relationship used as an example by SARC in its report to illustrate why it The clause may treat married and partnered people less believes the provision is discriminatory? Are we saying favourably than single people. This possible limitation of the that only a primary relationship is a significant mutually RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

36 COUNCIL Tuesday, 3 February 2009 beneficial relationship? Is that what the government is discrimination in one form or another against members saying this register is about? It is not clear. I hope of our same-sex-attracted community. government speakers can clarify that. If they cannot, I foreshadow that I will ask the minister in committee. I The Relationships Act provided the framework for the foreshadow that I have these questions to put to the establishment of the relationships register. That register minister. It is slightly confusing as to what is being enables a formalisation and a legal recognition of proposed. domestic relationships to occur. There are many reasons why people enter into a more formal I note that the bill — as does the Tasmanian act — relationship and take their loving and deeply committed requires people wanting to register a caring relationship relationship to a more formal level. Some of these to seek legal advice. I ask government speakers to reasons are legal, many of them are social and some of advise whether the department would produce them are just plain old-fashioned romantic. It is great information to legal practitioners as to the type of that the passage of the Relationships Act has provided advice they would be able to provide to people who this celebration and legal recognition to a broader range come to them seeking that advice. It is a good provision of relationships. in the bill, particularly because, as I have mentioned, it is not entirely clear what type of caring relationship can It was during the debate on that legislation in the other be registered and what type of caring cannot. Apart place that the government committed to amendments from the questions I have raised in my contribution, and that would enable registration of caring relationships, assuming I hear a proper explanation and clarification and it is that undertaking that has brought us to our from government speakers or from the minister in discussion of this amending bill this evening. The committee, the Greens will not oppose the bill. successful passage of this bill will provide the means for a non-romantic relationship and a non-sexual Mr KAVANAGH (Western Victoria) — Last year relationship to be registered. A caring relationship is when the Relationships Bill was passed in this house I characterised as being one between two consenting expressed the view on behalf of the Democratic Labor adults who are not a couple, and the bill makes that Party that legal recognition of sexual relationships per clear distinction. The two individuals in the relationship se should be limited to traditional marriage as the best may be, but certainly are not required to be, related. basis we have for raising the next generation. The bill This amendment will bring the Victorian legislation before us is not about sexual relationships at all; indeed into line with the Tasmanian legislation, which was the they are precluded from the provisions of the bill before basis for the original Relationships Act. us. The bill is about caring relationships that are not sexual relationships. These kinds of caring relationships It is important to distinguish a caring relationship from are extremely valuable; they are central to the quality of a carer relationship. A caring relationship is one where life of many people. No doubt many people, especially there is no financial reward but rather a partner who is elderly people, are in desperate need of caring providing another with ongoing personal or financial relationships, but some, unfortunately, do not have support without payment as such, which would be the them. To the extent that a government can encourage case in many carer relationships. The legislation does them, I believe governments should do so. Allowing not require that the two parties have to be living members of families to register their relationships in together, but as an important safeguard it does require order to benefit each other, or perhaps allowing old that both parties obtain independent legal advice about friends to do so, is for the benefit of people in difficult the consequences of the registration of their caring situations. Therefore I will not oppose this bill. relationship.

Ms PULFORD (Western Victoria) — I am pleased There are benefits to the parties of a registered caring to rise to speak in support of the Relationships relationship, including clarity around property rights, Amendment (Caring Relationships) Bill. Getting on for court recognition of written agreements, arrangements a year ago now, the Victorian Parliament passed the for entitlements to go to a surviving partner if the other Relationships Act which commenced, as members partner dies intestate, and consideration as next of kin might be aware, on 1 December last year — a happy or nearest relative in certain circumstances, including occasion for many same-sex couples in this state who guardianship. With any such arrangement, in addition are now able to seek formal and legal validation of their to the benefits there are obligations on the parties, and otherwise pre-existing commitment in their the bill details those. People can enter into a caring relationship. This government is very proud to have relationship if they are single, but the legislation introduced around 60 pieces of legislation to remove requires that the relationship be the primary relationship, and importantly it clarifies that people can RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

Tuesday, 3 February 2009 COUNCIL 37 have only one primary relationship. This legislation relationships but who are deeply involved with each provides a means for registering a primary relationship other to have the arrangements of their relationship that is not a romantic one. given legal status.

Victorians with a registered caring relationship will be But of course conditions apply. The two individuals able to expect legal certainty within Victoria in many may not be married or in a de facto relationship with areas of the law, but there are some exceptions, each other or with anyone else. They may be members including reversionary pensions under a superannuation of the same family or they may be longstanding friends. or judicial pension scheme, entitlements that are They must be over the age of 18, and they must live in available through the Transport Accident Commission Victoria. However, the caring relationship in terms of to the spouses of people who have been injured or this bill may not include a relationship in which a killed in a car accident, or spousal entitlements through person simply provides domestic support or personal the workers compensation scheme for a workplace care on a fee-for-service basis. They obviously must not injury. Also, there are exceptions in relation to tax provide that care with any kind of reward or profit in concessions, financial duties and benefits. mind. The care needs to be a function of the relationship, and the relationship must be the primary The relationships register is a great development in relationship. Victorian legislation. It provides a way in which important domestic relationships can have a higher Ms Pennicuik raised a number of matters that arose out level of recognition than they have had previously. The of the Scrutiny of Acts and Regulations Committee amendments in the bill before us today will further report. I did not catch all of them, but the one that I did provide that right to people in very special and catch that I might say something about at this juncture important relationships. They will provide legal relates to a paragraph in the statement of compatibility protections, benefits and, most importantly, certainty to under the heading ‘Inability to register a caring the people in those arrangements. I commend the bill to relationship if already married, in a domestic the house. relationship or in another relationship’. Ms Pennicuik drew particular attention to the second paragraph under Mr SCHEFFER (Eastern Victoria) — I rise to that heading, which argues or asserts that the speak briefly in support of the Relationships requirements for the exclusivity of that relationship are Amendment (Caring Relationships) Bill. Last year, as reasonable, given that the purpose of the registration previous speakers have indicated, the Parliament passed scheme is to allow people to register their primary the Relationships Act which, for the first time in relationship. That paragraph goes on to say that the Victoria, established a relationships register to allow purpose of the registration scheme is for recognition in couples who are in domestic relationships to formally law and that if there were an uncertainty and it was register those relationships and give that arrangement a extended beyond a single relationship, it would become legal standing. It is fair to say that the substantive act unworkable in the case of numerous relationships. I mainly benefits same-sex couples. While it was think that answers the point that Ms Pennicuik made. opposed by a number of mainly religiously based organisations, it was, to be fair, also widely supported It does not mean that people cannot have a range of by those who see it as legislation that promotes human deep, very involved, very emotional relationships with rights. a whole range of people, indeed even sexual relationships, but what people are being invited to do, I said in my contribution to the second-reading debate or what they can avail themselves of, is the registration on the Relationships Act that I believe that legislation of a primary relationship which is of a nonsexual nature strengthens and develops the rights of many people and which is based on a caring relationship that has who face great obstacles in establishing the legitimacy legal standing. That is its value and that is what is open and authenticity of their relationship with their partner. to people in those sorts of relationships, through this The same applies to people who are in a caring legislation. The other matters that Ms Pennicuik raised relationship with another. At the time of the passage of will probably have to be argued in the committee stage the Relationships Act the government agreed to if that is how the procedures go. investigate extending the arrangements in the act to people who are in caring relationships so that their In returning to the bill, the question then is why two personal association can be recognised and registered people would enter into a relationship of this sort. In according to Victorian law. The Relationships my view the benefits might include providing a level of Amendment (Caring Relationships) Bill that is before clarity about the property rights of each of the members us today will assist people who are in non-sexual in the caring relationship that would allow them to seek RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

38 COUNCIL Tuesday, 3 February 2009 court orders, for example, concerning property This becomes particularly important when talking about interests, or maintenance if the relationship were to who can access people who are in hospital. There can break down. The registration of the relationship would be discussions about medical treatment that is available, give court recognition to any written agreement that the and it allows for partners in that relationship to have caring couple may have entered into in relation to their those discussions without the need on every occasion to property. A surviving partner would be entitled to part look for the proof. of the residuary estate of the deceased partner who dies intestate, who could give consent to an autopsy, for The principal act is really about putting in place a example, as they would be deemed to be the senior simple straightforward process if or when that available next of kin. relationship happens to break down. It is a process for dealing with the consequences in terms of giving up As well, a party to a registered caring relationship any property that may have accumulated during that would also be the nearest relative, and their wishes may relationship or indeed which may have been brought be considered in making a guardianship order, for into the relationship. example. There are a range of important and significant benefits for people who opt to place themselves in a At its heart, the act this Parliament passed last year was registered caring relationship. These relationships will about recognising and respecting the diversity of in many ways be treated in the same way as registered relationships in existence in Victoria. This bill builds on domestic relationships even though there are that respect and on that recognition by extending the exemptions that relate to entitlements in relation to types of relationships recognised to caring relationships, some type of pensions under superannuation and and these are relationships where partners provided to judicial pension schemes, because those pensions are each other personal or financial support of a domestic predicated on a spouse-like relationship; to enter into nature. those for this particular register would involve a range of fairly fundamental policy changes to those schemes. In my contribution in support of the act passed last year I indicated that it was the government’s intention to The bill will make a big difference to people who are develop a bill that would allow for the registration of currently in caring relationships but who live with some caring relationships; this bill delivers on that doubt and insecurity in relation to some of the commitment by the government. important arrangements they make in managing their lives. They could include adult siblings who may I will respond briefly to some of the issues raised by continue to live together; an adult child who lives with Ms Pennicuik. Although I may have missed some parts an ageing parent; a cousin who may give support to a of her contribution, as I understand it she expressed relative with a disability even though they do not live concern about the Attorney-General’s response to together; long-time friends who might live together and requests for information that was sought by the might share-buy a house, for example — so there are a Scrutiny of Acts and Regulations Committee. I confirm lot of combinations and a lot of arrangements that come that the Attorney-General has responded to those under the ambit of ‘caring relationships’ and within the requests for information. meaning of this bill. Ms Pennicuik raised the issue of why there could not be To have these relationships registered extends the kind a number of primary relationships. In his contribution of legal security enjoyed as a matter of course to those Mr Scheffer identified in some detail the principal living in more conventional, legally recognised and reason for that. As alluded to by Mr Scheffer, the socially celebrated relationships. This is good concern is that if there were a number of primary legislation, it does the right thing and I am pleased that relationships that had been registered, there may be a it is so widely supported. I commend the bill to the number of conflicts in terms of which of those house. relationships was supreme when there was a dispute. There is a degree of complexity introduced if more than Mr TEE (Eastern Metropolitan) — I, too, rise to one primary relationship is allowed. support this bill. Last year the passage of the Relationships Act 2008 really delivered for the first For clarity and certainty and to reduce complexity the time in Victoria a relationships register for domestic view was taken — correctly, I think — that we ought to relationships. That act simplified a lot of complexity avoid the situation where we may have that conflict of about identification and about proof. It provided rights. As Ms Pennicuik indicated in her contribution, conclusive proof of a relationship without the need for our legislation is now consistent with that in Tasmania, additional evidence. and where possible we ought to embrace uniformity RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

Tuesday, 3 February 2009 COUNCIL 39 and that consistency, and I am pleased that on this relationship because it is between two adults who are occasion we were able to do so. not a couple and who may be related by family. They could have some relationship — they could be siblings, The other issue is that the fact that you have one they could be cousins, or they could be related in some primary relationship does not mean that at law you other way. cannot provide other benefits or rights, either through incorporation in a will or through a power of attorney. The purpose of the registration scheme that is set up for The primary relationship does not necessarily exclude both domestic and caring relationships is to allow the provision of benefits in other forms. people to register one relationship as their primary relationship, which will be recognised as such for the Finally Ms Pennicuik raised the issue of the purposes of Victorian law. This is what the registration independent legal advice that is required. The of the caring relationship is all about — affording independent legal advice is an important aspect, protection to people who are providing care and because we want to make sure that the advice received support, whether that be financial or emotional. They goes to the impact on the individual. This is important are doing it not for fee and not for commission; they are legislation, and the impact that it can have on each doing it because they have a very committed and caring individual, on each couple, in each relationship is relationship with each other. different, and we think it is important that advice be obtained prior to entering into that relationship. The Having the relationship registered as a primary individual nature of the circumstances sets up the relationship on a register affords that legal protection reason for the advice, and I am sure that once they have and is a sensible way for people to be able to access all read the legislation lawyers will be competent to the existing laws we have in place, including the 2001 provide that advice. reforms which amended more than 50 pieces of legislation to remove discrimination against same-sex With those few words I support the bill. I support it for and unmarried heterosexual couples. It also means that strengthening Victorian communities, providing people who are in a committed, caring relationship equality and supporting diversity. which is their primary relationship will not have to repeatedly go around proving their relationship in a Ms DARVENIZA (Northern Victoria) — I, too, range of circumstances. The circumstances might have pleasure in rising and making a short contribution include where there is a medical emergency and they to debate on the Relationships Amendment (Caring have to prove they are the next of kin, where decisions Relationships) Bill 2008. As has already been pointed are being made about a critically ill patient and only the out by the previous speakers, the bill allows for the next of kin are able to have access to the patient or be registration of a caring relationship and brings the involved in discussing the range of options around Victorian registration system into line with that in treatment and care for that individual. If you are in a Tasmania. It is a similar sort of system, where we are registered caring relationship you will not have to committed to a fair and more compassionate Victoria repeatedly prove yourself to be the next of kin. You and are looking for consistency. will be able to visit loved ones in intensive care, and When the Relationships Bill 2008 was debated in you will have access to the Victorian law in relation to Parliament last year the government was committed to property matters, superannuation and inheritance. As developing legislation that would allow for the we travel through our lives we come across all of these registration of a caring relationship. People will issues. Couples who are in a registered caring remember the debate on that bill at the time and the relationship and have that as their primary relationship government’s commitment to bringing to Parliament a on the register will not have to continually explain bill that covered this area of caring relationship. The themselves and prove their relationship. government has reinforced this commitment as part of The bill provides a separate definition of a registrable our recently released justice statement 2, which outlined caring relationship that provides that the relationship, a range of initiatives, including one to further protect while being between two people, is not that of a couple the rights of Victorians. That is what the bill before us and the partners may be related by family. The today does: it protects the rights of those individuals definition is otherwise similar to the definition on the who are in a caring relationship. register for the domestic relationship in it being The bill also fulfils this commitment by enabling the between two adults, one or each of whom provides the registration of a caring relationship on the relationships other with domestic support and personal care without register. A caring relationship is different to a domestic fee or payment. RELATIONSHIPS AMENDMENT (CARING RELATIONSHIPS) BILL

40 COUNCIL Tuesday, 3 February 2009

As has been pointed out by previous speakers, partners the people of Victoria look at this government and say, applying to register a caring relationship must first ‘Good Lord! What have we done?’. obtain independent legal advice about the consequences of registration. This is about protecting the individuals You get the feeling that pieces of legislation like this who are entering into such a relationship. Across the will come back to haunt this government at the next statute book partners in registered caring relationships election, because it is pieces of legislation like this that will generally be treated in the same way as partners in people remember. They stick in the electorate’s mind. registered domestic relationships, with the exception of The people out there — the people we represent — are a number of circumstances. not stupid. They are very down to earth and they believe in common sense, but this bill represents none This bill follows and is in line with legislation that is of that at all. People in the electorate — those we already in place in Tasmania. It has been informed by a represent — are looking at this chamber tonight, and very extensive consultative process, including with a they are saying, ‘Where are this government’s range of external stakeholders who have made priorities?’. They are saying, ‘We have seen a debacle comments about the government proposal to bring a bill with public transport over the last month or so’. Last like this to Parliament. They include organisations such Friday night we saw tens of thousands of people as the Australian Christian Lobby, the Uniting Church, desperately trying to get home when every train was Carers Victoria, the Council on the Ageing, State cancelled. The government does not seem too Trustees Ltd, the courts and the Victorian Civil and concerned about that; however, it does want to register Administrative Tribunal, the Law Institute of Victoria, our relationships. There is a government with its the Victorian Bar, the Victorian Equal Opportunity and priorities on the right track, even if the trains are not! Human Rights Commission, the Attorney-General’s advisory committee on gay, lesbian, bisexual, We see a government that just cannot deliver the water transgender and intersex issues as well as the Catholic we need. I am just one of many who last Saturday Archbishop of Melbourne and the Public Advocate. morning got up at 6 o’clock to water the garden. Consultation was also undertaken with all departments that administer legislation affected by this bill, and, as I Ms Pulford — A luxury! said, that includes a range of legislation. The bill has Mr FINN — And the previous Saturday morning I gone through a very broad consultative process. It is got up to water the garden at 6 o’clock. As Ms Pulford about creating a fairer and more compassionate society points out, that is somewhat of a luxury, because there in Victoria and protecting individuals who are in a are many Victorians who do not even have the water to committed, caring relationship that is a primary do that. The Brumby government cannot deliver the relationship. The bill will give them a whole range of water that Victorians need for basic services, but it can rights that they should have, given the nature of the register your relationship. Not a problem there — relationships. It is a very good bill, and I commend it to ‘Come along, register with us’, it says. the house. Health is an area that is going backwards at a rapid rate Mr FINN (Western Metropolitan) — On this first of knots. People are dying because they cannot get into sitting day of 2009 I have to think about the general a hospital. They are dying in ambulances because they populace of Victoria and why they look at this building cannot get into hospitals. The Brumby government and at politicians and shake their heads and walk away. cannot deliver basic health care to the people of It is bills like this that make the general populace Victoria, but it can register your relationships. They are disenchanted with politics, because this bill is not an priorities we can be proud of. Despite the protestations immoral bill and it is not an unethical bill — it is just a of the Premier last Monday that we had more power very stupid bill. It takes the Attorney-General’s social than we could cope with and that we had more agenda from dangerous to ridiculous. If ever there was electricity to get us through last week than we could a bill that did not need to come before the Parliament, ever possibly want, within hours there were blackouts this is it. For years we have been told by various groups from one end of the state to the other, many for up to around the community that we should stay out of their 20, 30 and I understand 40 hours and more. We have a lives, that we should stay out of their bedrooms, that we government that cannot provide a basic service like should leave them alone and that we should just let electricity to the people of Victoria but is very happy to them live their lives. Now we have a government that register your relationship. wants to register every relationship that anybody could ever have with anybody else. It is ludicrous, it is What sort of government have we got here? What is ridiculous and it is nonsense. As I say, is it any wonder this nonsense that we are debating tonight? This bill is CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

Tuesday, 3 February 2009 COUNCIL 41 stupid — s-t-u-p-i-d — and I hope this is the last time The bill amends the Summary Offences Act 1966 and the demented Attorney-General of this state brings such the Crimes Act 1958 with respect to provisions relating nonsense before the Parliament of Victoria. I hope this to drink spiking. It arises from a report from the Model government, now approaching its 10th year in office, Criminal Law Officers Committee of the Standing will perhaps have a think about what really matters to Committee of Attorneys-General (SCAG). This work real people in Victoria and we will never see this sort of was undertaken by the standing committee initially in stupidity before the Parliament again. 2003 and culminating in a report and recommendations in 2007. We are now seeing some of those Motion agreed to. recommendations being implemented in this bill.

Read second time; by leave, proceeded to third The first provision of the bill inserts into section 53 of reading. the Crimes Act a subsection which extends the existing offence of administering a drug with the intention of Third reading rendering a person incapable of providing resistance to Motion agreed to. an act of sexual penetration. The bill extends that offence to administering a drug with the intention of Read third time. making another person incapable of resisting an indecent act. The category of offence following a drink-spiking incident is extended from sexual CRIMES LEGISLATION AMENDMENT penetration to any indecent act, which was a (FOOD AND DRINK SPIKING) BILL recommendation of the SCAG group. It will carry a penalty of imprisonment for up to five years, which is Second reading intended to send a very clear message that these offences are unacceptable. Debate resumed from 4 December 2008; motion of Mr LENDERS (Treasurer). The second provision of the bill is an amendment to the Summary Offences Act which creates a new food or Mr RICH-PHILLIPS (South Eastern drink spiking offence. The offence carries a maximum Metropolitan) — I am pleased to rise this evening to penalty of up to two years imprisonment. It applies if a speak on the Crimes Legislation Amendment (Food person gives or causes another person to be given or to and Drink Spiking) Bill 2008. The coalition parties will consume food or drink that contains an intoxicating support this bill. The issue of food and drink spiking, or substance — which is any substance that affects a predominantly drink spiking, is an ever-growing one in person’s senses or understanding — where the our community. The Australian Institute of perpetrator knows the victim is unaware or is reckless Criminology estimates that on an annual basis there are as to whether the victim is aware of the substance or between 3000 and 4000 drink and food spiking where there is more of it in the food or drink than the instances. Around a third of those cases lead to sexual victim would expect, and where the perpetrator intends assault of the victim, and around 60 to 70 per cent lead the victim to be harmed by the consumption of that to no further crime against the victim other than that of food or drink. drink spiking directed at a victim for whatever reason, often for the amusement of the perpetrator. They are This is a significant and welcome expansion of the serious crimes, and it is significant that this bill seeks to provisions of the Summary Offences Act. However, it address these matters. does not fully address the recommendations of the SCAG group with respect to drink-spiking activities, It is also worthwhile noting the drug that is typically because the third element that is included in that used for drink and food spiking. We see a lot of media provision of the Summary Offences Act requires the commentary about the use of exotic drugs such as perpetrator to have the intent of harming the victim by ecstasy and GHB (gamma-Hydroxybutyrate) in food their consumption of the food or drink. For a matter to and drink spiking, but the reality as reported by the be successfully prosecuted under the Summary Australian Institute of Criminology is that the most Offences Act the prosecution will have to prove that the common drug used for food and drink spiking is perpetrator had the intent of causing harm when they alcohol mixed into non-alcoholic drinks with the intent introduced the substance into the food or drink. That is of incapacitating, or worse, the person to whom the not what was expressed by the SCAG work as the drink is given. necessary step to close the loophole on drink spiking, and we have concerns that that third element of that provision of the Summary Offences Act will make it CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

42 COUNCIL Tuesday, 3 February 2009 harder than necessary to secure prosecutions under this indication of where our society has come to, that young provision. people feel they have to give each other that amount of protection. This is a significant and growing area of concern for the community. As I said, the Australian Institute of Creating an offence for food and drink spiking, Criminology has estimated there are 4000 such regardless of whether that food or drink is consumed, incidents a year, one-third of them leading to sexual sends a strong message to the community that this is assault. It is important that this Parliament send a very unacceptable conduct. Introducing more severe clear message that these activities are not acceptable penalties for people who spike food or drink is and are not a joke. They have led to significant harm to supported by the Greens. Drug-facilitated sexual assault the victims. In one-third of cases they lead to sexual is a terrible crime especially because the victim is not assault. They are not minor but significant offences. It 100 per cent sure what has happened or whether they is appropriate that is reflected in the Crimes Act and in have been assaulted. They might be at a party, in a pub the Summary Offences Act. This side of the house, or in a nightclub and suddenly find themselves in an while supporting this legislation, has reservations as to unfamiliar location with their clothing askew or how the provision of the Summary Offences Act will worse — with the perpetrator on top of them, with no work and whether its provisions will be as effective as memory or recall or any ability to stop the assault. You those sought by the standing committee when it made cannot give consent if you are affected by drugs. I can its recommendations about closing that loophole. only imagine how horrific this experience must be and how difficult it would be to recover and heal from such Ms HARTLAND (Western Metropolitan) — I a breach of trust. thank Mr Gordon Rich-Phillips for outlining the technical aspects of this bill. The Greens support the West CASA also told me that there is a narrow window Crimes Legislation Amendment (Food and Drink of opportunity to test the victim to confirm if drink Spiking) Bill. As members know, by the end of last spiking has occurred. I think it is the element of year we had dealt with a number of complex and powerlessness that I find most disturbing. The other emotionally draining bills. It is great to start the year thing I think we have all noticed of late is that there with a bill that has generated consensus across all have been a number of horrendous sexual assaults parties and works towards reducing violence against where the perpetrators have actually videoed it with women. their camera or other equipment and sold it to their friends or put it on the internet. This is a double In preparing to speak on this important bill — and I will humiliation. It was something that I raised in the keep my contribution quite brief — I spoke with briefing, and I think it is the next step that we have to workers at the Western Region Centre Against Sexual look at in examining sexual assault cases. If we are Assault (West CASA). I did this to clarify a number of making this an offence, perhaps we should go the next terms in the bill and to talk to them about their concepts step and make filming such acts an offence as well. I of ‘sexual assault’. They say that the term incorporates would like to see a media campaign along the lines of rape but also other offences such as indecent assault — the advertisement ‘Violence against women, Australia and that definitions and labels for sexual offences can says no’. I thought those advertisements were effective vary from state to state. Whilst I acknowledge that men in humanising the issue and clarifying what constitutes can also be victims of this horrendous crime it is mostly violence. women who are targeted, so my speech will reflect that. West CASA described to me an education program, During my conversation with West CASA it was which unfortunately is no longer funded, where they reinforced that sexual assault is generally perpetrated by went into schools and taught teenagers how to protect a person or persons known to the victim. Perpetrators of themselves, what was a safe relationship, what was drug-facilitated sexual assault are mostly strangers but acceptable in a relationship and especially for young can be acquaintances or friends — not very good women the fact they could say no to a sexual friends, you would have to say. West CASA told me relationship, and that they did have a right to do so. that they had recently seen an increase in the number of While they offered one-day programs, the greatest women experiencing drug-facilitated sexual assault. benefit came from those that were conducted over a This is obviously disturbing and demonstrates that this series of weeks. This way the students could retain the legislation is much needed. My 24-year-old niece has information and engage more meaningfully in the told me that when she and her friends go out as a group, material. Having gone to a launch in Footscray where I one person is left at the table to watch the drinks so that spoke to a number of students, especially young men, I nobody can tamper with them. I think it is a terrible found that these type of courses had really made them CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

Tuesday, 3 February 2009 COUNCIL 43 think about the kind of relationships they have seen possibly linked to taking ecstasy, so the risks are well with their parents or friends’ parents and how they did known. When people knowingly engage in these risks it not want that type of relationship for themselves. is one thing that requires an approach by government and politicians. It is another thing altogether when The Greens congratulate the government on this bill people are imbibing without their knowledge or and hope that it will be complemented by it again consent. funding peer education programs that have in the past been run by such great organisations as West CASA. Earlier today in his statement of legislative intentions the Premier referred to the question of respect and some Ms PULFORD (Western Victoria) — I am pleased of the initiatives the government plans to take in the to rise in support of the Crimes Legislation Amendment coming year to tackle the antisocial behaviour we are (Food and Drink Spiking) Bill 2008 and am pleased seeing along some of our nightclub strips and on our that other speakers have indicated that the legislation streets late at night. This legislation certainly has broad support in the house. complements those sentiments.

Drink spiking is all too common in our society, and any Two offences are created by this legislation. The first is single incident of drink spiking is one too many. It is an a new offence in the Summary Offences Act; it creates insidious act, occurring most commonly in social an offence of food or drink spiking. That applies even if settings where people are having a good time and the food or drink is not actually consumed; the offence enjoying themselves at a party, a nightclub, a bar or a is committed even where there is an intention to harm. restaurant with friends. It is an act that frequently leads This results from a recommendation of the Model to robbery, assault, injury and all too frequently, rape. Criminal Law Officers Committee of the Standing The victims of drink spiking are most commonly Committee of Attorneys-General. This offence seeks to women — around 80 per cent of drink-spiking close the gap at the less serious end of the spectrum of incidents involve women and 50 per cent of victims of drink-spiking behaviour. There are already offences in drink spiking are under the age of 24 years. We are place for the more serious incidents, specifically those talking about young women in a social setting where where injury occurs. As this offence is intended to be at they ought to be feeling safe and having a nice time but the lower end of the spectrum, it carries a maximum are being assaulted in this way. A third of the victims of sentence of two years imprisonment, making it a drink spiking report sexual assault. This is the most summary offence. horrendous manifestation of this type of activity. The essential elements of causing an offence in We encourage our young people to keep safe when they accordance with the proposed changes include giving a are socialising. These days groups go out with a person, or causing another person to be given or to designated driver, as Ms Hartland indicated in her consume, food or drink that is spiked; knowing that the contribution, and in some instances a designated drink victim is not aware; or being reckless as to whether the watcher, which is quite a tale. People make their plans victim is aware that the food or drink is spiked; and and hit the town with friends; they look out for one intending the victim to be harmed by the consumption another and have a designated driver organised; they try of food or drink. It does not seek to make an offence to keep safe. What might be seen in some moronic out of giving somebody an extra shot of alcohol at their circles as a bit of a joke in slipping someone a mickey birthday party — the sort of behaviour that perhaps is a is incredibly dangerous. Commonly this is associated little reckless but is not intended to harm. It certainly with the consumption of alcohol where an extra shot of makes that distinction. vodka or a drug is slipped into a beer. Some media accounts tell instances of rape where people have had The second offence, which is certainly at the more their drinks spiked by powders being added to people’s serious end of the drink-spiking spectrum, is made drinks — the circumstances in which people are further through an amendment to the Crimes Act. The bill intoxicated or drugged without their knowledge. seeks to amend section 53 of the Crimes Act, creating Reports in the media in the past few days referred to an offence of administering a drug with the intention of safe drinking levels, and again we are reminded that in rendering a person incapable of resisting sexual all instances the safest thing to do is to stop after four penetration. This was a recommendation of the Model drinks because at that point harm is done to our bodies. Criminal Law Officers Committee. It also seeks to cover situations where the offender’s intent is to render The effect of drug and alcohol abuse is widespread and a person incapable of resisting non-penetrative sexual there were disturbing reports in Western Australia acts. about a big day out where a death was reported as being CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

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This legislation sends a clear message that in no The bill is a response to a 2007 report on food and drink circumstances is it appropriate to be spiking a person’s spiking by the Model Criminal Law Officers drink. It is never funny; it is always deadly serious, and Committee of the Standing Committee of it can have horrendous consequences for people. It is Attorneys-General, based on research conducted by a essential that we send a clear message to the very well respected organisation called the Australian community that this behaviour is not acceptable and Institute of Criminology. We have heard that the that we keep our young people — our young women in amendments to the Crimes Act 1958 extend the offence particular, who are the most common victims of drink of administering a drug with the intention of rendering spiking — safe in every circumstance that we can. a person incapable of providing resistance to an act of sexual penetration and to also apply to the indecent act, Mrs PEULICH (South Eastern Metropolitan) — I and to amend the Summary Offences Act 1966 to wish to add a few comments in support of the Crimes create a new offence for the spiking of another person’s Legislation Amendment (Food and Drink Spiking) Bill food or drink. 2008. As the mother of a 24-year-old who is a very keen partygoer and clubber, let me say — — Drink spiking is the covert placement of drugs, including alcohol, into a person’s drink with the aim of Mr Leane — He takes after his mother! either sedating them or incapacitating them in some way usually for the purpose of sexual assault or Mrs PEULICH — Actually my parents were far robbery. It certainly happens commonly around other more strict, Mr Leane, although I did my fair share of countries in the world as well, and many tourists have partying and clubbing. It is every mother’s nightmare found themselves at the receiving end of very cunning when the young person steps out for a good night out. con artists who often use GHB (gamma-Hydroxybutyrate) Whilst we try to raise young people to take the in order to ‘rob blind’ unwitting and unsuspecting necessary precautions and to keep an eye out on their tourists, and in particular young, unsuspecting friends — and I think there has been a good culture of travellers. that amongst young people, rarely deserting a friend and keeping an eye out on each other, with one element Drinks most commonly spiked are alcoholic drinks, but of that being the designated driver code — the prospect spiking of soft drinks, coffee, tea and hot chocolate also of having food or drink spiked always crosses my mind occurs. Alcohol obviously is the most frequently used as no doubt it crosses the minds of many parents and drug to facilitate sexual assault. It occurs when alcohol young people. is added to either a non-alcoholic or an alcoholic drink — in particular the use of shots of spirits added Whenever my son went out I always gave him a without the request of the person imbibing the liquid. warning to make sure that he never took his eyes off his drink. I encouraged him and his friends to drink Other drugs used in drink spiking — and we have heard premixed drinks. The federal government has seen fit to some very well profiled and horrific stories — are tax these drinks more heavily and therefore discourage Rohypnol, GHB and benzodiazepines. The majority of behaviours which in fact monitored or possibly reduced drink-spiking victims are young women. As was the incidence of drink spiking in clubs, pubs and the mentioned, 80 per cent of them are women; however, like. The federal government has been short-sighted on approximately 20 per cent of drink-spiking victims are this. Clearly its taxation imposition was presented as an men and, as the mother of a young male, I feel no more anti-binge drinking measure, but I think it was a very secure about what may await him than no doubt many unwise one. Hopefully it will be revisited in the future, mothers of daughters feel. Most drink spiking occurs in given the lack of any sort of sound health reason for its pubs and clubs, but drink spiking has also been known implementation. to occur at private parties, restaurants and many other locations. The crimes legislation amendment bill before us is a step in the right direction. Introducing the regime will The potential consequences of drink spiking can be provide police with an opportunity to take necessary very severe, both physically and emotionally, leaving action, although the opposition, as Mr Rich-Phillips many long-lasting scars, depending on the type of said, has concerns about how it is going to operate, additive used and the motivation of the perpetrator. The given that the new summary offence does not apply to primary risk is over-intoxication. The victim can be where a person is merely reckless and where intent incapacitated and unable to respond, behave needs to be proven. responsibly or look after themselves. It is alleged by the police that many victims suffer accidents, for example, CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

Tuesday, 3 February 2009 COUNCIL 45 with motor vehicles and so forth or as pedestrians assault services — have traditionally focused on sexual falling over and injuring themselves. assault with the presence of drugs and/or alcohol being secondary. In making it a primary offence, this Memory loss, nausea and dizziness can occur. legislation will allow those types of figures to be better Dangerous physical consequences may follow. kept. Over-depression of the brain or central nervous system leading to breathing suppression and coma are I agree with Ms Hartland that an effective education examples of that. Injury due to impaired coordination is campaign involving young people is important. Often another. Impaired judgement and behavioural there are also cultural differences in relation to what is abnormalities are also frequent. People behave in ways sexual assault and what is perhaps more aggressive that they would ordinarily not behave due to that pursuit of sexual favour. There are cultures where that incapacitation, and this is where the greatest concern is a more acceptable form of courting ritual, so I believe exists — this may also render them vulnerable to effective education programs are important. However, predators. Assault and rape are often the intention of a the onus is also on parents to raise their children with a drink spiking. full eye on the sorts of precautionary behaviours, including not imbibing too much alcohol and keeping Essentially, however, the MCLOC (Model Criminal away from drugs as a basic reduction of risk-taking Law Officers’ Committee) found that although general behaviours. offences cover spiking incidents that result in injury or death because you have an outcome, in most In closing, President, I think it is a good move, but jurisdictions there was a gap in relation to the lower end simple precautions such as, for example, never leaving of the spectrum of drink-spiking behaviour, as drinks unattended and never allowing anyone else Ms Pulford said. Importantly, MCLOC found that the access to your drink are basic rules that young people act of spiking drinks for a prank was not need to observe. Young people and their parents or comprehensively criminalised by any jurisdiction. their families should always know who the young person is going out with and make sure about the The lack of reporting of drink spiking makes it difficult company they are keeping because at the end of the to have sound statistics that I think are essential to get a day, if anything goes wrong, we need to take some handle on these types of social issues and to make sure collective responsibility. The lack of precaution when it we have effective and comprehensive strategies to comes to these potentially vulnerable situations could tackle drink spiking. have very dramatic consequences for our young people and could often destroy young lives when they need not The Australian Institute of Criminology in its report have occurred. With those few words, I commend the titled National Project on Drink Spiking — bill to the house. Investigating the Nature and Extent of Drink Spiking in Australia, emphasised that the exact rate of drink Ms TIERNEY (Western Victoria) — I am very spiking is difficult to establish, although the issue had pleased to rise to speak in support of the Crimes gained a great deal of media attention in recent times Legislation Amendment (Food and Drink Spiking) Bill due to the array of sexual assault cases involving the 2008. It is a very important piece of legislation, and it use of ‘date rape’ drugs such as Rohypnol, Valium or further demonstrates this government’s commitment to GHB, also commonly known as fantasy. protecting Victorians, particularly those who are potentially in vulnerable situations, in circumstances The Australian Institute of Technology has estimated where people are out supposedly attempting to enjoy that between July 2002 and June 2003 there were some themselves in an environment where people around 3000 to 4000 suspected drink spikings in Australia — them may want to perpetrate harm on innocent that is a large number — one-third of which involved bystanders enjoying the day or the evening. sexual assault and four out of five victims were female, as was mentioned earlier. Approximately one-third of At present there are laws in place against food and these incidents involved sexual assaults. Between 60 drink spiking in this state. However, this amendment and 70 per cent of these incidents involved no addresses a gap identified in the Model Criminal Law additional victimisation and between 15 and Officers’ Code, the MCLOC, in its final report on drink 19 suspected drink spikings occurred per and food spiking. The gap I referred to that was 100 000 persons in Australia during the same period. contained in the report is the lack of an offence for But again it is very difficult to make sure these figures spiking a person’s food or drink with the intent of are up to date and uniformly maintained. committing an indecent act, but either not playing out Victim-centred statistics — those provided by sexual CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

46 COUNCIL Tuesday, 3 February 2009 this intent for any reason or the food or drink not being reasons. For example, victims may not remember the consumed by the would-be victim. incident well enough, and they may also believe there is not enough evidence for the police to follow up the The legal purpose of the bill is twofold. Firstly, as incident. Victims often feel embarrassed and that previous speakers have outlined, it amends the Crimes somehow they might not have behaved in a way to Act 1958 to extend the offence of administering a drug protect themselves well enough against what happened with the intention of rendering a person incapable of to them. providing resistance to an act of sexual penetration to also apply to an indecent act. The second aspect is to I believe the passing of the Crimes Legislation amend the Summary Offences Act 1966 to create a new Amendment (Food and Drink Spiking) Bill 2008 will food and drink-spiking offence. provide encouragement for people to come forward and report drink and food spiking, particularly if the media The social purpose of the bill is about protecting continues to provide good and accurate coverage of this Victorians and their right to feel safe while enjoying type of proactive legislation that the government is food and drink with friends, with family or on their introducing. If we talk about it more, then people will own. In particular I believe this bill is about protecting think that it is not only common but also it can happen young women. National research conducted by the to them. If we can get that conversation going more and Australian Institute of Criminology indicates that four more among young boys and girls, then we are at least out of five drink-spiking victims are female and about teaching them to start protecting themselves and start half are under the age of 24. A disturbing one-third thinking about the issues that surround the problem. By experienced a sexual assault of some type. Food and creating a heightened sense of awareness of this offence drink spiking is an insidious act — a dysfunctional I believe it will drive down and create a lower incidence social behaviour that has increased significantly over of what I consider to be an appalling set of social time. behaviours. Hopefully it will make young people a little more circumspect about their surroundings when they When I was younger and attended parties as a teenager go out, pay attention to what their interactions are with and in my early adult life, this sort of behaviour was other individuals in their company, and think not once, certainly not common at all. It is clear from my not twice but three times when they ingest food and experience of talking with social workers, young drink. women throughout western Victoria and workers at centres against sexual assault that this has been an This amendment is important because it amends the increasing trend in recent times. A lot of it is not only to current laws to include instances where someone spikes do with heavy alcohol consumption, as we have seen another person’s drink with the intent of causing harm reported in the newspapers, but it also goes to the very but does not get the chance to carry out that intent. This heart of what we have talked about in legislation before amendment creates a punishable offence of intending to this house last year: the lack of respect that spike a person’s drink or food to carry out an indecent unfortunately seems to be part and parcel of the act, even if the indecent act is not carried out or the relationship between genders. This is incredibly food or drink is not consumed. It makes it perfectly unfortunate and particularly unfortunate when it clear that food and drink spiking is a totally happens between young men and young women who unacceptable practice, regardless of whether the drug is have not even had the opportunity to enter into mature, ingested or not. The amendment creates full protection full, loving and vibrant relationships, meaning that their under the law for all Victorians in relation to having first experience with the opposite sex is often an awful food or drink they are consuming spiked with a drug. one. I am pleased to speak on this matter and be part of a Drink and food spiking has become part and parcel of a government that is committed to protecting all typical Friday and Saturday night. It is common not Victorians, particularly young Victorians. I also concur only in Melbourne’s central business district but also in with the views that school and peer education programs Geelong, Warrnambool and smaller towns throughout in this area need to be continued and indeed ramped up. Victoria. The Australian Institute of Criminology has I was heartened by the Premier’s comments in his estimated that between July 2002 and June 2003 it statement of intent this afternoon, because the suspected that the number of incidences of drink sentiments he explored today are certainly part and spiking were between 3000 and 4000. However, it has parcel of what I consider to be a major reform agenda been suggested by the institute that this figure is this government will be carrying forward, particularly definitely an underestimation due to the fact that we when it comes to personal and interpersonal know many instances go unreported for a variety of CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

Tuesday, 3 February 2009 COUNCIL 47 relationships among younger Victorians. I commend properly, they know what the signs are, and we have to the bill to the house. make certain it is part of learning how to club responsibly and safely. Mrs COOTE (Southern Metropolitan) — I have great pleasure in speaking on this bill, yet I have some I have run a drug and alcohol forum in my electorate, caution and concern as well. My colleague Gordon and the young people have said to me that they are not Rich-Phillips put the position of the Liberal Party in a taught the nightclub protocols. They are taught about very succinct and cohesive way, so I will not go over drugs, alcohol and safe sex, but they are not taught the details that he has been through tonight, but I would about what the protocols are for nightclubbing. When like to place my concerns on the record. As this these young girls, in particular, first start nightclubbing, chamber knows, for a long time I have been very of course they will be vulnerable. concerned about alcohol-fuelled violence. We have a lot of it in and around Prahran and St Kilda and in other A huge number of very comprehensive statistics have parts of Southern Metropolitan Region. Drink spiking is been put out by the Australian Institute of Criminology. another part of this problem. It is another aspect of this It said that the exact rate cannot be ascertained due to a concerning situation and has to be looked at. I welcome number of factors — jurisdictional differences in data this bill, which is timely. It needs to be taken on board extraction and recording; and underreporting as victims and for us to have a good look at the problem and do can experience memory loss, feel scared or something about it. embarrassed after the incident, may not regain full consciousness for a couple of days, may feel it is a I would like to put on the record some of the issues that personal or trivial matter, may blame themselves or are relevant to my area. It is interesting to note the may believe there is nothing the police can do as there increase in the number of licensed venues. In is a lack of evidence. The very fact that these statistics Stonnington, for example, between 2000 and 2007 have been collected is worrying in itself. there was a 54 per cent increase in the number of licensed venues. In Boroondara the increase between Young people should not feel scared to report it or 2000 and 2007 was 80 per cent; in Port Phillip over that should have enough faith in the police to think that period there was a 51 per cent increase; in Bayside, a something constructive can be done. These are 72 per cent increase; and in Glen Eira, a 93 per cent concerns that need to be addressed as a matter or increase. I have a lot to do with the licensees and clubs urgency. It is the community’s responsibility to do in my electorate. I would like to praise the people something, and it is incumbent on all of us to make involved in the industry in Stonnington. The police, the certain that we raise this debate. Stonnington licensees, the council, the residents and the retailers all work very cohesively in an accord to try to It is interesting to note, once again from the Australian get things sorted out to avoid some of the violence. Institute of Criminology, some of the effects on a victim. Spiking can have a devastating and long-lasting The clubs have security and are very conscious of effect on a victim. In the short term it may include trying to stay within the realms of expectations. In muscle spasms and vomiting, loss of consciousness, Chapel Street the fast food outlets have caused more lack of balance or coordination, slurred speech and problems than the clubs. For example, at the fast food respiratory difficulties. But the most insidious thing for outlet KFC the hamburgers and chips have to be me is the sexual predators, the mainly men who do this handed through a grill after midnight because of the to young women to gain sexual favours. In my violence that has been perpetrated against the people in electorate it does not just involve alcohol. I remind the that venue. chamber of the hot chocolate rapist and ask members to remember the huge number of victims he targeted, People come to this area because it is a precinct. They isolated and worked on; then he spiked their hot come because they want to have a good time; they want chocolate and raped them. to be among the younger people who are there, and it is important that they have a happy and safe time while He was someone they knew; they did not expect for they are there. All of the people who are in the accord one moment that there was something untoward are striving for that to occur. But the issue of drink happening. He was involved in hundreds of cases. He spiking has to be publicised. We have to make certain lived in suburban Glen Iris. His neighbours could not that the young people know what to look for, how to believe he had been perpetrating these evil and sinister approach and deal with the issue — not just the people spiking events for a considerable time. He was also who might be intimately involved but also the people filming sexual acts. You can imagine how violated who are their friends, so they know how to report it these women felt. We have read some of the stories. He CRIMES LEGISLATION AMENDMENT (FOOD AND DRINK SPIKING) BILL

48 COUNCIL Tuesday, 3 February 2009 was someone the people knew, and he got away with it This bill is not designed to include someone who has for so long. Many members in the chamber tonight inadvertently put too much vodka in the punch and have daughters, granddaughters, sisters or nieces. We caused people to overindulge, because in that instance are all worried about what might happen to them. We there is no intention to harm. It is about people want them all to go out and have safe and happy times intentionally drugging others without their knowledge. I at nightclubs. We want them to enjoy themselves and to commend the bill to the house. be able to be young, but how do we warn them about someone like the hot chocolate rapist? How do you tell Mr ELASMAR (Northern Metropolitan) — I rise to your children that it is something they need to look at? contribute to and support the proposed amendments. As It is extremely difficult. The fact we are debating it here a parent, I can think of nothing worse than a child or tonight is very important. young person having their food or drink spiked with alcohol or drugs without their consent or knowledge. The amendments in the bill are to the Crimes Act 1958. Too often we read in our newspapers or watch on the Clause 3 inserts a new subsection into section 53 of that nightly television news reports of cases where young act to provide that a person must not administer a drug, people have had their drinks adulterated by some date matter or thing to a person or cause a drug, matter or rape drug. These drugs have the effect of lowering thing to be taken by a person with the intention of resistance to sexual advances. These drugs can not only rendering that person incapable of resistance and cause heartache but they can also be very dangerous to thereby enabling him, her or another person to commit the victim’s health. In some severe cases of overdosing or in any way be party to the commission of an indecent or allergic reaction they can even result in injury or act with that person. death.

The spirit of this bill is right. It is a debate that we as a This bill delivers on the government’s commitment to community must have. It is our responsibility and is reforming the law relating to food and drink spiking. imperative upon us as legislators, parents, friends, The aim is to provide protection, particularly for young sisters and aunts to get this out into the community. On people, against harm and sexual assault. Some young that note, I will cease my contribution. I believe the bill people out for a social night on the town have been is something worthwhile. It is something about which known to secretly spike their friends’ drinks just for we all need to debate out there, and I thank the house. laughs. The consequences of these actions are not funny. Often they can result in serious car accidents. Mr LEANE (Eastern Metropolitan) — I wish to Accordingly, this bill creates an offence where a person make a very brief contribution to the Crimes gives another person, or causes another person to be Legislation Amendment (Food and Drink Spiking) Bill given or to consume, food or drink that is spiked, 2008. Sometimes when we rise in this place to speak, knows that the victim is not aware or is reckless as to we say we are pleased to speak, but I agree with the whether the victim is aware that the food or drink is sentiments expressed by Ms Hartland and Ms Tierney spiked, and intends the victim to be harmed by the in that it is a shame that this phenomenon has come up consumption of the food or drink. The bill proposes a in this generation. I want to echo what they said. People maximum penalty for this offence of two years in my generation, especially young women, could go imprisonment. out and not have to worry about people having to mind their drinks, as Ms Hartland said, or someone spiking I believe it is very difficult for us to know how many their food or drink without their knowing or perhaps times this happens and exactly how many victims are assaulting them in a most heinous way. out there. We know that it is underreported to the authorities, and we know that women and girls are the I take note of the statistics referred to by Ms Tierney. main victims. We as a government have a duty to Research indicates that four of every five victims of protect our citizens — particularly our children. This drink spiking are female, and half of them are under the bill will make the criminals and the irresponsible idiots age of 24 years. I have two daughters, who are aged 21 think twice about having some ‘fun’ at the expense of and 23 years, and those statistics drive home to me the some unsuspecting person. It is not funny, and this bill concern of parents about this new phenomenon. I recognises that fact. I commend the bill to the house. commend this bill to the house. Drugging someone on purpose without their knowledge, especially to take Motion agreed to. advantage of them, is a disgrace. That is why it is important that there be an amendment to the Crimes Read second time. Act relating to sexual assault, not just to sexual penetration. RESOURCES INDUSTRY LEGISLATION AMENDMENT BILL

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Third reading maintenance. The loss of trainers at this venue will impact severely on local businesses which supply them Hon. J. M. MADDEN (Minister for Planning) — with feed and other supplies. This loss of trade will By leave, I move: apply to every country community affected by these changes. The Mansfield community expects to lose at That the bill be now read a third time. least 15 to 20 direct jobs as a result of the loss of the In doing so, I thank members of the chamber for their training facility. The Benalla Racing Club is set to lose contributions. around $127 000 in funding and from losing two race meetings. The loss of this facility could force Motion agreed to. 32 trainers out of the industry and cost many more jobs in the local community. Read third time. Tatura and Shepparton racing clubs are set to lose $120 000 in funding. There are currently 25 trainers at RESOURCES INDUSTRY LEGISLATION Tatura, and it is expected that 50 jobs would be lost due AMENDMENT BILL to the closure. Downgrading of race tracks and the closure of training venues will have a significant Introduction and first reading economic impact on country Victoria, including the Received from Assembly. loss of jobs, loss of income to feed suppliers and other suppliers, reduced spending in local shops, fewer Read first time for Hon. M. P. PAKULA (Minister children at local schools and fewer jobs for teachers. for Industry and Trade) on motion of Hon. J. M. Madden. Unlike metropolitan racing, country racing is not the sport of kings. Country race clubs are vital for the Business interrupted pursuant to standing orders. industry. They are training grounds for young jockeys and lesser known thoroughbred horses, and they are also often the first point of contact where young ADJOURNMENT racegoers develop a love of the sport.

The PRESIDENT — Order! The question is: The proposal is that a further eight tracks in my electorate will lose meetings. Merton and Yea are listed That the house do now adjourn. as tracks at risk, and Bendigo and Benalla are listed as Racing: regional and rural Victoria clubs at risk due to sustainability concerns. Many smaller venues like Merton rely heavily on their annual Ms LOVELL (Northern Victoria) — The matter I race meeting to raise funding for sporting clubs, the wish to raise is for the attention of the Minister for local fire brigade, Landcare and other community Racing regarding the proposed changes to country groups. Merton may have been able to survive the loss racing. My request of the minister is for him to preserve of the $12 500 in track funding if it were not for the the future of country racing and country communities proposed requirement that it must maintain $50 000 in a by ensuring that not one country horse training facility cash asset. This requirement will see an end to racing in is closed down and that all current race meetings are Merton. retained. Proposed changes announced just before The changes to country racing are expected to save the Christmas include the closure of 19 training facilities government just $2 million, which will be transferred to and the loss of 51 race meetings, including training metropolitan clubs. This amount is just a sliver of the centres in my electorate at Tatura, Benalla, Mansfield, Kerang, Yarra Valley and Warracknabeal. From 2010, money country racing brings into rural and regional communities. The minister must preserve the future of trainers at these centres will be asked to relocate to country racing and country communities by ensuring larger training venues, in some cases more than that not one country horse training facility is closed 100 kilometres away, without any compensation. There down and that all current race meetings are retained. is no doubt that many trainers will be unable to relocate and will be forced to leave the industry. Otway Basin: carbon storage I would like to outline what that will mean for some of Mr VOGELS (Western Victoria) — I raise an issue the communities in my electorate. The proposed for the minister responsible for the infrastructure changes threaten to remove $43 000 of funding department, but I am not sure which minister that is. I allocated to Mansfield District Racing Club for track ADJOURNMENT

50 COUNCIL Tuesday, 3 February 2009 have asked, but I am not sure whether it is John for grass seed, power harrowing’, and so on, ‘to repair Lenders, Justin Madden or Martin Pakula, because they the property after the CO2 plant was being built and all seem to have something to do with it. It concerns an upgraded’, for $2048, in April 2008. There is yet issue that surrounds the Otway Basin carbon capture another invoice for $1328.80 for ‘gravel for south-side and storage project at Nirranda. We all understand the gateways that were dug during the laying of pipelines, importance of this project, which is trialling the carbon for gravel and cartage’. sequestration of greenhouse gas underground where the CO2 can be stored safely rather than polluting the The action I seek from the minister is to ensure that atmosphere. Mr Parsons is reimbursed for the costs accumulated due to the siting of this facility on his property. Surely that Mr Viney — On a point of order, President, is not too much to expect when you have some of your Mr Vogels said in his opening remarks the responsible property acquired for this world-breaking technology. minister might be one of three ministers. The member needs to specify which minister he is directing the Schools: Netbook project adjournment matter to. Ms BROAD (Northern Victoria) — My Mr VOGELS — It is to the minister responsible for adjournment matter is for the attention of the Minister what was called the department of infrastructure, and so for Education, Bronwyn Pike. To mark the start of the far I have not been able to find out who that is. I asked 2009 school year yesterday, the Premier and the the Leader of the Government, and he said, ‘I am Minister for Education launched a new three-year trial responsible for certain parts of infrastructure, and of mobile mini Netbook computers, called the Netbook Martin Pakula is responsible for certain parts’. project.

The PRESIDENT — Order! I am advised that This project is a further action and demonstration by the Mr Vogels has to name the minister. Brumby Labor government to make sure Victorian government school students remain at the forefront of Mr VOGELS — I am happy to refer my matter to the technological revolution. The Brumby government Mr Batchelor, the Minister for Energy and Resources. is investing more than $142 million every year on Along with the minister, federal minister Martin information and communication technologies. Almost Ferguson, and many other dignitaries, I went to the 10 000 schoolchildren will receive Netbook computers opening of this plant. Governments of all persuasions, through the Netbook project, one of the nation’s most both Labor and Liberal, agree that the technology could exciting educational programs. be the answer to solving CO2 emissions from our coal-fired power stations. Portable computers called Netbooks weigh just over 1 kilogram and fit easily into a school bag. I am told It therefore disappoints me that I have to raise this issue that loaded with the software students need, and backed on behalf of Peter Parsons, the owner of the property up with in-school technical support, the Netbooks will where the plant to trial geosequestration has been built. give participating students the tools to learn in a digital Mr Parsons received a letter from the then Department age. As well as that, wireless internet access will be of Infrastructure, dated 13 July 2007, which says: available at school, and Netbooks will also be used at home with or without internet access. The best part is On 19 June 2007 the Minister for Planning identified your client’s property as ‘Special Project Land’ for the Otway that families participating in the Netbook project will Basin Carbon Capture and Storage Project, by placing a lease a wireless-enabled computer for their child for Gazettal Notice in the Government Gazette, No. S 131. just $52 a year, the equivalent of $1 a week.

Attached is the Notice of Acquisition, Offer of Compensation The action I seek from the minister is to require her and Plans identifying those parts of your client’s property the Secretary to the Department of Infrastructure … has acquired department to expedite delivery of mini Netbook together with other statutory notices and forms setting out computers to schools in my electorate of Northern what is required under the Land Acquisition and Victoria Region. Some 136 schools are to benefit from Compensation Act … this project in Northern Victoria Region, including schools in Mildura, Merbein, Red Cliffs, Ouyen, Mr Parsons informs me that he is owed more than Murrayville, Irymple, Robinvale, Walpeup, Swan Hill, $5000 for the works carried out in connection with this Kerang and Pyramid Hill, as well as all of the other project. Mr Parsons has provided invoices. There is an 136 schools to benefit in the Loddon Mallee region. invoice dated 5 March 2008 for ‘fence repairs after damage done by CO2 workers for materials and labour’ for $1640. Another invoice is for ‘spraying Roundup, ADJOURNMENT

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I take this opportunity to congratulate the Premier and Mr O’Donohue — Further on the point of order, the minister on Labor’s actions to continue standing up President — — for families and providing the benefits of a modern education to families no matter who they are or where The PRESIDENT — Order! I advise the house that they live. I stand corrected and that Mr Davis was correct. Nursing homes: air conditioning Mr P. DAVIS — Thank you, President. I wonder if I could seek your indulgence and wind the clock back Mr P. DAVIS (Eastern Victoria) — I raise a matter to where I started? for the attention of the Minister for Senior Victorians. The PRESIDENT — Order! I will let Mr Davis The PRESIDENT — Order! The member must finish: just keep going. name the minister. Mr P. DAVIS — Thank you, President; it is very Mr P. DAVIS — I said, ‘The Minister for Senior gracious of you. The matter I raised for the Minister for Victorians’. Senior Victorians relates to a constituent whose mother lives at the Domain nursing home at Sale. The family The PRESIDENT — Order! I am advised that removed her from the home for the course of last members should actually name the minister. week’s heatwave because of health concerns. I know the woman involved. She is an elderly woman with a Mr P. DAVIS — The minister is Lisa Neville, but frail constitution, and I can well imagine that the heat of this is new procedure to me. last week would have been intolerable for her. The home is operated by Domain Aged Care, which is The PRESIDENT — Order! My advice is that based in Brisbane and has 16 facilities in Victoria and members have to name the minister. Queensland. It has an air-conditioning system installed, Mr P. DAVIS — On a point of order, President, but the system has apparently not functioned for two before we go any further — and it is unusual to do this years for want of a spare part replacement. while I am speaking — you have given advice from the The situation exposes a gap in commonwealth and state chair in relation to the procedure on the adjournment, legislation and guidelines for the construction of aged which is an entirely new procedure to that which has care facilities. been followed here in all the time that I have been in the Parliament, and I have been in the Parliament for a The Victorian Health Services Act says: considerably longer time than the President incumbent in the chair. … residents should be provided with a sufficient level of nutrition, warmth, clothing and shelter in a homelike The procedures under our guidelines have been to name environment. the minister responsible. The minister in the house who, It emphasises ‘homelike environment’. What would under this government, by delegation is dealing with appear to be the latest building guidelines of Human matters relating to the adjournment debate, takes the Services Victoria, published in 1999, makes two points: matter on notice and refers it to the minister responsible. Air conditioning should be considered for group areas … The point I make is simply that we have always named and: the title of the minister, not the name of the minister. Air conditioning should be considered for the entire facility The PRESIDENT — Order! The fact is that in a where climatic conditions require it — ruling of the President of 7 October 2003 under So it ‘should be considered’, but is not mandatory. In ‘Technique for raising matters’ it is stated that: extreme conditions of both heat and cold a primary The following four stage process should be used — health care concern is for the impact on the elderly. Many lives are lost in climatic extremes, and there have indicate the minister to whom the matter is being been reports that as many as 30 people died in Victoria directed … during last week’s extreme heat. I would suppose that That, I think by any stretch, means the minister by the majority of those would have been elderly people. name. Clearly air conditioning is an obvious precaution, Honourable members interjecting. particularly for the elderly. It is intolerable that families ADJOURNMENT

52 COUNCIL Tuesday, 3 February 2009 of elderly citizens who put their loved ones into aged penalty is $10 000 for each breach, and the premises care homes presuming that they will be properly cared can be closed indefinitely or until the maintenance for find, almost by accident, that either the homes are items have been rectified. not adequately maintained or that the engineering is simply unsatisfactory. The added cost of installing fire services, especially 24-hour, seven-day-a-week emergency exit signs that This is a glaring gap in the way that senior citizens are are lit and other power requirements in many isolated cared for in Victoria. I would ask that the Minister for rural meeting places that do not necessarily have Senior Victorians take action to ensure that proper care electricity, means that smaller churches and sporting, by way of cooling arrangements is in place for elderly cultural and other non-profit community groups will be citizens in this state. hit hard by this new cost burden that may threaten their very existence. This new level of red tape is seen by Planning: fire regulations compliance many as a deliberate ploy by the Brumby government to shut down older not-for-profit community meeting Mr KOCH (Western Victoria) — My matter is for places. the Minister for Planning, who is at the table, and concerns the obligations of non-profit community My request is for the minister to grant these groups an groups and organisations to comply with new essential exemption from having to pay the high cost of safety measures for buildings constructed before June complying with these new, onerous and needless 1994. These measures include all traditional building regulatory requirements. fire services such as sprinklers, firefighting equipment, fire doors, fire rating of structures, smoke detectors, Parks: Kilsyth South retarding basin emergency lighting and permanently lit exit signs. Mr O’DONOHUE (Eastern Victoria) — I raise a Maintaining essential safety measures is necessary to matter for the attention of the Minister for Water, the ensure they are operational, particularly in the event of Honourable Tim Holding. It relates to the Liverpool a fire within an occupied building. A professionally Road retarding basin. This is land that is owned by prepared report is required to record evidence of Melbourne Water but has been used as a public park for maintenance and compliance with safety measures for approximately 40 years. The park is located in Kilsyth the buildings. Until now, these regulations applied only South and is a focal point for that broader community to buildings constructed after 1 June 1994, but as a for recreation, particularly with dogs. Dogs and other consequence of the amended Victorian Building pets have always been allowed in the park, and it is Regulations of 2006 there is now an obligation to very popular with people who have dogs and wish to prepare an annual essential safety measures report for walk them or let them have a swim. all buildings used for public purposes. People in the community who use this facility are most Many older buildings used infrequently by non-profit concerned that Melbourne Water has a plan to community groups, particularly in country towns and effectively remove people and their pets from the park. isolated areas, do not have any fire services installed. Melbourne Water has done a study and, in its words, These buildings will now need to be inspected for their consulted with stakeholders, which to my maintenance and compliance with safety measures. All understanding only included adjoining landowners. On non-residential buildings used by community and the basis of that study and the work they have done, non-profit groups are required to be inspected and have Melbourne Water officers decided to remove some of an annual essential safety measures report prepared by the amenities in the park, including seating, a rotunda 13 June of each year, with the first report due before and a pier to access the lake on the site. They did this 13 June 2009. last December. Many of the local residents fear that in a short time they will no longer be able to use the park at I am advised by a church secretary representing small all. Melbourne Water cites the environmental value of congregations in outlying places of worship in western the park and the need for the retarding basin for flood Victoria that a professional inspection and report will mitigation purposes as its primary reason for existence, cost approximately $1200 for their three properties. If but notwithstanding these concerns, surely the needs an inspection is not undertaken or the services are not and interests of the people who wish to use the park for properly maintained, the municipal building surveyor or recreation and exercise should be considered, chief fire officer can issue a building notice to rectify particularly in these times when getting people to outstanding items or issue a fine of up to $1000 in the exercise is becoming more and more difficult. first instance. For continuing non-compliance the ADJOURNMENT

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I congratulate Karen Martin and members of the new vastly depleted, is a lovely place to visit. There are still committee that has been formed to advocate for the places for fishing, boating and leisurely walks, and retention of the Liverpool Road retarding basin as a there are the Tallarook and Mount Disappointment state public park. forests — perfect for bushwalking, picnicking, horseriding and scenic drives. You can also discover The action I seek from the minister is that he direct Trawool Valley, which is heritage listed for its scenic Melbourne Water to retain the Liverpool Road beauty, and it does not take long to discover why. The retarding basin as a public park with public access, list goes on. including for pets, in the future, to manage this access with the environmental concerns that have been The action I seek from the minister is that he explain identified and to reinstate the amenities that were why the Mitchell shire’s attractions have not been erroneously removed in December 2008 so that users mentioned in his action plan and that he seek to remedy have access to the park and the benefit of the amenities what I am sure is an oversight. necessary to enjoy it to its full potential. Metropolitan Fire Brigade: Footscray station Tourism: Mitchell shire Ms HARTLAND (Western Metropolitan) — My Mrs PETROVICH (Northern Victoria) — My adjournment matter is addressed to the Minister for adjournment matter today is for the Minister for Police and Emergency Services and is in regard to the Tourism and Major Events and concerns his regional recent refurbishment and upgrade of the Footscray fire tourism action plan, which was released just prior to station in Droop Street, Footscray. The United Christmas. In these difficult economic times, Firefighters Union has documented its concerns about particularly in regional Victoria, any action plan to the inefficient spending of public money and the major assist vital sectors of the community such as tourism flaws in the upgrade of this station. operators is welcome. However, I wonder just how much of the state our tourism minister has actually On 15 January I attended a community meeting at the visited himself. Has he stepped out of his city pad and Footscray fire station. The purpose of the meeting was experienced country life and all it has to offer? I do not to highlight the flaws in the recent refurbishment. There think so. In his action plan he seems to have lost a lot of are many problems, but I will highlight only a few. The the state. There are large chunks of his jigsaw fire station’s ladder platform vehicle now has to be missing — not least the area where my office is located. stationed 11 kilometres away in Deer Park because the Not one attraction from the Mitchell shire got a rear entrance driveway is too narrow since the mention. Once again it appears that the member for renovation. This has significant implications for Seymour in the Assembly has failed to deliver for his response times. Firefighters were previously located on electorate. Kilmore, where my office is located, is the the ground floor but have been moved to the third floor, oldest inland town in Victoria, but it does not get a so they have to navigate three flights of stairs when mention. Nor does Seymour, which is home to some of responding to an emergency. It must be remembered Australia’s most prestigious thoroughbred studs, not to that they have only 90 seconds to leave their quarters mention wineries. and be on the truck.

The Mitchell shire does not fit into any of the regions. The refurbishment prevents access by members of the The regions mentioned are: the Yarra Valley and community who have a disability. Lectures are Dandenong Ranges; the Mornington Peninsula; delivered in the community lecture room, which is Daylesford and the Macedon Ranges; Phillip Island; the located on the third floor and can only be accessed via Great Ocean Road; Goldfields; Grampians; High five flights of stairs. A lift features in the official plans Country; Gippsland; and the Murray. None of these that were submitted and endorsed by council in comes close to encompassing the Mitchell shire. In planning permit TPO5/4099, but there is no lift and no close proximity to Melbourne, it is a perfect destination lift shaft. This appears to undermine the Metropolitan for a day’s outing or stop-off, and yet it has no place in Fire and Emergency Services Board disability action the Victorian government’s regional tourism plan. plan, which was launched in December 2008.

Apart from superb food and wine or a day at the races, There seems to be a pattern emerging within the there is a wealth of other activities that should be MFESB regarding refurbishment or upgrading of its supported by this government. They include the facilities, such as at Footscray and the Burnley training Bylands tramway museum, the tank museum at centre, which cannot be used because of contamination Puckapunyal and the Goulburn River, which, although and major faults on the site. The action I request is that ADJOURNMENT

54 COUNCIL Tuesday, 3 February 2009 the minister visit Footscray fire station to talk with staff currently a disparity among Melbourne suburbs with there, observe the problems they are confronting and regard to acceptable noise levels from freeways. An then explain how he will rectify this unsatisfactory example of this was in September 2008, when the situation. Brumby government announced the imminent opening of a new 3.5-kilometre outbound lane on the Monash City of Wyndham: election Freeway between Forster Road and Warrigal Road as part of its $1.39 billion M1 upgrade. VicRoads told Mr FINN (Western Metropolitan) — I wish to raise residents that noise generated by motor vehicles after a matter for the attention of the Minister for Local the road expansion would exceed the former Brumby Government, Mr Richard Wynne. It concerns the government’s noise cap of 63 decibels, so it would be aftermath of the Wyndham City Council elections in replaced by a new cap of 68 decibels. November last year. It has been reported that this 5 decibel increase will In raising this matter I congratulate the newly elected result in freeway noise being 30 per cent louder. The mayor of Wyndham, Cr Shane Bourke. This is not the Boroondara City Council is particularly concerned first time that Cr Bourke has been mayor, but he has the about this and former mayor Coral Ross wrote to me mantle again and I am sure he will do an extremely with her concerns. She said in disgust that the good job, as he always has in the past. The results of the government was neglecting her community and that election last year saw for the first time, in my despite numerous representations to government understanding, a non-Labor majority elected to the ministers, the state government continued to be council. This caused great consternation among some in unwilling to address this issue. She went on to ask for the Wyndham community. In one ward Cr Glenn my assistance in persuading the Brumby Government Goodfellow had a surprise victory when he defeated to implement a sensible, responsible and equitable Cr Leigh Barrett. What was even more surprising was outcome for the residents of Boroondara. that Cr Barrett then lodged a protest with the Victorian Electoral Commission. I am very pleased to say that A lot of research has been done on freeway noise. The protest was just today dismissed. Mr Barrett is perfectly World Health Organisation (WHO) has done some entitled to lodge a protest; that is the right of every extensive research into this area and has come up with candidate in every election. What is of particular some quite surprising results. It conducted a study in interest in this regard is that just before the defeated Austria which showed that an exposure to noise over councillor lodged the protest he let slip to the local 65 decibels by day led to an increase in cardiovascular newspapers that he was lodging his protest at the urging disease. It also looked at a study undertaken in the of the member for Tarneit in the Assembly, the Tyrol region of Austria consisting of 12 800 children Minister for Roads and Ports, Tim Pallas. being exposed to between 50 and 60 decibels of noise — keep in mind that the Brumby government has This leads to the serious question of what role Mr Pallas said that 68 decibels is acceptable for the people of and his office played in this election, the goings-on Boroondara. The result of the WHO study in the Tyrol after the election and the counting of votes. I ask was that these children had learning problems, sleeping Minister Wynne to investigate the involvement of his difficulties, a rise in stress hormones and a rise in ministerial colleague in this election and in particular cardiovascular disease. So we have a number of any undue influence that may have come from the problems here. office of the member for Tarneit and any illegality which may have occurred as a result of any undue On the Monash Freeway between High Street and influence exerted by Mr Pallas in this regard. I ask the Burke Road, Glen Iris, southbound traffic between minister to hold this inquiry as soon as is humanly 7.00 a.m. and 9.00 a.m. is projected to increase 63 per possible and to report back to the Parliament so that the cent, from 10 300 to 16 800, by 2011. Members can people of Wyndham can be assured that everything has imagine what the increase in decibels is going to be. been done to protect their rights as voters in a council The action I am seeking is for the minister to work, as a election. matter of urgency, with the City of Boroondara council and implement measures in regard to maximum Monash Freeway: noise barriers freeway noise levels that are in keeping with the desires of the community. Mrs COOTE (Southern Metropolitan) — My adjournment matter tonight is for the Minister for Roads and Ports and is in regard to the issue of freeway noise levels in the city of Boroondara. There is ADJOURNMENT

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Responses Bernie Finn raised a matter of the City of Wyndham elections. I am happy to refer that to the Minister for Hon. J. M. MADDEN (Minister for Planning) — Local Government. Wendy Lovell raised the matter of horse training facilities and race meetings in country Victoria, and I Andrea Coote raised a matter of freeway noise barriers, will refer this to the Minister for Racing. and I am happy to refer that to the Minister for Roads and Ports. John Vogels raised the matter of the Otway Basin and carbon capture project near Nirranda and the associated Before members spring to their feet, I have written costs of a particular land-holder, and I will refer this to responses to adjournment debate matters raised the Minister for Energy and Resources. between 9 April and 4 December 2008. I have, in total, 80 government responses for tabling. Candy Broad raised the matter of notebook computers throughout the Loddon Mallee region in her electorate, Mr P. Davis — On a point of order, President, not and I will refer this to the Minister for Education. having been presented with any of the responses I am seeking tonight, I give the minister the courtesy of Philip Davis raised the matter of health service indicating that I may be doubling up here, but I cannot accommodation and cooling for senior Victorians, and I help but bring to the attention of the house that on eight will refer this to the Minister for Senior Victorians. adjournment issues outstanding, dating as far back as this time last year — on which reminder letters have David Koch raised a matter for me about safety been sent on more than one occasion to the ministers measures and maintenance audits required for buildings responsible, and which I have raised in the house for public use. I am happy to take that one on notice. If previously — I am now seeking under sessional orders he would provide me with some of that detail, I can get an explanation as to why responses have not been the Building Commission to provide me with provided to matters raised on certain dates. information as to whether that is an overly strict interpretation of the regulations provided or whether They are: 5 February, to the Minister for Public that is accurate and needs to be addressed in a way Transport, regarding rail services on the Gippsland line; which is sympathetic to the needs of those 11 June, to the Minister for Regional and Rural communities. Sometimes the advice that some of these Development, regarding Mallacoota community centre; communities get is an overly strict interpretation of 12 June, to the Minister for Regional and Rural certain regulations by consultants who may take a Development, regarding regional and rural Victoria cautious approach to them. I am happy to provide tourism initiatives; 9 September, to the Minister for clarity through the Building Commission on those Public Transport, regarding the rail level crossing at matters for Mr Koch and the specific group that he Lindenow South; 7 October, to the Minister for mentioned. I am also conscious of the broader issues Agriculture, regarding the Melbourne Wholesale Fish for associated buildings throughout isolated Market closure; 15 October, to the Minister for Public communities in regional and rural Victoria. Transport, regarding the bus service to Buchan; 28 October, to the Minister for Senior Victorians, Edward O’Donohue raised the matter of the Liverpool regarding rail travel for senior Victorians; 30 October, Road retarding basin in Kilsyth South and of public to the Minister for Health, regarding Box Hill Hospital access to it, particularly for those with pets and dogs, patient services. and I am happy to refer this to the Minister for Water. On several of these matters, I have received responses Donna Petrovich raised a matter relating to the regional by way of letters from ministers — on Gippsland line tourism action plan in the Mitchell shire and its relative rail services, Lindenow South level crossing and the attractions, and I will refer this to the Minister for Buchan bus service. However, on most I have had no Tourism. reply at all. The sessional orders specifically require that responses be provided to the house for Colleen Hartland raised the matter of the Footscray fire incorporation in Hansard as a matter of public record, station and the difficulties of the particular works at the as distinct from simply a minister writing to a member fire station. I understand it has been certified for use in outside the chamber, so there are a number of issues compliance with the building code, but if there are other outstanding on which I am seeking the government to issues relating to the servicing or use of that building, I provide a proper explanation. I would be satisfied if that am happy to refer that to the Minister for Police and explanation was forthcoming on notice later this week, Emergency Services. because there are other steps that I can take, as a ADJOURNMENT

56 COUNCIL Tuesday, 3 February 2009 frustrated member, in relation to sessional orders on these matters, and I guess I will have no choice but to do so.

The PRESIDENT — Order! Before I ask the minister if he is able to assist Mr Philip Davis this evening I would remind the minister and his colleagues that paragraph (2) in the ‘Responses to matters raised on the daily adjournment debate’ in the sessional orders states:

When a response is provided in writing, before the daily adjournment debate is concluded, a minister will advise the Council of the responses being provided, including the date the matter was raised and the name of the member who raised the matter. This is a standard, if you like, that has tended to slip. Is the minister able to help?

Hon. J. M. MADDEN — In the only responses I have listed here, there are maybe five or half a dozen which are directed specifically to Mr Davis. I hope they may be the responses he is seeking. I am happy to take up those matters with those who link up with ministers in the other chamber, and I am happy to have them seek to provide the member with those respective answers as quickly as possible.

Mr P. Davis — I am grateful for the response, and I want to reiterate, in case the point was missed, that — —

The PRESIDENT — Order! Is Mr Davis raising a point of order?

Mr P. Davis — On a point of order, President, it is in relation to ministers thinking they are responding appropriately by writing to me; the point of the adjournment debate and the sessional orders is that that response needs to be incorporated in Hansard, not through a private letter to the member.

Hon. J. M. MADDEN — The point is taken, and I am happy to relay that to my colleagues.

The PRESIDENT — Order! The house now stands adjourned.

House adjourned 10.42 p.m. JOINT SITTING OF PARLIAMENT

Tuesday, 3 February 2009 COUNCIL 57

Tuesday, 3 February 2009 That Ms Jennifer Huppert be chosen to occupy the vacant seat in the Legislative Council. She is willing to accept the appointment, if chosen. In JOINT SITTING OF PARLIAMENT order to satisfy the joint sitting as to the requirements of section 27(4) of the Constitution Act 1975, I also advise Legislative Council vacancy the house that the nominee is the selection of the Honourable members of both houses met in Australian Labor Party, the party previously Assembly chamber at 6.19 p.m. represented in the Legislative Council by Mr Thornley.

The Clerk — Before proceeding with the business Mr BAILLIEU (Leader of the Opposition) — I of this joint sitting it will be necessary to appoint a second the proposal. Chair. I call the Premier. The PRESIDENT — Are there any further Mr BRUMBY (Premier) — I move: proposals?

That the Honourable Robert Smith, President of the As there are no further nominations, I declare that Legislative Council, be appointed Chair of this joint sitting. nominations are closed.

He is willing to accept the nomination. Motion agreed to.

The Clerk — Are there any other proposals? The PRESIDENT — I declare that Ms Jennifer Huppert has been chosen to occupy the vacant seat in There being no other proposal, the Honourable Robert the Legislative Council. I will advise the Governor Smith, President of the Legislative Council, will take accordingly. the chair. I now declare the joint sitting closed. The PRESIDENT — I draw the attention of honourable members to the extracts from the Proceedings terminated 6.22 p.m. Constitution Act 1975 which have been circulated. It will be noted that the various provisions require that the joint sitting be conducted in accordance with rules adopted for the purpose by members present at the sitting. The first procedure, therefore, will be the adoption of the rules.

Mr BRUMBY (Premier) — I desire to submit the rules of procedure which are in the hands of honourable members, and I accordingly move:

That these rules be the rules of procedure for this joint sitting. Mr BAILLIEU (Leader of the Opposition) — I second the motion.

Motion agreed to.

Mr Ingram — On a point of order, President, I would like to have my dissent recorded in relation to the process of filling casual vacancies.

The PRESIDENT — It is recorded.

The rules having been adopted, I now invite proposals from members for a person to occupy the vacant seat in the Legislative Council.

Mr BRUMBY (Premier) — I propose:

58 COUNCIL

ACTING PRESIDENTS

Wednesday, 4 February 2009 COUNCIL 59

Wednesday, 4 February 2009 MEMBERS STATEMENTS

The PRESIDENT (Hon. R. F Smith) took the chair Bushfires: north–south pipeline construction at 9.33 a.m. and read the prayer. Ms LOVELL (Northern Victoria) — I wish to draw Mr Guy — I raise a point of order, President, to the attention of the house the Brumby government’s although it is more a point of clarification. I note that total disregard for the safety and the livelihoods of page 7 of Daily Hansard shows that I was suspended country Victorians, which was demonstrated over the from the house for 30 minutes. Unless I was suspended past few weeks through the government’s haste to in absentia, I seek to correct the record to show that I construct the north–south pipeline. Over the past few was not suspended from the house for 30 minutes. weeks northern Victorian has sweltered in record heat and endured a number of total fire ban days. The PRESIDENT — Order! Mr Guy is indeed in credit, and I am sure we can make the appropriate This January marked the 40th anniversary of the amendment to Hansard. horrific Lara fires. A lesser known fact is that on the same day Yea also suffered horrendous bushfires. While members of the Yea community quietly marked ACTING PRESIDENTS the 40th anniversary of that day, all through the heatwave and the days of total fire ban the Sugarloaf The PRESIDENT laid on table warrant nominating Alliance continued to weld and to slash dry grass. This Ms Pulford and Mr Eideh to act as acting presidents action not only showed complete disregard for the whenever requested to do so by the President or sensitivity of the 40th anniversary of the Yea fires, but Deputy President. it also placed the community at great risk. Just last week the slashing of grass caused a major fire on the PUBLIC ACCOUNTS AND ESTIMATES Merton–Mansfield road. These activities on total fire ban days are dangerous and should not be allowed to COMMITTEE continue.

Membership Other industries in northern Victoria that requested The PRESIDENT — Order! I have a letter from leave to weld on total fire ban days were denied that Mr Pakula, which I will read to the house: opportunity, but the Sugarloaf Alliance, in the government’s haste to construct this horrific pipeline, I write to formally tender my resignation from the Public was allowed to continue to weld and to show disregard Accounts and Estimates Committee of the Parliament of for the community and the safety of people in northern Victoria. Victoria. Public transport: advertising standards ANNUAL STATEMENT OF GOVERNMENT INTENTIONS Ms HARTLAND (Western Metropolitan) — Atheists in Britain recently raised money from public Mr LENDERS (Treasurer) — By leave, I move: donations to put advertisements on 800 buses, saying, That there be laid before this house a copy of the annual ‘There’s probably no God. Now stop worrying and statement of government intentions for 2009. enjoy your life’. Thunderbolts from heaven did not strike the London bus system. All that happened was a Motion agreed to. rash of good jokes such as, ‘You wait your whole life for an atheist bus, then 800 come along at once’. In the Laid on table. USA atheists raised money through public donations to Ordered to be considered next day on motion of put ads on transport telling people to ‘Be good for Mr LENDERS (Treasurer). goodness sake’. But in Australia the proposed Atheist Foundation ads AUDITOR-GENERAL were refused by advertising company APN Outdoors, which manages advertisements on our public transport Literacy and Numeracy Achievement system. The Atheist Foundation proposed an advertisement saying, ‘Atheism: sleep in on Sundays’. The Clerk presented report. This is a nice bit of larrikin humour, and to my mind it MEMBERS STATEMENTS

60 COUNCIL Wednesday, 4 February 2009 is harmless. If the foundation had wanted to challenge Last year the Minister for Racing, Mr Hulls, took away people’s faith, it could have pointed out the horror of 28 country race meetings. This draft will remove religious wars or the sexist treatment of women by another 51 race meetings, making 79 in total, not to many religions. As a Christian whose beliefs are based mention the loss of the all-important TAB status for on humanitarianism and compassion, I am more many other country clubs and meetings. offended by ads that sell commercialism than those that sell atheism. The Camperdown Cup race meeting was one of the race days that lost TAB status. Only nine months ago If atheism ads took the place of the billboards telling us Minister Hulls visited the Camperdown Turf Club to to buy, buy, buy, then our streets would be a better announce that Heritage Victoria was providing place, and I would not care if the train I was on had $200 000 towards the restoration of the grandstand, and these ads and was pulled by the four horsemen of the stated that the stand should be restored so that racegoers apocalypse, as long the trains were running on time in can view the races from this magnificent building. hot weather. What hypocrisy! Goulburn Valley Health: funding The Victorian Liberal-Nationals coalition strongly supports country racing and country training centres Ms DARVENIZA (Northern Victoria) — I want to which are earmarked for closure by the Brumby Labor take this opportunity to say how pleased I was on government. The Labor government’s policy of Wednesday, 21 January, to announce funding of destroying country racing, an industry worth millions of $2.6 million for the Goulburn Valley hospital based in dollars to the local community, stands condemned and Shepparton. This funding is for an extra 10 hospital must not succeed. It is sad to hear not one ALP country beds that will treat nearly 1400 additional local patients member defend or try to protect this industry. each year. The Goulburn Valley Base Hospital is a fantastic facility that services a large area of the Bridges: Barwon Heads Goulburn Valley. This boost will enable more people to receive vital services. Mr DRUM (Northern Victoria) — Having spent my Christmas break at the Barwon Heads caravan park I The new package will improve bed access and patient could not help but become aware of the issue regarding flows, and the $2.6 million will fund an extra six acute the campaign by the local community not to have the and four subacute beds. It will also increase the government build a second bridge at Barwon Heads capacity for more highly dependent patients to be cared south of the existing bridge and to redevelop the for outside of the intensive care unit, enabling existing bridge to allow more traffic and larger trucks to emergency departments to see and treat more patients. once again drive through the town of Barwon Heads across the bridge and over to the delicate spit on the The package also includes — and I think this is a great Ocean Grove side. part of the package — funding for community rehabilitation services and more resources to treat This is a classic example of a case where politics and patients who require only a short stay in hospital, which certain influences will end up creating a bad result for means that more patients will be able to be treated at Victoria and for that region. It is an opportunity for home or in community services. improvement, because although the proposal for a bridge to be built on the Geelong Road might not be Racing: regional and rural Victoria popular, at the moment there is a stupid situation where, because the bridge was built in 1927, traffic is diverted Mr VOGELS (Western Victoria) — On 17 January from its standard course and diverted through the town. 2009 I, along with 3000 other racegoers, attended the It actually dissects the town of Barwon Heads. It travels Camperdown Cup race meeting. The crowd was across an old rickety bridge to a very delicate natural spit. fantastic, the atmosphere terrific and the racing keenly contested by capacity fields. A standard straight-through road from Geelong Road and across the river into the major roundabouts at the The only dampener on the day was the threat hanging Ocean Grove site makes common sense, and it takes over the Camperdown Turf Club and 18 other country some strength to deliver a good project. I am not sure tracks in Victoria. Racing Victoria’s future directions where the politics on this issue is going to go. I imagine paper for country racing, if implemented in its draft that my statement will be unpopular, but that is what I form, will see these 19 racecourses lose training believe needs to be done in the Barwon Heads bridge centres, have racing venues downgraded and meetings saga. cut at the cost of hundreds of jobs in country Victoria. MEMBERS STATEMENTS

Wednesday, 4 February 2009 COUNCIL 61

Great South Coast: strategic plan past two years. It is geographically located in an area that does not allow current trainers a viable Ms TIERNEY (Western Victoria) — Last Friday I alternative — the closest option would be a trip of at was in Portland with the Minister for Regional and least 1 hour 15 minutes. Rural Development, Jacinta Allan, when she announced a Brumby Labor government injection of The claim that this is going to make racing clubs and $280 000 for the region, specifically for the Great South venues more sustainable just does not stack up. There is Coast strategic plan. Great South Coast councils nothing sustainable about reducing country Victoria’s include the Colac-Otway, Corangamite, Glenelg, training centres by half and stripping 50 race meetings Moyne and Southern Grampians shire councils, along from country race clubs. As I speak signatures are with the Warrnambool City Council. They will now be being gathered on petitions at Healesville and Yarra able to employ an executive support officer to assist in Glen; they will reflect the respective community voices. a project identifying planning priorities for the next 20 years. Great South Coast has many iconic tourist Skills training: Laverton awards attractions that we are all well aware of which draw people to the area, but it is resource rich and well Mr EIDEH (Western Metropolitan) — Not long positioned to be a key engine driver in sustainable before the house rose for Christmas I had the honour of regional development. representing the Honourable Jacinta Allan, Minister for Regional and Rural Development, and Minister for It was great to see so many representatives from the Skills and Workforce Participation. The occasion was councils at last Friday’s gathering, and I am particularly the presentation of graduation certificates to people pleased to support this project, which will ensure that from 22 nations. They are all new settlers in our local councils work collaboratively and will have a wonderful state and make up a very diverse group. This priority list for the region to enable them to engage with is a state where we value diversity and hard work and government so that together we can grow and develop acknowledge the dedication of individuals through the economic and social base of the Great South Coast. events such as graduations. It is a state where the Labor government values education for people of all ages and Racing: regional and rural Victoria without discrimination.

Mrs PETROVICH (Northern Victoria) — At the These new graduates were at the Laverton community end of last month my colleagues in the other place, the centre, and it was my pleasure as well as my honour to member for South-West Coast, Denis Napthine, the act on behalf of the minister. These graduates overcame member for Evelyn, Christine Fyffe, and I met with two adversity to settle in a new nation, learn a new language very disheartened race clubs whose viability has been and acquire new skills. It is also pleasing that increasing threatened following the release of this government’s education, training and job opportunities for all Victorian racecourse and training facilities direction Victorians is a priority for the Victorian government. By paper. investing in the knowledge and abilities of people both in and out of the workforce, we not only ensure their Mr Finn — Werribee. future success but also increase Victoria’s skills base, grow our economy and strengthen our communities. Mrs PETROVICH — No, not Werribee, but that has been affected, too. Under the planned changes In 2008 the government announced Securing Jobs for Healesville Amateur Racing Club stands to lose three Your Future — Skills for Victoria, a $316 million of its seven picnic race meetings, and Yarra Valley package to build on our training and skill development Racing Club will lose its funding for the training system. It includes a commitment for an additional facilities it operates. $4 million to assist organisations such as the Laverton community centre to run community programs. This is Once again this arrogant Brumby government has an investment in the skills of current and future totally misread the mood of the people in these country generations so we can meet the future challenges of our towns. The loss of the Healesville picnic race meetings society, challenge skills shortages and be involved in will mean a major loss of funds flowing through to increased global competition. local charities at a time when country Victoria needs as much as it can get; and the decision to no longer fund There is much more that I could say here — — the training facilities at Yarra Valley makes no sense whatsoever. This club has been the Victorian The PRESIDENT — Order! The member’s time thoroughbred country racing club of the year for the has expired. MEMBERS STATEMENTS

62 COUNCIL Wednesday, 4 February 2009

Australia Day: Bacchus Marsh and Geelong environment, its contribution to personal fitness and its contribution to making it easier to get people out and Mr KOCH (Western Victoria) — Last week I was about on their bikes. Unfortunately Manningham delighted to attend Australia Day celebrations at both council is one of only 13 councils to meet the Bicycle Bacchus Marsh and Geelong. At Bacchus Marsh, Victoria benchmark of spending $5 per person on Moorabool shire residents joined in a variety of cycling infrastructure. I hope the newly elected councils activities and entertainment that began with a barbecue will prioritise bicycles. In my electorate Whitehorse breakfast prepared by local service clubs and City Council, for example, spent less than $3 per person accompanied by live music. on bicycle infrastructure and Maroondah City Council spent less than $2 per person. Families from across the shire, along with numerous visitors, enjoyed this great community event hosted by The PRESIDENT — Order! The member’s time the Moorabool Shire Council. Australia Day has expired. ambassador and chief officer of the Country Fire Authority, Russell Rees, spoke enthusiastically about Federal government: economic adviser Australia and what it means to be an Australian. Mr FINN (Western Metropolitan) — As we know, The Moorabool citizen of the year award was presented Canberra is a very strange place and it does very to popular and hardworking community volunteer Ray strange things to people after a while, but one has to Meadows, while the young citizen of the year award wonder what has possessed the Prime Minister and the was presented to 18-year-old, inspirational Bethany Treasurer of this nation to cut down the political Bajada. cadaver called Paul Keating and appoint him as some sort of economic adviser to the federal government. It During the Australian citizenship ceremony may well prove that the Prime Minister is a bit more 16 candidates became Moorabool shire’s newest sentimental than we thought. Perhaps it proves that citizens. I extend my congratulations to Mayor Michael Mr Rudd thinks we cannot have a real recession without Tudball, his fellow councillors, award recipients and all Paul Keating being around, because when we think of those present who combined to making Australia Day Paul Keating we immediately think of debt, we think of 2009 a very memorable and meaningful celebration. deficit, we think of unemployment and we think of recession. After all, Paul Keating was the outstanding In Geelong I was able to join in the Australia Day politician who gave us ‘the recession we had to have’, citizenship ceremony held on the waterfront, where, in and he also gave us a million unemployed Australians the presence of ambassador Mike Brady, 38 candidates for the first time ever. It is little wonder that the Rudd took the pledge to become Geelong’s newest citizens. government has blown the surplus in record time and we I extend my thanks to all who organised and as a nation are quickly going down the plughole. participated in Australia Day activities, in particular to This man, Keating, caused so much grief to so many those who made the commitment to become our newest Australians that it is a disgrace that any Prime Minister Australian citizens. Congratulations to you all! would ever put him in charge of or have him as an Cycling: Manningham infrastructure adviser to anything. With the Undertaker back on the scene, there is little hope that economic recovery will Mr TEE (Eastern Metropolitan) — The community be arriving any time soon. is increasingly looking at ways to increase exercise and reduce its carbon footprint. Cycling is often seen as an Whittlesea: Chinese New Year festival easy and effective way of maintaining an exercise Ms MIKAKOS (Northern Metropolitan) — On regime and keeping cars off the road. But, of course, 31 January 2009 I had the pleasure of attending a cyclists need government infrastructure to support Chinese New Year festival celebrating the year of the cycling. So I was pleased to see that Manningham ox organised by the Whittlesea Chinese Association. I council has been reported by Bicycle Victoria as congratulate the committee of the Whittlesea Chinese spending some $12.50 per person on cycling Association and its president, Mr Arthur Yong, for infrastructure. This money was been spent on lanes, putting on a spectacular day of events, including music, paths, signage and other important cycling dances by different cultural groups and, in particular, a infrastructure. colourful and entertaining Chinese lion performance. I I want to take this opportunity to congratulate wish all members of my local Chinese community a Manningham City Council on its contribution to the happy year of the ox. PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

Wednesday, 4 February 2009 COUNCIL 63

Darebin: Greek festival (a) tender returnables — Melbourne metropolitan train franchise;

Ms MIKAKOS — On 1 February 2009 the Greek (b) tender returnables — Melbourne metropolitan tram Community of Northcote, City of Darebin and Districts franchise; celebrated its 28th annual festival at Johnson Park in Northcote and the 30th year since its establishment. I (c) Melbourne metropolitan train franchise interactive joined the local Greek community enjoying a day of tender guide for ITT process; Greek culture, food and dancing. I congratulate the (d) Melbourne metropolitan tram franchise interactive Greek community of Darebin on its 30th anniversary, tender guide for ITT process. and I congratulate all who have served as presidents and committee members over the last 30 years and its I will reiterate, as this is part of a chain of motions, that current president of seven years, Ms Sofia Kotanidis, the purpose of this motion is to have tabled in the house on achieving this significant milestone. a number of documents which we are certain have been provided to those bidders who are seeking to take over Rail: Merri Creek bridge and run Melbourne’s tram and train services, and we are asking that those documents be provided — as they Ms MIKAKOS — On 27 January 2009 I joined the have been to a number of bidders — to members of Premier and the Minister for Public Transport to mark Parliament. There is nothing in these documents that is the completion of the new duplicated rail bridge over going to convince me that privatisation is good for Merri Creek. The completion of this major work has public transport. Clearly public transport systems have now doubled the capacity of trains passing through to work as integrated systems, bringing together Clifton Hill, improving services for the different modes, activity centres, land-use planning and 60 000 commuters who travel through this junction so forth. In fact the state government is continuing every day along the Hurstbridge and Epping lines and many of the Kennett government policy settings. creating additional capacity for extra services that will run to South Morang with the extension of the Epping This motion is a test of whether the government is line in the future. willing to share the same information with the people and Parliament of Victoria that it is prepared to place into the hands of a bunch of, I think it is, Hong Kong, PUBLIC TRANSPORT: PRODUCTION OF French, and German-based corporations. Certainly to DOCUMENTS be bidding on those contracts those companies will want to know essential information about the capacity, Mr BARBER (Northern Metropolitan) — I move: safety and reliability of the system they would be putting their hands up to run. It is those exact questions That this house — that have been exercising the minds of members of the (1) notes the refusal of the government to comply fully with travelling public for a long time, and after the the resolution of the Council of 15 October 2008 to table horrendous experience of the last two weeks people are the public transport tender documents specified in that resolution on the grounds of executive privilege; now even more focused on them.

(2) is of the firm opinion that the Council is fully entitled to The other phenomenon, apart from the heatwave of the scrutinise the activities of the executive and demand last two weeks, is the phenomenon of watching accountability for all aspects of executive behaviour; government, Connex, trade unions and a range of other people pointing fingers at each other and blaming each (3) rejects the government’s claim of executive privilege in relation to the documents not produced and notes with other. That is not the sort of approach that should great concern the government’s apparent belief that it is generally be supported during a crisis, and certainly not not accountable to the Parliament of Victoria; in the wash-up of that crisis.

(4) accordingly censures the Leader of the Government as The government has ruled out providing these the representative of the government in the Council for the government’s failure to fully comply with the documents for the most part on the grounds of Council’s resolution of 15 October 2008; and executive privilege. I would say that in large part the concept of executive privilege as the government is (5) demands that the Leader of the Government comply attempting to use it is a legal fiction. The house, on a fully with the resolution of the Council of 15 October number of occasions through a number of similar 2008 and lodge the following documents with the Clerk by 2.00 p.m. on Tuesday, 24 February 2009: processes, has received eminent advice on that particular matter, and that advice for the most part has dismissed the broad brush of the government’s claim to PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

64 COUNCIL Wednesday, 4 February 2009 executive privilege. That claim is simply looking more anyway, you’ll be a bit of a captive audience while I tell and more like the failing of a tired, long-term you all about it’. government that is becoming more and more paranoid about people understanding its business while it boosts However, I will restate, as I have with all previous up the public spending to try to convince the people that similar motions that I have moved, that I am prepared the particular medicine it is giving us this week is good to meet with the government and negotiate over any for us. particular excisions from these documents that the government feels are truly essential. If it can be The response to that, as the failings become more organised that the most important parts of the apparent, is that people are asking more and more documents are released, particular excisions could be questions. Ordinary people are asking more and more made. questions, seeking information, forming together into groups and questioning what the government is doing. In the information he has provided us the That is a process that is building. Attorney-General has raised a concern about national security. I presume that means safety and security from The specific basis of the censure, if you like, that has some sort of attack on the rail system. I understand it is been put into this motion is that in refusing to provide a very important and very sensitive issue. If that alone this material the government is now obstructing the was the issue, I would certainly be prepared to discuss business of the house. That is the problem the house is an arrangement whereby perhaps that material could be seeking to overcome. We have ministers in this place excised and through some kind of process of who represent the government as a whole — one in negotiation the relevant and important information particular is the Leader of the Government — who are could be provided to the house. However, in the holding back this information. Ministers cannot absence of any offer of discussion, dialogue or quarantine themselves from the cabinet decisions of the negotiation off-line from this vote, then we simply government. move forward with the chain of processes that members are now familiar with following other similar requests If anybody thinks that inquiring into the privatisation of and inquiries. the public transport system is not the business of the house, I point out that it is with respect to the Hon. M. P. PAKULA (Minister for Industry and question-and-answer process and it is with respect to Trade) — I do not intend to speak for long on this any number of inquiries that the Parliament has or may motion because I feel we have had this debate on have on foot. When the legislation that reforms the numerous occasions over the last two and a bit years; I overall Transport Act comes up from the lower house, have probably previously made most of the comments I members will need to be fully informed on these would seek to make on this motion. However, I want to matters to enable them to discharge their duties and do make some comments about the tenor of Mr Barber’s their jobs well. Therefore, preventing the house from motion and the concern it leaves me with, in particular obtaining the information it needs to do its job is an subparagraphs (2) and (3) which refer to demanding obstruction of the house. accountability for all aspects of executive behaviour, the house rejecting the government’s claim of executive If this motion passes, the next and final motion in the privilege, and noting with concern the government’s chain, as we experienced back in the days of the apparent belief that it is not accountable to the gambling inquiry, will be to expel the Leader of the Parliament of Victoria. Government from the service of the house as an attempt to enforce our request for information. The last time we The difficulty I have with those subparagraphs is they did that we heard the leader say what an outrageous seem to suggest that in the mind of the motion’s mover move it was to deny the people of Southern there is almost no circumstance in which a claim of Metropolitan Region representation in the house. executive privilege is valid. Those words in the motion seem to almost completely dismiss the entire notion of If that is the argument the leader and others want to put executive privilege, as if to say that if a government in forward, I suggest he get a soapbox, go and stand at any circumstance claims executive privilege, it South Yarra train station and make the argument direct somehow believes itself to not be accountable to the to his constituents. At the time of the next train Parliament and is denying the Parliament information to cancellation he can say, ‘There is a terrible democratic which it is entitled. travesty going on in the Legislative Council and as your local member I just want you to know about it. Since I am also drawn by some of the comments that you’re all standing around waiting for your trains Mr Barber made in his brief address on this motion. It PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

Wednesday, 4 February 2009 COUNCIL 65 seems to be the case that the Greens, including One of the heads that Mr Barber went to was that Mr Barber, do not believe it is legitimate in any case for sometimes the revelation of information will prejudice there to be confidential matters in private tender public safety, and in certain circumstances the arrangements between the private sector and the revelation of information will materially damage the government. He may be right to say that it is not always state’s financial or commercial interests — and, by appropriate; but surely he must concede that there are extension, the commercial interests of Victorian some circumstances in which a claim of executive taxpayers. These claims are not made lightly; they are privilege is absolutely appropriate, some circumstances made because governments believe that certain key and where the private sector is tendering with the important objectives of government and of the government of the day, and that elements of that tender Victorian taxpayers are put in jeopardy by the release of process between the parties should remain confidential. certain documents. My concern is that the motion seems to suggest that those claims are, in almost all I am, frankly, not surprised that the Greens would take circumstances, by their nature, invalid. a different view, but I would be surprised if the opposition concurs with Mr Barber’s view in this I think it is also important to indicate that it is not as if regard, because there have been numerous examples the Minister for Public Transport, via the Treasurer, involving governments of both colours, over many refused access to all the documents that were sought. years, where claims of executive privilege have been The Invitation to Tender — Melbourne Metropolitan made and where confidential information that is relayed Train Franchise, Volume 1 — Tender Information and between government and private sector tenderers has Evaluation Criteria was tabled, as was the same remained confidential, at least for the duration of the document, effectively, for the tram franchise, and tender process. volumes 2 of both of those invitations to tender were also tabled. I want to go briefly to the nature of executive privilege because, as I said, I am concerned about the sense that There were four documents that were not released — seems to be emerging in this place that claims of the tender returnables for the Melbourne metro train executive privilege are never valid. A claim of and tram franchises and the interactive tender guides for executive privilege is not made lightly and is not made both of those franchises. There was not a refusal to frivolously or without reason. It is not an unfettered release those documents for spurious or frivolous power granted to the executive. There are limited reasons. There was a refusal to release those documents exceptions to the Parliament’s ability to obtain at this time for some very important reasons — firstly, documents. They are principles that exist not to that they would damage the state’s financial and undermine the Westminster system but to support it. commercial interests, and secondly, as Mr Barber’s contribution has gone to, that they had the potential to Those principles are also designed to protect the state’s prejudice national security and public safety. I will not financial interests and the interests of good governance go into the details of that but I think when you consider of the state more broadly, and they are designed to those documents, particularly the interactive tender protect the integrity of dealings between the state and guide, it is not difficult to understand why their release the private sector. They are an important part of into the public domain may indeed do that. I am providing the private sector with the confidence to deal advised that this is not, as Mr Barber seeks to with the executive government. characterise it, a matter of government paranoia or of a long-term government being particularly secretive or Some examples of grounds for executive privilege that anything of that nature. This is a genuine situation include documents may be directly or indirectly where we are in the middle of a live tender process and revealing the deliberative processes of cabinet. It is a release of these documents at a premature stage will put long-established convention that the deliberative in material jeopardy up to $1 billion of government processes of cabinet need to remain confidential for contracts with the private sector. very good reasons concerning the ability of a cabinet to discuss issues openly and without any concern or As I think I have said on many occasions in the past, conviction that the matters are going to be in the public governments, and by extension the Parliament, have to domain. Another reason for a claim of executive be extremely careful when we are in the middle of a privilege could be that documents might reveal live tender process. I restate what I have said in here on confidential legal advice to government. Again, many occasions previously, that whilst I understand the governments, like all citizens, need to be able to consult desire of Mr Barber and others to have every piece of with their legal advisers freely and openly. information they can get their hands on, it is irresponsible to be seeking to access these documents PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

66 COUNCIL Wednesday, 4 February 2009 while the live tender process is still under way. That they are using and misusing these kinds of executive undermines the basis upon which competitive tenders privilege. are made and finalised in the state and jeopardises the ability of the private sector to have confidence in its There is strong community interest in seeing these dealings with government. documents. The community knows that the government got aspects of the tender arrangements wrong last time. In regard to the specific documents that Mr Barber is The government has not managed the public transport seeking, as he well knows, even though the motion is system well over the previous few years. The system directed at the Leader of the Government, ultimately has deteriorated, and the community has a genuine whether or not these documents are released is a matter interest in ensuring that this is sorted out. In many for the Minister for Public Transport in the other place. respects the government has shown that it is incapable Without making commitments on her behalf, because I of running infrastructure of any scale, and public am not in a position to do that, I have no doubt that transport in particular. The community has every reason once the tender process is finalised the minister may to be concerned about the government’s performance; well have another look at this issue and make a this Parliament, as a reflection of that community determination about the release of those documents. concern, is seeking to understand what is going on and But that is a matter that cannot be properly considered wants to get to the bottom of where the government is by the minister until this live tender process is heading. concluded, and to release those documents prior to that would place the tender in genuine and material This is an important motion, and Mr Barber was right jeopardy. If the consequence of all that is that in moving it. It notes the refusal of the government to Mr Barber, as he has already flagged today, takes this comply with the resolution of the Legislative Council. matter further, I suppose that is a consequence that the It indicates that the Council is entitled to scrutinise the government will just have to deal with. activities of the executive and demand accountability. It rejects the government’s claim of executive privilege Mr D. DAVIS (Southern Metropolitan) — I wish to which is being used as a shield for the government’s indicate the support of the opposition for this motion of poor performance. It thereby censures the Leader of the Mr Barber’s. The community has faced an Government as a representative of the government in extraordinary period in the last few weeks as the the Council. transport system in this state has deteriorated. As Mr Barber said, the government has engaged in a blame The chamber has got to make its points. It has carefully game with a whole range of people — Connex not least and sensibly indicated its displeasure at the of them. In a short sit-down that a number of us had the government’s decision to begin frustrating the release other day we came up with nearly 30 different excuses of documents. It is not just with this motion, because a the government has put forward for the appalling pattern is being developed by the government. The performance of the public transport system. I remind government is frustrating the release of documents members that those excuses predate the extreme heat of relating to the health portfolio. It has withheld last week. There has been a massive lack of documents relating to the water portfolio, and the performance over the recent two or three years. Council has been obstructed in other documents it has sought; over the next period I am sure this chamber will This motion puts in very clear language that the have more to say on that. government has sought to frustrate the chamber. The chamber has before it a clearly worded motion that With regard to the public transport portfolio, I sought seeks the production of documents, yet the government ministerial briefing documents. They were precisely is unfairly and unsatisfactorily using the shield or the named and numbered, but the government refused point foil of executive privilege. I will talk more about this in blank to provide some of them. As I say, there is a a moment; but this government has again and again pattern developing here, yet it has nothing to do with a sought to make points about executive privilege and live tender in those cases. commercial-in-confidence matters. Hon. M. P. Pakula — What about this case! When the Premier and the Deputy Premier were in opposition they were critical of the then government for Mr D. DAVIS — I am coming to that. Mr Pakula, its use of commercial-in-confidence, there is a pattern occurring here and I am pointing out cabinet-in-confidence and executive privilege claims that in this specific case this falls within that pattern. I involving freedom of information applications and in am pointing out that the government is using every foil other contexts, but now that they are in government it can to protect itself from scrutiny. It is seeking to PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

Wednesday, 4 February 2009 COUNCIL 67 prevent the release of information that would embarrass executive privilege concerns the relationships and it. It is seeking to prevent the release of details that it necessary interaction between the executive and does not want seen by the community. government and commercial operators doing business in the state and with the state. In a later debate today many of the current woes of the public transport system will be fully discussed by the I listened to Mr Davis’s contribution in which he started chamber, so it is not my intention to go through those talking about current issues in the public transport now. Suffice to say that wherever you move in the system. I am looking forward to the debate on that community, people believe the government has matter that we will have later this day. It was not this comprehensively failed on public transport and that government that privatised the public transport system; neither the Premier nor the Minister for Public it was the Kennett government that went down the path Transport are prepared to step forward and accept clear of privatisation of the public transport system. A critical responsibility. It is the Helen Shapiro approach — ‘I part of that privatisation of the public transport system am not responsible’ — and the finger-pointing that has is a set of commercial contracts between the gone on with different organisations is not satisfactory. government of the day and the commercial operators of the system. One of the fundamental processes of I am pleased to remind the Leader of the Government privatisation of the system is to have a competitive that the government should fully comply with this tendering process. One would have to say that there is motion and the 15 October 2008 resolution of the not a lot of point in privatising anything if these Council; I also note the period over which the processes are not followed. The argument is that the government has dragged this out. We are now in benefits of privatisation are competitive tests and February; had this information been published earlier, it improved operation by the private sector, with benefits might have meant greater scrutiny and information. accruing to the state and to the people as a result of that Then requests for other transport documents would process. That is the argument for the privatisation of have, in my view, provided greater scrutiny of the any system. government’s performance here. I think there is a role for privatised operations in I am pleased to support the motion. I believe it is a step government and for public operations in government. I towards greater accountability. The house should am not going to go down the path of that debate, but if quickly detect or see through the childish comments by you are going to have a privatised system and derive the government and its attempts to cover up and the benefits of the privatised system, the critical process frustrate the will of the chamber by preventing the to achieve those benefits is competitive tendering. You release of damaging information. cannot have a competitive tender process and make the whole thing public. You cannot have a public Mr VINEY (Eastern Victoria) — Welcome to the competitive tender process where the commercial bids ‘documents debate’ mark 10, 11 or 12 — I am not sure of the various tenderers become public. It does not which number because I am losing count! The work that way. opposition and the Greens continuously demonstrate that they either do not understand or choose not to Mr Barber — We haven’t asked for the bids. understand the process by which government makes determinations on a commercial basis and the Mr VINEY — You put the whole thing in jeopardy, absolutely fundamental importance of executive Mr Barber, from the documents that you are seeking. privilege. The point of executive privilege is to protect those processes. It is a fundamental tenet of the Westminster democratic system of government. The Parliament elects an Ms Lovell interjected. executive, and the executive is accountable to the Parliament, with a number of very important privileges Mr VINEY — I am enjoying the interjections. I was which the executive must use carefully and which are going to be relatively quick, but this is fun. Let’s keep essential for the good operation of government. going. Executive privilege includes a responsibility for the executive to maintain confidentiality over certain The point of a competitive process is to derive the decisions, processes and documents, and part of that is benefits. If you are going to have a competitive process, the responsibility of cabinet to properly consider you cannot have the tenders completed and have all the matters and to maintain the confidentiality of those tender documents shared between everyone through the considerations and deliberations. The other key area of Greens demanding the documents in this chamber. Mr Davis has said that not only does he want the PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

68 COUNCIL Wednesday, 4 February 2009 documents, he wants to make them public, because the stand up and say that the matter was privileged and in public has a right to know. If we went down that path, those circumstances the house accepted the minister’s every tenderer would have all of the information. There assurance. But in this chamber the Greens, in particular, are certain things that a government must, for the good supported by the Liberals, seem to think they are able to of governance in the state and to derive the benefits of a determine whether or not something has executive competitive process, keep on a privilege when they do not even know what it is. They commercial-in-confidence basis. believe they have a greater ability to assess executive privilege than the government, the bureaucracy and the I am afraid I have to inform members of the Greens and advisers to the government, including legal advice. That the opposition — I think they know this — that the is the position that the opposition and the Greens seem determination of executive privilege can be made only to be taking. by the executive, because you cannot put documents out for determination of executive privilege. The whole As Mr Pakula outlined, the government will fairly and nature of executive privilege is that the documents are properly consider any request for documents and, kept with the people who need to have them. You where executive privilege exists, will declare that cannot be bringing documents into the house or giving executive privilege in relation to the specific documents them to the mover of the motion and asking, ‘Is it okay that are called for to the house, and that has been done. if we keep this as commercial in confidence?’ and No amount of censure motions, no amount of saying, ‘We trust you to keep it commercial in ‘expulsions’, in Mr Barber’s words, of the Leader of the confidence’. The purpose of executive privilege is to Government from this place, will alter in any way the maintain the confidentiality. government’s actions in relation to these matters because it has a higher responsibility than worrying Mr Davis brought up the question of the operations of about censure motions or suspensions. As the the previous Kennett government — and I am glad he government of the day, it has a higher responsibility to did so. He brought up the fact that in opposition this properly consider the interests of the state of Victoria government was critical of the Kennett government for and the people of Victoria and to ensure that it acts to its secrecy and the way it dealt with maintaining protect those interests — whether they be the commercial confidentialities. The critical difference commercial interests of the state or the operational between this example and the matters the opposition interests of the public in terms of the services that was raising under the Kennett government is that the government provides. That is the government’s higher information that was being sought in the 1990s, responsibility than concerns about censure motions or, particularly in relation to the casino, was being sought in Mr Barber’s words, ‘expulsions’, which I think was a after the tender process was complete and, I think, even very interesting slip of the tongue. For Mr Barber’s after the building was completed. The executive information, I think the term is actually ‘suspension’, privilege of these documents relates to the fact that it is not ‘expulsion’, but it is very interesting. It is a a live, current tender and it would be inappropriate to Freudian slip — the expulsion from the house of the produce those documents to anyone other than the Leader of the Government. people involved in the process of the tender and assessments of the tender process and the tender bids. We believe that such a move — to suspend a member from service — would be an outrageous abuse of the We have had this debate on a number of occasions and powers of this house, and if Mr Barber and Mr David have tried to explain to the house the government’s Davis and the opposition bring that on, so be it, but we position. The government’s position is that it is would say that that would be an outrageous abuse of the prepared to cooperate with the house and release powers of this house. documents as they are appropriate and where it can, but if there is a matter of executive privilege in relation to The suspension of a member should occur only in the the documents — and sessional order 21 even most extreme of circumstances, and the censure of a acknowledges that there are cases of executive privilege member, as this motion proposes, particularly the where documents cannot be produced — where that censure of the Leader of the Government, is the subject occurs, the government will not breach the important of a very serious motion before the house. Where the principle of executive privilege that has operated in Leader of the Government, acting on the advice he is Westminster parliaments for 200 years — probably required to hear and receive, determines that it is not more. Certainly in my research I found that executive appropriate for the government to release a particular privilege goes back a very long way. For the document, where he — or another minister — makes information of the house, in the 1800s the initial claims that determination in good faith and in accordance with of executive privilege required a minister to simply his responsibilities as a member of the cabinet, as a PUBLIC TRANSPORT: PRODUCTION OF DOCUMENTS

Wednesday, 4 February 2009 COUNCIL 69 member of executive government, where he follows the Considering the government’s argument on this, it is advice that he is given, for the house to censure a worthwhile, as someone who has been involved in member is in my view an outrageous abuse of the previous debates about documents, to consider the powers of this house. I think all members should think government’s position, as it put it in earlier debates. In very carefully before they vote to censure a member of some of those instances it was very clear that the this place when that member, in this case the Leader of government did not have a reasonable case to put. the Government, has acted on the advice that he is given and in the interests of the people of Victoria and As a member of the Select Committee on Gaming of the government of this state, where he acts according Licensing and the Select Committee on Public Land to his oath to work for the interests of the people of Development, I got the clear impression that the Victoria. For this house to then censure the Leader of government was putting forward indefensible the Government for acting in that way is an outrage, propositions to prevent the release of documents on and if, as Mr Barber has indicated in his contribution those occasions. Therefore it is fair to say that on the today, he intends to bring on a motion for the release of documents, the government does not deserve suspension of the minister in a subsequent debate for the benefit of the doubt. continuing to act on his advice in the interests of the people of Victoria, that would be a serious abuse of the With respect to the Treasurer, Mr Lenders — indeed, I powers of this house to suspend a member. So I urge am sure nobody wants to attack Mr Lenders personally, the house to reject this proposed censure of the Leader and Mr Viney should understand that this is not a of the Government, because the Leader of the personal attack — the motion names him only in his Government is acting on advice and in the interests of capacity as representing the government. Therefore, the people of Victoria. with some reservations, I have decided to retain my support for the motion. The Leader of the Government is acting in accordance with his solemn duties and the oath he swore to serve Mr BARBER (Northern Metropolitan) — I thank the people of Victoria and work in their interests. I urge all members for their considered approach to this the house to reject this censure motion. important matter. It sounds like the government is even more sick of debating this issue than members of the Mr KAVANAGH (Western Victoria) — When I crossbenches and opposition. If what government first learnt of Mr Barber’s motion I was quite clearly members want is an end to this sort of debate, that can going to support it, and I have decided to support it in only be determined through the court system in the spite of some very good reasons and contrary familiar pattern that occurred in New South Wales, arguments put by Mr Viney and Mr Pakula. In the because while the courts can make determinations on course of this debate the issue of public transport what powers a house of Parliament holds, the courts generally has come up, and there have been debates will never intervene in how a chamber of Parliament about who privatised public transport in Victoria, for uses that power. example. Several speakers have mentioned that, but I would like to put on the record on behalf of the The argument the government is putting is simply that Democratic Labor Party that we — like, I think, the we do not have the power to do what we are trying to majority of Victorians — believe that public transport do and also that we are ill advised. We all know that if should be run by the government. We are not a socialist such a suspension were to occur in a way that becomes party but we recognise there are some activities that are inconvenient to the government, it would seek judicial properly run by the government, and public transport is review of whether this power exists and is to be one of those. exercised in the way we are describing it. Mr Viney went to that in his brief historical trip which formed Mr Viney and Mr Pakula raised some very good part of the advice that the chamber also received going arguments against the motion, particularly in respect of to that very issue. live tender processes. Listening to the debate, I had to consider carefully what they were saying there, and I Mr Viney said something quite helpful at the end of his thought it was pretty persuasive, but as both sides on contribution, when he said Minister Lenders is acting this debate have admitted, this is the last in a pattern of on the advice that he has received from the government arguments about release of documents. Mr Viney called and that he makes that determination — that is, the this document debate mark 10. Indeed, as David Davis material is not to be released — and that Minister said, a pattern has emerged in this house over debates Lenders, by refusing to cooperate with the chamber, is on documents. exercising his responsibility as a member of cabinet. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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The important point I have been trying to make through Ayes, 20 all of these debates is that individuals cannot atomise Barber, Mr (Teller) Kavanagh, Mr and separate themselves from collective cabinet Coote, Mrs Koch, Mr responsibility, so the refusal of the government to Dalla-Riva, Mr Kronberg, Mrs Davis, Mr D. Lovell, Ms provide this material is a collective cabinet decision that Davis, Mr P. O’Donohue, Mr Minister Lenders, as a member of the cabinet, is Drum, Mr Pennicuik, Ms supporting and enacting. Arguments about whether we Finn, Mr Petrovich, Mrs are picking on Minister Lenders or whether it is within Guy, Mr (Teller) Peulich, Mrs his ministerial responsibility are not important for the Hall, Mr Rich-Phillips, Mr Hartland, Ms Vogels, Mr very reasons that Mr Viney stated. Noes, 18 A statement often used in this place is that Victoria is a Broad, Ms Pakula, Mr great place to live, work and raise a family. That comes Darveniza, Ms Pulford, Ms from the first speech to Parliament by the former Eideh, Mr (Teller) Scheffer, Mr Premier, Mr Bracks, but he made an equally important Elasmar, Mr Smith, Mr point in his first speech, and it is one that you never Huppert, Ms Somyurek, Mr hear around here — that is, that executive government, Jennings, Mr Tee, Mr Leane, Mr (Teller) Theophanous, Mr in his view, had become too powerful, so ‘executive Lenders, Mr Tierney, Ms privilege’ is a fancy phrase for ‘executive power’. Mikakos, Ms Viney, Mr

This is a claim of the government simply to retain Motion agreed to. certain powers. I am with Mr Bracks, as he called it at that time when he entered the Parliament, that the government has too much power. I wonder if decades PUBLIC TRANSPORT: METROPOLITAN from now he might, like former Premier Cain, start AND REGIONAL SERVICES arguing that the cabinet itself was not sacrosanct and that in the words of Mr Cain, ‘The cabinet oyster could Mr KOCH (Western Victoria) — I move: be opened in certain circumstances’. That this house expresses serious concern at the state government’s mismanagement of both metropolitan and Leaving aside those matters, at the end of the day this is regional public transport services and in particular the impact about the government not wanting a debate on the on commuters of the loss of train services and the cancelling privatisation of public transport. The Liberal Party does of scheduled services and notes with concern the frustration not either, but it is on board with the motion. I do not experienced by commuters and the impact of the state government’s mismanagement of public transport services on care why and I do not seek to understand the internal businesses and families and the state government’s failure to machinations or psyche of the Liberal collective, but we maintain and renew critical infrastructure over its almost will follow that part of the debate closely in the next decade in government. motion when we will talk about why it is that Labor is so hell-bent on continuing the Kennett government’s This motion clearly demonstrates the frustration of failed privatisation of public transport — yet another public transport commuters in Victoria, both in the ringing endorsement of the Kennett era. metropolitan area and rural Victoria. This frustration gets worse the longer this Labor government does I will save my further points for the next debate, nothing to resolve the situation. because it is imminent. Simply put, the government has not wanted a debate on privatisation before or during The government has had over nine years — that is, the process of privatisation. The government is nearly a decade — to lift the standard of maintenance, probably okay about it happening after it is too late to upgrade the rolling stock and make sure timetable do anything about it. That just goes back to the famous schedules can be met and service providers can deliver quotation — I think it was from Napoleon, but I have community expectations. We have a government that not been able to track it down — it is not essential to has been happy to penalise the service providers — suppress the truth indefinitely but merely until the truth both Connex in the metropolitan area and V/Line — is no longer relevant. I thank the house for the time that when they do not meet the terms of their contracts, but has been made available to debate this important issue. at the same time the government is not prepared to make more resources available to resolve many of the House divided on motion: problems that have been experienced over the last two years and, more particularly, climaxing in the week running up to the long weekend in January 2009. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Currently over 350 000 metropolitan travellers use the Successive premiers — Bracks and Brumby — have service as a means of getting to work and home again done little to improve, upgrade or grow this essential daily. Many families also use our transport system, and public transport service that so many people have been often this is the only form of transport they have. Of encouraged to rely on in recent times. Until very recent times this has certainly taken a toll on those who recently no Labor ministers — nor, for that matter, rely on it. In saying that, I know that the 350 000 people might I say, Labor members — have used public who use that service each morning also require its transport, so they have been unaware of what timely services in the afternoon to return home to their commuters have had to endure on a daily basis. It is families, so we are moving in excess of 700 000 people only due to these recent failures that the Premier and on the public transport system, particularly rail, on a the ministers have been prepared to travel by rail, but it daily basis. has not been by choice and they certainly do not appear comfortable in those roles, as commuters vent their Many commuters opted to forgo using their motor anger and disappointment. This has been clearly vehicles and moved over to public transport for many depicted and confirmed by many press articles and reasons, including the encouragement by the Labor particularly by the photos used in those articles. government in saying our trains were particularly underutilised but were fast, efficient and user friendly. Rural Victorians have not fared much better. As a user With road congestion continuing to rise and city of the Hamilton to Melbourne and Geelong to parking congestion taxes having been introduced, many Melbourne services, I am appalled by what has not took the opportunity — where the public transport was happened since Labor has come to office. I am available — to move to public transport, as this made informed that the services to Bendigo and Gippsland good sense and was a practical way of improving have fared little better, but I know my colleagues will transport congestion not only in the metropolitan area endeavour to address those situations as the debate goes but also, more so, in the CBD (central business district). forward this morning. Little did all these people know of the delays and agonies that were awaiting them on a daily basis as the Having seen the blow-out from $80 million to use of public transport grew. $919 million gradually take place for fast rail upgrades in rural Victoria after years of planning shortfalls and Connex, the metropolitan provider, and V/Line, the construction overruns, patrons continue to be treated rural provider, have fallen far below the expectations of unreasonably, especially the failure to get them to their users over that nine and a half years since this destinations in a more timely manner and to provide government has come into office. The responsibility for them with greater timetable flexibility. Although trains Labor’s mismanagement and underresourcing of these travel at far greater speeds, this advantage is completely vital services certainly falls at the feet of the Premier lost as they approach the metropolitan area. In many and successive transport ministers who regrettably cases our fast rail services from regional Victoria come continue to blame all and sundry but of course never to a complete standstill while they are awaiting entry to take any of this responsibility on their own shoulders. Southern Cross Station to allow passengers to disembark or board other connecting services. Although the Minister for Public Transport, Lynne Kosky, is taking the full brunt of what is currently In its annual report V/Line claims that additional occurring, we should also remember that the former services to cope with booming patronage — having transport minister, Peter Batchelor, did absolutely doubled in three years — have only increased nothing under his watch to improve the situation. The congestion and delays across its system. Would this not system was falling to bits under his stewardship over a have been anticipated and planned for when the growth period of some seven years; again, nothing was done. that was promoted by the government started and then Minister Batchelor was glad to be rid of his transport grew and grew? Normally a service provider in this portfolio, and I think we can all reason why that was the situation would go back to the government it has the case. He was also happy to see it go to a minister with contract with and indicate the growth that was taking little or no knowledge of transport and to let her take place, with the expectation that the government would the blame. I might add that Minister Batchelor is coping support its efforts to offer greater service opportunities little better in his subsequent portfolio of energy and to those commuters who wished to move from the road resources, which is also on a disaster course, with to rail. This is not rocket science. The government has failure after failure occurring and its incapacity to meet completely ignored the usage increases that have been the needs of Victorian households and businesses on a experienced over recent years, and now they are daily basis. coming home to roost, unfortunately. There is little doubt that lack of resources continues to be the basic PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

72 COUNCIL Wednesday, 4 February 2009 problem, as the government has not made any provision single day. Last Friday, 30 January, saw for that growth. Certainly it has driven the expectations, 730-plus scheduled services cancelled out of the daily but, as I mentioned, it has not made any provision for scheduled delivery of 2000 train services by Connex in expansion within the infrastructure to accommodate the metropolitan area. greater usage as its revenues have increased. We appreciate that although Connex delivers that Victoria’s public transport industry has now been service there are limitations on its ability to deliver that exposed for what it really is not, and all the spin and service if the government will not resource it. Last excuses by this government and the Premier certainly Friday was certainly an example of where the failure to will not get it going. The Premier and Minister Kosky provide those resources, especially in track have not taken responsibility and put the necessary infrastructure, air conditioning and driver comfort, was resources in place for Connex to deliver the appropriate exposed. With extreme temperatures of over service in a comfortable and timely manner for all 40 degrees, problems such as these certainly came to patrons. They should have investigated all the the fore and many commuters had a very difficult shortcomings and told the public why these problems time — as we saw on most of our TV screens, were occurring and what action they were going to take especially in news bulletins. Frustrated commuters to fix the problems — but no, they did not. To date waited for very long times at railway stations and there has just been more spin, rhetoric, excuses and experienced further cancellations, and obviously this blame. I think everyone in the house, even including increased their frustration. government members, now realise the game is up. Victorians are sick and tired of this non-performing We are very much aware that our trains, especially the government and certainly cannot wait for the arrival of older portion of the rolling stock — the 92 trains in the 2010 to give it the boot. Comeng fleet — experience air-conditioning failure that kicks in at just above 32 degrees, so they did not Mr Lenders — You can sell everything again, like stand a snowflake’s chance in hell of surviving the last time. Your commitment to public transport is to weather we had last week. Even our later model trains flog it off! do not have air conditioning for weather conditions over 35 degrees, so that, in its own way, caused grief to Mr KOCH — The Leader of the Government has the comfort of passengers. some problems coming to grips with the lack of resources made available to our public transport Earlier in the week the Premier assured Victorians that system. He is quite happy to see the current situation the power available on hand for last week’s extreme maintained and is obviously critical of others who have conditions would have a margin of some 10 per cent endeavoured to sort these things out previously. over and above our needs. This was low and was readjusted to 5 per cent by midweek, but we still I think we all recognise that the millions of dollars — maintained an excess in our demands. Unfortunately or has it gone beyond a billion dollars? — that have again we had more spin from the Premier in relation to been unsuccessfully poured into the myki ticketing this matter. All commuters and Victorians are saying, system is an absolute scandal. This debacle alone, now ‘Please, Premier, no more excuses’. This government is years overdue, should have seen the sacking of the now being recognised for its hopelessness in delivering Minister for Public Transport and the disappearance of these services. many in her department for their incompetence alone. The private sector would not tolerate this disgraceful In contrast, as mentioned by many speakers, performance and nor should Victorians. Adelaide — which has an older public transport service and experienced higher temperatures than Melbourne Last week’s rail infrastructure and service delivery did of over 45 degrees last Friday — did not succumb failures have never been experienced to this degree in to the failures that were experienced in our system here Australia before, let alone in Victoria. Even with the in Melbourne. Premier’s blame game running at full throttle, we have never in Victoria’s history experienced this level of The stupidity of making available free ice-creams, government incompetence. To experience such failures drinks and then day passes on Friday was a further on a daily basis is just appalling. The number of train demonstration of just how out of touch — — cancellations, timetable failures and reschedulings running up to Christmas last year was just terrible, with Honourable members interjecting. some 700 such events taking place during December alone. Last week we experienced the same number in a Mr KOCH — That is right — it was icy poles, not ice-creams. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Mrs Kronberg — They melted in 40 seconds. Alain de Sales, also from St Kilda, disagreed with a big no and said: Mr KOCH — They melted, in many cases, before the commuters were even served them. It just shows If you look at the infrastructure in hotter countries such as how out of touch Connex and this government are with Singapore or even Third World countries such as India, they don’t make heat an excuse. I don’t think it’s acceptable. the travelling public. All people wanted was to be able to return home to their families in a safe and timely On the same theme Andrew Hutton also indicated that: manner after a long, hard, hot day’s work. Free tickets and melting ice-creams offend more people than they People were already uptight with the train problems before pacify, especially those who held weekly tickets and the heat, so extra cancellations are not helping. However, the problem is not just the heat. could not take advantage of the free travel for one day. On the same day, on page 9 of the Herald Sun another The Geelong line, like other lines, was not spared, as it survey is headed ‘Will free public transport be enough fell casualty to the same incompetence. There were to save Lynne Kosky’s job?’. Three of the people eight service cancellations, and two trains, both full of quoted in the survey indicated their concerns. They passengers at the time, broke down out in the country included Shannon Caruana from Pearcedale, who said: miles from anywhere, causing long delays for bus transfers. Passengers’ tempers were at breaking point as It’s not going to be enough to save Lynne Kosky. I think she trains slowed to a walking pace when entering should go because so far there’s been so much denial from Melbourne because signals had failed, and that her and from Connex. The public is sick of it. eventually stopped trains running altogether. Sarah Crotty from Sunbury said:

My office, obviously like many of my colleagues’ I pay for my tickets monthly, so I’m not affected. It won’t be offices, was contacted by furious commuters who enough to save Lynne Kosky’s job. vented their spleen at the incompetence of the government and especially the Minister for Public That comment refers to the free travel offered last Transport. On many occasions the common opinion Friday. Lastly, Effie Mulasmjac indicated that in her was that if people wanted to travel to Melbourne in a opinion: bus they would have driven in their own cars. Connex should get lost. Free transport is not enough. I’ve been waiting half an hour. Lynne Kosky pretends she’s sorry. Over a long time now people have experienced failing She just makes excuses. services on country lines, even the fast train lines, particularly into Ballarat and Bendigo, where the That is a pretty good reflection of the public’s concern service delivery certainly is not up to scratch. about this matter. Timetabling runs into trouble when temperatures increase, and we know that the pace of trains decreases Rail services in Victoria are now in a shambles. They as temperatures increase. We see the speed of trains in are unreliable and inefficient, and they do not offer some cases dropping 30, 40 and 50 kilometres an hour passengers value for money as they go about their daily as the temperature rises over 36 degrees. Naturally this lives. The responsibility for these problems falls will throw out timetables that have now been pushed squarely at the feet of the Premier and his too tightly together to try to accommodate the increased underperforming Minister for Public Transport, Lynne patronage that we are fortunate enough to have in Kosky. The situation will not improve until these Victoria. people disappear from the Victorian landscape. Mr Brumby: no more excuses — we need service. Articles in the Herald Sun last Friday, 30 January, certainly reflected some of the public’s concerns. At Mr TEE (Eastern Metropolitan) — When I read this page 34 a survey headed ‘Should commuters have to motion, and I read it a couple of times, what really put up with train cancellations simply because it is hot?’ struck me was that there is absolutely nothing positive was published. I quote from some of the people who in it. There are no ideas, there is no help for passengers responded to the survey. Richard Walton of St Kilda and there is no way forward — there is nothing genuine said no and added: or passionate about this motion.

We’re the only state that suffers from this. We’re definitely Honourable members interjecting. not the hottest state, so I think there’s something a little bit stinky about it all. I have a lot of empathy for those people Mr TEE — Of course that lack of genuineness stranded on platforms. should come as no surprise. It is amazing that those opposite could be critical of this government’s record of PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

74 COUNCIL Wednesday, 4 February 2009 investment when they have such an appalling record. there is a $38 billion transport plan that will add more Those opposite sat there cheering the closing of the than 100 kilometres of new track to our rail network. Ararat line — which this government has reopened; those opposite sat there cheering the closing of rail Only this government — only this side of the house — passenger services to Maryborough — which this has the vision, the commitment and the drive to deliver government will return; and those opposite sat there a public transport system for a city that is growing by cheering the closing of rail services to Bairnsdale and more than 1000 people a week. Only this government Gippsland — which this government has restored. This has the plan and the ideas to address the 40 per cent government has delivered, whereas those opposite increase in passenger numbers that we have seen over cheered while the Kennett government ripped some the past three years. $200 million each year out of the public transport system. Again there is a contrast. Instead of constructively engaging in the debate and working with the Honourable members interjecting. government and the community, the response of those opposite was to move this lame motion that has no Mr TEE — It is this government that returned the vision, no alternatives and no ideas. It is simply a bland, billion dollars that Kennett took out — — incoherent rave. It talks about frustration with the cancellation of services. Yes, it is true that last month Honourable members interjecting. Melbourne experienced the longest heatwave since records began. Of course there were cancellations and The ACTING PRESIDENT (Mr Somyurek) — I frustration in the community. But this motion does no remind members that interjections across the chamber more than state the obvious; it provides nothing more. It are disorderly. I also remind opposition members that is a lazy attempt to blame the government for the they have been heard in silence and ask that they afford effects of the heatwave. Mr Brian Tee the same courtesy. We have to remember that Victoria is not alone in Mr TEE — Those opposite — and I have heard the suffering extreme weather and the impact that that interjections of, ‘Oh, it was a long time ago, it was extreme weather has on our transport system. 10 years ago’ — want the electorate to believe that they have changed. They want the electorate to believe they Mrs Peulich — How about Perth? have had a conversion on the road to Damascus and that now all of a sudden they believe in public transport. Mr TEE — Mrs Peulich says, ‘How about Perth?’. But the reality is that they have never looked those in In Perth tracks buckled in the heat. In Perth trains had the community in the eye and acknowledged the to reduce speed, leading to delays. In Perth there was a devastation they caused to regional communities when breakdown and suspension of the connection of the they ripped out their rail services. They have never lines to the eastern states. In Adelaide tracks buckled explained how they could stand by while the Kennett and a train line was shut down. In Adelaide the tram government hacked away at community links. They system was stopped. But it is not only Australia where have never explained to the community how they the weather has caused problems. Recently London has botched up the privatisation of Melbourne’s rail system. seen the impact that weather can have: one in five They have no credibility, and the community knows commuters there could not get to work. In London all that they have no credibility. This motion shows there is but one of the rail lines closed, buses were off the roads nothing genuine in their new-found interest in public and commuters had to stay at home. transport. Melbourne had extreme weather conditions, and the The contrast with this government is stark. We have a impacts were that tracks buckled — as occurred in the record in investment, a record of service delivery and a other states — and there were power outages, record of transporting more Victorians than ever on impacting on our rail system. Like in other states, the public transport. Since 1999 this government has heatwave caused disruptions. The important thing is invested more than $5 billion, and billions of dollars which side of the debate has a systemic approach to worth of projects are under way. There is fast rail, delivering more and better rail services. Only this side which is restoring links to regional Victoria, costing of the house can deliver those improvements, only this $1 billion; new tracks are being rolled out at Clifton side has the plan to move forward and only this side has Hill, Laverton and Craigieburn; the government has the cool heads and the vision. All we hear from the 18 trains on order; and in addition — there is more — other side is more empty rhetoric. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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We have a government that is serious about public I would be assessed as negligent of my duties in transport and is actually getting on with the job. It has speaking to this motion if I did not take the opportunity added 1298 new weekly services since 1999. The extra to speak about public transport, and I thank Mr Koch Werribee, Dandenong and Craigieburn lines have been for moving this motion, which gives me that delivered, and now we have a plan for the way forward. opportunity. Everyone on this side of the house will be We have a plan that is unprecedented in scope and speaking on it, and my comments therefore will be scale. We have a record of delivering and a plan for necessarily brief. I want to speak about Eastern Victoria more trains, more trams, more buses and more train Region, which I represent, and make some points in tracks and stations. We have a plan for more respect — — alternatives and more choices for Victorian cities. Unlike those opposite, we have a plan that incorporates Mr Lenders — The railway line you decided to regional and rural Victoria, a plan that links the whole close in Bairnsdale! of Victoria. We have a plan and a record for linking communities and families. Mr HALL — We will come to closed railway lines. We will also come to promises by this government that This motion reveals that the opposition is devoid of it would open railway lines. It has not done so. The ideas, of vision and of any sort of plan or alternative. In people of Eastern Victoria Region share the deficiency contrast, the government is rebuilding a system that was in transport investment that is experienced by all run down by the opposition when in government. The Victorians. The road networks are the lifeline of rural system had been shut down and was being sold off. We communities. While we have some public transport are getting on with the job of delivering services; we services in that region, they generally follow the major are delivering upgrades. population corridors along the Princes Highway east and along the South Gippsland Highway to the South The appropriate step would be for Mr Koch to Gippsland region. There is an urgent case for improving withdraw this incompetent motion and then to do some our road networks upon which public transport services work and come to the table with a constructive, in the form of buses and taxis run. considered plan for a way forward. Let us use this chamber constructively on Wednesdays to engage with Many projects are needed, such as further duplication and work through issues rather than throwing up this of the highway east of Traralgon and improvements to sort of bland, hopeless motion. The Victorian public the highway in East Gippsland. We need duplication expects and deserves something better than a and upgrade of the South Gippsland Highway all the half-baked motion which offers nothing. way through to Sale. There is a desperate need for upgrades of some of our major arterial roads — for Mr HALL (Eastern Victoria) — I think 2009 brings example, the Hyland Highway which runs between with it a new Mr Tee. In 2008 he was a rather serious Traralgon and Yarram. There is a desperate need for character who put some thought and effort into his unsealed roads in parts of East Gippsland to be sealed; contributions. In 2009 it appears he is putting a bit of they include the Omeo Highway, highway no. 1 comedy into his contributions. Perhaps one would Victoria, its first declared highway, 27 kilometres of assess Mr Tee’s contribution today more as an audition which are not sealed. for the Melbourne International Comedy Festival, because the absurd claims made certainly had us on this I want to speak about train services. It is true that side of the chamber in somewhat raucous laughter. V/Line, like the Met system, has experienced many cancellations of services, particularly in the last few I find it very amusing that Mr Tee continues to claim on weeks. As I said before, governments are finding all behalf of his government that it is not to blame for sorts of excuses for those cancellations. Yes, we have a anything, let alone the existing public transport crisis in rail service operating between Melbourne and Victoria. He says, ‘We blame the weather, we blame Bairnsdale, and the Treasurer’s interjection suggested climate change, we blame the unions, we blame that the government has been reopening that line. Connex’ — and he blames everybody except the government. I say to Mr Tee and his colleagues that Yes, I am the first to concede that this government has 2009 is the 10th year they have been in government. reopened the Sale to Bairnsdale section of that line. I When are they going to accept some responsibility for put that on the record. This government also made an their actions and for the failure of systems in Victoria? election promise to reopen the Melbourne to Leongatha It seems never, and the people of Victoria simply say rail line. In 1999, 2002 and up to 2006 it was still on the the excuses have run out. There are no more excuses for books. The fact of the matter is the government has their performance. broken that promise to the people of South Gippsland PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

76 COUNCIL Wednesday, 4 February 2009 and has now committed itself to never reopening that was drawn this way and it seems to be no more than a design line. error by the graphic artist. That is the integrity of the transport plan. I would have People are unable to book luggage through on all the thought if Mr Tee and the others were lauding this plan Sprinter services which operate on the Gippsland line. as so magnificent, that it would at least be accurate in If a group of elderly people travelling interstate would its presentation, but it is certainly not so. Mr Baalman like to catch the train at a convenient time in Morwell goes on to say this: with their luggage booked through to, say, South Australia to connect with an interstate train, they are not But it is worth you knowing that there is real congestion for able to do that on these new services. Do not tell me the limited tracks over the ‘viaduct’ which connects Flinders that these new services are the be all and end all! Yes, Street and Southern Cross stations. Of the 6 tracks, 4 are they suit some people fine, and I have no problems with dedicated to the 4 underground loop tracks and the remaining two provide only around 18 trains an hour in capacity (in each that, but there are some areas this government needs to direction). It is this limit that plays a big part in the need for tackle to improve that service, and the inability to book additional city track capacity represented by the metro luggage through to distant destinations is just one of Melbourne rail tunnel project. The plan has committed to the those. northern half of this project (Dynon to the Domain), and the later addition of a southern tunnel connection leading out to This government has also refused to continue with Caulfield is also envisaged. If that tunnel were ever constructed, it would provide a major increase to capacity for some smaller bus services, and I am talking particularly all the south-east suburban lines, including the V/Line about the bus and freight service which operated services running to Traralgon. between Bairnsdale and Buchan. This government has axed that service. People in East Gippsland have As I said, that is helpful information for us, and it precious little access to public transport services should be helpful information for the government as because this government was prepared to axe the only well, because indeed there are problems within the one they had. metropolitan system that impact on V/Line services running into Melbourne. Until we have dedicated tracks I want to make a quick comment about the transport for those services from the north, the east and the west, plan that Mr Tee so enthusiastically lauded. One of my then we are always going to have difficulties in the constituents from Traralgon, a lady by the name of timetabling of trains running in and out of country Jenifer Whitwam, had a very careful look at that and Victoria. noticed that the transport plan, published in 2008, had the Traralgon to Gippsland trains stopping at Flinders I promised my colleagues I would not speak at length Street station. Country services have traditionally today, and I will adhere to that, although there are a lot stopped at Spencer Street — now Southern Cross of other issues about public transport that I could station. Why? Because from Southern Cross they can comment on. The government now needs to start connect to other services, whether they be bus or further accepting some responsibility for the limited delivery of rail services, to take them interstate, to other parts of many of its services, and I am afraid public transport is country Victoria or onto the Met system. just one of those. Unless this government pulls its head out of the sand and is prepared to stand up and accept She was very vigilant in her examination of the responsibility for its actions, then it will stand transport plan and noted that according to the chart condemned. Therefore I strongly support this motion. I provided, the Gippsland services would now not go thank Mr Koch for bringing it forward, and I plead with through Southern Cross but would, as I said earlier, the government not just to ignore it again but to do stop at Flinders Street. She wrote to a few of us and something about it, because the government can have also to the Department of Transport about it, and I no more excuses. commend her on a letter to Malcolm Baalman at the Department of Transport. I also commend Mr Baalman Mr BARBER (Northern Metropolitan) — This for replying honestly to that letter from my constituent. motion is nothing more than a BGO — a blinding He says in his reply: glimpse of the obvious — and does little more than remind us of what was in last week’s news. On this The Victorian transport plan does not aim to make detailed issue I would have thought the Liberal Party would service operating decisions. There is no proposal in the plan have been almost permanently in hiding, not just for to change the running of the Traralgon trains away from Southern Cross station. what it did in the 1990s — I will come back to that in a minute — but for the set of policies on this issue which I guess that you are looking at the chart on page 65, which it took to the 2006 election. does indeed show the black line representing the Traralgon line stopping at Flinders Street. I have asked why the chart PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Has any member had a look at the Liberal public up extra bribes, to keep essentially the same group of transport policies from the last election? They are still operators and avoid the government having to take the on their website. It is a pretty thin document. The two terrible step of bringing the system back in-house, big things they seemed to be planning were grade which from the government’s ideological position separating Springvale Road and buying some more would have been almost impossible to swallow. trams. So any claim that they saw this coming and understood the importance of public transport, let alone That gives us the system we have got today. While I am the looming problems, is ruled out by what they were pretty confident that I understand the root causes of the prepared to put forward only two years ago. It was failure, I am not at all able to shed any light on the more never on their radar screen. That is why this motion proximate causes that have been talked about over the contains no alternatives, no way forward and no last week, including ‘It’s the air conditioners’, ‘It’s the analysis as to how we got into this problem. They are tracks’,’ It’s the sleepers’, ‘It’s the heat’, ‘It’s the simply setting themselves up as commentators or unions’, ‘It’s congestion’, ‘It’s patronage’ and ‘It’s the perhaps reporters on the story. Australian culture’ — and that last one was an amazing intervention by the head of the department to actually Honourable members interjecting. suggest that Aussies, being too laid back, could not accept the rigidity of a Swiss watch style train system! Mr BARBER — I am getting some support from the government for the first time today, possibly for the There are just excuses and finger-pointing in every first time in two years! direction. I bring those who want to try to sift through those back to the original proposition — that is, while This motion should have read ‘that this house believes the system is broken up and while responsibility is the root cause of the failure is the government’s spread amongst different unnamed businesses, that sort continuation of the failed Kennett government model of of finger-pointing can occur. But when someone is privatisation of public transport’ — or if it did not offer responsible for it, there is nobody to point the finger at. that explanation, it could perhaps have offered a better Minister Kosky got herself into this terrible muddle that one. she has been in for months — or years, really — now, where she constantly has to run semantics about where Now we have got Harry Hindsight, the world’s greatest the buck stops. public transport planner, Terry Mulder, the shadow transport spokesman in the other place, David Koch, I thought Harry Truman, a former President of the the mover of this motion, and all the others who will United States who had a sign on his desk saying ‘the pile in, saying, ‘Yes, we saw it coming’ and, ‘Yes, we buck stops here’, pretty much ended all those debates, understand, and yes, put us in charge and we will fix it’. and it simply became about what to do. We have not The original Kennett model that is being so disastrously got there, and even with the white-hot nature of the continued by the government set up different modes debate in the last week, we still have not got there; the and even different parts of the same networks as motion moved by the Liberal opposition does not take competing businesses — as if the invisible hand of the us anywhere near there. market or the creative destruction of capitalism, or whatever it was, was going to fix the public transport It would be rude of me to try to amend someone else’s system. general business motion. If I wanted to go that way, I would have moved my own motion, but I am proposing They must have had confidence in it because they set more practical measures. We had one earlier this up the franchisers to be paid according to some morning where I sought better information or at least to booming revenues and patronage that they expected know what it is that the potential bidders have been told those franchisers to receive within fairly short order. but which we have not been told. I will have more But at least one of the problems with that was the fact practical suggestions for the Parliament as to how we that they completely de-staffed the service, which can advance this issue. makes it hard to collect revenue, I would imagine, whether you are a train system or a Greater Union In terms of responding to the Liberal Party motion, cinema — I do not know how they would go on the clearly those who want to study the public transport honour system. system understand that it does not benchmark against any of the other properly operating systems — not in That put us into a fairly diabolical situation, which the terms of cancellations or running on time, not in terms government patched together to keep the system merely of safety or reliability and not in terms of level running simply by the addition of more money, topping crossings per kilometre of track. On almost every PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

78 COUNCIL Wednesday, 4 February 2009 measure you want to look at, when you compare it with doing city comparisons forever. All these arguments decent operating systems, ours falls down. Who can that are put forward about Aussie culture and come in here and claim again that the invisible hand of population density fall away because there is always a the market will fix that? city out there that has done it better than Melbourne. I believe, as many others do now, that it is actually the Australians are great travellers, and there is no doubt structure, the governance under which you decide to that Melburnians — even city Melburnians — use run your public transport system, that is most important trains a lot. As great world travellers they have been to when it comes to fixing the system and making it run to countries where the system works. Many people have expectations. been to London where they see a city with much more pressures to bear but with a much more functional There are models for this: Vancouver, Zurich and even system that does a lot more heavy lifting. Perth are often put forward as examples. In Vancouver there is a governing board of the public transport Mrs Peulich — There is much more critical mass system that meets in public and shares information with with population. the public. Can you imagine that? Can you imagine if the key decisions being made about public transport Mr BARBER — Mrs Peulich wants to bring and the key challenges that are being thrown up were population density into it. I guess she will bring forward being debated, discussed and decided upon in a public the examples. Copenhagen is pretty much the same meeting of those responsible rather than in the Fort density and expanse as Melbourne but with twice the Knox-like environment of a ministerial suite? Imagine public transport patronage. If another excuse is being still if those people were elected or appointed by elected brought forward as to why public transport cannot work local governments so that everyone across the city had in Melbourne — because we are so spread out — we a direct say and regular feedback in the performance of are making another further slide away from those individuals. responsibility. A paper by Paul Mees and John Stone, entitled ‘Putting The Liberal Party had no effective policy response at the public interest back into public transport’, puts the last state election that could have taken us further on forward a model for a best practice public transport this issue. I would guess they have not been diligently agency. It states: working away on a new policy platform in the last two years either. The proof of that was what was a real Some agencies (e.g. the Toronto Transit Commission) run exercise in democracy with Jon Faine’s live broadcast public transport services using their own staff and from Flinders Street station. The Minister for Public consequently have many employees. Others focus on planning, funding and marketing and leave the actual Transport was there, the head of Connex was there and operation of services to subsidiaries — various experts were there. The member for Polwarth in the other place phoned in. that is, in most part government-owned subsidiaries —

It was a very hot day and everyone had the acid put on or subcontractors. In Vancouver Translink doesn’t directly them. It was only then for the first time that some run any services: trains and buses are operated by subsidiaries; local minibuses — individuals were forced to account for their position or performance. What did Connex do? It blamed the that extend right out into suburban areas — union. It made the quite startling claim — a big claim to put out there — that 80 per cent of the faults that were by private subcontractors. occurring were due to some sort of sneaky union action. The ZVV in Zurich subcontracts rail services to the I would have thought that was a pretty big claim to Swiss Federal Railways. Buses and trams are have made. It would probably represent a breach of the subcontracted to local municipalities and, in rural areas, WorkChoices regulations of Julia Gillard, the Federal to the Swiss Post Office. Minister for Employment and Workplace Relations, if that was happening. I would have thought that was a Perth has a mixed model: the Public Transport serious claim to be making if you could not back it up. Authority runs the trains, but private subcontractors run Connex could not back it up. I think that question being the buses. For similar reasons to those applying to put out there is a big one that now has to be answered, jurisdiction, the best model for Melbourne is likely to initially by Connex who made the claim. be a small, lean agency in charge of planning, funding and marketing, with subsidiary agencies and, where We do not benchmark against other systems in terms of appropriate, subcontractors providing services. performance and overall success. You can keep on QUESTIONS WITHOUT NOTICE

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It makes perfect sense to me. It is supported by the vast same lessons, where it can, to train services? One majority of the public. It is supported by virtually reason is that the backbone of this transport structure is everybody except the Labor and Liberal members of the train system. Many business activity centres are on this Parliament. You will notice I left The Nationals train lines. Those that are not on train lines are likely to out, because I am not entirely sure they would not agree perform poorly in the future. I would have thought that with me. supporting those nodes with good tram and bus services would have been a priority. Despite the system just limping along the way it has been for decades now and at times collapsing Business interrupted pursuant to sessional orders. completely — —

Mrs Peulich — I am not sure the public would see it QUESTIONS WITHOUT NOTICE that way. Land tax: rates Mr BARBER — It is not about how the public sees it; it is how I see it. I am a member of the public who Mr D. DAVIS (Southern Metropolitan) — My uses it every day. I would like to see a show of hands of question is for the Treasurer. Will the Treasurer explain who takes the train or tram to work on a regular basis. to the house what mechanisms are in place for land tax payers to object to land tax valuations where valuations We are talking about the train system, and half the have changed or are incorrect? people on those trains use them to get to work in the Melbourne City Council area. The other half use them Mr LENDERS (Treasurer) — I thank the Leader of to get to centres along the way — that is, the 150 000 the Opposition for his question about the issue of land humans we are talking about. It was 10 per cent of the tax, which, as we know, is an annual levy on property population in the state seat of Mount Waverley, one I for about 4 per cent of Victorians — that is, on either an would have thought the Liberal Party was paying a bit investment property or a commercial property, not their of attention to. There is a constituency out there that own home, a farm or a charitable item. We know also does not particularly like it when their method of that the top rate of land tax was 5 per cent under the getting to work stops working. But we will see what is Kennett government — increased in legislation that on offer to them. Mr David Davis voted for — and has been brought down by this government to 2.25 per cent. We know Despite public transport limping along, there has been that land tax is there, we know that the Kennett some growth in patronage. It is nothing spectacular in government, of which Mr David Davis was a part, historical terms, but it is significant enough that on voted to increase it, and we know where it is. certain services — mainly trams and trains — at certain times the system very quickly becomes massively We also know that land tax is based on municipal overcrowded. valuations of land. Those municipal valuations go through a system which this government streamlined Despite some small service improvements to other recently to enable taxpayers to have a look at the routes that the government has brought forward, when valuation, both when the municipal evaluation is done you look around there has been massive growth in and also for the purposes of land tax. That area was ridership. There has been some improvement to the bus streamlined by this government and this Parliament in line that runs from Box Hill station to where the legislation that was passed either last year or the year Burwood Road tram ends — which is slightly before before. Knox City — and then runs out to the Ferntree Gully line. There is an example of a bus line that goes to three Above and beyond that, with regard to land tax we have major attractors. It starts at a train line, which is also a a situation where the State Revenue Office in shopping centre. It goes to the end of a tram line, it goes Ballarat — a great Labor government initiative to move to another shopping centre and then it goes to another half of the State Revenue Office to Ballarat — has a train. That is a textbook example of where you would call centre that deals with something like 20 000 calls expect service improvements to reap good yields. each year from taxpayers wanting information. The When you look at the ridership on that bus line, a small information they get from the State Revenue Office in improvement to late-night running has seen a doubling Ballarat is in relation to their rights and entitlements of patronage on that bus line. when they are levied with land tax. We know also that where hardship is experienced in paying land tax some Why does the government not get that vision, start to roll that out through all our bus services and apply the QUESTIONS WITHOUT NOTICE

80 COUNCIL Wednesday, 4 February 2009 discretion is always allowed for the commissioner of morning. This question is from the party that flogged state revenue. All of those elements come together. off the rail system and now wants us to spend more money — from the party that comes in here at every Land tax is a tax that is levied in every state in adjournment and every budget debate demanding more Australia. It is a tax that has been reduced on five expenditure and calling for less tax and no borrowing! separate occasions by this Labor government from the rates we inherited from the Kennett Liberal-Nationals Mr D. Davis interjected. coalition and particularly from the increases in land tax rates voted for in this house by Mr David Davis Mr LENDERS — They say, ‘We need a policy that towards the end of the Kennett government. actually says this is revenue’. Mr David Davis interjects about fair valuation. What this government has brought That is the regime in place. I look forward to Mr David in, unlike its lazy, tax-grabbing Liberal predecessors, is Davis’s supplementary question, which I imagine will a fair valuation system where every two years the be, as is the case with members of the opposition on municipal valuation — a consistent valuation — is put everything at the moment, based on populism. They into place. From there on, a consistent valuation is support expenditure in every area and oppose revenue predictably done every two years and used into the in every area. They clearly like red ink in the Victorian future. If Mr David Davis bothers to check with the budget. figures of the Real Estate Institute of Victoria about the median house price now versus the median house price Supplementary question at the time of the valuation, he will find they are roughly comparable. Mr D. DAVIS (Southern Metropolitan) — I thank the Treasurer for his response and the information on By all means let us have a debate about fair taxation. the call centre in Ballarat and the discretion that the Let us have a debate about an appropriate level of land tax commissioner has on these matters. I therefore services for the community of Victoria. We have that say to the Treasurer: is it not a fact that land valuations debate at election time; we have that debate in this for land tax assessment based on 2007 valuations are house every year when the budget comes up, but you now inaccurate and that, because taxpayers will pay tax cannot have it both ways. You cannot come into the on inflated and outdated valuations that exceed the house and say, ‘Cut taxes’, but then go out into the current true value of the property, the Brumby community and say, ‘We want more expenditure’. government will pocket a revenue windfall? Is this not the reason the government has removed the 50 per cent Without exception all 17 members of the coalition ceiling on land tax increases? opposition called for less taxation, more expenditure and no debt. They may believe in voodoo economics; Mr LENDERS (Treasurer) — Mr David Davis, as they may believe in the magic pudding and in la-la is common with the current opposition, seeks to be all land — and there were some good authors there, but things to all people, so I am responding to his question they were not economists — or they may just be as to the reasons for tax measures. kidding the Victorian community, promising to be all things to all people but being just economic wreckers. The reasons for tax measures are so that the state in a civilised society can provide the services required by its Planning: housing projects citizens, and all 17 members of the coalition opposition without exception got up in this house in the budget Mr ELASMAR (Northern Metropolitan) — My debate last year and demanded greater spending on question is to the Minister for Planning, Justin Madden. capital works, demanded greater spending on service Can the minister advise the house how the Brumby delivery and called for tax cuts. Labor government is taking action for Victorian families to create jobs and provide innovative housing Today the federal Leader of the Liberal Party and his solutions? deputy have called for opposing the stimulus package proposed by federal Labor. When this was advocated Hon. J. M. MADDEN (Minister for Planning) — by Ronald Reagan, George Bush, Sr, described it as Can I thank Mr Elasmar for his interest in these matters. voodoo economics. I would describe it as Baillieu la-la I know they are matters he always displays interest in land — the same thing. and enthusiasm for, so I appreciate the question. On the back of the Rudd government’s announcement Mr David Davis asks: why does this government bring yesterday, which no doubt provides national leadership in a particular tax measure? It brings in tax measures to in these turbulent economic times, the Brumby Labor deliver the services we heard about in debate here this QUESTIONS WITHOUT NOTICE

Wednesday, 4 February 2009 COUNCIL 81 government is also taking action to secure Victoria’s will be calling in any project where there is a clear, economic future. economic, environmental or social benefit, such as today’s $57 million Elizabeth Street Common Ground This morning I had the very good fortune to be with the public housing project, removing the roadblocks that Premier, the Minister for Housing — and I think even may be holding up good development projects already the Lord Mayor of Melbourne, the Honourable Robert in the system, calling in complex planning permit Doyle, was at the function as well. We had the great applications from councils that are gridlocked and also pleasure of attending that event because it marked the identifying projects early and working with councils commencement of the works on the $57 million and the proponents to achieve a quicker approval. Elizabeth Street Common Ground public housing project. Mrs Peulich interjected.

This is a very significant project. I would like to think Hon. J. M. MADDEN — It is interesting. We get that regardless of the politics in this place, this is a the empty vessels on the other side calling out as if project that could be endorsed by the opposition in the there is a problem with this, but it just shows the space same way it has been endorsed by the City of they are in, because currently there are of the order of Melbourne. 1876 pending planning applications before the Victorian Civil and Administrative Tribunal worth, I Mr Jennings — You would hope. understand, of the order of $1.3 billion. We want to work in partnership with VCAT to see how much of Hon. J. M. MADDEN — You would hope, but I that potential investment and jobs can be unlocked by suspect not. The project will create of the order of fast-tracking significant projects. 145 construction jobs, and it will provide of the order of 160 housing units for disadvantaged members of our Mrs Peulich interjected. community. It is a wonderful example of this government taking strong action and being decisive in Hon. J. M. MADDEN — I hear Mrs Peulich difficult economic times. It will provide economic and yelling out all sorts of objections. Before she says that social dividends for all Victorians. such action is Maclellanesque, can I just remind the opposition that it is not a replication of the As well as that, I want to pay tribute to Grocon, which Maclellanesque, Medici-type arrangements that existed has agreed to build this project at cost, which equates to when the Liberal government was in power. The an approximate $4 million contribution — one of the difference with this system is that we will conduct a most significant philanthropic contributions to rolling audit of projects where we can give priority to homelessness in this state ever, I believe, so I want to fast-tracking. That advice will be provided to me by the congratulate Grocon on that. department. The government will not, as the Liberal government did, play favourites and choice-pick these Anybody who has followed this project would be aware projects because it seems like a good idea at the time. that the model for this is the Common Ground approach That is the first point of difference. to public housing which has achieved excellent results, particularly in North America. That approach The second point of difference is that we will ensure recognises that disadvantaged people who are on the that we continue to have a transparent process and will brink of homelessness or are homeless need a stable concertina that into a short period of time. Thirdly, I and secure home environment first in order to get their remind opposition members, and they seem to forget life back together. As well as that, I called in this this on a regular basis, that we will notify the project so as to get it moving. I wanted to get it moving Parliament, as we have done, of the number of projects so that we could create investment and jobs so that they we have called in and give reasons and justification would flow more quickly and provide certainty to such based on the ministerial guidelines as to why those a significant project that would contribute such projects have been fast-tracked or called in. significant net benefit to that community. As well as that I remind opposition members, because I am pleased to inform the house that as part of a wider this was a vacant space when they were in government, strategy in this area to create jobs for Victorians and to that they were happy to see vacant spaces around town stimulate the Victorian economy, I will be working unless they picked one as a favourite. We know that in with my department to fast-track key building projects. the absence of any planning policy, guidelines or good It will be taking a multipronged approach. Once the process, then Minister Maclellan had no choice but to project has been identified, I will consider whether to unilaterally call things in. But we have good policy, take a range of options to get it moving more quickly. I QUESTIONS WITHOUT NOTICE

82 COUNCIL Wednesday, 4 February 2009 good plans, a good process and a good and sensible project the state has commissioned funds for, and we way of prioritising projects that will provide net are going through the process of people bidding to be community and economic benefit to the state. part of a public-private partnership to do it. Infrastructure projects are funded predominantly by the I remind the opposition and all members of the users of the system. There are obviously cash flow chamber that we guarantee to be transparent and to also issues in how a project of this longevity comes through, seek community views in relation to these projects so particularly when the procurement method is still out that people will not feel ostracised by a ham-fisted there and bids are coming in for it. It is not unusual at approach like the Maclellan approach to planning. Our that time for government, either through a Treasurer’s fast-tracking of key projects will build upon our advance or through other parts of the appropriation planning reforms. process, to allow money to go forward for the early works that are important, and for the money to be Mr Finn interjected. recovered later from Melbourne Water. There is Hon. J. M. MADDEN — I refer to improvement, nothing unusual about that. It is a form of procurement which Mr Finn would know nothing about. Continuous and cash flow that is sensible, and it is always reported improvement in the planning system and the reforms to the Parliament in the annual appropriation bill and we have introduced will continue to secure Victoria’s any of these other reporting movements that are going future. We will get on with the job to ensure that on. Victoria is the best place to live, work and raise a Clearly in a project of this magnitude and state family. significance the government will proceed to waterproof Water: desalination plant parts of Victoria, including the 70 per cent of the people in Mr Hall’s electorate who want action from Mr HALL (Eastern Victoria) — My question is government, so the water will come on line from the directed to the Leader of the Government in his desalination plant by the summer of 2010–11. His capacity as Victoria’s Treasurer. I refer the Treasurer to constituents want action, and this government is a reported request from the Minister for Water, Tim delivering on building the critical infrastructure the Holding, for an additional $61 million from within the state so clearly needs and for which those opposite have current budget to meet extra costs associated with been so clearly calling in the last week. Melbourne’s desalination project. Has the Treasurer Supplementary question approved this request, and if so, from where is the $61 million to be funded? Mr HALL (Eastern Victoria) — I thank the Treasurer for his confirmation that there is a Mr LENDERS (Treasurer) — I thank Mr Hall for $61 million blow-out on the desalination project. Will his interest, particularly in his constituents in the the Treasurer give a guarantee that Melbourne Water, Dandenongs, on the Mornington Peninsula, and in and ultimately its customers, will not be forced to bear south and west Gippsland, who will all be beneficiaries the financial brunt of this blow-out? from the desalination plant. In this time of climate change and uncertainty, with the cacophony of the Mr LENDERS (Treasurer) — Mr Hall has been a coalition call for action, I am delighted that Mr Hall is member of Parliament since the 1980s and has been the asking a question not just for the future of the 70 per Deputy President of this place and knows the cent of people in his electorate who will draw water procedures very well. I am disappointed that he took from the desalination plant but also for his my words out of context by talking of a cost blow-out. 3000 constituents who will get jobs from the What I said to Mr Hall is that the cash flow of these desalination plant. projects is a common issue in any form of infrastructure. There is nothing unusual about cash I am pleased that Mr Hall is interested in the flows. This is fully transparent. Mr Hall well knows, desalination plant, particularly as a member for Eastern having been in this house as long as he has and looked Victoria Region who represents all those people in at budget documents, that if he looks at the south Gippsland, west Gippsland, the Mornington appropriation bill, let alone at the five lots of reporting Peninsula and the Dandenong Ranges whom I know he every year, whether it be the budget information paper 1 cares for so much. on infrastructure or the appropriation bill itself, he will On the issue of the funding of a $3 billion-plus find that everything is transparent and accounted for. program, this is obviously a project on which the state has commissioned Melbourne Water to work. It is a QUESTIONS WITHOUT NOTICE

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Of course his colleague in the other place, the member house as to how the Brumby Labor government is for Benalla, Dr Sykes, or any of his coalition friends taking action to drive Victoria’s green economy and will be able to ask a question at the Public Accounts boost green-collar jobs against a backdrop of and Estimates Committee or ask me. There is no worldwide economic gloom? blow-out caused by what I am describing. What I am describing is a logical cash flow. Mr JENNINGS (Minister for Environment and Climate Change) — I thank Ms Mikakos for her Mr Hall also raised the issue of who will pay for this. question and the opportunity to talk about something This government is transparent. We will recover the that featured very prominently in the statement of costs of this water from the people who use the water. government intentions made yesterday, which is the That is what billing is about. If Mr Hall thinks there is a Victorian government’s commitment to drive an magic pudding and that the 70 per cent or 80 per cent of agenda which will see Victoria flourish with a green the people of this state who use this water are somehow economy and jobs into the future. or other not going to pay for it, then I would like to know who is going to pay for it. Mr Hall said in his Notwithstanding the impact of the global financial speech on the budget that we should spend more on pressures that all communities are confronting at this capital but we should not have debt. He also said we point in time, we understand that investment decisions should deliver more in services but cut taxes. I would that will be sustainable, not only environmentally but, like to know the magic ingredient which Mr Hall has most importantly, commercially, will be driven through discovered but which none of the other 186 countries the prism of using resources most effectively and has discovered. Perhaps he has got a bit of Juan Perón efficiently. in him and wants to print some money! Is that what he has in mind? In relation to the introduction of carbon markets in the years to come, we understand that when you apportion What we will talk about is sound financial management the price of carbon and drive to low carbon economies and delivering the infrastructure that is required going there need to be financial incentives to make sure that forward. It is worth noting today that our Prime we have sustainable development as a feature of wise Minister has offered $42 billion in a stimulus package commercial decisions going forward. The Victorian for which the states are to be the main agents of government understands this. We understand that in the delivery. Mr Hall’s federal leader — that man so in last year the Australian Council of Trade Unions in tune with farmers who comes from Wentworth in collaboration with the Australian Conservation Sydney — Mr Turnbull, has said no; he does not Foundation did a very important piece of work on green believe in stimulus. jobs. It estimates that over the next 22 years there could be somewhere of the order of 500 000 jobs created in a On Mr Hall’s point about how we are paying for it, it is green economy in Australia. interesting that Mr Taro Aso, the Prime Minister of Japan and of the conservative persuasion, believes in This may require some transition; it may involve some having a stimulus package. Chancellor Angela Merkel job losses in some industries which are not sustainable, of Germany, of the conservative persuasion, has a but there will be new jobs, and there will be a stimulus package. President Nicholas Sarkozy of requirement for retraining and skilling to deliver on France, a conservative leader, believes in having a these opportunities. This is an Australian phenomenon stimulus package. Not that I have ever quoted him notwithstanding what is happening across the globe. before in my life, but Silvio Berlusconi, the Prime The United Nations environment program estimates Minister of Italy, believes in having a stimulus package. that, in terms of environmental management, the global Also Stephen Harper, the Prime Minister of Canada, market is currently somewhere of the order of believes in having a stimulus package. I would say to $1.4 trillion worldwide. It estimates that that will Mr Hall that he should tell his federal leader to get out almost double to $2.7 trillion in economic activity per of the way, get on with the stimulus package and let annum by 2020. The potential for the green economy to some infrastructure flow to Victoria at less cost to drive jobs growth will be palpable in the Australian Victorians courtesy of the commonwealth Treasury. context, and the Victorian government wants to make to sure we are in the driving position in relation to this. Economy: green sector employment The Victorian government has already demonstrated Ms MIKAKOS (Northern Metropolitan) — My that through programs such as the industry greenhouse question is to the Minister for Environment and Climate program, which is now the EREP (Environment and Change, Mr Jennings. Can the minister inform the Resource Efficiency Plans) program, the ETIS (Energy QUESTIONS WITHOUT NOTICE

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Technology Innovation Strategy) program, which has the Treasurer inform the house how much stamp duty been driving investment in renewable energies and revenue payable as a consequence of the provisions of alternative technologies in terms of the energy sector, the Duties Amendment Bill 2008 has been collected and the Energy and Water Task Force, which has seen since 21 November 2008? the retrofitting of our citizens’ households. Over the last 24 hours we welcomed the interest in that program of Mr LENDERS (Treasurer) — I thank the commonwealth, which is investing significant Mr Rich-Phillips for his question, which I will take on money in retrofitting Australian households to make notice. In the end if the State Revenue Office expects sure they are more energy efficient in years to come. revenue collected to rise after a budget or whatever other new measures, it would keep citizens informed of The Victorian government understands there is good liabilities that may or may not come to it. In the Duties reason to be in this space. It has invested in green Amendment Bill there is a starting date for some of plumbing and more EcoSmart electricians over the last those things. I will have to take on notice whether any few years. We understand the importance of driving a revenue has been collected by the State Revenue Office skills agenda to make sure that we have people who are or not. capable of undertaking these new job opportunities. From the statement of government intentions made by Clearly the public policy on these matters is that the the Premier yesterday members should note that in the state has no capacity to legally collect revenue from coming year this agenda will be driven collaboratively anybody without legislation of the Parliament. That is and led by the Minister for Regional and Rural clearly the case. Obviously historically there have been Development, who is also the Minister for Skills and some practices where taxpayers are aware of things Workforce Participation, and me with the collaboration when there is a start-up date. I will take on notice for of other ministers and other departments. Mr Rich-Phillips his question as to whether the State Revenue Office has collected any revenue on the basis We will be driving this agenda in close collaboration of a bill that has not yet been passed by Parliament. with industry, unions, the investment community, academics, the community and environment Supplementary question stakeholders to make sure that we leave no stone unturned in trying to make sure that we seek out Mr RICH-PHILLIPS (South Eastern investment opportunities, the transformation of our Metropolitan) — I thank the Treasurer for his economy and innovative solutions to our environmental undertaking. I ask the Treasurer: what additional challenges and that we have the skills and talents to rise revenue was estimated to be collected in 2008–09 as a up and seize those opportunities right across the consequence of the amendments in the bill? Victorian community. We will leave no stone unturned Mr LENDERS (Treasurer) — I need to refer to my to make sure that in regional Victoria we pursue these exact notes from the department. My recollection is that options, whether they be in renewable energy or there is no revenue at all expected to be collected under through energy efficiency, environment management the legislation. This was simply a means to stop the services, building and construction or biomaterials in haemorrhaging of revenue that was resulting from terms of waste and resource recovery. These are areas changed practices. As I said in the house yesterday, we in which we want to work closely with the Victorian have seen a number of long-term leases — 200-year to community to drive this agenda. 300-year leases — involving a nominal sum of $1 a My colleague the Minister for Financial Services will year but with the first year of the lease attracting several be working assiduously to try to make sure that Victoria hundreds of millions of dollars being used as a blatant becomes the centre of the carbon markets within not method of avoiding taxes that any other taxpaying only Australia but also the rest of the Asia-Pacific citizen would pay. region. These will be the areas of opportunity for job The purpose of the legislation is to stop the growth in Victoria. The Brumby government is haemorrhaging of revenue. I am quite happy to get back unswervingly committed to seize opportunities in the to Mr Rich-Phillips now, at a Public Accounts and green economy and job growth for all Victorians in the Estimates Committee hearing, privately or through the years to come. house — in whatever form we take — to give him any Stamp duty: leases updated estimates, but the starting point is that this is not a revenue-raising measure. This is all about Mr RICH-PHILLIPS (South Eastern stopping the haemorrhaging of revenue. If we are Metropolitan) — My question is to the Treasurer. Will talking about individual transactions where stamp duty QUESTIONS WITHOUT NOTICE

Wednesday, 4 February 2009 COUNCIL 85 of the order of $22 million or $23 million is being new services and, more significantly, has just stopped simply by calling the sale of property a lease, announced 50 new jobs in this growing ICT area. Fifty then I will certainly argue at the appropriate time in this new jobs is an amazing achievement and a great house that that is something that we, as legislators, contribution to the people working there, but also at a should address. time when there is doom and gloom everywhere it is great that we have an Australian company creating jobs Information and communications technology: in Australia. government initiatives I could go on and give multiple instances of where ICT Mr TEE (Eastern Metropolitan) — My question is is going, but we need to know that in the last year — — to the Minister for Information and Communication Technology. Can the minister update the house on how Honourable members interjecting. the Victorian ICT (information and communications technology) sector is performing amid the turmoil of Mr LENDERS — Mrs Peulich might think 50 jobs the global financial crisis? is something to be laughed at. Fifty jobs are for 50 families one of the most significant things in those Mr LENDERS (Minister for Information and people’s lives. Communication Technology) — I thank Mr Tee for his question and for the privilege of taking, for the first Mrs Peulich — On a point of order, President, I time, a question in this house as Minister for would hate the minister to inadvertently mislead the Information and Communication Technology. Mr Tee house. I was not paying attention to what he was asked how the industry is performing, particularly in saying, because it is all codswallop. these difficult global circumstances, and I think there The PRESIDENT — Order! Mrs Peulich! are a few things to note first. ICT in Victoria employs 94 000 people. It is a large industry that over a period of Mrs Peulich — And his inference that somehow I time — the last 15 or 16 years — has had a strong focus was diminishing the importance of jobs for Victoria is from the Victorian government, whether it be the just rubbish. previous Kennett government or whether it be the Brumby or Bracks governments. All three governments Questions interrupted. have focused strongly on ICT as a niche issue for the state of Victoria. SUSPENSION OF MEMBER We have performed well as a state in bringing forward ICT as an issue. The house would certainly be aware Mrs Peulich that in the industry statement which was released by the Premier last year there was a lot of recording of where The PRESIDENT — Order! Mrs Peulich will ICT had gone and positive actions for where ICT would resume her seat. I have on numerous occasions had go in the future. Information and communications problems with Mrs Peulich refusing to recognise the technology brings in export revenue of over $2 billion Chair. I will no longer tolerate it. Every time she does to the state of Victoria, so it is a very significant it, I will remove her from the chamber. Mrs Peulich can industry. But ICT is also an industry that adds now go for 30 minutes. extraordinary value to the state of Victoria in many Mrs Peulich withdrew from chamber. separate areas that we often do not see or notice.

A Melbourne-based company called miRoamer has QUESTIONS WITHOUT NOTICE produced the world’s first in-car internet radio. It comes out of Melbourne, and it reduces costs extraordinarily. Information and communications technology: There are other companies that are flourishing in the government initiatives current environment. The Kilsyth-based arm of Radio Frequency Systems is exporting to country after Questions resumed. country around the world because of the extraordinary skills of its Australian workforce and its innovation and Mr LENDERS (Minister for Information and technology. We also have an amazing company called Communication Technology) — In Ballarat recently Tretecnic, which is an Australian company — much in IBM created 300 new jobs in the ICT sector at the the vein of what my colleague Mr Jennings spoke about technology park. The University of Ballarat’s Internet before — that is delivering environmentally creative Commerce Security Laboratory created another 9 jobs. QUESTIONS WITHOUT NOTICE

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And the Microsoft Malware Protection Centre created Victoria is under pressure to maintain the 1 per cent 20 research and development jobs. budget surplus. We are seeing data come in day by day, week by week, and this government reports five times a ICT is a growth area for the state of Victoria, and I will year to this Parliament with official statistics on how conclude my comments on ICT by referring to the our budget sector is going. I reported in mid-December massive investment Australia now has in broadband — in a midyear budget update, and I might add that I broadband initiated by the federal Labor government. brought it into the Parliament early so it would be under Broadband is to Australia today what the railways were the scrutiny of this Parliament rather than, as other in the 19th century or what some of the water governments — not naming any, like the Kennett infrastructure was in the early 20th century, when government — have done, burying it or hiding it from people like Elwood Mead from the State Rivers and Parliament. We bring out the information. Water Supply Commission had their great visions. The railway and water infrastructure projects — which this The federal Labor government yesterday brought out government is renewing — were the great new financial data, and the Premier said yesterday that infrastructure projects back then, and broadband is the this budget surplus would be difficult to achieve in the great infrastructure project of today. current environment but we are committed to an ongoing budget surplus. If Mr David Davis wants us to There are extraordinary opportunities, despite the pretend the world is not changing and not to admit that adverse global situation. Victoria is well positioned, our budget target is under pressure or that we and we have a great and growing industry that is maintained another target for nine years which kept the helping us now and will position us even further ahead rating agencies happy and built up a buffer in this when the world bounces out of the global recession. state — and I might add we exceeded it every year — then what I would say is that the Premier was being Budget: surplus honest in answering a question. He answered a question; it is on the record. I am not sure what Mr D. DAVIS (Southern Metropolitan) — My Mr David Davis is excited about. question is for the Treasurer. In November and December in his answers to questions in this chamber Supplementary question and in the December budget update the Treasurer repeatedly made a commitment to the maintenance of Mr D. DAVIS (Southern Metropolitan) — On the budget surplus at 1 per cent of revenues for each page 1 of the December budget update the Treasurer year of the budget forecast period. Yesterday the said: Premier ditched the government’s commitment to a 1 per cent surplus in each year, undermining the Despite the weakening global economic outlook, the Victorian economy is well positioned to meet the economic Treasurer’s budget promises. Was the Treasurer aware and financial challenges. in December that the 1 per cent budget surplus commitment was unsustainable, despite his assurances On page 5 he said: to this house at the time? These forecasts are consistent with the government’s target of Mr LENDERS (Treasurer) — We seem to be 1 per cent of revenue in each year. having a day of comments made by ministers and Is it not true that the Treasurer has covered up the government people being taken out of context. The deteriorating state of the Victorian budget for months Premier was asked yesterday, in the context of a and has failed to level with the members of the revision of federal GST revenue figures, where Victoria Victorian community and tell them the truth? stood on the budget surplus. He was asked a legitimate question by journalists — and I might say a far more Mr LENDERS (Treasurer) — What Mr David effective question, if I can comment so gratuitously on Davis is saying is absolutely untrue, but if we are trying what the opposition seems to ask here — about what to forecast how the economy is going to go and where the effect of a change in GST revenue would be on we will be in the future, the single most significant Victoria’s surplus. The Premier replied that these are action Mr Davis could take today would be to speak to very difficult and challenging times and we are seeing his feeble federal leader and say, ‘Back the stimulus the world as we know it change and we are seeing package and get on with the program’. If Mr Davis commonwealth revenue as we know it change, and wants to grow the Victorian economy, even he can under those conditions Victoria would be under help. All he needs to do is pick up the phone and say, pressure to maintain the 1 per cent operating surplus. ‘Malcolm, get with the program — help Victorians That is what the Premier said — and it is factual. boost the economy’. QUESTIONS WITHOUT NOTICE

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This government has a sound financial record. The interested me on each of those occasions is that when position of this government is better than that of any you talk of Melbourne as being the centre of 70 per cent other state in this great commonwealth. This of funds management for pensions in Australia — and government is committed to a budget surplus. It could Australia has the fourth-largest pension investment be even better if Mr Davis picked up the phone and fund in the world — — said, ‘Malcolm, Julie — get with the program’. Mr D. Davis — Where is the financial services The PRESIDENT — Order! I remind both sides of plan? the house that I consider it inappropriate to refer to members of Parliament, either here or in other places, Mr LENDERS — If Mr David Davis listens, he by their first names, particularly leaders — whether might learn something. We have that significant they be premiers, leaders of oppositions, the Prime employment here, and when you go anywhere in any Minister or whatever. I would like the house to reflect developing or developed economy and you say that this on my comments. country has had compulsory private pensions since the mid-1980s — a great initiative of the Hawke-Keating Mr Viney — On a point of order, President, government and the trade union movement — and that Mr Lenders began answering the question before I had we now have the fourth-largest pension investment a chance to raise this point of order, but in relation to fund on this planet, you instantly get people’s attention the question from Mr David Davis I believe his as to what this means. question breached the rule under standing order 8.02, ‘Rules relating to questions’, point 1, 6(f), which says It is interesting to take up the interjection, ‘Where is our that questions should not contain: plan?’. On 2 October 1988 a great Victorian said:

reflections upon persons whose conduct may only be Sydney is where most of the financial operations now occur, challenged on a substantive motion. so there is no point in trying to deny the obvious. Mr Davis’s question made allegations of a cover-up by That great Victorian was one Jeffrey Gibb Kennett, the Treasurer, and I believe if Mr Davis wished to make then Premier of this state and Mr David Davis’s fearless that allegation in the house, it would have to be done in leader at the time. If we are talking about a financial a substantive motion, not as a reflection in a question. services plan for the state of Victoria, we have a plan that was more saying, ‘Let it all go to Sydney, because The PRESIDENT — Order! On the point of order, it is too hard to bring it back here’. I am not convinced that an allegation was made against the Treasurer or that he was accused of an inferred This state — this government — will move to bring cover-up, but I am willing to review Hansard to assess more financial services to Victoria. Part of my visit to that and more accurately respond to the point of order. I the United States of America and Europe, and the will do that at the first available opportunity. consistent theme — — Financial services: government assistance Mr Guy interjected.

Mr EIDEH (Western Metropolitan) — My question Mr LENDERS — Mr Guy should perhaps talk to is to the Minister for Financial Services, John Lenders. his colleague Mr Rich-Phillips, who admonished me Can the minister update the house on the contribution for not travelling enough last year and for not travelling of Victoria’s financial services sector in generating jobs as much as Andrew Fraser, the Treasurer of for working families and boosting Victoria’s economy? Queensland.

Mr LENDERS (Minister for Financial Services) — Mr D. Davis — What about the latest Australian I thank Mr Eideh for his question and his interest in the Bureau of Statistics data? financial services sector, which is a great sector that Mr LENDERS — Mr David Davis asked about the employs many thousands of Victorians. In fact the latest ABS data. I got a text message just before which financial services sector is the third-largest industry in read: ‘Retail spending up 3.8 per cent in this state’. Victoria, delivering more than 100 000 jobs. Why? Because of the federal stimulus package that his The financial services sector is anchored in a skilled party opposes. But we want to talk about data for workforce, highly developed technology and innovative Victoria. We need to find niches to build on our practices. I have been overseas three times in my financial services sector. We know we have invested in ministerial career, and one of the things that has the skills, and we also know, as Mister Jennings alluded to before, that as financial services minister I am QUESTIONS WITHOUT NOTICE

88 COUNCIL Wednesday, 4 February 2009 working to try to get the carbon trading markets here in question and her concern and consideration about these Melbourne. matters. It provides me with an opportunity to review her performance on YouTube about this matter, which I Carbon trading is something that the climate change thought was quite extraordinary. Perhaps she got a little sceptics opposite, like Mr David Davis’s leader, the bit carried away. She is standing in the majesty of a Leader of the Opposition in the other place, very nice tree, which she refers to as a majestic tree, but Mr Baillieu, who is a climate change sceptic, do not she probably got a bit carried away with her message. It believe in. Of course climate change is happening, and is probably something she might regret already and we now have carbon trading markets — depending on might regret even more by the end of my answer. what the federal Senate does. Presumably the amazing Greens-Liberal alliance will not hold on this one! But This is a significant issue. It is very important that the depending on what the federal Senate does, we could Victorian community has confidence that the Brumby have a CPRS (carbon pollution reduction scheme) in government will satisfy our commitments to protect Australia on 1 July 2010 — a carbon pollution old-growth forests that we took to the people in 2006, reduction scheme, a carbon emissions cap and that we will add to our reserve system and that we will emissions that need to be traded. appropriately account for our obligations under the Flora and Fauna Guarantee Act. I can very confidently At the moment we can go to Chicago for a voluntary say to the chamber and to the Victorian community that system that will soon become compulsory with the there is no malalignment between our commitments Obama administration being elected, we can go to and what is currently being undertaken at Brown London for the European market or we can look for a Mountain. market in the Asia-Pacific hub, which not only has a trading market but will also have all the legal and This year we will legislate to increase the reserve financial services. We are actually the centre — the system in East Gippsland by somewhere of the order of National Electricity Market Management Company is 41 000 hectares to include old-growth forests and here — for most of the regulators for the polluting iconic sites. That is something the Premier drew industries here. There are extraordinary opportunities particular attention to yesterday in the statement of here in Victoria. There is an opportunity for the government intentions. We will satisfy our commitment regulator. This is a growing market. These are to ensure that rainforest sites of national significance opportunities that Victoria can seize, whether they be will be incorporated in the reserve system and to create the carbon trading scheme or whether they be the linkages between various national parks in that region, pension funds — this is our plan. It is not a plan to say, and will do so in a way that will not lead to a reduction ‘Let it all go to Sydney, because it is too hard’, which in the availability of contracted timber resources or to was a Jeff Kennett response and is presumably still a job losses. We will try to get through the eye of the Victorian Liberal response. needle of those very onerous but realistic commitments that we took to the people. In response to Mr Eideh, Victoria has a strong financial services sector. It is one we will continue to work on, to As I have said in the chamber before, the Brown build and to grow. These are the clever jobs and the Mountain coupes in question have been part of a innovative jobs for the future. It gels perfectly with general management zone within the East Gippsland information and communications technology. This is forests for a number of years. In fact they were on a the future of Victoria. timber release plan as far back as July 2007. Currently work on further investigations of various flora and Timber industry: East Gippsland fauna matters has been postponed. That scheduling activity, which began in October 2008, is totally Ms PENNICUIK (Southern Metropolitan) — My consistent with VicForests’s opportunities and question is for the Minister for Environment and responsibilities under the Sustainable Forests (Timber) Climate Change, Mr Jennings. What steps is the Act of 2004. minister undertaking to verify the presence of rare, threatened or endangered species in the two proposed Early in January a number of issues were raised that logging coupes in the Brown Mountain area of East warranted some further investigation. Some of those Gippsland to ensure that any proposed logging there is matters have been raised by the East Gippsland not unlawful? environment group. Early in January it provided officers of my department with a crayfish that Mr JENNINGS (Minister for Environment and purportedly had been discovered at this mountain site. I Climate Change) — I thank Ms Pennicuik for her am pleased to say that whilst it had been assumed that QUESTIONS WITHOUT NOTICE

Wednesday, 4 February 2009 COUNCIL 89 this may have been an Orbost spiny crayfish, which is have been undertaken we will be happy to review them protected under the Flora and Fauna Guarantee Act — and to make decisions accordingly. in fact the group may have made itself subject to action under that act by handling such a creature, because it Ms Pennicuik’s faux pas relates to her YouTube may have led to its demise; it may have been subject to performance where, standing, she suggested that once enforcement provisions under the act — the good news this harvesting had occurred within the coupe the plan for its members is that it was not that endangered would be to burn it. That is correct, but unfortunately species but another species, the Bidawal spiny crayfish. Ms Pennicuik’s description was that farmers could So whilst this may have been quite a significant issue plant anything there, which includes potentially under the Flora and Fauna Guarantee Act — and I am planting wheat on this site. sure, President, that you are acutely interested in these sorts of matters — it is not subject to the revision of Ms Pennicuik — No, I did not say that. threatened species under that act. Mr JENNINGS — That is an extraordinary But there are other allegations of threatened species that proposition that she puts to the people who witness her may be located within this region. Despite the fact that YouTube performance. It is extraordinary that anybody there have not been any specific sightings of powerful in their right mind would want to plant wheat in this owls or sooty owls in the coupes in question, there are location. That is quite misleading, President, and I am allegations that they may have habitat within them. sure you would think it is pretty misleading, too. After That matter is currently being examined. the harvesting, at whatever stage it is completed, the forest would be regenerated as a mixed species forest, I report to the house that a number of flora and fauna which includes trying to maximise the potential for that surveys have been undertaken since the mid-1990s and forest to flourish in years to come in the future and to at no stage have powerful owls been found any closer grow as a mixed species forest appropriate to the area. than 8 kilometres south of the coupe in question, and no Any proposition that we are going to plant wheat there sooty owls have been found within 2 kilometres north is quite mischievous, and I think Ms Pennicuik has not of the site. If they had been found, in terms of the area done justice to her own cause by purporting that. of the radius of forest that would be required to provide buffer protection for these important owl species, it Supplementary question would be important to provide somewhere of the order Ms PENNICUIK (Southern Metropolitan) — In of a 300-metre radius around their nesting habitat. In answer to the allegation the Minister for Environment this instance it is 2 kilometres in one case and and Climate Change has made, if he actually listens to 8 kilometres in another, and we are looking to see what I said on the tape he will realise that it is that it whether there is any evidence of these species. would be replanted with a monoculture like a wheat The other species in question — the greater glider, the crop. yellow-bellied glider and the common brush-tailed The PRESIDENT — Order! Is this Ms Pennicuik’s possum — are important creatures; they are not supplementary question? threatened species listed under the act, but they are important nonetheless. I report to the house that in the Ms PENNICUIK — My supplementary is that the 500 000 hectares of forest in the region they are minister said, when he was saying that I said a wheat probably likely to be able to find a home somewhere crop would be planted — and it would not be; it is not within about 300 000 hectares. There is quite an area in what I said — that a mixed species forest would replace which they might be able to find a safe haven, and we it. That is not the usual practice. Is the minister saying certainly hope they find it. There have been purported that a mixed species forest will be — — sightings of these species within the coupe. The department has commissioned surveys of the species. The PRESIDENT — Order! Does Ms Pennicuik That took place late in January and again this week. If have a supplementary question? We are not entering those species are found in comparatively large into a debate here. numbers, some action may be undertaken in relation to the environment management plan associated with the Ms PENNICUIK — My supplementary question is: timber operations. But until that point in time, despite is the minister saying that a mixed species would be the enthusiasm of the environment group and planted there as regrowth? Ms Pennicuik, we do not have the evidence to say that Mr JENNINGS (Minister for Environment and work should not be able to proceed. Once the surveys Climate Change) — What I have told the house is that QUESTIONS WITHOUT NOTICE

90 COUNCIL Wednesday, 4 February 2009 this forest will be regenerated to ensure there is a state will obviously assist and facilitate. To put that into mixture of species that grow within this forest, and any context: on average that is $65 000 this year and next proposition that we will be growing — — year in maintenance of schools, including schools in regional Victoria. Again, for the 17 members opposite Mr Finn — What about corn? who called for funding for schools, the commonwealth Labor government is asking the Victorian government Mr JENNINGS — For Mr Finn, I rule corn out; for to help distribute $1.3 billion in school maintenance. Ms Pennicuik, I rule wheat out; and if anybody else For every school mentioned in the budget speeches by wants any other guarantees, I will guarantee what we those opposite, that averages $65 000 this year and will not be growing there. $65 000 next year, but their federal leader, Mr Turnbull, Regional and rural Victoria: government and their deputy leader, Ms Bishop, say no to Victorian schools. initiatives We have this esoteric debate over whether it should be Ms BROAD (Northern Victoria) — My question is tax cuts or handouts. I know where battling Victorian to the Leader of the Government and Treasurer, John working families would line up on getting a handout Lenders. Can the Treasurer advise the house how the from the commonwealth government now, when it is Brumby Labor government is working with the Rudd needed to help them meet their bills and stimulate the Labor government to stimulate both the Victorian and economy, versus their position on an esoteric debate Australian economies, especially in rural and regional about whether it should be tax cuts. Mr Turnbull and Victoria? Ms Bishop should talk to working families and ask Mr LENDERS (Treasurer) — I thank Ms Broad for whether they do or do not want part of the stimulus her question, but before I answer, I said to the house package. that I would get back to Mr Rich-Phillips on his earlier Going forward, the commonwealth wants to invest in question today as to the revenue measures in the Duties energy, with free insulation for all owner-occupied Amendment Bill. On page 148 of the budget update in homes, which would help Victorian manufacturers. It table A17 — and I have already drawn this to would help our homes, help the climate and help Mr Rich-Phillips’s attention — it says $1 million in the manufacturing. The opposition federally does not like current year and $2 million in each of the out years. it. There is $6.6 billion for social housing — In response to Ms Broad’s question about how the state 20 000 social houses. Ms Lovell was lecturing us Labor government will work with the federal Labor yesterday in this house about not doing all we could to government on a stimulus going forward, I say firstly to get housing built in Victoria. Her federal leader and his Ms Broad that we unequivocally and completely deputy are saying no to 20 000 social houses. support the initiative of the national government to Mr Viney — Why do they hate public housing? bring forward a stimulus to grow the economy and assist communities. Mr LENDERS — Why do they hate public housing? Mr Viney could well argue that question. Ms Broad asked about regional Victoria. We talk about a range of areas here: in primary schools alone the In community infrastructure across Australia there are commonwealth has committed to spending $14 billion 350 projects; 200 level crossings — $150 million. on education, including an upgrade of a library or a hall Mr Koch comes into this house on every second in every primary school in Victoria. From my memory adjournment and talks about the need to work on level of having been education minister, that probably crossings. His federal leader is saying no to level includes close to 1000 schools in regional and rural crossings, that it is not appropriate. Victoria. If we are talking about a library or a hall, we are with the commonwealth. We, the state government, We have $150 million on the table for regional road will facilitate that. We will provide the assistance we maintenance. What do Mr Turnbull and Ms Bishop need to through our department. But sadly, despite all say? ‘No’ to regional road maintenance. They should 17 coalition members opposite calling for spending on have been listening to the budget debate here. We have schools in their budget speeches, their federal leader, $500 million for community infrastructure — toilet Mr Turnbull, and his deputy, Ms Bishop, oppose it. blocks, streetscapes, you name it. What do Mr Turnbull and Ms Bishop say to that? ‘No, no way’; they do not While we are on the issue of schools, the federal like these sorts of projects. I could go on and on about government is committed to $1.3 billion in school what is being proposed for small business, what is maintenance over the next two years, which we as a QUESTIONS ON NOTICE

Wednesday, 4 February 2009 COUNCIL 91 being proposed for big business, what is being My answer to Ms Broad is that we have an proposed for municipalities, for state government, for extraordinary opportunity for cooperation between state schools — — and federal governments to stimulate the economy when every conservative world leader that I have Mr Guy — The public is over it! mentioned is advocating exactly the same project. We have that option: it stops this state stalling and it lets us Mr LENDERS — Mr Guy says the public is over build for the infrastructure of the future with great it. I would say to Mr Guy that if he thinks the public is programs, going forward. The only thing stopping it is over governments acting in a time when we need the federal coalition. What all 17 conservative members stimulus, then he is in la-la land. in this house can do today is pick up the phone and say, Finally, it is not just me, a Labor Treasurer in Victoria, ‘Get with the program and help Victoria’. who says stimulus packages are good. Colin Barnett, The PRESIDENT — Order! To tidy up the detail, the Premier in the Liberal-National-Independent clearly that part of that response put to rest Mr Finn’s government in Western Australia, is calling for point of order; therefore, there is no point of order. stimulus. But it is not just Colin Barnett. All 22 Republican governors in the United States of America have been in Washington lobbying their QUESTIONS ON NOTICE senators for a stimulus package, led by Sarah Palin from Alaska and finishing with Arnie Schwarzenegger Answers from California. Governor Schwarzenegger would say, ‘Hasta la vista, Baby’, and that is what I say to the Mr LENDERS (Treasurer) — There are leader of the federal opposition. 255 answers to the following questions: 1746, 2178, 2996, 3249, 3250, 3560, 3584–7, 3746, 3753, 3760, Mr Finn — On a point of order, President, I may be 3767, 3774, 3781, 3788, 3795, 3802, 3809, 3816, 3823, missing something here, but I fail to see what Sarah 3830, 3837, 3844, 3851, 3858, 3865, 3872, 3879, 3886, Palin and Arnold Schwarzenegger have to do with the 3893, 3900, 3907, 3914, 3921, 3928, 3935, 3942, 3949, upper house of the Victorian Parliament or the budget 3956, 3963, 3970, 3977, 3984, 3991, 3997–4004, 4015, or the Rudd government stimulus. I think there is a 4022, 4029, 4036, 4049, 4056, 4063, 4070, 4077, 4084, question of relevance at stake here. 4091, 4098, 4105, 4793, 5239, 5541, 5846–9, 5992, 6870–6946, 6959, 6960, 7263, 7265–8, 7270, 7272–5, Mr Jennings — What have you got against lunch? 7277, 7279–82, 7286–9, 7414–20, 8282–8309, 8658–8704.

Mr LENDERS — To take up Mr Jennings’s Sitting suspended 1.07 p.m. until 2.03 p.m. interjection, that could be quite a stimulus package!

The serious question in the point of order about what RULINGS BY THE CHAIR this has got to do with Victoria and the commonwealth is that at the moment we have on the table a $42 billion Supplementary question: admissibility stimulus package which Victoria will benefit from, will collaborate with and will assist with and which will The PRESIDENT — Order! Before I call the next dovetail with our work. That stimulus package — and speaker I am going to respond to the point of order this is an important debate — is being stalled because raised by Mr Viney prior to the lunch break, which there are those who question the value of a stimulus related to comments made in a supplementary question package. from Mr David Davis. Mr Viney claimed that the supplementary question was out of order because it was All those conservative leaders — whether they be the in breach of rule 8.02(f). I have before me the Hansard five national leaders I referred to before, the Premier of proof; the particular supplementary question referred to Western Australia or the 22 Republican governors in is as follows: the United States — share a view that stimulus packages are important, and that is useful for us. We Is it not true that the Treasurer has covered up the have a choice now: do we want members of this deteriorating state of the Victorian budget for months and failed to level with members of the Victorian community and Parliament and the federal opposition to be modern-day tell them the truth? Sir Otto Niemeyers or do we want them to support communities in going forward? My initial view was that it should be ruled out of order. I have given the matter due consideration and, given it was question time and that question time is likely to PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

92 COUNCIL Wednesday, 4 February 2009 produce robust debate, I am now of the view that it is at transport. That figure is bound to be up, and as you the margin. It was one of those that I could rule just in approach the central business district — or the city and or just out, but I have decided to rule it just in. near-centre conurbation — we know that that grows up towards 75-plus per cent mode share for public I use this as a timely reminder to members that they transport, and a large part of that is trains. need to be cognisant of the rules covering questions, supplementary questions, answers et cetera. As I say, The prosperity of that particular jobs node is integrally this case was marginal, but in the spirit of robust debate tied in with how that part of the city works, and that during question time I am ruling it in order. I am requires for its efficiency and functioning a highly particularly conscious of the fact that the Leader of the effective public transport system. If the Liberals want to Government did not take issue with the supplementary put a motion like this into the house, they need to be question. able to bring along with it something resembling a plan, a vision and an understanding.

PUBLIC TRANSPORT: METROPOLITAN Ms PULFORD (Western Victoria) — I am pleased AND REGIONAL SERVICES to make a few comments about notice of motion 2 moved by Mr Koch expressing serious concern about Debate resumed. public transport. I will restrict my comments mainly to matters of regional transport. I start by expressing my Mr BARBER (Northern Metropolitan) — There is serious concern about the failed privatisation by the a great deal more that I could say about public transport Liberal Party of much of our transport system, my but there is very little more to say about this motion serious concern about the closure of six regional rail because, as I said earlier, it simply represents another lines and my serious concern about the opposition of iteration of Labor and Liberal covering each other’s the Liberal Party to the regional rail upgrade. There is poor performances with excuses. still no apparent alternative plan. Mr Barber in his closing comments talked about a vision and a plan but I Finally, however, and perhaps to anticipate some of the am yet to see one from the Liberal Party. In fact, I think outrage that is going to come howling from the Liberal if we had not had a heatwave that caused serious benches — and by interjection someone else before interruption to our transport system last week the was effectively saying that because I am for efficient Liberal Party might be struggling for some new public transport, I am somehow pork-barrelling the material this week. inner city, which is my area of interest — I will just point out a couple of things. One is that while the inner The severe weather conditions of last week have not city — let us call it the zone 1 travel card zone — is been limited to Victoria. The extraordinary only about 20 per cent of the area of the city, it is where record-breaking conditions placed stress and strain on 50 per cent of the jobs are. So as an economic driver many Victorians, commuters among them, but it was and therefore an important centre for prosperity in this not limited to commuters. In some respects with state, it is pretty important that it works. That is not to regional rail we have been the victims of our own do with just some sort of simplistic electoral geography. success. There have been improvements to timetables and a massive improvement to the quality of the On that question of electoral geography it is the service. Combined with increased petrol prices and Liberals who have to explain why they have so little reduced train fares we have had an explosion of awareness and understanding of that same mentioned patronage on the services. Lo and behold, the trains area. I think they have only got a couple of seats within have become a bit crowded. I am a frequent user of the zone 1 — that would be Kew and Hawthorn. But if regional rail service and my experience of it is they expect to win government any time soon, it would incredibly positive. The trains are reliable, clean and probably require them to pick up a couple more, being comfortable, but sometimes they get a bit crowded. The perhaps Prahran and Ivanhoe — seats where the Greens government has a plan to deal with that massive 30 per vote is into double figures, approaching 20 per cent, cent increase in patronage. and where public transport ridership is very much higher. I will make a few comments about some of the government’s achievements with the regional public In terms of the fate of those commuters who are transport service. The flagship is the $750 million heading towards the city and near-city areas, we know regional fast rail service which runs to Ballarat, from somewhat out-of-date data that about 25 per cent Bendigo, Geelong and the Latrobe Valley. It includes of all trips during morning peak hour are on public some 40 new V/Locity trains and the resumption of PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 93 services to Ararat and Bairnsdale. The state government this commitment is for public transport. The invested some $133 million in a buyback of a government intends to deliver improvements for road, deteriorating regional rail network. As with many other rail, bus and tram users as well as improvements to instances of hasty privatisation adventures by the freight, and it will continue its program of developing Kennett government, no obligation was placed on the better connections that link our communities. new operator of the freight lines to maintain or upgrade them. It is one of the great misadventures of the The transport plan includes an additional 74 new Kennett government. This in turn led to a program of V/Line carriages to be added to the fleet, addressing the significant upgrades to freight rail lines, in particular the unprecedented level of demand for regional rail Mildura line, which is an important precursor to the services. Importantly for regional rail, the $4 billion restoration of passenger rail to Maryborough, which regional rail link, a critical element of the transport Maryborough residents will be delighted to start plan, will commence within a couple of years. enjoying within a couple of years. Currently regional rail services can experience a Regional rail users can now enjoy a remarkably bottleneck when they hit the metropolitan system. It is revitalised Southern Cross station with its the way in which the services interconnect that can award-winning architecture and much better spaces. I reduce the benefits of the improvements to the rail and have been catching the regional rail service in this state the trains envisaged in the regional rail project. The on a pretty regular basis for some 20 years. The change regional rail link is the missing ingredient in getting to Southern Cross station cannot be underestimated in those regional rail services right into Melbourne as improving the journey experience for regional rail quickly as possible and without disrupting the travellers. There are new train stations at Deakin’s metropolitan service. That link includes 44 kilometres Warrnambool campus and at Marshall near Geelong, as of track from west Werribee to Southern Cross station well as renovations that have been made to other via Tarneit and Sunshine. It will provide separate tracks stations. There are more regional bus services so that those two systems are interlinked in a much connecting people throughout Victoria, and these are more effective way. That bottleneck will no longer well integrated with our rail services. There are exist, and it will undoubtedly improve travel times for park-and-ride facilities throughout the state, and the those regional services. This is the biggest trains are refurbished on an ongoing basis. improvement to the rail network since the introduction of the city loop, which was some years ago. I have had the pleasure on a number of occasions of being involved in the community connections transport There will be the electrification of rail lines to Sunbury program, which provides alternative uses, frequently and Melton. There are many other elements of the for school buses during school hours, connecting small transport plan that affect Melburnians and those in parts communities to larger centres in Ballarat and Hamilton, of the state other than western Victoria. I know many to name a few. These services are very much members are very keen to express their views on this, appreciated and enjoyed by people, who can catch the so I will leave it to them to give descriptions of their bus at 9.30 in the morning and go to town for medical experience in their electorates. appointments, a bit of shopping, lunch with friends or a walk around town and then back on the bus in the early Additional V/Locity carriages are arriving on an afternoon before it returns to its original purpose as a ongoing basis. We are really proud of the regional rail school bus after 3.30 p.m. and takes the kids home. upgrade and those services. I remind the house that the Liberal Party ridiculed this program and never This is but one example of some of our creative supported it. The upgrade provides greater daily access approaches to providing a range of different transport to Melbourne for people from different parts of the options for people in all parts of the state — in our state. The service is fantastic and people are enjoying it small towns and small communities, in communities in greater and greater numbers, which is why we will that are quite isolated and otherwise not well connected further enhance it through the Victorian transport plan. to larger centres where essential health and education services are accessed by Victorians, and also in our The Liberals and The Nationals have an appalling regional centres. record on public transport. The privatisation of the service during the Kennett years and the shemozzle that The government has a vision and a plan in this area. was the freight rail privatisation are legacies that this The Victorian transport plan is a $38 billion plan to government has been dealing with for nine years. The revitalise the state’s transport infrastructure for both Liberal-Nationals government closed the Ararat line, it public transport and for road users. Sixty per cent of took away the rail passenger service to Maryborough, PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

94 COUNCIL Wednesday, 4 February 2009 which we are restoring, and it closed rail services to state, and I think that is what has to happen. You cannot Bairnsdale and in Gippsland, which the government has just criticise; you have to say what you are going to do. reopened. We had a fair bit of work to do to unscramble the omelette that we inherited in public transport in Ms LOVELL (Northern Victoria) — I would like to regional Victoria, but a great deal of work has been congratulate David Koch on bringing forward this done and there is a plan and a vision to further enhance excellent motion that highlights Labor’s 10 long years that. of neglect of our public transport system. That 10 long years of neglect reached a crisis point on Friday, Ms HARTLAND (Western Metropolitan) — My 30 January, when in excess of 730 out of the comments will be quite brief, because Mr Barber has 2000 Connex services and 40 V/Line services were covered a number of the concerns that the Greens have. either cancelled or, in the case of V/Line services, had Listening to the debate, I found it quite interesting that some replaced by buses. people were saying the Greens are only concerned with the inner suburbs. My electorate covers a huge area of This crisis has been growing. For some time the the outer suburbs. If you try to get to Caroline Springs minister has known about a number of things wrong by bus, it takes about 1 hour and 20 minutes from the with our trains. The first of those is the air conditioning. city. The bus goes once every hour, so it is not a The minister has known about the air conditioning fantastic service out there. problems since she became minister two years ago, but there has been no rectification of those problems. I Yes, Ms Pulford, the Melton line will be electrified, but understand that 92 of the 164 suburban trains have that is scheduled for 2017 — eight years off. The South problems with their air conditioning and that the air Morang community was promised in two, possibly conditioning in the V/Line locomotive haul trains is three, elections that they would get a station. I do not ineffective when temperatures go above 34 degrees. know that the people in Melton who have been campaigning for that for almost 30 years feel all that The problem with that is these trains are used on both confident about when it is going to happen. the Swan Hill and Shepparton services, where summer temperatures average well above 30 degrees; and it is I am also someone who uses trains most days. The not unusual to experience temperatures in the high 30s problems I see are not just very recent ones. In the two and into the 40s for many days on end, so those trains years that I have been in Parliament, I have caught the where the air conditioning is ineffective at temperatures train into the city two or three times a week. If I am not higher than 34 degrees are unsuitable for use in on a train at West Footscray station by about 7.10 a.m., northern Victoria — but the government continues to I cannot get on the train. use them in that region.

I think on at least 20 occasions I have been left behind A constituent contacted me and told me of her at West Footscray station with at least 30 other people experience on the Shepparton train last week. She said who simply cannot get on the train. That does not that when the train left Melbourne the air conditioning sound like we have an efficient system. Also a number was working in all four carriages. By the time it of these stations are quite unsafe because they are not reached Shepparton the air conditioning in three of the staffed. I and a number of other people do not use West four carriages was not working. In the area between Footscray station, which is near my house, at night Seymour and Shepparton it was well in excess of because the area has poor lighting, so these are the 40 degrees, and those commuters found the air in the kinds of things that need to be addressed. carriages absolutely stifling by the time they reached Shepparton on their long trip home. I also quite often catch the 216, the 219 and the 220 buses, but there are never any timetables at the bus Another problem that exists with our rail service is the stops, so you quite often will be standing there for heat restrictions on the rail lines. On hot days, whilst anything up to half an hour because you are not sure perspiration may run faster off the foreheads of when the bus is coming or if it has already come and Victorian commuters, our trains run slower. That is due gone. These really basic things need to be addressed, to speed restrictions that are placed on the tracks in hot but I also absolutely have to agree with Mr Barber weather. On cooler days the maximum speed for about this motion — that if the Liberals are going to put V/Locity trains in Victoria is 160 kilometres per hour; up motions criticising the government, they need to also Sprinter trains, 130 kilometres per hour; and have put up a plan. We have put together a plan of what locomotive haul trains, 115 kilometres per hour. we think needs to happen in public transport in this However, these speeds are lowered considerably on warmer days. Speed restrictions of 90 kilometres per PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 95 hour apply on all tracks on days when the temperature pattern on those hotter days has been to stop the 12.15 is above 36 degrees. p.m. and 1.15 p.m. Southern Cross to Bendigo trains at Kyneton. In other words, they run those trains short and On the Bendigo, Echuca and Swan Hill lines, these replace them with road coaches between Kyneton and restrictions apply on days above 33 degrees. The Swan Bendigo. Then people arrive at their destination at least Hill line runs through an area that experiences half an hour late, which means the service is slower extremely high temperatures, so heat restrictions are than the old train service was before this government often placed on trains on that line. I said the heat introduced the so-called fast rail — and which, by the restrictions apply on the Echuca line when it is above way, the people of Bendigo call farce rail. 33 degrees, but that is meaningless at the moment; it would apply if the Echuca line was in a good condition, V/Line also stopped the 2.15 p.m. Southern Cross to but because the government has failed to keep that line Eaglehawk train at Bendigo and replaced that service maintained, and it has a lot of maintenance issues with between Bendigo and Eaglehawk mostly with taxis. it, that heat restriction is meaningless because at all Occasionally a bus is provided but mostly they put the times an 80 kilometres per hour speed limit applies due passengers in taxis from Bendigo to Eaglehawk. The to the government’s lack of maintenance on it. 3.50 p.m. Southern Cross to Sunbury train becomes a bus again. As I said, people who choose to travel by V/Line has a section on its website that deals with heat train do not really want to travel in buses or they would restrictions. It tells you where they happen. It says that have chosen that option in the first place. They become all parts of Victoria had experienced heat restrictions cramped and are not very happy about being offloaded last summer. It says: from a train to a bus.

However the north and north-east parts of the state — Swan Taxis operate the sector between Eaglehawk and Hill, Echuca and Shepparton lines — where temperatures are regularly high, are usually affected more — Bendigo on the 4.25 p.m. service between Eaglehawk and Southern Cross, so someone wanting to travel from much more than other areas of the state. Eaglehawk to Southern Cross gets a taxi at 4.25 from Eaglehawk to Bendigo and then connects with the train It goes on to tell you what happens when a heat from Bendigo to Southern Cross. The 5.18 p.m. restriction is put in place. Those heat restrictions will Bendigo to Southern Cross service has become a road delay services by up to 30 minutes on affected lines, coach — a bus — on hotter days. Last week I was and some train services may also run short and connect talking to someone who regularly catches this service; with road coaches, so they do not run all the way to they told me that even the air conditioning in the buses their destination. The trains may stop at a certain part of has not been working. the track, where passengers have to disembark and board a road coach, but we know people who travel on People in Melbourne think it has been hot, but it has trains do not want to travel on coaches. They choose to been extremely hot in northern Victoria, where travel on trains because trains are faster, they have more residents experience temperatures above 40 degrees freedom to move around and they have more leg room. quite regularly. We had them all of last week, starting They do not want to be cramped into buses. If they did, earlier in the week than Melbourne. This week they would choose to ride on a bus service in the first Shepparton got one break where they had relief from place. the heat — it was 34 degrees. The very next day it climbed back up to 37 and 39 degrees, and we are What does this mean for commuters on the Bendigo expecting to again have 42 degrees on next Saturday. line? We all know that this government said they were Spare a thought for people in northern Victoria, who going to introduce fast rail to regional Victoria. For endure these heatwaves for longer periods than those in $80 million they were going to get this wonderful fast Melbourne. The Brumby government is providing them rail service. The final bill is at least $919 million, which with less than adequate trains on their services. is a blow-out of $839 million, so their costings are really accurate there! Other Bendigo services that are frequently affected are the 7.45 a.m. and the 1.38 p.m. Bendigo to Southern Cross As part of the proposal to have a fast rail service, they train services, which often become bus services. People reduced the track between Kyneton and Bendigo from are not happy with this because they were promised fast two tracks to one. A train running late in one direction rail. They got their slightly faster one-service-a-day affects any train running in the other direction, so they train, which is often cancelled and replaced with buses. will both run late. But on a typical day when heat It is not a good service that is provided by the Brumby restrictions are in place, V/Line’s standard operating government to the people of Bendigo. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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One also needs to look at the punctuality of trains on of the attention. V/Line is just as unreliable and also needs to the Bendigo line. V/Line has a 6-minute leeway before be held accountable. We are sick of the same old tired excuses for why our services are either cancelled or severely a service is considered late, but there is a monthly delayed. benchmark stipulating that no more than 8 per cent of … those services should run 6 minutes or more late — in other words, no more than 8 per cent should be late Last Wednesday night the 5.10 p.m. service to Seymour was trains. For the past 16 months the Bendigo line has not cancelled until around 6.00 p.m. That was after we had failed to meet that benchmark. So much for fast rail! been kicked on and off the train four times in the searing heat. We were then told to go and catch the 5.40 p.m. service — For 16 months more than 8 per cent of trains on that this was cancelled because it had a defective engine. We then line have run late, so slightly faster rail is code for watched as Bacchus Marsh passengers boarded our slower trains that never get there on time and are often ‘defective’ train and it pulled out of the station. We are sick of replaced by buses. A lousy service is being provided to being treated like idiots. the people of Bendigo. Last Wednesday I left work at 4.35 p.m. and did not arrive home until 8.40 p.m. after spending 2 hours standing at I shall go through other public transport experiences Southern Cross station scratching my head in 45-degree heat that have been reported on in the local newspapers in … as to how I was going to get home because we were not northern Victoria in recent times. The first is from the kept informed. Eventually, we were put on buses. Shepparton News of Friday, 23 January, which states: Our frustration would not be as bad if we were just kept informed of what was happening. Even if no-one knows, just V/Line was forced to replace the 1.00 p.m. train from tell us that instead of the silence that we normally get. Surely Shepparton to Melbourne with coaches yesterday because of it is not that hard. a fault in the electricity supply from the main engine.

The train would have to run without lighting or air Labor has failed Victorians on public transport. The conditioning in the carriages. Instead two coaches from minister has admitted that she is at fault and that Labor Shepparton replaced the service. V/line said the fault was not has underinvested in public transport over the 10 long connected to the extreme heat. years it has been in government in this state. John Brumby as Premier and former Treasurer must take It was a fault due to a lack of maintenance on that train. responsibility for this underinvestment. Victorian An article from the Border Mail of 29 January states: families are struggling to get to work on time, A Wodonga woman stranded on a sweltering Melbourne train struggling to get to school on time and struggling to get platform for an hour yesterday has blasted V/Line for not home again. This is all the state government’s fault. telling passengers why their train was cancelled. After 10 long years in government there can be no more excuses. Labor has failed the people of this state when There was no communication with the passengers it comes to the delivery of public transport services. telling them that the train had been cancelled. The Yarrawonga Chronicle of 14 January reports a classic: Mr LEANE (Eastern Metropolitan) — It would be A group of V/Line train travellers were left standing at the drawing a long bow for members of this chamber to station on Saturday morning when the 6.10 a.m. bus to refuse to agree that the weather conditions we Benalla passed through Yarrawonga well before the allotted experienced last week were very extreme. As we heard time. from the environment minister, last week we had three The passengers were left further confused after contacting of the hottest days in a row in Victoria’s history. The V/Line and being told that the bus had already passed reality is that extreme weather conditions will affect rail through … and power infrastructure.

That was 10 minutes earlier; the bus was actually Hon. M. P. Pakula — Snow will! 10 minutes down the line. V/Line told the Yarrawonga Chronicle that the coach ran to the wrong schedule and Mr LEANE — It will. Minister Pakula makes a it believed the coach went through before 6.10 a.m., so good point, which I was going to get to. London is those eight passengers had to be transferred by taxi to experiencing extreme conditions at the other end of the Benalla at V/Line’s expense. spectrum. It has had blizzard conditions which forced it to shut down its bus services, which are vital to its A letter I received from one of my constituents this public transport. morning certainly sums up the services last week. She states: Rail lines buckled in South Australia and in Western Australia, which forced the cancellation of services. I V/Line travellers seem to have been forgotten in the media have not heard the opposition in the West Australian circles through this whole saga and Connex is copping most Parliament calling the Liberal minister to heel because PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 97 of those extreme conditions. Hot weather will affect electronic systems, but they are very susceptible to power and rail infrastructure. Unfortunately we have to extreme weather conditions, especially extreme heat. face the fact that there will be extreme weather Similarly, one of the incidents that occurred on Friday conditions, as occurred in London and last week in afternoon last week was the power going down at Victoria — as a result of climate change. Flinders Street station, which obviously affected the services. I am a bit confused as to where the Liberal Party stands on this issue of climate change. I am not sure where its Mr Finn interjected. members are coming from. I know Mr Finn in one of his members statements last year stated that he believed Mr LEANE — Taking up the interjection, in climate change had been invented by ‘tofu-eating, relation to power, it is a bit rich for the opposition to latté-sipping, left-wing conspirators’. I cannot do it as harp on about the power supply — — well as Mr Finn — I am sure he added some better adjectives than those. He believes it is an invention of Mr Finn — What has the Premier said? left-wing conspirators, which amazes me because Mr LEANE — It is this government that has Mr David Davis as the opposition spokesman on the introduced the Basslink interconnector. It is this environment got up time and again last year and said government that has introduced a number of gas-fired this government is not doing enough when it comes to power stations. It is this government that has introduced climate change. I am not sure where the opposition is wind power stations and is currently introducing one of coming from — either there is climate change and the largest solar power facilities in this part of the Mr Davis is right in saying not enough is being done, or world. we should not be doing anything on climate change if we take Mr Finn’s point of view that it has been If we look at what the Liberal Party did when it was in invented by tofu-eating, latté-sipping conspirators. I government previously, we see that not one power find his position amazing. You have to admit there is a station was built. Even worse, when it comes to the rail problem before you can address the problem. network and its privatisation, there was not a linesman trained in Victoria for 10 years. That is a decade we Mr Finn — On a point of order, President, this will never get back. It is fortunate that the Bracks and motion, as I understand it, is about public transport, not Brumby governments came to power when they did, climate change, which the member is currently identified the fact that there would be a skills shortage speaking about and has been for quite some time now. and took measures to address it, or we would not have On a question of relevance, I ask you to bring him back had the personnel needed last week to get the systems to the point of the motion. back up in the time it took.

The PRESIDENT — Order! I am not convinced There is no standing back from the fact that — taking that Mr Leane’s contribution today is irrelevant. There away last week’s extreme conditions, which need to be is some relevance to the debate in the broader sense. held in isolation — Connex was responsible for too However, I remind all contributors of the need to be many cancellations in January, and it will be taking relevant to the subject matter. measures to address that, and so it should. The Mr LEANE — Thank you, President. I will move government has asked it to do that. As far as this on, but I want to reiterate that I find it amazing that motion goes, it is once again political opportunism on Mr Finn would take a position that is completely the part of Liberal Party members, and good luck to opposite to the one taken by his leader in this house. It them! comes to mind that it is similar to there being Liberal Mr DALLA-RIVA (Eastern Metropolitan) — To staffers working in the head office to put out an use a pun by referring to the motion, that was really off anti-Ted Baillieu blog. the tracks. That was totally elsewhere. Mr Leane spoke As much as we do not like it happening, we have to about solar power — — understand that extreme weather conditions will affect Mrs Peulich interjected. train services and power services in an adverse way. We have to face that reality, especially given that a lot Mr DALLA-RIVA — It was self-derailment; the of our systems have been upgraded from control tracks have buckled under that speech. And there was systems that relied on a physical relay-type system to no heat applied; it was just self-created. His speech an electronic switching system, which is obviously demonstrates the lack of understanding of the motion more efficient. You can do a lot more with the moved by Mr Koch. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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This is a sensible motion. It expresses serious concern. my diet, Mr Finn. But what has the government done? It talks about the mismanagement of both metropolitan Has it put any disabled-friendly trams there? No. It has and regional public transport services. I heard got the ones with the steps. It has put probably five or Ms Lovell’s speech, and then members on the other six stops along the Burwood Highway. It is not a huge side were talking about how great the system is. extension, but it is an extension; I will grant that. But Ms Pulford said we have never had it better. Then we people with a disability, people with prams and the heard Mr Leane putting forward every excuse — it is elderly cannot physically get on the trams; they are the weather, it is solar panels, it is climate change; he inaccessible. I have raised that issue also previously. So gave every other reason why the transport system is even when the government builds something, it still under enormous pressure. The only pressure he is under cannot get it right. This government has a long history is the fact that his preselection is coming up, and he of failure on major and minor projects, and that tram knows he is going to be dumped. line is one example.

Mrs Peulich interjected. Also, was any money allocated for continuing this tram line in the recently announced budget for the supposed Mr DALLA-RIVA — He might have changed; fourth transport plan? Of course the answer is no. other people have changed. My contribution will be People are still going to rely on the bus services to get brief, because we have other speakers and I am through to Knox City and elsewhere. The government conscious of the time. Part of the motion talks about the has snubbed and virtually ignored its own election impact of the mismanagement of public transport on promise. The people of Forest Hill, Vermont South and businesses and families and the state government’s the surrounding areas are missing out totally; the failure to maintain and renew critical infrastructure over government has sold them a lie because they thought its almost decade in government. We have to be they were going to get this tram line extension. mindful that the government has been in power for nearly 10 years. Wanting no more excuses is a fair If you rely on the bus service, you only need to read reason for this government to be voted out, because it what the member for Forest Hill in the other place has gives every excuse under the sun. said to know her views on the bus services for her constituents. In the Whitehorse Leader of 5 March last Mr Finn — We are sick of it. year she is reported as saying that bus hours are inadequate. The article states: Mr DALLA-RIVA — Rightly so, as Mr Finn says: the public is sick of the rhetoric. The public has had State government MP Kirstie Marshall has launched an attack 10 years of spin. We need only look, for example, at the against her own party for failing to supply adequate bus achievements of the former Premier in the period services. before he bailed out to see that. It is quite clear that very I have to say I agree with her on this point, but why is little had been done. I think we have had four transport she saying this to the papers? This is all the spin; that is plans. We are now into the fourth one under the second what I am getting at. It is about the spin rather than the Premier, and you really have to ask what has truly been substance. Rather than actually going into the office of done. the Minister for Public Transport and saying, ‘I need to I have raised here before the issue of a policy have the bus services fixed’, what Ms Marshall has announcement made back in 1999 when Labor said it done is go out to the media first and say, ‘It is would commit $19 million to extend the East Burwood inadequate, but I’m going to resolve it’. That was in tram route to the Knox City shopping centre, in my March 2008. Have we heard anything else? Absolutely electorate. If you go to the Knox City shopping centre, nothing. I think they had some sham of a forum in you will not find a tram, just buses. This is one of those Whitehorse with the member for Mitcham in the other examples where the government won a number of seats place, but I think nothing came out of what was simply on a promise which it failed to deliver. It is just one a talkfest. small but important example of the impact that that Hon. M. P. Pakula interjected. failure to deliver has had. I will concede that the government did extend the tram to where my office is Mr DALLA-RIVA — Mr Pakula, if there was on the Burwood Highway. going to be something to come out of it, it would have been in the announcement of the budget for the Mr Finn interjected. transport plan. Nothing came out of it, and the people in Mr DALLA-RIVA — I am in between Forest Hill, Vermont South and all the areas around McDonald’s and Pizza Hut, so I am very conscious of there again missed out. It means they have a local PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 99 member who is more interested in taxicab use and come up with a set of solutions that will actually mean dealing with the taxi industry than she is in dealing with something. the concerns of the bus industry and the trams in her electorate. We hear this line from the mob whose solution to the public transport system problems when it was last in It is an example of where the spin has overridden the government was to rip it in half and to tear it to bits. policy guidelines of the government, and I think it is a The shreds that were left were flogged off to the private shame that they have a local member out there who sector to run. It then comes in and criticises this occasionally visits Forest Hill — I think she might pass government for putting a system in place. One of the through on her way to the Yarra Valley or some other operators that had been put in place walked away, place — and who probably looks at the buses and says, leaving the state with a $1 billion problem — and about ‘They look inadequate. I might continue on my way’. two weeks to fix it up!

She should have been arguing to the transport minister Victoria has an opposition with absolutely no that she needs public transport to be fixed in that area of credibility on the issue of public transport, because it her electorate. I will certainly be agitating and does not care about it; it is not interested in public advocating in the electorate for better services than transport. Its record shows it has never been interested those that have been provided. The people in that in public transport, and its record shows by its absolute electorate are not going to be taken for granted by lack of policy now that it continues to have no interest members on this side of the chamber and by the in it. Mr Mulder indicated on radio the other day that he coalition. We are aware of the concerns they are facing, was not prepared to offer a single commitment to any and we are aware that working families in the area need piece of this transport plan — not one thing! to have some support; unfortunately that is not being made available. The first thing he said he was going to get rid of was the Domain Tunnel proposal. So much for Mr Finn on With those few words, I support what I think is a the other side, who bangs on about the western suburbs, sensible motion. I reject the notion by the Greens that it because at the first opportunity his transport is easy to come up with policy. In due course we will spokesperson is going to ditch all of this and chuck it all come up with policy. We are still a fair way away from out. He was not prepared to make any commitments to the election, and we will come up with policy in due any of this transport plan, and he had no alternative course, but we will not be directed by the Greens — or policies. by those on the other side who are policy bereft — to lay out our policy first. I remember in the last election campaign being at a public meeting — a meet-the-candidates forum — in Hon. M. P. Pakula interjected. Maffra, and Mr O’Donohue was at that meeting. In the lead-up to that election we were upgrading the rail Mr DALLA-RIVA — The simple reason, system for the fast rail service into Traralgon, and Mr Pakula, is that there are in excess of 45 policies that Mr O’Donohue had the gall to say at that meeting, we have already announced and which the government ‘You can’t get a train east of Pakenham at the moment’. has taken for itself; it has stolen them from us, then That was true. The whole audience cracked up with come out and said, ‘Look at our policies’, because it has laughter because they could remember when the no idea. We will release our policy in due course as we, Kennett government closed down the rail system; for a sensible opposition, should. We look forward to that seven years you could not get a train east of Traralgon. debate in due course. Then this government put in the money to bring that train line back into operation. Although the opposition Mr VINEY (Eastern Victoria) — I have to say the mocked it, this government invested in the fast rail opposition is not serious about this matter when it gets system as it has invested in the metropolitan transport Mr Koch to move the motion. system.

Mr Finn — That is not very charitable! Mr Finn interjected.

Mr VINEY — We did not have much of a Mr VINEY — What has occurred as a result of this contribution from the opposition — the old ‘beaten up government’s commitment to public transport? What with a wet lettuce’ trick — but what has been exposed has happened, Mr Finn? The people of Victoria have in this debate by the opposition is the complete and voted with their feet and bought the tickets, that is what utter lack of policy position, the inability to do the hard happened. work and the inability to think through a problem and PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Honourable members interjecting. system to fall apart in the way it did when the opposition was last in government, contributed in any Mr VINEY — I get the Gippsland train into way to increasing patronage? Melbourne. I catch that train regularly, and I can tell you it is a roaring success. The other side mocked the Mrs Peulich — What is the figure? government and said the fast rail system was not going to work. That was all nonsense and spin, and all the Mr VINEY — I do not have the figures, but I would other words you could use, but the people who use that love to see the figures for the patronage between 1992 train system do not think it is such spin, because they and 1998–99. I will research those figures before the use it to get to work, to go to their appointments, to end of the day, because since we came into government their medical appointments and for other transportation and in what we are accountable for, we have seen needs. They are doing it in droves. almost a doubling of the number of people using the metropolitan train system. Let us have a look at the facts. The patronage on the V/Line system over the last two years has increased by I have heard people talking about the overcrowding on 62 per cent. To break that figure down further, in the the trains, and that is all true; but, if you like, we have past 12 months the Geelong line has had a 20 per cent become a victim of the success of the system. increase; for the Bendigo line, a 26 per cent increase; for the Ballarat line, a 27 per cent increase; and the line Mrs Peulich interjected. that I use — the line the mob opposite closed down and Mr VINEY — Mrs Peulich, patronage has mocked us about — has had a 47 per cent increase in increased by 90 per cent since 1998–99. In fact now patronage in the last 12 months. about 1.5 million passenger trips are undertaken on the We have had a lot of wind from the other side about the metropolitan public transport system on an average metropolitan transport system. When it came into office weekday. The patronage on the public transport system this government found the Kennett government had not has skyrocketed and the government has been working made any commitment to the need to increase rolling to keep up with that public demand — and here it is in stock and certainly had no plans to source those from the Victorian transport plan. Victoria or Australia. We know Mr Mulder does not agree with any single With this government’s investment in the metropolitan thing in this plan. On ABC radio he told Jon Faine that rail system, between 2004–05 and 2007–08 there has he is not prepared to commit to any single item in the been a 39 per cent increase in the patronage of the Victorian transport plan. He is not prepared to commit metropolitan system. We came to office in 1999; from to the fact that of the $38 billion worth of projects in that time, 1998–99, up to today there has been an that plan, 60 per cent are for public transport; he is not increased patronage of the metropolitan rail system of prepared to increase the fleet capacity by 40 per cent for 90 per cent. In other words, under our government the the purchase of up to 70 new train sets; he is not number of people catching the train in the metropolitan prepared to commit to the 74 new V/Line carriages. He system has nearly doubled in those 10 years. is not prepared to commit to the $1.5 billion to procure up to 50 new, large, low-floor trams; and he is not Mr Dalla-Riva — Privatisation works. You have prepared to commit to the purchase of 270 low-floor admitted it with a 90 per cent increase. buses. That is what Mr Mulder means when he says he is not prepared to commit to anything in this plan. Mr VINEY — The success has come not just from the privatisation but from this government’s What a disgrace that the opposition would move a commitment to invest in the system. We have made the motion on public transport when its credibility on the investments in the system. issue is in tatters. It has no credibility on public transport. It ripped it to bits in government. Honourable members interjecting. Honourable members interjecting. Mr VINEY — On the other side the members like to scoff but let us just have a think about this — — Mr VINEY — It ripped it to bits in government, it flogged it off to the private sector, and even today it is Mr Dalla-Riva interjected. not prepared to commit to a single thing in the Victorian transport plan. Today even the Greens, who Mr VINEY — Would Mr Dalla-Riva like to explain vote with the opposition time and again, have indicated how closing railway lines, allowing the stock and the PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 101 that the opposition has no credibility on this issue, an situation of realising it is down the toilet in relation to appalling record on it and no plan for the future. public policy. It realises it has not done enough with infrastructure spending. Mr DRUM (Northern Victoria) — Mr Viney did not let us down; he gives us the same old claptrap every The fact about infrastructure spending is that over the time he gets to his feet. This motion is simply about last seven years Victoria has spent the least amount on responsibility. Mr Koch needs to be congratulated for infrastructure on a per capita basis of any of the states. bringing this subject before the Parliament for debate, Now we are in a global financial crisis, and the money because you cannot in all sincerity go through what we has run out. Victorians have every right to stand up and have just been through and effectively go about ask the government, ‘What have you been doing while business as if it never happened. That is what the Labor the sun has been shining? What have you been Party would like us to do — to resume parliamentary building? How have you generated greater productivity duties and pretend that what happened last week and when the money was flowing?’. The facts are that when the couple of weeks before it did not happen and that we look back over the past seven years we find that this what is happening this week is just not happening. The state, Victoria, has spent less money per capita on government we have at the moment seems unable to infrastructure than any other state in Australia. accept any sort of responsibility or blame or to actually do something about it. It cannot do that. That is why this government needs to hang its head in shame. It is just like turning up for a season of footy What is now commonplace every day on public 4 stone overweight. The coach in winter has got every transport in a Victorian summer is constant right to ask, ‘What have you been doing all summer?’. overcrowding and cancelled — if not cancelled, then That is what has happened here. We are getting ready certainly delayed — services. People are being stranded for action. It is really getting tough, and we have every in Melbourne. I do not know what the government right to ask this government, ‘What have you been intends to do about this. But on a hot night walking doing when you had the opportunity to spend some down to Southern Cross station it is now commonplace money on infrastructure and generate some to find that thousands of Melburnians who live in the productivity-producing projects right around the state?’. fringe areas, the peri-urban areas of Melbourne, have The answer is that unfortunately this government has to been stranded in Melbourne. Kids are being left in hang its head in shame. kindergartens waiting for mums to come and pick them up and get them home. Plans are having to be made Speaker after speaker is standing up and trumpeting the involving grandmas, uncles and aunties — somebody fast rail project. The fast rail project was an upgrade. out there within the 150-kilometre perimeter of We support that upgrade, but the government should Melbourne. People are trying to run their lives in a not try to hoodwink Victorians into thinking it is giving manner that they should not be expected to have to. us something that they have in Europe. It should not try Where is the government’s responsibility in this? to tell us that it is giving us the times it heralded when it Nowhere. put this project on the books, because it simply did not.

Mr Vogels — It is someone else’s fault. Mr Finn — It was a con.

Mr DRUM — Exactly, Mr Vogels, and that is Mr DRUM — It was a con, Mr Finn; it should not exactly what this motion is about. It is finally putting it be suggested that it was anything else. It was a badly before the government and suggesting that if it had one needed upgrade. We accept that many, many ounce of integrity, it might step up and accept governments — not just coalition, not just conservative, responsibility of some kind. Air conditioning has but many Labor governments — have refused to constantly been breaking down so that people have to upgrade Victorian regional rail for up to 100 years. This swelter for the 2 or 3 hours they are on the train. More government did the upgrade. But to suggest that it importantly, are we going to get a government that is delivered fast rail to regional Victoria is simply a lie. It driven by the so-called, self-proclaimed action man — I is deceitful. If this government wants to con the people think he now has — — of Victoria again, then it can perpetuate that lie — but that is all it is. Mr Vogels — Spam. After the fast rail, half the services coming out of my Mr DRUM — Spam is his nickname. It is getting area in Bendigo have been slower than they were ludicrous: a government can sit back and in effect do before. The problems associated with regional rail and nothing over a 10-year period and then get to the punctuality are all to do with what happens once the PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

102 COUNCIL Wednesday, 4 February 2009 trains hit the metropolitan system. From Bendigo, once I congratulate Mr Koch on bringing this before the you hit Watergardens the whole thing just goes into house. Every time we ask the government to accept chaos. If you happen to be on the Shepparton line, once responsibility it finds blame somewhere else. It finds you hit Broadmeadows it turns into chaos. Unless you blame with Connex. Its standard line has always been, are able to fluke your passage through the urban sprawl, ‘This has nothing to do with us; this is Connex’s you get caught up in it. Coming from Geelong, it problem’. There is no doubt that Connex is under happens at Werribee, and I think it happens down extreme pressure to leave the government out of this around Pakenham when you are coming from issue. There is no doubt about that. Connex has taken to Traralgon. blaming not only the government for the state of the infrastructure with which it expects Connex to do The government cannot address this lack of punctuality business, but it now also blames the unions. Eighty per and timeliness simply by upgrading the services in the cent of all the problems, all the ills we currently regions. The services in the regions are reasonably have, are the fault of the unions. Straight-up Connex is punctual. Once you get out into the country most of the doing everything it can to lambaste the — — services are able to maintain their timeliness. Mr Vogels — The poor old train driver. Now the pièce de résistance is the $38 billion plan to solve everything. Time and again the Treasurer in this Mr DRUM — I do not know whether it is militant chamber goes crook at the coalition parties because we unionism, but Connex is apparently trying to wage a happen to have policies in which we plan to spend war with the unions of this state to push the blame away $10 billion or $20 billion over 6, 7, 8 or 10 years. He from itself. This government has continually tried to lampoons this side of the Parliament because we have blame Jeff Kennett for this situation. The government plans that are too grand. Then all of a sudden this has blamed climate change and extreme weather. Perth government produces a $38 billion plan. Many of the gets much hotter days than Melbourne will ever have, projects will not even get started while half these and on a more regular basis, but the disruption to the ministers are alive. But it still goes along with the line Perth rail system is negligible compared to what we ‘That is in our plan; we have got that planned’. It might have here. be going to start in 15 years — but it is in the plan. I would like to think that a government with a Mr Finn — It is in the book. self-proclaimed action man at its front would have been able to learn from some of the more advanced countries Mr DRUM — It is a bit like Mr Finn’s speech around the world in relation to infrastructure and rail yesterday — ‘It’s all right, we don’t care about all that, travel at the cutting edge. If the government cannot but we can register your relationship’ — ‘We don’t care blame Connex, the unions, Jeff Kennett, climate change what the problem is; we have put in the $38 billion or extreme weather conditions, it tries to blame John plan, so it is covered’. It is not covered. This Howard, and we are a bit sick of it, as all Victorians are government has a deplorable record when it comes to sick of it. We simply want a government that will delivering on its promises. Of the $585 million in the acknowledge the problem and realise it has a lot of Regional Infrastructure Development Fund (RIDF), it improving to do. It has to spend a lot of money on has spent a little over $200 million. It has been going fixing up public transport. for seven years, and it has two years left to spend the rest. Once the announcement is made, government The government puts additional taxes in place in ministers have their photos in the paper and they stand relation to car parking, making it too expensive to take in front of the camera telling everyone what they are a car into town, and you cannot park it anywhere, so doing — and that is the end of it. They forget about there is no option but to catch public transport. Those of spending the money and creating the infrastructure the us who have been lucky enough to travel overseas and RIDF is in place for. use public transport in Rome, New York or Paris realise how simple it is — — You cannot expect Victorians to sit back and say that the $38 billion actually means anything, because with Mr Finn — Even in Sydney. this government we know it means absolutely nothing. It got the front page of the Herald Sun; it was able to Mr DRUM — Even in Sydney, which has as few as say, ‘It is in the plan; it is all covered’, but we know four or five train crossings. I will leave — — what really happens — that is, the delivery and implementation of these policies is off in the Mr Finn — They have a ticketing system that never-never and will simply be lost in the ether. works! PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Mr DRUM — Let us not get started on myki. Mr FINN — I was just making the point that Mr Viney had made a significant contribution to the Mr Dalla-Riva — Another great success. debate on this topic. He was much more on the topic than was Mr Leane, President, and you ruled that he Mr DRUM — The government will claim it as a was not in fact on the topic, and that is another thing success, don’t worry. It will be working on how it is altogether. Then we heard from Mr Tee, who proved to going to spin this so that when myki eventually gets up me once again just how wrong I can be, because I had and costs every man, woman and child $50 000, it will always thought, perhaps wrongly, that Mr Tee was a somehow claim it as a success or blame Jeff Kennett bureaucratic union man who was probably a bit dull, for the delays and overruns in the costing. Maybe it will maybe a bit boring, and did not have much to offer to be able to blame climate change. This government is anything or anyone. But he came into this Parliament expert at shedding the blame. Maybe Geelong Football today and had us rolling in the aisles. We had tears Club is to blame for myki as well. I will leave it there. rolling down our cheeks, we were laughing so hard. I Debate interrupted. never thought I would see the day when I would laugh so hard at Mr Tee. What Mr Tee has to realise is that he is no longer in the A team. DISTINGUISHED VISITOR We have had some contributions from the government The PRESIDENT — Order! I draw to the attention today which quite frankly it should be embarrassed by. of the house the presence of Mr Robert Cameron After what we have seen in this state over the past Maclellan, a former minister in the Assembly and couple of weeks, for members of the government to member for Gippsland West, Berwick and Pakenham. come into this house today and make the contributions they have made is a disgrace, and it should embarrass them. I have a news flash for members of the PUBLIC TRANSPORT: METROPOLITAN government. It is not unknown in Melbourne in AND REGIONAL SERVICES summer for it to get hot. In years gone by we have had — — Debate resumed. Mr Jennings — This is not as funny as Mr Tee. Mr FINN (Western Metropolitan) — It is great to see former Minister Maclellan in the gallery. That is Mr FINN — It is not as funny as Mr Tee, I must when ministers were ministers — — say. Mr Tee should have his own television show; he would kill them in the ratings. He is the funniest man in The PRESIDENT — Order! Mr Finn is not the Parliament; there are no two ways about that. referring to persons in the gallery, is he? We had a situation in this state last week where the Mr FINN — I would never do that, President, as public transport system absolutely fell to pieces. I had you would understand. Having listened to a couple of phone calls to my home and my mobile phone on speakers from the government this afternoon I could Friday afternoon and evening from people who told easily fill in my allotted time addressing some of the me — — points they raised. We heard from Mr Viney, to whom we have to give credit. He is out of the barriers, and he Mr Tee — They must have been wrong numbers. is an angry man. He has a great deal to be angry about. He is not a happy man at all. But let me assure you, Mr Jennings interjected. President, I am on Mr Viney’s side. He does not have to Mr FINN — The minister thinks it is funny, convince me that he would be a better minister than because he had a chauffeured limousine with air Mr Pakula. He does not have to come in here and put conditioning. He did not have to worry about a train on a performance, as he has done this morning and that was never going to come. He did not have to worry again this afternoon, to prove to me that he should be in about a public transport system that was not working. the ministry. I find that perfectly reasonable. He did not have to worry about that at all, because he The PRESIDENT — Order! I am conscious of the got into his car and his driver took him home. We can fact that Mr Finn has just started his contribution, but I understand why the minister can laugh; he is quite restate my earlier rulings about relevance. I am not sure happy. what relevance the member is drawing by a comparison For the government to use the weather as an excuse for between Mr Viney and Mr Pakula. what has been happening in this state is nothing short of PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

104 COUNCIL Wednesday, 4 February 2009 laughable. I have been around for a fair while now, a lot Party can blame the conservative parties; that is just not longer than perhaps it might appear, and I can assure on. The Labor Party has to take responsibility for the the house that over many years it has got very hot most situation that has arisen here because it is responsible summers that I have been around, but we have never for it. Labor Party members have to stand up and say, seen the sort of transport calamity that we witnessed ‘Yes, we have done this’. They cannot be like the last week. I have never seen, as we saw last Friday Minister for Public Transport in the other place, Lynne afternoon, the public transport system in this state come Kosky, and say, ‘Tell somebody else; tell somebody to a complete grinding halt. who cares’. I do not know why this minister is being paid. It is almost fraud to be giving money to the The government’s responsibility is to provide basic Minister for Public Transport for her portfolio duties. services. A public transport system is part of that basic She does not perform them. She is not much of a local service. The government has failed, the government member, either, so I am not exactly sure what she does, continues to fail, but government members come in but she is certainly not being a minister. As members of here and give us mush. After 10 years in government the government are aware, when some of them raised they give us mush. As Mr Drum said, they blame Jeff issues with her last year she was very quick to say, ‘Go Kennett, they blame John Howard, they will blame away and leave me alone; I just do not want to know’. anyone, but you will never find this crowd taking The people of Victoria are sick of that. responsibility for what it has not done — not what it has done but what it has not done. What we have seen Mrs Peulich — She enjoys the protection of the from the Labor Party in this state is 10 years of Premier. inaction. Mr FINN — She does enjoy the protection of the The Labor government took over in 1999; Labor Premier in a fairly big way, but the people of Victoria members rubbed their hands together and said, ‘We are are sick to death of that. They have had a gutful and in government; we will just sit back and cruise’, and they are not going to cop it any more. I cannot blame that is exactly what they have done. Over the past week them for being sick of a minister who does not give a we have seen what happens when governments sit back fat flying fox about her portfolio or the duties that she and cruise, and it is outrageous in the extreme for the should perform as a minister in this state. government not to take responsibility for what occurred in this state last week. I had phone calls last Friday, as I There has been huge growth in the western suburbs of said, from people who were furious. I am loath to say it, Melbourne, but unfortunately the transport system has but if they had got their hands on any member of the not grown with that population explosion. As I have government I fear what would have happened to that mentioned time and again in the house and will member. They were very angry. probably have to continue mentioning until we have a change of government, a large part of the reason it has Mr Vogels — Horsewhipped! not grown, the big problem, is the North Melbourne railway station. The station reached capacity a few Mr FINN — More than horsewhipped, Mr Vogels, years back. Even if we had the rolling stock, which we I can tell you that. People rang me and said, ‘Bernie, do not, those trains would not be able to get through the there are no trains on the Watergardens line; how are North Melbourne station. We urgently need at North we going to get home?’. Another person rang me and Melbourne a replication of what is at Richmond station said, ‘The Werribee line is buggered!’. They were his to give the people in the western and northern suburbs exact words. Another caller rang me using language the same access to the city on public transport that that was a bit stronger than that, but I will not go into people in the eastern and southern suburbs have right that, President, as I am sure you would not appreciate it. now. It is a matter of just giving the people in the western suburbs of Melbourne a fair go, and I reckon The bottom line is that people were roaming the streets that is a pretty reasonable thing to expect. of Melbourne last Friday night wondering how the hell they were going to get home because there were no There are many things that I could say about the public trains. The trains got them into town and then transport system. I could talk about how it is affecting abandoned them. The system had completely broken the western suburbs of Melbourne, how people are down. This government, like the minister, refuses point moving into the western suburbs of Melbourne and are blank to take any responsibility at all. then discovering there is little or no public transport. I could talk about the social problems it is causing to The Labor Party has been in government in this state have no public transport to large estates on the for 20 of the past 27 years, so it is not as if the Labor weekends, for example — from Friday night to PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Monday morning there is no public transport. Kids who experiencing weather that was a once-in-100-year are growing up in these estates are physically locked event, and I think he said it was the hottest week since into them because they have no way to get out, and of the 1850s, when records were first kept in our state. course they then turn to amusing themselves and that can only lead to trouble. Members of the opposition are petulant when they come in here and seek to dismiss the extremely difficult As I have mentioned, we have had almost 10 years of weather circumstances we experienced in our state late this government, and after that time all we have is a last week which had consequences not only for our public transport system that is an unmitigated disaster. transport system but also for our electricity supply and The government must take responsibility. There are no for people’s health. I know that as parliamentarians we more excuses. There can be no more excuses from this all sympathise greatly with the inconvenience and government, because after 10 years we can look around frustration our fellow Victorians experienced late last and see the disaster that this government has created. It week. Many of my family and friends were is about time it stood up and said, ‘Yes, we did this and inconvenienced, and I know that many of my we will fix it’. I will not be holding my breath. constituents were inconvenienced. I want to say to them that I am very sorry that they were inconvenienced. Ms MIKAKOS (Northern Metropolitan) — At the beginning of Mr Drum’s contribution he called for I think Mr Finn must have been watching a different set some sincerity in this debate, and I agree with him on of news programs to those I was watching, because I that front. saw Lynne Kosky, the Minister for Public Transport, say that she accepted responsibility. The opposition If we are going to have a sincere debate about public would have us take a wet lettuce to Connex and absolve transport in this state, we need to talk about what the it from its contractual responsibilities — a system it put government’s plans are — and I intend to do that — but in place under the Kennett government. We believe we also need to hear what the other parties’ plans are. Connex and other franchise operators need to perform What we have heard so far in the course of numerous to a standard, need to lift their game and need to contributions by members of the opposition is that they provide a quality service to Victorian commuters. They have no plan. have been penalised under their contractual arrangements for poor standards when it has occurred If members are going to come in here and have a cheap in the past. shot and in an opportunistic way seek to exploit the frustration Victorian commuters experienced last This side of the house has a plan to address the week — I will come to that in a moment — they need problems in the current system. Mr Finn talked about to tell the Victorian public what their plans are to fix the North Melbourne station. That is a station in my problems. They cannot just come in here and say that electorate, and I am pleased the government has the Victorian public transport system is no good if they recently established a new bus route from Melbourne have no vision as to how they would fix it. The and North Melbourne to Royal Melbourne Hospital, government has indicated that the events of last week which I know is proving to be popular with local were unacceptable. The Premier did that on two commuters. occasions during question time yesterday. He said he thought what had occurred last week was not Only last week I had the opportunity to attend the acceptable. The Victorian government has laid out a official launch of the new Clifton Hill rail bridge that plan — most recently in December last year — putting will mean that the bottleneck that currently exists in massive amounts of resources and funds to roll out a between Clifton Hill and Westgarth stations is major improvement to our public transport system addressed. I used to commute on the rail line every day across the state. when I was working as a lawyer in the central business district in Melbourne, and I recall how every day the We have heard the resident climate change sceptics on train would be held up over the rail bridge because it the other side of the chamber seek to dismiss the was a single track and the Epping and Hurstbridge lines freakish weather we had last week. When the air both fed into Clifton Hill station. I well remember the conditioning went off in my electorate office at least frustration and delays that caused. Did we see the twice late last week I had more than one opportunity to Kennett government do anything when it was in office reflect on the fact that I thought we were experiencing and Mr Finn was a member of this Parliament? Of hell on earth. I certainly hope we will not see this type course not. I am pleased that our government has of freakish weather occur again. It was remarked upon sought to address that bottleneck. It will mean that the by one weather commentator on the news that we were 60 000 passengers who travel on the Epping and PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Hurstbridge lines every day will benefit from the facing climate change, public transport is an area that additional rail capacity. This will allow more trains to will deserve much more consideration in the future. It is travel up and down the line when we see the extension important to people’s economic wellbeing — or of the Epping line to South Morang by 2010. example, many people cannot afford cars. Even some who can afford cars will be much better off financially I recall only too sadly that under the Kennett if they are able to use an efficient, effective public government, patronage declined to under 1 million transportation system. boardings per year. What we have seen in recent times is a massive explosion in public transport patronage. In Another consequence is that if we have a good public 2007–08 it was 201.2 million boardings per year, a transport system, the state government will be able to phenomenal increase. We know full well that the spend less on roads. Furthermore, the roads will be Victorian transport plan is a strategy to address that much better for the people who do use them. If we increased patronage on our public transport system. We could substitute some of the traffic that is presently on are serious about encouraging people to use public the roads with increased public transport patronage, transport rather than driving their cars to work or for then Melbourne would be much less gridlocked than it their daily errands. Our improvements with extra train is. In addition, a chronic problem that Australia has services and the rollout of the rolling stock that is faced for decades is our balance of payments. If we already under way, the improvements we have made to could reduce our reliance on imported petrol and if bus services and the extension of the rail lines to South people used public transport instead, that critical Morang and other parts of Melbourne and across the deficiency in our economy could be partly solved. state will significantly contribute to improving our public transport system in the future. Many of my A lot of our public transport system is in a disastrous colleagues on this side of the house have also talked state. The rail network has hardly changed since the about the improvements in regional transport. Second World War. There has been long-term neglect of public transport in Victoria, even though there are Rural and regional Victorians remember very well that aspects of the system which are relatively satisfactory. it was the previous Liberal government that closed down a number of regional rail lines. It is our Last week’s heat seemed to focus public attention on government that has set about putting those rail services public transport, particularly the buckling of the railway back in place and improving services through the lines. No doubt that is one factor in this motion being regional fast rail project. debated so vigorously today. On Friday, 30 January, after record hot weather, a lot of the rail lines buckled If we are going to have a sincere debate about public and many services were cancelled, as we all know. That transport in this house and in this Parliament, let us is a very rare event. Although most members of the have one that explores all the options, that explores the public would say we have to prevent that happening government’s performance to date, that explores its again, it may not represent the best investment in our strategies for improvements in the future and that also public transport if it is extremely expensive and that allows the Victorian public to hear what the alternatives cost is expended to avert a very rare event. are. In the several hours during which this debate has been going, there has been a deafening silence from A better example of mismanagement in our public members opposite about what they would do to transport system is the sale of trains by the government improve public transport services in this state. in Victoria some years ago. They were basically sold for scrap metal. An enterprising farmer far from This motion should be opposed. It is purely an Melbourne bought the trains, stored them on his farm opportunistic and political stunt. It has provided and then was able to sell them back when the absolutely no information to the Victorian public about government realised the mistake it had made. He sold what the Liberal Party’s plans are for public transport in them back for something like 50 or 100 times the Victoria. amount he had paid for them. That is really a clear demonstration of mismanagement if ever there was Mr KAVANAGH (Western Victoria) — I am one. pleased to make some brief comments about public transport in Victoria in relation to the motion proposed Ms Pulford said people are enjoying public transport in by Mr Koch. I am pleased because I think this is an greater numbers. No doubt the numbers are greater, but important topic. It is an important part of the state I do not think ‘enjoying’ is quite the right word. I do not government’s responsibilities. In addition it has think Ms Hartland enjoyed it very much when 20 trains important environmental consequences. If we are rattled past her in Footscray because they were too full PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 107 to take on any more passengers. I do not think people 9 years — and, come the next election, 11 years — in enjoy it very much when they are squashed into government. carriages like it is the Black Hole of Calcutta. Numbers are increasing but enjoyment and satisfaction clearly Ms Mikakos interjected. are not. Mr GUY — It has nothing to do with being a The motion mentions regional public transport as well. climate change sceptic; that is why the public will be You would have to say that at least the government has rolling up with their baseball bats for the government made an effort in the area of regional public transport. come the November 2010 election, because the The fact that there was a blow-out of, I think, 1200 per government still cannot accept that when you do not cent in the estimated cost of that regional public invest in the infrastructure of a public transport system transport is not to its credit, but at least it tried to it will collapse. provide services to people in regional Victoria. Not only was a lot of money spent that probably should not In 1939, when Melbourne went through a similar have been but also, as I mentioned in the house before, heatwave to what we have just gone through, the red services to parts of regional Victoria, including parts of Tait trains, which were the bulk of the suburban western Victoria — Geelong and Ballarat in network — in fact they were all the suburban trains particular — are still not satisfactory. operating at that time — did not come to a standstill or a halt; they did not have reduced speed limits; they did It seems to me as a non-expert that the challenge of not reduce their speed from 45 miles an hour to public transport is rather like maintaining a navy. You 30 miles an hour on the then Heidelberg line. They kept cannot wait until there is a critical incident to suddenly them running, because there had been investment in the build a navy. You have to invest a lot of money over a infrastructure. long period with very expensive ongoing maintenance to retain a naval capacity. I think it is probably much Unfortunately the Labor Party seems completely unable like that with public transport. You cannot wait until the to accept responsibility. I have heard some amazing tracks buckle and people get really annoyed to suddenly contributions from members opposite, even coming build a fully functioning, effective public transport down to the lines of Mr Viney and Ms Pulford, who system. It requires decades and decades of ongoing had the cheat sheets from the Minister for Public investment and maintenance, and unfortunately not Transport’s office, saying, ‘We are a victim of our own only this government but also Liberal governments success’. I am glad Ms Pulford is here at the moment as have not made those necessary investments. she went on to say later, ‘We lowered train prices and suddenly, lo and behold, the trains got a bit crowded’. Our public transport obviously requires big changes. Ms Mikakos said she had not heard any suggestions for Have they woken up and found out there is a sun, a alternatives or changes on the other side. I do not know moon, a sky? Yes, the trains are crowded. Where have whether she was including the crossbench in that, but I government members been for the last two years? It is am happy to report that public transport is among the quite astounding and difficult to believe the Labor Party major concerns of the Democratic Labor Party, and I is finally admitting that the trains are crowded. They are expect that in the near future there will be some exactly right; the patronage is up, because if they important and very good ideas for major, necessary bothered to look at the franchise agreements signed by changes coming from the DLP. the Kennett government, they would find that the majority of this patronage increase was predicted. Mr GUY (Northern Metropolitan) — I want to first of all commend Mr Koch for moving such an important It was there on paper — 40 to 55 per cent — but it was motion. I have heard some very interesting scoffed at by the Labor Party and shadow minister Peter presentations in this chamber this afternoon. They have Batchelor at the time, who said, ‘This is completely ranged from the interesting on this side of the chamber unrealistic. You are building these contracts up to get a to the ridiculous on the other side. I have heard the better price’, and those increased patronage predictions Labor Party blaming Jeff Kennett, John Howard, were similar but still slightly less. But they were there, councils, communities, the opposition, the media, so the government knew, because those documents are Connex, unions — and they are now blaming the still with the government today. weather! It is amazing how the Labor Party can find Those predictions of patronage increase were made in everyone else to blame except itself, and I would the late 1990s, but government members walk into this simply remind members opposite that they have had chamber without having done a skerrick of research about the facts. They are the government; they have PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

108 COUNCIL Wednesday, 4 February 2009 been in office for a decade but they had not a skerrick public transport in this state’, because not one of its of research to show that the predicted patronage members has researched their facts. They have got the increases were known. That information was known facts from Minister Kosky’s office — the minister who from the very start. I found it astounding that the Labor does not want to be there, and who has clearly rolled party is blaming everyone else but themselves. out some departmental spin to them, but it is not factual. If they want to have a debate on transport, they It is interesting that the Labor Party choruses its spin had better get their facts right. about all these trains it has ordered. In that respect a couple of minutes ago I had a look on the internet. Let us go forward and look at signalling. There are no Where did the trains on the Melbourne metropolitan rail votes in signalling, so of course the Labor Party has put network come from? Who ordered them? Some quick scant money into signalling for the last seven years. It and not difficult research showed that 118 Hitachi sets has allocated no money for upgrading signals in the were ordered as six-car sets. They were all ordered by Melbourne underground loop; had it done so, the loop the Hamer government; they were delivered by the then could have handled a train every 30 seconds, as does transport minister Rob Maclellan, who is sitting in the the London underground. The loop was built — lo and gallery at the moment. behold! — by the Bolte Liberal government with the aim of handling a train every 2 minutes. It was built to Also, 190 Comeng trains were ordered by the Hamer handle the trains that flowed through into the entire and Thompson Liberal governments; I think network. Mr Maclellan must have signed that contract, too. They were delivered from 1981 to 1988, so the Hitachis and The Labor government has had 10 years in power. By the Comengs were ordered and signed off by the the time of the next election, they will have been the Liberal government. Then contracts for the Xtrapolis longest serving Labor government in Victoria. To run and Siemens trains were put in stone — ordered and set around and say it is the fault of the weather is an out — by the Kennett government. Those 72 Siemens indictment upon the appalling performance of this and 58 Xtrapolis trains were ordered under a contract government for the last decade. set out by the Liberal government. What did the Cain Labor government order when it was in office? As to track work, there are no votes in upgrading the Nothing. Victoria got not one six-car set of trains for track, and you will note that the Labor Party’s way the Melbourne metropolitan rail network. around it, their spin around dealing with track upgrades or their failure to upgrade tracks is to say, ‘We have put We hear a lot about country trains. In 1981 the more services on the line’. What they are doing is Victorian country rail network had been the same as slowing down the trains, which was a tactic employed when rail travel originated in Victoria, but it was by the now completely discredited New South Wales revived in 1981, when the then — surprise, surprise! — Labor government. If you slow down the trains, fewer Hamer and Thompson Liberal governments, dare I say trains will run on time. ‘We have got people there to get it again, had a contract signed under the then transport in and out of the stations. We have this new timetable’, minister Robert Maclellan, who is still sitting in the they said. The fact that it takes longer to get from gallery, for a new deal for country passenger rail. At Heidelberg to the city now than it did in the 1950s is that time the Victorian Railways became VicRail, and astounding, but that is the fact. they brought in that funny orange colour for the trains and rejigged the country rail network. Again, even in my own area I have noticed when I go for walks at night, as my wife and I do, we cross over Those governments put in new services — 25 services the railway line near Northcote. You can see there the every week to Geelong, under the Liberal government, speed indicator which, for many years, showed 70 as ordered and delivered under the Liberal government. trains round the curve, actually north of Bell station; the When the Kennett government got in, for the first time speed limit for suburban trains travelling around that since the 1930s the Sprinter country passenger train curve was 70 kilometres an hour. The curve radius has speeds increased from 115 to 130 kilometres an hour — not been changed and certainly there has been no track the first time since country rail passenger speeds had work there, but recently the speed limit indicator been increased in this state since Harold Clapp ran the suddenly found its way down to 60. This is an example railways in the 1930s. That initiative happened under of how the Labor Party deals with public transport in the Kennett government Sprinter trains. Victoria: it slows it down.

I find it astounding that the Labor Party could walk into Ms Mikakos referred to the Epping to South Morang this chamber and say, ‘We have done everything for railway line. It is in her and my electorate. It is PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 109 interesting to note that she has raised this issue in the priorities of this government are shot. I simply say that chamber very few times in the two years I have been a the Labor Party cannot dupe the public any longer. The member here, and now the statement of government facts are lined up against this government. It has intentions has included a promise for that railway engaged in spin and fantasy, and it believes the world is extension for the third time. It says, ‘We are going to flat. Unfortunately government members are talking to deliver it!’. It is the government of gonnas — it is themselves because the public has woken up to the always gonna deliver it, but it never delivers it. The failings of the government, and it will be punished for it government promised to deliver the Cranbourne East in November 2010. railway extension in 1999 and it is now promising to increase electrification of the Melton line in 2017. Mr EIDEH (Western Metropolitan) — Leadership is about taking bold steps, especially on behalf of those Where will the Olympic Games be held in 2018 and who need help and support. This government is about beyond? We will be in a completely new world in caring for the electorate, caring for communities and 2017. The Labor Party thinks it will survive two caring for residents. That is exactly what the Premier, elections and survive recessions. Man will probably John Brumby, and the Victorian Labor government are have been to Mars by the time the Labor Party all about with the Victorian transport plan. This completes the electrification of the line to Sunbury. all-inclusive policy will deliver to the people of This is what the Labor Party is promising today. Victoria.

This government is ordering six new train sets. It is With a personal background in the transport industry, I astounding that they are being built in Poland. This is have never before been so impressed by a the industry minister responsible for Victorian jobs government’s transport initiatives that will strengthen presiding over the construction of new trains in Poland. the Victorian economy and build Victoria’s prosperity. It is funny because when the Liberal government was in There is a two-stage track action plan which will power the Sprinter trains were built in Australia, the remove thousands of trucks from residential streets in Hitachis were built in Dandenong and the Comeng Melbourne’s inner west and improve freight access to trains were, as the name suggests, built by the the port of Melbourne, including a new road link from Commonwealth Engineering Company, also in the the West Gate Freeway into the port of Melbourne. electorate of Mr Rich-Phillips and Mrs Peulich, in There will be new bypasses, better roads, improved Dandenong. networks, a comprehensive freight strategy, vastly improved regional and arterial roads and extension of The only sets ordered for the metropolitan rail network rail lines to new and developing areas. in the last 20 years are being built south of Warsaw. Victorian jobs, here they come! I am glad we have the The opposition wished to attack the government over Labor Party here for Victorian jobs. Is it any wonder we train cancellations that took place during the recent are predicting unemployment to skyrocket in this state heatwave, but could opposition members absolutely when we have such a commitment to Victoria from this guarantee that if they were in government there would government? never be 45-degree days and that trains would never ever again be cancelled? Of course they could not. The new transport plan that the Premier recently launched includes an extra railway line from Geelong The Brumby Labor government is committed to to Melbourne going via Tarneit. It is an interesting improving transport, and that is why we will spend over proposal because it will slow down the fast trains. The 60 per cent of the budget plan on public transport. That government is planning to do it on the cheap so that is about $23 billion for more trains, trams and buses, those trains will operate from the Geelong racecourse and more tracks and stations for better public transport section back up into the other suburban network at for all the people of Victoria — in city, regional, 115 kilometres an hour, less than the 130 kilometres an country and rural areas. This includes some 70 new hour at which they currently operate between the trains, 74 new V/Line carriages, 50 new trams and Geelong section and the Laverton loop. In fact we are 270 new buses. slowing down the fast trains that are supposedly being brought in under the new transport plan. As a result of the hard work of this government, in the past three years our trains have seen an increase of It is amazing that a new track can be built through a 40 per cent in passenger numbers. That is incredible. green wedge but the government cannot build a That is why the Brumby Labor government is totally 3-kilometre railway extension to South Morang through committed to the Victorian transport plan and its many a growth zone, the third fastest in Melbourne. The initiatives that will give all Victorians a better public PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

110 COUNCIL Wednesday, 4 February 2009 transport system, better roads, extended rail lines, new Mr Finn — And she’s not good enough! stations, more trains, more trams and more buses — a public transport system for today, tomorrow and for Mr RICH-PHILLIPS — I pick up the interjection many years ahead. That is also why the government is by Mr Finn, the minister is not good enough. We had working hard and cooperatively with Connex to ensure the Minister for Public Transport come out and say to an improved service with far fewer cancellations. commuters that on Friday the government was going to give them free public transport. I have to say that that is But coping with the weather is another issue, and little consolation if you live along the Cranbourne line, no-one can guarantee any service when the weather where every train was cancelled. reaches extremes that no system is built to deal with. No-one can guarantee that air conditioners will not Obviously the minister has become a bit too break down and motors will not burn out. The Brumby accustomed to being chauffeured in and out of her Labor government is working to ensure a vastly better ministerial office or she would have known that every transport system for all Victorians. Therefore I urge regular commuter who uses public transport on a daily members of all parties to support the policy and to help basis would already have purchased a weekly or give all Victorians a transport system that delivers good monthly ticket, so the token gesture of giving them free results. public transport last Friday was completely meaningless, topped only by the decision to give them Mr RICH-PHILLIPS (South Eastern free icy poles. The response of the minister and the Metropolitan) — I am pleased to rise and join the government to what happened last week is absolutely debate on the motion moved by Mr Koch this afternoon absurd. and support it on behalf of all the residents of the South Eastern Metropolitan Region who have suffered We heard a defence from Mr Eideh, and we have heard through the failure of this government to appropriately it from other members of the government, that the invest in public transport, most notably during the temperatures last week were unprecedented. Mr Guy events of last week. spoke about examples in days past when we had similar temperatures and the system continued to run, and The extraordinary thing about this debate has been Mr Finn made the very good point that it gets hot in listening to some of the defences put up by the summer and always has. government. We heard Mr Eideh’s defence and his claims about what the government has done and What we had last week was not the failure or continues to do. I say to Mr Eideh — who read through cancellation of one or two trains; we had the complete a list of train sets that the government claims it will buy breakdown of the system, something that has been and mentioned the figure of $23 billion as the building for years. We have seen this problem getting investment it is going to make — that the government worse every year for the last five or six years. A has been in office for 10 years. The government has had previous transport minister set a target of doubling the $250 billion in revenue over that 10 years with which to number of trips taken on public transport, yet when do something about the public transport system. To patronage increases the government turns around and come in the week after the system has completely says, ‘We did not expect it. We are surprised. The collapsed and say, ‘Oh well, off in the never-never in system is not coping. This is unexpected’. You cannot the next decade we are going to spend some money’ is have it both ways. You cannot have the previous absolutely ridiculous. transport minister saying, ‘We are going to double the number of trips on public transport’ and then say, ‘We On behalf of the residents of the South Eastern are surprised that patronage has increased and the Metropolitan Region — those residents who live along system cannot cope’. the Frankston line and had 154 trains cancelled over the last three days of last week; those residents along the Due to the lack of investment in the past we have seen a Glen Waverley line, who had 74 trains cancelled in the cut down in maintenance and there has been a last three days of last week; those residents along the consequential failure in the rolling stock and, as we saw Pakenham line, who had 89 trains cancelled over the last week, in the lines. All of this could have been last three days of last week; and those along the foreseen and ameliorated had the government invested. Cranbourne line, who had 129 trains cancelled over the Time after time the Treasurer comes in here and waxes last three days of last week and on Friday afternoon had lyrical about what he claims the government has every train cancelled — I say it is not good enough. We invested in infrastructure over the last 10 years, but I had the Minister for Public Transport last week — — ask the Treasurer and the rest of the government: where are the results of it? We certainly do not see it. The PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Treasurer is now counting filing cabinets and answered that of course it is and that many cities do, photocopiers as infrastructure investment. It is clear that and he then asked why we do not invest in track and he is not counting rolling stock and rail investment as rolling stock that works in the heat. His answer was — infrastructure. We have seen no improvements, and as a and this is what I emphasise — that the problem is that consequence the people of Victoria are suffering. it is not necessarily such a good idea.

Time and again we are lectured by the Treasurer, as we Firstly, he said the costs would be very high, a lot of were in question time today. He says, ‘The opposition our tracks would need to be ripped up and replaced and is calling for more expenditure. You cannot have it both each of our 1000-plus rail cars would need to have new ways’. What we are saying to the government is that it air-conditioning units, which would be a has had $250 billion over 10 years; it could have and $100 million-plus investment. He asked of us as a should have spent it better. We have not had sensible or society, as a community and as a government: is it efficient investment, and we certainly have not had the worth it? His conclusion, which I want to draw to the sort of investment in infrastructure that was required to house’s attention, was that while rail users might think keep the rail system running. it is justified, the fact is that historically on average the recorded number of Melbourne days of over 40 degrees We have seen the same situation with electricity per annum is only 1.2. Is it worth hundreds of millions generation, which is not in public hands, but that does of dollars to get trains to run reliably on slightly more not absolve the government of the responsibility to than one day a year on average? International cities that ensure that there is sufficient new generation and run trains in the heat have many more days of high distribution capacity to ensure that the lights do not go temperatures than Melbourne; their case for investment out every summer when it gets hot. These are serious is much clearer. systemic issues that have been allowed to roll on for a decade. The government has been caught short. The The point I am making is not to in any way say that government has had 10 years to address these experiences endured by commuters last week were problems. It has had $250 billion, and now there is no reasonable; they were not reasonable. But there is a reason for any excuses. Victorians deserve better. body of respected academic research and opinion that says this is the way the world is in Melbourne and we Mr SCHEFFER (Eastern Victoria) — There is no have to make choices about how much investment we denying that there are major challenges in Victoria’s put in for only 1.2 days a year over a protracted period public transport system. of time.

Mr Finn — Challenges. That is an understatement! This is why I opened by saying that there is no denying that there are major challenges with Victoria’s public Mr SCHEFFER — Yes, challenges; absolutely. I transport system, and this is why since 1999 this want to pick up some of the points that were just made government has given transport a high priority in both by the previous speaker. I refer to an item in the Age policy and planning as well as in resource allocation. It last week that many of us would have seen. It was is true that there has been a considerable focus on rail written by Professor Graham Curry, professor of public services in recent weeks, as I have already suggested, transport at the Institute of Transport Studies, Monash and that the news media has clearly been campaigning University. He made the observation that last week it on the issues. I believe, and I always will believe, that was very hot and many commuters suffered extreme in a democracy that is a good thing and that the stress owing to the train system not operating in a way campaign has enabled us and pressed us to listen to that was equal to their expectations. He also made the what commuters are saying. observation that there was quite a media blitz over this, and he asked why nobody has yet explained why our It is very important that MPs and the government listen trains do not work when the heat is on. He said the to the messages that are coming through to us. answer is simple: in short, Melbourne’s trains are not Notwithstanding these current challenges, I think designed to work at high temperatures and they never overall the government has a very good story to tell, have been. He said most readers — and I think and without a doubt this government has made a huge probably a number of members of the opposition — positive difference to public transport services right would consider this to be an unreasonable situation, but across the state. nonetheless that is the way it is. He said that during public operations over the last 20 years this has always I will give a few examples from the Eastern Victoria been the situation, and it is no different now. He asked: Region. Since the 1999 election Labor has invested is it not possible to run trains in hot weather? He millions on upgrading major roads in Gippsland, PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

112 COUNCIL Wednesday, 4 February 2009 including the duplication of the Bass Highway and the that it did not proceed with. It was the only one the Bena bypass in South Gippsland. We implemented the government did not implement. I know that right across biggest rail upgrade in 120 years, purchased new the Gippsland and Strzelecki area there was V/Locity trains to meet growing demand and reopened disappointment amongst some people, but the decision the Bairnsdale railway line. A lot of mention has been was made on the basis of an investigation that the made of that during the debate, and it is an important government conducted, and in the end the government and major achievement of this government. made the call on what it saw as being in the community interest. It will have to answer for that decision — and The government also extended bus services in the it does continually — but I think on the basis of the Latrobe Valley and in South Gippsland between evidence that was the right thing to do. For the record, Wonthaggi and Traralgon. We brought Victoria’s the community there is being well serviced by a bus country freight network back into public ownership. system — which will be progressively improved — That is critically important to the farming community that can navigate the mountainous and hilly landscape right across Gippsland, and it will positively impact on of Gippsland. We will move forward with a bus system our export capacity. in that part of the world.

This on-the-ground delivery of improved transport The Victorian transport plan is, as members know, the services to regional Victoria was a product of coherent biggest investment in transport in the history of the transport planning. When you go back and look at state. There will be future outlays of something like Meeting Our Transport Challenges, which was released $38 billion. The plan is coherent and forward looking, in 2006, you will see immediately that the plan clearly and it is fair to say it has been widely welcomed. recognised the growing challenges that Victoria faces in the public transport area. The first of these is our In terms of my area of regional and rural Victoria in growing population, and that growth was most Eastern Gippsland, the plan has announced up to pronounced in regional and rural centres — for 74 new V/Line trains; the new station at Cardinia Road, example, along the Bass Coast in the Eastern Victoria which I have already mentioned; the start of the Region, where many people are moving to retire or for Southern Cross station rail link; and a whole package lifestyle reasons. Meeting Our Transport Challenges for safer country roads. stated that by 2031 provincial Victoria would have grown by more than 350 000 people — that is the The peninsula link will slash travel times and ease combined populations of Ballarat, Bendigo and congestion, with something like 60 000 vehicles Geelong. expected to use the link each day. Congestion will be eased on the surrounding carriageways being used now The plan promised new services in regional growth along the Frankston Freeway and the Moorooduc areas, more innovative and flexible demand-responsive Highway. The peninsula link, which is the Frankston services, services that would connect regional bypass, will allow motorists to avoid something like communities to the regional fast rail network and five roundabouts and six or eight traffic lights that are improved services to towns such as Leongatha in the along that stretch of road today. The project is welcome Strzelecki Ranges. The plan also committed to build a news for people living in the region as well as the new railway station at Cardinia Road in Pakenham, and thousands of people who go to the Mornington it was announced in the public transport plan that that Peninsula for recreational purposes every year. The commitment, which was already there on the books in plan confirmed the building of the Cardinia Road 2006, will be commencing next year. The Victorian station, and the Cardinia area is — — transport plan extends this good work. It builds on the actual delivery of real transport services across regional Mr O’Donohue — On a point of order, Acting Victoria and on the excellent policy and planning work President, the member is now speaking about that has consistently underpinned that delivery. government plans with regard to road projects. He has strayed from the topic of public transport and has been None of this means that everything is delivered like doing so for some considerable period of time. clockwork. There have been difficulties, there have been setbacks and there have been delays, but overall The ACTING PRESIDENT (Ms Pulford) — public transport, I think, is better than it has ever been. Order! The debate today has been very wide ranging Earlier Peter Hall mentioned the fact that the and has canvassed the interrelationship between road government decided not to proceed with the restoration and public transport, so there is no point of order. of the South Gippsland railway line. To be fair, that was the only railway project that it committed to in 1999 PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Mr SCHEFFER — I could not have put it better mismanagement of both metropolitan and regional myself, Acting President. I was just going to say that public transport services. the road network and the public transport network of rail and bus services are interconnected networks and I can only reiterate my experience of talking to people they are conceptually consistent, so it is entirely proper right across the Southern Metropolitan Region in for these issues to be discussed together. particular, and I know that my colleague Mrs Coote has also been talking to people about the terrible I have already mentioned the point about the Cardinia experiences they had on public transport in the railway station, which will be very important to the heatwave period. It would be wrong to say the last community in the Pakenham area, which will grow by period is alone in the bad experiences people have had something like 40 000 new residents over the next on our public transport systems — road, rail and bus — 10 years or so, so it is appropriate for a railway station but particularly recently with rail. to be there. As residents there know, the station will have two platforms, passenger shelters, a taxi rank, There were photographs of the people stuck on Flinders park-and-ride facilities and pick-up bays for buses, Street railway station last week. The anger, frustration which are part of road transport. It will be a very and irritation people experienced and the responses of important facility for that community. the government, ministers and senior officials were extraordinary. Nobody can justify this level of The plan also announced a $1.2 billion better regional mismanagement. This government has now been in roads package. That will link a lot of communities power for nearly 10 years — a decade in power — — through the road system. Over a period of time articles have appeared in the local media about the state of Mrs Peulich — Ten long years! roads, and I certainly welcome that announcement in the transport plan that will see improvements to those Mr D. DAVIS — Indeed, 10 long years. Ten years roads all the way through the Eastern Victoria Region. is long enough to have put in place whatever changes were needed to deal with the growth in the city. We The Victorian transport plan is a very comprehensive hear a litany of excuses for the poor and unsatisfactory plan that is unprecedented in scope and scale. It is a performance of our train system from ministers, $38 billion commitment. It includes a framework for bureaucrats and private sector operators. I hasten to add future land development that will bring jobs and that the Brumby government and its ministers are housing. It has sequential short-term and long-term ultimately responsible. No more excuses should be budget investment plans, and it has a strategy, as tolerated by the community: no more excuses for late members know, to enlist commonwealth government trains, no more excuses for dirty trains, no more participation. Work to secure that participation, as we excuses for trains that fail or are cancelled for a whole have heard from the Treasurer over the last couple of range of reasons. At the end of the day this is about days, is well under way. government ensuring that the franchisee manages the services and the government ensures that those services It is a fact, as I said at the beginning, that public are delivered in a way the community can rely on. transport is a major challenge for the Brumby government and for Victorians, and we should not I will talk about a couple of lines in particular that make any mistake about it: the government and the seemed to cop the brunt of the decisions by the minister absolutely accept responsibility for this government, Minister Kosky in particular, and Connex. important service and infrastructure, and no-one is An article in the Age of Friday, 30 January, said: ducking anything. The government listens very The Williamstown and Alamein lines were closed carefully to what commuters are saying, and it is mid-afternoon due to a shortage of trains. They are expected determined to improve public transport. I reject to return to service this morning … at least 30 V/Line services absolutely the assertion that the state government has were cancelled. mismanaged the delivery, development and planning of By 5.00 p.m. the day before, 311 train services had these services. The evidence is there in the delivery of been cancelled. The article also says: what we see on the ground. Public transport minister Lynne Kosky would not answer Mr D. DAVIS (Southern Metropolitan) — I am questions on whether Connex’s claim was true … pleased to speak on this important motion, brought to the chamber by Mr Koch, that the house expresses This was when the finger-pointing and blame game by serious concern at the state government’s Connex and the minister took place as they looked at each other, pointed and tried to shift responsibility. If PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

114 COUNCIL Wednesday, 4 February 2009 the minister was serious she would accept that she is the Mrs Peulich — When? Minister for Public Transport, the contract with Connex was signed under this government, and whether you Mr D. DAVIS — In the Cain-Kirner period. We think it should be privately run or publicly run is, with know what has happened with the Labor Party over respect, beside the point. The fact is the minister is there: the old Socialist Left, the tough old nuts that responsible, and she is responsible to have in place a served Joan Kirner so well, are back in a deal between system that will deliver a public transport service to the part of the Labor Right and the Socialist Left. We know people of Melbourne. that the Socialist Left, which had been cut out of everything for a number of years, is now back in and It is true that public transport patronage has grown in we will see some of the harebrained plans start to recent years, but that is not entirely surprising. As a city reappear. grows and its population increases there is going to be congestion. There need to be road projects to deal with An article in the Sun of 20 August 1990 headed ‘No road transport, public transport projects and capacity train cuts, vows Kirner’ states: added to deal with the additional public transport load. Threatened railway line closures were ruled out by the The government has had a plan in Melbourne 2030 to Premier, Mrs Kirner, yesterday. increase the size of the city by 1 million by the year … 2030. The government has estimated that growth and my colleague in this place, Mr Guy, the shadow Reports that the Williamstown line, along with seven other Minister for Planning, has done a very good job in lines, had been earmarked for closure as part of budget exposing the inadequacies of those estimates. The cutbacks had drawn an angry public reaction. figures he has presented on a number of occasions Lines which had been listed for immediate closure were show the government should have known its Upfield, Mildura, Leongatha and Stony Point. Other lines projections for a million extra people by 2030 would be under threat were Sandringham, Alamein, Williamstown and short and the numbers would increase much faster than Hurstbridge. forecast by the official plan. There was a picture in the Sun that day with the caption ‘Mrs Kirner and Mr Spyker walk along the Just think what the plan envisages. This motion is about Williamstown station platform yesterday’. public transport and the inadequacy of public transport. The plan envisages putting greater concentrations of Mr Rich-Phillips — What is Spyker wearing? commuters next to railway lines, on stations and in their surroundings: more shops, more houses and more Mr D. DAVIS — It is hard to tell. In those days the people, with the concept that they can catch public cabinet was split on the plan for rail cuts. An article of transport. In one sense it is an elegant concept, but it 16 August 1990 by Hugo Kelly, who was the Age has to be backed up by the support of the infrastructure transport reporter at the time, states: delivery. If it is not backed up by the support and delivery of infrastructure, including transport State cabinet is split over Treasury plans to implement the infrastructure, it is bound to fail. You cannot put more biggest public transport service cuts in the state’s history. people into a city and not increase the sewerage Note that this government, the Bracks and now the services. You cannot put more people into a city and Brumby government, has not extended our railway not increase the water supplies. You cannot put more lines or improved our transport services, but it is now people into a city and not improve the roads. And you looking at cuts. Further the article states: cannot put more people into the city and expect a ramshackle public transport system that has been Among the services Treasury wants closed are the allowed to deteriorate over the last 10 years to cope. Williamstown line … Also under threat are the Sandringham line, which carries I focus again on those two important lines, the 30 000 passengers a day, the Alamein line, and the Williamstown and Alamein lines. It seems that Labor is Hurstbridge line, beyond Eltham. up to its old tricks. It chose these two lines as a way of taking trains out of service there and redeploying them I have to say that it was a bad plan then, and the idea to other train lines. This is an apparently elegant, that you can sacrifice lines like the Alamein line is a straightforward solution of just shifting trains from one bad plan now. line to the other, thereby closing the line that has lost its Another article in the Hugo Kelly approach of a series trains. That has been talked about before by the Labor of articles, of 18 August 1990, looked at the closure of Party, and I will focus on some articles. the Upfield line as well. But as a member for Southern PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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Metropolitan Region I am most interested in what this finger at someone else. He never accepts responsibility; government intends to do with the Alamein line. That is he never accepts that he has a role in this and that he a very important railway line that feeds into has to fix the problems. He is the Parliamentary Camberwell. There are some services that traditionally Secretary for Public Transport, and people in the go straight into the city, but many people change trains Bentleigh electorate have every right to be very angry at Camberwell. If this government thinks it can close with him indeed. They should ring his office and make that line, it can do so over my dead body. him aware that the service standards on the line through Bentleigh have deteriorated significantly. I know, Mr Leane — No-one said it was going to be closed. because I have caught those trains many times, and I know how crowded the trains going out of the city are Mr D. DAVIS — Mr Leane’s minister and at peak hour. I know how difficult it is to get on them franchisee made the decision last week to pull trains off and how uncomfortable it is in the trains. Many that line in the old-fashioned way that was tried in the commuters feel squeezed in like sardines, and early 1990s, and they sought to redeploy the trains. It is something has to be done about it. It is not good enough a lot cheaper for a minister like Ms Kosky to redeploy for the Parliamentary Secretary for Public Transport to trains from a line like the Alamein line than it is to buy wash his hands of his responsibilities to his portfolio new ones. and his electorate.

I have not talked about air conditioning and all those I compliment Mr Koch on bringing this motion to the matters as they have been well canvassed today, and I chamber today. Because time is short I do not want to do not propose to revisit the shonky approach to say any more, but the chamber should be aware that infrastructure that this government has taken. But I am there is a very strong groundswell of community anger saying that every person in the Burwood and Hawthorn about this government’s performance in transport, in electorates and others who rely on the Alamein line particular the trains, and its failure to provide basic should be very aware and take note that as this infrastructure. government cuts and seeks to wind back services, the Alamein line will be one of its targets. This is Ms TIERNEY (Western Victoria) — I am pleased something the member for Burwood, Mr Stensholt, has to rise to speak in opposition to the motion moved by to step forward on. He has to be very careful. He has Mr Koch. As we have been advised by a number of already deserted people in the Burwood electorate on speakers today, over the last 10 years there has been issues like freeway noise — he has not been prepared to unprecedented growth in Victoria, particularly stand up there, and on kindergarten services he has not population growth. That growth has come from other done what he needs to do. The list could go on. On this states and from other countries, and in recent times we significant issue he is nowhere to be seen. I would have have also seen what I believe will be a growing trend: thought that a member for an electorate like Burwood expatriates returning to this country and this state of would be prepared to stand up and say, ‘I will not have Victoria. trains redeployed from my railway line. I will not allow my people to be left stranded. I will ensure that services In Victoria the Bracks and now Brumby government are maintained’. He had better go and knock on Lynne has played a role in making sure that we live in the Kosky’s door and demand that she give a commitment most livable state and that Melbourne, along with a that trains will never again be redeployed from this line. number of other cities in this great state, is a very The government needs to get cracking on its livable city. I am pleased to stand here this afternoon infrastructure replacement. It has simply let things drift and advise the house that as recently as last week the for 10 years. Ten years is a long time — 10 long Glenelg shire in Western Victoria Region was deemed years — and this government is entirely responsible for to be the happiest place to live in this great state. the failure of those services. There has also been a massive increase in demand on Victorians, particularly those in my electorate of our transport, brought about by, as I have just Southern Metropolitan Region, should be very angry. mentioned, the increase in population from people In the case of Bentleigh, services were abysmal. A having been drawn to this state from a variety of areas, number of people have spoken to me about the services by the increase in oil prices in this country, and also by last week and those prior to that. Service standards on commuters wanting to do their bit in relation to climate the Bentleigh line have declined massively. Rob change. This increase in demand has obviously been Hudson, the member for Bentleigh, is the Parliamentary looked at by a whole range of people, whether they be Secretary for Public Transport. He is another one who politicians, academics or members of the Public says, ‘Oh, I am not responsible’, and tries to point the Transport Users Association. We have studied this area PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

116 COUNCIL Wednesday, 4 February 2009 for some time, and there was a range of open per hour. The main advantages are seen as consistency in community consultation programs with the government timetabling and additional capacity allowing a doubling of frequency. leading up to the transport plan announcement in December 2008. That is obviously a big tick. There was also the announcement of $80 million being set aside for bus A number of announcements in the transport plan will improvements in the region. The main components are make significant differences to the economic basis of the bus interchange and recurrent funding for increased Western Victoria Region and to people’s lives there. As frequency of services and some new services. has already been mentioned by my colleague Jaala Pulford, restoration of the Maryborough passenger rail I am particularly pleased that an amount of that will be line, which was shut down by the former Liberal dedicated to improving bus services on the Bellarine government, is to take place at a cost of $50 million. Peninsula. Also, $30 million is to be provided for That initiative in itself will not only enable people from station upgrades, particularly at Marshall and South Maryborough to commute more easily to Melbourne Geelong. We are aware there have been congestion and but will pave the way to ensuring that the local car parking problems at both stations, and these economy of Maryborough is provided with a significant initiatives will definitely alleviate the problems that we financial injection. It is wonderful that the iconic have been experiencing in recent times. Also included Maryborough railway station will be seen by a lot more is planning for a rail corridor to link the new growth people as a result of that great initiative. areas of Armstrong Creek and Torquay, and funding for more carriages and an upgrade of the signalling system Also 44 kilometres of stand-alone rail tracks worth were also committed to for the region. $4 billion will be installed so as to remove the bottlenecks caused when regional trains reach Transport Connections is one of this government’s best Melbourne. It is worth more than that for those who programs. I have talked about it time and time again in have had the misfortune of having to wait while the this house, but it is worth mentioning again that this is a bottlenecks shifted. very vital part of ensuring there is public transport for people in smaller rural communities to connect to larger In the Geelong area most people are aware that G21, regional centres as well as to connect regional centres which is an alliance of government, local councils, local within themselves, whether they be north, south, east or businesses and community organisations, has always west routes, such as the one I assisted in launching at been at the forefront of determining regional priorities. Colac before Christmas and another one that was Within the family of G21 is the G21 transport pillar that launched in Lorne to connect Lorne and Colac. meets regularly. It is a very proactive committee, and I have had the opportunity and the pleasure to be part of These few things I mention have significant money it on several occasions. It is reflective of the general amounts attached to them for the Geelong region, G21 composition with local government representation which includes the five councils I just mentioned. The from the City of Greater Geelong, Colac Otway Shire plan also includes the purchase of up to 70 new trains, Council, Golden Plains Shire Council, the Borough of 18 of which are already on order. There is also a Queenscliffe and Surf Coast Shire Council. The Public $1.3 billion commitment for the Melton rail upgrade, Transport Users Association is also at the table with which will increase services to that community. community organisations that represent people with disabilities and with private businesspeople. As well as the Victorian transport plan, regional Victorian public transport is constantly being improved The G21 newsletter stated the following as recently as through a range of different initiatives including the 28 January: construction of the Wendouree train station and car park in Ballarat, making the city of Ballarat even more Congratulations to the members of the G21 public transport advisory group, the transport connections project steering accessible to visitors and locals alike. The total group and the G21 transport pillar on the considerable investment in that project is $18.7 million. Funding has influence they have had on positive outcomes for the Geelong also been allocated to improving access to public region announced recently in the Victorian transport plan. transport facilities, such as walking tracks and cycling … facilities, and I was involved in announcing a fairly substantial one in Warrnambool. A number of other bus A regional rail link to increase the capacity of the system by taking V/Line trains off of the normal lines Connex uses onto services have been launched right across western a dedicated regional line straight to Southern Cross. This will Victoria. We have increased the number and frequency carry trains from Ballarat, Bendigo and Geelong and allow of services on the regional rail link to Warrnambool, the system to operate at its full design speed of l60 kilometres PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 117 introduced Sunday services and upgraded railway was financially viable and enabled them to go about stations as well. their activities.

It is a fact that this government will deliver more trains, What I say to members on the other side of the chamber trams and buses, more train track and rail stations, and is yes, last week was certainly problematic but what more transport choices for the people of Victoria, was more problematic for the people of Victoria was regardless of whether they live in metropolitan their government, when in power, cutting services — Melbourne or regional Victoria. That is part and parcel and people will remember that. It might have been 10 of the transport plan. I was very pleased to see that the or so years ago but people remember it; it is still plan really looked not only at the issues of transporting burning in their minds. They also remember that the people in and out of Melbourne but within their own Kennett government closed their schools, sacked their communities. nurses and privatised the transport system. The people in western Victoria remember the Kennett government When you look at the government’s record and then closing the Maryborough line, as they remember the you examine what the opposition has been saying over closing of the Ararat line. They remember that the the last few years about transport, it appears the Kennett government closed the Gippsland line at opposition does not have anything proactive or positive Bairnsdale, and they also remember and will continue to offer. By and large they rely on newspaper headlines to remember that it is this government that has restored and photos and on emotive situations to come up with those services for regional Victoria. some sort of story about transport, but they do not come up with what I consider to be a concise, efficient, The Victorian transport plan is enormous in every well-thought-through and well-articulated plan on how sense. It is a commitment to the growing transport public transport could be improved in this state. needs of this state and to shaping Victoria into a more efficient and sustainable state, whilst the Liberal Party The initiatives undertaken by this government that I and The Nationals are plainly committed to doing have mentioned have not just been made in Western nothing; they are absolutely committed to doing Victoria Region. As the chamber has heard, this nothing for regional Victoria. government has also ensured that there have been improved transport services across a whole range of Mr O’DONOHUE (Eastern Victoria) — I am very electorates in this state. pleased to make a contribution in this extensive debate, and I congratulate my colleague Mr Koch for moving The extreme weather conditions that caused the this motion and for his contribution on this very problems that many people experienced last week were important issue of public transport. Public transport is a extremely rare. Yes, January and February are hot critical issue. It is one of the core services of a state months but no-one would have really anticipated the government, but in recent days and weeks the system extent of the hot weather we had last week, which was has absolutely collapsed. I want to pick up some reported as being a once-in-a-century event. The power general themes not only gleaned from contributions to outages created delays as well, which hindered some of the debate by government members today but from the the maintenance work on the trains and tracks. government’s contribution through the newspapers and other forms of media over the last few weeks and Those train cancellations, though, whilst they were very indeed months, and to outline some of the annoying were temporary. They were nothing like the contradictions made in those contributions. permanencies the Kennett government’s actions left us with in making those decisions to cut services — not We have heard speakers today talk about the evils of temporary delays when you cannot get home on a privatisation. Mr Viney said that the train system was Thursday night or are delayed in getting home or you flogged off to the private sector. We have heard others have got to wait for a bus to turn up to get home on a talk about the evils of privatisation and the effect it has Tuesday or a Wednesday; no, none of that; for years had on the system. But then we have the same people in Ararat had to put up with not having a railway government extending the contract with the operator, line. For how many years have the people of Connex, and now going through a re-tendering process. Maryborough not had a railway line? The people of When the minister is pressed, he says, ‘Yes, we believe western Victoria who are now relying on transport in privatisation’. connections would never have thought that a government could possibly sit down and talk to them On the one hand, members are criticising privatisation about making sure they had access to transport, that it while on the other hand, the minister and the Premier are embracing it. Maybe that is a contradiction between PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

118 COUNCIL Wednesday, 4 February 2009 the left and the right of the Labor Party. Maybe it is a Cain and Kirner governments that sent Victoria belief by the Labor Party that it does not have the bankrupt. capacity or skills to run the system and that privatisation may not be perfect but that the We have heard several speakers opposite, obviously government would do an even worse job if it ran the speaking from government-prepared notes, refer to system. Who knows? That is an inherent contradiction returning train services to Gippsland. Mr Tee spoke in the debate we have had thus far. about the benefits of returning train services to Gippsland. The last government speaker, Ms Tierney, We have also had in recent years, in fact over several spoke about returning train services to Gippsland. In years, the government talking about climate change and 1999, when the Labor Party was in opposition, in 2002 about preparing services for climate change, about the when it was in government and in 2006 when it was need to prepare for climate change and what is going to still in government, Labor went to the electorate and happen. Then we have contributors to the debate today said, ‘We will return the South Gippsland railway line saying that the rail services could not cope because it to the people of South Gippsland. The South Gippsland was too hot. railway line will be reopened by a Labor government’. Government members brush over that. To his credit, On the one hand we had Premier Brumby and former Mr Scheffer broached the issue. He said the South Premier Bracks saying, ‘We are preparing; we need to Gippsland rail line was not reopened after an prepare because this is going to happen’, but on the investigation, and he said, if my notes are correct, ‘It other hand we have other speakers saying it is too hot was the right thing to do’. That is an absolute disgrace. for the services to operate. Either the government has If Mr Scheffer thinks it was right for the government to been doing the work and preparing for climate change lie to the people of South Gippsland for three elections because it has seen it coming, or it has not. It cannot and turn its back on reopening a rail line that it said it have it both ways, and that has been an inherent would reopen, then that is a disgrace. If Mr Scheffer contradiction in what the government has been saying. thinks that lie was the right thing to do, I wonder what other lies of this government he thinks are worthwhile The Labor Party came to office with a plan for 20 per or justified. cent of trips to be by public transport by 2020. That was a very clear promise from Labor that 20 per cent of Other speakers spoke about the disastrous so-called fast trips would be on public transport by 2020. Today, in rail project and the cost blow-outs associated with that, 2009, approximately 12 or 13 per cent of people use the failure of myki, the funds expended on those public transport. We are a long, long way from the projects in a wasteful fashion, way over budget, and the government’s promise of 20 per cent by 2020 — fact that that precludes investment in other areas. millions more trips would need to take place between Mr Rich-Phillips made the point that we believe the now and 2020 for that commitment to be reached. We government should deliver better services, but it is not, have government members saying, ‘We could not have as the Treasurer presents it, one option or another predicted this; we could not have known that patronage option. The government has demonstrated an incapacity would rise by so much and that the popularity of the to manage projects either on time or on budget, and that system would be so great’. Ms Pulford and Mr Viney has had consequential flow-on effects to other areas of both said that ‘We are a victim of our own success’, but investment. the government is still a long way from its stated policy commitment of 20 per cent of trips on public transport Many speakers on the government side have spoken by 2020. about the government’s public transport plan. It is the fourth plan the government has released for public We have heard speaker after speaker rail against the transport. It was released before the economic former Kennett government and what they perceive it slowdown was truly understood and before the Prime did or did not do which has caused us to be in this Minister made his announcement today about the situation. The reality is that this government has been in $44 billion stimulus package. The underpinning of the power for 10 years. It has had the capacity, the revenue whole Victorian transport plan is federal funding. We and the resources to do what it needed to do to fix any all have a magic wish list — a magic pudding, as the perceived problems it may have thought flowed from Treasurer referred to it in question time today. The the previous government. The government never transport plan is not worth the paper it is written on, mentioned that the Labor Party was in power before because there is no funding underpinning it. For Premier Kennett’s government, from 1982 to 1992, and government speakers to speak at length today about a that there was a decade of inaction under the previous plan that has no funding, that is based on the PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 119 never-never and that extends out 10, 20 or 30 years is disgrace. Just how out of touch government members misleading the people of Victoria. are is an indictment of their interaction with their communities and an indictment of their understanding I want to pick up on a couple of comments that of realities on the ground. individual speakers on the government side have made. It struck me from the tone of the debate just how out of Mr ELASMAR (Northern Metropolitan) — I rise to touch government members are. I am talking about not contribute to this debate. The facts of the matter are that just ministers but also relatively new members of the Brumby Labor government has committed billions Parliament who have clearly lost touch with the of dollars to Victorian transport infrastructure. The day-to-day experiences of people. recent transport debacle has been, as everyone knows, the fault of Mother Nature. I am sure that if Connex Mrs Peulich — Maybe they were never in touch. could provide clement weather in summer, we — not to mention our regional farmers — would all be very Mr O’DONOHUE — Maybe, Mrs Peulich; happy. perhaps they were never in touch. Mr Scheffer said that public transport is better than it has ever been. How can I heard from a few members in this chamber that it is Mr Scheffer say that public transport is better than it always going to be hot in summer and it is always has ever been? He clearly was not at Flinders Street going to be cold in winter, and we may hear about Station last Friday when I think every train to Frankston flights being cancelled or diverted due to weather was cancelled and when many trains to Pakenham, conditions. This is the same situation. Due to weather Lilydale and Belgrave were cancelled. Ms Tierney said conditions, trains were cancelled. It is always better for that the cancellation of trains was not a big deal because the public’s safety to cancel a rail service than to allow it was only a temporary issue; they came back some trains to run when the tracks may be in a dangerous time the next day or the next week, and it was not a big condition. However, I understand that meetings have deal! been scheduled by the government to have talks with Connex about rail cancellations and its capacity to People plan their lives and their daily activities around provide an efficient transport service for the public when trains are scheduled. It is not an unreasonable transport commuters of Victoria. expectation to have those services delivered as planned and as promised. Ironically, when we look at the previous coalition government record on public transport, I am sorry to Clearly Ms Tierney was not waiting at Flinders Street say that line closures were the order of the day. Our or Southern Cross stations last Thursday or Friday night Labor government has reversed those closures in when train after train was cancelled. I have had country Victoria. The transport portfolio is often representations from a number of constituents, many of referred to as the ‘poisoned chalice’, and it is easy to whom live in the mortgage belt component of my see why. electorate — the interface area. They are people who may have two or three young children at home, who got Extensions of the Epping to South Morang rail line will up early — before 5 o’clock or 6 o’clock — to get to start in 2010. I do not want to repeat what other work in the city, travelled for an hour or an hour and a members have said, but let me say that this government half on public transport, worked hard all day and then will always do the best for the commuters and will were confronted with cancelled trains at Flinders Street always deliver more trains, trams and buses. On a station. It took them 2, 3 or 4 hours to get home either positive note, our government will continue to inject by a combination of bus or taxi or by begging for a lift reforms and will continue to put public transport users from others. Many then went home to two or three first. children who were upset and angry and could not sleep because the power to their homes had been cut. Mrs PETROVICH (Northern Victoria) — I would like to support Mr Koch’s motion. We have heard some Are we living in a state that presents itself as a fully very enlightening contributions, including that by developed, mature economy? Or have we regressed to Mr Guy; he gave members opposite a history lesson the point where we cannot rely on public transport, we and a lesson in facts of what has occurred in the past. cannot rely on our roads to get us home in a reasonable Though some people have rewritten that history, it was time and we cannot rely on having power when we get good to see the expressions on the faces of many home? members; they looked quite shocked and horrified. I congratulate Mr Koch for moving this very important motion. The state of our public transport system is a PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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It is clear from today’s debate that the state of public community together forever. It all came about because transport in Victoria has deteriorated to a pitiful state. this government ordered trains that were simply too That was evidenced by a range of issues which wide to run on the dual tracks. That is all about lack of occurred last week in the most awful way. People who planning and vision. For a government that has had four were stranded on platforms for many hours were given plans, it could not even get that right. ice-creams to supposedly make their stay a little happier. I do not think it is unreasonable for commuters to expect to get to work on time and not be left standing Mrs Peulich — It wasn’t even ice-creams. It was on the platform. There is simply no excuse for that. It is icy poles! not unreasonable to expect a ticketing system that actually works, and we have seen some great visuals Mr Vogels — At least they could have supported with Minister Kosky, the myki ticketing system falling the dairy industry! off walls and the very embarrassed face of the minister. This system just lurches from one catastrophe to Mrs PETROVICH — You are absolutely right, another. There is no valid excuse for this. Mr Vogels. The offer of free tickets were then not able to be honoured because many trains simply did not run When we talk about level crossings that have boom the next day. gates and continue to put country and metropolitan travellers at peril, I can cite that Victoria has the highest The usage of public transport has increased. Many number of crossings in Australia. Of the 1872 public people have done this for a range of reasons — fuel level crossings there are 936 controlled by give way costs and congestion on our roads, the narrowing of city signs, 151 controlled by stop signs, 398 controlled by roads and difficulty getting around the city. I would train-activated flashing lights and 201 crossings with have to say that there are some very disappointed and another form of protection such as hand-gate traffic disillusioned commuters out there who have made the lights and interlocking gates. There are 8 crossings with switch and who have endeavoured to get up very early, no controls whatsoever. All passive crossings are particularly in areas like the Macedon Ranges. There located in country Victoria; all are outside the were queues for trains at 6 o’clock and 7 o’clock in the 80 kilometres of densely populated urban Melbourne, morning to get down to Melbourne. Their day proved and these are the ones that are of greatest interest to me to be extraordinarily long when they were delayed on as my community is constantly put at risk by these platforms for up to 2 hours waiting to come home. We crossings. had some very tired, hot and angry people. It is an indication of a public transport system in collapse. This The Road Safety Committee report states that the government has had some very good financial times as Department of Transport, the authority that has a result of the good management by the previous traditionally been responsible for level crossing policy federal government. It has now been in government for and that funds the allocation, did not provide long-term 10 years. historical data. This seems to be quite an anomaly with its role, and I believe it should be addressed. The data There have been a lot of promises and a lot of plans provided was not disaggregated into actual numbers of made. I think we are now up to four transport plans, and crashes and near misses, types of vehicles, times and there has not been a lot of actual improvement in days, weather or road conditions. This sort of service delivery. We heard that most explicitly from information would be used, I believe, if you were Mr Guy today in relation to the actual decrease in times putting together a comprehensive and proper plan for a and services. rail system that worked in the state of Victoria.

There has been a fair bit of crowing about the We have a shortage of train drivers, and there is no $80 million regional fast rail project, which in fact was great rocket science in figuring out that if you want a an upgrade of an old and tired service. I was part of that system to work, you need somebody to operate the debate on the Bendigo transport interconnection when I trains. The difficulty we have is a highly unionised was on the Macedon Ranges council. The government workforce, and a fair percentage of its members’ fairly did not really listen to the community, and we have good wage package — and I do not deny them that — ended up with a single rail. We have ended up not with is made up of overtime rates. There needs to be more trains and a better timetable, as the community something done to address the issue — either the wanted, but with a supposed fast rail service that does drivers need to be remunerated in a better way or we not run on time and has had more delays than it needs. I need to look at how we can get additional drivers there. think the rail issue alone has now bound that To have trains cancelled because there are simply not PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 121 enough drivers available or they have been working for the trains were worse: the 8.20 p.m. train on too long and have done too much overtime, making it Wednesday and even Thursday and Friday was unsafe for them to continue to drive, is just not on. cancelled, and the latest it has been is 20-plus minutes. This gentleman works night shift, and that is causing I was, on one of the busiest days of the year for the train him enormous problems with his employer. There were system, at the Melbourne Cup. I went from my station three trains that were late by over 20 minutes to over in Woodend to the racecourse at Flemington, and I 40 minutes. One was over 2 hours late. As a person swear to God it was a case of white gloves to push who is trying to get to work and earn a living, having to people onto these trains. I know it was a very busy day, explain to their employer on a regular basis why they but there simply could have been more carriages put on are late — and they may have no alternative form of that train to enable people to travel in some comfort. It transport — is pretty difficult to cop, just as it is was better than on Oaks Day, however, when the trains difficult and very stressful for working parents trying to simply did not run on the way home and there were get back to crèches, child care and schools to pick up some very tired, anxious, sore-footed ladies and their children at a reasonable time. That is real stress on gentlemen who were very angry at not being able to families when they know their children are sitting there access trains on one of the busiest days of year. These waiting for them to get home and they simply cannot sorts of disasters have undermined community get there. confidence in our public transport system, undermined confidence in the minister, and I believe undermined I support Mr Koch’s motion today. Today’s debate has confidence in this government. been most enlightening. The level of disappointment expressed really highlights this dysfunctional system. I Back to the transport plan: we have had four goes at it just hope it does not amount to just another plan — now. We have had myki, which has been a disaster; we plan 5 — and that we get some action out of today. I have had a system that does not even register late trains think Victorians deserve better — and they are sick of that are less than 8 minutes overdue; we have inferior the excuses. infrastructure that buckles in heat; we have trains that have to travel slowly in warm conditions; we have Ms DARVENIZA (Northern Victoria) — I am cheap signalling that causes a lot of problems with our always pleased to make a contribution to debate on boom gates as it malfunctions on a regular basis, clicks opposition business, because it gives us an opportunity out and causes those boom gates to malfunction; we to highlight, compare or contrast the very real have trains in the 21st century with no air conditioning; differences between the way we operate and the and we have a shattered community of commuters. services a Labor government provides to the community and the services provided by the Liberal If Melbourne is Australia’s most livable city, it is not and National parties when in government and their reflected in the state’s public transport system. This is a attitudes towards providing those services. shambles. We have a minister in Lynne Kosky who seems to be a protected species. I do not know why this I shall take up a few points made by Mrs Petrovich. She level of incompetence is tolerated by the Premier and spoke about Mr Guy’s contribution and how this government, because I know it is certainly no enlightening it was. What I took away from his longer tolerated by a hot and exhausted community. contribution, which I listened to carefully, was that in order to find something positive that the Liberal and I would like to also talk about the figures in relation to National parties ever did when in government, he had areas dear to my heart on the Shepparton line between to go back to the Hamer years. He did not mention the Seymour and Shepparton. Level crossings there are a Kennett years, when the Liberal and National parties problem. We have 34 crossings between Shepparton were in government, because we have seen most and Seymour — that is, one every 2 minutes. It recently the effects of what they did to our rail services certainly does not make the trip any quicker. On the then. Bendigo line, which includes the Macedon area, trains have run officially late for 16 consecutive months. This They have an absolutely abysmal record when it comes is a fast rail failure, and this government and members to public transport. One only has to look at the record of opposite should be ashamed. country passenger rail services to see how abysmal their record is. I know a number of members on this The Seymour line trains have run officially late for side of the chamber have criticised opposition members 18 consecutive months, and a constituent of mine keeps on this motion moved as part of opposition business. me well informed on a daily basis about trains that are Speakers on our side have said that opposition members cancelled. I think we have statistics on this. Last week cannot come in here and criticise the government if PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

122 COUNCIL Wednesday, 4 February 2009 they cannot articulate the opposition’s policy and plans. Ms Lovell — On a point of order, Acting President, We know what its policy and planning is: it does not I take absolute offence at the member saying that I am have one! Opposition members can only talk down the yapping away in the background. I was just informing rail services we are providing and which we have her of what actually happens in northern Victoria. If she improved in rural and regional Victoria since coming to lived in northern Victoria, she would know. I ask her to government. withdraw.

One only has to take a look at the record of the Liberal Ms DARVENIZA — I withdraw. Other matters and National coalition when in government: it closed that were not acknowledged or recognised by the Ararat line, which this government has reopened, opposition members are the improved bus services in and it took away rail passenger services to Wodonga, Yarrawonga, Wangaratta, Bendigo and Maryborough, a policy this government has reversed by Horsham. Those bus services were not mentioned in announcing in December last year that we would return Ms Lovell’s or Mrs Petrovich’s contributions. Extra those services. I could go into some detail about that, weekend services to Seymour, Albury and Shepparton but given I have only a small amount of time available, were introduced in 2007, with 33 extra services per I will not. It also closed the rail services to Bairnsdale in week, including two extra weekend services to Gippsland, which our government has opened. I know a Shepparton and three extra weekend services to number of government members from that area have Albury-Wodonga. There was no mention of any of already spoken about that. these, which are in Northern Victoria Region. Those members failed to mention any of them. I shall take up a few more issues that Mrs Petrovich raised when she was making her contribution. She Revised coach services in the north-east provide the spent all her time criticising the services that this connection between the new extended train services. government has reinstated in rural and regional Mrs Petrovich also failed to mention the upgraded level Victoria, but the glaring omission from her contribution crossings around northern Victoria. There was not one was to acknowledge those services that the government mention of the upgrades that happened around has put in place and is now providing — where the Merbein, Wangaratta, Kerang, Benalla and Liberal Party in coalition had ripped out the very heart Yarrawonga, to mention a few. of the services to rural and regional Victoria. The government is now providing those services. As I said earlier, there is the reintroduced passenger rail service to Ararat. There was the completion of the She failed to mention the many services in public refurbishment of the Horsham railway station in 2006. I transport in northern Victoria, in the electorate I share know previous speakers who are members from that with Mrs Petrovich. I want to briefly talk a little about region on our side of the house have mentioned that. some of those. She did not bother to mention the There was the reopening of the Nhill railway station in restored rail services to Echuca and the upgraded 2007. There was the provision of access for the Firefly railway stations at Echuca, Rochester and Elmore. The overnight coach services between Adelaide and government completed an $800 000 upgrade of the Melbourne in 2008, which benefits travellers right Swan Hill railway station in 2007. When I travel along that route and includes Ararat, Stawell, Horsham, through the electorate, particularly to Swan Hill and Dimboola and Nhill, to mention a few of the places around that area, I hear a lot of positive things said where that fantastic service, which is very well utilised, about that rail service and its patronage. is provided. There was also the undertaking of the north-east railway revitalisation project, which will We have completed a $600 000 upgrade of the provide improved passenger ride, comfort and Dimboola rail footbridge to improve safety for reliability, including the refurbishment of V/Line trains. pedestrians, but I heard not a mention of that in the None of this was mentioned. contributions by the members for Northern Victoria Region on the other side. I want to talk a little bit about patronage. We know that we had around a million people travelling on V/Line Ms Lovell interjected. trains and coaches in December 2008. Compared to around 847 000 people in December 2007, that Ms DARVENIZA — I can hear Ms Lovell yapping represents a 20.3 per cent increase in patronage. That away in the background again, like she usually does. was in one year. V/Line has experienced patronage When she made her contribution she failed to say any growth of around 63 per cent over the last two financial of these positive things. years, with patronage now at a 60-year high. That says something about the improvements that have been PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 123 made to our rail services and also the cost, with the what the government does with the policies. The reduction in fares for V/Line rail services provided by government is totally bereft of new ideas; it is tired. It is our government. time it is put out to green pastures. It is time for a mass retirement from the Labor benches, certainly in this I could go on and talk about the reliability of our chamber as well as in the other. We know what the regional rail services. I would love to spend some time government does. It has already pinched 43 or talking about the rail freight network and the billions of 46 policies — whatever number it is. This notion that dollars that we have spent in improving that freight somehow an opposition needs to be positive is rubbish! network, which is so important to regional Victoria. Government members are in la-la land, to use the Treasurer’s favourite expression. The opposition’s record on the provision of regional rail services or freight services is absolutely woeful. When What has the government done? It has spent the coalition came to government it meant for regional $250 billion over 10 years. We have had five transport rail a loss of jobs, cuts to services and a holus-bolus plans. The reason the government has had five transport selling off of the system. As I said earlier, it was plans is because the first four were dismal failures. We absolutely happy to rip the heart out of regional probably will not finish with the fifth. The budget is Victoria, and, believe me, it will do it again if its now double what it was in 1999, but what do we have? members gets the opportunity to sit on this side of the We have an almighty mess, and it has no scope for or house. prospect of fixing it up. It has total policy disconnect. Mr Guy and Mr David Davis spoke about the Mrs PEULICH (South Eastern Metropolitan) — I government’s policies to increase the density of want to say how disappointed I am by the proceedings. metropolitan Melbourne, particularly around transport Ms Darveniza, notwithstanding her withdrawal, used hubs. The government has done nothing to invest in the word ‘yapping’ to describe the interjections of making it safer or to manage the increased number of Ms Lovell. I would have thought that Ms Darveniza vehicular and pedestrian movements around those was a proud feminist, and the use of that word was a transport nodes, those activity centres. The government very poor choice. I guess that is what you do when you has done nothing. Mrs Petrovich spoke about the litany have created a mess after 10 years in government, five of rail crossing failings that were exposed in the audit, transport statements — or merely statements of but the government has ignored all of it. It has done intent — 10 years of failure of action and with a mess nothing. How the government can then turn around and that the Western world has probably not seen in a long say how proud it is of its achievements is beyond my time. How embarrassed was I as a Melburnian to see comprehension. Government members should get their the mass train cancellations that we saw last week! On heads out of the sand, get their backsides on the trains top of that, we had the mass electricity outages and and talk to some real people. When the government is rolling stoppages, with international visitors thrown licked it should not resort to icy poles; it should fix the onto the streets of Melbourne. Government members problem. should hang their heads in shame. This debate is being had because Victorians expect it. The debate has Ms Darveniza bemoaned the fact that there was a range already been won out there in the community, and if the of places that Mrs Petrovich did not mention in her government does not believe that is the case, it should debate. As was mentioned earlier, to use a metaphor, get out there and talk to a few people. this debate is not an express train; it is stopping at all stations. All members on the opposition benches feel I completely disagree with those who have tried to run obliged to represent the frustrations and anger of their the argument that opposition members cannot come in communities. But if Ms Darveniza wanted all those here and criticise without a plan. What a lot of rot! places to be mentioned, then we would have an Shining a light on failures means putting pressure on all-nighter. I would certainly be more than happy to the government to lift its game. Some of it does not take part in an all-night debate. Bring it on! require new policies; it merely requires better management of existing services and resources than has Ms Pulford spoke about the government being a victim been the case and has led to most of the cancellations of success. The government set the target of 20 per cent that have occurred. The debate on how to grow the of all journeys to be by public transport by 2020. We system further for a growing city is a different and are probably now hovering somewhere between 8, 9 or separate debate. On this business of saying opposition 10 per cent, and it is absolutely falling apart at the members should not come in here unless we have an seams. It is certainly beyond comprehension how the alternative policy — the government will hear about the government cannot just admit the fact that there is a alternative policies at a time of our choosing. We know system breakdown. A large part of the reason is simply PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

124 COUNCIL Wednesday, 4 February 2009 this: the government has had two members of the with whatever other endeavour they need to do. The Socialist Left administering the public transport system. responsibility of the government is to provide the It had Peter Batchelor in the Assembly administering it physical capital, the infrastructure, so that people can for seven years, and he wrecked it. Now it has get about and do their jobs, supported by key services, Ms Kosky in the Assembly administering it, and she is the social capital, that are available when they need going to put the nail in the coffin. For God’s sake, at them. It is the government’s responsibility to do so with least give it to a member of Labor Unity! I tell the the least wastage of money and in the most open and government to fix it, manage it, replace the sleepers, transparent way it possibly can. I have spoken about use some bolts that work and do not fall apart when the this before: the government has failed to deliver on heat ramps up, and talk to the unions. It is in the those basic areas of governance. box-seat position to talk some sense into those drivers who seem to be walking off their jobs over minor issues South Eastern Metropolitan Region has been mentioned and causing train cancellations. The government is in by my colleague Gordon Rich-Phillips, where the train the best position to negotiate some sort of peace and network is serviced by the Glen Waverley, Frankston, initiate some sort of dialogue between Connex and Cranbourne and Pakenham lines. These are some of the those unions, but it has failed on every measure. worst performing train lines throughout the network, with constant delays and key peak hour services being Basically the government has failed on three fronts. cancelled on a daily basis. As was mentioned earlier, a First and foremost, as I mentioned before, it has failed few days ago Cranbourne ended up with virtually no in the basic management, replacement and maintenance trains whatsoever. of existing infrastructure. It has bungled many of the projects that it has attempted to implement: myki and The Premier’s statement of intent is a confession. He the very farce — not ‘fast’ but ‘farce’, as it is ought to hang his head in shame. In terms of new commonly known — train come to mind. But of course infrastructure, it is on the never-never. Commencement importantly it has also failed to invest in new of the Lynbrook railway station and the Cranbourne infrastructure for a growing city. So in the area of East extension seems to have been pushed out further public transport it has failed on every measure. and further for years. Local constituents bemoan the fact that they have bought into these very expensive and Some latitude was given to Mr Scheffer to speak about attractive areas, but that there is little hope of those the road network. He argued that there was connectivity projects being brought online. They are looking between public transport and the road network, and I forward to a Liberal government which would bring agree. If this government had any common sense those projects forward. whatsoever — obviously for a number of years it has not — it would make sure that public transport and I would just like to end with two anecdotes about the roads were under the administration of a single minister, experiences of two local constituents. One is Steven not two ministers in different factions. We do not need Haverly from Chelsea, who travels every Saturday and the internal baggage of the Labor Party to be weighing Sunday from Chelsea station to Watsonia station for down our system any more than is already the case. work. Every Sunday, because the first train is at 7.01 a.m., Mr Haverly is 35 minutes late for work. If Mr Finn said that of course it gets hot in Melbourne, there is a delay, then he can be over an hour late. If and clearly we have had some hotter weather than is Mr Haverly is subjected to one of Ms Kosky’s usually the case. Nonetheless what that has done is cancelled trains, then he may be subjected to delays of apply some heat to areas of stress and areas of more than a couple of hours due to a lack of services. neglect — that litany of failures over a number of years. Despite all the money that the state government has The next bit is interesting. Mr Haverly stated in a letter spent and all the prosperous times, we in Melbourne to my office that if there is track work on the Frankston face daily train cancellations. We face a minister who or Hurstbridge lines, he usually travels to Watsonia late does not want to hear about commuter concerns, so on the Saturday night — the night before — and camps much so that I had to set up a special email address to out in the local church grounds so that he can get to encourage people to tell me their concerns. work on time. That is what members opposite are forcing people in their constituencies and mine to do. We face maintenance issues and a whole range of other They are forcing people to live in parks so they can get issues that I have already mentioned, but handing out to work on time. icy poles is certainly not going to make people feel a hell of a lot better when they cannot get to work, get Kerril Burns from Cranbourne, who is a member of the home to look after the kids, pick up the kids or get on Casey Roads and Infrastructure Group, had to travel PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 125 from Cranbourne to Southern Cross station on public PUBLIC TRANSPORT: METROPOLITAN transport. When she went to the online train timetables AND REGIONAL SERVICES to plan her trip to arrive at 8.30 a.m. at Southern Cross station, she was informed online that her most reliable Debate resumed. service would be to arrive at Cranbourne station at 3.59 a.m., catch a bus to a train station and then catch a Ms BROAD (Northern Victoria) — For $1 billion train to another station, depart there and catch a bus to there was not one more service and not one more new Southern Cross station. piece of infrastructure. On top of that, that frustration was compounded by the failure of the regional rail The online timetable informed Ms Burns that she privatisation model also put in place by the Liberal and would arrive at Southern Cross station at 8.12 a.m. — National government and further outlays that were that is, 4 hours and 13 minutes to get from Cranbourne necessary because of that failure to take over the to Southern Cross station on public transport! Members regional rail network. opposite should hang their heads in shame. They should use this debate as an opportunity to create some will, to I further reject the claims of concern by Liberal and force their ministers to do something about it. Those Nationals members now because they continue to stand opposite are letting the people of Victoria down. Ten by the decisions of previous Liberal and National years is enough time, and there are no more excuses. governments, including the failed privatisation models, including the closure of regional passenger rail services Ms BROAD (Northern Victoria) — I rise to oppose and regional rail lines, and including the running down Mr Koch’s motion, claiming to express concern at the of regional rail networks, necessitating reductions in impact on businesses and families of failures in public operating speeds that make rail uncompetitive with road transport services and infrastructure, including in and that make rail unsafe and ultimately force closures regional Victoria. I oppose this motion because whilst I of regional rail networks. Liberal and Nationals share the frustrations of businesses and families, I members opposite continue to stand by all of those certainly reject the claims of concern by the opposition. things. I share the frustrations of businesses and families, just as the government was frustrated when shortly after I also reject the motion because the Bracks and Brumby election to office it was forced to make a financial governments have demonstrated through their actions a injection of $1 billion just to keep the trains running, commitment to build the transport system that all because of a failure of the previous Liberal and Victorians, including Victorians in regional and rural National party government’s privatisation model. Victoria, deserve. As a member who represents regional and rural families and businesses in Victoria, I Mr P. Davis — You have got to be joking! You would like to focus particularly on some examples of were elected yesterday, were you? Have you only been the actions and the investments that have been made by in office for a day? the Bracks and Brumby governments in regional and rural Victoria. Ms BROAD — For $1 billion — if Mr Davis would just be quiet — not one more service — — The regional freight network review — also known as the Fischer report — was responded to very rapidly by Mr P. Davis — It does not work anymore, Candy! the government on a number of fronts, by implementing its key recommendations. The key Debate interrupted. recommendations included an access fee rebate for domestic grain on rail, which, very importantly, led to SUSPENSION OF MEMBER the continuation of domestic grain train operations in Victoria. Mr P. Davis The government commenced a $73 million upgrade of The PRESIDENT — Order! This has been a while the Mildura rail line, ensuring that it remains a freight coming. Mr Davis has been interjecting and using first transport option for the state’s north-west, a very names while members are on their feet. He knows the important part of Northern Victoria Region, my drill. I note that Mr Davis will be speaking next, so I electorate. As well as that the government provided a ask him to leave the chamber for 5 minutes. $20 million rail freight transport package providing an access fee rebate on export grain and containers from Mr P. Davis withdrew from chamber. regional Victoria to the port of Melbourne. PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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There was also some $23 million for the rehabilitation deficiencies of the Brumby government with respect to of gold lines identified in the review and $19 million its management of public transport. for maintenance of freight-only networks. On top of that, there were upgrades made to silver lines I could not let this moment pass, having been provoked identified in the report, which are lines like so outrageously by the former minister, Candy Broad, Quambatook to Manangatang, Charlton to Sea Lake, who in provoking me reminded me of the diligence Warracknabeal to Hopetoun, and Ouyen to which she showed when she was a minister and in fact Murrayville. As well as that, we have funded new train took responsibility for her actions as a minister; but carriages on the Bendigo to Melbourne line and road now as part of the collective of the Brumby government upgrades which have been very important for bus that she seeks to shelter behind, which offsets all services and public transport services in regional and responsibility for all the failures of her government on rural Victoria. to somebody else. And who is the villain? Jeffrey Gibb Kennett, perhaps. Those are just a few examples; there are many others. There was $500 million for the north-east rail I say sorry to Ms Broad, and I make the point that for improvement project, which will standardise and the three decades up to the election in 2010, her party upgrade the 208 kilometre broad gauge line between will have been in office for 75 per cent of that time. In Albury and Seymour. That is a very important part of other words, for 75 per cent of the last three decades my electorate in the north-east of Victoria, and the Labor has had responsibility for the delivery of services project will allow the passage of faster and heavier in this state. Indeed at the election in 2010 Labor will freight trains, and faster passenger trains. have been in office for more than a decade consecutively. Candidly, it is absolutely beneath I could go on. On top of these projects which I have contempt for a former minister of the Crown to seek to referred to, which are not new announcements, the absolve herself of her individual and collective Bracks and Brumby governments have already made responsibility by blaming a previous government which investments which are already under way, where was there for 5 minutes of sunlight over three dark carriages are being delivered at the rate of one a month decades of gloom. and the upgrade to the Mildura line actually arriving in Mildura. These are things which have been and are We are seeing Labor returning to form in the sense of being delivered. the Prime Minister, Kevin Rudd, who no doubt is displaying the direction which we can anticipate On top of that, my colleagues have referred to the coming shortly from the state Labor government — further commitments in the $38 billion Victorian that is, back to the Whitlamesque past of ‘Spend as hard transport plan, which, to use just one example because I as you can go and do not care about the debt’. The know we are constrained by time, includes a new irresponsibility of Labor is hard to believe and what is project such as the regional rail link — the new rail link also irresponsible is that the Labor government in between West Werribee and Southern Cross stations — Victoria still blames somebody else for the fact that it is going to result in multiple benefits. There will be has had record revenues but has failed to invest. It is a benefits for metropolitan passengers in terms of fact that underinvestment in public services and 9000 extra passengers every hour as well as much infrastructure has led to this chaos in public transport. improved services for passengers from regional and The truth is that under the watch of Ms Broad and rural Victoria — on top of the investments already under the watch of Ms Broad’s ministerial colleagues, made by Labor in regional rail. the government has failed to deliver the basic services to the Victorian public which it expects; Labor will be Those are just a few examples of the reasons why I charged and condemned for it. oppose this motion, and I reject the professed concerns set out in the motion in the light of the track record In November 2010 the government will be judged and which members opposite continue to stand by to this condemned for it, as it rightly should be. What has day. happened? In a state I thought was a First World state we find we have Third World services. Robert Mugabe Mr P. DAVIS (Eastern Victoria) — I am pleased to could not have engineered anything more farcical than join this debate on the motion moved by my learned the situation of last week. Firstly, the Premier came out colleague, a very honourable man, David Koch, who and said that we had plenty of reserve capacity in has in his wisdom decided to bring to the attention of electricity. If Ms Broad had been advising him I am the Parliament, and therefore the public, the sure he would not have said that; quite obviously he did not talk to her. Secondly, he came out and said, PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

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‘Everything is fine, we have plenty of water, it will be inquiry to consider all the detail of the fiasco of the good’; and thirdly, he said, ‘Public transport is fine, the meltdown in the public transport system last week. trains will all run on time, we are okay’. What happened? His reputation melted down, as did the Mrs COOTE (Southern Metropolitan) — I have tempers of the travelling public. great pleasure in speaking on and supporting the motion of my colleague David Koch. No transport, no water, I could not believe that more than 700 trains were no power. Where is this? This is not Zimbabwe or cancelled on Friday. I could not believe that half a Mumbai or some other underdeveloped country — this million people were off the electricity supply. I could is Melbourne in 2009. It is absolutely appalling. We not believe that this is a First World country. It is not. It should all be totally ashamed of this government for is a joke. This is an embarrassment. What must what it has inflicted upon people and the images that no international visitors think of Victoria? I have had a doubt would have been spread right around the world daughter travel in Africa and I have received a text of Victorians sweltering on railway stations with from Africa saying, ‘No power, no water, no English’. I 700 cancelled trains. could accept that. But if a European backpacker sent home to Europe a text saying, ‘No power, no public What were they being offered? Icy poles. That was transport’, can you imagine what people would think of absolutely the final indictment of them all. How Victoria and of Melbourne? What a laughing stock! absolutely patronising and senseless that was. Then we Thank you very much, Steve Bracks and John had free transport. That was also a cynical move, Brumby — Premiers both, but administrators? I think because most of the people who get onto the trains that not. were cancelled — all 700 of them — in that 45-degree heat have weekly and monthly tickets, and so the free Victoria has a major challenge in front of it. I will not travel was of no use to them at all. But do you know go to the detail; many members have given the detail. what? Members of the public in Victoria are not stupid. What I will say is that we deserve more. It is not good They understand — they knew it was an attempt to enough for the government to blame others; it is not bribe them and buy them off — and they are just not good enough for the blame to be sheeted home to the going to take it. transport union. I could not believe that implicitly the Minister for Public Transport supported the comments Part of my electorate is in the very inner city. South made by Connex, and that the suggestion that there was Yarra is an example. In South Yarra one out of every some sort of Machiavellian strategy by the train drivers four trains is supposed to be an express. What is to stop services would be accepted by the government. happening? We are now finding that three out of four Perhaps we should extract information through an open trains is an express because the trains are so full — and inquiry. Perhaps as a result of this debate the house may this is in normal circumstances — that people simply consider what to do next about this fiasco. Perhaps the cannot get onto them. We already know what happens house may consider establishing an inquiry. That would with people commuting from Geelong. On the Geelong get to the root of the problem, and we would hear what line so many seats have been taken out of the trains that the unions can tell us about the failure of the people have to take their own camp stools to sit on government to ensure we have a viable train system. between Geelong and Melbourne. These are weekly and daily commuters; they are taking their own fold-up I emphasise the fact that it is not just Melbourne that chairs to sit on in trains in Victoria. This is just has a problem; it is also country Victoria. I have raised unacceptable. How much longer will it be before they before in this place concerns about the government not are sitting on the roof? Will we see it becoming like the supporting bus services, about the disruption to the situation in India? I can imagine. It has not been within Gippsland rail line, and about the delays in and frequent the realms of possibility. Who would have ever cancellation of services which means that trains expected that this is what we would see happening in suddenly become buses and there are waiting times of a Victoria? None of us in this chamber, who grew up couple of hours on occasions, and typically of knowing that we had a safe, secure, reliable and 45 minutes. efficient transport system. What sort of heritage and legacy is this government going to leave for people in I suggest that the whole system is shambolic and that Victoria? People are hanging onto straps, if they can this is a result of the government not taking sufficient find straps, and are being pushed and shoved against interest and therefore not making sufficient investment. other people — if they can get onto the transport. I urge the house to support the motion and to give some consideration to what it should do next. Perhaps it could In Japan the transport system has very fast trains. move from this motion of concern to establishing an People push other people to get onto the trains, but once PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

128 COUNCIL Wednesday, 4 February 2009 they get onto them, the trains get there on time, they are I refer to a news release issued by the office of the then efficient and they work properly. Here it is an absolute Premier Kennett on 25 June 1999. This news release, to disaster. which members opposite have had full access for almost a decade now, says: I ran a public forum on transport in Bentleigh. The feedback from that was absolutely fascinating. I remind National Express will pursue extra investment, improved the chamber that Bentleigh is the seat of Mr Rob customer services and marketing in a bid to greatly increase patronage across the franchises. Hudson, who is the Parliamentary Secretary for Public Transport; he is propping up Ms Kosky, and the two of It has forecast rises of 84 per cent on Bayside Trains, 40 per them are in charge of this debacle. The people in Rob cent on Swanston Trams and 74 per cent on V/Line Hudson’s very own seat said, ‘We are frightened, we Passenger, which underline the benefit of introducing private sector involvement into public transport. feel unsafe, we feel our personal space is being invaded and we are missing out on family time. We will not We know they are hopeless and hapless, but they say forgive this government for taking away our personal they were ill prepared for the increase in patronage. time. The transport is dirty and unreliable’. They are What nonsense! This has been there, at their fingertips particularly concerned about this. for nearly 10 years — more and more lies. Let us put this into some sort of context. We are talking about a In doing research for this speech — I could go on with situation fraught with strife which, because of people’s a lot, but others wish to speak and we have time experiences last week, could currently be described as a constraints — I found many situations, involving not reign of terror that has been introduced to this state. just the trains but the trams as well. Recently on St Kilda Road there was a crash between two trams. I have lived in Melbourne all my life, and we get a lot Ten commuters were injured and the city-bound of hot days. A 45-degree day is a very hot day, but there services were stopped for 90 minutes while the scene are plenty of days where we have temperatures over 40. was cleared. It occurred on the corner of St Kilda Road However, last Friday, 730 Melbourne metropolitan rail and Commercial Road. Seven people had to go to the services had to be cancelled. Even the government Alfred Hospital and had to walk there — which is would have to agree that was the worst day in living another situation, with the health services. One elderly memory for the 400 000 people who patronise the man was taken by ambulance to the Alfred Hospital. system. One passenger said: I am starting to feel sorry for Connex. It looks like a I got on the tram at Elsternwick and the tram overshot the scapegoat to me. It has to be obsequious and compliant tram stop several times along the way … A lot of people fell over and some people were screaming … with contractual obligations, and it also has to be the whipping boy of the government. Connex, in trying to It was terrifying. We are supposed to be a First World, deliver services, be compliant and live up to what is set developed country. In question time today we heard the out in the contract, has to rely on the availability of Treasurer say that the government was going to keep trains, track signalling systems and other essential the budget in surplus; maybe it is going to keep it in infrastructure which is not available. London is surplus by not spending any money on infrastructure. currently replacing its wooden sleepers with Perhaps that is how it is going to achieve this aim it is 100 kilometres of concrete sleepers. Why can we not do talking about. However, I looked up a country on the that? computer and the site said, ‘Do not under any circumstances ride on the trains. They are unreliable, Going to the heart of this, who are the real bogeymen in dirty, inefficient and dangerous’. It could have been this game who are inflicting suffering on the travelling Melbourne — it was Zimbabwe, and it is coming our public of Victoria? I can tell the house who they are. It way. It is a disgrace. is the Rail, Tram and Bus Union that has this government in thrall. This government has to Mrs KRONBERG (Eastern Metropolitan) — In communicate on bended knees with this union. Its rising to support Mr Koch’s succinct, timely and members are the inheritors of a mindset that saw the important motion it is important that the record should tram strike in 1989 and 1990 bring this entire city into assist the people on the other side of this chamber, those gridlock, with every tram in the system at a standstill of the left whose practice it is to rewrite history or rely throughout the central business district. on selective memory. We have been hearing a lot of bleating from the other side, that they were uninformed This is the union that is currently negotiating an about what the impact of privatisation would be on the enterprise agreement with Connex. This is the union Victorian public transport system. that is insisting that its train drivers maintain their level PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

Wednesday, 4 February 2009 COUNCIL 129 of driving. How many hours a week does a train driver services since coming to office. In response, Victorians in this state average? The term is ‘foot on the pedal’. have voted with their feet, as there has been a 40 per They sit with their foot on the pedal for a whole cent increase in patronage on Melbourne’s metropolitan 18 hours a week in this state at the moment, and they trains over the past three years. I am informed that I am are very twitchy about maintaining it. That is why they out of time; I oppose the motion. are what is described as overzealous about fault-finding that has taken too many trains out of the system. It is a Mr ATKINSON (Eastern Metropolitan) — The disgrace. hallmark of this government over 10 years has not been its achievements in the areas that it has nominated as its We can look at the scandal of myki or the collapse of priorities but its ability to churn out excuses as to why the rail communication system. At Narre Warren there has been such underperformance and a fall in station we saw a young girl hit by a train because there standards in each of those areas. Members on this side was no workable communications device for those of the chamber have ranged across a number of things about to witness the accident to prevent the train hitting in the context of this debate, including falling that young girl. The train driver could not be contacted educational standards, and the opposition’s claims were as he drove the train. vindicated today by an Auditor-General’s report. There are falling standards in health despite its supposedly The state of the Metrol control centre and the lack of being a major priority, and the public transport system money that has been provided for it are absolutely is a debacle. The hallmark of this government is its appalling, as are the overruns and the fact that this has excuses rather than its achievements. been going on and still cannot be delivered. Even when the Metrol control system is delivered there will still be I do not want to cover the ground that other members 700 kilometres of track in what they call the dark zone. have spoken about today, but I certainly endorse many Enough is enough! We have seen too many people of the things they have brought to this debate. Some of frightened about travelling on public transport. Women the remarks of my colleague Matthew Guy are well do not want to ride on public transport. worth considering very carefully in the context of the failure of this government, despite the rhetoric and spin, I can say I am alert to what the government is trying to to invest in the system and in new trains that are able to do at Ringwood railway station. It is a little bit of deliver the services. window-dressing: it is going to look like Universal Studios! It is going to be a cardboard cut-out station It is not surprising that there are cancellations. Whilst with filthy conditions once you access the station. The there has been a lot of focus in this debate on the government should clean up its act. It should clean up extreme conditions last week, and government the stations, put more trains on and buy Australian. members have very quickly resorted to the defence of extraordinary weather conditions, the reality is that the Mr SOMYUREK (South Eastern Metropolitan) — context of this debate from the opposition’s point of I rise to speak in opposition to the motion that is before view and more importantly from the public of the house today. We have had numerous speakers on Victoria’s point of view is that we are not talking about both sides of the argument and they have put their cases last week. eloquently, so I will be brief. Both the Brumby and Bracks governments have given high priority to public We are talking about an extended term during which, transport since gaining office in 1999, with the on a week-in, week-out basis, the train services — the Victorian transport plan being the latest manifestation public transport services — have let the people of of this. Victoria down. There have been cancellations every week, not just last week. There are incidents where I intended to speak to the detail of that plan, but I will people are unable to make connections on their trains not. I understand the concern and the frustration felt by and where they are unable to get to work on time the Victorian public transport users in recent times. because services are simply cancelled. The reality is Train cancellations and delays are not something we as that the people of Victoria want a fairly basic a government are proud of. On the contrary, as a prescription in terms of public transport, and this government we have been vigorously promoting the government has failed to deliver on any of it. What use of public transport. One of our documents on public Victorians are looking for is a reliable and efficient transport, Melbourne 2020, is an example of this. public transport system. What they are looking for is a safe public transport system. What they are looking for Our actions have matched our rhetoric in this regard, is a clean public transport system. What they are and this is evidenced by the introduction of 1000 extra looking for is connectivity, or linkages, between PUBLIC TRANSPORT: METROPOLITAN AND REGIONAL SERVICES

130 COUNCIL Wednesday, 4 February 2009 different modes of transport so that they can get to their in revenue. While I am speaking for these 3 or destinations. This government has not delivered any of 4 minutes, they will have collected half a million that. This government has simply been delivering dollars in tax revenue. And what are they doing with all excuses. this money? Where are the services? Where is our public transport? Mr Robinson, the member for Mitcham in the other place, recently sent out a circular in Blackburn picking I heard Labor speakers talking about the Kennett up on a speech that I made in reply to the budget last government closing down some rural lines and saying, year. He referred to a comment that I made to the effect ‘We reopened them’. I remember, to get her vote in that if I were Treasurer and had control of the purse and 1999, it promised Susan Davies, a former Independent were able in a visionary sense to look at what member for Gippsland West in the other place, that it opportunities there were for public transport, I might would reopen the Leongatha line. It is still not open. It look at projects like a tramline on Blackburn Road. promised Russell Savage, a former Independent Mr Robinson sent out a circular suggesting that that member for Mildura in the other place, that it would would require all sorts of land acquisitions and that it open the Mildura line. Of course it is not open. It has was Liberal Party policy. It was none of that. He did promised the residents of Maryborough a passenger quote me correctly in his letter, and the reality is that line service every year since 1999, and here we are the quote said nothing of the sort and made no today a decade on hearing again that it promises by the commitment to that sort of project. It simply tried to next election they will have a passenger rail. We have illustrate the fact that connectivity and improvements in heard this for a decade, and nothing has happened. public transport are expectations of Victorians and that these things are not being delivered by the government. I will just finish by saying — because I have got no time left — that I went to see a movie the other night Mr Robinson is very good at trotting out the spin doctor called Slumdog Millionaire. lines of this government, but the reality is that despite his assurances that the system works for Victorians, all An honourable member — A good movie. those people who are commuters on the system know that it does not — not only in extreme circumstances Mr VOGELS — It was a good movie; it was an like last week, which has been the claim of government excellent movie. And the rail system in Mumbai, India, speakers, but it has not worked week in, week out over is better than what we have in Victoria. It was the course of this government’s entire term. The absolutely mind-blowing. I know people were sitting on stewardship of this minister and the previous minister in the roof of the trains, but at least they were moving. regard to delivering public transport services has been Here we cannot even move them. In conclusion, I abysmal and has failed the people of Victoria. As I said, support the motion moved by Mr Koch, and I hope all the hallmark of this government is not its achievements members of the house do likewise. in public transport; the hallmark of this government is Mr KOCH (Western Victoria) — I would like to its excuses. And people are sick of them. thank everyone who participated in the debate today. It Mr VOGELS (Western Victoria) — I think I have is a very serious debate, and I know that people, 4 minutes to speak. I rise tonight to support the motion certainly on this side of the house, took it that way. I moved in the house by David Koch. As I listened to think some of the responses from government members government members continuing to speak ad nauseam were far more light-hearted and were right off the mark, on this motion throughout the afternoon, I was hearing and that disappointed many. Everyone on this side of that it was always someone else’s fault. It was the the house spoke — all our Liberal-Nationals coalition Kennett government or the Howard government, or it is colleagues. People from regional Victoria certainly climate change — you name it; it is always everybody expressed their concern, as metropolitan people did, else’s fault. I would have thought one of the things that and it was very clear throughout the debate that the state governments are responsible for is infrastructure; government certainly has not done enough over the last that is what they are responsible for. I remind the house nine and a half years. As my colleague Mr Philip Davis that of the last 29 years this government has been in said, this government has been in power for 75 per cent power for 22 years. The Liberal Party was in power for of the last 30 years. It cannot keep playing the blame seven. So for 75 per cent of the last 29 years there have game. It must take some responsibility itself. The days been Labor governments. Since the 1999 election this of rhetoric and spin are behind it. In conclusion, again I Labor government has collected over $250 billion. say to Mr Brumby: no more excuses! The community They are currently collecting over $100 million a day in is not standing for it any longer. revenue, or $4 million an hour, or $66 000 per minute SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

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House divided on motion: Overview of bill

Ayes, 20 The bill includes two key amendments to clarify Parliament’s intention in relation to the meaning of the word ‘likely’ in the Atkinson, Mr Kavanagh, Mr test for making and reviewing extended supervision orders Barber, Mr Koch, Mr (Teller) (‘ESOs’) under sections 11 and 23 of the Serious Sex Coote, Mrs Kronberg, Mrs (Teller) Offenders Monitoring Act 2005 (‘the SSOMA’). Dalla-Riva, Mr Lovell, Ms Davis, Mr D. O’Donohue, Mr First, the bill clarifies that the word ‘likely’ in sections 11 and Drum, Mr Pennicuik, Ms 23 of the SSOMA refers to a risk of the offender committing Finn, Mr Petrovich, Mrs a relevant offence, where that risk is both real and ongoing Guy, Mr Peulich, Mrs and cannot sensibly be ignored having regard to the nature Hall, Mr Rich-Phillips, Mr and gravity of the possible offending. Hartland, Ms Vogels, Mr This form of words has been adopted by the courts in New Noes, 18 Zealand (‘NZ’) in relation to the meaning of the word ‘likely’ in the NZ test for extended supervision (see Belcher v. Chief Broad, Ms Pakula, Mr Executive of the Department of Corrections CA 184/05 Darveniza, Ms Pulford, Ms 19 September 2006 at [11] and The Queen v. Peta [2007] Eideh, Mr Scheffer, Mr NZCA 28 at [8]). It has meant that courts in New Zealand Elasmar, Mr Smith, Mr have the flexibility to make extended supervision orders in Huppert, Ms Somyurek, Mr circumstances where the offender is clinically assessed at a Jennings, Mr Tee, Mr (Teller) moderate level of risk, but the seriousness of harm that might Leane, Mr Theophanous, Mr (Teller) be caused if sexual offending occurred cannot be ignored (see Madden, Mr Tierney, Ms for example, Department of Corrections v. Kingi [2008] Mikakos, Ms Viney, Mr NZHC 63).

Pair This is an appropriate form of words to adopt in this Davis, Mr P. Lenders, Mr jurisdiction, since it provides courts with guidance as to Parliament’s intention in relation to the word ‘likely’ in the Motion agreed to. context of the SSOMA, and ties the test back to the harm with which the scheme of the SSOMA is principally concerned and seeks to protect against.

SERIOUS SEX OFFENDERS MONITORING The bill also clarifies that, for the avoidance of doubt, where AMENDMENT BILL sections 11 and 23 of the SSOMA refer to the word ‘likely’ this should be taken to permit a determination of the likelihood of relevant offending at a threshold that is lower Introduction and first reading than the threshold of more likely than not.

Received from Assembly. These amendments will apply to any applications for ESOs or reviews of ESOs that are assessed by the courts after the bill Read first time on motion of Hon. J. M. MADDEN commences. (Minister for Planning). Second, the bill clarifies that, for the avoidance of doubt, sections 11 and 23 as in force before the commencement of Statement of compatibility the bill, are taken always to have permitted a determination of the likelihood of relevant offending at a threshold that is Hon. J. M. MADDEN (Minister for Planning) lower than a threshold of more likely than not. tabled following statement in accordance with Charter of Human Rights and Responsibilities Act: The effect of this will be to override what was said in RJE v. Secretary to the Department of Justice [2008] VSCA 265 In accordance with section 28 of the Charter of Human Rights (RJE), in respect of the requisite degree of likelihood being and Responsibilities, I make this statement of compatibility ‘more likely than not’; and to restore the state of the law that with respect to the Serious Sex Offenders Monitoring applied previously, in TSL v. Secretary to the Department of Amendment Bill 2009. Justice [2006] VSCA 199 (TSL), to the extent that TSL refers to the requisite degree of likelihood. In RJE the Court of In my opinion, the Serious Sex Offenders Monitoring Appeal said that the word ‘likely’ in section 11 requires that Amendment Bill 2009, as introduced to the Legislative an offender is ‘more likely than not’ to commit a further Council, is compatible with the human rights protected by the relevant offence if unsupervised; whereas in TSL the Court of charter. I base my opinion on the reasons outlined in this Appeal held that the word ‘likely’ here does not require the statement. I also note that I have previously provided a Secretary to the Department of Justice to prove that it is more lengthy statement concerning the compatibility of the likely than not that a person will commit a relevant offence; SSOMA, when it was last amended in the Justice Legislation and that there is no reason to think that [the degree of Amendment Bill 2008, including follow-up correspondence likelihood] must be more than 50 per cent. with the Scrutiny of Acts and Regulations Committee. I do not propose to repeat that discussion in this statement. This amendment will not affect the rights of the parties to the RJE proceeding. SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

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Human rights issues protection or promoting the rehabilitation, care or treatment of the offender. Human rights protected by the charter that are relevant to the bill Ultimately the limitations on the rights of the offender must be assessed in light of the purpose of the SSOMA, which is to These amendments clarify the test for making an ESO under ensure the protection of the community from the likely section 11 of the SSOMA, which is duplicated in the test for commission of serious criminal offences. Moreover, the review of an ESO under section 23 (that is, the ESO must be SSOMA contains important safeguards in relation to the revoked unless the same test is met). These sections do not operation of ESOs. These include: directly limit rights, but could be said to authorise limitations on rights. an ESO is imposed by a court, independent of the executive; In relation to which rights are engaged by the making of an ESO, it is necessary to turn to the automatic conditions that an ESO is subject to mandatory periodic review every attach to an ESO. These are set out in section 15(3) of the three years; SSOMA and are designed to ensure community protection and promote the rehabilitation of the offender. According to an offender subject to an ESO may apply to the court for these conditions, an offender must not commit another review of the ESO at any time with the leave of the relevant offence; must attend any place as directed by the court; secretary or the Adult Parole Board for supervision, assessment or monitoring; must report to, and receive visits an offender retains a right to appeal to the Court of from, the secretary or any person nominated by the secretary; Appeal in relation to the making of or refusal to revoke must notify the secretary of any change of name or an ESO. employment; must not move to a new address without the consent of the secretary; must not leave Victoria except with Conclusion permission of the secretary; and must obey all lawful In these circumstances, I do not believe that the amendments instructions and directions given by the secretary or the Adult will unlawfully or arbitrarily interfere with an offender’s Parole Board. rights to privacy and liberty. Furthermore, whilst the making In my view, these conditions engage the offender’s rights to of an ESO will limit an offender’s right to freedom of privacy, liberty and freedom of movement under the charter. I movement, this limitation is justified under the charter for the note that these were also the charter rights identified by reasons set out above. Justice Nettle as relevant to consider in relation to section 11 Justin Mark Madden, MLC of the SSOMA in the RJE decision. In saying this, I do not Minister for Planning think the making of an ESO engages the rule against double jeopardy embodied in section 26 of the charter, as it does not involve the trial of a person twice for the same offence; and Second reading does not impose a retrospective punishment on the offender, contrary to section 27 of the charter, because the making of an Ordered that second-reading speech be ESO is protective rather than punitive in nature (see incorporated on motion of Hon. J. M. MADDEN especially Fardon v. Attorney-General (Qld) (2004) 223 (Minister for Planning). CLR 575). I will accordingly turn to examine the impact of the amendments on an offender’s rights to privacy, liberty and Hon. J. M. MADDEN (Minister for Planning) — I movement. move: In the RJE decision, Justice Nettle found it was necessary to construe ‘likely’ in section 11 of the SSOMA as conveying That the bill be now read a second time. the meaning of ‘more likely than not’, given the impact of an ESO on the offender’s right to freedom of movement, Incorporated speech as follows: privacy, if not also liberty. I have carefully considered His Honour’s reasoning. In my view, His Honour was Since 26 May 2005, the Serious Sex Offenders Monitoring considering the test of ‘likely’ in the absence of any Act 2005 (‘the monitoring act’) has provided a vital measure consideration of the type of reoffending that might occur. of protection for the community against known sexual Section 7(2) of the charter requires a balance between the predators. Where an offender is serving a custodial sentence rights of offenders as well as the rights of the community, for a serious sexual offence including an offence against a particularly potential victims including children. Whether it is child or adult, the monitoring act enables a court to impose an reasonable and justifiable to impose restrictions upon the extended supervision order on that offender for up to 15 rights of offenders depends not only on the likelihood of years, after his or her custodial sentence expires. reoffending but also on the nature and gravity of the potential reoffending. In my view the test should reflect this, and The community is rightly concerned about offenders who enable ESOs to be made even where it cannot be proved that have demonstrated and been clinically assessed as having a an individual is more likely than not to reoffend. proclivity toward this type of offending. In the cases we have seen so far, it is clear that but for their extended supervision, It should also be remembered that the restrictions imposed on further sex crimes would have been committed. Many such offenders subject to ESOs vary depending upon the individual offenders have little insight into or control of their offending, circumstances of the offender. In this respect, the instructions or empathy for their victims, and it is foreseeable in these or directions given by the Adult Parole Board must be cases that they will go on to offend again in the absence of ‘necessary’ to achieve the purposes of adequate community appropriate supervision. 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In some cases, even a moderate risk of such offending is, in Parliament is therefore called upon to support these urgent the government’s view, unacceptable, if it involves a risk of amendments to the monitoring act, so as to reinforce the serious sexual offences. This is because the impacts of sex measure of protection intended to be provided by the act. crimes are devastating for the community generally, but more importantly, for victims, who will often experience the trauma In particular, it is proposed that the bill will amend the and pain of sexual assault throughout their lifetime. Where monitoring act to enable a court to impose an extended the government is aware of the risks posited by certain supervision order where there is a risk of relevant offending offenders, it is only right that steps are taken by the that is ‘both real, ongoing and which cannot sensibly be government to reduce those risks and prevent such enduring ignored having regard to the nature and gravity of the harm. The point also needs to be made that it is better for the offending’. government to take responsible and measured steps to minimise the risks of serious sexual predators in the This form of words has been adopted by the courts in New community, rather than leaving it to the community to defend Zealand (‘NZ’) in relation to the meaning of the word ‘likely’ itself against such individuals. in its extended supervision scheme. As in NZ, it is anticipated that it will provide courts with more positive guidance as to Ultimately, however, the question of whether a supervision Parliament’s intention in relation to the word ‘likely’ in the order should be imposed is one that can only, and quite context of the monitoring act. rightly, be answered by a court. The test for extended supervision requires the relevant judicial officer to consider In particular, it is not intended that the test for extended whether he or she is satisfied, to a high degree of probability, supervision requires that an offender is ‘more likely than not’ that the offender is likely to commit a further relevant offence to commit another relevant offence if unsupervised, nor does it if released into the community in the absence of an extended require a numerical estimate of the likelihood of reoffending. supervision order. Courts have also been mindful thus far of the impacts of 16:49 In considering whether this test is met, the judicial officer is extended supervision orders on offenders and what is at stake required to take into account any clinical assessment report for offenders if they are subject to such orders. While these tendered in evidence by the Secretary of the Department of matters cannot be discounted, this amendment directs the Justice or the offender. The assessment report is intended to courts to also contemplate, however, what is at stake for the provide an indication of whether the offender has a propensity community if an order is not imposed. to commit relevant offences in the future. Clinical assessments of offenders are based on a combination of actuarial risk This may mean that in some cases even a small likelihood of assessment — that looks at statistical probability of reoffending could be sufficient to warrant the imposition of an reoffending — and empirically guided clinical judgement on extended supervision order, having regard to the gravity and the part of the clinical expert — which takes into account an nature of that possible offending and its impacts on the individual’s circumstances. The ultimate assessment community and possible future victims. necessarily accommodates any dynamic factors that might While it is acknowledged that extended supervision orders increase or decrease an offender’s risk level, and, as such, a have some impact on the liberty of offenders subject to such precise mathematical estimate of risk is not generally possible. orders, it is the government’s view that a curtailment of Reliance on actuarial risk assessment tools, as opposed to offenders’ liberty in the form of an extended supervision empirically guided clinical judgement on the part of the order is a reasonable limitation of their human rights, where assessor, is also not possible in the case of persons with they continue to present a real, ongoing risk of harm to the registered intellectual disabilities, female sex offenders and community that cannot sensibly be ignored. This is offenders whose offences are limited to possession of child particularly so, given that offenders on ESOs are also pornography, as these tools have not been validated on these provided with treatment, specialist case management and offenders. intensive support to address their offending behaviour.

In RJE v. Secretary to the Department of Justice, the Court of Consistent with the state of the law prior to the recent Appeal recently decided that the requisite degree of likelihood judgement of the Court of Appeal, the bill also clarifies that under the test in section 11 of the monitoring act is ‘more prior to its commencement, the word ‘likely’ in the test for likely than not’ to reoffend, or ‘more than 50 per cent likely’. extended supervision was not intended to require, and should With respect, I do not consider that it was Parliament’s not be taken to have required, a numerical estimate of the intention that extended supervision of known serious sex probability of the offender committing another relevant offenders would only be possible in such cases, particularly offence if an extended supervision order were not made; or given the limitations associated with clinical predictions of otherwise a clinical estimate that the offender was ‘more future conduct which may or may not occur and which cannot likely than not’ to commit a relevant offence if an ESO was be reduced to a precise mathematical equation. not made.

Rather, taking into account the gravity of the offending that It is intended that this will validate existing extended the scheme contemplates and seeks to guard against, and the supervision orders, notwithstanding what was said in the nature of such offending in terms of its pervasive impacts on Court of Appeal’s recent judgement in RJE. victims and the community generally, it is appropriate that the I commend the bill to the house. threshold for ‘likelihood’ accommodates a much lower level of risk. This would be consistent with other statutory schemes, where the word ‘likely’ has been judicially Debate adjourned on motion of Mr DALLA-RIVA interpreted as having a lower threshold where the relevant (Eastern Metropolitan). provision is intended to protect against harm; or to confer a public interest benefit. Debate adjourned until later this day. RESOURCES INDUSTRY LEGISLATION AMENDMENT BILL

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RESOURCES INDUSTRY LEGISLATION Human rights issues AMENDMENT BILL Human rights that are protected by the charter are unlikely to be affected by the amendment bill as the licensees under the Statement of compatibility MRSDA are likely to be corporations rather than individuals. The charter provides that only persons have human rights. Hon. M. P. PAKULA (Minister for Industry and Trade) tabled following statement in accordance However, the amendment bill technically engages a number of human rights in that licensees may be individuals, or that with Charter of Human Rights and Responsibilities individuals are directors or principals of licensees that are Act: corporations.

In accordance with section 28 of the Charter of Human Rights Section 13 — Right to privacy and Responsibilities, I make this statement of compatibility with respect to the Resources Industry Legislation The amendment bill ensures that persons that apply for an Amendment Bill 2008 (the amendment bill). extractive industries work authority have to provide certain information as set out in the new section 77I. In my opinion, the amendment bill as introduced to the Legislative Council is compatible with the human rights Section 13(a) of the charter relevantly protects a person’s protected by the charter. I base my opinion on the reasons right ‘not to have his or her privacy, family, home or outlined in this statement. correspondence from being unlawfully or arbitrarily interfered with’. While the information collected in the Overview of the amendment bill application process may contain personal information, the information is required to enable a decision to grant an Victoria’s extractive industries are currently regulated under authority to be made. Accordingly, any interference with the the Extractive Industries Development Act 1995 (EIDA) and privacy of personal information through the collection of through a range of planning, environment and occupational information cannot be seen as being arbitrary or unlawful so health and safety laws. as to be incompatible with section 13(a) of the charter.

The amendment bill will implement certain recommendations Clause 18 inserts a new section 77S which provides that a from the review of the efficient regulation of Victoria’s person who applies to a responsible authority for a permit extractive industries, concluded in March 2008. In particular, under the Planning and Environment Act 1987 to carry out an it will repeal the EIDA and provide for regulation of the extractive industry on land that is covered by another licence extractive industries through an amended Mineral Resources under the MRSDA must give notice to the department and the (Sustainable Development) Act 1990 (MRSDA). holder of that licence. Whilst it is unlikely that the planning permit contains personal information any interference with The merger of the extractive industry regulation into the personal privacy would not be unlawful and not arbitrary MRSDA will allow for some streamlining of regulation of the because it allows for the proper administration of the two sectors and will facilitate further reforms in the future. MRSDA.

The main elements of the amendment bill are: Clause 9 of the amendment bill inserts a new section 8AA which makes it an offence to search for stone without the partially deregulate work plan requirements for small owner’s consent. If the owner of private land does not consent quarries; then the minister under the new section 77C may consent to the survey or search for stone for the department. modernise the regulation of the extractive industries to Section 13(a) of the charter relevantly protects a person’s include provisions that already apply to the regulation of right not to have his or her family and home from being the mineral resources sector under the MRSDA, such as: unlawfully or arbitrarily interfered with. A person entering applying the principles of sustainable development land would interfere with the owner’s family and home by to regulatory decision-making; searching for stone or carrying out any survey et cetera without authority. However, as long as the minister provides introducing a duty to consult with community; and his consent, the interference is not unlawful. It would not be arbitrary because in providing authority the minister would providing some additional flexibility that is already have to take into account not only the owner’s human rights available to the mineral sector including removing but also the purposes of the MRSDA. Further, pursuant to the the requirement to apply for a planning permit new section 89AB, the Crown has to compensate the owner where an environment effects statement is or occupier of any land in which an authority was granted required; under section 77C for damage sustained by the owner or occupier to crops or improvements. As there is a introduce other streamlining or reforms to reduce red compensation section, any interference cannot be said to be tape for the sector. For example, providing a head of arbitrary. power to make codes of practice that would be used to regulate certain low-risk activities in place of current Section 20 — Property rights work-plan requirements; and A number of clauses deal with operation of licences or remove unnecessary or redundant provisions. consents; the power of the minister to cancel or suspend consent to search for stone (clause 18, new section 77F), the cancellation of a work authority (new section 77O) and the power to order that work cease (clause 32). ADJOURNMENT

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Section 20 of the charter provides that ‘a person must not be The bill will also partially deregulate work plan requirements. deprived of his or her property other than in accordance with Amendments will be made to exempt operators of sites up to law’. Although ‘property’ is not defined in the act it clearly 5 hectares in area and 5 metres in depth (where no clearing of would extend to a work authority to undertake extractive native vegetation or use of explosives is required) from industries and would probably extend to consent to search for current work plan requirements. Operators of these sites will stone on Crown land (new section 77A). instead be required to comply with a code of practice that contains a set of standard work conditions. In most cases, the provisions are likely to be enforced against corporations rather than individuals. However, if the licensees Activities that are currently exempt from the Extractive are individuals then this right is engaged. However, all the Industries Development Act will continue to be exempt from provisions are compatible with the right because any the Mineral Resources (Sustainable Development) Act. In deprivation that occurs is in ‘accordance with the law’, the addition, the exemption for areas of up to 2000 square metres deprivation is neither arbitrary nor unreasonable, it is clearly and 2 metres in depth will be extended to areas up to 1 hectare prescribed in the provisions, for example, there must be a and 2 metres in depth. This separate reform complements the contravention of the act or any condition, limitation or partial deregulation of work plan requirements contained in restriction on the licence. Further, there is a right to appeal this bill. any decision under the new section 77O to the Victorian Civil and Administrative Tribunal. Current work authority holders will have the option of continuing to work in accordance with their work plan for a Conclusion period of up to five years, or opt out of working in accordance with a work plan and be subject to a code of practice. I consider that the amendment bill is compatible with the However, if existing work authority holders wished to vary charter because to the extent that some provisions engage their work plans within this five-year period, at that point, human rights, those human rights are not limited. they would be required to opt out of the work plan and work according to the code of practice. This will ensure that current Hon. Martin Pakula, MLC operators are not at a competitive disadvantage compared to Minister for Industry and Trade new entrants.

Second reading The bill will also establish a duty to consult with the community. This will complement the government’s Ordered that second-reading speech be community building initiative, which aims to develop cohesive and sustainable communities, and is in line with the incorporated on motion of Hon. M. P. PAKULA principles for engagement with communities and stakeholders (Minister for Industry and Trade). endorsed by the ministerial council on minerals and petroleum resources. Hon. M. P. PAKULA (Minister for Industry and Trade) — I move: As well, the bill will provide for the removal of the requirement to apply for a planning permit where an That the bill be now read a second time. environment effects statement is required. This will align with the current environment effects statement process for mining Incorporated speech as follows: and will streamline the system for the major industry stakeholders without impacting on smaller scale proponents. It will also deliver savings in costs and time for large-scale The Brumby government is committed to supporting the operators. development of viable and responsible extractives, minerals and petroleum industries. The bill will modernise and Finally, the bill will remove other requirements that are streamline regulation of the extractive industries sector in considered to be unnecessary or redundant. Victoria. I commend the bill to the house. It will do this by repealing the Extractive Industries Development Act 1995 and providing for regulation of Debate adjourned on motion of extractive industries through an amended Mineral Resources (Sustainable Development) Act 1990. Mr RICH-PHILLIPS (South Eastern Metropolitan). This will deliver consistency with other jurisdictions (which largely regulate extractive industries through mining Debate adjourned until next day. legislation) and some streamlining and consistency between the mining and extractive sectors. This approach will also facilitate the establishment of a consolidated framework through which further changes and reductions in regulatory ADJOURNMENT burden can be implemented as opportunities arise over time. Hon. M. P. PAKULA (Minister for Industry and The bill will provide for the development of codes of practice Trade) — I move: for extractive industries. A provision to make a code of practice already exists in the Mineral Resources (Sustainable That the house do now adjourn. Development) Act 1990 and will be extended to extractive industries. ADJOURNMENT

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Ballarat District Nursing and Healthcare: My request to the minister is: what action is being taken funding to ensure in future the department negotiates in good faith and in a timely manner with service providers on Mr VOGELS (Western Victoria) — I raise for the funding? I ask what consideration the government is attention of the Minister for Senior Victorians the lack giving to increasing financial support to BDNH by a of financial support for services provided by Ballarat further $100 000 per annum as requested by the District Nursing and Healthcare. BDNH is a private, organisation. not-for-profit community organisation providing 24-hour home and community care (HACC) services Racing: regional and rural Victoria across the Ballarat region. It is the largest home nursing agency within the Grampians region. Its service to the Mr HALL (Eastern Victoria) — My adjournment community dates back 98 years, to 1911. BDNH matter tonight is for the attention of the Minister for services more than 500 clients across the region. Racing. It concerns the future of country racing clubs. Services are provided seven days per week, with shifts Racing clubs throughout country Victoria are appalled between 7.00 a.m. and 10.00 p.m., and it provides an at the onslaught being inflicted upon them by Racing overnight on-call service. Victoria Ltd in conjunction with Country Racing Victoria. They are equally appalled that the Minister for Because of the high level of service BDNH provides to Racing is sitting on his hands as this onslaught goes on. clients — after hours and on weekends — the organisation is disadvantaged in HACC funding due to The attack is being directed by a document titled after-hours staff penalty rates et cetera. These costs are Victorian Racecourse and Training Facilities not incurred by other HACC funded nursing providing Directions Paper. This paper seeks to do, largely, three a 9-to-5 weekday service. things. Firstly, it proposes to remove race dates from a good number of country clubs. Secondly, it proposes to I am advised that HACC funding is $75 per hour, defund training activities at a number of tracks. Thirdly, whereas the cost to BDNH of providing an evening it imposes ‘sustainability criteria’, to use the term in the service is $103 per hour and $172 per hour for weekend document, on community racing clubs that will make it services. Last year BDNH was at risk of withdrawing nigh on impossible for those clubs to stage picnic race from provision of out-of-hours home-care services for meetings. the elderly due to funding shortfalls. BDNH advised they required an additional $150 000 per annum In Eastern Victoria Region a large number of racing funding to be able to maintain essential night and clubs will be affected. For example, the Moe Racing weekend nursing services for their clients. Without Club will lose a race meeting, and Stony Creek Racing additional government funding or a cutback in Club will drop from six down to five race meetings and out-of-hours care, the service could not remain also possibly be defunded as a training facility. The financially viable. Bairnsdale Racing Club in far East Gippsland will lose three race meetings, and its meetings will be reduced The BDNH board was to meet in December 2008 to from eight to five. It will also be defunded as a training make a final decision regarding funding levels and facility. after-hours care. It is concerning to report that only at literally 10 seconds to midnight did the government The viability of smaller clubs like Buchan, Drouin and respond to the service’s concerns and approve Tambo Valley will seriously be put at risk if they are additional funding of $50 000 per annum and a one-off required to meet the sustainability criteria specified in $63 000 for this year. On a recurrent basis this latest this document. funding announcement remains $100 000 less per In other parts of Eastern Victoria Region clubs like annum than what BDNH believed was necessary to Pakenham will lose six race meetings, from 11 down to continue to provide after-hour services to elderly 5, as will some of the other clubs on the Mornington citizens over the longer term. Peninsula and Western Port area: Balnarring, six down I think most members of the community would agree it to four; Healesville, seven down to four; and is not good enough for the department to delay arriving Woolamai, seven to four. The house could understand at an acceptable funding outcome after 18 months of the agitation being experienced by these country clubs negotiations with Ballarat District Nursing and when this particular document and the actions of Healthcare until the very last day. It is not acceptable Racing Victoria Ltd threaten their very viability. that these community organisations have to plead their case in the media to force government attention. ADJOURNMENT

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Sporting clubs form the backbone of community Other residents have described the changes as a joke cohesion in rural towns, and racing is very much part of which has caused confusion amongst rail services, that. The annual picnic race meetings are very much transport services and, potentially, emergency services. looked forward to by the whole community and bring Residents have been informed that these changes were some great economic benefits to those areas. My made at the direction of VicUrban, which directed the request is that the Minister for Racing take the City of Greater Shepparton depot to change the signs necessary action required to put a halt to this onslaught but did not consult the local council. VicUrban, the on country racing clubs. government’s planning department, needs to realise that changing street names is merely window-dressing. It Parkside estate, Shepparton: street names does nothing towards improving the amenity of the Parkside estate. Ms LOVELL (Northern Victoria) — The matter I wish to raise is for the Minister for Planning, regarding This is nothing more than a failed attempt at social street name changes in Shepparton’s Parkside estate. engineering by a government that would do well to seriously tackle the disadvantage and social and My request to the minister is for the minister to reinstate economic problems that exist in Parkside estate. street names that were named after local sporting heroes Therefore I request that the minister reinstate the street and get on with the real job of addressing the pressing names that were named after local sporting heroes and issues of amenity, disadvantage and social and get on with the real job of addressing the pressing economic problems that exist in Parkside estate. issues of amenity, disadvantage and social and economic problems in Parkside estate. Until recently, Parkside estate had streets named after people who had made significant contributions to the Libraries: Colac Shepparton area through their involvement in sport. There was Grace Court, which was named after Grace Ms HARTLAND (Western Metropolitan) — My Edwards, OAM. Grace was instrumental in securing adjournment matter is addressed to the Minister for clubrooms for the Shepparton Croquet Club and had Education in the other place. It concerns the closure of the outstanding honour of being club champion the Colac library and especially the timing of the 23 times. Grace Court is now called Bronze Street. ministerial approval. Surely Grace deserved at least ‘gold’ for her contribution to the local community, not just bronze? In April 2008 I spoke against the closure of the Colac Public Library and said that closing the Colac Public Jeffrey Court, named after Robert Jeffrey, who was a Library in favour of a school library with public access sporting hero and an active member of the community, at the new Colac Secondary College would erode the has been replaced with the meaningless ‘Glory Way’. I library services for Colac residents and others living received a letter from Mrs Val Goodlet, who expressed beyond the town. disgust and distress that ‘Goodlet Court’, named after her late husband Allan Goodlet, had been replaced with The council election was in November 2008. The the insignificant ‘Inspiration Street’. These are just a candidates wanting to save the library won a majority. few of the streets named after local sporting heroes and Five of the seven councillors elected were opposed to dedicated contributors to the Shepparton community the involvement of council in the joint use of the school that have been replaced. library. The five councillors were elected by residents who agreed with their stand on this issue. This was a Not only are the residents of Parkside estate outraged clear message delivered by the ballot box. that street names valued by the local community have been changed, but members of the wider community The previous council agreed on the last day before the are concerned that an integral part of their town’s caretaker period commenced, 20 October 2008, to sign history will be lost. Worse, the families of those who the joint use library agreement with the department. had the honour of having a street named after them The new council called a special meeting. The were not consulted and were devastated to have paperwork for this was lodged on 2 December 2008. discovered the changes by reading the local paper. The purpose of this meeting was to try to find a way to end the council’s involvement in the joint use of the Mrs Goodlet summed it up when she wrote: school library.

We feel strongly that Allan deserved the honour of having a Hours before that meeting was due to take place the street named after him for his contribution to sport, now it has been taken away, shame on whoever made this decision. minister signed the agreement, and I understand this ADJOURNMENT

138 COUNCIL Wednesday, 4 February 2009 binding agreement was signed on behalf of the shire by that never came was a minute less time spent at home the chief executive officer, who resigned on with loved ones. The Brumby government is very good 28 November 2008. at the smoke-and-mirrors trick when its mismanagement comes to the fore, but furious The action I request is that the minister disclose commuters want answers as to why they were forced to whether she or any employee in her department had any wait for trains that never came. knowledge that the newly elected council held different views on the matter when she signed the agreement on The action I am seeking is for the minister, as a matter 10 December 2008. of urgency, to explain to Prahran and Bentleigh electorate residents how many trains were cancelled on Public transport: Southern Metropolitan the Sandringham and Frankston lines in January, and Region what were the reasons behind each of these cancellations, Mrs COOTE (Southern Metropolitan) — My adjournment matter tonight is for the Minister for Inverleigh-Winchelsea Road: traffic Public Transport and is in regard to the issue of the abysmal state of public transport services in the Mr KOCH (Western Victoria) — I raise a matter Bentleigh and Prahran electorates. The Brumby for the Minister for Roads and Ports about the impact government must come clean to Prahran and Bentleigh on Inverleigh-Winchelsea Road following the opening electorate residents as to the full extent of the recent of the first two stages of the Geelong ring-road. Since its cancellations and the reasons behind these opening, traffic heading to Colac has been using the cancellations. Waiting for trains that are late or that ring-road to the Hamilton Highway just west of never arrive is a daily occurrence for residents. Fyansford where it currently terminates. Avoiding the However, last week was particularly bad and they were arduous La Trobe Street route and up to 29 traffic lights, forced to wait in record high temperatures in excess of this traffic then travels west to Inverleigh before heading 43 degrees. More than 1300 trains were cancelled, south to Winchelsea and onto the Princes Highway. resulting in widespread calls for the Minister for Public Transport, Lynne Kosky, to resign or be sacked by The significant increase in the volume of traffic, Premier Brumby. particularly heavy vehicles, including B-double transports, using Inverleigh-Winchelsea Road is On Friday 30 January alone, 740 of the 2000 scheduled dramatically impacting on its dangerous condition and trains were cancelled. Air-conditioning faults, road safety for other motorists. This 18-kilometre breakdowns, train lines buckling and power blackouts stretch of road was never designed or intended to safely are among the alleged reasons for the mass support major increased use by heavy vehicles, cancellations. We have also recently witnessed brake especially B-doubles. About one-third of the road is failure being blamed for a collision between two trams single lane and too narrow for oncoming vehicles to on the corner of St Kilda Road and Commercial Road, pass without moving onto the gravel shoulders. These Prahran, resulting in the hospitalisation of 10 people. have been poorly maintained since VicRoads assumed Incidents such as this endanger people’s lives and must responsibility for this road from the Surf Coast Shire not be allowed to continue. several years ago.

I recently conducted a series of listening posts Inverleigh-Winchelsea Road has often been used to throughout the Prahran and Bentleigh electorates, and it bypass the Geelong to Winchelsea section of the is clear that residents are appalled at the state of the Princes Highway, but local residents are now reporting public transport system to which they are subjected. that since the opening of the ring-road, the volume of Their major concerns include regular cancellation of heavy traffic has increased dramatically and is causing services, overcrowding, dirty carriages, infrequency of excessive wear on the shoulders of the road to the services, issues of safety on services and at stations, and extent that the level of the gravel shoulder is often ever increasing fares. Bentleigh electorate residents below the level of the bitumen pavement. In some have reason to be particularly concerned as their own sections, the gravel shoulder is worn away to the soft member for Bentleigh, Mr Rob Hudson, is the sandy base creating an unstable surface and reduced Parliamentary Secretary for Public Transport. visibility from dust when vehicles are forced off this sealed road. Extra commute time equals less family time, and the community is fed up with the Brumby government’s While VicRoads has undertaken minor repair work and excuses. Every minute residents stood waiting for trains installed additional warning signs, these token efforts ADJOURNMENT

Wednesday, 4 February 2009 COUNCIL 139 do little to fix the fundamental dangers of this road. The as distressing for the passengers because they could get road has now become an extreme safety hazard and it is some air movement as the tram was moving along. only a matter of time before lives are lost. VicRoads has conceded that it has not ranked improvements on In my travels on the train system I have noticed that on Inverleigh-Winchelsea Road as a high priority and that most stations the public toilets are closed. If they do it does not have the funding to fix this road properly. happen to be open, they are usually in a terrible state. The only way to make the road shoulder safe is for the Last year I asked the transport minister to do something Brumby government to provide the funding needed to about the lack of timetables at bus and tram stops and immediately widen the narrow sections. the fact that you cannot read them, but nothing has been done in that respect. VicRoads has estimated that approximately $4 million is required to reconstruct this potential death trap. My The train I travelled on today was so crowded that you request is for the minister to urge VicRoads to could not hold on to anything because the passengers reallocate 2008–09 funds to widen the dangerous were crowded at the door. My request is that the sections of Inverleigh-Winchelsea Road before there is minister address these issues. a serious accident or worse — a loss of life. The DEPUTY PRESIDENT — Order! I inform Public transport: rolling stock the member that the issue she raised is ruled out, firstly on the basis that she did not get the action in the time Ms PENNICUIK (Southern Metropolitan) — My frame, but secondly because the adjournment is an adjournment matter is for the Minister for Public opportunity to raise an issue or a question. I was Transport, Ms Kosky, regarding the need to upgrade perplexed as the member was going along as to what basic amenities on the public transport system. On issue she was pursuing, because there were a number of Wednesday last week I was travelling on the them. The points have been made, but I will not seek a no. 16 tram, which members would probably know response from the minister on this occasion. runs from Melbourne University to Kew via St Kilda. As we were travelling along in the heat, the tram started Victorian Environmental Assessment Council: to overheat because the air conditioning was not recommendations working. Mr DRUM (Northern Victoria) — My adjournment On the newest trams, as members would realise, the issue is directed to the Minister for Environment and windows do not open except for very small windows at Climate Change, Mr Jennings. While northern the top that can be pulled out like shutters. I jumped up Victorians are still reeling in shock with the audacity of on the seat and tried to open a window but could not do the minister to announce the government’s response to it. I was trying to stop people from fainting because the VEAC (Victorian Environmental Assessment there were some distressed passengers on the tram. Council) recommendations in the break between Finally at a tram stop I asked the tram driver if he could Christmas and New Year, the possibility that the open the windows. He was not aware that the air minister may be doing something so sneaky was raised conditioning was not working. He also jumped up on in this chamber only to have the minister say that the seat and was able, after some considerable effort, to members would not expect the government to do open a window but other windows in the tram remained something like that; but if it was thought the closed because there were so many in the tram he could government was shirking the issue of engaging the not get down the tram to open them all. community, they should bring it to the government’s attention. He said he would be happy to reflect on it. The issue is that we have trams and trains on the system that we have heard a lot about today that cannot run I am now asking the minister to reflect on the fact that he with the air conditioning not working. When they do did what we were warning him not to do. To the run and the air conditioning is not working, people are 4 December question, the minister answered that he becoming very distressed because the trams become already had the report. Irrespective of the minister’s overheated. We need to not be relying on air political sleight of hand we have genuine concerns conditioning to cool the trams; we should be able to around the VEAC proposals, such as the open the windows. The following day I happened to be recommendation from the council that the 35-year on the no. 79 tram, which members in Southern licences, which are renewed every five years, for Metropolitan Region would know is an old rattler tram, landowners who lease adjoining rivers and streams are to or what my mother calls a ‘square-wheel’ tram. All the be phased out at the end of the current five-year period. windows were open. Even though it was hot, it was not ADJOURNMENT

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To do it properly there will need to be constructed some colony. Housing workers there would also be a direct 1500 kilometres of fencing. Certainly this fencing has attack on the health of the penguin colony. not been allocated, which it is estimated would cost $10 million. Quite a few of the allotment boundaries The buy-out of the Summerlands estate has enjoyed are unknown as rivers and streams have changed course broad bipartisan support for the stated aim of since the original surveys were carried out, and many of environmental protection. Just because the Bracks the markers that would point out where the actual titles government and now the Brumby government have had finish and start are no longer easy to be seen. no idea of how to plan for the future and have no idea of the consequences of decisions such as building a The cost of surveying the determined area of those desalination plant at Wonthaggi, the burden should not allotments and boundaries will also cost in the vicinity be shifted to the penguin colony on Phillip Island, of $10 million. There could be 1200 licences involved, which is a major source of tourism income for the and many people will need to use the water for stock Victorian economy. The environment there is very purposes. Additional piping systems to create other fragile, and for all the people who have suffered from opportunities for stock and domestic water supplies will the actions of heavy-handed bureaucrats who have also have to be put in place at a likely cost of forced them to sell at below-market rates, this plan is a $9.5 million. Currently landowners are carrying the direct attack on them. responsibility for control of weeds, and VEAC has not been involved in any estimation in relation to this. I therefore call on Minister Jennings to rule out ever There are additional costs that all of a sudden have been housing workers or any other people for the put on that simply have not been sought after. desalination plant at the Summerlands estate, either now or in the future. My request to the minister overseeing the VEAC recommendations is to ensure that these hidden costs Wallan–Kilmore bypass: construction are met by government, not by the adjoining landowners. Mrs PETROVICH (Northern Victoria) — My matter today is for the Minister for Roads and Ports and Phillip Island: Summerlands estate concerns this government’s sneaky announcement, made by the acting minister in early January, that the Mr O’DONOHUE (Eastern Victoria) — I raise a government had canned the Wallan–Kilmore bypass in matter for the attention of the Minister for Environment favour of a duplication of the Northern Highway. This and Climate Change. In 1985 the then Minister for is totally at odds with the wishes of the local Conservation, Forests and Lands, Joan Kirner, community and totally against the policy of the local commenced what was to be a 15-year buyback process council. Ms Kosky, the Minister for Public Transport, of the Summerlands estate on Phillip Island. The stated would have been much better advised to keep a closer purpose of the buyback was to protect the Phillip Island eye on her own portfolio as Victoria’s train network penguin colony. That buyback process has been a went into a meltdown worse than that in any Third stressful and difficult process for many landowners on World country. that estate, some of whom still remain. This major announcement, made in the absence of the The buyback has been extended from 2000 to 2010 minister, was apparently based on findings that the because of a lack funding from the Cain and Kirner increase in traffic congestion is all local. The governments and the Bracks and Brumby governments. announcement followed the release of a so-called peer This has added to the stress and angst for the remaining review by Parsons Brinckerhoff. This was supposed to residents. Many residents feel they have not received be an independent review, but many concerned locals adequate compensation from the state government for and I would like to know how much of the Victorian the beautiful properties that were the Summerlands taxpayers money was spent on this whitewash. estate. According to this independent review, it is okay to use data that is more than 15 years old — yes, that is right; In that context there is now a very alarming some of the figures used to determine this outcome development: the state government is considering were collected 15 years ago! housing workers for the desalination plant in the existing vacant homes of the Summerlands estate. This would be The Bendigo 2020 transportation study conducted in a direct attack on those who sold their properties, many 1993 was deemed by these so-called independent at below-market prices, for the benefit of the penguin reviewers to be okay to use because it was seen to be the most relevant data available to this study. These ADJOURNMENT

Wednesday, 4 February 2009 COUNCIL 141 independent reviewers also thought it was okay to basis on which this ill-conceived decision was made, conduct traffic counts at only one time of the day — and I ask him to urgently rethink this decision. 10.00 a.m. on weekdays! They admitted that ideally the counts should have been carried out over various time Environment: waste recycling periods on different days, but they did not see that there would be a great deal of variation at different times of Mr D. DAVIS (Southern Metropolitan) — My the day or on various days. I beg to differ. It is all very adjournment matter is for the attention of the Minister well for them to sit in their air-conditioned offices and for Environment and Climate Change. It concerns make these speculations, but they should have actually waste management and recycling policy. By way of had a look. background, I was fortunate enough to attend a seminar on waste management run by Environment Victoria As I have said previously, my office is located on and to listen to the very significant points made at that Sydney Road. I see the traffic snarls and hear the seminar by a number of speakers, particularly the Total B-doubles and the other large transport vehicles as the Environment Centre. It presented some very helpful traffic builds up during the day. Every Friday afternoon it papers, and I want to quote one small section of them. is virtually impossible to cross the road as the weekend On page 11, under the heading ‘Forecast waste rush of vehicles heading north to Echuca clogs up the generation rates in Victoria’, it says: street. Likewise, on Sunday afternoons and evenings the The gap each year between actual waste disposed and traffic crawls as people head home. I might add that the resource recovery will grow unless innovative market-based study’s traffic counts were done in 2006 — over two solutions are used to stimulate a more robust resource years ago — and since then we have seen the spread of recovery industry in Victoria that is able to reduce the amount the urban sprawl to the north of Melbourne. of waste disposed of to landfill. Figure 5 on the next page shows that waste generation in Victoria could rise to over What has happened to Ben Hardman, the local member 17 million tonnes per annum by 2025, with over 9 million tonnes of materials wasted to landfill. for Seymour in the Assembly, who is on record as giving his support to the bypass? Yet again he has been The report refers in particular to one stream of waste, drawn into line. He is hopeless. He is the puppet with construction and building waste, which has not been no punch and once again has failed — — well managed in Victoria according to the information presented at that seminar. Hon. M. P. Pakula — On a point of order, Deputy President, the President has made rulings previously to Recently I was fortunate to visit the National Recycling the effect that the purpose of adjournment debates is for Group, which has a significant plant in Dynon Road, members to raise an issue, give a brief explanation of West Melbourne, that deals with recycling of their concerns and seek an action, not for the purpose of construction industry waste. A number of firms in this making direct political attacks on other members. I ask sector are facing significant challenges; in part that is you to rule on the member’s contribution. induced by the economic circumstances and the government’s failure to have in place a suitable waste The DEPUTY PRESIDENT — Order! The management policy in Victoria that makes recycling minister is right in his reference to the style and both viable and cost effective. As I said, I visited that substance of this debate. In the context of the remarks plant, and I was very impressed by the way it was run, to which he has drawn attention tonight, I would the significant investment of capital and the importance suggest that there are only 28 seconds left on the clock of maintaining recycling facilities of this nature. and Ms Petrovich ought to be on her bike in terms of the action requested. Any further consideration of other Given the statewide weaknesses in waste management people’s roles in the scheme of things might well that were pointed out at the recent seminar and the consume far too much time and leave her in a similar importance of the centre in Dynon Road, I ask that the position to Ms Pennicuik. I certainly uphold in part the minister visit the National Recycling Group plant, point of order that has been raised. It is important for investigate its operation and ensure that there is a the adjournment debate to focus on the substantial satisfactory regime to support recycling — particularly question and seek an action from the minister rather ensuring that there is a greater level of recycling of than to seek to debate or provide commentary on other construction and related industry materials. Building members or persons. waste has to be a stream that can be viably separated and recycled, so I therefore ask the minister to Mrs PETROVICH — I ask the minister as a matter investigate and put in place a satisfactory regime. of urgency to make available the traffic data that is the ADJOURNMENT

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Air services: landing fees Ms Lovell is quite insistent that it occurred at the urging of VicUrban, I will refer that matter to the Minister for Mr RICH-PHILLIPS (South Eastern Planning for a response. Metropolitan) — I raise a matter for the attention of the Minister for Industry and Trade in his capacity as the Ms Hartland raised a matter for the Minister for minister responsible for the Aerodrome Landing Fees Education with regard to the closure of the Colac Public Act 2003. This act was passed by the Parliament to Library, and I will refer that to the Minister for allow aerodrome operators to recover, via a civil Education for a response. mechanism, fees from the holders of certificates of registration of aircraft that have used their facilities. At Mrs Coote, clearly not thinking we had had enough of the time the legislation was introduced there was the public transport debate that went for about 6 hours widespread concern that it would allow aerodromes to in this place, raised a matter for the Minister for Public seek to recover fees when they had not actually Transport with regard to public transport in Bentleigh provided service — that is, when their facilities had not and Prahran. I will refer that matter to the Minister for been used — such as in the case of a training approach Public Transport for a response, although I think the or an instrument approach to country aerodromes. action sought by Mrs Coote was borderline as an action.

The legislation required aerodromes to publish a notice Mr Koch raised a matter for the Minister for Roads and in the Government Gazette of their intention to use the Ports with regard to the impact of the Geelong ring-road legislation. It is my understanding that it has been taken on the Inverleigh-Winchelsea Road, and I will refer that up only by Linfox, with its Essendon and Avalon matter to the Minister for Roads and Ports. facilities, and also the Moorabbin Airport Corporation, Ms Pennicuik raised a matter that was ruled out of order. with its facility. At the time the legislation was passed the then responsible minister, the Minister for State and Mr Drum raised a matter for the Minister for Regional Development — now the Premier — Environment and Climate Change in regard to the undertook to conduct a review of the effectiveness and VEAC recommendations into river red gums and the operation of the legislation. To date, on my issue of potential costs to landowners. I will refer that to understanding, this has not occurred. the Minister for Environment and Climate Change.

Last August the previous Minister for Industry and Mr O’Donohue raised a matter for the Minister for Trade, Theo Theophanous, undertook that the review Environment and Climate Change in regard to the would take place as a matter of urgency. It is my Summerland estate buyback on Phillip Island and the understanding that that review has not taken place. potential impact on the island’s penguin colony, which There has certainly been no public announcement of I was fortunate enough to visit only a couple of weeks such a review. Perhaps the current minister could ago. I will refer that matter to the Minister for enlighten the chamber if that is not the case. What I Environment and Climate Change. seek from the minister is an undertaking that the review will involve public input and that it will commence as a Mrs Petrovich raised a matter for the Minister for Roads matter of urgency, given that it is now six months since and Ports in regard to the Wallan–Kilmore bypass. I will Minister Theophanous announced it. refer that matter to the Minister for Roads and Ports.

Responses Mr David Davis raised a matter for the Minister for Environment and Climate Change in regard to waste Hon. M. P. PAKULA (Minister for Industry and management and recycling policy, specifically asking Trade) — Mr Vogels raised a matter for the Minister the minister to visit the National Recycling Group in for Senior Victorians in regard to funding for Dynon Road, West Melbourne. I will refer that matter after-hours service for Ballarat District Nursing and to the minister. Healthcare, and I will refer that matter to the minister for a response. Mr Rich-Phillips raised a matter with me in regard to the status of a review of the Aerodrome Landing Fees Mr Hall raised a matter for the Minister for Racing Act 2003. I will make inquiries of my department and regarding the future of country racing clubs. I will refer respond to him with an appropriate response. that matter to the Minister for Racing for a response. The PRESIDENT — Order! The house now stands Ms Lovell raised a matter for the Minister for Planning adjourned. regarding name changes to streets in the Parkside estate in Shepparton. I would have thought normally that House adjourned 7.18 p.m. would be a matter for the local council, but as PETITION

Thursday, 5 February 2009 COUNCIL 143

Thursday, 5 February 2009 BUSINESS OF THE HOUSE

The PRESIDENT (Hon. R. F. Smith) took the chair Adjournment at 9.34 a.m. and read the prayer. Hon. M. P. PAKULA (Minister for Industry and Trade) — I move: PETITION That the Council, at its rising, adjourn until Tuesday, Following petition presented to house: 24 February. Motion agreed to. Planning: Bayside villages

To the Legislative Council of Victoria: MEMBERS STATEMENTS The petition of certain citizens of the state of Victoria draws to the attention of the Legislative Council our strong Australia Day: Eastern Metropolitan Region appreciation and great affection for Bayside’s villages. These villages include: awards

Church and Bay streets, Brighton Mr ATKINSON (Eastern Metropolitan) — I wish to place on record my congratulations to a number of Hampton Street, Hampton awardees in the Australia Day awards: James Bourke of Sandringham village Boronia, Norman Dalton of Balwyn, Rodney Arambewela of Mont Albert North, Ian Haskins of and are a crucial part of what makes Bayside a fantastic place Forest Hill, Kenneth Jacobs of Wantirna, Ivan Kayne to live in, visit and experience. from Donvale, Chee Seong from Box Hill North, Bryan Your petitioners believe that all efforts should be made to Martin from Blackburn, Alexander Rickard from protect the special character and amenity of Bayside’s Wantirna, Leigh Wigglesworth from Balwyn, Elizabeth villages. The future of Bayside’s villages is best determined Wilkes from Doncaster East, Gregory Esnouf from and safeguarded by Bayside City Council who, following sentiments and wishes of local residents, believe limiting the Blackburn South and Garry Watson from Croydon. All height and nature of development in and around these villages of these people have distinguished themselves in a is a crucial step in preserving them as is proposed in range of areas of service to the community. amendment C58 to the Bayside planning scheme. Very often we find it easy as Australians to recognise Your petitioners therefore request that the Minister for Planning authorise amendment C58 to the Bayside planning people who are great sportspeople, actors or scheme to enable statutory procedures for public exhibition actresses — people who have a measure of celebrity in and independent panel review of the amendment proposals to the community — but there are thousands upon be commenced. thousands of unsung heroes who go about their work in the community, trying to make the lives of others By Ms PENNICUIK (Southern Metropolitan) better. The contribution of these people is very much (166 signatures). worthy of recognition through the Australia Day Laid on table. awards. It has been indicated to me that there is a need to PAPERS generate more nominees for future awards, and I certainly hope people take the opportunity of Laid on table by Clerk: recognising some of our heroes in the community in the future. Gambling Regulation Act 2003 — Report of the Gambling and Lotteries Review Panel to the Minister for Gaming in Planning: Bayside villages Relation to the Review of the Second Phase of the Regulatory Structure and Associated Arrangements for the Operation of Gaming Machines, Wagering, Approved Betting Ms PENNICUIK (Southern Metropolitan) — This Competitions and Club Keno and the Funding of the Racing morning I presented a petition signed by 166 citizens Industry that are to apply after 2012. regarding the Bayside planning scheme amendment C58. There were a further approximately Statutory Rule under the Crimes Act 1958 — No. 1. 1670 signatures on a petition that was not worded in the correct format but was instead addressed to the Minister MEMBERS STATEMENTS

144 COUNCIL Thursday, 5 February 2009 for Planning and was not able to be presented. The Premier made an extraordinary comment. In launching petition reads: his latest planning panic, to which I note he again brought along his largest handbag — the Minister for The undersigned residents of and visitors to the municipality Planning — he stated that the government and the of Bayside register our names and email addresses and express our strong appreciation and great affection for Victorian Civil and Administrative Tribunal (VCAT) Bayside’s villages. These villages include Church and Bay would work together to fast-track government policy. streets, Brighton; Hampton Street, Hampton; Sandringham Village and are a crucial part of what makes Bayside a The PRESIDENT — Order! It is not appropriate fantastic place to live in, visit and experience. for Mr Guy to refer to a minister of the Crown in that We believe that all efforts should be made to protect the fashion. I ask him to withdraw the handbag comment. special character and amenity of Bayside’s villages. The future of Bayside’s villages is best determined and Mr GUY — I withdraw. safeguarded by Bayside City Council who, following sentiments and wishes of local residents, believe limiting the As I said, you could forgive the planning minister for height and nature of development in and around these villages not understanding the doctrine of the separation of is a crucial step in preserving them. powers, but there is no way you could forgive the I will forward the petitions to the minister on behalf of Premier for not understanding that doctrine. The the signatories from the city of Bayside. Premier’s statement yesterday was an enormous breach of the separation of powers. VCAT was established and Water: small block irrigators remains to this day an independent civil justice tribunal. It is where Victorians go to have disputes heard and Ms BROAD (Northern Victoria) — Yesterday the resolved. While some of its decisions are questioned by federal Minister for Climate Change and Water, Penny many in the community, even by me on some Wong, and the Victorian water minister, Tim Holding, occasions, it is a body that should not be politicised. announced that Victorian irrigators can now apply for the Rudd government’s small block irrigators exit grant VCAT is not there to implement government policy or package. This means that eligible irrigators in Victoria fast-track developments which may be proposed by in the Murray-Darling Basin on farms of 15 hectares or Labor mates. It is better to judge cases on their merit less can apply for grants up to $150 000 plus $20 000 in and to make appropriate decisions. It is not there to other transitional assistance on condition that they sell implement government policy, as the Premier is now their water entitlement to the commonwealth. stating. This is the first time that the state government has actively sought to influence the outcome of A number of Victorian farmers, particularly in the independent planning matters heard in VCAT. Sunraysia region, have expressed interest in the Victorians will have a number of questions to ask about package. As Minister Holding has said, although it is the independence of this civil justice tribunal as a result always unfortunate to see irrigators moving away from of the Premier’s statements. farming, this exit package will allow small block irrigators to sell their water rights while staying on their We will no longer know whether there are checks and land. Importantly it means irrigators impacted by balances to prevent a corrupt, paper bag, fast-track drought and climate change can remain in their homes, planning approval process becoming rampant in many of which have been in the family for generations, Victoria as a result of this Premier’s arrogant, and continue to be part of the local community. dictatorial style.

Interested irrigators need to submit an application form Road safety: yellow card initiative to Centrelink promptly to allow an assessment of eligibility for the program. Small block irrigators who Mr EIDEH (Western Metropolitan) — One of the intend to apply must do so by 30 April 2009 to ensure terrible things about what is otherwise the magic of the they can take advantage of this program. Christmas and New Year season is the terrible and heart-wrenching toll of human lives on our roads. These I wish to record my thanks to both ministers for their are not just statistics, they are not only numbers: they efforts to ensure that small block irrigators in my are people dearly loved by someone. They are persons electorate have access to assistance in very tough times. who could have lived for many more years had it not been for tragedy on our roads. Planning: Premier’s comments That is why I strongly support the yellow card scheme Mr GUY (Northern Metropolitan) — Whether it announced by the then Acting Premier and member of was a deliberate or an inadvertent slip, yesterday the the other place, Attorney-General Rob Hulls, in STATEMENTS ON REPORTS AND PAPERS

Thursday, 5 February 2009 COUNCIL 145 mid-January. Indeed that is why I will support any Economy: federal stimulus package positive attempt to reduce our road toll as far as is humanly possible. This is why I get upset when I see Mr SOMYUREK (South Eastern Metropolitan) — bad behaviour on our roads, with people risking their I rise to commend the Rudd Labor government for the lives and the lives of others. stimulus packages it has released over the last six months. Whilst the rest of the developed world’s While I will never accuse younger Victorians of being economies proceed to contract at a rapid rate, the the worst drivers in our state, the fact is that they make Victorian economy, thanks to the first stimulus up far more of the road toll than do other age groups on package, grew by 3.9 per cent compared to the same our society. Sadly one in four deaths on our roads will time last year. I hope common sense prevails and the be of a person under 25 even though they are only federal opposition parties do not obstruct the progress one-seventh of the population. This scheme aims to of the latest stimulus package announced by the Rudd utilise the friendship and trust of other young people to government. help keep our youth alive, to help keep them safe. Economy: credit ratings In world-class football or soccer a yellow card is a warning of bad behaviour. Hopefully that message will Mr SOMYUREK — On another matter, I be passed on with this program, and I am certain that commend Treasurer John Lenders for managing to every member of this house would also hope it is maintain Victoria’s AAA credit rating during these successful. times of global financial turmoil. This strong financial position is the result of a decade of disciplined financial Aviation industry: open skies policy management and comes at a time when the Brumby government is delivering the biggest tax cuts in a Mr D. DAVIS (Southern Metropolitan) — My decade and record levels of investment in infrastructure. matter today concerns the important article in today’s Moody’s notes that the Brumby Labor government is Age by Sally Capp, the chief executive of the well positioned to face the more challenging economic Committee for Melbourne, about the need for, as I and financial environment facing governments across termed it, an open skies policy for Victoria and for the globe. Sustained strong financial performance under Australia. I know this is something that has wide this government has provided the state with sound agreement in Victoria. Melbourne Airport in particular economic fundamentals in the face of difficult global plays a key role as a piece of state infrastructure, and financial conditions. Avalon has increasingly added to that. But the regulated situation with international aviation works seriously Rail: Lynbrook station against Victoria’s, and I would argue Australia’s, benefit, and I certainly would welcome any step that is Mr SOMYUREK — On a further matter, I also taken to liberate or liberalise the rules that surround congratulate the Brumby government for committing to international aviation. the construction of the Lynbrook railway station in my electorate. Residents of Lynbrook have been waiting Hon. M. P. Pakula — We’ve been saying that for many years to hear the news that their railway station years. will finally be built. Mr D. DAVIS — Indeed, Mr Pakula, and — through the Chair — your former industry minister was STATEMENTS ON REPORTS AND PAPERS stung into action when I wrote an article in the Australian Financial Review in December 2006. Department of Transport: report 2007–08

The federal government needs to do a lot more to Mrs COOTE (Southern Metropolitan) — I would liberalise aviation policy, and I think that statement like to speak today on the annual report of the would achieve broad agreement across the Victorian Department of Transport for 2007–08. We have had a community. The two key drivers should be safe planes big week on transport in this place — and justifiably so. and slots for planes to land, and beyond that it should This government has let Victorians down. As we saw be left to operators to come into Victoria. This will from a very lively debate yesterday on a motion moved boost our economy, and I congratulate Sally Capp on by Mr Koch, we can understand the detail of the putting this in print today. ramifications of the meltdown in our public transport system over this summer — one summer. It is appalling. I will not go into it at length because we had STATEMENTS ON REPORTS AND PAPERS

146 COUNCIL Thursday, 5 February 2009 a lengthy debate on it yesterday, and I encourage every I also want to speak about what the report says about member to read the report of the debate to see what the the taxi system. I remind the chamber about what salient points were. Premier Kennett did with the taxi system. In many instances taxis are the first point of contact for people This report is an indictment on the department. From from overseas and interstate when they arrive in our the outset it looks like a thick report of about 230 pages, city, and we have spent an inordinate amount of time but they are double-spaced. There are plenty of and money on taxi safety, screens, monitoring and photographs and hardly any meat. The report does not support for the taxi system. discuss or talk about the incidents we have had over the past few weeks. It does not even talk about I agree that drivers should have some support, but the contingencies for these types of operations and what passenger has been left out of the equation. We have would happen to enable our infrastructure and power to forgotten what the passenger needs. What we have cope with the heat. It is breathtaking to consider what is forgotten here is that a passenger expects to get into a left out of the report, not what is included. taxi with a driver who knows where he is going. We want to know that he can speak and understand the I want to speak mainly about the taxi industry, but I language and we want to know that he can get from one cannot pass up the opportunity to talk about what this place to another. There have been stories told of drivers report says about rail transport. At page 43 under the not even knowing where Parliament House is. heading ‘Systems and signalling’ it states: Mr Finn — Or the MCG. The state government has committed to upgrading older train control and management systems to deliver a modern, reliable Mrs COOTE — Indeed, Mr Finn says, the MCG. rail network. Have a look at the taxi system in England, because it is How wrong is that! The report continues: world renowned. Drivers have to go through a comprehensive test. They must know the system and High-quality systems are essential to operating a safe, reliable understand it. We talk about safety of drivers, but what and efficient network and allowing for future expansion of the about passenger safety? I get many inquiries in my network. electorate office about young women getting into taxis It would not have taken too much for the department to feeling concerned, afraid and threatened by these have read its own report and to see how dismally it is taxidrivers. Nowhere in the report does it talk about failing. The report refers to older trains. One of the passenger safety. This is an indictment once again of a things that did not come out in yesterday’s debate was department that is out of its depth, out of its league and older trains. I remind the chamber about the very, very providing a Third World service in a country that old trains that the government had to go back and deserves a First World service. repurchase from a collector, who had them sitting in a paddock, so it could put enough trains onto the system. Rural and Regional Committee: rural and It is a totally inadequate Third World approach to what regional tourism should be a First World system. Mr DRUM (Northern Victoria) — I wish to take At page 50 — I want to get it into Hansard because this opportunity today to talk on the government’s next year’s statistics will be absolutely fascinating — response to the Rural and Regional Committee’s report under the heading of ‘Public transport performance — on the inquiry into rural and regional tourism, which Metropolitan train services’ the report says: was tabled yesterday. I am pleased, as the chair of the committee, to see that the government has made a very A total of 99 per cent of scheduled metropolitan train services positive response to the report. As the Parliament heard, ran in 2007–08 … this report was put together about four months ago with The department is in for a surprise in the next lot of the full support of the committee; there were no statistics, with 700 trains being cancelled in one day out minority reports. We did not argue about one word or of the 2000 that were supposed to be on the service. It one sentence; the report went through with the full will be fascinating to compare these figures, but this support of the entire committee. The government has statement is locked in on a single page, tucked away at taken our three key recommendations and supported page 50. It is a shameful and disingenuous report. The and agreed to them in whole or at least in principle. director of the department should have come up with Over the course of the hearings we were hit with a something far more comprehensive, given the whole range of problems that are affecting the tourism seriousness of the state of our public transport system. industry in rural and regional Victoria. We could have STATEMENTS ON REPORTS AND PAPERS

Thursday, 5 February 2009 COUNCIL 147 either listed the hundreds of different issues or put in help attract tourism to the area, surely the fact that it is place a key recommendation that could provide the zoned as farming land needs to be fixed up. The local vehicle to fix many of these problems and give the councils were telling us that they simply do not have people who are running the tourism industry in the the ability, resources or wherewithal to make these regions the power to fix their own problems. That is changes to the zoning plans, so they need assistance something we incorporated into our key from the government. We need the government to be recommendation 1, and the government supports that. more proactive with planning and community development and get out there and talk to local councils The recommendation is to place high-quality executive about the tourism sector to see where it can help. officers in the regions to deal with all the respective problems and bring the funding models together to A raft of other recommendations have been agreed to or work within the different Jigsaw campaigns and local agreed to in principle. It is a good day for tourism in government areas to put out the various spot fires that Victoria, because it seems the government is prepared happen within the tourism sector. We believe these to acknowledge that things can be improved. Hopefully high-quality executives in tourism — outside or inside the government will go on and implement some of Tourism Victoria; it does not matter — will be able to these improvements. deal with the relevant tourism associations and get assistance through them. It is good to see that the Victims of Crime Assistance Tribunal: report government has supported that. 2007–08

We are hopeful the government will not set up another Mr ELASMAR (Northern Metropolitan) — I rise to level of bureaucracy with these executive officers. We speak on the Victims of Crime Assistance Tribunal’s do not want to have another level of bureaucracy sitting 2007–08 report. Firstly, the Brumby Labor government within the regions for all the tourism associations to has continued to demonstrate its strong commitment to have to go through in order to get a good program or assisting victims of crime by continuing to provide a local event up so as to encourage tourism into the area. tribunal comprised of men and women who are deeply It will be interesting to see how the government will committed to providing speedy responses to the implement this recommendation, but at least it is on tribunal’s applicants. These unfortunate people have side. suffered as a result of violent crimes being perpetrated against them, usually through no fault of their own. Everywhere we went with the inquiry we were beset with problems associated with road signage. Tourism The Victims of Crime Assistance Tribunal was operators are unhappy with VicRoads and its inability established 11 years ago to provide financial assistance to put in a consistent signage regime across the state. At and, in some cases, payment for psychological therapy. the moment the road signage in Victoria to get the On reading this report I was impressed by the large traveller off the highway and to a bed and breakfast, a number of victims who have been assisted in a very real cellar door winery, a hotel, motel or resort or other and practical way. The provision of payment to places they need to go, is not working. The government psychologists who are well placed and trained to give agrees in principle that work has to be done with this, practical therapy to aid the recovery of victims of and again the proof of the pudding will be in the eating violence is critical to the victims’ ability to restore and how the government talks to VicRoads and normalcy to their lives and the lives of their family instructs it on coming up with a model that will members. improve tourism signage throughout Victoria, but at least the government is supportive of that one as well. In instances where a violent crime has occurred in the family home, I understand it is a very costly exercise Our third recommendation relates to planning. It is for the house to be cleaned. Payments can be approved good to see that the government agrees in principle with by the tribunal to help the family or residents who live the recommendation to help local councils to streamline at the crime scene to have the home cleaned and simplify their processes so they are able to come up professionally. with preferable and appropriate types of zoning for various tourism-affected areas. Some caravan parks are It is a sad fact that too often victims of crime are zoned as farms, and they simply cannot operate in that generally forgotten by the public. However, it is also manner. Simply because there is a farm on either side true that many sadistic criminals are caught by our of a caravan park does not change what it is. If a police and, in most instances, sentenced by our judges caravan park needs to put up a building, such as an accordingly. But it is the victims themselves and their outhouse or an attraction to make the business grow and families who are left to pick up the pieces of their lives STATEMENTS ON REPORTS AND PAPERS

148 COUNCIL Thursday, 5 February 2009 and carry on. I read in the report that 2008 saw the am advised that the forecast is for a temperature of highest number to date of assisted victims who have 44 degrees with a dew point of minus 5, wind at applied to the tribunal for financial aid or counselling. I 55 kilometres per hour gusting up to 85 kilometres per am sure the main reason for this is that there is now a hour, and forest fire danger and grass fire danger much greater awareness of the existence of the tribunal, indexes both at 100. The net result of all of this is that and I believe that is a good thing. Referrals are often we are likely to see significant and uncontrollable fires made by the victims of crime support service and across Victoria. We are particularly concerned that community-based organisations. there could be fires of a similar ilk, for example, to those that affected Canberra in 2003. The consequences Achieving justice or closure is not an easy matter for would be not just for persons and property; importantly many victims of crime. The report identifies the we need to understand the impact it would have on the importance of timely access to early intervention water catchments. counselling to promote positive outcomes for victims. We, as a government, have the responsibility to protect I refer to some work that has been undertaken under the our community against thugs and criminals and the direction of Professor Mark Adams, the dean of the responsibility wherever possible to try to help in a faculty of agriculture at the University of Sydney. For positive way to aid in the rehabilitation of innocent some years he has conducted work in the alpine shattered lives. That is what this tribunal manages to regions, looking at water yields across the eastern achieve. highlands of Victoria, in effect including from Canberra to the Upper Yarra catchment. What he has Victorian magistrates, both men and women, headed by demonstrated by his work is the direct correlation a supervising magistrate appointed once every three between the amount of foliage — that is, vegetation and years by our Chief Magistrate, Mr Ian Gray, sit on the growth — and the water yield from the catchment. The tribunal at venues located all over Victoria. They are to two are directly related because transpiration has the be congratulated for their dedication and commitment greatest impact in terms of the utilisation of rainfall. to bringing empathy and compassion to their role and to What is left after transpiration can run off into our determining to whom and how the funds for victims of water catchments and reservoirs. violent crime are to be awarded. The problem I allude to is that the Melbourne water The Brumby Labor government also recognises that catchment has been substantially unburnt for some adequate resources for this important program need to years, since 1939 — on my calculation that is 70 years. be ongoing. I commend the report, and I commend the Because of a lack of fuel reduction burning by Attorney-General, Rob Hulls, and all the tribunal government agencies, what we have been left with is a members and their staff for their outstanding capacity to high-intensity fuel load which would result in extreme make the lives of these victims just a little bit easier burning. David Packham, a senior research fellow at during a most difficult and distressing time. Monash University who is looking at the specific issue of fire management, predicts that in those catchments Department of Sustainability and we have the highest fuel loads for 40 000 years. The Environment: report 2007–08 intensity of the fires would be devastating in the short run in their impacts on water yields and also in the Mr P. DAVIS (Eastern Victoria) — I would like to longer term, because the regeneration across that make some remarks on the Department of Sustainability 150 000-hectare catchment would be such that there and Environment report for 2007–08. In particular I would be a significantly reduced yield from the want to refer to the department’s responsibilities in catchment. regard to fire management on public land. From his research Professor Adams estimates that in I do so particularly because of the contemporaneous the worst case scenario you would lose 30 per cent of issues. Presently there are 87 fires burning in Victoria, the water yield for 80 years. If people think they are a and earlier this week we heard comment about the bit short of water for a shower today, they should think nature of the impact of deliberately lit fires in the about the consequences of that. Strzeleckis on communities there. But what I want to allude to is a significant and greater threat the Victorian All of this can be sheeted home to the failure over a community will be faced with on Saturday. It is evident decade of the Bracks and Brumby governments to that the fire forecasts show that Victoria has the undertake proper public land management, in particular prospect of facing a conflagration similar to that of Ash the management of fuel loads on public land in Wednesday or indeed perhaps Black Friday of 1939. I anticipation of the inevitable fires which do occur. STATEMENTS ON REPORTS AND PAPERS

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Under the watch of Steve Bracks and John Brumby we with us, and that was appreciated by all members of the have managed to burn a third of our public land over the committee. last five years, and I predict that there will be a significant additional amount of public land burnt this Our government is committed to promoting tourism, weekend. Indeed it is going to be catastrophic, and I note and that is one of the reasons for the government’s for the attention of the house that there will be impacts release of the regional tourism action plan, which that the government will need to deal with next week. provides for a $7.3 million advertising campaign over four years, highlighting spa and wellness experiences in Statements interrupted. Daylesford as well as the tourism strengths of communities right across Victoria. This is the next phase of the Jigsaw campaign, which we are all very DISTINGUISHED VISITOR much aware of from its various advertising campaigns. There will be $6 million over three years to enhance The DEPUTY PRESIDENT — Order! I take this regional marketing, to get out there and market the opportunity of drawing to the attention of the house that regional tourism products we have, not only to the local we have in the gallery Mr Steve McArthur, who is a market in Victoria but to our many national and former member for the seat of Monbulk in the international visitors to Victoria. Legislative Assembly. Before he and his guests take flight, we acknowledge his presence at Parliament The plan includes $2.1 million over the next three years today. to promote Victoria’s nature-based tourism strengths. A lot of work is being done right across the state promoting our many parks and nature-based tourist STATEMENTS ON REPORTS AND PAPERS attractions. There are a number of those in my electorate of Northern Victoria, including the high Statements resumed. country and the whole Murray region with the Rural and Regional Committee: government nature-based experiences that are available in that part response to inquiry into rural and regional of the region. There will be $900 000 to market regional Victoria’s strength in food and wine, and what tourism fantastic food and wine products and tourism attractions Ms DARVENIZA (Northern Victoria) — I am very we have! In my electorate of Northern Victoria we have pleased to rise to make a few brief comments on the many fantastic experiences that people can take government’s response to the inquiry into rural and advantage of. regional tourism. Mr Drum, who is the chair of the There will be $650 000 to address skills shortages committee, spoke earlier. I am a member of that facing the tourism industry by expanding the successful committee along with my parliamentary colleague Tourism Excellence program. Mr Drum spoke about Gayle Tierney, who is the deputy chair from the the shortages in his response to this report. The need to government side. Together with Mr Drum I welcome have a skilled workforce was a concern raised with the the government’s response to the recommendations that committee consistently right across the state. were made by the Rural and Regional Committee after the inquiry into rural and regional tourism. Mr Drum We are seeing dramatic increases in visitations to expressed his pleasure at the government’s response. regional Victoria and Victoria generally. International The government has agreed to an overwhelming 90 per visitations to regional Victoria increased by 5.3 per cent of the recommendations that were made by the cent, international visitor expenditure in regional committee, which clearly demonstrates that it is open to Victoria increased by 14.2 per cent and domestic the recommendations. overnight visitor expenditure in regional Victoria increased by 6.1 per cent. Clearly tourism in regional This inquiry took us all over rural and regional Victoria, Victoria is working. and we had the opportunity to meet with many tourism operators in different regions, a number of which have Auditor-General: Literacy and Numeracy been going through some pretty tough times. They have Achievement experienced natural disasters including the ongoing drought, the floods in Gippsland and fires in parts of Mrs PEULICH (South Eastern Metropolitan) — I regional Victoria. People were very forthright, honest wish to speak about the literacy and numeracy and giving of their time in sharing their experiences achievement report dated February 2009 and tabled yesterday by the Victorian Auditor-General’s office. STATEMENTS ON REPORTS AND PAPERS

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Before commenting on the substance of the report I use and have different elements capturing various this opportunity to commend the Auditor-General’s information relevant to literacy and numeracy. office. With very few exceptions I go to most of the briefings that are organised, and I generally walk away The four assessments had a range of limitations when with a degree of dissatisfaction, because the trend has used to analyse long-term trends. Not all students were been to use vignettes and samples from which valid and assessed in the same way, and the extent to which the lasting conclusions are often very difficult to draw. This full range of students’ abilities was measured varied. report, however, is different because it takes systemic Some data sets were not consistent over time, and the information from the government school system in capacity to track the progress of individual students was Victoria across a 10-year span. I commend the report. It restricted. is a very good launching pad for more intensive scrutiny of what we need to do to improve the quality The recommendations from the Auditor-General are of education in the state, in particular for the vast that, as a priority, this needs to improve. We need to number of Victorian students, most of whom attend have ways of capturing data that are consistent and government schools. comparable, which will give us an opportunity to intervene early to help individual students. Students What this report shows is that despite the constant generally performed less well in numeracy than rhetoric of the Brumby government that education is its literacy, and we need to make sure that we offer them no. 1 priority, John Brumby has presided over an the support they need in order to make the most of the alarming slump in literacy and numeracy standards in resources and the opportunities this state and our Victorian schools despite 10 years of being in power. community have to offer. Their parents expect that; What it also shows is that specific initiatives such as the they expect that. We, as legislators, should make sure capping of class sizes from prep to year 2 has had some that we make the systemic changes that will assist that effect, but it is a negligible and non-lasting effect. It process. At the moment it is all a little bit of a poke in also shows that the improvements across the life span the dark. We hope for the best, but there is no direct of a student are lower in numeracy than in literacy but correlation or relationship between inputs and outputs. both present problems. We know the importance of The outputs are crucial, because we are talking about both of these skills if people are going to achieve their individuals, we are talking about children, we are full potential as adults, and I believe every dollar talking about future denizens of this state and hopefully wasted is a dollar that denies these children the leaders of our community. opportunities to acquire lifelong skills. We need to make sure that whatever funds are set aside by this Country Fire Authority: report 2007–08 government or any other organisation that pumps Mr EIDEH (Western Metropolitan) — Recently money into our education system are accounted for and our Premier fulfilled a lifelong and most commendable used in the most effective way. ambition by completing training as a Country Fire The object of the Auditor-General’s report was to Authority volunteer. I sincerely believe this shows the determine whether student literacy and numeracy are great and sincere respect he has for the men and women improving in government schools. This is the second of the CFA — the great volunteers who face danger on time, the first being in 2003, that the government’s behalf of the people of Victoria. I further regard this as inability to improve basic literacy and numeracy skills the mark of a leader, a man willing to test himself among students of all ages has been exposed. It is against others without seeking favours to ensure that he unfortunate that there is not comprehensive integrated better understands these great Victorian heroes. I am data that could be used not only to assess the viability certain that each and every member of this house would and the strength of our system but to track individual agree with me that the members of the CFA are heroes. students who are deserving of greater help if they have The 2007–08 annual report of the CFA records the challenges in either literacy or numeracy or other skills. achievements of that great organisation, and it is on that The four sets of data used include the assessment of document that I rise to speak today. To quote from the reading, teacher judgement of student progress — and report: we know how subjective that can be despite the CFA is wholly committed to the prevention, preparedness, introduction of VELS (Victorian Essential Learning response and recovery phases of emergency situations. Standards) and its predecessor the curriculum support framework — achievement improvement monitoring That they do it so very well is a testament to the men and the Victorian certificate of education. These and women who are the Country Fire Authority. I also assessments span the school years from prep to year 12 note from the report that the CFA serves over STATEMENTS ON REPORTS AND PAPERS

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2.6 million Victorians and protects over 1 million Victoria has a terrible record with regard to level homes. It operates one of Australia’s largest crossing safety and the number of uncontrolled or communications networks. The CFA’s 60 000 people poorly controlled level crossings. In the metropolitan contribute over $840 million to the Victorian economy area the interface between the rail network and the road in addition to their great volunteering role in working to network is severely compromised by the number of keep Victoria safe from fires and other disasters. They level crossings and the lack of grade separations, and also service our developing economic growth corridors, that applies in particular to the last three decades. The which are essential to the future of the state. In the chairman in his foreword to the report said: current economic times, each of these is something to boast about and something of which all in the CFA … a comprehensive package of safety measures needs to be planned, funded and implemented in an energetic manner. should be very proud. As Mr Guy so eloquently stated yesterday, the problem There are many more positives I could mention about is that issues of safety and issues of fundamental the great organisation that is the Country Fire infrastructure have not been high priorities for this Authority: how well it is managed; the manner in which government. Matters such as signalling and track it trains its people so very professionally — something replacement on our rail network, and the elimination of the Premier can speak of firsthand; its absolute level crossings through grade separation or better commitment to safety; and more. But when I talk about safety, particularly in country areas, have not been a the CFA I must stress that its success is built on that priority for this government, and this has led to an great Victorian success story, the volunteer. Without alarming number of accidents, near accidents and volunteers so many areas of Victorian society would be collisions. in jeopardy and our very society would be that much weaker. While each and every volunteer is special — In fact the chair concluded in his foreword that unless a blood donors, hospital charity volunteers, opportunity number of surface level crossings are closed or new, shop people, sporting club people — the CFA lower cost technologies implemented, the committee volunteers, like the State Emergency Service considers it will be many decades before safety at level volunteers, risk their lives for us. crossings can be improved. What concerns me, though, is that the government does not seem to take this The board of the CFA has acted professionally and challenge seriously, and the latest transport package, responsibly in ensuring an efficient organisation and announced by the government last December, does not one of which we can all be very proud. This includes adequately fund or prioritise the elimination of level new initiatives such as using class A recycled water for crossings throughout Victoria. The executive summary fighting fires, given the severe water crisis in our state. of the report states: The authority has also shown true vision in acting to become involved, offering its expertise, in the new During the six months prior to the commencement of this developments that are enlarging the outer metropolitan inquiry, from January to June 2007, there were 11 crashes area. The Country Fire Authority is a great organisation between a train and a vehicle or pedestrian at level crossings, which resulted in 13 fatalities … In addition, rail operators with a great sense of commitment to our state. I reported 135 near misses with vehicles or pedestrians. commend its volunteers, I commend its staff, I commend its board and I commend this report to the The system is in crisis and is literally an accident house. waiting to happen. That is of great concern to the opposition. That concern is heightened by the Road Safety Committee: improving safety at government’s failure to get freight off the roads with its level crossings consideration of the introduction of B-triples. One can only speculate as to what impact that will have on road Mr O’DONOHUE (Eastern Victoria) — I am safety, particularly at level crossings. pleased to make a contribution this morning on the Road Safety Committee’s report, dated December In my electorate of Eastern Victoria there are a number 2008, on its inquiry into improving safety at level of level crossings on what were traditionally country crossings. This report flows from a motion moved by roads with a country rail network. They are now Mr Philip Davis on 18 July 2007. The issue of level incorporated into the Melbourne growth area and are crossings has been of great concern to the opposition rapidly becoming part of metropolitan Melbourne. The for a significant period of time, but public awareness of frequency of train services on those lines has grown the issue was heightened by the tragedy in Kerang in rapidly. At intersections such as Clyde Road with the June of 2007. Pakenham line, McGregor Road with the Pakenham line and Cardinia Road with the Pakenham line traffic STATEMENTS ON REPORTS AND PAPERS

152 COUNCIL Thursday, 5 February 2009 volumes have grown exponentially, and the failure of water for communities, for irrigators and for the the government to act means that the cost of grade environment and our rivers during a period of the separation is also growing exponentially. As the land lowest inflows in 117 years. The reported inflows into around these areas develops so too does the cost. the basin in January were very close to historic lows at just 70 billion litres. As a result it is more important The report makes many good recommendations. I than ever before to use water resources as efficiently as commend the committee for its work, and I hope the possible. That includes massive investments in government listens to the recommendations and acts. irrigation infrastructure to capture the huge water losses The time for excuses is over; the time for action is now. in the system which are continuing to occur. Those investments in infrastructure include commitments Murray-Darling Basin Commission: report from the Victorian Brumby Labor government as well 2007–08 as the Rudd Labor government in a range of infrastructure projects, including the $2 billion food Ms BROAD (Northern Victoria) — Today I wish to bowl modernisation project, which is a very good make a statement on the Murray-Darling Basin example of upgrading infrastructure to capture water Commission annual report 2007–08. The report marks savings and deliver more water to irrigators, to the 20th anniversary of the commission. communities and to the environment as a consequence. The Murray-Darling Basin Commission was a very It is about time — in fact well past time — in light of important initiative of the federal and Victorian Labor not only the report that I am making this statement on governments 20 years ago — an initiative I well today, the 2007–08 annual report of the Murray-Darling remember as an adviser at the time to the Victorian Basin Commission, and the first drought update by the Minister for Conservation, Forests and Lands, Joan new Murray-Darling Basin Authority, that the Liberal Kirner. She and Evan Walker, then Minister for Party and The Nationals support these investments in Planning and Environment, were prime movers. infrastructure to reduce our system losses and capture As it happens, the 20th year of the Murray-Darling these water losses for the benefit of the system. Basin Commission is its last, because it is being Unfortunately that is not being done, and we have seen, subsumed into the new Murray-Darling Basin as a result of the actions of the federal Liberal Authority. This follows action by current Labor opposition, a continuing opposition to investment in governments in July last year to sign the infrastructure which is much needed by the intergovernmental agreement on Murray-Darling Basin environment, by our irrigators and by communities. reform. Members will recall the passage of the I again congratulate all of the staff, ministers and legislation through the Parliament at the end of 2008 members of the community who have contributed to after significant delays as a result of actions by the the Murray-Darling Basin Commission over its Liberal Party and The Nationals. 20 years. I understand many of them are seeking to or I wish to acknowledge and thank all the commissioners, have already applied for transition to the new authority chief executive officers and staff who have served over to continue their work in the new authority. Their work the 20 years of the Murray-Darling Basin Commission is needed more than ever before. We very much need for their contributions, together with all the members of the investments that Labor is committed to making to the community advisory committee who have improve our water infrastructure and increase our water participated over the same period. The community use efficiency. I take this opportunity to again call on advisory committee was an important initiative of The Nationals and Liberal Party to support these Labor ministers at the time the commission was actions by Labor governments. established to ensure there would be community Auditor-General: Preparedness to Respond to participation and advice to ministers, and that indeed has happened over the 20 years of the commission. Terrorism Incidents — Essential Services and Critical Infrastructure As the annual report points out, without the structure, operations and policies over the past 20 years of the Mrs KRONBERG (Eastern Metropolitan) — My commission, the Murray River would have run dry in statement today is on the Auditor-General’s the continuing drought conditions we are all Preparedness to Respond to Terrorism Incidents — experiencing. As the report points out, in recent years Essential Services and Critical Infrastructure. I the biggest challenge for the commission has been to recommend that all members of the chamber read this ensure the delivery of water down the river system — report, because it will send a little chill down their spine. The operative word has to be ‘preparedness’. We PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

Thursday, 5 February 2009 COUNCIL 153 have certainly gone off the boil in terms of our focus on which originate in part from the coexistence of part 6 of implementing what was our original strategic intent. the act for essential services and the critical Our ability to manage critical infrastructure has been infrastructure protection framework, are causing very sorely tested — whether that is the supply of confusion to the agencies concerned and therefore water, the supply of power or the supply of public actually hindering the coordination of a potential transport services — and police manning levels come response by all parties as well as the capacity for them into the equation as well. to analyse their own capabilities to respond. Government arrangements could be more effective. The report outlines the history of terrorism incidents. The concern in Australia originated with September 11, The Auditor-General also stresses that security and 2001, when Australia developed what was called a continuity networks are not fully operational, with ‘national counter-terrorism alert’. At the moment our varying levels of progress among them: of the nine, counter-terrorism alert is described as being at a only two are described as operating well. One has medium level, meaning that a terrorist attack could recently converted to another means of responding. occur here. Since the Bali bombing in October 2002, Two are in the early stages of operation. reforms and enhancements to Victoria’s response capability have resulted in the introduction of The DEPUTY PRESIDENT — Order! The arrangements, legislation and a strategic intent for member’s time has expired. capabilities improvement.

It goes without saying that our capability here in PUBLIC ACCOUNTS AND ESTIMATES Victoria relies on cooperation between state, national COMMITTEE and territory jurisdictions. But for the purposes of this audit we looked to Victoria’s counter-terrorism policy Membership statement, Enhancing Victoria’s Domestic Security — New Measures for the Fight Against Terrorism. This Hon. J. M. MADDEN (Minister for Planning) — means what it means. Victoria Police are required to On behalf of Mr Lenders, I move: provide direct assistance to organisations that run our That Ms Huppert be a member of the Public Accounts and utilities — gas, water and electricity — along with Estimates Committee. transport and fuel supplies to ensure that their risk management plans are in place, are reviewed and are Mr D. DAVIS (Southern Metropolitan) — I want to appropriately responsive and also that joint make a number of remarks on this appointment. I want counter-terrorism exercises are coordinated. to make it clear in the first instance that I have no concerns with Ms Huppert and indeed welcome her to The Auditor-General tells us that the government’s this place. I believe it is important that Southern response arose from a climate of concern that had Metropolitan Region is represented in full. I want to put developed because of the fact that the state’s essential on the public record that I have in recent days been services and infrastructure of critical importance to engaged in conversations with the Leader of the Victorians — and of strategic importance to any Government about the balance on a number of the joint terrorist looking at us — are now privately owned or parliamentary committees, and I believe there is a need operated. We are reminded that the primary for a significant rebalancing of these committees. The responsibility for the adequate provision of protection government controls all bar one of those committees, of these critical assets and utilities rests with the owners and I think that does not adequately reflect the and operators of our critical infrastructure. The democratic results that occurred in Victoria at the last Auditor-General points out that the agencies and election. It certainly does not reflect the load of those arrangements that our emergency services use to committees or the need for the references to be given a respond to both routine incidents and emergencies are fair hearing with the widest representation across the the same as those that the Victorian government uses to Parliament. respond to terrorism. So there is no crack corps should a terrorism act occur in this state — it is business as There is in addition a concern regarding the usual. establishment of committees in the Legislative Council; there is a question of resources. I have engaged in What is revealed about cooperation, coordination and conversations with both minor parties and the Leader of understanding of the imperative of combined training the Government concerning the need for greater exercises beggars belief. The Auditor-General has resources for the select committees of the upper house concluded that the security and continuity networks, PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

154 COUNCIL Thursday, 5 February 2009 and the need for the establishment of satisfactory and committee — have faced the challenge of insufficient resourced standing committees. capacity to undertake the reference to the extent that one would like. Indeed just yesterday in this chamber I Enormous resources are devoted by the people of discussed with a former member of the public land Victoria through the joint parliamentary committees, management committee the greater depth with which and by and large they do a good job. I support the work we could have examined a number of issues had we of joint parliamentary committees and believe they can been able to access sufficient resources. often provide useful ways of airing topics and reaching consensus across the chambers and across parties of the There are a number of issues involved. To recap very Parliament, which often leads to durable results for the simply for the house: there is the need to rebalance the community. resources within the joint committees, and there is the need to rebalance the resources between the joint However, the very significant budget of the joint committees and the Legislative Council committees, parliamentary committees is unbalanced given the both standing and select. considerable work done in this chamber and by the committees established by this chamber. Let me put it I am aware that the Leader of the Government is not on record for the community so they understand: the here today because he is at a Council of Australian budget of a joint parliamentary committee is of the Governments meeting, but I look forward to those order of $300 000 to $350 000 — I am quite happy to discussions with him continuing. In an act of good be corrected on that ballpark figure — while the Public faith, we will support the appointment of Ms Huppert, Accounts and Estimates Committee has a budget of but I place on record our concern that these matters be more than $1 million. We are talking about very addressed quickly. significant sums. The committees need to fully and appropriately reflect the wishes of the community and The DEPUTY PRESIDENT — Order! Before I deliver results for the community. call on Mr Barber, I point out that the motion before the house is a very tight and straightforward one — that is, In speaking to this motion I indicate that the opposition it is a motion of appointment of a member to a will support the government’s motion. We would have committee. Mr David Davis has taken the opportunity preferred these discussions to have been completed to reflect upon the structure and resourcing of before the appointment was made, but in the interests of committees as part of his contribution to debate on the protecting the principle of replacement of like with like motion. I have been prepared to accept that discussion by the political parties, we will support the motion. and line of argument as pertinent to the appointment motion because it relates specifically to the structure of However, this is not the end of the discussion; indeed committees. the discussion must be redoubled. It will happen at various committees of the other house, where we will However, I indicate to any further speakers in the seek the appropriate establishment of standing debate that I propose to confine the matters discussed to committees. However, standing committees are of little those associated with the appointment itself, which is use unless they are appropriately resourced. That the substance of the motion, and to pertinent remarks in resourcing is a significant issue, and I believe there is a regard to the structure and resourcing of committees, strong argument for rebalancing the resources between which has been introduced as a subject matter by the joint parliamentary committees and the upper house Mr Davis. I will not allow an expansion of this debate committees. There needs to be a shift in those into a broader ranging discussion of the work of resources. I am not arguing for new resources for committees or of particular briefs before them at this parliamentary committees but for a rebalancing of those time, because I believe that would be an extension well resources to reflect what actually occurs, the work that beyond the motion that is on the floor of the house. is done, and the important scrutiny and review role of the upper house. Mr BARBER (Northern Metropolitan) — The Greens have no objection to the participation of The work of upper house committees seeking to Ms Huppert in parliamentary committees, which is both scrutinise the government and hold it to account is valuable and rewarding; however, the Public Accounts increasingly being frustrated by the lack of resources. I and Estimates Committee is possibly one of the most know those who have chaired those committees — important elements of our democratic checks and Mr Rich-Phillips with the previous gaming committee balances, and we have on past occasions raised a and the current finance and public administration number of objections in relation to the structure and committee, and me with the public land management make-up of PAEC. Specifically we believe this PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

Thursday, 5 February 2009 COUNCIL 155 committee should, regardless of the make-up of any where there were only two government members of the particular Parliament, be controlled by a 19 now in this place of the seven members on those non-government majority. I have to say my select committees. This side of the house finds it a little participation in PAEC over the last two years has only galling to be lectured by the Greens and the Liberal strengthened that view. Party about the structure of a parliamentary committee.

When committees were first appointed at the beginning I understand that members on the other side would like of the Parliament and when there were some changes to to see a beautiful world where they controlled all of the the relevant legislation, we moved an amendment that committees in this Parliament, and I understand their would set in stone that position within the act. If this reasoning. It is a bit tough when you are irrelevant in particular appointment does not proceed, we will have a opposition, but you do not use the replacement of a temporary situation due simply to the make-up of the government member by another government member current numbers that achieves our objective, which we as your point of manipulation to get to other things. argue from a number of points is the right one. This is the most inappropriate and disgraceful attempt The alternative principle that has been put up is that to try and manipulate an outcome, by suggesting that there should be a like-for-like replacement of a they — the Greens in particular — are going to oppose committee member — that is, a replacement member the appointment of a government member to replace from the same party as the member who has departed. another government member who has resigned from There is nothing sacred about the current numbers and the committee. It is an absolutely inappropriate method make-up of joint committees in this Parliament. They of trying to manipulate the outcome that Mr Barber were put together as part of an unholy alliance between seeks. It is absolutely wrong. Labor and The Nationals, who were buddies at that time, as part of a broader deal. The government has decided that it will proceed with this nomination. We appreciate that the Liberal Party Mr Viney interjected. has indicated it will support the nomination. It is an important principle that where a member resigns from a Mr BARBER — The Labor right always prefers to parliamentary committee, that member is replaced by a move into a partnership with a party of the far right. We member nominated by the same party. If a member of see that on almost every occasion, and that particular the Liberal Party or The Nationals resigns from a deal was about allowances in people’s pockets and who parliamentary committee, on behalf of the government I got to drive around in white cars and so forth, which can give an absolute iron-clad guarantee that we will makes it all the more tawdry. I wonder whether The support their nomination. That is what we would do Nationals’ constituents who are now facing some of the even for the Greens. If a member of the Greens chooses challenges we are seeing in this state now wish there to resign from a parliamentary committee, we would be were stronger democratic checks and balances in more than happy to support one of the other two that place — but that is for them. remain in this house at that party’s nomination.

In addition, there is no urgency about an appointment. This is not a time for the Greens to attempt to Despite the fact that I am sure Ms Huppert is very keen manipulate so as to gain the outcome they seek. The to get going, I am sure her head is still spinning a little government has been in discussions with the Greens too, and if another few weeks went by without that and the Liberal Party about some of the things they are particular appointment, it may be that only one actual seeking in relation to committees. Those negotiations meeting of PAEC had to occur without her presence. can continue, they can happen and they can continue This could be the trigger to bring to a head the sorts of separately, but the Greens should not use this as the discussions that Mr David Davis alluded to, and by my point of leverage to try and manipulate the outcome understanding there have been a number of meetings of they want. the Standing Orders Committee which are meant to be thrashing out this issue. Ms PENNICUIK (Southern Metropolitan) — I support the points that Mr Barber has made in respect Mr VINEY (Eastern Victoria) — Being lectured by of the appointment of a government member to the the Greens and by Mr David Davis on the structure of Public Accounts and Estimates Committee. I will not committees is a little bit galling for members on this repeat the points he made about his experience on that side. This is the alliance that put together two select committee but to say that it is Greens policy, and it is committees in this chamber that had a total the situation in other parliaments, that estimates non-government domination of select committees, PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

156 COUNCIL Thursday, 5 February 2009 committees are not controlled by the government nor It is an opportunity to raise that issue in the Parliament are they chaired by the government. now.

Mr Viney raised the point that somehow we are in Mr KAVANAGH (Western Victoria) — As has some insidious way using this opportunity to raise the been pointed out by David Davis, PAEC (Public issue, but this is the opportunity to raise the issue. In Accounts and Estimates Committee) is an extremely 2007, when the Parliamentary Committees Act was expensive committee. A lot of money is spent by amended to give the government control of all the Victorian taxpayers on its work. As an outside observer lower house committees, I stood in this place to raise it seems to me its job is not being done effectively the issue of the chairmanship and constituency of the because the government has a majority on the Public Accounts and Estimates Committee; I made that committee, which is basically intended to review point very strongly. government actions. We all know that people tend, by definition, not to be objective about themselves. Indeed, It is an opportunity now that we have vacancies on it is a rule of natural justice that you cannot be a judge these committees to raise this issue again because the in your own case. Greens and the Liberal Party at the time queried why the committees were being constituted unfairly. At the Mr Viney talked about the timing of raising objections time we said — and anybody can have a look at the to the composition of committees, saying that the make-up of the committees — the Labor Party and The retirement of one member from the Parliament and Nationals had the majority on all of them. So this therefore a committee that he or she serves on is not the debate is a perfect opportunity to revisit that issue. right time. However, as Ms Pennicuik said, retaining the status quo is fair if the status quo is fair. If the status Mr Viney is very well aware that I have had discussions quo is not fair then retaining it is hardly an act of with the government on many occasions about the fairness. make-up and composition of committees. Mr Barber gave notice this morning of a select committee which Mr Leane — What about select committees? does reflect a different composition, which is in line with the discussions we have had with the government, Mr KAVANAGH — ‘What about select so that shows our good faith in that respect, and I have committees?’, Mr Leane asks. made the point many times to the government. Mr Viney interjected. As Mr Barber has said, this not an issue about Ms Huppert; it is about the composition of the Public Mr KAVANAGH — If Mr Viney looks at the Accounts and Estimates Committee. The principle that voting record, he will see that I voted each and every Mr Viney has talked about — that is, replacing like time to balance select committees a little more fairly with like on committees — is a fine principle as long as than they were balanced. However, it would seem to the composition of the committees in the first place is me, for example, with the select committees, that if fair. someone retired or resigned from them, that would be the appropriate time to consider the composition of I have mentioned that we have put a proposal for a those committees as well. I do not see anything wrong select committee which reflects fair composition as with that. raised by the government in good faith, so the principle of replacing like with like is a fair principle if the There is the principle of replacing like with like, which make-up and foundation of the committees in the first sounds attractive, but there are more important place is done in a cooperative way. So we will not be principles involved. Firstly, there is the principle of supporting — — obtaining value for money for the taxpayers of Victoria who are paying for this committee and who would like Honourable members interjecting. to see something of real benefit come to the state from it. I do not believe much benefit is going to come to the The DEPUTY PRESIDENT — Order! I will not people of Victoria unless the composition of the have Mr Viney discussing matters across government committee changes. benches. There is another principle, which is that governments Ms PENNICUIK — My points were mainly that should be accountable. Retaining the present replacing like with like is a fine principle if the composition of the committee would mean that the composition of the committees in the first place was government would not be accountable through PAEC done in a legitimate and fair way, which it has not been. to the people of Victoria. With no reflection on the PUBLIC ACCOUNTS AND ESTIMATES COMMITTEE

Thursday, 5 February 2009 COUNCIL 157 considerable abilities of Ms Huppert, I intend to support select committees of this party have been formed on. In the position of the Greens. response to the government’s arguments presented by Mr Viney and Ms Broad I point out that proportional Ms BROAD (Northern Victoria) — I wish to take representation is a system that now elects all of us in this opportunity to support the government’s this Parliament. Proportional representation is all about nomination of Ms Huppert to PAEC (Public Accounts parties; it is not about individuals or individual and Estimates Committee) and also to make some numbers. remarks about the principles that have been referred to of democracy and fairness — principles which Labor In terms of proportional representation one can argue absolutely stands by. It is interesting to contemplate that select committees of this house can be based either what some of the speakers we have heard on the other on parties or on individuals who have been elected to side might mean when they refer to fairness and this Parliament. Consistent with the principle of democracy. In most people’s language fairness and proportional representation, the select committees of democracy might mean that the numbers in the this house have been based on the number of parties Parliament, which reflect the outcome of a democratic elected by proportional representation rather than by the election for the Parliament, should be reflected in the numbers of people elected under that system. Parliament’s committees. That is totally consistent. If the people of Victoria There is a very good reason that on all committees decide to elect members of the Labor Party, the Liberal established by Parliament, with some notable Party, The Nationals, the Greens or the Democratic exceptions — one very generous exception by the Labor Party to this Parliament, each of those parties government and two select committees of this house, deserves to be represented on select committees of this which I will come to in a moment — the government house. has a majority. It is for the very simple reason that those numbers reflect the results of the 2006 election by the Ms Broad — That is not proportional people of Victoria, and therefore one would think it representation. reasonable that those election results would be reflected by this Parliament. Mr HALL — That is proportional representation (PR), because PR is all about parties; it is not about As has been indicated by Mr Viney, it is galling indeed individuals. The criticism of the government is totally to be lectured, particularly by the Greens and by inappropriate and not logical given that it espouses the Mr Kavanagh, about these principles when votes to principle of proportional representation. establish select committees of this house have absolutely flouted principles of fairness and democracy The essence of this motion is to appoint a new member by establishing committees of seven where Labor, the to the Public Accounts and Estimates Committee. I government, has only two out of the seven members totally support that member being elected, but let us not when it has in this chamber, for everyone to see, hear the government throw up this furphy and make 19 members out of 40. In anyone’s reasonable this a debate about the composition of select interpretation of fairness and democracy, two out of committees of this house. We have a mandate in this seven does not reflect the results of the 2006 election chamber to appoint select committees. We have done and the wishes of the people of Victoria. For those that according to the principles of PR, which the Labor reasons I reject the interesting interpretations of the government introduced. principles of fairness and democracy that the Greens Ms Broad — That is a nonsense. and Mr Kavanagh are choosing to put before the house. Mr HALL — It is not a nonsense. I support the government’s nomination of Ms Huppert, and I support the principles of fairness and democracy House divided on motion: which Labor, the government, has continued to support in this Parliament in relation to the establishment of Ayes, 34 parliamentary committees. Atkinson, Mr Lovell, Ms Broad, Ms (Teller) Madden, Mr Mr HALL (Eastern Victoria) — I did not intend to Coote, Mrs Mikakos, Ms speak on this motion, but having listened to the Dalla-Riva, Mr O’Donohue, Mr Darveniza, Ms Pakula, Mr contributions of government members they seem to be Davis, Mr D. Petrovich, Mrs harking back to the principle of proportional Davis, Mr P. Peulich, Mrs (Teller) representation and being critical of the numbers that Drum, Mr Pulford, Ms ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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Eideh, Mr Rich-Phillips, Mr lived in the electorate for the rest of his life. My late Elasmar, Mr Scheffer, Mr father, George Huppert, who was born in Vienna, Finn, Mr Smith, Mr Guy, Mr Somyurek, Mr arrived in Australia with his parents in 1941. My Hall, Mr Tee, Mr paternal grandparents, Eugene and Mina Huppert, were Huppert, Ms Theophanous, Mr born in what are now the Czech Republic and Poland Koch, Mr Tierney, Ms respectively. My father moved into the electorate a few Kronberg, Mrs Viney, Mr Leane, Mr Vogels, Mr years after arriving in Australia and stayed. My husband, Bobby Guttmann, migrated to Australia Noes, 4 25 years ago, and he, too, has lived in the electorate since his arrival. Barber, Mr Kavanagh, Mr (Teller) Hartland, Ms Pennicuik, Ms (Teller) My family has a long history of service to the Motion agreed to. community. My parents have committed many hours to community and service organisations, including scout and guide groups, the Melbourne Hebrew Ladies ANNUAL STATEMENT OF GOVERNMENT Benevolent Society, Rotary and B’nai B’rith. Most INTENTIONS recently my father worked tirelessly for Courage to Care, a travelling exhibition and educational program Hon. M. P. PAKULA (Minister for Industry and dedicated to promoting respect and acceptance of all Trade) — On behalf of the Treasurer, I move: people. My parents’ commitment to the ideals of community service, social justice and human rights has That the Council take note of the annual statement of been a profound influence on my life. I know that my government intentions for 2009. father, who passed away only a few months ago, would Ms HUPPERT (Southern Metropolitan) — Thank have been very proud to see me standing here in this you for the opportunity to speak today. I wish to place. acknowledge the traditional owners of the land on which we stand, the Kulin nation. It is a great privilege My interest in issues of public policy stems from a to represent the electorate of Southern Metropolitan number of different sources. Some of the policy issues Region and to be a member of the Brumby Labor of particular interest to me are issues around social government. justice and social inclusion and ensuring that development of our great state of Victoria occurs in a Southern Metropolitan Region is a diverse electorate, manner which delivers benefit to all. and its residents include representatives from many different walks of life and backgrounds. The electorate As a geography student at Monash University in the includes the vibrant Southbank arts precinct and early 1980s I studied the effect of unchecked and cosmopolitan Acland Street, and is home to sporting unplanned development on Melbourne, particularly on facilities such as the Melbourne Sports and Aquatic those living in the new suburbs springing up on the Centre and the world-renowned golf courses. edge of the city without access to infrastructure such as public transport and community services. I also looked The percentage of residents in the electorate born at the different but just as difficult challenges facing the outside Australia is greater than the Victorian average more established suburbs, such as those in Southern and many have been long-time residents not only of Metropolitan Region, of coping with ageing Australia but of the Southern Metropolitan Region. infrastructure. My concern with these issues led me to Those residents in the electorate who have migrated to join the ALP. Australia have done so for a variety of reasons — some fleeing persecution and others looking for a better life The Premier, in his statement of government intentions, for their families. To some extent my background restated the government’s commitment to planning for reflects this diversity. Victoria in a sustainable manner. Melbourne 2030 and Melbourne @ 5 million provide a framework for I have lived in the electorate of Southern Metropolitan managing the growth of Melbourne through Region all my life, as has my mother, Janice, and her cooperation with local councils so that new suburbs are mother, Esther Rosengarten. In fact my properly serviced by infrastructure such as schools, great-great-grandparents moved into the electorate health services and transport. The development of six some 90 years ago, having migrated to Melbourne from central activity centres located around transport hubs England in 1898. My maternal grandfather, Bernie and in areas of high population density will enable Rosengarten, arrived from England in the 1920s and existing infrastructure in more established suburbs to be SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

Thursday, 5 February 2009 COUNCIL 159 properly utilised. The blueprint for regional growth will wishing her well, although I was disappointed that not facilitate opportunities for the creation of regional all members were here to share in hearing her speech. development strategies. But having said that, the house is now debating the Community building requires more than infrastructure, Serious Sex Offenders Monitoring Amendment Bill, as recognised by the government’s focus on support for which has been introduced because of the concerns community organisations and volunteers, which raised in light of the Court of Appeal’s decision late last provides opportunities for people to participate in their year in RJE v. Secretary to the Department of Justice. communities. That case involved the capacity of courts to issue extended supervision orders (ESOs) . There are many people who have provided support, encouragement and friendship during my years in the I remember the concept of ESOs being introduced into ALP. In the mid-1990s I had the opportunity to work this chamber a number of years ago, and at the time we for Clyde Holding, then federal member for Melbourne on this side of the chamber thought they were a good Ports, who made a significant contribution to both the mechanism for monitoring offenders who had served Victorian and commonwealth parliaments. I also wish their sentence for very serious offences. At that stage it to mention the support of the Treasurer, John Lenders; was for sex offences against children or minors; later it the Speaker of the Assembly, Jenny Lindell; Marsha included rape, which is what I think we called for at the Thomson; Michael Danby, the federal member for time the principal legislation was brought in. However, Melbourne Ports; and Michael Borowick, assistant that was voted down by the government, which thought secretary of the AWU (Australian Workers Union). that was not appropriate.

I have been a member of the National Council of An amendment was then brought in last year to include Jewish Women of Australia since the early 1980s. rape, which meant that whether the victim of the Through my involvement with NCJWA I have had the offence was a minor or an adult, the offender would opportunity to meet many remarkable volunteers, who come within the criteria of an ESO. devote hours of their time to programs such as senior citizens clubs, support for migrants, training for women The Court of Appeal has now found what could only be seeking to return to the workplace and developing described as a loophole in the current legislation, which interfaith relations. has raised the hurdle for the Crown of justifying the granting of an ESO by changing the onus of proof from I would not be standing here today without the support ‘likelihood’ to ‘high level of probability’. The decision of my family and friends. In particular I would like to of the Court of Appeal made the onus of proof much thank my husband, Bobby; my sons, Benjamin, Daniel more difficult for the Crown to obtain an ESO, and it and Nathan; and my mother, Janice. My family has also opened up the possibility of appeal by many always supported me in both my career as a lawyer and offenders who presently have ESOs. my involvement in the community and the ALP, and has encouraged me to accept the opportunity to serve as I make it very clear that despite those who may criticise a representative of Southern Metropolitan Region. ESOs as being a breach of individuals’ rights, we on this side of the chamber will always support ESOs. We Debate adjourned on motion of Ms MIKAKOS think they should indeed be extended to apply to other (Northern Metropolitan). serious offences. I will not go into that debate today, but I understand the urgency of this legislation. The bill Debate adjourned until later this day. was brought into the other place earlier this week, and it has been brought into this house as a priority at the first available time. We will give it our fullest support to SERIOUS SEX OFFENDERS MONITORING ensure that there are no loopholes possible in the AMENDMENT BILL granting of ESOs in the appropriate circumstances.

Second reading I must, however, say that there are those in some circles — particularly the civil rights circle — who Debate resumed from 4 February; motion of believe ESOs are not appropriate. I think they are Hon. J. M. MADDEN (Minister for Planning). appropriate, and the state opposition will support them Mr DALLA-RIVA (Eastern Metropolitan) — I am now and into the future. very pleased to have been present during Ms Huppert’s It is not a detailed bill, to say the least; I think it goes inaugural speech and to share with the chamber in for only a couple of pages. It clarifies the situation, as I SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

160 COUNCIL Thursday, 5 February 2009 said, for the courts. Clause 4 deals with when a court opposition will certainly support the bill before the may make an extended supervision order, and it inserts chamber. new subsections (2A) and (2B) in the principal act after section 11(2); they are there in the bill for those who Ms PENNICUIK (Southern Metropolitan) — In the wish to read them. There are also provisions on a last sitting week the government introduced the determination of review, and on page 3 the insertion of Transport Legislation Amendment (Driver and Industry new section 52. Standards) Bill with a view to passing it in three days. There was a genuine misunderstanding regarding the As I said, the provisions are straightforward. However, granting of leave. That was thrashed out in the debate I would like to get clear what happens after the current then, and I do not want to revisit it except to say that decision. Would another ESO be granted against the leave was granted in the absence of the Greens. Our appeal? I do not know; I am not too sure, because I was point was that rushing bills through without time to not able to attend any briefings. It would be good if one consider and without a report from the Scrutiny of Acts of the government members could clarify that. I know it and Regulations Committee on the human rights is in the legislation, but that might help for the record. implications is not good process. I think we made that point strongly. That bill, on any reflection, was not As I said, the bill provides that a court may make an urgent and should not have been rushed through. ESO if there is a risk of the offender committing a relevant offence and that risk is both real and ongoing We are in a similar position with this bill. It was and cannot sensibly be ignored having regard to the introduced into this house yesterday and is being nature and gravity of the possible offending. It removes debated today, with a view to passing it today. any scope for uncertainty by allowing that the However, in this case the Greens will support the determination of an ESO may be based on a moderate passing of the bill because we are satisfied that it is risk, given the trauma and damage to the victims and to urgent. the community. That is provided for in new section 23(2B), which clarifies the intention of the bill The government gave us a comprehensive briefing on by stipulating: the outcomes of a Court of Appeal case which occurred after the rising of the Parliament on 18 December last an offender is likely to commit a relevant offence on the year. The Court of Appeal interpreted the word ‘likely’, basis of a lower threshold than a threshold of more likely which appears in section 11(1) of the Sex Offenders than not … Act, in a way the government and Parliament did not Looking through that wording brings back the old intend it to be interpreted. In particular, as memories of probability. This makes it very clear. Mr Dalla-Riva has pointed out, it has assigned a Rather than referring to 50 per cent, it talks about risk numerical figure and said that ‘more than 50 per cent and how that risk should be assessed. Rather than likely’ means that someone would be ‘more likely than saying that if the risk was 2 in 10, which would be not’ to commit a sexual offence that they had considered too great, the bill says that the risk should be previously been incarcerated for. It has assigned to that considered to be at a higher level, given the nature and ‘more likely than not’ phrase a figure of ‘more than gravity of the possible offending. That would include 50 per cent’. In the briefing given to us by the those who may have committed one or two offences department — and I thank the officers for that against children. Clearly they have a propensity to briefing — it was very clear that that was not the offend on their release. While the apparent risk might intention of the original act, and it is not necessarily the appear low, given that only one or two children were usual interpretation of those words in the statute. involved — as serious as that is — because of the nature and gravity of the offence, this bill now clearly The bill before us, which is reasonably short, seeks to defines that that would probably be a 6 out of 10 risk, clarify the original intention of the word ‘likely’, of and therefore the court would be more attuned to that which the court needs to satisfy itself in the granting of person receiving an ESO. an extended supervision order. Such an order can only be granted in the Supreme or County courts. As As I said, it is a simple, straightforward amendment. It Mr Dalla-Riva said, there are varying opinions in the clarifies an important loophole that has been found by community about the desirability and effectiveness of the lawyers. I guess that is what they are paid to do. I extended supervision orders. It is definitely a difficult am sure the Parliament will agree that any such balance. In this case the Court of Appeal was concerned loophole involving serious crimes of the nature outlined with the common-law rights of liberty of the individual. in the principal act should be closed straightaway. The We know that in the case of sex offences, particularly SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

Thursday, 5 February 2009 COUNCIL 161 serious sexual offences against children, that right of An important protection is that the act allows a court to liberty needs to be balanced against community safety. impose an extended supervision order once a custodial sentence has expired. On 18 December last year the The bill goes a little further than just simply clarifying Court of Appeal found that it would only grant an the original act; it also introduces the notion that the extended supervision order if it was more likely than risk is both real and ongoing and cannot sensibly be not that an offender would reoffend. The court found ignored having regard to the nature and gravity of the that there had to be a greater than 50 per cent chance of possible offending. The court would be looking at not reoffending. When you consider the serious nature of only the likelihood of reoffending — that is, the risk — the offences being contemplated, the impact the but also the gravity and nature of the offence. The court offences have on victims and the track record for would not only be looking at whether the person is reoffending of the types of offenders we are talking ‘more likely than not’ or ‘highly probably likely’ or about, this test by the Court of Appeal sets a benchmark ‘very likely’ to reoffend. Even if they were ‘less than that is too high and that is beyond what the community very likely’, if the offence was of such gravity that the would expect in terms of safeguards against such harm caused to the community and to the victim or offenders. Reports by clinical experts have advised that victims would be substantial, the court must take that this is a very high test indeed and that it is unlikely to into account. It makes that very clear. be met.

With these types of issues it is always a very difficult There is a risk today that those serving extended balance — rights and protections against safety. Having supervision orders could have their orders revoked talked that over with my colleagues, listened to the either on review or on appeal. There is a risk that some briefing and read the material that was supplied to me offenders currently serving sentences in prison will not by the department, I am quite confident that the bill, as qualify for an extended supervision order under this presented, clarifies the position and makes clear what a test, while the community would expect that one should court needs to take into account when deciding whether be in place. The community expects and deserves to grant an application for an extended supervision greater protection from having such offenders on our order made by the department to the court. streets unsupervised, and the government wants to ensure that the community is protected from those who I understand from the briefing that there are currently pose a risk to some of our most vulnerable, particularly around 44 extended supervision orders in Victoria. children and young people. Some are interim, some are in train and 24 of them are active, which means that the persons on the ESOs are The government has moved quickly. As I said, the out in the community under supervision according to decision of the Court of Appeal was made just before the conditions that have been assigned to their extended Christmas, and this is the first sitting week since then. supervision orders by the Adult Parole Board and the The bill was introduced into the Legislative Assembly court. With those few words, the Greens will support on Tuesday of this week, and it was passed on the bill. Wednesday. That same day the bill was introduced into this chamber, and it is now being debated the very next Mr TEE (Eastern Metropolitan) — We are all day. agreed that there are few crimes as heinous as those committed by serial sex offenders. Their predatory The bill before us clarifies the test for an extended behaviour can devastate the lives of their victims. We supervision order and provides a test which says there also know there is a core group of particularly is a real and ongoing risk of reoffending — a risk that obnoxious offenders who, although they have served cannot sensibly be ignored when you consider the their sentences, have not been rehabilitated and are at nature and gravity of the possible reoffending. This test risk of reoffending when they are released. These gets the balance right; it minimises the risks of having offenders often have little control of or insight into their serious sexual predators on our streets, and it is an offending behaviour and little empathy for their important step. victims. For these offenders the risk of reoffending is such that once they have served their sentences they It is important to acknowledge the other parties for their need to be monitored on an ongoing basis. Since 2005 cooperation in allowing the Parliament to deal with the there has been a monitoring regime, put in place bill in such an expeditious manner. With those words I through the Serious Sex Offenders Monitoring Act urge the house to support the bill. 2005, that provides protection for the community against known sexual predators. Mr VINEY (Eastern Victoria) — I am happy to indicate my support for legislation that is designed SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

162 COUNCIL Thursday, 5 February 2009 primarily as a protection for the community. This was people who commit these offences in the first place important legislation when it was introduced to the have a recidivist pattern. It is unfortunate that some of Parliament in 2005, and as with all legislation some those people who recommit these offences are people interpretations of the Parliament’s intent have been who commit some of the worst offences that one can made and it is now necessary for the Parliament to imagine. clarify what its intentions are in relation to that. The government’s intention in this has always been the The legislation is not just about the basis of monitoring protection of the community. It is an undeniable, if and the question of justice around the issues of people difficult, fact to acknowledge that some serious sex who commit offences, but the important need to protect offenders will continue to commit such offences even the community from people who commit these after having served a custodial sentence and even after offences, because it is absolutely true that these crimes treatment. can have lifelong impacts on the victims. With those few words I commend the bill to the house. This legislation is important because often for the victims these offences have a lifelong impact. In Ms MIKAKOS (Northern Metropolitan) — I am dealing with people who have committed such pleased to rise to speak in support of the Serious Sex offences, unlike in the case of other crimes such as Offenders Monitoring Amendment Bill. I may be doing those against property, it is essential that governments so at some length; I am not quite sure at this point. I do all they can to ensure that offenders not only serve will find out in the fullness of time, I am sure. Before their time but that there is ongoing protection for the we go on to question time I just want to make some community against the risk of these offenders preliminary comments and indicate that we in the reoffending. government are very appreciative of the fact that other parties have assisted us in expediting the debate on and Other speakers have outlined what has taken place, but passage of this legislation. Members appreciate the a Court of Appeal decision has interpreted the timely nature of it. Parliament’s legislation in a particular way that makes it more difficult for the ongoing monitoring of serious On a number of occasions we have had cause to debate sex offenders. Therefore it has been necessary in this legislation in this Parliament relating to sex offender legislation to clarify some of the intent. In particular, in crime, and certainly I and others have noted that this is order to eliminate the risk of serious sex offenders one of the most abhorrent types of crime that exists. We continuing to commit offences without there being have commented on the insidious and risky behaviour some ongoing monitoring, the bill provides that an engaged in by paedophiles in particular and the fact that offender is likely to commit a relevant offence if there they systematically prey on children and young people is a risk of the offender committing a relevant offence and that they have a recidivism rate much higher than and that that risk is both real and ongoing and cannot those of other types of offenders. sensibly be ignored, having regard to the nature and gravity of the offending. To remove doubt in relation to In response to those kinds of risks to the community this matter, the bill clarifies that sections 11 and 23 and to the statistics about recidivist behaviour and so permit a determination that an offender is likely to forth the government has sought over the last few years commit a relevant offence on the basis of a lower to put in place a range of measures to protect our threshold than a threshold of more likely than not, community and in particular our young people. One of which is what was used in the Court of Appeal process. those measures has been the serious sex offender monitoring regime that has been put in place to ensure The purpose of the act as it is explained is to enhance that there is ongoing post-sentence supervision of those the protection of the community by requiring sex who commit serious sex offences against both adult and offenders who are a serious danger to the community to child victims. What this bill before us is seeking to do is be subject to that ongoing supervision. The whole put in place further protection for the community — to intention of the legislation is lost if the threshold test for provide clarification and strengthening of that regime to a court determining whether ongoing monitoring is ensure the ongoing protection of our community. required goes too high. Of course care has to be taken in these matters and they need to be subject to a As previous government speakers have already reasonable and appropriate amount of assessment, but if indicated to the house, the main purpose of the Serious the threshold for determination of the risk of someone Sex Offenders Monitoring Act is to enhance the reoffending is set too high, in my judgement the risk to protection of the community by requiring that sex the community becomes too high. As I said at the offenders who pose a serious danger to the community outset, it is an unfortunate reality that some of the be subject to ongoing supervision when they are ABSENCE OF MINISTER

Thursday, 5 February 2009 COUNCIL 163 released back into the community. In order to do this development within the car industry, which includes in the scheme empowers the court to impose an extended this context the green industry. Never any conversation supervision order on an eligible offender for a period of that I have participated in at cabinet level involved up to 15 years. There is also scope under the scheme for Mr Thornley. interim extended supervision orders to be made. There is a very strictly set out criterion test that the court has Supplementary question to be satisfied of before it makes these orders. That obviously reflects the fact that this is an onerous set of Mr D. DAVIS (Southern Metropolitan) — The fact obligations that are imposed on individuals in the is that government secrets and inside information community who have done their time and been released appear to have been used by Mr Thornley for personal back into the community — — advantage. Will the minister give an undertaking to the house that he has never discussed Better Place or the Business interrupted pursuant to sessional orders. government’s arrangements with Better Place with Mr Thornley?

ABSENCE OF MINISTER Mr JENNINGS (Minister for Innovation) — I can fulsomely and wholeheartedly declare to this chamber Mr JENNINGS (Minister for Environment and that I have not had a conversation with Mr Thornley Climate Change) — President, I inform the house as a about Better Place. matter of courtesy that the Treasurer, the Leader of the Government, is currently attending a Council of Manufacturing: future Australian Governments meeting in Canberra with the Premier and will be unavailable for question time Ms HUPPERT (Southern Metropolitan) — My today. If members want to raise questions with him, I question is to the Minister for Industry and Trade, will do my best to answer them or take them on notice. Martin Pakula. Will the minister outline how the Brumby Labor government is working with the commonwealth government to help protect QUESTIONS WITHOUT NOTICE manufacturing jobs, and is he aware of any threats to these plans? Former Parliamentary Secretary for Innovation: conduct Hon. M. P. PAKULA (Minister for Industry and Trade) — I thank Ms Huppert for her excellent first Mr D. DAVIS (Southern Metropolitan) — My question as a member of this Parliament. The question is for the Minister for Innovation. I refer to the manufacturing industry is central to the creation of a high-paying job taken up by former parliamentary sound economy and central to the creation of jobs for secretary, Evan Thornley, with the company Better Victorians, and this government has been taking action Place and to his negotiations with that firm while to help industries — — holding office as Parliamentary Secretary to the Premier and the minister’s Parliamentary Secretary for Mr Guy interjected. Innovation. Will the minister confirm that Mr Thornley Hon. M. P. PAKULA — I am glad you like it, was present when cabinet discussed the state Mr Guy, it reminds me of one of yours! The Brumby government’s policy on green cars? Labor government is taking action to help the industry, Mr JENNINGS (Minister for Innovation) — That which is critical to Victoria’s future prosperity, to is an interesting question, because I think a number of survive and thrive. This industry employs more than assertions were given as fact — a number of 315 000 Victorians and contributes more than propositions in terms of cabinet process which I should $30 billion to the Victorian economy. As was outlined be reluctant to comment on because cabinet processes by the Treasurer yesterday, the economy, and by are not normally subjected to disclosure within any extension the manufacturing industry, is facing some Parliament, in this jurisdiction, around the nation or unprecedented challenges at the moment. around the world. There is the challenge of the global financial crisis and To dispel what could be the intrigue around this matter, related uncertainty that that is creating; there are the I indicate to the chamber, as a matter of generosity of significantly lower growth rates in the tiger economies spirit if nothing else, that there has never been a cabinet of India and China that we have been relying on; global process which I have participated in which has share markets have basically halved over the last discussed issues of approaches to sustainable 12 months; and investor confidence is down in the US. QUESTIONS WITHOUT NOTICE

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Last week we saw 70 000 jobs disappear in one night, That is not all the Victorian Brumby Labor government and there has been a reduction in consumer spending. is doing. We are also working with our colleagues in the federal government. On Tuesday the Rudd Labor By supporting and strengthening Victorian industries government released its $42 billion nation-building and that make the products, that deliver the services, that job plan to support 90 000 Australian jobs. Part of that create the jobs and exports for our future growth and plan is a $2.7 billion business tax break for all prosperity, the government is ensuring the security and Australian businesses — a tax break to help Australian sustainability of jobs in the manufacturing industry. businesses boost business investment, bolster economic Late last year we delivered the $245 million activity and support Australian jobs. We support not manufacturing statement Building Our Industries for just the $2.7 billion business tax break but the whole the Future. $42 billion plan.

Mrs Peulich interjected. Honourable members interjecting.

Hon. M. P. PAKULA — That strategy, Hon. M. P. PAKULA — In order to support Mrs Peulich, helps deliver the strategic leadership, investment, in order to support the economy, Victorian policies, programs and investment to help Victorian consumers are ready to spend, industry is ready to industry and manufacturing grow stronger. spend and construction companies are ready to help provide the resources and skills to upgrade Victorian Mrs Peulich interjected. schools and upgrade public housing. Farmers and Hon. M. P. PAKULA — Mrs Peulich asked a producers are ready at the farm gate. Car manufacturers question. This comes from a party that still does not are ready. Component makers are ready. The Premier have any policy whatsoever in this place. I have looked of Western Australia, Colin Barnett, is ready. And as for it, and I would have had more luck looking for the Premier Brumby has indicated, Victoria is ready to go. Loch Ness monster in my bathtub than looking for a We have projects online, ready to go, when this money Liberal policy on industry. becomes available, but the biggest threat to all of that — the biggest threat to economic growth, the The strategy includes the $122.7 million manufacturing biggest threat to protecting Victorian jobs and action plan, which includes the $50 million industry Australian jobs — is those opposite. transition fund, the $97.2 million services action plan that positions the services sector to develop new global Mr P. Davis — On a point of order, President, I opportunities and the global markets action plan of discreetly suggest that you remind the new minister that almost $25 million to help Victorian firms develop attacking the opposition is not in the ambit of a minister export markets and integrate into global supply chains. responding to a question. There is also the strengthened Victorian industry The PRESIDENT — Order! Mr Philip Davis is participation policy, with better opportunities for local correct in saying that it is not appropriate for ministers jobs and better opportunities for local small and answering questions to overtly attack the opposition or medium employers. By supporting the firms that have the individual who asked the question. I remind the the potential to be the engines for growth, the minister of the standards we have in the house. $50 million industry transition fund will turn the challenges of increasingly competitive global markets Hon. M. P. PAKULA — I thank the President for and climate change into new opportunities for Victoria. his ruling. I will simply make this point — and I will try to do it without attacking the precious dears The manufacturing statement simply built on the opposite: it is time for the opposition to get behind previous work of the Brumby Labor government over Victorian industry, it is time for the opposition to get 2008, with $316 million invested in the skills program behind Victorian business, it is time for the opposition to train 170 000 more young people and provide new to get behind this stimulus package, and it is time for training places, to upgrade TAFE facilities and deliver Mr Davis and Mr Baillieu to pick up the phone to the more flexibility for individuals and employers; the federal Leader of the Opposition, Malcolm Turnbull, $300 million innovation fund brought down by the and tell him to get behind the stimulus package. innovation minister, Victoria’s future statement; the nearly $1.5 billion in tax cuts in the last state budget; the $3.2 billion capital works program; and the decision to cut the regulatory burden by a quarter by 2011. QUESTIONS WITHOUT NOTICE

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Information and communications technology: audited for some seven years by a major global Satyam Computer Services accounting firm. They are the steps the government undertook. Mr RICH-PHILLIPS (South Eastern Metropolitan) — My question is to the Minister for The matter Mr Rich-Phillips refers to with regard to the Industry and Trade. When did the government first World Bank is a completely different issue. That was a become aware of the growing concerns about Satyam matter relating to, as I understand it, some spyware. It Computer Services, and why did the government not was not a matter relating to the company’s finances or pay attention to the concerns expressed by the World the actions of Mr Raju. Bank in February 2008? Supplementary question Hon. M. P. PAKULA (Minister for Industry and Trade) — I thank Mr Rich-Phillips for this question. Mr RICH-PHILLIPS (South Eastern The situation with regard to Satyam is a very Metropolitan) — I ask the minister: what investment unfortunate one. It was greeted with disappointment not incentives has the government provided to Satyam or just by the Victorian government; it was greeted with its associates since 2003? shock and disappointment by governments around the Hon. M. P. PAKULA (Minister for Industry and globe that utilised Satyam’s services and by the major Trade) — As is well established, the government does corporations in Australia and around the world that also not divulge the specific details of incentives provided to used its services. The concern is obviously a real one. I companies to invest. Needless to say, there have been hope it was greeted with concern by the opposition as discussions both with Satyam and with Deakin well — not with glee, as appears to always be the case University. In relation to any incentives, the vast bulk when there is any kind of difficult news. When there is of those incentives are paid upon delivery. There has news about difficulty for jobs either in this state or been a modest investment made at Deakin nationally, members of the opposition appear to be University — under $1 million — for some road happy — almost delirious with joy. infrastructure projects. Beyond that, the government, in Honourable members interjecting. order to protect the state’s commercial interests, does not divulge specific incentives made or specific Hon. M. P. PAKULA — To answer the member’s incentives offered to any corporation. question, I remember the date well. It was 7 January — — Aviation industry: government assistance The PRESIDENT — Order! I am sorry to interrupt Mr Pakula’s flow, but I am not comfortable with the Mr TEE (Eastern Metropolitan) — My question is comment of Mr David Davis, ‘You did a deal with to the Minister for Industry and Trade. Can the minister those crooks’. I would ask him to withdraw that. advise the house how the Brumby Labor government is working with the aviation industry to boost traveller Mr D. Davis — I withdraw. numbers, and in particular can he highlight any recent events that have had an impact on the Victorian tourism Hon. M. P. PAKULA — As I was saying, on industry? 7 January, which was my 40th birthday, it became known that Mr Ramalinga Raju, the chairman of Mrs Peulich interjected. Satyam, had resigned as a result of some apparent or alleged fraud on his behalf. On 11 January the Hon. M. P. PAKULA (Minister for Industry and government of India appointed a new board to manage Trade) — I thank Mr Tee for his question, and I would the company. The company initiated an immediate respond to Mrs Peulich’s interjection if I understood it. action plan to try to rescue the company and to The Brumby Labor government again continues to take ascertain its liquidity. As I understand it, the board is action to ensure that the economy remains sound assessing options to ensure business continuity up to despite the impact of the current global financial this day. It has appointed Boston Consulting Group as a conditions. As I indicated recently, last year we business adviser. It has appointed Goldman Sachs and released the Victorian industry manufacturing Avendus Capital to help identify strategic investments. statement, Building Our Industries for the Future, and The Victorian government undertook absolute due one of the things outlined in that statement, as indeed diligence on Satyam. We relied, as did governments was outlined by Mr David Davis this morning — a little around the world and as did corporations around the bit behind time, but he got there — is the significance world and in Australia, on Satyam’s audited books — of investing in direct international air services between QUESTIONS WITHOUT NOTICE

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Melbourne and key markets, because effective air There were 6.4 million travellers through Melbourne connections are not just the key to our tourism industry, Airport during the December quarter — up 234 000 on they are the key to business investment as well. the same time last year. Despite the global financial Businesses need to know that they can get their people crisis and despite all the difficulties inherent in that, in and out of Melbourne without necessarily having to there were 234 000 more passengers in the December go through other hubs. quarter than at the same time last year. That is a matter that does not bring excitement only to the government. This government is committed to providing further We have seen the comments of Chris Woodruff, the opportunities for further investment in this vital chief executive officer of Melbourne Airport. He industry, and we are, I think rightfully, proud of the pointed to strong tourism and business travel, and he achievements in this so far. We continue to attract particularly remarked upon our major events calendar, a airlines to Melbourne, and we are continuing to work strong convention market enhanced by the opening of with several other airlines to connect Victoria to new the convention centre and our position as a global markets. university city as being key reasons for the increasing passenger numbers through the airport. Mr Guy interjected. Honourable members interjecting. Hon. M. P. PAKULA — Despite Mr Guy’s interjection, it is a fact that Melbourne is now the The PRESIDENT — Order! I ask Mr Leane and Australian base for Tiger Airways and Jetstar. We have Mr Guy not to engage in cross-chamber conversations. created new job opportunities in the areas of service They know the deal. They know the rules. delivery and maintenance. We are positioning Melbourne as the Asia-Pacific maintenance hub, and Hon. M. P. PAKULA — Mr Woodruff’s comments we are going to be creating more highly skilled job reflect the complementary nature of aviation and the opportunities in the Victorian aviation sector. tourism industry. He clearly gets it.

On top of that, carriers like Emirates, AirAsia X and Mr Finn interjected. Etihad Airways are consistently increasing their direct flights to Melbourne. We have a proven commitment to Questions interrupted. attracting investment and air services to Melbourne, but all we get constantly from the opposition — and it is proven again today — are more cheap shots, sneering at SUSPENSION OF MEMBER every announcement and sneering at every success. It Mr Finn did it consistently with the previous minister — talking down the aviation industry, talking down the airline The PRESIDENT — Order! I do not know whether industry and talking down Victoria’s success in Mr Finn’s ears are painted on, but not more than attracting flights. 10 seconds ago I made the comment that cross-chamber conversations are not appropriate. I am going to use Today Mr David Davis appeared to get to the place standing order 13.02 to suspend Mr Finn for 30 minutes where the Victorian government has been for the last for disrupting the business of the chamber. decade or more. He now comes in here and says, ‘We need more direct services’. For the 11 years that the Mr Finn withdrew from chamber. Howard government was in place, what did the opposition do in terms of dealing with their federal colleagues? It had the federal Treasurer based right here QUESTIONS WITHOUT NOTICE in Melbourne, and absolutely nothing happened. Aviation industry: government assistance In the last quarter of 2008, we experienced a record number of passengers travelling through Melbourne. Questions resumed.

Mr Guy interjected. Hon. M. P. PAKULA (Minister for Industry and Trade) — As I was saying, Mr Woodruff understands Hon. M. P. PAKULA — We had a record number what the government understands: that a strong aviation of passengers travelling through Melbourne in the last industry complements a strong tourism industry — a quarter of 2008, and if Mr Guy does not think that is $15 billion industry that provides jobs for over state business, I do not know what is. 180 000 Victorians. It is an industry that — — QUESTIONS WITHOUT NOTICE

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Mrs Peulich — On a point of order, President, while would expect me to be able to provide the chamber you have been observing the minister’s response, the with that sort of information is frankly beyond me. minister adjacent to him was also engaging in cross-chamber conversation, which you have failed to Supplementary question observe. I would like to draw that to your attention, because the rules of the chamber clearly need to be Mr DALLA-RIVA (Eastern Metropolitan) — I upheld. would like to see an undertaking by the minister to provide that information for transparency and The PRESIDENT — Order! I get Mrs Peulich’s accountability, so I ask the minister: can he also drift. As Mrs Peulich rightly points out, I failed to confirm that no Victorian public servant or ministerial observe; therefore, I am not prepared to rule. staff member has received either travel assistance or a subsidy from Satyam Computer Services or any other Hon. M. P. PAKULA — As I said, Mr Woodruff body associated with that company since 2003? understands that this a $15 billion industry that supports over 180 000 jobs. The success of the aviation industry Hon. M. P. PAKULA (Minister for Industry and is vital to the success of the tourism industry. The Trade) — The issue with regard to Satyam was government’s success in attracting aviation services to handled, as I understand it, by the previous minister in the state is complemented by our major events calendar his capacity as Minister for Information and and our convention centre, and all of that is great for Communication Technology. As the Deputy Leader of tourism and jobs. the Government indicated, the minister is not in the chamber today. I will refer the matter to him for his But there is one other point to be made in this space, consideration. and that is that the package announced by the Rudd Labor government on Tuesday would give tourism Mr D. Davis — On a point of order, President, operators, which are predominantly small and medium Mr Pakula is the Minister for Industry and Trade, and enterprises, the ability to claim an additional 30 per cent he is responsible for the provision of incentives and tax reduction for eligible assets amounting to $1000 or other facilitation, and that portfolio had responsibility in more. this, so the Minister for Industry and Trade has responsibility for this area. Mr D. Davis interjected. The PRESIDENT — Order! The fact is that the Hon. M. P. PAKULA — Obviously Mr David minister has answered the question. As we know, he Davis does not understand that federal announcements has the option of either answering or not. If he does, so impact on Victorian businesses. The aviation industry is long as his answer is relevant to the subject matter, then ready to fly people to Victoria, and tourism operators there is no room for anyone to move in terms of are ready to support them. Once again we call on those questioning the validity or otherwise of that answer. I opposite to get on the phone to Malcolm Turnbull and assume the minister has finished. tell him to get out of the way of this package that is going to support Victorian business. Climate change: government initiatives Information and communications technology: Ms PULFORD (Western Victoria) — My question Satyam Computer Services is to the Minister for Environment and Climate Change, Gavin Jennings. Can the minister update the house on Mr DALLA-RIVA (Eastern Metropolitan) — My how the Brumby Labor government is taking action to question without notice is to the Minister for Industry ensure that Victoria builds on its reputation as a leader and Trade. I ask the minister: how many meetings have in the area of climate change? ministers, staff of ministers’ offices and senior Victorian public servants held with the discredited Honourable members interjecting. founder and head of Satyam Computer Services Ltd, Mr JENNINGS (Minister for Environment and Ramalinga Raju, and his senior managers since 2003 in Climate Change) — I thank members for their India and in Australia, and will he provide the house interjections in relation to how many legs I have to with a full record of those meetings? stand on. Regardless of how many legs I can Hon. M. P. PAKULA (Minister for Industry and confidently stand on at the moment, I can certainly Trade) — As the honourable member well knows, I stand confidently on the track record of the Brumby have been the Minister for Industry and Trade for government in providing leadership in climate change 39 days — not back to 2003. How Mr Dalla-Riva and trying to make sure that we lead in the policy QUESTIONS WITHOUT NOTICE

168 COUNCIL Thursday, 5 February 2009 development that has led ultimately to the development The Brumby government understands how important of the carbon pollution reduction scheme. We did that this package is to the people of Victoria. We see by commissioning the work of Ross Garnaut and significant benefits to their wellbeing and their ability to others, by showing leadership in a variety of energy deal with climate change pressures and with the efficiency programs that are designed to support our pressures on their family budgets. The stimulus households being more energy efficient and by trying to package as proposed by the Rudd government is highly drive the transformation of the Victorian economy and desirable for Victorian citizens not only for this reason Victorian businesses to make sure that they are more but for any number of other reasons. efficiently resourced so they can reduce their carbon footprint. That is something I appreciate today; if you We must lament at the moment that there has been can reduce your footprint, good and well. opposition within the federal Parliament to the package. As my colleague Minister Pakula has already opened The good news for Victoria is that we continue to roll up to the opposition today, I join him in encouraging out those programs, which are extremely popular in the opposition members and other parties in this place to state. As I indicated to the house yesterday when see what influence they can bring to bear with their commenting on the green economy and jobs action federal brothers and sisters. statement that will be prepared by the government this year as part of its commitment to the statement of We are optimistic that David Davis, who actually government intentions, the Victorian government believes in climate change, will get on the phone, and welcomes the interest of the commonwealth we hope Malcolm Turnbull will take his call. We are government in this area. talking him up because there may be a chance of him getting through and sharing the message. The important element of the $42 billion stimulus package that has gone through the House of Mrs Peulich — On a point of order, President, it is a Representatives in the federal Parliament — and we well-established rule that question time and ministers’ hope it will proceed through the Senate shortly — is answers to questions should not be used as an that significant investment will come in the field of opportunity to criticise the opposition or debate the improving the efficiency of Australian households. question. I ask that the President enforce those Indeed $4 billion of that $42 billion package has been practices. designed to achieve just that. The PRESIDENT — Order! On the point of order The major element in the proposal is the provision of raised by Mrs Peulich, I disagree that there is overt free ceiling installation to 2.2 million households. criticism of opposition members here or anywhere else, for that matter. Reference to them, of course, is there. Ms Pulford interjected. The issue of debating is at the margins, and I am sure the minister is aware that he cannot debate his answer. Mr JENNINGS — This might be something I feel On that basis Mrs Peulich is right. As I say, at the duty bound to comment on before I sit. The issue is that margins the minister was getting to the point of 2.2 million households across Australia will be debating, so I ask him to pull back. supported with free ceiling insulation. The rebates will be made available to people who rent their households, Mr Atkinson interjected. so 500 000 houses will be involved. Landlords will be supported to enable them to increase the thermal Mr JENNINGS — The interjection was that efficiency of their properties. Mr Atkinson was worried I was damning with feint praise. I think that might be his concern. We do not The commonwealth has seen the merits of increasing need to worry about that, because the Victorian the rebate for solar hot water systems. This is government’s interest is in the people of Victoria’s something the Brumby government understands; in last interest. If any influence can be brought to bear by year’s budget it committed $33 million to support the members of the opposition or other parties here, then rollout of solar hot water systems across regional Victorians will better off. That is the point I was Victoria, which has been a popular program. About making. I find it a bit hard to say that, beyond trying to 4700 households throughout regional Victoria have unite this chamber, I was trying to do anything apart taken up the opportunity of seeing how desirable that is, from pointing out some of the frailties in the federal and we anticipate that with the federal rebate now it jurisdiction of climate change deniers and those who would be even more attractive and more Victorian want to stop the benefits accruing to the people of citizens will take it up. Victoria. QUESTIONS WITHOUT NOTICE

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I think the Greens will encourage their leader, federal The PRESIDENT — Order! Mrs Peulich is correct. Senator Brown, to support this package. He has already The minister is unable to overtly criticise members of shown some interest in Victoria recently by trying to the opposition or debate his answer. save a crayfish around Brown Mountain. We thank him for that. If he can get mobilised in the interests of Hon. M. P. PAKULA — This government has Victorian households and support them in being more added 2000 megawatts of power, and there is 3000 climate change prepared, then good on him. It might be more in the pipeline. We are constantly in discussions good if The Nationals increased their influence over with industry groups, whether they might be the their thought leader, federal Senator Barnaby Joyce, Australian Industry Group, the Victorian Farmers who has acknowledged he is a bit of a sceptic in this Federation, the Victorian Employers Chamber of field. In fact he wears that as a badge of honour. But I Commerce and Industry and others about the economic know Mr Drum has no scepticism or cynicism in him. I situation more generally. I have done that as industry know he is beyond that, and I know he will go straight minister every week that I have been in the job. I have to the heart of the matter of protecting Victorian discussed with them a range of issues relevant to the households by having an influence over his federal economic performance of Victorian businesses, not just brothers and sisters. If that can be done, then all of the power industry. Victoria will be better off through the stimulatory package being approved by the federal Parliament. We have talked to them about the channel deepening project that the opposition has dragged its feet on. We Victoria will benefit and Victorian households will be have talked to them about the north–south pipeline to benefit by being more climate change ready and more provide water certainty to Victorian businesses and energy efficient. That is what we are going to consumers. We have talked to them about the food encourage through the Brumby government’s efforts in bowl modernisation project. We have talked to them supporting our households being more efficient in the about the goldfields super-pipe, which the opposition future. opposed before it supported. We have talked to them about the desalination plant. We have talked to them Electricity: Katunga supply about the Regional Infrastructure Development Fund. All of these things provide certainty not just to the dairy Ms LOVELL (Northern Victoria) — I direct my industry but to Victorian business and the Victorian question without notice to the Minister for Industry and agricultural sector more generally. Trade. Last Friday at 4.50 p.m. the dairy region of Katunga was without power due to a direction from the As the Premier indicated in the other place a couple of state government to Powercor to switch off parts of the days ago, he is having discussions with industry about grid when demand exceeded supply across the state. what to do in circumstances where there is a repeat of The blackout could not have come at a worse time of the failure of the power grid. He has already indicated day for the dairy industry: milking time — a time when that more information needs to be provided to business power is needed to run dairies, pump water to cool and the community in a more timely way. They are the livestock and keep refrigeration going. What steps has actions being taken by this government. the minister taken to ensure that a process is put in place to take into account the essential needs of the Supplementary question dairy industry during milking time? Ms LOVELL (Northern Victoria) — I noted when Hon. M. P. PAKULA (Minister for Industry and the minister listed the industries he would meet with Trade) — I thank the honourable member for her that he did not mention the United Dairyfarmers of question about the dairy industry and the power Victoria (UDV). As the industry minister, has he met blackouts. I think the opposition’s concerns about the with representatives of the dairy industry, and if not, dairy industry and the energy sector would be more will he meet with them to discuss a solution that will valid if in the seven years of the Kennett government it ensure that selected power outages during milking time had added a single watt of extra power to the grid. are never again allowed to impact on Victoria’s critical dairy industry, an industry that produces around 30 per Mrs Peulich — On a point of order, President, in cent of the nation’s milk — — reference to the previous point of order on which you ruled wisely, could I just say that the answer the The PRESIDENT — Order! The member is not minister is beginning to give overtly attempts to permitted to debate the question. The member has a criticise the opposition. I ask you to discourage him supplementary question, but she was going off into the from doing so. QUESTIONS WITHOUT NOTICE

170 COUNCIL Thursday, 5 February 2009 great blue ether. She is restricted to her supplementary progress made towards implementing this important question. initiative.

Ms LOVELL — Has the Minister for Industry and Hon. J. M. MADDEN (Minister for Planning) — I Trade met with representatives of the dairy industry, welcome Mr Theophanous’s interest in this matter and and if not, will he meet with them to discuss a solution his question. I know it is very much of interest to the that will ensure that selected power outages during respective communities of members of this chamber. I milking time are never again allowed to impact on thank him. Before I go into detail with my answer I Victoria’s critical dairy industry? want to express my disappointment at those in the community — many of whom are represented on the Hon. M. P. PAKULA (Minister for Industry and other side of the chamber — who have been alarmed by Trade) — As Ms Lovell well knows, I have a long the discussion around these new residential zones. The connection with the dairy industry. I dealt with the discussions have all been part of Making Local Policy dairy industry for 10 years. Mr Vogels knows — he has Stronger, an initiative of this government in conjunction been up there with me at the UDV offices on Collins with local government, and in particular the Eastern Street when I have met with Airlie Worrall and other Region Mayors Group. members of the United Dairyfarmers of Victoria board. Ms Lovell may not know that at the UDV conference That group called for more certainty around dinner last year there were only two members of this strengthening a local policy, and we committed to that. Parliament there — Mr Weller from The Nationals and We committed to what its members were seeking by me. There was no-one from the Liberal Party. releasing a discussion paper on residential zones last Mr Weller and I were the only two. year. But much to the mayors’ disappointment, much to my disappointment and much, no doubt, to the Honourable members interjecting. disappointment of people in the planning profession, some members of this chamber decided to make it a Hon. M. P. PAKULA — To further answer political issue, and rather than guaranteeing or seeking Ms Lovell’s question, over time I have had numerous to guarantee to strengthen the impact and the input of discussions with people such as Ian Bird and Stephen local government, they wanted to see that diminished. O’Rourke. Ms Lovell might not know who they are. I do because they are the leading executives at the As well as that, what these mayors sought and what we Murray Goulburn Co-operative Co. Ltd. I have spoken seek is more certainty. I know my colleague Mr Pakula to them since I have been the minister. has talked about certainty today, but while we are trying to deliver certainty, others in this chamber would seek Ms Lovell interjected. to undermine that certainty. When we talk of certainty, Hon. M. P. PAKULA — Now we are going to in particular we talk about certainty when it comes to name individuals. I have spoken and met with members housing and certainty when it comes to jobs. What and leaders of the dairy industry. As Ms Lovell well could be more necessary at this point in time when we knows, I am also available to meet with the UDV, with have enormous population growth in this state than Doug Chant, Airlie Worrall, representatives from providing more housing? Fonterra and Nestlé, Tatura Milk and any of the major Mr Drum — More jobs! suppliers in the industry at any time. Hon. J. M. MADDEN — And through it, more Planning: residential zones jobs — thank you very much, Mr Drum — because what is one of the biggest employment sectors in this Hon. T. C. THEOPHANOUS (Northern state? The delivery of housing. On both fronts we need Metropolitan) — It is with great pleasure that I ask a to support the delivery of housing, but in order to question of Minister Madden. provide for that growth, in order to provide for and Mr Barber interjected. accommodate future housing needs and in order to provide more certainty about where people can live — Hon. T. C. THEOPHANOUS — I never thought I and being inclusive rather than exclusive, like the would be in this position, but I am very pleased to be opposition — we have to provide certainty for local asking this question of him. My question relates to the government in particular by designating where growth minister’s announcement of a review of residential can occur and where maybe it should not occur when it zones in Victoria. I ask him to advise the house of the comes to housing. QUESTIONS WITHOUT NOTICE

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It is about enabling and providing more diversity when Port Phillip Bay: channel deepening it comes to housing. We can do this through new residential zones, and that is part of this review. Unlike Ms PENNICUIK (Southern Metropolitan) — My others in this chamber, this government is committed to question is to the Minister for Environment and Climate ensuring that the new zones are developed through Change, Mr Jennings. Is the proposed introduction of a consultation with key stakeholders. third dredger, the Prins der Nederlanden, in the channel deepening project in breach of his approval of the Last year a discussion paper was released that project and the Port of Melbourne Corporation’s generated more than 400 submissions from councils, environmental management plan? What studies have community groups, residents and the housing been done to ascertain the impacts with regard to development industry. But today I am pleased to turbidity and other effects of more intensive dredging announce the release of the draft residential zones for with a third dredger? further public comment — additional consultation to make sure we get these right, because it is important Mr JENNINGS (Minister for Environment and that we get them right. These proposed new residential Climate Change) — The member’s assumption that the zones will provide councils with better tools to circumstance that would lead to a third dredger being implement state and local planning policy. They will operated within the channel deepening project is a provide councils and local communities with more changed circumstance is correct; it is a change. She is locally responsive controls that better provide for local not correct that it is outside the scope of my approval, housing needs. because in fact I have amended my approval in accordance with my understanding of the environment Mr Drum interjected. management plan and my responsibilities under that proposal, and the administrative arrangements have Hon. J. M. MADDEN — When I say that, let me been put in place to enable that to occur. explain what that means, Mr Drum. Predominantly in this community when people grow up in a particular Supplementary question area — and research will show this — those people do not want to move too far from the area that they know. Ms PENNICUIK (Southern Metropolitan) — The But one of the most difficult things for either aged second half of my question was: what studies have been people or young people trying to find alternative done with regard to the impacts of a third dredger in accommodation in their local area — when they move terms of increased turbidity, and have they been peer out of home or look for their first dwelling or reviewed? potentially their last dwelling because they are in the latter stages of their life — is that there is not the choice Mr JENNINGS (Minister for Environment and or diversity of housing in that local area. Climate Change) — Whilst the member may have believed that my answer was incomplete, it was not, in Why not? Because there are those in this chamber who the sense that I can confidently assert that the would seek to exclude people from their respective conditions of the environment management plan do communities. What is particularly important with these account for what would be the anticipated turbidity that residential zones is that we provide for a diversity of would be occurring and how it would be monitored. In housing types and for more development where it is fact that had already been taken into account in needed and where local communities want it, because accordance with the extensive EES (environment that provides more housing opportunities for more effects statement) processes that have been undertaken people in more locations across the state. and the establishment of the environment management plan. We are determined to provide certainty when it comes to housing and determined to provide more jobs. We Economy: Victorian plan will do that and get it right through the draft residential zones, unlike others in this chamber — and we know Mr LEANE (Eastern Metropolitan) — I am glad I who they are — who would prefer to scare or alarm the am still here to ask my question of the Minister for community. We will get on with the job of doing that Industry and Trade, Martin Pakula. Can the minister and providing for prosperity in the future, even in the outline to the house how the Brumby Labor face of the economic climate worldwide, because government is supporting Victorian families through unlike others in this chamber we are committed to support for industry and business in Victoria? making Victoria the best place to live, work and raise a Hon. M. P. PAKULA (Minister for Industry and family. Trade) — I thank — — SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

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Mrs Peulich interjected. activity to the state. Through that statement, through a range of other initiatives and through the solid economy Hon. M. P. PAKULA — I have not even started, the Brumby government has created in this state, we are and Mrs Peulich is off already, President! supporting Victorian families by protecting their jobs.

The PRESIDENT — You get used to it. There is another string to that bow, which is the work we do in conjunction with our federal colleagues. We Hon. M. P. PAKULA — Thank you for your saw the fruits of that labour yesterday when the Rudd guidance on that, President. I thank Mr Leane for his government announced a $42 billion economic question. The Brumby Labor government is supporting recovery package. Its implementation can only be the Victorian economy and supporting working delayed by the Senate; it can only be delayed if certain families by delivering a long-term economic plan for people vote to deliberately increase unemployment, the state. It is a plan that delivers strong investment and because that is what a vote against that package would strong job growth in Victoria, and the best thing any be. government can do to support working families is to support jobs. I know I have reeled off a lot of numbers, but I would like to reel off one more number, and it is one I think The way we have done that has been to make our the opposition should write down if it wants to support economy the most productive and the most competitive Victorian jobs and Victorian working families. The in the country. It is widely recognised by financial and number is (02) 6277 4022 — that is Malcolm economic commentators around the country that this is Turnbull’s number. Get on the phone, give him a ring the most productive and competitive economy of the and tell him to get out of the way of repairing the states and has been for the last nine years. Australian economy!

We have had over $5.7 billion in business tax cuts, as I Sitting suspended 12.54 p.m. until 2.03 p.m. said earlier, with almost $1.5 billion of them in the last budget. We have been reducing our debt as a proportion of the economy, boosting services and quadrupling our SERIOUS SEX OFFENDERS MONITORING infrastructure spend, and that has led to three things: AMENDMENT BILL jobs, jobs and jobs! Second reading Mr O’Donohue — Where did you get that line? Debate resumed. Hon. M. P. PAKULA — Mr O’Donohue asks where I got that from. It might be a well-worn phrase, Ms MIKAKOS (Northern Metropolitan) — Before but it is no less relevant today than it has ever been. If question time I was outlining the reasons why I strongly you want to support working families, you have got to support the Serious Sex Offenders Monitoring have your eye on jobs, jobs and jobs at all times. The Amendment Bill. I was discussing how the bill and the actions we have taken have laid a sound and sustainable whole serious sex offenders monitoring scheme err on economic footing for this state. More than 450 000 jobs the side of caution in terms of protecting the have been created in Victoria since 1999, with more community — to the detriment of people who have than 40 000 of them in the last financial year. As well served a period of incarceration because they have been as being pro-working families, this government has convicted of serious sex offences. The reason this created a climate that is pro-business and scheme was set up in the first place several years pro-investment, and that has seen this state develop into ago — I think it was in 2005 — was because of the the no. 1 location for new investment in Australia. very serious harm that can be caused to victims of sexual assault and the higher likelihood of reoffending As I alluded to earlier, we have built on all that by the by a sex offender, which has been established by manufacturing statement, the $245 million statement to statistics on recidivist behaviour. Statistics have been support an industry that employs 315 000 Victorians — — collated to show that particularly in the area of child sex offences there is a significant risk of reoffending Mr D. Davis interjected. behaviour. Hon. M. P. PAKULA — It is easy for Mr Davis to The reason the bill is before us is that recently the Court be flippant about it, but 315 000 Victorians are of Appeal handed down a decision in the case of RJE v. employed in that industry, 270 000 of them full time. It Secretary to the Department of Justice which is an industry that provides $30 billion of economic interpreted the serious sex offenders monitoring SERIOUS SEX OFFENDERS MONITORING AMENDMENT BILL

Thursday, 5 February 2009 COUNCIL 173 legislation in a way that the government had not single-minded objective of protecting our community originally intended. This was particularly in relation to from the harm imposed by serious sex offenders has the assessment that the County Court and the Supreme come before the Parliament. Court are required to make in deciding the degree of probability that an offender will commit a further It is important that the bill be expedited. I said right offence when assessing whether an extended from the outset that the government appreciates the supervision order should be imposed. cooperation of the other parties in expediting debate on the bill in Parliament this week. It is important that we The Court of Appeal interpreted section 11 of the have certainty in relation not only to extended monitoring act as ‘more likely than not’ to reoffend or supervision orders in the future but also to those that ‘more than 50 per cent likely’. With all due respect to have been handed down by the courts in the past. The the esteemed judges of the Court of Appeal, the bill validates existing extended supervision orders, government does not consider that this was notwithstanding what the Court of Appeal said recently. Parliament’s original intention, and the bill before us I think Victorians will welcome this bill in terms of its seeks to clarify that it is appropriate that the threshold clarifying the law, providing that certainty and for likelihood should accommodate a much lower level protecting our community. With those words, I of risk. This is because the harm that would be caused commend the bill to the house. by an offender committing a sexual offence is so serious that it is appropriate that the Parliament impose Ms PULFORD (Western Victoria) — I am pleased a lower threshold as a relevant test for the courts. It is to rise and speak in support of the Serious Sex proposed that the bill enable a court to impose an Offenders Monitoring Amendment Bill 2009. I hope it extended supervision order where there is a risk of will have a speedy passage through the Parliament relevant offending that is ‘both real and ongoing and today, as these amendments are certainly needed cannot sensibly be ignored having regard to the nature following the recent Court of Appeal decision in RJE v. and gravity of the possible offending’. I understand this Secretary to the Department of Justice, which has is the test that has also been adopted by the courts in provided a possible interpretation of circumstances New Zealand. where serious sex offenders might have a likelihood of reoffending. I do not believe this reflects the intention It is very difficult for our courts to predict with any of the Parliament in passing the original legislation, and degree of accuracy whether an offender is or is not these amendments seek to clarify that. going to reoffend by committing another sexual offence. In making these determinations the courts are The bill provides that the word ‘likely’ in the test for provided with clinical assessment reports that provide extended supervision orders under the Serious Sex information about a combination of things like actuarial Offenders Monitoring Act 2005 will depend on a risk risk and empirically guided clinical judgements made of relevant offending that is real, ongoing and cannot be by clinical experts who work with sex offenders. ignored. This is a sensitive area of the law in which However, we know sex offenders come to the courts there needs to be a balance between the rights of with a range of backgrounds and circumstances that can offenders having served a sentence for a prior offence include intellectual disabilities and so forth, and it is not and the rights of those in the community who need to always possible for such actuarial assessments to be feel safe from the threat of sexual assault. made about the percentage risk of an offender reoffending, so we need to have in place a test that is Members would be all too aware of the impact sexual workable for the courts. Having regard to the assault has on our community, particularly the very seriousness of sex offending and the desire to protect severe and lifelong impact it has on victims. This our community, we believe the test that the bill seeks to legislation deals with serious sex offenders, including introduce is workable and appropriate. those who seek to sexually assault children, and repeat offenders. The Serious Sex Offenders Monitoring Act The bill is one of a number of reforms that the deals with offenders who are assessed as having a government has introduced to protect the community. likelihood or a propensity to reoffend and thus pose a Apart from the serious sex offenders monitoring risk to society after their release. legislation we also have the sex offender registration scheme and working-with-children checks. We have It is of paramount importance that women, the group in given the Adult Parole Board the powers to require our community most likely to be victims of sexual high-risk child sex offenders to reside either within the assault, feel safe, and also that we protect Victorian perimeter wall of a prison or on prison property. During children in every possible way that we can. In the last few years a whole range of legislation with the balancing the rights of offenders who have done their MAJOR CRIME LEGISLATION AMENDMENT BILL

174 COUNCIL Thursday, 5 February 2009 time with the rights of those in our community to feel MAJOR CRIME LEGISLATION safe, we need to be very conservative and err on the AMENDMENT BILL side of caution to absolutely minimise any chance of reoffence. Our constituents would expect no less of us Second reading in this regard. Debate resumed from 4 December 2008; motion of Prior to the introduction of this bill, sections 11 and 23 Mr LENDERS (Treasurer). of the Serious Sex Offenders Monitoring Act could always be taken to have permitted a determination that Mr RICH-PHILLIPS (South Eastern an offender was ‘likely’ to commit a relevant offence Metropolitan) — The coalition parties are not opposing on the basis of a lower threshold than ‘more likely than the Major Crime Legislation Amendment Bill 2008. not’. The effect of these amendments is simply to The impetus for this bill was a report from the special override what was said in RJE v. Secretary to the investigations monitor to Parliament in June 2008 Department of Justice in respect of the requisite degree which made a number of recommendations with of likelihood being ‘more likely than not’, exercising a respect to the Major Crime (Investigative Powers) Act great degree of caution in the way in which these 2004, the Casino Control Act 1991, the Racing Act assessments are made. 1958 and the Surveillance Devices Act 1999. Primarily this bill is about adopting the recommendations from In the application of this legislation there are clinical the special investigations monitor in its report of June assessments that are made where offenders have a 2008. tendency to this type of activity and a possibility of reoffending. The tiniest risk of reoffence is too much or The first key provision of the bill is to alter the too great. It is therefore incumbent upon us to return the definition of organised crime offence to provide that an law and the interpretation of it to what was originally organised crime offence will include an indictable intended and to ensure that Victorians can feel offence punishable by level 5 imprisonment or more protected by these laws. and that has the purpose of obtaining sexual gratification where the victim is a child. The reason for It is important that the legislation receives the support the definition being extended to cover the purpose of of the Parliament at the earliest opportunity, because at obtaining sexual gratification is that many of the any given time there are applications in the system existing organised crime offences are primarily those regarding extended supervision orders for serious sex where a profit motive is involved — the pursuit of offenders who have completed their sentences. The profit, power or influence — and the current regime for timely passage of this legislation is essential. With organised crime investigation and prosecution that those few words I encourage members to support the hangs from the Major Crime (Investigative Powers) Act bill and to correctly restore the legislation to its original is therefore constrained to those types of offences. The intent, ensure that all members of Victorian society, intent in expanding the definition to include an act for particularly children and young women, are safe, and to the purpose of obtaining sexual gratification is to allow minimise any possible risk of sex offence. offences that involve paedophilia and particularly paedophile rings to be picked up within the organised Motion agreed to. crime regime and subject to the same kinds of coercive investigative powers that exist for drug and other Read second time. fraud-related organised crime activities.

Third reading The bill also adopts a number of recommendations that Hon. J. M. MADDEN (Minister for Planning) — arise from the special investigations monitor’s report, By leave, I move: including establishing new procedures for the revocation of applications against a coercive powers That the bill be now read a third time. order and the appointment of a special counsel to represent an absent party. Special counsel may be In so doing I thank all members for their contributions. appointed where it is deemed inappropriate for the applicant in the revocation application to have access to Motion agreed to. all the evidence that is relevant to that application and Read third time. where the prosecution investigators may believe it is not appropriate at the time for the applicant to have full access to the material that is being used against him in order to have the coercive powers order made in the MAJOR CRIME LEGISLATION AMENDMENT BILL

Thursday, 5 February 2009 COUNCIL 175 first place. There is the option for special counsel to be The other amendment in the bill is to the Surveillance appointed and to act on their behalf in the application. Devices Act, which provides that technical experts can provide assistance to law enforcement officers when There is some concern at the way in which this installing, using, maintaining and retrieving provision will work, how special counsel will be surveillance equipment. This provision, we believe, is appointed, who will pay for them and the capacity for basically in the legislation to clarify beyond doubt that the person bringing the application to adequately brief law enforcement agencies can engage technical experts the counsel appointed for the case when they do not in the use of surveillance equipment. Obviously it is a have access to the evidence. topical issue, given the way in which surveillance material has been leaked, which should be a matter of The bill also alters the provisions related to the great concern to this Parliament. cessation of confidentiality notices. It changes the definition of police station to include a place where a One area where the bill does not address the counter inquiry service is provided to make a recommendations of the special investigations monitor distinction between an ordinary suburban police station (SIM) is the first recommendation of that report with and other premises where investigations and respect to the independence of staff of the chief interrogations under the coercive orders acts may take examiner from staff of the chief commissioner — for place. It gives jurisdiction to the Supreme and County example, particularly where coercive powers orders are courts to determine disputes having regard to the made. The recommendation was made by the special application of legal professional privilege made to the investigations monitor that the chief examiner should chief examiner during the examination hearing. It have the capacity under the relevant public sector requires the court to allow submissions from the chief legislation to have their own staff, independent of examiner or the chief commissioner or witnesses who police staff, so that people who are determining are affected before issuing directions as to the applications for coercive powers orders are not also publication of evidence and information. It enables an involved in executing those orders. In the absence of an application for warrants for the arrest of a witness to be independent commission against corruption in this state made in the Supreme Court or County Court and it would seem that that type of separation between the extends the secrecy provisions under section 68 of the staff involved in those two functions, as recommended Major Crime (Investigative Powers) Act to cover all by the special investigations monitor, would be an police and public servants working for Victoria Police appropriate step. We are at a loss to understand why the as well as persons engaged by the chief commissioner government has chosen to ignore that recommendation, to provide services. which was the first recommendation of the special investigations monitor in the report of June 2008. The bill also makes amendments to the Casino Control Act 1991 and the Racing Act 1958 with respect to the The other area that I touch on relates to the procedures where an application is made in the inconsistency of the extension of the various coercive Supreme Court to review a decision by the chief powers orders with the government’s commitment commissioner to exclude a person from the casino or under the charter of human rights, which was racecourse. I recall this had some currency in 2008 with introduced to the Parliament the year before last. Time a decision by the chief commissioner to exclude some after time the government delivers its statements of rather high-profile individuals from both the casino and compatibility with the Charter of Human Rights and racecourses. Responsibilities, and consistently we see legislation brought into this place which offends against that The bill provides that a hearing under that provision charter, particularly in the area of law enforcement. may be made by a number of methods, including a Those matters are glossed over in the statement of closed court, a hearing without notice, or where compatibility that the Attorney-General uses when evidence is given by confidential affidavit that is not introducing legislation. disclosed to other parties. A special counsel may be appointed in that circumstance to allow evidence to be This is a matter that has been commented upon presented to the court without the subject of the numerous times by the Scrutiny of Acts and application having access to the evidence where it is not Regulations Committee. Indeed, it commented with deemed appropriate. That raises the issue of the respect to this legislation that the statement of capacity of the applicant to appropriately brief the compatibility with the charter was inadequate in regard special counsel where they do not have access to the to the coercive provisions and that they were evidence. inconsistent. It is a matter that I have to say this side of the house finds particularly amusing: that the MAJOR CRIME LEGISLATION AMENDMENT BILL

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Attorney-General, who was a great advocate of that effect once they are no longer needed or after five charter, repeatedly fails to adhere to that charter with years. Extensions can be applied for if needed. the legislation that he brings before this house. The bill clarifies that the Chief Commissioner of Police The opposition parties believe that the nature of some or the chief examiner and a witness whose interests are of these amendments is worthwhile. As I said, they affected by a direction of the chief examiner restricting arise primarily from the recommendations of the special publication or communication of evidence or other investigations monitor (SIM), most notably with the information will have the opportunity to make a omission of the SIM’s first recommendation. However, submission to a court that is considering whether or not the coalition parties will not oppose the bill. to release that restricted evidence or other information to a defendant in criminal proceedings or to that Ms PENNICUIK (Southern Metropolitan) — I am person’s legal representative. In making the decision happy to contribute to the debate on the Major Crime the court must take into account the public interest. Legislation Amendment Bill 2008. As far as we can see in looking through the bill, it basically addresses The term ‘police station’ is clarified in the bill to operational and technical issues that have been raised basically mean a police premises with a public counter by the special investigations monitor (SIM) in his report for the purposes of clarifying where coercive on the operation of the Major Crime (Investigative questioning can and cannot occur. Under the bill it Powers) Act, which was tabled in Parliament in June would not occur at what is now deemed to be a police last year. station — that is, a police premises with a public counter. The SIM made a range of recommendations, and the bill appears to implement most of those. Importantly, it The Magistrates Court will no longer determine any extends the definition of organised crime to dispute regarding legal professional privilege that arises encapsulate, include or capture organised paedophilia during an examination hearing. This jurisdiction will be rings, which, as people would be aware, are organised conferred upon the Supreme Court and the County to quite a high degree and require the types of Court only, in line with the recommendations of the investigative powers that exist under that act for the special investigations monitor. police to work and be able to deal with those types of crimes. They are not ad hoc crimes. Paedophilia rings The bill makes a technical amendment to the are in fact highly organised rings of criminal activity. Surveillance Devices Act to allow that civilians may now provide assistance or technical expertise to police The bill establishes new procedures for the court to officers responsible for a surveillance devices warrant. I follow when hearing an application for a revocation of understand that is just a practical measure to allow the a coercive powers order. Those procedures are designed provision of technical expertise that may not be to protect from disclosure the sensitive information that available within that department. However, I raise the has been obtained or has been sought to be obtained concern that was expressed in the second-reading under a coercive powers order. The amendments in the debate in the lower house — that is, there are ongoing bill prescribe procedures within which the court may issues with information about surveillance activities determine the matter by way of a confidential affidavit that are taking place being leaked to organised in a closed court or at a hearing in the absence of one or criminals. That is something the public is concerned more parties. about. Victoria Police needs to pay a lot of attention to whom it allows access to that, and I understand it is I looked into that issue, because it engages the ideas of looking into that issue. liberty, of fair hearing and of openness of the court. Having spoken to people about it and taken some The bill provides for a process that the court can apply advice, and even looking at what the Attorney-General where a person challenges an order made by the chief had to say, I think there is a balance there between a fair commissioner excluding that person from attending or hearing and protection of sensitive information that is remaining at the casino or a racecourse. In most cases needed in the types of investigations that are carried out that would be a person who has been involved in under this act. It is always difficult to get the right organised crime. The bill also establishes a procedure balance and it is also difficult to deal with organised that the court must follow to protect sensitive crime, so it is not an easy area in which to get the information while protecting the public interest in terms balance right. I feel in this case it is. The bill provides of who is allowed to remain on those premises. that those confidentiality notices will cease to be in MAJOR CRIME LEGISLATION AMENDMENT BILL

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I also raise the issue that was raised by Gordon casino or from racecourses. These exclusion provisions Rich-Phillips — that is, why the first recommendation are really directed at crime figures and are an important of the special investigations monitor regarding the tool for fighting organised crime and fighting money staffing arrangements for the chief examiner was not laundering. taken up in the bill. Otherwise, the Greens will support the bill. And of course, as they should be, these exclusion orders can be reviewed by the courts. Concern has been raised Mr TEE (Eastern Metropolitan) — As has been that, as part of such a review, there is a risk of the mentioned, this bill is the government’s response to the disclosure of sensitive police intelligence report by the SIM (special investigations monitor) information — the information the police have used to tabled in Parliament in June last year. It is another layer form the basis of a decision to make an exclusion order. in a very considered response by this government to Of course that sort of disclosure can be prejudicial. It organised crime. What the SIM was required to do can jeopardise investigations or prosecutions and it can under the legislation was consider the powers that were put at risk the lives of people identified through the in place and how effective they were. The SIM found release of that information. that there is a need for the existing coercive powers because organised crime is ongoing and indeed What the bill does, quite sensibly, is put in place a becoming more sophisticated in its approach. process to limit the disclosure of that sensitive police intelligence where it is appropriate, and it provides a There are several models being used in a number of number of mechanisms. For example, we could have a states to deal with organised crime. The SIM — and I confidential affidavit or we could have a closed court stress the independence of the SIM — found the hearing, and, where appropriate, parties could be Victorian model was working well and has been excluded from proceedings. There are a number of effective in achieving its objectives. The SIM made a models that can be used to ensure that information that number of recommendations that would enhance the should not be disclosed is not disclosed. But we have to existing model. It is important to note that we now have get the balance right, and to make sure that people are had an independent body overseeing the regime we not disadvantaged there is a provision which allows for have in place to deal with organised crime, and that the appointment of a special counsel to represent the independent body said the vehicle we have in place is interests of a party that has been excluded. effective. However, the bill makes a number of amendments to the legislation which will continue to This bill is another important step in the government’s enhance and develop our response to organised crime. program of tackling organised crime and corruption. It The bill delivers on the recommendations of the SIM. is the government’s ambition to tackle organised crime root and branch. We have here an important The bill expands the range of offences covered by the endorsement from the independent SIM, and, as I said, act so that it includes paedophilia where that can be the bill really goes to the heart of organised crime. It is described as organised crime — that is, where it an important bill for tackling these important issues. involves two or more offenders and is part of an organised crime syndicate. It is one of a number of bills and other steps as well as a number of debates we have been involved in in relation The issue raised by Ms Pennicuik related to the fact that to organised crime. Having taken part in debate on this the bill confirms that technical experts such as electrical subject a number of times, I can almost anticipate the engineers can assist police officers when they exercise opposition’s response. Generally someone from the their powers under the Surveillance Devices Act. I am opposition — indeed I think there was in the other advised that their role is to help in the installation side place — will stand up with the tried and true lines of of the work rather than the monitoring side. To address the opposition’s response to these issues. I think it is Ms Pennicuik’s point, they are not really involved in clear that, in relation to some members of the the listening as their expertise is of a technical nature, opposition at least, it is almost a bit of a one-trick pony, so there is not the risk that Ms Pennicuik identified of with only one speed or one approach, and it is dusted information that has been picked up through the off for these debates every time. It always involves monitoring process falling into the hands of people it banging on about the need for an independent should not. commission on corruption. Notwithstanding the fact that we have a model that has been independently The bill also amends the Casino Control Act and the verified as working, I have no doubt we will again find Racing Act provisions, under which the chief the opposition banging on about an independent commissioner, I think it is, can exclude people from the commission. MAJOR CRIME LEGISLATION AMENDMENT BILL

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If you read the SIM report, you see that there is no on when those confidentiality notices cease. They are substance to that worn-out call. There is no policy now going to be in place for only five years, but there is foundation behind that call. In circumstances where we provision for an application to be made to the Supreme have got a model that has been effective and is Court to extend the operation of a confidentiality notice working, the call is almost a lazy response reflecting a beyond five years if certain circumstances are satisfied. failure to develop any new or original policy ideas. The amendments provide greater flexibility, ensuring More concerning for this chamber in this debate is that that confidentiality notices do not unnecessarily the call for a commission of some sort reveals a failure continue to have effect for more than five years unless to properly engage in the issues and the debate. absolutely required.

It is with some regret that I anticipate the ongoing As we have heard, the bill also amends the Casino response from some in this chamber to these issues and Control Act and the Racing Act 1958. Those this bill. As I said, I think that response is a failure, and amendments are similar to amendments to the Major I hope those opposite take the issues seriously, engage Crimes Act and relate to the revocation of orders of with them and have a serious look at some of the work exclusion from casinos or racecourses. Again the that is being done rather than falling back on the tired process is designed to protect intelligence upon which old lines they continue to use. With those few words, I the chief commissioner bases his or her decision to support the bill. make an exclusion order. The bill provides clear procedures through which a court may determine a Ms HUPPERT (Southern Metropolitan) — The review — that is, by way of an affidavit or in a closed Major Crime Legislation Amendment Bill will support court or hearing in the absence of one or more parties. our ongoing fight against serious crime by implementing the special investigations monitor’s In summary, the bill makes a small number of quite recommendations on the major crime legislation in a technical and important amendments to the Victorian number of key aspects. Firstly, it expands the definition legislation related to major crimes. It implements the of ‘organised crime offence’. Under the current regime government’s community safety commitment to guard ‘organised crime’ applies only to an offence which has against the potential disclosure of sensitive police a purpose of obtaining profit, gain, power or influence. intelligence arising from challenges to casino and The bill broadens that definition to include an offence racetrack exclusion orders as well as ensuring that we which has a purpose of sexual gratification where the are protected from paedophilia networks. I commend victim is a child. The purpose of this is to ensure that the bill. organised paedophilia networks are caught up in the definition. However, the other limbs of the definition Motion agreed to. will remain unchanged, in that an organised crime offence must involve two or more offenders, involve Read second time. substantial planning and organisation and form part of a Third reading systemic and continuing criminal activity. Hon. J. M. MADDEN (Minister for Planning) — Other amendments brought in by the bill change the By leave, I move: standing of and the grounds on which people can apply for revocation of a coercive powers order. These That the bill be now read a third time. changes are designed to ensure that the procedures do not lead to the release of confidential information that In so doing I thank members for their respective will cause a danger to any person and to ensure the contributions. protection of confidentiality of intelligence in the public Motion agreed to. interest. The purpose is to ensure that the courts have clear legislative procedures through which they may Read third time. determine the matter, either by way of a confidential affidavit, in a closed court or hearing in the absence of one or more parties or by a combination of these methods. There is no limitation on the right to apply to challenge a coercive power order.

One of the other changes made by this bill is that it brings in three recommendations relating to confidentiality notices. Currently there is no time limit ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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ANNUAL STATEMENT OF GOVERNMENT statement of government intentions in the other house, I INTENTIONS reiterated the need for us to have that collaborative approach. The Premier said in his statement that we Debate resumed from earlier this day; motion of need to put partisan politics aside and work Hon. M. P. PAKULA (Minister for Industry and collaboratively. That is why I was very disappointed Trade): when Mr Barber was quoted in one of our local newspapers — and I quoted him on Tuesday — as That the Council take note of the annual statement of saying he intended to work with the Liberal Party, his government intentions for 2009. ongoing ally, to oppose and frustrate the government’s Ms MIKAKOS (Northern Metropolitan) — I want legislative program. to say how proud I am to be able to speak in support of the 2009 annual statement of government intentions. It is time we put aside these partisan political strategies This is the government’s second such annual statement, and focus on the serious threat facing our nation. I see it and I congratulate the Premier on delivering what is a as an economic tsunami that is coming our way, and we visionary statement for Victoria. all need to ensure that as parliamentarians who have been elected to serve our constituents we work together We know there are some very serious global economic in the best interests of our state. problems at the moment, and Australia is not immune from the constraints that are being experienced by local I congratulate the Minister for Planning, who is in the financial markets. It is very worrying to all of us that house at the moment, and the Premier on the significant our major trading partners are experiencing significant announcement concerning the types of legislative and economic downturn at the moment. China, Australia’s other approaches the government will be taking in the major trading partner, is experiencing a significant planning portfolio to ensure we do not have economic slowdown which will obviously have an unnecessary delays and impediments in the planning impact on the Australian economy. process and that we keep the construction industry in Victoria strong. As an industry it is a major source of In the annual statement of government intentions the economic activity in Victoria. It is a major employer, Premier has flagged very clearly that the Victorian and it is positive that the number of housing approvals government will do everything it can to ensure the remains strong at the moment and that housing prices Victorian economy remains strong and that we keep remain affordable in Victoria. Victorians in jobs. I congratulate him on setting out in that statement a whole range of areas in terms of the We need to ensure that we allow people to take legislative program of this government for the year advantage of declining interest rates by keeping them in ahead that focuses on the government’s plan to invest in employment so they are able to pay off their mortgages infrastructure, skills and local industries that will keep and live the great Australian dream of buying and the Victorian economy strong and competitive by owning their own homes. That is why the statement of securing old jobs and generating many new ones. government intentions unashamedly focuses on jobs. Earlier today the Minister for Industry and Trade used The year ahead will be a challenging one for all our the old expression ‘Jobs, jobs, jobs’. We say to the constituents and all Australians. We want to ensure that Victorian public that that is going to be the our strong track record in sound financial management government’s priority for the year ahead. continues and that we are able to provide every opportunity to Victorians for the future. We know that We have also outlined our plans for fairness for all we have struggled through difficult times in the past, families, greater livability for communities and and we have done that by working together. Both the environmental sustainability in the face of drought and Premier and the Prime Minister have flagged very climate change. The Premier’s statement outlined a clearly that we need to have a collaborative approach plan to improve Victoria’s infrastructure. The amount when it comes to these issues. That is why it has been already spent on capital works is a record in our state’s disappointing that within the last 24 hours the federal history. The Victorian transport plan, which was opposition has attempted to delay and frustrate the announced in December last year and is also referred to federal Labor government’s stimulus package that in the annual statement of government intentions, has a would provide a range of benefits for Victorians and for commitment to a historic package of expenditure to Australians as a whole. deliver new trains, trams and buses to expand and strengthen our public transport system. When I made a very brief members statement on Tuesday after the Premier delivered his annual ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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During the course of yesterday’s debate on public welcome. It is important that we are seen not only as transport I spoke about the fact that my local the sporting capital of Australia but also as the arts community has already welcomed recent improvements capital of Australia, given the many exciting exhibitions to the local public transport system, such as the new and cultural offerings to Victorians. Also referred to in buses in growth corridors through Whittlesea and the statement is the Melbourne convention centre Hume in the northern part of my electorate. project and the Melbourne rectangular stadium, which Constituents welcome the expansion of the Epping rail also strengthens our reputation in the sporting area. line to South Morang, which has been included in the Victorian transport plan. The statement also refers to a fairer go for families. It talks about continuing the work the government has They also welcome the duplication of the rail bridge done in the areas of education, health and training. This over the Merri Creek, the opening of which I attended government has always said that education is its no. 1 last week. It will allow for additional capacity on the priority, and it will continue to be so in the future. We Hurstbridge and Epping lines for the 60 000 commuters are looking at implementing a science and maths going to and from work and school every day in the strategy in schools. We are creating new specialist northern suburbs. The annual statement of government centres, and I particularly welcome the fact that one of intentions flags that the government will put in place these specialist centres is going to be located in the legislation to ensure that this type of expenditure northern suburbs of Melbourne. becomes a reality as soon as possible for the benefit of our constituents and local jobs. I also look forward to Victorian schools being the beneficiaries of Prime Minister Kevin Rudd’s largesse The annual statement of government intentions also that he announced yesterday as part of the federal Labor flags investments in water projects, many of which government’s stimulus package. The plan also flags the have already been announced by the government. government’s intentions to continue to expand hospital These projects include the improvement to irrigation elective surgery capacity, to improve our emergency infrastructure, the construction of Australia’s largest departments and to cut waiting lists. That builds upon desalination plant and many other projects that are the many capital works that have already benefited my about securing our state’s water future. local hospitals, including the elective surgery centre at the Heidelberg Repatriation Hospital, the expansion of It has been disappointing to hear the Greens political beds at the Northern Hospital, the new Royal Women’s party continue to criticise the desalination plant Hospital, and many other such improvements that we proposal without indicating to Victorians exactly what have already seen. is the alternative. What are the Greens proposing we do to provide that additional water we require not just for In terms of its support for families, I particularly want our current population but also to account for future to note the importance of the government’s population growth? We know that we are experiencing commitment in the area of public and social housing. a population boom in our state at the moment. Are they The government has already boosted funding in this proposing that we force everybody to drink recycled area with a record $500 million boost. I particularly sewage water, because that is the alternative? Other want to congratulate Richard Wynne, the state Minister states have been considering the options. for Housing, for having recently concluded a very good outcome in terms of the commonwealth-state housing It is important if we are going to hear criticism and agreement. I thought it was very interesting that opposition to things like the desalination plant that they Ms Lovell, who is in the house at the moment, referred are honest enough to tell Victorians what would be the to this issue a couple of days ago, because I remember alternative. I can tell the house from speaking to many it was in the last few months of the Howard of my constituents about this issue that there are not government that it was that government’s failure to many supporters of drinking recycled sewage water out come to state governments with a proposal for there! continuing that commonwealth-state housing agreement in the future that was creating a lot of The annual statement of government intentions also difficulties for all the states in terms of addressing the flags many other infrastructure projects that are already needs that exist in our community. I found it interesting taking shape or are about to take shape in our state. that Ms Lovell had the cheek to come in here and There are references to channel deepening, and we complain about what we secured from the federal know the significance of that for our state’s economy. government in this area when it was actually her federal Also mentioned is the recent opening of the Melbourne colleagues who had been holding up needy families in Recital Centre by the Premier, which I particularly this state from being able to get a roof over their heads ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

Thursday, 5 February 2009 COUNCIL 181 by unnecessarily delaying for months the negotiations The whole concept of an annual statement of of the commonwealth-state housing agreement. I government intentions is a very welcome one from my congratulate Dick Wynne on getting a very good perspective and that of my constituents. It is something outcome for Victoria through that process, and I that has happened now for the second time. All of our congratulate him for pushing very hard on this issue. I constituents have an opportunity to comment on the am sure that that has also been heard in Canberra. government’s legislative program. It has been posted on the internet, and there are opportunities there for our I particularly want to applaud Kevin Rudd. When he constituents to send feedback not only directly to the was elected as Prime Minister one of the first things he Premier but also to all of us as their local MPs. I look did was to talk about homelessness, and that is an issue forward to my constituents taking up that opportunity that has not been focused on by a federal government and providing me and the government with that for a very long time — probably since the feedback. Hawke-Keating years and even going back to the Whitlam government. I applaud the fact that Kevin I think this is a visionary statement. It is a statement for Rudd has made this a priority area and that in the our times. It is a statement that addresses the economic stimulus package that he announced yesterday he made circumstances of our times. It is a statement that puts a very significant commitment to new social housing jobs front and centre, as it should. It is a statement that that will benefit needy families across Australia. provides a fairer go for families and also addresses Victoria can expect to receive upwards of 5000 new issues like climate change. I congratulate the Premier units of public and social housing as a result of this. and the cabinet on the development of this statement, and I encourage Victorians to provide the government In my electorate, Northern Metropolitan Region, sadly with their feedback. I commend the statement to the we have the highest demand for public housing in our house. state. I deal with many of these needy families on a weekly basis, and my staff deal with them usually on a Mr LEANE (Eastern Metropolitan) — At the outset daily basis. I know the need that exists out there, and I I congratulate the Premier for having the courage to know that the economic circumstances are already introduce to the Parliament an annual statement of putting additional pressures on families, needy seniors government intent. It is easy to criticise people who do and others, including marginalised members of the nothing on one front, because there is only one criticism community who might be experiencing mental health to make, and that is that they do nothing. problems and other types of problems. So I really welcome this allocation of funds in yesterday’s It is easy to criticise if you do a lot on a number of stimulus package, because I know it is going to make a different fronts. You leave yourself open to more than very real difference to my local electorate and in fact to one form of criticism if you do nothing, and you leave the whole of the state. yourself open to even more criticism if you have the courage to say from the outset what you intend to do on But as I said at the outset, it has been disappointing that those number of different fronts. Again I commend the despite having a much-needed financial stimulus Premier for his courage in introducing this annual package announced yesterday, we have a federal statement of intentions. Liberal opposition in Canberra that is trying to block the passage of this package at the moment. I think I want to touch on some areas of the statement. It can Australians will judge the federal Leader of the be easily accessed on the website, so it is open to all Opposition very harshly for that. If you look at the US Victorians to read what they may like or what they may Congress and the spirit of bipartisanship that has not like. Something that I like is the ongoing existed there between Democrats and Republicans both commitment to the building of infrastructure. I echo in the last few weeks of the George W. Bush what Ms Mikakos said and refer to the additional administration and also since Barack Obama took commitment to supporting the important new office, you will see there has been a very strong degree infrastructure of the federal government. of bipartisanship to try to turn the US economy around. As I said, I think Australia is about to be hit by an The Melbourne Convention Centre, which will hold its economic tsunami, and we need to make sure that we first convention this year, has been a big project; it will put political partisanship aside for the moment and be an important facility in Victoria for years. Having work together to ensure that we do everything we can worked in the building industry, I have a number of to keep our Victorian economy going strongly. good friends who are plumbers, electricians and carpenters; some worked on the project. They had well over a year’s work on that construction site, and that ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

182 COUNCIL Thursday, 5 February 2009 work kept them and their mates going for at least a One of the new buildings there incorporated the year. existing gym. One wall of the gym was removed, creating a huge space for the students to enjoy. Now all I want to touch on a few other projects. Only recently the students can have assemblies together, which is the Melbourne Recital Centre was opened. I also know very important for the school community and the some people who worked on that project, and the fact parents who attend assemblies. that I know their faces and names has made me realise how important work on these projects is for them. I Also in the past few months I was lucky enough to echo the disappointment of other members here at the attend the official opening of the new buildings at the federal opposition’s apparent intention to try to block Upper Ferntree Gully Primary School. It has a fantastic the passage of the new Rudd government’s stimulus new library, which is already being enjoyed by the package because it would provide even more students. construction job opportunities. As I said earlier, such a large amount of money has not One of the most important initiatives announced again been put into the system for 50 years. The new school in the Premier’s statement is the ongoing commitment designs that I just mentioned make a huge difference to to the $1.9 billion Building Futures program which will the way in which students learn. The principals and renew, rebuild and/or renovate all Victorian schools. teachers have a lot of input into how new learning areas That amount of money has not been put into the system are to be built. Many of the schools want, and are for 50 years, but now the Brumby government has getting, classrooms with concertina walls that can be committed to this process. pushed back so as to open up huge spaces. If there is a grade 5 or grade 6 composite class, or just a grade 6 In the past few months I have been privileged to go to with a number of different classes, the teachers can official openings and have a good look around at some either isolate one class or they can open the space up to of these schools. I attended the official opening of the all the grade 5s and grade 6s. They say that flexibility is new Gladesville Primary School. The old school had important as it allows them the opportunity to vary the been levelled, and the kids and teachers were being way they teach. accommodated in temporary classrooms, libraries and so forth. They were delighted to move into their new I will refer to a couple of other events I have attended. school. One was the opening of the Lilydale Medical Centre. The people I met there are delighted with the facilities I can remember talking to that school’s principal at the at the centre, with another section being opened late last time of the announcement that Gladesville Primary year. People are also delighted about funding being School would be rebuilt from scratch. While I was committed to the Ringwood transit city. I know how visiting the school then, some journalists from one of important that project is to them through having been the local newspapers arrived to cover that involved with a number of community committees. announcement; they took a photo of the principal and me at the end of the school corridor, but the interior of Late last year I accompanied Richard Wynne, the that old school was so dark that you could not identify Minister for Housing, when he opened some new who was who in the photos. affordable housing units in the outer east. I commend Minister Wynne and the government for their funding I am really excited about this development, because the commitment to social housing and a number of big new school infrastructure is designed to bring in a lot of projects, including the crisis centre to be located in the natural light; its interior will be bright and as middle of town; it will be able to accommodate over environmentally friendly as possible, making it a fresh 100 people. place for students to learn. They will want to be at school — and it makes a big difference if they actually In the past few months I have been to primary schools, want to be there! health facilities and new housing facilities. Local residents I met at those places could not be happier with Karoo Primary School is another school in Eastern the new facilities, yet the opposition has come in here Metropolitan Region where a renovated section was this week and acted in a bullying way. The hot weather opened in the past few months. It has similar last week affected a couple of the facilities, but the architecture to that at Gladesville Primary School, with opposition is saying there are people out there with high windows in the corridors that allow light into the baseball bats. I have not found anyone out there with a classrooms. baseball bat! It is hard for people to have baseball bats if we are delivering these sorts of projects. The ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

Thursday, 5 February 2009 COUNCIL 183 opposition members are flying high, but their leader in statement of government intentions, the delivery, the the federal Parliament has shot them down a bit, reporting to Parliament and the engagement with the because not to support extra federal money for these wider Victorian community in relation to opportunities sorts of projects is an amazing position to take. I have afforded to Victorians — be it through regional sittings not come across anyone with a baseball bat at these of the Parliament, exposure drafts of bills, community new schools, new health facilities or new housing cabinet meetings, opportunities to make submissions facilities. The opposition might want to watch for them and representations to MPs of all political parties right if it continues to oppose packages that are going to through to legislation being considered by the support schools, special schools and people on low Parliament — has been a huge advance in Victoria’s incomes. democracy.

I commend the Premier for having the courage to be as Any fair-minded person would say that the scepticism transparent as this. He did not have to introduce a expressed by the Liberals and The Nationals when the statement of intentions, but he had the guts to hang his first statement was delivered has been shown to be very hat on coming out at the start of the year and saying this misplaced. This second statement of government is what he intends to do. intentions is a further development of Labor’s approach to democracy, our accountability and opportunities that Ms BROAD (Northern Victoria) — I rise to speak are afforded to all members of the community to have on Labor’s annual statement of government intentions their say in the delivery of the government’s priorities, for 2009, delivered by Premier John Brumby. This is be it in legislation that is brought before the Parliament Labor’s second statement of government intentions to in relation to the delivery of government programs or the Parliament and to the people of Victoria, and I the development of new policy. would like to commence by making some comments about Labor’s first statement of government intentions. I turn now to Labor’s second statement of government When the first statement was introduced to the intentions, delivered at the start of this parliamentary Parliament by the Premier last year there was a great sitting by the Premier. This statement includes not only deal of scepticism, to put it mildly, from the opposition 30 significant pieces of new legislation but parties — the Liberal Party and The Nationals — about commitments from the government to deliver on a this innovation in terms of the government’s approach number of very significant policy statements. The scope to engaging with the wider Victorian community in of this annual statement of government intentions has seeking its input to the government’s legislative been widened to encompass even more of the program. There was also scepticism about the government’s priorities to make it even more accessible government’s intentions in terms of delivery of that not only to Parliament but to the wider community and program and its accountability to the Parliament for the to afford further opportunities to participate and to hold intentions set out in the annual statement. the government accountable for its program. The government is more than happy to be held accountable It is revealing indeed to have a look at what has for that. happened since the first statement was made to the Parliament by the Premier. In the second annual I turn to the priorities outlined in the second statement statement of government intentions the government has of government intentions. Four strategic priorities have reported to the Parliament on progress, and that been set out: jobs — a resilient economy for long-term progress includes a report that in 2008 the Legislative growth; families — people who are educated, healthy Assembly debated and passed 85 bills in 49 Assembly and involved; communities — places that are planned, sitting days that included a sitting day in Gippsland, and connected and secure; and the environment, including the Legislative Council also sat in Gippsland. I might climate change and water. These are ongoing priorities add in passing that regional sittings of the Parliament for the government. With the advent of the dire are initiatives of Labor committed to by the former international financial circumstances which have now Premier, Steve Bracks, earlier in the term of the been visited on Australia and on families and government. communities, including in Victoria, jobs have become an overarching priority for the government and for the As well as the three bills on which there were federal Labor government as well. Today the premiers conscience votes, the Parliament delivered on are meeting at COAG (Council of Australian approximately 80 per cent of the priorities identified in Governments) to consider further ways of strengthening the 2008 statement, with 44 out of 57 bills being the government’s priorities in programs and delivery as introduced or released as exposure drafts. In terms of a matter of urgency for the purpose of generating jobs. what the Premier outlined to the Parliament in his first We would all be enormously encouraged if we were to ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

184 COUNCIL Thursday, 5 February 2009 hear some words from members in the Liberal Party The legislative program includes further improvements and The Nationals in support of that priority and in to the functioning and accessibility of Victoria’s justice support of the urgent approval of funds through the system, as outlined by the Attorney-General in the 2008 federal Parliament for furthering that agenda. justice statement. This will include the development of new legislation to replace the Equal Opportunity In relation to our priorities for the Victorian Act 1995, which, although a very important piece of government around families, the community and legislation, has been in place now for a considerable environment, all of those priorities are very much period of time and is certainly in need of updating. dependent on getting delivery on jobs. These are There will also be reform of gaming, racing and liquor priorities that can all sit very comfortably alongside one legislation to implement government policy and ensure another, but unless we ensure that the economy keeps that the gaming, racing and liquor industries remain fair moving and people have jobs, then communities and and competitive. families are going to suffer and our environmental priorities are also going to suffer. Legislation will also deliver on a very significant 2006 election commitment in relation to the creation of new I turn to the legislative highlights outlined in the national parks. There has been a very lengthy process government’s statement of its intentions. Priorities have of engaging with communities, particularly in my been set out for around 30 new pieces of legislation, electorate of Northern Victoria, around the matter of and that is without taking into account the 23 bills that red gum forests and national parks. Following that are on the notice paper already for consideration by extensive process and in order to deliver on those Parliament this year. Going through those, we see election commitments, decisions have finally been priorities in relation to major projects, including made by the government on the recommendations of facilitating the delivery of major infrastructure and the bodies that were charged with responsibility for speeding up developmental approvals. Just this week those investigations. Legislation will be put before the we have seen action on that by the Premier and the Parliament that will propose the creation of four new planning minister in terms of demonstrating delivery on red gum national parks — in Barmah, Gunbower, the the commencement of a social housing project and lower Goulburn River and Warby-Ovens — as well as pointing to the need to legislate in this area to facilitate the completion of the reserve system to include the delivery of further major infrastructure and old-growth forests and icon sites in East Gippsland. development approvals, particularly in this new environment that we are all saddled with as a result of In addition there will be legislation in the urban the international financial circumstances. It is critical to planning and workers compensation areas, and there keep major infrastructure development approval will be further legislation to ensure that our regulatory processes moving as efficiently as possible and to systems continue to be updated, where possible in line provide job opportunities through these projects and with agreements entered into through the COAG and developments. Where these developments have social harmonised with other jurisdictions for the benefit of policy benefits as well, there is further reason for both consumers and business. providing for facilitation for those projects through development approval processes. Finally, the government will continue its program of repealing unused and redundant acts — those bills that As well as that, there will be legislation to assist the come before the Parliament which are particularly implementation of the Victorian transport plan — a challenging to speak to. major transport plan that the Parliament has had the opportunity to spend quite a lot of time debating this There will also be — and this is referred to in the week, which is going to make a huge difference not annual statement of government intentions — ongoing only to people in Melbourne but also to people right implementation of national reform through COAG, so across Victoria. In my electorate of Northern Victoria 2009 will be another year of opportunities to use the Region there are enormous benefits that will flow from historic agreements reached at COAG meetings, it, whether we are talking about regional freight, rail including those reached at the end of 2008, to deliver lines, passenger rail services in north-eastern Victoria, better services in health, education, disability and roads or bus services. This is a major investment that is housing. Over five years these agreements provide an being made by federal and state Labor governments. additional $15.2 billion nationally, with Victoria Legislation to facilitate the implementation of that plan receiving an additional $2.8 billion in grant funding. is a very important legislative priority in the statement of government intentions. I might say that these funding commitments through COAG predate the commitments made by the Brumby ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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Labor government as well as the Rudd Labor intentions, to all the ministers who have contributed to government to specifically respond to the it and to all the public servants who I am sure have circumstances we now face as a result of the worked long and hard over it. Anyone who has any international financial circumstances. So we are now engagement at all with government processes and who seeing, in addition to the amounts referred to in the understands what is involved in developing and annual statement of government intentions, substantial reaching agreement for policy and legislation initiatives additional funding commitments in education, in through cabinet processes understands that setting out a housing and in health and disability. whole program like this a year ahead involves an enormous amount of work, and not only does it provide In addition to those highlights and priorities I also opportunities for all Victorians to participate in that underline the government’s ongoing commitment to work but it deserves a lot of commendation for the consultation. This was a very important aspect which effort that has gone into it. was highlighted in the government’s first statement of government intentions. As well as the statement being Mr ELASMAR (Northern Metropolitan) — I also an opportunity for the government to set out its rise to speak about the Premier’s statement of intentions priorities and plans and the areas in which it is made to both houses of Parliament on 3 February. I developing policy, this is an opportunity to engage all start by congratulating the Premier, John Brumby, and Victorians in the process. That commitment to consult the Labor government for producing a comprehensive around the delivery of these priorities and plans and progress report that seeks to outline a progressive and areas of policy to be developed is an ongoing practical plan to ensure that the economy of Victoria commitment. In each area that is outlined throughout does not nosedive into recession. The plan clearly the document there is information available to members provides the Victorian public with Labor’s continued of Parliament and all Victorians on how they might vision for the future, a vision that seeks to build upon seek to get involved in matters in which they have a the last state budget’s initiatives and drive the Victorian particular interest. I want to underline that commitment economy upwards for the benefit of business, and encourage families, communities and businesses to consumers and all Victorians. take full advantage of these opportunities. Outcomes are what count. Vision is a wonderful thing, I turn to some of the areas outlined in the statement but without the infrastructure and the mechanisms for which are of particular significance for my electorate of implementation that is all it would be — just a plan. Northern Victoria Region. I want to turn particularly to However, Premier Brumby and his government have section 18, headed ‘Victoria’s plan for water and laid out a framework and timetable for this plan to agriculture’. In this section the statement outlines the become a reality. Simply put, we are not sitting on our government’s plan to progress major infrastructure hands and talking hot air. We have the means and the projects and programs identified in Our Water Our commitment to continue to make Victoria the best place Future — The Next Stage. Those projects include the to live in Australia. completion of works to reconnect Tarago Reservoir to deliver an additional 15 billion litres of water a year Listening to the Prime Minister, Kevin Rudd, outline into the Melbourne water supply system; construction his strategy for beating or at least minimising the effects of the Sugarloaf pipeline, on track for completion by of the global downturn in the world economy and its mid-2010, to deliver 75 billion litres of water to potential effects on Australia’s economy, I was Melbourne in 2010–11; the northern Victoria irrigation impressed with his generous allocation for school renewal project, which will see hundreds of millions of upgrades across Australia. I would like to take this dollars invested in regional communities as the water opportunity to talk about the Premier’s continuing savings works program is stepped up; and design and education reform agenda. As I have said before, as a planning for the 150 billion litre desalination plant, with member of the parliamentary Education and Training construction due to begin by late 2009. Committee I believe in change and I believe in striving for a better education for all Victorian children. It is There are a great many aspects of the government’s extremely important to provide a safe and pleasant priorities, plans and areas of policy development environment for kids to learn in, whether they are in the outlined in the statement which I could continue on government system or in private schools. Reforming, about, but I note that some of my colleagues who also rewarding and improving skills for a professional want to speak on the statement are anxiously awaiting teaching service will undoubtedly give our kids a better their opportunity, so I will wrap up my remarks. I place start in life. on the record my congratulations to the Premier, John Brumby, for his second statement of government ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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I am not going to outline everything in the Premier’s climate change might be slowed by a weakened global statement of intentions, but I fully support and economy. The next half-dozen years remain critical in commend the Premier on it. I look forward to the this debate. The consequences of faltering on climate positive results that this strategic direction will provide change could prove to be disastrous. I believe a to all Victorians. particular challenge for the Victorian government right now in this context is to invest as massively as we Mr SCHEFFER (Eastern Victoria) — Firstly, I responsibly can in infrastructure that will meet the would like to extend my congratulations to the new challenges of climate change. member for Southern Metropolitan Region, Jennifer Huppert. A number of members might have seen last night on Lateline an interview that Tony Jones conducted with Mrs Peulich — Were you here listening? Professor Robert Shiller, a US researcher and academic. Shiller was one of the first to have seen the global Mr SCHEFFER — Indeed I was here listening this financial crisis emerge. His was one of the first voices morning. She presented her inaugural speech earlier that warned of the scale of its impact. In his Lateline today. As such, she was the first speaker to address the appearance Shiller urged governments — and he annual statement of government intentions. I specifically mentioned the United States, of course, congratulate Ms Huppert on that presentation. being his own country, but also Australia — of the I also congratulate the Premier and the ministers of the critical need to make massive investments now in Brumby government for the presentation of the second infrastructure that would put both of the nations in a annual statement of government intentions delivered in good position to maximise when eventually the present the Assembly on Tuesday. The statement comes, to say downturn passes. the least, at an extraordinary time in our history. It takes There is a temptation — and Tony Jones last night place on an extraordinary day in our history, when the succumbed to that temptation — of seeing almost an commonwealth Parliament debated last night — and is end-of-the-world scenario, and Shiller was very still formally debating as it has not yet gone to the reassuring in that he said this may be serious and it may Senate — the federal government’s $42 billion stimulus be devastating in a lot of parts of the world, but it is not package. The Premier and the Treasurer are in Canberra the end of the world. It is a human problem, and human putting forward Victoria’s views on the details of that beings can work and plan and struggle their way package. Therefore, like many other members of this through this. That is exactly what the federal chamber I find it deeply disturbing that the federal government, the state government, the US government Liberal opposition is threatening the nation’s capacity and governments all over Europe — and Asia, of to work through what is a huge challenge. course — are working towards very strongly. Twelve Global economic uncertainty has not been a total months later a lot of these things we discussed over the surprise to people who have been watching the last year have come to pass and we are all now in a international scene. The Premier drew attention to the position of having to take collective responsibility, so ominous signs on the horizon in his budget speech last the statement is a way in which we can improve our year when he mentioned the concerns that Victoria, thinking about what we do as a government in Victoria. Australia and the globe would be facing. In my This is the second statement of government intentions contribution to the debate at that time I also mentioned that has come out, and I think it is, firstly, a very the uncertainty and challenges that are presented by important initiative of the government to enhance and climate change and the complex impacts that these are improve democracy and public participation in having on almost every aspect of the human and natural government. These documents are the first that I have environment. I mentioned the already evident instability ever seen which set out a legislative program for the of the global financial markets that could affect the real rest of the year. All members of this Parliament know economy, the pressures of increasing inflation and the that is important because they work with community credit crunch, the world food crisis, the energy crisis organisations and community groups that are keenly and, more specifically, the rapidly escalating price of involved in government policy and also understand that oil. The oil price has abated over the last year, but that they themselves are subject to legislation. It is might well be a temporary thing given the issues of important for them to maximise their engagement and peak oil. understand what is coming up so they can organise I also mentioned in that contribution my concern that themselves around the issues the legislation is going to the global momentum that has been building to address present them with. They can do preparatory research, and at the appropriate times they can then provide that ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

Thursday, 5 February 2009 COUNCIL 187 direct input to government through local members, sections in a little bit more detail. One of the ones I through ministers and their officers or through selected fairly randomly is the section on page 53, government departments or whichever organisations ‘Communities — planned, connected and secure’. This and agencies advocate for and represent them. The is a one-page section, and anybody reading it would see document sets out very clearly where the government is that it provides a background and sets out the themes of at the moment and where the government intends to be what this concept is about: to keep communities and move through 2009. coherent, respectful and harmonious and to remove violence, binge drinking and inappropriate behaviour. Community organisations are often disadvantaged The object is to remove those things from our because they do not have access to this information and community to create a more harmonious culture in do not have sufficient lead time to organise themselves which to live, and two broad thrusts are suggested. One in the way that is necessary to make an impact. The thrust is the containment of problems, and that means statement flags up front the government’s four strategic including more resourcing for policing, tighter licensing priorities, the first being jobs — and I suspect that over laws and trialling innovative approaches to how the the next period ahead of us it is going to be jobs, jobs, police might operate in some of the more difficult jobs and then jobs, jobs, jobs again, because that is the contexts they need to work in, but then there is the other important issue for Victorian families. The second aspect of that, which is the positive side — to priority then is families, meaning areas to do with encourage more young people to engage in volunteer education, health and engagement with the community. programs, to join community organisations and to take The third is communities, meaning livability issues, an active role and responsibility in the community. planning, connectedness and security of communities, and the fourth is environment, taking in the themes of Having said that, the section then talks about how we climate change and water. would move towards building respect in a community by building a community where young people in The major initiatives in the statement are integral to particular, but everybody, feels that they belong. these four strategic priorities. The environmental Finally, there is an area on promoting the theme of agenda is linked to a jobs action plan; there is a respect through schools, and the section then concludes blueprint for regional growth; housing is the biggest job with referring people who may be interested in creator in the country; and there is a future energy following up this year to the Blueprint for Education statement to transition Victoria to a low carbon future and Early Childhood Development as one of the as part of our response to climate change. If you look documents they could draw on. through the list of the major initiatives, you will see that the four groupings listed there will have a bearing on I think this is a very important emerging theme in our the major infrastructure initiatives of the government community, and people will be aware that this was over the next year that will have a bearing on jobs and developed by the Blair government as well over the last livability, regional growth and housing — all those hard few years. It builds on Victoria’s very strong history initiatives that the government needs to put in place in around communities, building multifaith confidence order to keep the economy moving. and relationships amongst the different faith communities and also amongst the different cultural These initiatives will be developed in conjunction with and ethnic communities of Victoria. the commonwealth, and the additional budget will come through the $42 billion stimulus. The first few The second area that builds on from there is the pages of the document set out the legislative highlights, Victorian action plan, which is also part of the government’s priorities, what has happened in ‘Communities — planned, connected and secure’, and broad terms over the last decade and a range of 10 or so this has been much better articulated by the major initiatives for 2009, and then it picks out two government. It is not a new idea; it has been worked on broad themes. One is the delivery of infrastructure that I for a few years. It builds off Victoria’s action plan and have already alluded to, and the second is national talks about some of the legislation and some of the reform — and as part of a federation, Victoria needs to programs the government has initiated in this area and link in closely to the Council of Australian then gives a few simple elements in relation to Governments process — and finally there is a section emerging legislation — the Liquor Control Reform on progress in 2008. Amendment (Enforcement) Bill, which will be before the house shortly, and the Liquor Control Reform All the initiatives and all the areas are then listed in the Amendment (Licensing) Bill. following pages for easy reference. I want to start the last part of my contribution by looking at a couple of ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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It draws people both to a broad, thematic, newly in south-west Victoria, after a very long emerging area around respect and then looks at the community-based campaign last year, is that the Victorian action plan as a case in point. That is a useful government announced an additional two rescue model that is repeated through each one of the themes helicopter services to provide better and quicker access in the statement of government intentions. to high-quality care in Melbourne for people throughout regional Victoria. One will be based in Warrnambool Candy Broad drew attention to the complexity of and the adult retrieval service will be based in putting a document like this together. There is a lot of Essendon. This was certainly welcomed warmly by work behind them, and anyone who has worked in residents in south-west Victoria. I mark that as a government would understand, as Ms Broad said, that it highlight in my electorate for the year. is a huge amount of work, and in the delivery and development of it a government develops a coherence In Horsham shortly after the state budget I was pleased and shape of where it is going in the future. It is a good to join Minister Wynne when he announced an document, it is solid, and I commend it to the house. allocation of $1.9 million for housing and community engagement projects throughout Horsham, specifically Ms PULFORD (Western Victoria) — It is my around the Horsham North area. It is a wonderful pleasure to make some comments about the statement project that I have been pleased to support. I know the of government intentions for 2009 and to respond to the member for Lowan in the other place, Mr Delahunty, document Delivering for Victoria and to the Premier’s has also had a long connection with it and is a big comments in the other place on Tuesday of this week. supporter of the project. It is great to see that investment starting to show dividends. This is the second time that Victoria has had a statement of government intentions, one of a handful of We had some difficult debates in this place in 2008. measures announced by the Premier when he first There were three historic conscience votes. During my became the Premier of the state. It was part of a first term as a member in this place there was a package of measures to make government more conscience vote very soon after, for those who were accountable. In the first ever statement of government elected in 2006, but members elected in the previous intentions 12 months ago Victorians were able to see term assure me that this is not a particularly common clearly articulated their government’s priorities for the occurrence. We were able to remove some historic coming year. It is a great feature of the statement that discriminations in the area of assisted reproductive organisations and community groups throughout technology and to remove abortion from the Crimes Victoria can know of legislation in their area of interest Act. We had a difficult debate also on a voluntary that is on the horizon and can participate more directly euthanasia bill, the passage of which was not with government and in the development of that successful, but the experience of all members in this legislation. place — there were three debates in the other place but we only debated two of the three bills — certainly Two thousand and eight was a year of considerable tested everyone a great deal last year. Nevertheless action. The government has been working hard to meet some historic reforms were made in areas that had been the significant challenges in securing our water future thought too difficult for too long. since inflows dramatically reduced in 2006. The government is working to assist Victorians to recycle As I am sure members found throughout 2008 as the water, to use less where possible and to expand the government legislative program proceeded and as water grid throughout the state, in addition to issues were debated during sitting weeks, there was identifying new sources of water through savings. That satisfaction to be had from working with community is progressing apace and it is certainly heartening to see groups and individuals with concerns or difficulties that happening. where they needed the assistance of government or their local member. Non-government members also, I Where I live in Ballarat the daily reports in the local am sure, get a great deal of satisfaction, as I do, in newspaper about the catchment levels state that they are assisting people with their problems. going up, which is wonderful news because they were very low prior to the super-pipe connection. It was a In 2008 we started off with the statement of great day when it was switched on at White Swan government intentions, and a great deal occurred Reservoir. throughout the rest of the year. Likewise 2009 will be a big year for members in this place. The annual The government has acted in all areas of government statement of government intentions outlines four main responsibility. Of particular interest to many Victorians areas of priority for the government over the coming ANNUAL STATEMENT OF GOVERNMENT INTENTIONS

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12 months. They will be demonstrated here and work done with the commonwealth government, early throughout the state as we go about our other work. childhood education has become a significant focus of our efforts. In his statement the Premier talked about the four themes of the program: new jobs; a fair go for families; I have enjoyed working with a group of very dedicated greater livability in our cities, suburbs, towns and rural educators in Ballarat who are associated with Link Up, communities; and environmental sustainability. This is which is a program that assists young mothers — quite now greatly overshadowed by relatively recent events young mothers in some cases — in their education. in the global financial system. We will all be tested Their objective is to assist those mothers in gaining an much more this year as the economic downturn being education to a point in time when their baby enters the predicted by the economists affects our constituents. education system some five or six years later. That is a good illustration of how we can assist people, through a In health and education we will continue to deliver in flexible approach to education, to keep their options 2009 on the commitments given in the Victorian open throughout their lives and to continue their transport plan a couple of months ago and to strengthen education despite their changed family circumstances. I our communities, which will in some respects have look forward to continuing to work throughout the year their resilience tested. Victorians are very generous with the Ballarat Learning Exchange and the people people, and our communities are strong. All members involved in the Link Up program. would, no doubt, join me in expressing the wish that people look out for their neighbours, friends and loved In recent years we have seen a shift in education design. ones in these difficult times, take the extra step to be a Recently my colleagues the members for Ballarat West, little more compassionate and accessible, and be a little Karen Overington, and Ballarat East, Geoff Howard, less frantic as people are affected by economic both in the Assembly, the Premier, the Minister for circumstances from far afield. When a person loses Education and I visited the new school in Wendouree their job they suffer a massive social dislocation; that West. This school has an award-winning design, unlike places an enormous disruption on their family. It is the schools in which we would have all been educated. incumbent on all of us to help people stay in It is a truly spectacular school of the future. employment. The Rudd federal government’s economic stimulus Our economy is strong. We are on a very sound footing package, which was announced yesterday, will provide to face up to the global financial crisis. We have further school improvements with the building in every massive state and federal government investments — primary school of a new gymnasium, library or meeting Senate willing! — in infrastructure and job-creation room facilities, which will be wonderful. There are programs, many of which have very limited time lines schools throughout Victoria that are enjoying the to create economic stimulus and provide job benefits of the Building Futures program. Schools from opportunities for people in industries affected by Timboon to Horsham, and which I have been involved downturn. with, were invited to participate in the planning stages of the Building Futures program last year. They can The annual statement of government intentions points look forward to being part of the government’s out that we will be debating legislation to facilitate commitment to rebuild, renovate or modernise every major transport projects, and we will, no doubt, be able school in the state. to have a robust debate about those projects at the time. The fast-tracking of projects for improvements to road One of the other themes of the statement is more livable and rail, school buildings and infrastructure in our communities. As part of our commitment to creating health system will certainly provide employment. As more livable communities we are connecting we heard in question time, in some severely communities through community buses, continuing our drought-affected communities, much to their great commitment to community safety and doing a great relief, employment has been created through pipeline deal of work in the area of appropriate development, projects. streamlining planning to ensure ongoing economic activity and doing a great deal of work with our One of the other themes of the statement is a fairer go regional communities to assist in their planning. for families. In Victoria we have many different types of families — young families and old families; they The final theme of the statement is climate change and reflect the very diverse makeup of our community. the green economy. As Victoria faces difficult Early childhood education is something we talk about a economic times it is essential that we seize the lot in this place; I am very pleased that through the opportunities that emerge out of the growing green jobs EQUAL OPPORTUNITY AMENDMENT (GOVERNANCE) BILL

190 COUNCIL Thursday, 5 February 2009 market and that we are at the forefront of skills Victorian Equal Opportunity and Human Rights Commission development in this area. (‘commission’). In summary, the bill will: Finally I refer to the drought. It is still incredibly dry in many parts of our state. As we talk about enriching create a new full-time position of commissioner community experiences and providing good appointed by the Governor in Council for a renewable community facilities we must continue to assist our term of five years; communities in properly maintaining and developing provide that the commissioner will have control of the their sporting and recreational facilities, particularly in day-to-day administration of the affairs of the those drought-affected parts of the state. The repair of a commission in accordance with the policies, priorities football ground that cannot now be played on can and strategies determined by the board; provide massive relief to a community where the footy provide that the commissioner will chair a board with and netball clubs are the heartbeat of the community. between five and seven members;

It is Thursday afternoon, and everybody wants to go provide that board members will be appointed on a part-time basis by the Governor in Council on home. recommendation of the minister with a renewable term of five years; Honourable members interjecting. give the board a clear strategic oversight function and Ms PULFORD — Thank you, members. I look the power to make strategic decisions and to set the forward to hearing other members’ contributions on the organisation’s strategic direction; statement of government intentions when we return in a consistent with the board’s new strategic functions, couple of weeks. remove the board members’ complaint-handling functions and powers completely, and allocate Debate adjourned on motion of Mr VINEY complaint-handling powers and functions to the (Eastern Victoria). commissioner who can then delegate to appropriately skilled staff; and

Debate adjourned until next day. abolish the current chief conciliator/chief executive officer position. EQUAL OPPORTUNITY AMENDMENT Human rights issues (GOVERNANCE) BILL 1. Human rights protected by the charter that are relevant to the bill Introduction and first reading Right to privacy and freedom of expression Received from Assembly. Section 15(2) of the charter provides that every person has the Read first time for Hon. J. M. MADDEN (Minister right to freedom of expression, which includes freedom to seek, receive and impart information and ideas of all kinds for Planning) on motion of Mr Jennings. whether within or outside Victoria and in any medium. Section 15(3) provides that special duties and responsibilities Statement of compatibility attach to the right of freedom of expression under section 15 of the charter and the right may be subject to lawful For Hon. J. M. MADDEN (Minister for Planning), restrictions reasonably necessary to respect the rights and Mr Jennings tabled following statement in reputation of other persons, or for the protection of national accordance with Charter of human Rights and security, public order, public health or public morality. Responsibilities Act: Section 13 of the charter provides that a person has the right not to have his or her privacy, family, home or In accordance with section 28 of the Charter of Human Rights correspondence unlawfully or arbitrarily interfered with and and Responsibilities, I make this statement of compatibility not to have his or her reputation unlawfully attacked. with respect to the Equal Opportunity Amendment (Governance) Bill 2008 (‘bill’). Section 192 of the EO act requires certain people (e.g. members of the commission, the chief conciliator, a member In my opinion, the bill as introduced to the Legislative of staff of the commission and any other person acting under Council is compatible with the human rights protected by the the commission’s authority) to keep information secret where charter. I base my opinion on the reasons outlined in this that information concerns the affairs of any person that has statement. been obtained in the course of performing functions or duties or exercising powers under the EO act. Overview of bill Section 192 protects the right to privacy of people making The governance bill will amend the Equal Opportunity Act and responding to complaints of discrimination, vilification, 1995 (‘EO act’) to create a new governance structure for the EQUAL OPPORTUNITY AMENDMENT (GOVERNANCE) BILL

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sexual harassment and victimisation, by preventing the Second reading release of information concerning the affairs of any person in the course of (or as a result of) performing functions or duties Ordered that second-reading speech, except for or exercising powers under the EO act. Information concerning the affairs of any person that has been obtained in statement under section 85(5) of the Constitution the course of the commission’s education and research and Act, be incorporated on motion of Mr JENNINGS other functions is protected in the same way. (Minister for Environment and Climate Change).

Clause 5 of the governance bill inserts a new section 177 into Mr JENNINGS (Minister for Environment and the EO act. New section 177 re-enacts section 192 with the consequential amendments required to give effect to the Climate Change) — I move: creation of the commissioner position and abolition of the chief conciliator and chief executive officer position by this That the bill be now read a second time. bill. Incorporated speech as follows: New section 177 does not prevent the parties themselves from disclosing information. The clause prevents the recording, The Victorian Equal Opportunity and Human Rights disclosure or communication of personal information by the Commission (the commission) is the statutory body that commissioner, board members and staff of the commission administers the Equal Opportunity Act 1995 and has (and other specified people) unless it is necessary to do so for functions under the Racial and Religious Tolerance Act 2001 the purpose of, or in connection with, the performance of a and the Charter of Human Rights and Responsibilities Act function or duty or the exercise of a power under the EO act. 2006.

New section 177 engages the right to freedom of expression The first iteration of the commission was created in 1977 by including the freedom to seek, receive and impart information the Equal Opportunity Act 1977 which created the Equal and ideas of all kinds (section 15(2) charter) by making it an Opportunity Board and the Office of the Equal Opportunity offence for specified people to make a record of, disclose or Commissioner. The Equal Opportunity (Amendment) Act communicate certain information. 1993 made a number of structural and operational changes to the equal opportunity framework including replacing the However, the new section will be a lawful restriction Equal Opportunity Commissioner with a five-member Equal reasonably necessary to respect the rights and reputation of Opportunity Commission. other persons, in accordance with section 15(3)(a) for the following reasons: In June 2008, the former Public Advocate, Mr Julian Gardner, completed an independent review of many aspects of the The restriction will be lawful because it will be Equal Opportunity Act 1995 and issued his report: An contained in the Equal Opportunity Act 1995 as Equality Act for a Fairer Victoria. This report will inform a amended. major overhaul of Victoria’s equal opportunity law and the commission’s role over the next five years. The restriction protects the right to privacy and reputation in section 13 of the charter by restricting the This government has committed to acting on the An Equality disclosure of personal affairs where it is unnecessary to Act for a Fairer Victoria report to strengthen Victoria’s laws disclose that information. against discrimination and the capacity of the commission to take action against systemic discrimination. In particular, this The restriction is reasonably necessary because new government has announced that it is considering section 177 provides that the information may be implementing a range of reforms recommended in the report, recorded, disclosed or communicated if it is necessary to including transforming the commission from a do so for the purposes of or in connection with the complaints-handling body to one that acts on systemic performance of a function or duty or the exercise of a discrimination, researches, educates and actively helps people power under the act. to resolve discrimination disputes and to comply with the law; replacing the slow-moving paper-based complaints system Conclusion with early and flexible alternative dispute resolution to be provided by the commission; giving victims of discrimination I consider that the bill is compatible with the charter because a new choice to go straight to the Victorian Civil and although the bill engages the right to freedom of expression, Administrative Tribunal (VCAT) supported by external legal that right is subject to a lawful restriction. advice and assistance; creating a duty not to discriminate even in the absence of a complaint; providing protection from Hon. Justin Madden, MLC discrimination for the homeless, volunteers and people with Minister for Planning an irrelevant criminal record; and specifically requiring people to make reasonable adjustments for those with disabilities.

In February 2008, the government announced that it would develop legislation to amend the Equal Opportunity Act 1995 in a staged approach to the implementation of the government’s response to the recommendations arising from the Equal Opportunity Act review.

The introduction of the Equal Opportunity Amendment (Governance) Bill 2008 gives effect to this commitment by EQUAL OPPORTUNITY AMENDMENT (GOVERNANCE) BILL

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implementing those recommendations in the report that relate the recommendation of the minister with a renewable term of to the governance of the commission. This bill will create a five years. more efficient and effective governance structure for the commission and provide clearer lines of responsibility and The bill gives the board the power to determine the accountability. commission’s strategic direction and the general nature of activities to be undertaken by the commission in performing Since 2006 the Charter of Human Rights and Responsibilities its functions. The board will also set policies, priorities and has provided the commission with a new mandate in relation strategies for the commission in performing its functions. to a broad range of human rights matters, but the governance of the commission has not been amended to reflect these Consistent with the board’s new strategic functions, this bill additional responsibilities. The commission’s current removes the board members’ complaint-handling functions governance structure is ill-equipped to manage the functions and powers completely, and allocates complaint-handling of a commission with a broader focus on human rights and powers and functions to the commissioner who can then systemic discrimination as foreshadowed by the justice delegate to appropriately skilled staff as required. statement 2. This bill will increase the size of the board membership so that it has increased capacity to perform its Improved transparency and accountability functions under the charter and to manage a broader focus on human rights and systemic discrimination. The bill strengthens the independence of the commissioner and the board of the commission by including specific criteria The act does not currently clearly state the roles and for the removal from office of the commissioner and responsibilities of the part-time chairperson of the board of members of the board of the commission. the commission and the full-time chief conciliator and chief executive officer. The act is ambiguous around whether Rather than the Governor in Council being able to remove commission members operate as a board of governance or an appointees from office ‘at any time’ as is currently the case, advisory board. This bill will clearly state the roles and new criteria for removal from office will apply. For example, responsibilities of members and the commissioner. conviction for an indictable offence and insolvency will result in the commissioner or member automatically ceasing to hold I would now like to provide an overview of the main features office. The Governor in Council will have the discretion to of the bill. remove the commissioner or a member of the board of the commission from office for unexplained absence from three The commissioner consecutive meetings, misconduct, being incapable of carrying out the duties of office or personally committing a This bill will create a new full-time position of commissioner significant breach of an Australian equal opportunity or appointed by the Governor in Council for a renewable term of antidiscrimination law. These criteria are intended to support five years. This position will replace the current chief security of tenure while ensuring the flexibility for removal of conciliator/chief executive officer position although the the commissioner or a member of the board of the functions of the two positions will be different. The bill commission for prescribed reasons. provides that the commissioner will have control of the day-to-day administration of the affairs of the commission in A Governor in Council order will also be made to coincide accordance with the policies, priorities and strategies with commencement of this bill so that part 5 division 2 of the determined by the board. The bill also provides that the Public Administration Act 2004 (entitled ‘Governance commissioner will chair the board of the commission. The Principles’) will apply to the commission. This will ensure current chief conciliator/chief executive officer does not chair that the standard governance principles such as directors’ the board; the chair is one of the part-time members of the duties and accountability provisions that apply to other public board. entities will also apply to the commission and provide a sound governance and accountability framework for the A Governor in Council order will also be made to coincide commission. with commencement of this bill so that the commissioner is a public service body head for the purposes of section 16 of the The bill will commence on a date to be proclaimed, but no Public Administration Act 2004. This means that the later than 1 October 2009. commissioner may directly employ commission staff. The bill provides that commission staff will remain public sector Section 85 of the Constitution Act employees under part 3 of the Public Administration Act 2004. Mr JENNINGS — I wish to make a statement under section 85(5) of the Constitution Act 1975 on the The board of the commission reasons for altering or varying that section by this bill. The bill also reforms the board of the commission. The bill will increase the size of the board from five members to Section 211 of the Equal Opportunity Act 1995 alters or between five and seven members (including the varies section 85 of the Constitution Act 1975 to the commissioner who will chair the board). This increase in the extent necessary to prevent the bringing before the board’s size is warranted by the commission’s recent increase in functions under the Charter of Human Rights and Supreme Court of any action in relation to a complaint Responsibilities and the breadth of human rights and equal dismissed by the commission under sections 108, 110, opportunity issues within its mandate. 113, 117 or 123 of the Equal Opportunity Act 1995.

Members of the board of the commission will continue to be The effect of section 211 is to limit a complainant’s appointed on a part-time basis by the Governor in Council on right to pursue further legal action once the commission CRIMINAL PROCEDURE BILL

Thursday, 5 February 2009 COUNCIL 193 has dismissed a complaint where the complainant has CRIMINAL PROCEDURE BILL failed to request a referral to VCAT within 60 days of being advised by the commission of his or her rights of Introduction and first reading referral. The 60-day time limit provides a complainant with sufficient time to consider his or her options and to Received from Assembly. seek legal advice if necessary. It would create Read first time for Hon. J. M. MADDEN (Minister uncertainty and place an unfair burden on respondents for Planning) on motion of Mr Jennings. if matters that have been dismissed by the commission could be relitigated. Statement of compatibility

The bill inserts new section 211(2) into the Equal For Hon. J. M. MADDEN (Minister for Planning), Opportunity Act 1995 so that decisions of the Mr Jennings tabled following statement in commissioner pursuant to sections 108, 110, 113, 117 accordance with Charter of Human Rights and or 123 of the Equal Opportunity Act 1995 may not be Responsibilities Act: brought before the Supreme Court. This is required because complaints will no longer be dismissed by the I make this statement of compatibility with respect to the ‘commission’ under the Equal Opportunity Act 1995; Criminal Procedure Bill 2008 (the bill) in accordance with section 28 of the Charter of Human Rights and all complaint handling functions will rest with the Responsibilities (the charter). commissioner. In my opinion, the bill as introduced to the Legislative Section 211(c) of the Equal Opportunity Act 1995 Council is compatible with the human rights protected by the alters or varies section 85 of the Constitution Act 1975 charter. I base my opinion on the reasons outlined in this to the extent necessary to prevent the bringing before statement. the Supreme Court of any action in relation to a Overview of the bill complaint where a person has chosen another avenue under section 103 of the Public Sector Management The purpose of the bill is to overhaul existing criminal procedure laws — including summary proceedings, Act 1992 in relation to the same subject matter. It is committals, pretrial matters, trials and appeals — to ensure appropriate that this bill repeals section 211(c) because that criminal procedure is modern, accessible, coherent and the reference to the Public Sector Management Act easy to follow. 1992 and section 103 of that act is obsolete; the Public The bill clarifies Victoria’s criminal procedure laws by Sector Management Act 1992 has been repealed. rewriting current statutory provisions in a clear and concise manner and by consolidating and rationalising the criminal Incorporated speech continues: procedure laws from various acts and regulations into one piece of legislation. The order of the provisions follows, as This government has committed to strengthening Victoria’s closely as possible, the order of criminal proceedings. The bill equal opportunity framework and addressing systemic also abolishes a number of outdated and redundant barriers to equality. This commitment has been made in provisions. The bill is designed to maintain and further several Victorian government policies in recent years, enhance an environment in which criminal justice is including Growing Victoria Together 2, A Fairer Victoria administered fairly and efficiently. and both the 2004 and 2008 justice statements. The bill makes a number of policy changes to Victoria’s This bill creates a governance structure for the commission criminal procedure legislation. The key policy changes that reflects the breadth of the commission’s responsibilities relevant to this statement are referred to where necessary. under the Equal Opportunity Act 1995, the Charter of Human Rights and Responsibilities Act 2006 and the Racial and The bill is not a code. It is designed to operate in tandem with Religious Tolerance Act 2001. The bill also resolves some of good practices and processes that have been developed by our the operational challenges posed by the commission’s current courts over more than 100 years, and with other central pieces structure and means that the commission will be well placed of relevant legislation, such as the Evidence Act 2008. to implement the second stage of reforms arising from the An Equality Act for a Fairer Victoria report over the coming Human rights issues years. The charter includes a number of rights which are directly I commend the bill to the house. relevant to criminal procedure. Those rights were not created by the charter afresh. They reflect and reinforce rights in the Debate adjourned for Mr RICH-PHILLIPS (South criminal process that have been developed by the courts and Eastern Metropolitan) on motion of Ms Lovell. Parliament over a long period of time and have shaped the Victorian system of criminal procedure. These familiar and longstanding rights include, for example, the right to a fair Debate adjourned until Thursday, 12 February. hearing and the right to have convictions and sentences reviewed by a higher court. This bill does not seek to alter the CRIMINAL PROCEDURE BILL

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fundamental shape of Victoria’s criminal justice system, nor number of the bill’s provisions raise the right to recognition the procedural rights which underpin it. and equality before the law as, on their face, they provide for differential treatment between persons or groups of persons The bill also does not operate in a vacuum, but in a system based on the EOA attributes of age and impairment. where judicial officers exercise discretions and make orders in accordance with long-developed principles of fairness and Human rights law recognises that formal equality can lead to natural justice, and where the accused’s rights are often unequal outcomes and that to achieve substantive equality, protected by the active participation of defence practitioners. differences in treatment may be necessary. It also operates symbiotically with common-law powers and processes. All of these contributors need to be considered The bill provides special rules for the giving of evidence and when analysing this bill from a charter perspective. the cross-examination of complainants in committal proceedings for sexual offences if the complainant is a child At one level, every clause in this bill can be said to have or cognitively impaired. Clause 123 provides that a child or charter implications because each is a small part of a complex cognitively impaired complainant cannot be cross-examined process ultimately designed to provide a fair hearing of at a committal hearing. The bill also provides for shorter time criminal allegations to those accused of crimes, to victims of limits for holding committal hearings and filing indictments alleged crimes and to the community. (clauses 99 and 163) and there are time limits for holding trials in relation to sexual offences generally which will also This statement does not include analysis of every clause in the include such complainants (clause 212). bill, but instead identifies and reviews those clauses, groups of clauses and processes that genuinely raise substantive On their face, these provisions discriminate in that they give charter issues. As will be obvious, many of these issues protections to complainants who are children or who are involve balancing legitimate competing interests, including cognitively impaired which are not given to complainants different rights in the charter. who do not have those attributes.

That is not to say that existing procedures have been accepted Consideration of reasonable limitations — section 7(2) uncritically as being charter compatible. The development of this bill has required every process, whether re-enacted or However, the above limits on the right to equal protection of created, to be analysed for compatibility with human rights the law are clearly reasonable and justifiable in a free and and, throughout this statement, I will identify areas where democratic society for the purposes of section 7(2) of the changes have been made in order to improve compatibility. charter having regard to the following factors:

Human rights protected by the charter that are relevant to (a) the nature of the right being limited the bill Freedom from discrimination and the right of all people to be The principal rights under the charter relevant to the bill are: treated equally by the law regardless of age, impairment or physical features. section 24: fair hearing; and section 25: rights in criminal proceedings. (b) the importance of the purpose of the limitation

Additional relevant rights are: It is important that all relevant evidence is available to the court. Special protections are necessary to ensure that children section 8: recognition and equality before the law; and other vulnerable witnesses are able to give evidence in a section 12: freedom of movement; way that is appropriate to their particular disadvantage and section 13: privacy and reputation; minimises trauma and delay. Criminal proceedings relating to section 15: freedom of expression; a charge for a sexual offence can be particularly traumatic. section 17: protection of families and children; Clauses 8(4), 17, 23 and 24(3) recognise the importance of section 20: property rights; providing special protections to children and other vulnerable section 21: right to liberty and security of person; persons. section 23: children in the criminal process; section 26: right not to be tried or punished more than once; (c) the nature and extent of the limitation and section 27: retrospective criminal laws. The limitations are relatively minor in that they provide extra protections for a vulnerable category of witness, rather than For each right, clauses and processes in the bill that will have removing protections for others. an impact on that right are identified and analysed to determine whether they limit or restrict the right and, if so, (d) the relationship between the limitation and its purpose whether they are compatible with the right. Where a clause or process involves considering more than one right I have made The limitations are rationally and proportionately connected that clear. to the purpose of protecting and assisting witnesses of reduced capacity to ensure that relevant evidence is available Section 8: recognition and equality before the law to the court.

Section 8(3) of the charter provides that ‘[e]very person is (e) any less restrictive means reasonably available to equal before the law and is entitled to the equal protection of achieve the purpose the law without discrimination …’. ‘Discrimination’ refers to different treatment based on one or more of the attributes set There are no less restrictive means of achieving this purpose. out in section 6 of the Equal Opportunity Act 1995 (EOA), The provisions incorporate appropriate safeguards to ensure which include age, impairment and physical features. A that the limitations are no more restrictive than necessary. CRIMINAL PROCEDURE BILL

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(f) other relevant factors resulting loss of liberty requires an independent assessment to be made under the Bail Act 1977. These limitations are also relevant to rights that the accused enjoys including the right to examine witnesses in The bill also contains provisions that require an accused to section 25(1)(g) and the right to adequate time and facilities to attend at court, regardless of whether the accused is on bail. prepare a defence in section 25(1). As I discuss later in The bill clarifies existing law as to when an accused is relation to those specific rights, I consider that they are required to attend court. The word ‘attend’ is used when an sufficiently protected in the bill because the prohibition on accused must be physically present, whereas ‘appear’ is used cross-examination only applies at committal (not at, before or when a person is entitled to send a representative (clause 3). during trial) and because the court has a discretion to extend The bill strikes a careful balance to ensure that interference the time limits for trial to ensure that an accused has adequate with freedom of movement is limited unless genuinely time and facilities to prepare (clause 247). necessary. It provides general rules for each type of proceeding (summary, committal, trial and appeal) and broad (g) conclusion powers to require or excuse either attendance or appearance (clauses 329 and 330). The extent of the limitation is proportionate to the desirability of protecting vulnerable witnesses and ensuring that relevant The starting point in summary proceedings is that an accused evidence is available in criminal proceedings while still can appear and need not attend (clause 329). This is subject to maintaining the right to a fair hearing for the accused. the general power to excuse and a specific requirement that the accused attend at a contest mention (clause 55(4)). Section 12: freedom of movement Contest mentions are an important case management event Section 21: right to liberty and security of person and are best progressed with an accused being physically present at court. I have chosen to deal with these rights together as they raise issues which substantially overlap. Provisions that compel the For committal and trial proceedings, an accused is required to accused to attend court to answer to a charge or a witness to attend all hearings (clauses 100(2) and 246). This reflects the give evidence in criminal proceedings raise both of these more serious nature of the charges, but is still subject to a charter rights. general power to excuse. In appeals, the general requirement to appear applies, subject to the general power to excuse. The right to freedom of movement in section 12 of the charter is a basic human right. The right is not dependent upon any A number of clauses give the court power to issue a warrant particular purpose or reason for wanting to move or stay in a to arrest an accused (clauses 81, 80, 87, 268(2) and 330(4)). particular place and encompasses a right not to be forced to Each of the warrant powers is discretionary and move to, or from, a particular location. It includes freedom circumscribed and exists for a good reason, including: from physical barriers and procedural impediments such as prior notification or authorisation. However, it is also a right a proved failure of the accused to attend when required limited by necessity in many common situations. (e.g. clause 330(4));

Section 21 articulates a range of rights most of which relate to to ensure that an accused is aware of the charges that he the rights of persons detained or arrested. The bill is not or she faces (e.g. clause 80(1)(b)); and relevant to most of these rights which are addressed through other legislation and processes, most notably the Bail Act to secure the accused’s presence when the case cannot 1977 and the Crimes Act 1958. However, section 21(3) be progressed in their absence (e.g. clause 87(3)). affirms the important right not to be deprived of liberty except on grounds, and in accordance with procedures, established The above clauses do not limit the right to liberty as the by law. In the context of the bill, the right not to be deprived interference in each case will be on grounds and in of liberty raises similar issues to the freedom of movement accordance with procedures established by law. They do protections in section 12. The difference between the rights is prima facie restrict freedom of movement but reflect a careful that section 21(3) allows for the deprivation of liberty in balancing of the rights and interests of the accused, witnesses, accordance with procedures established by law, whereas victims and the community and are justifiable limitations on limits on freedom of movement must be justifiable limitations the right on the basis of the analysis below. under section 7(2). Witnesses and other persons Different considerations apply to provisions which impact on Several clauses impact on the right of persons involved in, or those accused of criminal offences and those who become who wish to attend, criminal proceedings to move to and involved in the criminal justice system in other ways, from or stay at the location of the proceedings. Clauses 11 primarily as witnesses. and 169, for example, provide for the place of hearing and The accused clauses 31 and 192 provide for the change of venue. The bill also provides for the exclusion of the public to maintain the An accused person’s loss of liberty is primarily determined privacy of certain information, for example, the under the Bail Act 1977 rather than under this bill. However, complainant’s evidence during committal proceedings in a the bill includes provisions which, both in conjunction with sexual offence case (clause 133(3)). the Bail Act 1977 and independently of it, can deprive an accused of liberty and impact on their freedom of movement. Witnesses may also be compelled to attend for the purpose of being examined or giving evidence in proceedings under Some clauses in the bill facilitate decisions being made under clauses 104, 129, 150, 151, 198, 318 and 336. Clause 134 the Bail Act 1977 pending, or during the course of, provides for the issue of a summons or a warrant to arrest for proceedings (e.g. clauses 265, 310, 323, 359 and 362). Any a witness to give evidence at a committal hearing. The Court CRIMINAL PROCEDURE BILL

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of Appeal’s general power to issue any warrant necessary for (g) conclusion enforcing the orders of the court under clause 324 also applies to witnesses. Although these clauses restrict the right to These are reasonable limitations of the right to freedom of freedom of movement, they are reasonable limits necessary to movement as the justice system would not be able to function facilitate criminal proceedings on the basis of the analysis if the court did not have the power to compel persons to below. attend and, where necessary, to be brought before the court to be tried or, in the case of witnesses, to give evidence. Consideration of reasonable limitations — section 7(2) Section 13: privacy and reputation The above limits on the right to freedom of movement (both for an accused and for witnesses) are reasonable and Section 13 requires that a public authority must not justifiable in a free and democratic society for the purposes of unlawfully or arbitrarily interfere with a person’s privacy, section 7(2) of the charter having regard to the following family, home or correspondence. The right to privacy factors: concerns a person’s ‘private sphere’, which should be free from government intervention or excessive unsolicited (a) the nature of the right being limited intervention by other individuals. An interference with privacy will not limit the right if the interference is neither The right to move freely within Victoria encompasses a right arbitrary nor unlawful. Arbitrariness will not arise if the not to be forced to move to, or from, a particular location and restrictions on privacy accord with the objectives of the includes freedom from physical barriers and procedural charter and are reasonable given the circumstances. An impediments. interference will not be unlawful if the law, which authorises the interference, is precise, circumscribed and determined on (b) the importance of the purpose of the limitation a case-by-case basis.

The limitations are important because they enable the court to Disclosure of private information by witnesses in court is an secure the presence of accused persons and witnesses who inevitable part of the criminal process. The privacy of may have relevant evidence and/or information in relation to witnesses is balanced against the need to obtain relevant criminal offences. The ability to secure the presence of the evidence and the public interest in court processes being open accused and relevant witnesses is essential to the effective to the public and able to be reported upon (which is an administration of the criminal justice system and the right to a important component of freedom of expression protected in fair hearing, which is a key charter right. section 15 of the charter). However, the bill recognises that certain types of information should be kept private and (c) the nature and extent of the limitation provides for the court to be closed to the public in committal hearings for sexual offences (clause 133(3)). The bill limits freedom of movement to the extent that: persons may be compelled to be physically present at court or This protection of privacy rights is not a consequential breach another location for a limited time to be tried for a criminal of freedom of expression. Section 15(3) authorises limitations offence or to give evidence; an accused may be detained or on freedom of expression which are necessary to respect the imprisoned pending proceedings; and persons may be rights and reputations of other persons. Section 24(2) excluded from the court when a complainant in committal (including the right to a public hearing) also confirms that proceedings for a sexual offence gives evidence. laws which exclude people (including media organisations) from hearings are not a breach of the right to a public hearing. (d) the relationship between the limitation and its purpose A more general power to close courts to the public is given to judges in other legislation (section 18 of the Supreme Court The limitations are rationally and proportionately connected Act 1986, section 80 of the County Court Act 1958 and to the purpose of ensuring the effective administration of the section 126 of the Magistrates’ Court Act 1989). justice system and the right to a fair hearing. The following specific provisions of the bill engage the right (e) any less restrictive means reasonably available to to privacy under section 13(a) of the charter because they achieve the purpose provide for the disclosure of personal information of witnesses by the prosecution to the defence. However, as There are no less restrictive means of achieving this purpose. discussed below, the bill introduces new procedures that enhance the privacy rights of witnesses. (f) other relevant factors Disclosure of witness details The court’s powers to issue warrants or take other steps to require attendance are discretionary. Importantly, the court Clauses 48, 114 and 186 allow the prosecution to delete does not issue a warrant to arrest in the first instance, rather, personal contact details of witnesses. Each creates an identical less restrictive measures are utilised unless a warrant to arrest regime in summary, committal and trial proceedings. The is necessary to secure the person’s presence at court. There court may require disclosure of those personal details. The are also relevant court practices that ameliorate any current equivalent provisions (clause 8, schedule 5, interference with freedom of movement, for example, the Magistrates’ Court Act 1989) do not include any reference to practice of allowing witnesses to leave the court temporarily privacy interests when the court decides whether to require if their evidence is not required immediately, and to release disclosure. The bill remedies this and privacy is now a witnesses once they have given evidence. mandatory consideration in relation to the disclosure of personal witness details both by the informant and the court.

Clauses 43, 119 and 187 provide mechanisms for the defence to request and the prosecution to provide details of previous CRIMINAL PROCEDURE BILL

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convictions of witnesses. Such convictions may well be of public order — hence, are lawful restrictions under relevant to the credibility of a witness and therefore important section 15(3). to an accused’s defence. The bill ensures that details must only be disclosed if the prior conviction is relevant and the When the Criminal Procedure Legislation Amendment Bill court has the power to make orders about disclosure of 2007 was before Parliament, the Scrutiny of Acts and convictions in individual cases. Regulations Committee raised the issue of whether not asking an accused if they wish to reserve their plea in a committal More generally, clauses 45 and 122 permit the prosecution to proceeding engages the freedom of expression. The refuse disclosure of any information to the accused where it committee noted that freedom of expression includes the would, or is likely to, identify a confidential source of freedom not to speak and that removal of the ability to reserve information, or endanger the lives or physical safety of a plea may limit that right by requiring speech in the form of a witnesses or persons involved in law enforcement. plea of guilty or not guilty.

These clauses engage but do not limit witnesses’ privacy The bill raises the same issues in that it requires the court to rights. The interference is not unlawful as it is provided for in ask the accused whether the accused wishes to plead guilty or law, will occur in circumscribed and precise circumstances, not guilty at the end of a committal proceeding (clause 144). subject to the court’s discretion or oversight. In my opinion, the process does not engage freedom of expression rights. Previously, a magistrate asked an accused Section 15: freedom of expression whether they wished to plead guilty, not guilty, or reserve their plea. Now, the magistrate does not indicate that the Section 15(2) of the charter provides that every person has the accused may reserve their plea but continues to ask whether right to freedom of expression which includes the right to the accused pleads guilty or not guilty to the charge. seek, receive and impart information and ideas orally, in writing, in print et cetera. The right encompasses a freedom In response to the question from the magistrate, an accused not to express. Section 15(3) qualifies this right. It provides may choose to answer or not answer. There is no mechanism that the right may be subject to lawful restrictions reasonably to compel an answer. A non-answer will be treated as a plea necessary to respect the rights and reputation of other persons of not guilty. Accordingly, to the extent that it can be said that or for the protection of national security, public order, public the charter right to freedom of expression is engaged by this health or public morality. process, it is not limited.

‘Public order’ is the sum of rules that ensure the peaceful and Section 20: property rights effective functioning of society. Effective criminal procedure laws are necessary to ensure the proper administration of Section 20 of the charter provides that a person must not be justice, to protect the parties to proceedings and to ensure that deprived of his or her property other than in accordance with they have a reasonable opportunity to present their case to the law. court. This is a key element of public order. Deprivation of property will be ‘in accordance with law’ The purpose of the bill is to regulate the initiation and conduct where it occurs under powers conferred by legislation of criminal proceedings, which inevitably requires pursuant to a law, which is formulated precisely and not interference with the format, time, place and manner of arbitrarily, or under a power to be exercised by a court on a expression of persons involved in the process. Laws regarding discretionary basis with associated procedural protections. the commencement and notification of proceedings; the form, content, filing and serving of documents; pretrial disclosure; Clause 336 allows a party to apply for a summons or and the conduct and determination of hearings and appeals subpoena. By this method, a person can be compelled to are necessary for the operation of criminal proceedings and come before a court and produce items of property. However, for the protection of other human rights. the courts have developed protections which allow a person to object to providing any item and ensure that the person is not Many clauses require the prior approval of the court (by deprived permanently of an item under this process, but only leave, review or notice) before expression. For example, for the time that the property is needed in the criminal notice is required prior to the presentation of expert or alibi proceeding. A similar power is given to the Court of Appeal evidence (clauses 50, 51, 189 and 190) and to address the under clause 317 for limited purposes and only where ‘it is in court or call evidence not previously disclosed (clauses 65, the interests of justice’. These restrictions are prescribed by 73, 233 and 236). law, are not arbitrary and incorporate procedural protections. They therefore do not limit section 20. Some clauses compel persons to express information for evidential purposes, for example, clauses which provide for There are also a number of clauses that promote this right by the issue of subpoenas and witness summonses (clause 336); ensuring that property taken from a person is both protected disclosure (clauses 35–51, 107–117, 185–190, 317 and 318); (clause 312 which protects property from being destroyed and for the compulsory examination of witnesses during an appeal period) and available to be returned (clauses 104–106, 152 and 198). Other clauses in the bill (clauses 34 and 157 which enable the return of seized compel expression for procedural purposes such as: to notify property on request). an accused of the commencement of proceedings (clause 13); to inform the juries commissioner as to the need for a jury Section 24: fair hearing (clause 248); to inform the court of counsel’s intention to appear for an accused (clause 249); and to prove service Section 24 of the charter guarantees the right to a fair and (clause 347). public hearing. As I noted at the beginning of this statement, almost every provision of the bill engages the right at some These clauses are plainly necessary for the proper level. For the reasons earlier discussed, I have focused on administration of the criminal justice system — a key element CRIMINAL PROCEDURE BILL

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those clauses and processes in the bill which genuinely raise In summary proceedings clauses 50 and 51 require the substantive charter issues. accused to give notice of evidence of alibi and expert evidence seven days before a contest mention hearing or What amounts to a ‘fair hearing’ takes account of all relevant summary hearing. At trial the same notice has to be given 14 interests including those of the accused, the victim, witnesses days before trial. and society. For example, it may be in the interests of an accused to know the addresses, telephone numbers and The reasons for notice are both principled and practical. As a particulars of previous convictions of witnesses. However, matter of principle, a central goal of the criminal process is clauses 48 and 114 (which allow such information to be truth finding and to allow expert or alibi evidence to be given withheld from the accused for privacy and safety reasons) do without a reasonable opportunity for the prosecution to test it not breach the right to a fair hearing because they reflect an could well defeat that goal. From a practical perspective, if overall balance of competing interests. such evidence is called without notice, the prosecution would usually be granted an adjournment to properly investigate and Section 25 of the charter sets out specific minimum rights in respond to such issues, resulting in wasted court resources. criminal proceedings and gives much of the content to the section 24 right to a fair hearing. Most ‘fair hearing’ issues fit Clauses 55 (for summary proceedings), 125 (for committal within a specific right in section 25 and I have chosen to proceedings) and 179 (for trials) give the court the power to analyse them in that way in this statement, while bearing in hold hearings for case management purposes. Such case mind the overall right to a fair hearing. However, observance management is critical to ensuring that court resources are of the requirements of section 25 may not always be sufficient efficiently used and directed at issues that are genuinely in to ensure the fairness of a hearing under section 24. There are dispute. In order for those hearings to be effective, the bill two issues which I have chosen to analyse as ‘fair hearing’ gives the court the power to request (but not require) issues on that basis. information about, for example, the evidence that the accused intends to call, the issues in dispute and special requirements Defence disclosure for witnesses. These powers are carefully structured not to interfere with the right to a fair hearing and to strike an A number of clauses require the defence to give information appropriate balance. to the court or the prosecution before a summary hearing, committal hearing or trial. These requirements already exist Clauses 182 and 183 (re-enacting sections 6 and 7 of the (in the Magistrates’ Court Act 1989 and the Crimes (Criminal Crimes (Criminal Trials) Act 1999) create an Trials) Act 1999) and the bill does not create any significant information-sharing regime for cases going to trial. The new obligations or powers. However, provisions which prosecution must file and serve a prosecution opening require the accused to give information before hearing need to outlining the case against the accused, including the ‘acts, be considered to ensure that they are not incompatible with facts, matters and circumstances’ relied on. The accused must either the right against self-incrimination or the right to be then respond by identifying which of those ‘acts, facts, presumed innocent. matters and circumstances’ the defence takes issue with.

The defence disclosure provisions fall into two categories. This regime is important in narrowing the issues at trial to First, provisions requiring an accused to give the prosecution make sure that valuable court and jury resources are carefully notice of evidence to be called at trial (alibi evidence in used. However, clause 183 does not abrogate the clauses 51 and 190, and expert evidence in clauses 50 and common-law right to put the prosecution to proof on each 189). Secondly, provisions which require or request the element of the offence. accused to give information to the court for case management purposes (clauses 55, 183 and 200). Power to order legal representation

I do not consider that any of these provisions limit the right Clause 197 raises a number of charter rights and represents a against self-incrimination because they do not require an balancing between rights, which, in my opinion, has the accused person to give evidence or to confess guilt. Similarly, ultimate effect of enhancing fair hearing rights. these provisions do not limit the right to be presumed innocent because they do not involve any reversal of the Clause 197 re-enacts section 360A of the Crimes Act 1958. It ordinary burden of proof on the prosecution. prevents the court from staying or adjourning a trial because an accused has been refused legal assistance. It was enacted to Having concluded that these specific rights are not limited, I deal with problems highlighted in the High Court’s decision have considered whether defence disclosure provisions might in R v. Dietrich (1992) 177 CLR 292, in which it was held limit the more general right to a fair hearing under section 24. that if the trial judge forms the view that a fair trial is unlikely I am aware that in Hamilton v. Oades (1989) 166 CLR 486 at because of the accused’s inability to obtain legal 499, the High Court indicated that at common law the right to representation, a stay of proceedings may be ordered. This a fair trial does not encompass a right not to disclose one’s can create a stalemate if legal aid is refused in a case where defence. I have nonetheless chosen to analyse them against the court considers that legal assistance is necessary to ensure the more general right to a fair hearing. That is because it is at a fair trial. Clause 197 creates a circuit breaker for this least arguable that some forms of compulsory defence problem by empowering the court to order Victoria Legal Aid disclosure could breach the right to a fair hearing under to provide legal assistance to an accused. commonly accepted due process principles, informed by the charter rights discussed above. However, for the reasons that Before making such an order, the court must be satisfied that follow, I have concluded that the defence disclosure the accused cannot afford the full cost of private legal requirements in the bill do not limit the right to a fair hearing. representation. It would be inappropriate for the prosecution to be actively involved in such determinations and, as a result, the bill requires the defence to satisfy the court of the CRIMINAL PROCEDURE BILL

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accused’s inability to afford representation. This onus on the I consider that an evidential burden will not ordinarily give accused does not breach the right to be presumed innocent as rise to a limit upon the right to be presumed innocent. An it does not relate to an element of an offence. evidential burden can be an entirely appropriate way of ensuring that a criminal hearing only deals with issues that are Clause 197 ensures that charges are resolved by a jury rather genuinely open on the evidence available. In relation to than being stayed due to lack of representation. It does so by clause 72 specifically, I note that it does not require an empowering a court to order legal assistance which in turn accused to give or call evidence but merely to point to enhances access to legal representation. That strikes the evidence available to the court (whether it forms part of the correct balance and does not limit the right to a fair hearing. prosecution or defence case). It also only applies to an In order to ensure that it is not taken as a provision overriding exception, exemption, proviso, excuse or qualification, the charter, the charter is expressly excluded from the phrase therefore focusing on true defences rather than core elements ‘despite any rule of law to the contrary’. of an offence, which remain the sole responsibility of the prosecution to prove. Section 25: rights in criminal proceedings On that basis, if an evidential onus is capable of limiting the Section 25 sets out detailed procedural rights in criminal presumption of innocence, I am satisfied that clause 72 does proceedings and I will address each substantive right in the not do so. context of the bill. Some of these are informational rights that require active steps to ensure compliance. I have identified (2) A person charged with a criminal offence is entitled where the bill takes such active steps. without discrimination to the following minimum guarantees — (1) A person charged with a criminal offence has the right to be presumed innocent until proved guilty according to (a) to be informed promptly and in detail of the nature law. of the charge in a language or, if necessary, a type of communication that he or she speaks or Section 25(1) protects the presumption of innocence, a understands; well-recognised civil and political right and a fundamental principle of the common law. It provides that a person Under section 25(2)(a) of the charter, a person charged with charged with a criminal offence is entitled to be presumed an offence is entitled to be informed of the nature and cause innocent until proven guilty of committing the offence of the charge in detail and promptly. The purpose of the charged. section is to ensure that the accused is told, in a timely manner, what he or she is charged with and why. This enables The presumption of innocence places the burden of proof on the accused to make decisions regarding how to plead, the prosecution to prove the guilt of the accused beyond whether to engage a lawyer, to make family and financial reasonable doubt. This usually means the prosecution must arrangements and so on. prove both the physical and the fault elements of an offence and disprove any exceptions or defences raised by the The bill ensures that at key points in a criminal proceeding accused. Reverse onus provisions, or laws that shift the there is an express obligation on the prosecution and the court burden of proof to the accused or apply a presumption of law to provide the details of charges and allegations. Beyond that, or fact against an accused, may breach the right. The bill the bill also provides for a disclosure regime in contested contains no such provisions. cases. I have considered the more extensive disclosure regime below in relation to the right to adequate time and facilities, However, clause 72 (re-enacting section 130 of the although it is relevant to this right as well. Magistrates’ Court Act 1989) places an evidential onus on an accused in summary proceedings. An accused who wishes to In relation to an initial charge in the Magistrates Court (and rely on an exception, exemption, proviso, excuse or the allegations underlying the charge), clauses 6(3), 13–17, qualification in relation to an offence heard summarily, must 21, 24 and 32 provide for appropriate levels of information to point to or present evidence that suggests a reasonable be given. In relation to indictments for trial, clauses 159(3) possibility of facts that, if they existed, would establish it. and 171 are relevant. The minimum requirements for the Once this happens, the prosecution bears the legal burden of detail that must be included in a charge are in schedule 1. disproving the issue beyond reasonable doubt. Clause 72 applies to both summary offences and indictable offences The service provisions in the bill are also designed to ensure triable summarily. However, in relation to indictable offences, that an accused actually receives notice of charges and an accused has the right to trial by jury, which will avoid the allegations (clauses 338, 339, 342–347). Underlying those application of clause 72. core provisions are well-developed common-law powers to ensure that adequate particulars of charges are given, and a There are competing views internationally as to whether the general power to adjourn proceedings (clause 331) which can imposition of an evidential onus amounts to a limit on the be used to remedy any lack of information. The bill also presumption of innocence. The Supreme Court of Canada has creates a new preliminary brief process in summary taken the approach that an evidential onus to raise a defence proceedings, which requires the prosecution to provide a does not limit the presumption of innocence because it does sworn statement of the allegations early in certain summary not require the accused to prove anything and does not reduce cases (clauses 35–38). the standard of proof on the prosecution. Similarly, the Court of Final Appeal in Hong Kong has generally regarded an The bill also includes an absolute requirement in all evidential burden as consistent with the presumption. In the proceedings where imprisonment is available, for an United Kingdom, it has been held that an evidential onus can, interpreter if an accused does not have sufficient depending on the circumstances, amount to a limit. understanding of the English language to understand the proceedings (clause 335). CRIMINAL PROCEDURE BILL

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There are a number of clauses in the bill that confirm and (d) the relationship between the limitation and its purpose regulate the power of a court in indictable proceedings (clause 239) and on appeal (clause 277) to convict an accused The limitation is rationally connected and proportionate to the of an offence other than the offence charged if it is an purpose of ensuring the efficient and fair operation of the alternative or lesser included offence. In summary criminal justice system. proceedings, this power only extends to an attempt to commit the offence (clause 76). (e) any less restrictive means reasonably available to achieve the purpose These provisions raise the accused’s right to be informed of the charge in that an accused is at risk of conviction of an There are no less restrictive means of achieving this purpose. offence which is not contained in a charge sheet or indictment. However, the power to convict of alternative (f) other relevant factors offences is a longstanding and important part of the criminal justice system and the courts have always been vigilant to At trial, the court has an express power to prevent a jury from ensure that proper safeguards are in place to protect the considering an alternative offence if the interests of justice interests of the accused. Those common-law safeguards require it (clause 240). On appeal, the sentence imposed for continue to operate and are supplemented by the statutory the alternative offence must be no more severe than the powers in the bill. The most important safeguard is that an original sentence imposed (clause 277(1)(c)). offence must be a true alternative to the offence charged; all of the elements of the alternative offence must also be (g) conclusion elements of the charged offence (see e.g. clause 277 which The limitation is proportionate to the desirability of ensuring sets out this requirement explicitly). At trial, the court has an the smooth and efficient administration of justice and fairness express power to prevent a jury from considering an to the accused. alternative offence if the court considers that the interests of justice require it. (b) to have adequate time and facilities to prepare his or her defence and to communicate with a lawyer A power to convict for alternative offences is important to the or adviser chosen by him or her; efficient running of the criminal justice system. If it did not exist then, where an alternative offence is clearly appropriate, The right to adequate time and facilities applies at all stages a charge would need to be relaid and the criminal process following the laying of a charge and through until final started afresh. Alternative offences can also assist an accused, determination of a charge. The purpose of the section is to particularly in a jury trial, by allowing for the possibility that a enable the accused to have his or her interests properly and less serious charge will be accepted as appropriate. adequately represented in order to make informed decisions Consideration of reasonable limitations — section 7(2) relating to the preparation of his or her defence.

These provisions raise and, on the face of it, limit an The principal ways in which the bill impacts on this right are accused’s section 25(2)(a) right to be properly informed in relation to time limits and disclosure. The bill does not promptly and in detail of the nature of the charge. However, raise any issues specifically relating to the right to in my opinion, they represent a justifiable and reasonable communicate with a lawyer or legal adviser, other than in limitation in a free and democratic society for the purposes of relation to the reduction of limitation periods in the Children’s section 7(2) of the charter having regard to the following Court where such communication is expressly facilitated factors: (clause 376).

(a) the nature of the right being limited Time limits within which, for example, a trial must be held, can, for obvious reasons, impact on the right to adequate time A person charged with a criminal offence has the right to be to prepare. What will be adequate will depend on the informed promptly and in detail of the nature and cause of the circumstances of each case and will vary depending on the charge. The right is directed to ensuring that an accused can stage of the proceedings, the complexity of the case and the make informed decisions with knowledge of the charges accused’s access to evidence, his or her lawyer and the time faced. limits prescribed by law.

(b) the importance of the purpose of the limitation The bill provides time limits at each stage of the proceeding — from the filing of a charge sheet (clause 7), The power to convict an accused of a different offence to the certain indictments (clause 163 sexual offences), and notice of one charged is important for the efficient and fair operation of appeal (clause 255); to the time for filing a hearing the criminal justice system. Where an alternative offence is (clause 99), committal mention hearing (clause 126), appropriate, it avoids a charge having to be relaid and the determining certain committal proceedings (clause 99); and criminal process started afresh and can assist an accused by for commencing trials (clauses 211 and 212). However, the allowing a conviction for a less serious charge. court retains broad discretions to extend or abridge time limits if the interests of justice require it both by way of a court’s (c) the nature and extent of the limitation inherent power to manage its own proceedings and specifically in the bill (clauses 19, 247 and 313). The accused is at risk of a conviction for an offence that is not contained in a charge sheet or indictment. However, the Proper disclosure of the prosecution case is important to limitation is not significant as the alternative offence must be ensure a fair hearing generally. The bill introduces better and a lesser included offence or a true alternative offence. more consistent prosecution disclosure in summary (clauses 35–49), committal (clauses 107–117) and trial proceedings (clauses 185–188). The disclosure provisions are CRIMINAL PROCEDURE BILL

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based on three basic principles: that disclosure should be full For example, clause 33 requires the court to grant an (comprising all material genuinely relevant to the charges adjournment to allow an unrepresented accused facing a including potentially exculpatory material); timely (to allow custodial sentence to seek legal advice. As discussed earlier, the accused to properly prepare); and ongoing (until and clause 197 permits the court to order Victoria Legal Aid to during hearing or trial). The bill also ensures that courts have provide legal representation for the accused and to adjourn the explicit powers to make rulings on disputes about disclosure. proceedings until representation is provided, if a fair hearing The bill now includes explicit statements that disclosure is a cannot otherwise be had. continuing obligation. It also now provides an express disclosure obligation in trials. The bill also contains clauses designed to assist an unrepresented accused. In particular, clauses 68 and 228 The bill protects justified restrictions on the accused’s access require the court to inform an unrepresented accused about to information in certain circumstances. For instance, their options to answer the charge, including remaining silent clause 48 allows the prosecution to refuse disclosure of or giving or calling evidence. information where to do so unreasonably encroaches on the right to privacy of a witness or may jeopardise law Section 25(2)(d) also entitles an accused to be tried in person. enforcement or the safety of relevant others including their Several clauses in the bill raise an accused’s right to be tried family members and clause 363 saves any existing legal in person as they allow summary proceedings to be justifications for refusing to disclose. All decisions by the determined in the accused’s absence (e.g. clause 80). Such prosecution to refuse disclosure are reviewable in court powers are needed to ensure that less serious charges can be (clauses 46, 125(1)(e) and 181(2)(i)). resolved where an accused chooses not to appear, with knowledge of the consequences of not appearing. However, This refined approach makes disclosure obligations, rights there are strict protections and safeguards to ensure that this and remedies clearer and more accessible and as a result step is only taken when appropriate. promotes the right to adequate time and facilities. Notice of the fact that the court can determine an indictable (c) to be tried without unreasonable delay; offence in a corporate accused’s absence must be given with a summons (clause 15). Only purely summary offences (not The right to be tried without unreasonable delay protected by indictable offences) can be determined in a (natural person) section 25(2)(c) of the charter reflects the common-law accused’s absence (clauses 80 and 81). The court retains the principle that justice delayed is justice denied. The section is option not to determine a charge in the accused’s absence intended to protect the right of the accused to examine (clause 80). There are additional safeguards in the form of the evidence led against them while the evidence can still be right to apply (and in some cases receive) a rehearing and tested and reflects the public interest in having criminal limitations on the court’s ability to impose certain sentencing offences heard and determined expeditiously. The bill does orders unless the accused is present (clauses 87 and 94). not contain any clauses that limit an accused’s right to be tried without unreasonable delay. Indeed, the time limits in the bill Clauses 135 and 136 allow a court to continue with a (discussed in the preceding section of this statement) are committal hearing if the accused applies to be absent, aimed at reducing delay and promoting the timely resolution absconds or has to be removed for disruptive behaviour. of prosecutions. However, under clauses 137 and 138 an absent accused cannot be committed for trial. The County and Supreme In addition, clauses 211 and 212 introduce time limits where courts have similar powers at common law, which are the Court of Appeal orders a new trial. A new trial must be exercised rarely and carefully. The bill does not alter those commenced within six months of the date of the order and powers. new trials in relation to sexual offences must be commenced within three months, unless those periods are extended by the Consideration of reasonable limitations — section 7(2) court. These procedures raise and, on their face, limit the Other initiatives in the bill are also designed to help to reduce section 25(2)(d) right to be tried in person. However, in my delay. These include the new notice to appear process in opinion they are a reasonable and justifiable limitation in a summary proceedings (clauses 21–26) and the introduction of free and democratic society for the purposes of section 7(2) of interlocutory appeals (clauses 295–301) which will help in the charter having regard to the following factors: avoiding unnecessary retrials, which cause significant delay. The bill also promotes and encourages the early resolution of (a) the nature of the right being limited issues before trial through clearer pretrial processes and powers (clauses 179–206). A person charged with a criminal offence has the right to be tried in person and to defend himself or herself either in (d) to be tried in person, and to defend himself or person or through legal representation. This is an important herself personally or through legal assistance right. chosen by him or her or, if eligible, through legal aid provided by Victoria Legal Aid under the Legal (b) the importance of the purpose of the limitation Aid Act 1978; and The limitation is important for the efficient operation of the The charter protects the right of an accused to be tried and to criminal justice system as it allows less serious charges to be defend himself or herself in person or through legal resolved where an accused makes an informed choice not to assistance. appear and for committal proceedings to continue in an accused’s absence. This provides certainty for the community Several clauses in the bill raise and promote the right of an and victims of offences. accused to defend himself or herself through legal assistance. CRIMINAL PROCEDURE BILL

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(c) the nature and extent of the limitation The restrictions on cross-examination relate primarily to committal proceedings. Committal proceedings involve a The court may hear and determine summary charges where preliminary examination to assess whether the accused should an accused is informed of the consequences and chooses not be committed for trial. Importantly, charges are not finally to attend. Also, committal proceedings may continue where determined in a committal proceeding. the accused absents himself or herself or has been removed. However, the limitation is relatively minor as it does not In relation to witnesses (other than children and cognitively prevent an accused from attending, rather allows the accused impaired witnesses in sexual cases), the bill provides for no to choose not to attend and only applies to purely summary cross-examination in a committal proceeding without leave. (not indictable) offences and committal proceedings (where Clauses 118–120 re-enact a regime created in the Courts charges are not finally determined). Legislation (Jurisdiction) Act 2006. That act reformed committal proceedings so that oral evidence is not given (d) the relationship between the limitation and its purpose unless it is relevant and justified having regard to the purposes of a committal proceeding (which includes ensuring a fair The limitation is rationally connected and proportionate to the trial). This was part of overall change to the committals purpose of ensuring the efficient operation of the criminal process to focus on achieving outcomes through a cooperative justice system. approach. It was aimed at reducing delays and identifying guilty pleas earlier in the process, without compromising (e) any less restrictive means reasonably available to fairness or accessibility. It does not restrict the right to achieve the purpose cross-examine at trial.

There are no less restrictive means of achieving this purpose. Clause 123 completely prohibits the cross-examination of The provisions incorporate appropriate safeguards to protect child complainants and cognitively impaired complainants in the interests of the accused as discussed above. sexual offence cases. The vulnerability of such witnesses clearly justifies the absolute rule against cross-examination at (f) other relevant factors committal. Such witnesses can still be cross-examined as part of the trial process through the special hearing procedures The court retains a discretion not to hear a charge in the outlined in sections 41G and 41H of the Evidence Act 1958. accused’s absence, there is an automatic rehearing right where an accused was not properly served and the court is not Clause 232 allows the trial judge to permit a witness to give permitted to commit an accused for trial or to impose certain evidence by audio or audiovisual recording or in any other sentences in the accused’s absence. manner. It is a discretionary and flexible case management tool to ensure that evidence is given in a way which best (g) conclusion assists a jury. Subclause (2) ensures that if unanticipated issues arise, the judge can order the witness to attend court. The limitation is proportionate to the desirability of ensuring This discretion already exists and will only be exercised in the smooth and efficient administration of justice. appropriate cases.

(e) to be told, if he or she does not have legal (h) to obtain the attendance and examination of assistance, about the right, if eligible, to legal aid witnesses on his or her behalf under the same under the Legal Aid Act 1978; and conditions as witnesses for the prosecution; and

A number of provisions have been added to the bill to ensure An accused’s right to obtain the attendance and examination that this informational right is complied with at key points in of defence witnesses ensures that the accused and the the criminal process. Those are when a charge is filed prosecution are placed on an equal footing with regard to (clause 13), when a person is committed for trial summonsing and examining witnesses. The bill promotes this (clauses 110(1)(a)(iv) and 144(2)) and when a direct right, providing that an accused may apply for a witness indictment is served (clause 171(1)). In addition, the summons or a subpoena (clause 336) to compel a person to requirement applies where an unrepresented accused appears attend to give evidence or produce documents, a broad power to defend themself against a charge for an offence punishable to allow evidence to be taken before trial on the application of by imprisonment (clause 33). either party (clause 198) and a power to order that evidence be taken following committal (clauses 149–152). (g) to examine, or have examined, witnesses against him or her, unless otherwise provided for by law; Clause 104 provides for the Magistrates Court to make an and order for a compulsory examination hearing in a committal proceeding if satisfied that it is in the interests of justice to do Section 25(2)(g) effectively creates a presumption of so. The application can only be made by the prosecution and I cross-examination, to ensure that the accused has an adequate have considered its compatibility with this right. opportunity to challenge and question a witness who will give or has given evidence against him or her. The clause lists a number of factors that the court must consider, including whether the witness has refused to make a The right to cross-examine prosecution witnesses is qualified statement and whether the witness is or has been a suspect in by the words ‘unless otherwise provided by law’. This relation to the matter. These factors highlight the investigative recognises that there can be good reasons for departing from purpose of the process, which is designed to deal with the general rule but that they must be prescribed by law and witnesses who will not otherwise provide information. If, be carefully designed to ensure an appropriate balance after a compulsory examination, the prosecution wishes to between competing interests. The restrictions on rely on the evidence of the witness, the accused can apply to cross-examination in the bill meet these criteria. cross-examine the witness at the committal hearing. There are CRIMINAL PROCEDURE BILL

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also safeguards in the compulsory examination process itself Clauses 60–61 and 207–209 provide for sentence indications. so that the accused is notified of a hearing and may attend. When the Criminal Procedure Legislation Amendment Bill 2007 (which introduced sentence indications) was before Although there is no precisely equivalent process for an Parliament, the Scrutiny of Acts and Regulations Committee accused, the bill provides (as noted above) processes to allow raised the issue of whether sentence indications will compel the accused to secure the attendance of witnesses at the key an accused to plead guilty. When considering sentence stages of the criminal process on the same basis as the indications, the Sentencing Advisory Council considered this prosecution. The ability to apply for evidence to be taken after issue and tailored its recommendations to operate in a way committal is in fact only available to the accused that would not result in any compulsion or improper (clauses 149–152). On an overall assessment, I do not inducement. Under the bill (which follows the existing consider that the accused is disadvantaged by comparison to legislation), a sentencing indication may only be given where the prosecution because of a lack of access to the compulsory the accused has sought an indication and the accused is free to examination process. choose whether to seek an indication. The bill is consistent with the council’s recommendations and I remain of the view For these reasons, I conclude that the compulsory that in this regard, the bill is compatible with the accused’s examination process does not limit the right to obtain the right not to be compelled to plead guilty. attendance and examination of witnesses under the same conditions as the prosecution. I have based that conclusion on (4) Any person convicted of a criminal offence has the right an assessment of all of the accused’s opportunities to obtain to have the conviction and any sentence imposed in the evidence of witnesses contained in the bill. respect of it reviewed by a higher court in accordance with law. (i) to have the free assistance of an interpreter if he or she cannot understand or speak English; and The bill provides comprehensive appeal rights to the County Court from the Magistrates Court against conviction and The bill includes an absolute requirement in all proceedings sentence on a de novo basis. The superior court takes a fresh where imprisonment is available for an interpreter if an plea and rehears all of the evidence in this process. accused does not have sufficient understanding of the English Clause 283 provides an additional avenue of appeal to the language to understand the proceedings (clause 335). There Court of Appeal for a person sentenced to a term of are no clauses that limit this right. imprisonment on appeal in the County Court (having received a non-custodial sentence in the Magistrates Court). Finally, an (k) not to be compelled to testify against himself or accused can choose instead to appeal on a question of law to herself or to confess guilt. the Supreme Court from the Magistrates Court (clause 272). This right of appeal provides an avenue for the accused who I have already discussed the relevance of this right in the wishes to have a legal error corrected rather than the case context of defence disclosure in relation to section 24 (fair reheard. The County Court has the power to award costs hearing). There are no clauses that limit this right but there are where an appeal is dismissed or struck out and was brought three issues that arguably raise it, namely diversion, case vexatiously, frivolously or in abuse of process (clause 354). I conferences and sentence indications. have considered whether this may limit the right to appeal by acting as a disincentive. However, given the restriction to Clause 59 provides that the Magistrates Court may adjourn a appeals brought vexatiously, frivolously or in abuse of proceeding to allow an accused to undertake a diversion process, it will not have that effect. program. This clause applies to less serious driving offences involving alcohol or drugs where the accused acknowledges The bill also provides comprehensive appeal rights to the responsibility for the offence. The requirement to Court of Appeal from the County Court or Supreme Court acknowledge guilt raises the right not to be compelled to against conviction and sentence. These appeals are conducted confess guilt. However, clause 59(3) provides that this on a review basis, focusing on identifying error in the primary acknowledgement is inadmissible as evidence in a proceeding proceedings rather than rehearing a case afresh. Clause 3 for that offence. If the accused completes the program and is clarifies the proceedings from which appeals can be taken to discharged, subclause (4)(d) confirms that the accused cannot the Court of Appeal by adopting a wide and inclusive be charged with the offence again. definition of ‘originating court’. This will resolve possible ambiguity in the current law about the availability of appeal In light of these safeguards, and the benefits to the accused rights. and the community of a successful diversion process, any limitation of the right not to be compelled to confess guilt Section 580(2) of the Crimes Act 1958 allows the Court of would be justified. However, there is no compulsion to plead Appeal to summarily dismiss an appeal against conviction. guilty in this process and the right is not limited as a result. That power is obsolete and inappropriate in light of the charter and is not re-enacted in the bill. The bill provides for case conferences to be held in both summary and committal proceedings (clauses 54 and 127). Leave to appeal provisions However, in order to ensure that an accused is not at risk of making statements against interest, the bill provides that the An accused requires leave to appeal to the Court of Appeal content of those conferences are inadmissible in any hearing against both conviction and sentence. This raises the issue of of the charge (clauses 54(7) and 127(3)). An accused is not whether a requirement for leave is compatible with the charter compelled to admit guilt or testify, and the risks associated right to review of conviction and sentence. This is a question with the process are ameliorated by the evidential protections. that needs to be considered in context and will depend on the As a result, these clauses do not limit the right in nature of the leave process and the practices and principles section 25(2)(k). developed by the Court of Appeal. I consider that the requirement to seek leave to appeal does not result in an CRIMINAL PROCEDURE BILL

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appeals system that is incompatible with the charter. That is Children are entitled to special protection because of their primarily because of the processes that the Court of Appeal vulnerability as minors. The charter recognises two categories has adopted in relation to leave for both conviction and of children involved in the criminal process that hold specific sentence appeals. rights in addition to the rights which apply to all people. Those are children accused of criminal offences (sections 23 For conviction appeals, applications for leave are determined and 25(3)) and children who are witnesses (particularly on the basis of the merits of the appeal. There is ordinarily no complainants) in criminal proceedings (section 17(2)). second hearing if leave is granted. If leave is refused, that is Provisions that raise the rights of accused children and child based on a reasoned consideration of the merits. The Human witnesses are considered in turn below. Rights Committee of the United Nations has confirmed that where leave to appeal is determined in this comprehensive Children charged with offences manner then a system requiring leave to appeal can be consistent with a right to review. I consider that is the case in Victoria has a comprehensive regime to protect the rights of Victoria. children in the criminal process and a best practice system for the punishment of young offenders, embodied in the For appeals against sentence, the requirement for leave to Children, Youth and Families Act 2005 (CYFA). Criminal appeal is also compatible with the charter, but for different charges against children are primarily dealt with in the reasons. A single judge of appeal ordinarily hears applications Children’s Court, which uses its own modified criminal for leave to appeal. However, an accused has an absolute right procedure rules. to have a refusal of leave by a single judge referred to the Court of Appeal itself (clause 315(2)). The Court of Appeal The bill makes two relevant amendments to the CYFA that has also adopted a practice of full review of the merits when engage the rights under the charter discussed above, namely determining applications for leave to appeal against sentence, reducing the limitation period for summary offences and whether by a single judge or the Court of Appeal itself. providing for joint committals.

The bill will allow a single judge of appeal to refuse leave to Clause 376 inserts new Part 5.1A in the CYFA. The part appeal against sentence by an offender if there is no shortens the time limit for filing charges for summary reasonable prospect of the sentence being reduced on appeal offences in the Children’s Court from 12 to 6 months, with (clause 280). This is a sensible case management tool to avoid the power to order a six-month extension. This reduction is the time and expense of fruitless appeals. However, any designed to ensure that children are dealt with as quickly as refusal of leave on that basis can be referred by the appellant, possible in order to reduce delay-related anxiety and stress. as discussed above, to the Court of Appeal under Timely resolution of charges increases the prospects of clause 315(2). successfully intervening in offending behaviour. The clause engages and promotes the section 23 right of an Section 17: protection of families and children accused child to be brought to trial as quickly as possible and Section 23: children in the criminal process the section 25(3) right for special procedures that take account Section 25(3): rights in criminal proceedings (accused of the child’s age and the desirability of promoting the child’s children) rehabilitation.

Children involved in criminal proceedings are afforded The court may allow a charge to be filed up to 12 months special protections under the charter. To avoid repetition, after the alleged offence if it is justified on the basis of sworn these are considered together below. evidence. Mandatory criteria ensure that extensions of time will be granted only when appropriate. The limit can also be Section 17(2) provides: extended by consent which can only be given after legal advice is obtained. Every child has the right, without discrimination, to such protection as is in his or her best interests and is needed Clauses 373 and 377 of the bill amend the CYFA and the by him or her by reason of being a child. Magistrates’ Court Act 1989 (MCA) to allow for a joint committal proceeding where a child and an adult are charged Section 23 provides: in relation to the same offence, in certain limited circumstances. The bill inserts mirror provisions in the CYFA (1) An accused child who is detained or a child (section 516A) and in the MCA (section 25(3) and (4)) to detained without charge must be segregated from allow for this procedure. A joint committal raises the accused all detained adults. child’s right to be treated in a way that is appropriate for his or her age. Joint committals avoid duplication of proceedings, (2) An accused child must be brought to trial as save witnesses from having to give evidence twice and help quickly as possible. to reduce delay.

(3) A child who has been convicted of an offence must The procedure is only available where the relevant charges be treated in a way that is appropriate for his or her cannot ultimately be determined in the Children’s Court, age. including murder, attempted murder, manslaughter, arson causing death or culpable driving causing death. The child Section 25(3) provides: accused must be over 15 years of age and the court must be satisfied that the charges against each accused would A child charged with a criminal offence has the right to a ordinarily be tried together in the County Court or the procedure that takes account of his or her age and the Supreme Court. desirability of promoting the child’s rehabilitation. CRIMINAL PROCEDURE BILL

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Both courts must agree that joint committal proceedings are Section 27: retrospective criminal laws appropriate in the particular case, having regard to the age and ability of the child, the effect on victims and the estimated Nothing in the bill raises the right to be protected from duration of the proceedings. There may be other important retrospective criminal laws. The bill does not currently matters to consider, for example, the availability of include transitional provisions as there will be a follow-up bill appropriate remand facilities for children in the Magistrates containing those and consequential amendments. I will Court and the bill includes a broad discretion to have regard include consideration of section 27 at that time to ensure that to any other relevant matter. Finally, at the committal hearing the transitional provisions are compatible. the provisions of the CYFA apply, as far as practicable, to the child accused. Justin Madden, MLC Minister for Planning These safeguards will ensure that joint committals will only be ordered when adequate protections for the child exist in the Second reading particular case. Accordingly, I do not consider that the joint committals procedure limits any of the protective rights under Ordered that second-reading speech, except for the bill. statement under section 85(5) of the Constitution Child witnesses Act, be incorporated on motion of Mr JENNINGS (Minister for Environment and Climate Change). The bill provides for differential treatment of children as compared to adults where a child is a witness or a Mr JENNINGS (Minister for Environment and complainant in sexual offence proceedings. The purpose of Climate Change) — I move: these provisions is to protect them from unnecessary trauma and delay. These provisions were discussed earlier in the That the bill be now read a second time. context of the charter section 8 right to equality and protection against discrimination. They promote the rights of children Incorporated speech as follows: protected in the charter.

Segregation The development of Victoria’s criminal procedure laws

Finally, clause 333 provides that the Magistrates Court may Victoria’s criminal procedure laws are a mix of common law return a child accused, who is already undergoing a sentence and statute law. At the time our laws were inherited from of detention, to a youth justice centre rather than remand them England, they were predominantly comprised of common in custody. This engages and promotes the right of accused law. The first Victorian act concerning criminal procedure children to be segregated from detained adults. was contained in the Criminal Law and Practice Act 1864. These laws did not cover every aspect of criminal procedure. Section 26: right not to be tried or punished more than once That act complemented the common law and primarily focused on providing legislative solutions to particular This provides that a person must not be tried or punished problems that had arisen with the operation of the common more than once for an offence in respect of which he or she law. has already been finally convicted or acquitted in accordance with law. Statute law has become increasingly important. The key piece of legislation is the Crimes Act 1958; it is closely based on There are no provisions in the bill that raise this right. The earlier consolidations. Before 1958, there were five pleas of autrefois convict and autrefois acquit (which are the consolidations at regular intervals which ensured the principal primary procedural protection of this right) are specifically act remained relatively coherent. The Crimes Act contains referred to in clause 220 (although the language has been provisions dealing with three main areas of law, criminal modernised). The right not to be punished more than once procedure, investigation powers and offences. does not apply to prevent prosecution appeals against sentence, or to increase a sentence on an appeal by an Fifty years and over 1500 amendments later, the Crimes Act accused. That is because an increased sentence on appeal is no longer logical or coherent. Many provisions are now involves substituting one sentence for another, not imposing a obsolete. Others are still relevant, but are incoherent. second sentence on top of the first. I also consider that, as the Successive amendments have made some provisions hard to Supreme Court of Canada has held in relation to an identical find and others difficult to understand. right, this right applies only after appeal proceedings are concluded (R v. Morgentaler [1988] SCR 30). It is time to overhaul and modernise Victoria’s criminal procedure laws. The bill removes consideration of ‘double jeopardy’ as a factor on DPP appeals against sentence. The DPP has the Problems with the current criminal procedure laws power to appeal against a sentence. Despite the fact that the There are a number of other significant problems with DPP may show that a sentence is manifestly inadequate, the criminal procedure laws. appeal court may currently decline to increase the sentence, or reduce the amount of any increase, because of what is The law is difficult to locate. Appeals to the Court of Appeal described as ‘double jeopardy’. The bill removes this as a are in the Crimes Act but appeals to the County Court are in factor on such appeals in order to ensure that inadequate the Magistrates’ Court Act 1989. Within the Crimes Act, sentences are corrected. This is different from the principle of between some procedure provisions, there are more than double jeopardy protected by the charter and does not raise 100 pages of legislation concerning matters such as taking section 26 issues. DNA and fingerprints. CRIMINAL PROCEDURE BILL

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Many laws are difficult to understand. Some provisions in the most of each court hearing. Early case preparation and Crimes Act are exactly the same as they were when they were discussion between the parties can avoid unnecessary court passed in 1864. Some laws were introduced decades ago to appearances and ensure that hearings focus on the most address a specific problem but it is no longer apparent what important issues. that problem was. This results in uncertainty about the law or new meanings being developed so that the provisions have Apart from being a large system in which offences are some meaning. prosecuted, criminal procedure laws provide the framework within which important matters are dealt with that can have The law is complex. Because our criminal procedure laws are significant impact on the lives of many people. Going to court located in different acts and have been developed and can be a major event in a person’s life. It is therefore amended separately, similar issues are dealt with differently important that criminal procedure laws recognise this impact. for no good reason. This bill minimises the impact of necessary procedures on victims, witnesses, jurors and the accused. Comprehensive review of criminal procedure Overview of the bill In recent decades, criminal procedure has been changing to recognise the needs of victims, reduce delay and use There are five key themes to the overhaul of criminal resources more efficiently and effectively. procedure laws in this bill.

While expectations and demands upon the criminal justice First, the bill consolidates existing criminal procedure laws. system have been increasing, the basic tools used by the Instead of being located in three different acts — the Crimes courts, police and legal practitioners, being criminal Act, the Magistrates’ Court Act and the Crimes (Criminal procedure laws, are no longer up to the task at hand. Trials) Act 1999 — these laws are in one bill. Therefore, the justice statement indicated that the Crimes Act and criminal procedure needed to be overhauled and Second, the bill harmonises criminal procedure laws. modernised. Procedures in different jurisdictions should be the same unless there are good reasons why they should be different. This is the first comprehensive review of criminal procedure in Victoria. The bill is the result of a substantial review Third, the bill abolishes redundant and obsolete provisions. conducted by the criminal law justice statement unit in the Department of Justice in consultation with the courts, legal Fourth, the bill rationalises the law by replacing multiple profession and Victoria Police. Throughout the course of the provisions with a single provision, such as the power to review, the criminal law justice statement advisory group has adjourn a proceeding. provided invaluable expert advice concerning problems that need to be addressed and solutions to those problems. I would Fifth, the bill modernises criminal procedure laws by: like to take this opportunity to thank the officers of the using plain English and clear and consistent Department of Justice and parliamentary counsel responsible terminology; for developing and drafting this bill, the members of the advisory group for their contribution and advice and the placing provisions in a chronological order; commitment of all concerned to improving our criminal procedure laws. adopting a consistent approach to whether provisions should form part of the body of an act, a schedule to an Objectives of this bill act or court rules;

Criminal procedure laws should be as clear, simple and using clearer drafting techniques including headings accessible as possible. which describe provisions better and notes to refer to other relevant definitions or provisions. There should be one integrated set of criminal procedure laws. As the use of plain English and clear and consistent terminology is important in understanding the bill, I shall now Criminal procedure laws need to be fair and effective. In discuss a number of these improvements. 2006, this government introduced the Charter of Human Rights and Responsibilities. To ensure that criminal Existing laws refer to the ‘defendant’ in the Magistrates Court procedure laws give effect to, and promote these rights and and the ‘accused’ in the County and Supreme courts. The bill responsibilities, the bill changes a number of existing laws refers to the ‘accused’ irrespective of the jurisdiction. This is particularly as they affect victims and the accused. Further, consistent with the approach used in the Charter of Human our criminal procedure laws aim to create an environment in Rights and Responsibilities and removes an unnecessary which the criminal justice system does not convict the distinction. innocent nor acquit the guilty. For proceedings in the County and Supreme courts, words Criminal procedure laws must support and promote an such as ‘presentment’, ‘further presentment’ and ‘counts’ efficient criminal justice system. Our courts deal with many have been replaced by ‘indictment’, ‘criminal record’ and cases each year. Case management practices need to create a ‘charge’ respectively. ‘Charge’ and ‘criminal record’ are used structure that provides sufficient certainty and consistency to in the same way in Magistrates Court proceedings. create an efficient system while providing sufficient flexibility to adapt to the individual needs of each case. The Crimes Act contains Latin and Norman French words. The bill uses modern English words. For instance, the bill Court time is valuable and court appearances can be replaces ‘nolle prosequi’ with ‘discontinuing a prosecution’ expensive. Case management processes need to make the and ‘autrefois acquit’ with ‘previously acquitted’. CRIMINAL PROCEDURE BILL

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The bill removes antiquated phrases such as providing that a Adopting the approach that there is one criminal proceeding person who pleads not guilty shall ‘be deemed to have put creates clarity and certainty. himself upon the country for trial’. When first introduced this provision removed the option of trial by ordeal and made trial Chapter 2.2 introduces the notice-to-appear process. by a jury mandatory instead. Despite trial by ordeal never Currently, an accused can be required to appear before the being an option in Victoria, this provision remains on the Magistrates Court by summons or arrest. The notice to appear statute book. process provides a third way.

Some existing provisions expressly state that parties have a There are significant delays in the filing of charges in some right to be heard, others do not. The development of summary matters. The notice-to-appear process provides a principles of procedural fairness means it is not necessary to simple and efficient method for requiring a person to attend refer to the right to be heard. For the kinds of procedures and the Magistrates Court for use in more straightforward cases. powers provided in this bill, this bill operates in accordance The notice will contain basic information including a brief with modern requirements of procedural fairness that a party description of the offence, when the person is required to has a right to be present and make submissions at a court attend court and contact details for the police officer or public hearing which concerns them. official. The notice must be served personally. Within 14 days of issuing the notice, the prosecution must decide whether to Structure of the bill file a charge sheet. This provides the prosecution with a short period to decide whether there is any reason not to proceed As I indicated earlier, the bill adopts a chronological approach with the charge. If the prosecution decides not to file a charge to criminal procedure. I shall refer to the most important sheet, they must notify the person within seven days and the aspects of chapters 2 to 6, 8 and 9 in some detail. Chapter 1 person is not required to attend court. deals with a number of preliminary matters, including definitions and the commencement of the bill. Chapter 7 The notice is not a charge and does not commence a criminal concerns references to the Court of Appeal on a petition for proceeding. mercy. The clause in chapter 7 does not significantly alter the existing provision in the Crimes Act. Chapter 3 — Summary procedure

Chapter 2 — Commencing a criminal proceeding Chapter 3 also provides that certain other matters flow from using the notice to appear. Currently a full brief is requested Chapter 2 indicates how a criminal proceeding may be in many summary cases because: commenced: by filing or signing a charge sheet in the Magistrates Court, filing a direct indictment or a court there is a lack of basic information about a case; direction that a person be tried for perjury. the prosecution and accused do not discuss the case at an Once a criminal proceeding has commenced, there may be a early stage; number of stages in that proceeding. For example, a criminal proceeding may be commenced by filing a charge sheet for an the accused is seeking a sentence indication. indictable offence in the Magistrates Court, followed by a committal proceeding, followed by a trial and appeal to the In some cases a full brief will be essential. For instance, the Court of Appeal. The bill proceeds on the basis that this is one charges may be contested, the prosecution case may be criminal proceeding, although the jurisdiction of different unclear or obtaining instructions from a client is difficult. By courts may be enlivened at different stages of the proceeding. improving the system, a full brief will be required less often. The structure of the bill reflects this approach. Chapter 2 deals If a notice to appear is issued and a charge sheet is filed, the with the commencement of a criminal proceeding and bill provides that the prosecution must prepare a preliminary subsequent chapters in the bill refer to matters that may be brief and serve this within seven days of filing the charge relevant to that proceeding at certain times. sheet. This will always be before the first court date. When a criminal proceeding commences may be relevant to Clause 37 sets out what must be contained in a preliminary both time limits and transitional provisions. In R v. Taylor brief. This early provision of information will assist in early [2008] VSCA 57 the Court of Appeal held that existing resolution of cases. A summary case conference must be held legislation did not create one continuous criminal proceeding, where a full brief is sought or the matter is to be listed for but a number of criminal proceedings could commence in the contest mention or summary hearing. The conference may prosecution of an accused for an offence. identify ways of resolving a case or the narrowing of issues or information sought as part of a preliminary brief. Because the bill operates on the basis that there is one criminal proceeding, this bill differs from existing provisions The benefits of the notice-to-appear process include reducing in a number of ways. For instance, clause 5 expressly delay in the commencement of proceedings, requiring indicates how a criminal proceeding commences. Clause 162 personal service of the notice and providing more information expressly provides that ‘the filing of an indictment other than to the accused at an earlier stage. a direct indictment does not commence a new criminal Realising the full benefits of these changes will require proceeding against the accused’. Clause 164 expressly cultural change in the prosecution, defence practitioners and provides that a fresh indictment does not commence a new the courts. The best ways of operating this system and proceeding. Clause 179 provides that the trial court may generating cultural change will be assessed through a pilot exercise directions hearing powers as soon as the accused has program. The pilot program will be in the Magistrates Court. been committed for trial. Clause 177 enables the DPP to This process will not be used in the Children’s Court. A discontinue a prosecution for an offence where an indictment different approach to address delay in the Children’s Court, has not been filed. CRIMINAL PROCEDURE BILL

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tailored to the needs of children and young persons, will be the case with trials. The Crimes (Criminal Trials) Act and the used which I will discuss later. Crimes Act both apply to trials but they are not integrated. As a result, the relationship between some provisions is unclear To ensure that there is proper disclosure of the prosecution and the governing legislation is complicated. case wherever it is required, the bill replaces the existing incomplete and inconsistent disclosure processes. The bill The bill defines when a trial commences as when ‘the also introduces consistency in the categories of disclosure accused pleads not guilty on arraignment in the presence of between summary, committal and trial proceedings. The idea the jury panel’. If an accused is arraigned and pleads guilty to that disclosure must be full, timely and ongoing underpins the the charge, then there is no trial because the accused has not new disclosure processes. disputed the prosecution’s allegation. With no dispute, there is no issue for the jury to determine. The bill provides better protection for the privacy of victims and witnesses who make statements for the prosecution. The The bill creates a more clearly defined pretrial regime for bill also creates simpler mechanisms for dealing with making decisions prior to the commencement of the trial and disagreements about whether there has been full disclosure of integrates this with the directions hearing process. It removes the prosecution case and clearly sets out the main grounds on existing limitations on when such decisions can be made, which the prosecution may refuse to disclose information. opening up the whole period between committal and trial for these purposes. Clearer processes and powers will assist the The harmonisation of disclosure processes, obligations and courts in managing cases more effectively and better indicate rights under the bill will make the law less complex, more to practitioners the types of matters that can and should be consistent and fairer. It will also be more efficient for determined before a trial commences. The bill provides prosecuting agencies in creating systems for disclosure for simple, flexible and effective case management powers and different types of proceedings. procedures.

Chapter 3 makes other improvements to summary Chapter 5.5 describes orders and other decisions that a court proceedings by clearly setting out the procedures to be may make. An order is one type of decision. The word followed in a summary hearing, including special provisions ‘decision’ is central to the operation of the new interlocutory concerning proceedings conducted in the accused’s absence. appeals process, which applies in relation to a ‘decision’ made by a trial judge. I shall discuss the interlocutory appeals Chapter 4 — Committal proceeding process later. However, it is important to note that the interlocutory appeals process complements the objective of There have been many significant reforms to committal the new pretrial case management regime of encouraging proceedings in the last 25 years. These reforms have included parties to raise issues well before a trial commences. new procedures, new powers and new approaches to deal with new challenges and a changing environment. The Courts The bill also provides: Legislation (Jurisdiction) Act 2006 introduced significant changes to committal proceedings. These reforms shifted the a new process which in certain circumstances will focus of committal proceedings from complying with enable an accused to admit in writing that they are guilty processes to achieving outcomes. of the charges in the indictment;

This bill clarifies, reorganises and modernises committal clear and express powers to support a trial judge in proceeding provisions. Chapter 4 now clearly sets out the assisting the jury to perform its often difficult task; different stages in a committal proceeding and how a case may proceed through the committal process. a new process to enable a trial judge to accept a plea of guilty after a trial has commenced and to enter a finding Clause 145 provides that upon committing an accused for that the accused is not guilty of the offence charged trial, the court must transfer all related summary offences to following a successful no case submission by the the court that will deal with the indictable offences. Currently accused at the close of the prosecution case; these charges are adjourned to be dealt with later. If the County or Supreme Court is conducting a plea for an a clear process and requirement that where there are two indictable offence, the court will also be able to deal with or more accused, if any of the accused wish to make a related summary offences at the same time. Further evidence no case submission, they must do so at the close of the may be called to determine the related summary offences, but prosecution case; and if this is not feasible or efficient, the court may remit the summary offences to the Magistrates Court. Clause 145 also that the antiquated mechanism where a person may be provides that where the prosecution and the accused agree, indicted to stand trial by a grand jury of ‘at least 23 men’ the Magistrates Court may decide not to transfer a related is abolished. summary offence to the County or Supreme Court. These reforms to the trial process provide clear, consistent This new process treats the criminal justice system as one and fair processes that will enable trials to proceed more integrated system. It is a flexible and more efficient process efficiently. and it will often be more appropriate for one court to deal with all related charges. Chapter 6 — Appeals and cases stated

Chapter 5 — Trial on indictment This bill introduces the first major changes to appeals in Victoria in almost a century. The Criminal Appeals Act 1914 As I indicated earlier, many statutory provisions are was based on the Criminal Appeal Act 1907 (UK). All developed at different times and in different places to address jurisdictions in Australia and some common-law countries specific problems with the common law. This is particularly followed these so-called common form appeal provisions, CRIMINAL PROCEDURE BILL

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although the United Kingdom replaced these provisions with appropriate test based on the likelihood of an appeal being new appeal provisions in 1995. successful. This will assist the court in managing its workload. Further, if the appellant disagrees with the (1) Appeals against conviction to the Court of Appeal determination by the single judge, the person may still appeal to the Court of Appeal. The bill simplifies the grounds of appeal against conviction, from a trial conducted in the County or Supreme Court, to the Section 568 of the Crimes Act also provides that on an appeal Court of Appeal. against sentence, the Court of Appeal must quash a sentence and substitute a different sentence if ‘it thinks that a different Section 568 of the Crimes Act provides three grounds of sentence should have been passed’. However, it has been appeal against a conviction. Where a person establishes one clear since the High Court decision in House v. The Queen of the grounds of appeal, but the prosecution shows that there (1936) 55 CLR 499 that the court’s power is not unfettered; a was no substantial miscarriage of justice, the Court of Appeal sentence may only be set aside if there was an error in the may apply a proviso and dismiss the appeal. sentencing process, which includes sentences that are manifestly excessive or manifestly inadequate. The bill The grounds of appeal and the proviso were drafted embeds this error principle, making the law clearer and more approximately 100 years ago. The meaning of some words in accessible. the provision is unclear and the provision is internally inconsistent. Differing judicial interpretations of section 568 (3) Prosecution appeals against sentence and its counterparts in other jurisdictions have arisen over the years. This occurred in the High Court decision in Weiss v. R The error principle that I have just discussed will also apply to (2005) 224 CLR 300, which added a level of complexity and prosecution appeals against sentence in the Court of Appeal. uncertainty to the application of the provision. This bill introduces a further change to prosecution appeals The provision and recent High Court authority also do not against sentence. The bill provides the DPP with the power to necessarily operate on the presumption that a trial before a appeal against a sentence. Despite the fact that the DPP may judge and jury was conducted fairly and in accordance with show that a sentence is manifestly inadequate, the appeal law unless the appellant shows that it was not. court may decline to increase the sentence, or reduce the amount of any increase, because of what is described as The bill addresses the fundamental problems that have ‘double jeopardy’. Clause 289 expressly provides that the plagued this provision. The bill will improve the operation ‘Court of Appeal must not take into account any element of and application of appeals against conviction to the Court of double jeopardy’ involved in sentencing an offender again. Appeal by: The bill does not exclude other matters that may be relevant to the Court’s determination of the appropriate sentence to removing the two-stage test and replacing it with a impose, such as where the error arises from the prosecution’s single-stage test; presentation of the case at the first sentencing hearing.

retaining the ‘substantial miscarriage of justice’ test for This is different from the principle of double jeopardy that a determining whether an appeal should be allowed or person should not be tried twice for the same offence; this bill refused. This is an appropriate test for determining when does not affect that principle. However, because a prosecution an appeal should be allowed; appeal against sentence involves sentencing a person for a second time, the reasons against limiting the increase in requiring the appellant to satisfy the court that the appeal sentence are described as involving ‘double jeopardy’. should be allowed. This existing common-law consideration can distort The new approach will mean that errors or irregularities in the sentencing practices because the sentence imposed by the trial will result in appeals being allowed when the problem Court of Appeal will not reflect the sentence that it considers could have reasonably made a difference to the trial outcome; should have been imposed in the first place. This can reduce or if the error or irregularity was of a fundamental kind the guidance provided by Court of Appeal sentences to other depriving the appellant of a fair trial. The appeal process will courts and the effectiveness of DPP appeals against sentence. therefore operate to ensure that the accused receives a fair trial. It will also ensure that appeals will not be allowed on Further, this approach does not take into account other technical points that did not affect the outcome of the trial or relevant and counterbalancing policy considerations, such as the fairness of the proceeding. the interests of the community and the victim, in the courts sentencing offenders to appropriate sentences. (2) Appeals against sentence to the Court of Appeal (4) Interlocutory appeals and cases stated Clause 280 applies to the determination of an application for leave to appeal against sentence that is determined by a single Interlocutory appeals provide a mechanism for a trial judge’s judge of the Court of Appeal. This clause introduces a new rulings to be tested on appeal before a trial starts or, in limited test, which provides that leave to appeal against a sentence circumstances, during trial. An interlocutory appeal ‘may be refused if there is no reasonable prospect that the essentially brings forward an issue that may otherwise Court of Appeal would impose a less severe sentence’. In become part of a post-conviction appeal or a DPP reference R v. Raad [2006] VSCA 67 the majority of the Court of following an acquittal. Typically, it deals with only one issue, Appeal indicated that the court should not refuse leave to unlike an appeal against conviction that may involve many appeal if there is a reasonably arguable ground of appeal, issues. Because appealing after a trial has commenced even if there was no reasonable prospect of a lesser sentence inevitably interrupts the trial, stronger reasons are required to being imposed. The new approach follows the approach of justify an interlocutory appeal during trial. the minority in that case. It allows the court to apply an CRIMINAL PROCEDURE BILL

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As I mentioned earlier in relation to pretrial decisions, an efficient operation of the criminal justice system. The bill interlocutory appeal may be brought in certain circumstances provides a flexible approach to service: against a ‘decision’ of a judge. This broad description avoids technical arguments about the nature or description of the by enabling modern means of electronic communication decision in question, for example, whether the decision was a to be utilised; ‘judgement’ or ‘order’. Clause 295 of the bill provides that where a decision concerns the admissibility of evidence, the by recognising that the parties may agree on other ways decision may only be appealed where, if the evidence were of effecting service. ruled inadmissible, it would ‘eliminate or substantially weaken the prosecution case’. Section 85 of the Constitution Act An interlocutory appeal may be brought if the judge who Mr JENNINGS — Clause 365 of the bill provides made the decision provides the necessary certification and the that it is the intention of clauses 61(4) and 209(4) of this Court of Appeal provides leave to hear the appeal. The tests for certification and leave encourage the resolution of issues bill to alter or vary section 85 of the Constitution Act before a trial commences. Good preparation by the parties 1975. I make the following statement under and case management by the court will identify most section 85(5) of the Constitution Act 1975 of the interlocutory appeal issues before a trial commences. reasons why it is the intention of clauses 61(4) and However, there may be occasions when an issue arises during 209(4) of the bill to alter or vary section 85 of the trial and there are very strong reasons for conducting an interlocutory appeal at that stage of the proceeding. Constitution Act 1975.

Because interlocutory appeals deal with issues early in the Clauses 61 and 209 of the bill provide the Magistrates, proceedings that might otherwise result in a successful Children’s, County and Supreme courts with the post-conviction appeal, they can: capacity to provide a sentencing indication to an prevent guilty people being acquitted; accused who is considering pleading guilty. In accordance with a recommendation from the prevent innocent people from being wrongly convicted; Sentencing Advisory Council in its report, Sentence and Indication and Specified Sentence Discounts, these prevent retrials because there was an error at the sections provide that a decision to give or not to give a accused’s trial. sentence indication is final and conclusive.

As a result, interlocutory appeals can be of benefit in reducing A sentence indication should only be given where it is the stress and trauma of court proceedings for victims, witnesses and the accused. likely to be of benefit in concluding proceedings. The reason for restricting review and appeal rights against a (5) Other changes to appeals decision to give or not to give a sentence indication is to Some of the existing laws concerning whether a sentence is or ensure that this decision is final and the substantive may be stayed when an appeal is brought against either proceedings, whether a trial or a plea hearing, can conviction or sentence are confusing, unclear and proceed without delay. If review and appeal rights were inaccessible. The bill clearly sets out the relevant laws and not restricted, they could defeat the purpose for the adopts different approaches for stays in appeals to the County Court and appeals to the Court of Appeal. This is because introduction of this scheme. Importantly, when a appeals to the County Court involve hearing a matter afresh sentence is imposed, each party has rights of appeal and appeals to the Court of Appeal involve identifying an against the sentence imposed. error. Incorporated speech continues: This is the most comprehensive review of appeal provisions since the introduction of the Criminal Appeals Act 1914. In Chapter 9 — Repeals and consequential and other particular, it provides the Court of Appeal with new powers to amendments utilise in its most important task of explaining the law and providing guidance to courts and the legal profession on legal Chapter 9 contains amendments concerning the joint conduct issues. The bill will also assist the court in delivering justice of committals in the Magistrates Court and the Children’s in individual cases. Court. Currently, a child and an adult co-accused may be tried together. Because of the special needs of children, this is only Chapter 8 — General likely to occur where the Children’s Court does not have jurisdiction to determine the charge summarily. The Chapter 8 contains important provisions that will be relevant Children’s Court cannot hear and determine certain serious in many criminal proceedings including when a person is charges such as murder and manslaughter. However, while a required to appear in a criminal proceeding and the power of child and an adult may be jointly tried, they cannot have joint the court to adjourn a proceeding. committal proceedings. This means that victims and witnesses may have to face two committal proceedings The bill sets out new service provisions, which provide clear instead of one. processes for service on an accused and the prosecution. Sometimes personal service is essential to the fair and The bill provides a new process where, if the Children’s Court does not have jurisdiction to hear and determine the ADJOURNMENT

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charge summarily, the child is aged 15 or above and the ADJOURNMENT Magistrates Court and the Children’s Court both consider it appropriate to do so, a joint committal proceeding of a child Mr JENNINGS (Minister for Environment and and adult co-accused may be conducted. If a joint committal proceeding is conducted, the Children Youth and Families Climate Change) — I move: Act 2005 continues to apply as far as practicable to the child. This practical solution is fair to victims, witnesses and the That the house do now adjourn. child accused. St Paul’s Cathedral, Bendigo: restoration It is important that the prosecution of a child or young person for a summary offence is commenced as quickly as possible Ms LOVELL (Northern Victoria) — The matter I in order to reduce delay-related anxiety and stress. Timely wish to raise is for the attention of the Minister for resolution of charges also increases the prospects of successfully intervening in offending behaviour. Clause 376 Planning. It is regarding the urgent need for funding to reduces the period within which the criminal proceeding for a assist with the restoration of the heritage-listed St Paul’s summary offence must commence from 12 months to Cathedral in Bendigo. The action I seek from the 6 months. minister is for the minister to make available a heritage There are two exceptions to this reduced time limit. First, the grant to assist the Anglican diocese of Bendigo to raise court may allow the prosecution to commence a proceeding the funding needed for the restoration of this iconic between 6 months and 12 months if it considers it appropriate heritage building. to do so having regard to matters such as the age of the child, the seriousness of the alleged offence and the reasons why the The Bendigo community has been both shocked and charge was not filed within 6 months. Second, after receiving saddened by the announcement that this much-loved legal advice, a child may consent in writing to the filing of a summary charge at any time. 140-year-old Bendigo cathedral has been forced to close due to large pieces of cement render falling from Chapter 9 of the bill contains consequential amendments the front of the church. The closure has not only caused where they are intimately involved with other aspects of the bill. However, further consequential provisions will be a disruption to services but also come as a great shock required and transitional provisions will be necessary. The to the many couples whose wedding services were due government will introduce a separate bill to address those to be celebrated at the cathedral in the coming weeks matters. and months.

Conclusion An inspection by a structural engineer has revealed This bill introduces major improvements to Victoria’s major concerns and fears that the pinnacles and crosses criminal procedure laws by overhauling existing laws and are in danger of falling because their mortar has almost introducing substantial policy improvements. The new laws completely eroded. The stained glass windows will also are clear, consistent, fair and accessible. The bill builds upon existing systems and introduces new procedures to create need major restorative work. More will be known on clear, efficient and flexible case management processes. the extent of the problems and works needed when the diocese receives the final engineer’s report, which is As society and the criminal justice system change, criminal due shortly. procedure laws must continue to adapt to meet these new challenges. This bill provides the sound platform that we need to do this. Bendigo is a showpiece of our state where we are fortunate to have many beautiful heritage buildings that This bill is a major initiative of the government’s justice were built during the gold rush of the mid-1800s. statement to modernise our criminal justice system. It is the Although these buildings were built solidly at the time, most comprehensive and far-reaching reform of criminal procedure in Victoria’s history. It will provide Victoria with they are now 140 to 150 years old and cost an the best criminal procedure laws in Australia. This bill gives enormous amount to maintain and restore. It is Victoria the criminal procedure laws it needs in the estimated that the restoration of the cathedral may cost 21st century. as much as $3 million. The diocese has already I commend this bill to the house. explored funding from the community grants program, but unfortunately it would not qualify as the grants are Debate adjourned for Mr RICH-PHILLIPS (South not available to religious or political groups. Perhaps Eastern Metropolitan) on motion of Mr Koch. the criteria for the grants need to be reviewed, as the church is very much a community facility. Debate adjourned until Thursday, 12 February. Looking back at heritage grants over the past few years I notice that in 2006 the then Minister for Planning in the Bracks government made available a heritage grant of $250 000 for the restoration of Melbourne’s Trades Hall — the hallowed ground of the Labor Party. If ADJOURNMENT

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Trades Hall can attract state government funding, why animals in that area — notably dogs and the like. He not St Paul’s Cathedral in Bendigo? makes the point that the numbers of wild pigs are increasing rapidly due to the fact that pigs are prolific My request of the minister is to make available a breeders and can have litters of 11 once or even twice a heritage grant to assist the diocese of Bendigo to raise year. They also operate to the great detriment of the the funding that is needed to restore this much-loved environment, in that they disturb the soil and also heritage-listed cathedral in Bendigo. wallow in soaks and bogs in the national park area, which becomes a real problem. Wild pigs also carry a Lake Purrumbete: boat ramp variety of diseases and parasites. He makes the valid point that the prevalence of wild pigs in the park now Ms TIERNEY (Western Victoria) — My poses some risk to visitors to the national park area. He adjournment matter is for the Minister for Agriculture is concerned that there is the potential for people on the in the other place and is in relation to the boat ramp at trail rides that he takes through the park to be frightened Lake Purrumbete. At present the boat ramp at Lake by the wild pigs in the area. When a lot of Purrumbete is not in use due to the lake’s low water schoolchildren embark upon those sorts of ventures it level. Under Marine Safety Victoria’s 2008–09 boating becomes a real concern. facilities and community harbours program, this government committed funding of $14 500 for the Mr Sykes is concerned that perhaps not enough effort is installation of a new boat ramp to cater for the low being made in terms of wild pig control. I spoke to an water levels. officer of the department in Omeo several years ago, and I know the department was doing some work on During the initial stages of the planning to build the eliminating feral pigs at that time. But what is being ramp at Hoses Rocks it was discovered that significant done is not enough. They are growing in numbers and Aboriginal cultural heritage artefacts existed in the area have become a real risk. My request to the minister is and the ramp needed to be moved to a different location that he look into the problem and see if some more at the lake. The lack of a boat ramp facility has resources can be dedicated to the control of feral pigs impacted greatly on the community, particularly before they become an even more significant problem throughout the tourist season. Surrounding townships in the park areas. rely on the lake to bring business to the area, and local fishing clubs use the facility regularly. Lake Purrumbete: boat ramp

I know the minister has shown strong support for Mr VOGELS (Western Victoria) — I raise an issue recreational fishing and the benefits it brings to our for the Minister for Environment and Climate Change, rural and regional communities, so the action I seek is Gavin Jennings, which is similar to that raised by for the minister to support the community and the Ms Tierney, as it concerns the failure of the responsible surrounding townships and businesses at Lake authorities, Parks Victoria and the Department of Purrumbete by investing the necessary funds to Sustainability and Environment (DSE), to deliver on construct a suitable boat ramp for the tourists and local promises to construct a boat ramp at Lake Purrumbete community at Lake Purrumbete. in south-western Victoria.

Wild pigs: control Early in January I attended one of country Victoria’s largest protest rallies on the shores of Lake Purrumbete. Mr HALL (Eastern Victoria) — Tonight I wish to According to the local papers — the Warrnambool raise a matter for the attention of the Minister for Standard, the Cobden Times and the Camperdown Environment and Climate change concerning feral pigs. Chronicle — an estimated 750 people attended. I am prompted to raise this matter by receipt of a copy Yesterday in the other house my colleague Terry of a letter that has been sent directly to the minister by Mulder, the member for Polwarth, tabled a petition my constituent Mr Paul Sykes of Gelantipy. He runs an signed by over 1700 people who are also concerned operation called Karoonda Park, an adventure tourism about the lack of boat ramp facilities at Lake activity-based camp at Gelantipy. Purrumbete. The message at the rally was loud and Mr Sykes makes the point that over the last five years clear: where is the boat ramp that was promised, so we in the area of his property, which borders the Snowy can enjoy this wonderful facility? As stated in the River National Park, he has seen an increasing number Warrnambool Standard: ‘Plenty of fish, no anglers’. of wild pigs. This has become a real problem. It seems Only a couple of weeks ago 45 000 trout were put into that while wild pigs have become a feral animal, less that lake. focus has been on them than on some other feral ADJOURNMENT

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Lake Purrumbete covers approximately 1000 acres and the Ventura bus route down Warrigal Road or the today still has a water depth of approximately Mentone railway station as well as for the local 25 metres. It was Victoria’s premier trout fishing lake, community. I am not the only person in the house to and through tourism and anglers et cetera it was worth share this concern. Apparently Mr David Davis shares approximately $3 million per annum to the local this concern. I have here a press release where he calls economy. Following 10 years of below-average rainfall upon Janice Munt, the member for Mordialloc in the the existing boat ramp is sitting high and dry some other place, to, in his words ‘come clean’. He says she distance from the deep-water mark. Parks Victoria had ‘cannot wipe her hands of the situation until beachgoers promised to build a temporary boat ramp at another are told what happened and are sure that the coastline is site, but due to heritage and planning issues did not safe’. It took me about 3 minutes to get a Google map proceed. This saga has been ongoing for a couple of search on the computer showing where Mentone beach years now, and I believe decisive action by the Brumby is, and I have to inform the house that Mentone beach is government is needed to solve this problem. According in fact in the electorate of Murray Thompson, the to the many locals and others present at the rally the member for Sandringham in the other place. So extension of a causeway from the existing boat ramp is Mr Davis has been calling on the local member, Janice by far the best option. That is where the Munt, when he should have called on his own infrastructure — that is, the toilets, caravan park, kiosk colleague in the other place. and power — all exist. I am informed that except for a muddy area right near the ramp, the causeway would The DEPUTY PRESIDENT — Order! When extend over solid sandstone to the deep-water mark. Mr Viney resumes I expect him to return to the However, that is for the authorities to decide, not me. substance of his request of the minister and not continue to take the line he has been taking in the last The action I seek from the minister is that he ensure that few moments. He has been entering into debate, Parks Victoria and DSE get on with the job of restoring mentioning other members of Parliament and this lake to its position as Victoria’s no. 1 trout fishing commenting on opposition members, which is not in lake. It is not that hard. I could name some local the spirit or requirements of the adjournment. I ask him contractors who could build it within a week. While I to return to the substance of the matter, which is his am on my feet I would like to take the opportunity to request to the minister. Perhaps a better action might be congratulate the minister and Parks Victoria on the to request that the minister swim there. excellent job done in re-opening the Gibson Steps in the Port Campbell National Park. It is greatly appreciated Mr VINEY — There is a bit of sensitivity on the by locals and tourists alike. Building Lake other side. Purrumbete’s boat ramp is simple in comparison to that job; all that is needed is common sense and goodwill. Mrs Peulich — On a point of order, Deputy The money spent would be recouped 10 times over in President, there is no sensitivity. I want to point out that no time. Government support for our fishers would be the member jumped to an incorrect conclusion. greatly appreciated, and the boost to the local economy Ms Munt, the member for Mordialloc, actually lives in would be approximately $3 million per annum. the electorate of Sandringham. Mentone beach: pollution The DEPUTY PRESIDENT — Order! The member has made a point of clarification. There is no Mr VINEY (Eastern Victoria) — The matter I raise point of order. this evening is for the Minister for Environment and Mr VINEY — I note that this is a matter of some Climate Change, Gavin Jennings. I raise with him my concern, and that is the reason for my request that the concerns about the recent pollution of Mentone beach. minister have the EPA investigate this matter. Mr Davis My understanding is that on 2 February a sample was shows in his media release that he clearly shares my taken by the Environment Protection Authority that concern about the dangers to families and children who showed elevated bacteria levels at Mentone beach. The might be using Mentone beach. As I said, it only took action I seek is for the minister to have the EPA me a couple of minutes to find it in a Google search — investigate the matter to try to identify the source of the I went to school near there — and it is a pity Mr Davis problem and to advise the community of the does not know the electorates of his own members. rectification of that problem.

The reason I raise the issue is that Mentone beach is a popular beach which is easily accessible by many people in the community. It is easily accessible from ADJOURNMENT

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Housing: disruptive tenants resident from Junction Street, Seddon, brought in the same type of letter to my office. Mrs COOTE (Southern Metropolitan) — My issue is for the Minister for Housing and concerns From the pattern of possible acquisitions it is clear that commission housing problems in Bentleigh. It has the government is looking at possible locations for recently been revealed that the Brumby government smokestacks as well as an entrance to and exit from the allowed tenants to stay in commission housing in tunnel. I will be encouraging people in other streets Bentleigh for two years while neighbours were the who have received these letters to let me know so that victims of constant physical and verbal abuse from we can band together on this issue. It is unfair of the those tenants. Residents affected by troublesome public government to drop these frightening letters in people’s housing tenants must be compensated by the Brumby letterboxes and run away. It is also disingenuous of the government for their suffering. Regular occurrences for roads and ports minister to stand up at a public meeting Bentleigh residents living near the tenants included and say he does not know what streets the road tunnel having their houses set on fire, having bricks and will destroy, when the government is already warning bottles thrown at their cars and houses, being threatened about acquisitions. He must at least be aware of the with repercussions if authorities were alerted and being planned scenarios. I call on the minister to release subjected to excessive noise and abusive language. One details of the planned route or routes for the road tunnel resident said, ‘We’ve been threatened and harassed, and under Footscray. it’s the same with other people. The street calls them the family from hell’. Housing: Northern Metropolitan Region

The tenants ruined the aesthetics of the street by having Ms MIKAKOS (Northern Metropolitan) — I raise a shopping trolleys, furniture, car batteries, toys and beer matter for the Minister for Housing relating to both the bottles scattered around their front yard. Nearby recent Council of Australian Governments national residents have been quoted as saying that an accurate affordable housing agreement and this week’s description of their lives would be in-house torture announcement of funding by the federal government of treatment 24 hours a day, 7 days a week. They say that $6.4 billion to be spent on social housing over three by not keeping tabs on those living in government years as part of the nation building and jobs plan, from housing the Brumby government has failed in its which Victoria will receive $1.5 billion. obligation to ensure the safety and wellbeing of Bentleigh residents. No-one deserves to fear for their I ask the Minister for Housing to ensure that the safety and the safety of their loved ones whilst in their Victorian government commits some of the additional own homes. federal funding available for social housing to the Northern Metropolitan Region. In so doing I note that Whilst the tenants were finally evicted and left the in light of the current global financial crisis, issues of house in December 2008, the action I am seeking from housing affordability, homelessness and the need for the minister as a matter of urgency is that he ensure more social housing have become more critical. I adequate compensation is paid to the affected therefore applaud the Rudd government for its neighbours who were subjected to physical and/or commitment and swift action to address this pressing verbal abuse at the hands of the tenants for the ongoing need. pain and suffering they experienced. I understand that Victoria can expect to receive Roads: Footscray tunnel upwards of 5000 new units of public and social housing, and this will substantially reduce waiting Ms HARTLAND (Western Metropolitan) — My periods for people on the waiting list. Victoria is adjournment matter is directed to the Minister for already making progress on this front, with a 7.7 per Roads and Ports and is in regard to house acquisitions cent reduction in waiting times since 1999. for road tunnels. People in the inner western suburbs of Furthermore, the Report on Government Services 2009 Melbourne have been receiving letters from the state shows that 70 per cent of total new allocations of government saying that their houses may be housing goes to those in greatest need, which is above compulsorily acquired. People who have received the the national average of 51 per cent. Although we are letters are understandably quite upset. Around the time making progress, the waiting times are still too long for of the government’s transport plan announcement, many people and families who find themselves in residents living close to the proposed tunnel entrance difficult situations and in need of housing, particularly near Geelong Road received letters. More recently a in the low-income suburbs of my electorate. ADJOURNMENT

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According to the September 2008 figures released by Crib Point: bitumen plant the Office of Housing — — Mr O’DONOHUE (Eastern Victoria) — I raise a The DEPUTY PRESIDENT — Order! The matter for the attention of the Minister for Planning. It member’s time has expired. relates to the proposal from Boral to build a bitumen facility at Crib Point. I have raised this issue previously Gippsland Lakes: salinity in the house and I have had discussions about it with the minister. Mr P. DAVIS (Eastern Victoria) — I raise a matter for the Minister for Environment and Climate Change The history of the matter is that Boral lodged an concerning Gippsland Lakes salinity. Due to long-term application to build a bitumen facility at Crib Point with low flows the salinity levels of the Gippsland Lakes the Mornington Peninsula Shire Council in April 2007. have been increasing, and in particular those of Lake After a process that matter was to be heard at the Wellington. Subsequent to the 2007 floods we had the Victorian Civil and Administrative Tribunal on forcing of saline water out of Lake Wellington onto 28 April. Twenty days before it was to be heard the land because of high inflow over a very short period of minister called in the planning application for his run-off from the 2007 flood, the consequence of which consideration. The minister appointed an advisory has been the apparent sterilisation of large areas of committee to examine the proposal, and I understand public and private land. that process concluded on 24 September.

Recently I inspected with Geoff and Philip Ronalds a This issue has caused an enormous amount of angst for large part of the Heart area directly to the east of Sale, the Western Port community, particularly those who which joins Lake Wellington around Grebe Bay and live in and around the township of Crib Point. The Andrew Bay, and I looked specifically at the decision the minister makes with regard to this Clydebank Morass, the new Heart Morass and the application will really determine the future direction of Heart Morass state game reserves and adjoining private that township — whether it can progress with a tourism land. The highly saline water that inundated those and service-based economy or whether it will develop low-lying areas has had a toxic effect on the vegetation perhaps along the traditional line in Western Port of to the extent that all the adjoining swamp paperbark industrialisation. growing around the Lake Wellington rim is dying, if not being already dead, and that is due to the high Many people are very nervous about the pending salinity levels. ministerial decision. It has now been over four months since the process was concluded. I know the member The reason for this is clearly low flows and increasing for Hastings in the other place has been continuously saline water in the lake. I am not suggesting that the advocating on behalf of our mutual constituents to the minister has it within his gift to change what are some minister and to the department. Given the effluxion of very fundamental processes of nature, but I think the time, the action I seek from the minister is to make a minister should be informed and take a close look at decision about this application, to release in full the what is occurring in that area. report from the committee he appointed, and to release the full details of whatever decision he reaches, I am talking about part of the 4000 square kilometres of including his reasons, so that the township can have wetlands adjoining the Gippsland Lakes, large parts of clarity going into the future. which are essentially being sterilised. I am concerned both for the public land, the state reserves and Duck hunting: season particularly the private land-holders, who have effectively lost large parts of their farms, in some cases Mr BARBER (Northern Metropolitan) — My 70 or 80 per cent of their paddocks. I therefore ask that adjournment matter is for the Minister for Environment the minister investigate and take action to implement a and Climate Change, Mr Jennings, and it relates to the proper salinity management strategy. I would point out cruel and unnecessary slaughter of our native that there was in yesteryear a Lake Wellington salinity waterbirds. As background to my adjournment request I program, which had desirable outcomes in lowering will be providing the minister with a copy of the salinity levels on land, but this is a new phenomenon; I national common position statement of Conservation, do not think the minister’s department is aware of it. Animal and Political Groups Calling for a Permanent Ban on the Recreational Shooting of Native Waterbirds. ADJOURNMENT

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That group is requesting state and federal governments In the city of Greater Shepparton in 2006–07 some 909 work together to create a national ban on the births were notified to the local maternal and child recreational shooting of native waterbirds, to amend the health centre. I understand that number has increased, Environment Protection and Biodiversity Conservation and that increase on the previous year is significant. Act to provide for such a ban on Ramsar sites The younger children make up 12.6 per cent of the city throughout Australia and to work in cooperation with of Greater Shepparton’s population; across Victoria the Northern Territory and state governments to young children make up 11.2 per cent of the population, legislate for a national ban. so we have a larger proportion of children in Shepparton than in the general population. Therefore, Since it appears to have been announced in some form we certainly have a need for a children’s centre in that there will be a duck hunting season this year, I Shepparton. Of local families with young children, request that the minister provide me with the 22.8 per cent are one-parent families. This is higher relevant — or for that matter, the irrelevant — than the average across Victoria, so there are some information he may have taken into account in deciding special needs required there as well. whether the shooting season would go ahead. I would refer in particular to the annual November waterfowl The specific request I have of the minister is that she counts for 2008 that his department must have provide me with details on the progress of an integrated conducted. Those are the ones that are run on the same children’s centre in Shepparton which will provide wetlands each year and that last year showed there were services for those children in the city. almost no birds on these wetlands because many of them had hardly any water. The DEPUTY PRESIDENT — Order! I am not satisfied that that represents a suitable action to be I also request the minister to provide to me any asking the minister — that is, to provide details of information he received from Mr Richard Kingsford — progress on something that presumably is already as it is the case that the results of that person’s surveys happening. I have stopped the clock to give the member are provided annually to the minister — and any other an opportunity to recast the matter in terms of material that was put together by him, by his requesting action of the minister because, as I said, I do department or for or by the hunting advisory committee not think it is sufficient to request the minister to look that formed part of the case for his decision, so that for further details of progress. I think we need members of the public, who have just recently heard something more specific. that the duck hunting season is to go ahead, can look at and puzzle over that decision in an attempt to Ms DARVENIZA — I ask the minister to provide understand it. details on the time lines for this children’s centre to be up and running and providing the services that are Shepparton: children’s centre clearly needed for the many children in the city of Greater Shepparton. Ms DARVENIZA (Northern Victoria) — I wish to raise a matter for the attention of the Minister for Taxis: driver certification Children and Early Childhood Development, Maxine Morand. I raise concerns about the provision of a Mr FINN (Western Metropolitan) — I raise a children’s centre in Shepparton. matter for the attention of the Minister for Public Transport concerning the Victorian Taxi Directorate. A There has been a real baby boom in Victoria. I think I constituent of mine, Mr King Osei’duro from am correct in saying we have had 73 737 babies born in St Albans, visited my office recently and told me how the 2007–08 year — a significant increase on the this bumbling Brumby bureaucracy is costing small previous year and the year before that. I know that a business operators dearly during these times of number of my parliamentary colleagues, both in this economic hardship. My constituent has been driving place and the other place, have made a contribution to taxis for over 20 years. As a taxi operator he leases his that number of children. taxi plates from the owner of the plates for $2640 a month. The Victorian government has also increased funding to enable the Shepparton council to adequately provide On 28 October last year he lost his licence for three maternal and child health-care facilities for those months due to the accumulation of demerit points. He babies, and particularly for families who may need received his licence back at midnight on 27 January this extra assistance. year, so he is now legally allowed to drive. Obviously he could not drive a taxi during the three months for ADJOURNMENT

Thursday, 5 February 2009 COUNCIL 217 which his licence was suspended, but he also had to pay open the window but could not do it. There were some his lease on the taxi plates at $7920 for the three very distressed passengers on the tram. months. At the next stop I asked the tram driver if he could open During the time his licence was suspended, his the windows. He was not aware that the air taxidrivers certificate expired on 10 January this year. conditioning was not working. He was able, after some He has since applied for his drivers certificate to be considerable effort, to open a window, but the other renewed and has been advised that the decision must be windows in the tram remained closed because there reviewed before his application can be approved. The were so many people on board he could not get down taxi directorate has also told him that the review will the tram to open them all. The tram continued on its probably take one or two months. With the cost of journey with no ventilation. Even when the doors installing a safety screen in his cab for $1350 and the opened, very little air moved because of the number of two months of leasing the taxi plates at a cost of $5280, people. he is looking at $6630 in expenses relating to his cab during the two months in which he will be unable to The issue is that the trains cannot run when the air earn an income. This is on top of his having to pay conditioning is not working. Trams can run, but if the $7920 to lease his taxi plates, while receiving no air conditioning fails, people become very distressed income between October and January. Also he still has because the trams become overheated and the windows all the living expenses for a family of six plus his cannot be opened. We should not be relying on air mortgage repayments. conditioning to cool trams or to provide ventilation. We should be able to open the windows if the air He does not have an issue with his suspension, nor does conditioning fails during the journey. he take issue at having to pay for his lease while his licence was suspended. He understands why all these My request is that the minister allocate funds to enable things have occurred. What he does take some all trains and trams to have windows installed that can exception to is the length of time it will take for one be opened safely to allow ventilation when air bureaucrat in the Victorian Taxi Directorate to tick off conditioning fails, and to ensure that any new trams and the decision made by another bureaucrat in the same trains on the public transport system are similarly fitted. organisation. He believes that, like any other member of the public, he should be able to get back to his life Bolton Street, Eltham: upgrade after his three months suspension. Mrs KRONBERG (Eastern Metropolitan) — My I do not believe this is fair, and he does not believe it is adjournment matter is directed to the Minister for fair. He has served his debt to society with the three Roads and Ports. In the Eltham, Lower Plenty and months suspension. I ask the Minister for Public Montmorency districts residents experience traffic Transport to intervene directly in this case and to direct congestion on roads that were never designed to carry the bureaucrats in the Victorian Taxi Directorate to the current, let alone future, volumes of passenger and determine the outcome of my constituent’s application articulated vehicles. as a matter of priority, in the interests of fairness and Eltham’s roads need the adoption of a very sensitive justice. approach. We have many unsealed roads and many Public transport: rolling stock residents prefer them like that. They also like busy roads not to have any gutters, kerbing, footpaths and so Ms PENNICUIK (Southern Metropolitan) — My on. All of the issues related to providing visual amenity adjournment matter is for the Minister for Public and respect for the natural environment have to be Transport, Ms Kosky. It concerns the temperature and taken into consideration whenever we talk about road ventilation on the public transport system. On systems throughout the Assembly electorate of Eltham. Wednesday of last week when it was 40-plus degrees I was travelling on the tram from St Kilda to Melbourne. However, it is my understanding that whenever the The tram was overcrowded and overheated because the question of an upgrade of Bolton Street — an integral air conditioning was not working. On the newest trams, north–south route — is raised with VicRoads, its as members would know, the windows do not open simplistic response has been that as Bolton Street forms except for very small windows at the top that can be the boundary between the two municipalities, the pulled out like shutters, and they cannot be reached Banyule and Nillumbik councils need to make a choice without standing on seats or wheel arches. I tried to between the management and/or upgrade of Para Road ADJOURNMENT

218 COUNCIL Thursday, 5 February 2009 or Bolton Street, because they simply cannot have both marked for closure or merger by her department and of these major north–south arterial roads attended to. figure in her plans for the next two years. In the first instance this seems to be a cynical exercise Planning: Chelsea project of cost-shifting to local government, and it is certainly playing two councils off against each other. The end Mrs PEULICH (South Eastern Metropolitan) — I result is that nothing is being done to relieve the wish to raise a matter for the attention of the Minister growing pressures on these essential north–south for Planning or, in his absence, the minister at the table, routes. Mr Jennings. It is in relation to the government policy which is seeing planning approvals of much higher I ask the minister to provide details that would give an density developments being granted and, more insight into his current thinking or a copy of the plans specifically, the announcement that was made today in he may have already developed for the upgrading of the question time about a special relationship that is now roads in these districts. These roads are now major and going to be developed between the government, the arterial roads and would form essential feeder roads for Minister for Planning and the Victorian Civil and the proposed linking up of the Metropolitan Ring-road. Administrative Tribunal. In excess of 1800 planning applications currently before VCAT will supposedly Schools: Eastern Metropolitan Region will be fast-tracked. This is of great concern because VCAT is supposed to independently review the merits Mr ATKINSON (Eastern Metropolitan) — I wish of each case. The minister is in effect setting himself up to raise a matter with the Minister for Education in the to be judge and jury on matters that should be other place. It concerns news reports that there is considered by an independent body. departmental analysis of school provision across Victoria. I understand there is a desire to close or merge Specifically there are a number of appeals that are a number of schools and that documentation has been currently lodged with VCAT. One of those I have been prepared by the department and obviously provided to following closely is in Maury Road, Chelsea. Today I the minister and the government for further received a copy of a petition with in excess of consideration. 380 signatures of residents, most of them from around the Chelsea office of Ms Lindell, the Speaker in the Obviously when this sort of material is issued it is of Assembly. It is a copy of a petition that is intended for some concern to school communities, particularly those VCAT. I had to advise them that petitions may be a that have not received government funding for key way of signifying concern, but attendance at VCAT is projects within their schools for some time or that have very important. My concern is that people like these are been struggling in terms of staffing ratios and services now left in limbo. What faith or confidence can they within those schools because of their enrolment levels. have and what prospect is there that their case, which It clearly causes them some concern about the will require a substantial amount of effort and time — government’s intentions for those communities into the and some of these people are elderly — will be future. considered independently?

I seek from the Minister for Education an indication of I ask the minister to agree to meet with the any schools in the eastern suburbs that are subject to her 382 signatories to this petition in Chelsea. I am happy plans or her department’s plans for proposed closure or to organise and pay for a venue so that the minister can merger within the next two years. I specifically seek explain how this new relationship between him, as information in respect of any schools within the Minister for Planning, the government and the Assembly electorates of Mitcham and Forest Hill, given Victorian Civil and Administrative Tribunal is going to that I am aware of a number of schools there that have function and how they can best present their case, somewhat lower enrolments at this point in time. Most which involves an objection to 10 units that are going to local community people believe those schools are due be developed on what is essentially a single block. to experience an increase in enrolments in the future, Admittedly it is a larger block then perhaps you or I, given a number of demographic factors and issues in Deputy President, may have, but nonetheless it is an relation to infrastructure and so forth that impact on area where one house existed and there is now a those areas. proposal for 10 dwellings to be built on it. They have I am keen to receive from the minister an indication of serious concerns that need to be considered, and they any schools in the eastern suburbs — particularly the will now be at a loss as to what awaits them through electorates of Mitcham and Forest Hill — that are that appeal process. ADJOURNMENT

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Mentone beach: pollution community and also examine the standard to see whether it is adequate or whether the standard in the Mr D. DAVIS (Southern Metropolitan) — My United States may have some merit. matter for the adjournment is for the attention of the Minister for Environment and Climate Change, and it Responses relates to what Mr Viney had to say earlier on. It is about beach pollution and the issues at Mentone beach Mr JENNINGS (Minister for Environment and this week. I hasten to add that this is not simply about Climate Change) — I have one written response to the Mentone; it is about a strip of coastline. I will read from adjournment matter raised by Ms Lovell on an online news article in the Herald Sun of 5 February, 13 November 2008. With the exception of items that I which says: may deal with this evening, I will refer all other matters on to the appropriate minister. Mentone beach has been reopened … after the state’s pollution authority closed it due to ‘faecal contamination’ …. Wendy Lovell raised a matter for the attention of the Minister for Planning seeking a heritage grant for An EPA spokesman confirmed further testing to the 13-kilometre stretch of beach declared unsafe for swimming St Paul’s Cathedral in Bendigo. this morning had shown bacteria levels — Gayle Tierney raised a matter for the Minister for may have returned to normal. Agriculture, and John Vogels created a competitive environment by seeking my assistance regarding the I am not so sure, but on 2 February the Environment same matter. I am happy to drive a result in terms of the Protection Authority (EPA) website showed a number portfolio for which I am responsible, and if the Minister of significant readings of enterococci, which are a for Agriculture can stump up any money in support I Gram-positive cocci — bacteria that exists in faeces, would be happy about it. A positive announcement of human included. It is a significant pathogen and a positive action on Lake Purrumbete is not far away; in telling marker in terms of examining the level of faecal fact I may have already made a premature contamination in bodies of water. announcement about that whilst I was sitting here, much to my disappointment! Regardless of that, I It is a dangerous bug. I do not want to make any bones reckon the work is pretty imminent. about that. The high level of antibiotic resistance to this bug is also of great significance. The readings reported Peter Hall raised a matter for my attention, asking me to by the EPA on its website were 5500 at Mentone and stalk some feral pigs in Gelantipy — or rather, to seek 660 at Mornington, so you can see there is quite a others to make sure that some work is undertaken to dispersion of the bug across the bay. Other readings eradicate feral pigs. I will see what can be done on that. were much lower. Matt Viney raised a matter for my attention regarding The safe level of enterococci indicated by the EPA on Mentone beach safety. Earlier in the week the its website is 500 organisms per 100 millilitres. The Environment Protection Authority raised some concern state environment protection policy says it is about levels of E. coli, which led to warnings about the 35 organisms per 100 millilitres. I note that in the appropriate — — United States of America the limit is 7 colony-forming units per 100 millilitres of water, which is a much lower Mr D. Davis interjected. standard — certainly much lower than the 5500 reported by the EPA this week at Mentone. Mr JENNINGS — You can wait a second, Mr Davis. The Environment Protection Authority This is a long strip of beach that involves a number of raised the warning on 2 February, and that warning was electorates: Southern Metropolitan, South Eastern in place for two days. I am pleased to say the point Metropolitan and Eastern Victoria regions. I notice source of that material — a local sewage outlet that Mr Viney did not bother to mention Mornington, which may have been leaking — was identified on is part of his electorate, and I would have thought he 2 February, and the consequent action taken at the would be concerned about 660 as it is a significant direction of the EPA has led to more appropriate and reading. All members, Labor and Liberal, are desirable readings being evident at that beach since that concerned about these readings right along this strip of time. coastline. There is a question about whether our mission as MPs The actions I seek from the minister are that he is to get a result or to scare people, and this is an entry investigate this closely, report his findings to the point into my discussion of Mr David Davis’s ADJOURNMENT

220 COUNCIL Thursday, 5 February 2009 contribution. Whilst he quite rightly expects that the at the instigation and the orientation of the Gippsland EPA should follow appropriate international Lakes and Catchment Task Force. I was happy to travel standards — and I share his concern — it is appropriate with them around this area late last year, so I am for us to inform the community about what the real mindful of the issues that he has raised. Subsequently I health risks may be. I do not think any of us should take am happy to work with the task force and the local glee in misrepresenting or overstating the health risks or community to see what action may be appropriate to take our eye off the ball when it comes to what our undertake there. responsibilities are. Mr O’Donohue raised a matter for the attention of the In relation to beach analysis around the bay, it is Minister for Planning, seeking his early release of a important to understand that point sources are localised. decision relating to the Boral redevelopment at Crib Mr Davis suggested that there are continual readings Point and his release of the evidence that he may have along a strip of the coastline that indicate high levels of used to arrive at that decision. E. coli. It is not an accurate reflection of the current circumstances or of the degree of concern people who Mr Barber has raised a similar dynamic with me in are enjoying the bay in the summer months should feel. relation to the announcement that was made yesterday They should be alert to any matter of concern on the about the duck season. Mr Barber presumably has seen particular beach they are at, but the impression that may a press release that had been issued at that time which have been given that all the beaches along a continuous scoped the range of the source material that I had relied strip have high levels of E. coli is not accurate. on: the conversations and considerations of the department that relied on the bird surveys that he has I am happy for the EPA to be rigorous and for that referred to. It also relies on advice that had been information to be conveyed appropriately. However, I provided by the Victorian Hunting Advisory do not think people in glass houses should throw Committee that has been established to administratively stones; they should be mindful of their responsibilities, advise me in relation to my responsibilities under the as I am. I will talk to the EPA about that process in the Wildlife Act. future. There is also consideration of conversations I have had Mr D. Davis — The international standards. with some people, the concerns of whom are not too different from those expressed in a submission he Mr JENNINGS — I mentioned that on the way forwarded to me by a coalition against duck hunting. through. All this material was considered. In addition, material about the opportunities that farmers had taken to Andrea Coote raised a matter for the attention of the exercise their rights under the various catchment Minister for Housing regarding Office of Housing protection acts in relation to wood ducks being pests on tenants in Bentleigh. their properties was relevant.

Colleen Hartland raised a matter for the attention of the The cumulative effect of these pieces of advice was the Minister for Roads and Ports regarding information announcement that was made yesterday. I am happy to about the future transport plans for the western suburbs, have a look at the form in which that information may particularly Yarraville, and seeking his intervention to be either summarised for or released to Mr Barber. I ensure that information provided to local residents is have a very low expectation that the cumulative accurate and timely. evidence that I have relied on to make my Jenny Mikakos raised a matter for the attention of the determination may satisfy him or cause him to make a Minister for Housing seeking his support to ensure that similar determination. But I am happy to share the any federal funding available through the social overview of that material with Mr Barber, and I am not housing program announced by the commonwealth is shirking from the fact that in exercising my ministerial spent in the Northern Metropolitan Region that she responsibility I think it is incumbent upon me to get a represents. balanced decision based upon the cumulative evidence that I have described. Philip Davis raised a matter for my attention. He wanted to ensure that I was familiar with the risks to the Kaye Darveniza raised a matter for the attention of the reserve systems of public-private land adjacent to Lake Minister for Children and Early Childhood Wellington, where those lands have been subjected to Development, ultimately seeking her commitment to inundation of saline water and the consequences of that. allocate the timing and process by which an integrated I can assure him that I have already examined this area child-care centre would be created in Shepparton. ADJOURNMENT

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Mr Finn raised a matter for the Minister for Public the house. This was followed up with a letter seeking an Transport. I think the best that I can actually sum up is explanation to the minister responsible, that he wants a speedy resolution of bureaucratic Minister Madden, on 15 November. processes and probably that whatever those bureaucratic processes can be, focusing on the issues at With respect to a matter raised on 15 October with the hand, might assist. I will encourage the Minister for Minister for Public Transport regarding the bus service Public Transport to focus on those. to Buchan, a letter was received from the minister, but there has been no formal response to the house. This Sue Pennicuik raised a matter for the Minister for was followed up with a letter seeking an explanation to Public Transport again seeking additional funds be the minister responsible, Minister Madden, on allocated to provide adequate air conditioning within 15 November. the rolling stock operating as public transport. With respect to a matter raised on 28 October with the Jan Kronberg raised a matter for the Minister for Roads Minister for Senior Victorians regarding rail travel for and Ports, seeking details of his current thinking in senior Victorians, there was a follow-up letter seeking relation to roadworks within Montmorency. an explanation to the minister responsible, Minister Jennings, on 28 November. Mr Atkinson wanted the Minister for Education to provide indications of her thinking in relation to In addition to the matters to which I have just referred potential school closures or mergers that may be there are three adjournment issues outstanding dating mooted within the eastern suburbs, in particular from November and December last year and which I Mitcham and Forest Hill. now seek under sessional orders an explanation as to why responses have not been provided: a matter raised An interesting and recurring theme within the on 12 November with the Minister for Gaming adjournment tonight is the level of thinking that regarding gaming licences for community clubs; a ministers are applying to decision-making processes. matter raised on 13 November with the Minister for That is my theme for tonight. Public Transport regarding tourism in Gippsland, and specifically Gippsland’s exclusion from V/Line’s Inga Peulich raised a matter for the attention of the regional tourism promotion campaign; and a matter Minister for Planning, seeking that he make an raised on 2 December with the Minister for Roads and appointment with 382 signatories to a petition in Ports regarding crew certification for the paddle relation to Victorian Civil and Administrative Tribunal steamer Curlip at Orbost. I ask the minister to explain. decisions. Mr JENNINGS — On the point of order, Deputy Mr P. Davis — On a point of order, Deputy President, if you were following the way in which President, in relation to outstanding adjournment items, Mr Philip Davis outlined his question to me, you would there are four adjournment issues on which, under have done better than I did. I might have to understand sessional orders, responses should have been provided fully his question in the form that he is seeking to the house last year. These matters have been resolution of those matters, because the way he just ran outstanding well beyond the specified time limit and it through them did not sound like a list. It confused me in was drawn to the attention of the house on 11 November relation to the construction of what he is asking me to last year and again on Tuesday of this week. I now raise clarify. I am happy to have a look within the form of these matters again to seek an explanation as to why what I understand his question to be, the explanation he responses have not been provided. is requiring and to get relevant undertakings from my With respect to a matter raised on 5 February with the colleagues if required. But given that I am somewhat Minister for Public Transport regarding rail services on confused about the range of issues, and in fact their the Gippsland line, a letter was received from the standing from the way that he has described them, we minister, but there has been no formal response to the would be here all night, I think. house. This was followed up with a letter seeking an The DEPUTY PRESIDENT — Order! I can assist explanation to the minister responsible, the minister to some extent. Mr Davis, on Tuesday of Minister Madden, on 15 November. this week, when the President was in the Chair, raised With respect to a matter raised on 9 September with the the matter of outstanding adjournment items that there Minister for Public Transport regarding the rail level had not been responses to, and in some cases indicated crossing at Lindenow South, a letter was received from that it was possible that some members had also the minister, but there has been no formal response to received responses by way of letters to their offices but ADJOURNMENT

222 COUNCIL Thursday, 5 February 2009 responses that had not been incorporated in Hansard through the Parliament, which is required under the sessional orders. His point of order is in relation to sessional order 4 and is predicated on the basis that matters raised in the adjournment debate ought to achieve a response from a minister within 30 days.

The government, on Tuesday of this week, provided an extensive number of responses to adjournment items to a number of members, and indeed the three or four matters that Mr Davis has raised tonight is a reduced list based on those he talked about on Tuesday night, so some of his concerns have been satisfied. But there are clearly still a number of outstanding matters that have not been dealt with by government ministers, all in another place — going by his comments — in satisfaction of sessional order 4. I think Mr Davis indicated the other night that there are procedures which are outlined in the sessional orders, including a motion that could be put to the house, in the event that answers are not forthcoming on the adjournment item.

On Tuesday night he indicated that was something he might well consider going forward but that he was perhaps keen now to achieve some resolution of that and to alert the government, and ministers in another place in particular, to the sessional order requirement to ensure that matters raised on the adjournment follow their proper journey through this house and not just via Australia Post to an electorate office. That way only one member is given the answer to a matter that might well have relevance or have been of interest to all members of the house.

That is the context. The minister has given an assurance that he will follow the matter up. I think that probably satisfies Mr Davis on this occasion — knowing that that action is to be taken. I think the issue then rests in that respect.

Ms Pennicuik — On a point of order, Deputy President, I think I heard the minister say I had requested the public transport minister to provide resources for air conditioning. I certainly did not. I requested that the public transport minister provide resources for windows that open on existing and future trains and trams.

The DEPUTY PRESIDENT — Order! The Hansard record will reflect the exact wording of the request, and the minister is quite happy to explore that matter.

The house is now adjourned.

House adjourned 5.41 p.m. until Tuesday, 24 February. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 223

WRITTEN ADJOURNMENT RESPONSES

Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers

Tuesday, 3 February 2009

Planning: residential zones

Raised with: Planning

Raised by: Mrs Peulich

Raised on: 9 April 2008

REPLY:

The purpose of the discussion paper was to stimulate debate about proposals for new residential zones through a public consultation process.

The consultation process for the discussion paper has successfully achieved this purpose by generating over 430 public submissions.

The community has provided valuable feedback to proposals for maximum building heights and proposals for classes of residential application that may be suitable for exemption from third party participation.

This, along with other feedback from councils and the planning and development industry, is assisting the Government with the preparation of a set of detailed draft residential zones to take back to the community for a further round of public consultation.

A comprehensive information program will underpin the release of the draft residential zones for the next phase of community consultation when they are ready. This program will ensure that the community will have sufficient time and avenues to consider the draft residential zones and provide their feedback to Government.

This feedback will be independently assessed by an Advisory Committee appointed to make recommendations on the final form of the zones and the community will be given the opportunity to present their submission in person to the Advisory Committee.

It is important that we look forward to the next round of public consultation to ensure that new zones are finalised that work better for everyone — councils, the community and the planning and development industry.

Planning: residential zones

Raised with: Planning

Raised by: Mr D. Davis

Raised on: 10 April 2008

REPLY:

The purpose of the discussion paper was to stimulate debate about proposals for new residential zones through a public consultation process.

Over 430 public submissions have been received that provide valuable feedback about the new residential zone proposals. I am satisfied that the public consultation period has been adequate. WRITTEN ADJOURNMENT RESPONSES

224 COUNCIL Tuesday, 3 February 2009

Its purpose of seeking community feedback has been successfully achieved and the submissions are assisting the Government with the preparation of a set of draft residential zones that I will announce before too long.

The draft zones will undergo a further round of public consultation supported by a comprehensive information program. The community will be provided with another opportunity to consider the draft zones and make further submissions.

Planning: residential zones

Raised with: Planning

Raised by: Mr D. Davis

Raised on: 16 April 2008

REPLY:

Third party participation has long been an important and fundamental aspect of the planning system in Victoria.

The extent and nature of third party participation has changed and evolved over time in response to community demands. At one end of the spectrum some members of the community demand third party involvement in every planning decision while others claim that too often development is frustrated by frivolous or irrelevant objections.

In 1993, the planning legislation was amended to provide the capacity for a class or classes of application to be exempt from third party participation.

The discussion paper for the new residential zones released in February 2008 outlined proposals designed to stimulate public debate and enable ideas to be put forward that will inform the development of the new residential zones for Victoria.

The proposals sought feedback on classes of residential application that may be suitable for exemption from third party participation.

These proposals are not new and it may surprise my colleague to know that limitations on third party notice and appeal rights have been in existence for some time in planning schemes.

It is important that the planning system continues to operate in an efficient and effective manner. Housing affordability is a major issue and it is important that the level of third party participation is appropriately targeted to those individuals directly impacted by a development proposal to reduce unnecessary delays in the provision of new housing.

Feedback from the first round of public consultation is informing the development of draft new zones which will be released for a further round of public consultation. It is therefore premature to rule out what changes may be made to notice and appeal rights until this consultation process has been completed.

Budget: Autism Teaching Institute

Raised with: Education

Raised by: Mr Finn

Raised on: 7 May 2008

REPLY:

The needs of the Western Autistic School have been recognised by the Department as a high priority. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 225

The redevelopment of Western Autistic School and the Autistic Training Institute is currently at tender and the Department is committed to commencing construction in 2009.

Western Autistic School, Deer Park: relocation

Raised with: Education

Raised by: Mr Finn

Raised on: 27 May 2008

REPLY:

I am informed as follows:

The needs of the Western Autistic School have been recognised by the Department as a high priority.

The redevelopment of Western Autistic School is currently at tender and the Department is committed to commencing construction in 2009.

Schools: responsible gambling program

Raised with: Gaming

Raised by: Ms Darveniza

Raised on: 28 May 2008

REPLY:

Victoria has established a comprehensive gambling education program in schools as part of Taking Action on Problem Gambling. Three key programs comprise this initiative:

– Problem Gambling: a Guide for Victorian Schools was introduced in July 2007 targeting counsellors, welfare workers and teachers. The guide was distributed to all Victorian state and independent schools and has been adopted by New South Wales government.

– Consumer Education in Schools program, a partnership between the Office of Gaming and Racing and Consumer Affairs Victoria was launched in May 2008 during Responsible Gambling Awareness Week. This program will introduce problem gambling content into teacher resources to be distributed to all schools in second semester.

– Big Deal, a 15-month partnership with the Centre for Adult Education was launched in July 2008. The program is aimed at raising awareness of problem gambling amongst young people in the non-mainstream school system.

A series of professional development sessions will be held in 2009 supporting the implementation of the above programs. For example, as part of the Community Education in Schools programs, a number of professional development sessions will be conducted in metropolitan and rural areas including Ballarat, Morwell, Geelong, Mooroopna, Dandenong, Melbourne and Preston. The professional development sessions will be free for teachers and trainers. Casual Relief funding will also be provided to schools.

Thank you for raising this matter with me. WRITTEN ADJOURNMENT RESPONSES

226 COUNCIL Tuesday, 3 February 2009

Clearways: small business

Raised with: Small Business

Raised by: Mr D. Davis

Raised on: 29 May 2008

REPLY:

The change to clearway operating times is part of the Victorian Government's broader Keeping Melbourne Moving plan, to relieve congestion during peak times. It is important that the flow of traffic is maintained and that congestion does not prevent access to significant community and retail centres.

Our community and businesses need less congestion to cut costs and make it easier for people to move around the city and inner suburbs. Clearway times must be easy for the public to understand.

The Minister for Roads and Ports and I have been working to ensure the needs of businesses have been taken into account. A Clearways Implementation Reference Group was established to provide input on the rollout of changed clearway hours. Small business representative groups were invited to participate and there are four business representatives on the Reference Group.

Consultation is continuing with ten inner city councils and trader representatives on changes to clearway times. Submissions from members of the public were invited.

Feedback from the Reference Group, submissions and consultations are being considered in implementing changes to clearway operating times and any additional measures to balance the interests of all road users.

Minimising congestion in and around the CBD will benefit all. We are consulting to get the right balance for all.

Mallacoota: community centre

Raised with: Regional and Rural Development

Raised by: Mr P. Davis

Raised on: 11 June 2008

REPLY:

The Member for Eastern Victoria asked that the Minister for Regional and Rural Development to support the Croajingolong Centre for Communications and the Arts in Mallacoota.

The Member should advise his constituents to contact Regional Development Victoria and the Department of Planning and Community Development to examine whether funding may be available under the Small Towns Development Fund (RDV) and/or the Community Support Fund (DPCD) for this project.

Regional and rural Victoria: tourism initiatives

Raised with: Regional and Rural Development

Raised by: Mr P. Davis

Raised on: 12 June 2008 WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 227

REPLY:

The Member for Eastern Victoria asked that the Minister for Regional and Rural Development establish a program specifically to support tourism growth opportunities for Victorian towns such as Omeo and Mallacoota in remote Victorian locations.

The regional development programs established by this Government and delivered through Regional Development Victoria already support many tourism and other economic development projects in remote towns and communities. The Regional Infrastructure Development Fund (RIDF) alone has provided almost $42 million to support major tourism projects and the Small Towns Development Fund (STDF) has supported 38 tourism projects with a further $3.9 m throughout Victoria. Mallacoota has received funding totalling $1.5 m under RIDF for projects which contribute to tourism growth, including $791,000 announced in April this year for a significant upgrade of the Mallacoota airport. One of the key reasons the Victorian Government supported the airport’s upgrade was its potential to increase access for tourists to the region’s world-class wilderness attractions.

Similarly, Omeo received $251,514 funding for their Business and Tourism Precinct in 2006 under the Government’s Small Towns Development Fund.

John Valves Pty Ltd: contracts

Raised with: Premier

Raised by: Mr Vogels

Raised on: 30 July 2008

REPLY:

– Maximising opportunities for regional and local suppliers to sell to Government is important.

– However, realising these opportunities needs to be balanced with ensuring an open and competitive procurement process as well as ensuring best value for money.

– The Government has a range of policies and initiatives in place to help local industries develop and build their capabilities to compete for Government business.

– In 2001 the Government introduced the Victorian Industry Participation Policy (VIPP) to increase opportunities for local small and medium businesses and supply chain partners to participate in Government business.

– While this scheme encourages local bids for Government projects, evaluation of bids remains based on the principles of value for money, competitiveness, non-discrimination and transparency.

– In August 2006, the Government released the $98 million Small Business Statement Time to Thrive: Supporting the Changing Face of Small Business. It outlines a range of programs and initiatives designed to remove barriers and create new opportunities for small businesses in their dealings with Victorian Government agencies.

– Additionally, the Victorian Government Purchasing Board’s Regional Sourcing Policy requires departments to consider regional sourcing opportunities in the procurement planning stage.

– Victorian water authorities are required to benchmark against this policy.

– The Victorian Government is making record investments in water infrastructure, creating a network of water pipelines to secure water supplies in regional Victoria.

– These projects have been built using a majority of local materials and labour, where available. For example, 95 per cent of construction materials and labour for the Goldfields Superpipe Ballarat section, and 99 per cent of WRITTEN ADJOURNMENT RESPONSES

228 COUNCIL Tuesday, 3 February 2009

pipe supply for the Bendigo section were supplied by local firms. Similarly, the Wimmera Mallee Pipeline used approximately 85 per cent local employment, and the Gippsland Water Factory 65 per cent local employment.

– In the case of John Valves, Victorian Government representatives have met with the company several times over the past few years to discuss opportunities for further investment, export development particularly into the Middle East, training for staff, infrastructure improvements and productivity improvements.

– Unfortunately, a high level of debt and related issues has meant that the company is now being liquidated by an Administrator.

– Since the replacement of John Valves’ former management with the Administrator, the Government has provided assistance to ensure the needs of workers are met, including acting quickly to implement an Employment Response Plan.

– This Plan brings together a range of stakeholders including staff from the Skill Up program, unions, Centrelink and worker support agencies to provide first response support for those workers and families in immediate need.

– Regional Development Victoria has continued to work with the Administrators following the company being placed into liquidation on 20 November 2008.

Inner South Community Health Service: resourcing health and education program

Raised with: Consumer Affairs

Raised by: Ms Pennicuik

Raised on: 30 July 2008

REPLY:

I refer to the request made to you by the Inner South Community Health Service: Resourcing Health and Education program (RhED) for information regarding review of the Prostitution Control Act 1994.

The operation of the Prostitution Control Act 1994 has been under review with an emphasis on enforcement efforts in relation to illegal brothels in order to address community concerns. Consultation has been undertaken with those agencies concerned with enforcement, including the Victoria Police and relevant Municipal Councils. It is anticipated that an amendment bill will be introduced to Parliament this year as a result of this process.

A number of recommendations have also been made by the Prostitution Control Act Ministerial Advisory Committee in their report Improving the Regulation of the Sex Industry and Supporting Workers Who Want to Move On. RhED is represented on this Committee and contributed to these recommendations. The government response to this report will be released publicly in the very near future and further amendments to the Act are expected next year to give effect to this response. Targeted consultation will take place with relevant parties as required in the development of those reforms.

I recognise the unique place RhED occupies and would like to commend them on their valuable contribution to the health and welfare of those working in the sex industry. RhED is welcome to make submissions at any time about improvements to specific aspects of the Act, either directly to myself or through RhED’s member on the Prostitution Control Act Ministerial Advisory Committee.

Thank you for raising this matter with me.

Alcohol: binge drinking

Raised with: Consumer Affairs

Raised by: Mrs Coote WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 229

Raised on: 30 July 2008

REPLY:

The experience of governments in all Australian jurisdictions is that the statutory control of liquor to minimise alcohol-related harm is a highly complex area that requires consideration of a wide range of issues and enforcement practices when regulating a legally available product. The April 2008 increase in taxation of ready to drink alcohol products is a matter for the Commonwealth Government.

The Brumby Government is committed to preventing and reducing harm associated with alcohol misuse. The Victorian Alcohol Action Plan 2008–13 (‘VAAP’) identified specific immediate actions and established a long-term framework for change in this area.

The Government has committed itself, as part of the VAAP, to explore how best to support parents in limiting the supply of alcohol to their children and other minors. The Government is also taking an active role in assisting the Ministerial Council on Drug Strategy to prepare advice to the Council of Australian Governments on a wide range of strategies for reducing binge drinking, including how best to control secondary supply. This process is continuing.

In May 2008, I issued a public warning on alcoholic energy drinks (a type of ready to drink products that is marketed as containing caffeine or a similar stimulant) and instructed Consumer Affairs Victoria to further investigate possible misleading or deceptive conduct in alcoholic energy drink marketing. This investigation is continuing.

In addition, the Government’s Celebrating Safely program provides advice to parents on assisting their children to make informed decisions about drinking alcohol, discussing alcohol issues with their children and setting ground rules regarding alcohol. The Government, in conjunction with the Australian Drug Foundation, also provides a range of fact sheets on minimising alcohol-related harm for parents of primary and secondary school children. Also, Victoria Police’s Partysafe program helps parents minimise the risk of having intoxicated guests at a party.

Monash Freeway: noise barriers

Raised with: Environment and Climate Change

Raised by: Mr D. Davis

Raised on: 31 July 2008

REPLY:

The VicRoads Traffic Noise Reduction Policy establishes relevant guideline values and triggers for publicly owned freeways and arterial roads. Relevant guidelines and decision making on road traffic noise currently rest with VicRoads and the Minister for Roads and Ports. I understand Minister Pallas has responded to your Adjournment debate question on 9 September 2008, raising the issues of noise abatement on the Monash Freeway.

I have asked the EPA to continue to work with VicRoads to ensure appropriate standards are in place for road traffic noise and that where necessary, an appropriate program of noise mitigation works is in place.

Dental services: eastern suburbs

Raised with: Health

Raised by: Mr Leane

Raised on: 31 July 2008 WRITTEN ADJOURNMENT RESPONSES

230 COUNCIL Tuesday, 3 February 2009

REPLY:

I thank the Member for the Eastern Metropolitan Region, Mr Shaun Leane, for his adjournment debate on 31 July 2008, regarding funding for health services in Melbourne’s eastern suburbs to allow initiatives such as the Dental Waiting Times Grants Program to take place.

As Mr Leane has noted, our Government has invested over $950 million into oral health since 1999.

The Dental Waiting Times Grants Program 2008–09 is a new initiative that encourages the local development of innovative solutions to reduce or smooth dental waiting times. The intention is to foster the local implementation of systems changes to reduce the dental waiting list.

I am pleased to advise that a partnership of community health services in outer east Melbourne composed of Know Community Health Service, Ranges Community Health Service and Eastern Access Community Health has received $95,000 to help reduce waiting lists through the program.

The new funding will be used to create a single point of entry for public dental users in the outer eastern suburbs, which will ensure that non-urgent patients can be referred to the agency which is best placed to treat them as quickly as possible.

This project will help streamline patients who are waiting for non-urgent appointments and care in the outer eastern area.

A number of positive outcomes are expected from the project including:

– the better targeting of services with a decreased need for an emergency response – the better utilisation of individual professional expertise across the scope of practice and – more integrated oral health promotion activities across the catchment.

Western Melbourne Tourism: funding

Raised with: Tourism and Major Events

Raised by: Mr Pakula

Raised on: 31 July 2008

REPLY:

The Victorian Government is an active supporter of tourism in the western suburbs and commends Western Melbourne Tourism on its commitment to promoting the region.

Melbourne’s West is home to many popular tourist attractions, including Scienceworks at Spotswood, Werribee Mansion and the Werribee Open Range Zoo, the Williamstown heritage precinct and the RAAF Museum at Point Cook.

To further assist in the promotion of this region, I am pleased to inform you that the Victorian Government will provide a one-off allocation of $50,000 for the promotion of Melbourne’s West, subject to a co-contribution from local government and tourism operators in the region.

An agreed marketing plan is currently being developed between Tourism Victoria, Destination Melbourne Limited and Western Melbourne Tourism, which will allow the co-operative marketing and advertising activities to align with and effectively leverage Tourism Victoria’s current image campaign for Melbourne.

This funding provides a fantastic opportunity to highlight the many attractions on offer in western Melbourne, and I congratulate you on your commitment to supporting tourism in your local area. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 231

Skills training: discussion paper

Raised with: Skills and Workforce Participation

Raised by: Ms Pennicuik

Raised on: 31 July 2008

REPLY:

I refer to the matter raised during the Adjournment Debate in the Legislative Council on 31 July 2008, regarding skills reform.

On 26 August 2008 I announced, alongside the Premier, Securing Jobs for your Future–Skills for Victoria. These reforms deliver $316 million in extra funding over the next four years. It will provide an additional 172,000 training places for Victorians and further strengthen our world-class TAFE network.

In the new skills system, individuals will continue to make some financial contribution to the costs of their training, but this contribution would be more accurately aligned with the benefits they receive in the future. Some parts of the system face fee increases, but they are at the higher qualification levels. Recent research demonstrates that people who undertake training at higher levels gain significant benefits in terms of secure employment and higher wages. In addition, increasing the investment from individuals will enable government funded training to reach more people.

To ensure that tuition fees do not serve as a disincentive to training, a landmark agreement has been reached with the Commonwealth to introduce an income contingent loan scheme for diploma and advanced diploma students. This scheme would operate on the basis that individuals would pay for training only when they begin to benefit from it through higher wages.

I note your interest in concessional fees for health care card holders. Under the reform package, the Government has maintained its commitment that those with a health care card are able to access training at concession rates for Foundation, Skills Creation, and Skills Building courses, and for all apprenticeships and traineeships.

The reforms will increase government funding to ensure more Victorians are able to access the training system through public and private providers. Public TAFE institutes should do well under the reforms. The Victorian TAFE system is highly efficient and capable of extensive innovation. It should also be noted that TAFE institutes are in a healthy financial position and are well placed to compete with the private market.

We recognise that some parts of TAFE will need support to improve their capacity to deliver the reforms and meet the challenge of more students. The Government will invest an additional $33 million over the next four years in the TAFE and Adult, Community and Further Education sectors to ensure they have the capacity to grow and expand when delivering what their users need in a competitive environment. Implementation of the reforms will be staged over four years, limiting the initial impact. The Government will work closely with TAFE institutes through implementation.

The Victorian VET system is the strongest in the nation and under these reforms we are committed to ensuring that the quality of training provision will be safeguarded. Training providers will have to meet certain conditions to be eligible to offer government subsidised training, and the Government will work closely with the Victorian Registration and Qualifications Authority to uphold system quality. In addition, providers will be subject to an enhanced training audit regime during implementation, with the engagement of industry regulatory authorities monitoring the quality of outcomes, where appropriate.

Given the significance of these reforms, extensive consultation was undertaken in its development. In April 2008, I released a discussion paper on proposed reforms to the vocational education and training system in Victoria. Individuals, industry and training providers were invited to respond to the discussion paper. The consultation process closed in June 2008 and over 150 responses were received from a wide range of interested parties. The submissions are now available on the Skills Victoria website, www.skills.vic.gov.au. I also undertook more than 40 face-to-face consultations with stakeholders, including a roundtable discussion hosted by the Premier. These WRITTEN ADJOURNMENT RESPONSES

232 COUNCIL Tuesday, 3 February 2009 submissions and consultations informed the Ministerial Statement, Securing Jobs for Your Future — Skills for Victoria.

As part of the ongoing consultation process I am also touring all of the major Victorian TAFE campuses to discuss the new skills reforms directly with staff and students. I will continue to consult with stakeholders during implementation of this reform package.

Thank you for your interest in this important policy area.

Gaming: smoking ban

Raised with: Gaming

Raised by: Ms Hartland

Raised on: 19 August 2008

REPLY:

The Government banned smoking in the gaming areas of hotels and clubs in 2002.

In addition, from July 2007 the Government banned smoking in all enclosed areas of licensed hotels and clubs. The Government has also amended the Gambling Regulation Act 2003 to prohibit gaming machines being placed in outdoor areas of gaming venues.

The issue of smoking in gaming venues is a public health and an occupational health and safety issue.

The Government believes that it would be unreasonable to extend the smoking ban to stop people from going outside to have a cigarette.

The Victorian Civil and Administrative Tribunal’s decision cited involved a planning permit for the Moonee Valley Racing Club to construct a terrace for use as a smoking area for patrons. The decision noted “the responsible authority’s Health Department advised that the proposed terrace would meet the requirements for an outdoor smoking area under the Tobacco Act 1987.”

Thank you for raising this matter with me.

Planning: Melbourne

Raised with: Planning

Raised by: Mr Guy

Raised on: 20 August 2008

REPLY:

On November 25, 2008, I approved Melbourne Planning Scheme Amendment C105 ‘CBD Lanes’, with changes in accordance with section 35 of the Planning and Environment Act 1987. Notice of approval of Amendment C105 to the Melbourne Planning Scheme will shortly appear in the Government Gazette.

I believe that the introduction of a specific laneway provision in the Melbourne Planning Scheme is justified in order to protect the quality and amenity of Melbourne’s CBD laneways.

This is a complex amendment. The independent planning panel identified a number of weaknesses with the amendment and I believe that the amendment required strengthening to operate as an effective tool to guide decision making for development in and abutting CBD laneways. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 233

My Department has made a number of changes to the amendment, including the provision of a three year expiry clause to part of the new laneway control. This interim period will enable the Melbourne City Council to undertake a comprehensive review of the CBD Lanes policy and the background study titled ‘CBD Lanes Built Form Review August 2005’ to address a number of outstanding issues and further strengthen the policy.

WorkChoices: Roy Morgan Research

Raised with: Industrial Relations

Raised by: Ms Pulford

Raised on: 21 August 2008

REPLY:

In addition to pointing out some of the many failings of the industrial relations regime foisted on Australia’s most vulnerable workers by the former Federal Government, you asked me to request the Workplace Rights Advocate (WRA) to provide information on any complaints it might have received in relation to Roy Morgan Research.

I am advised that the Workplace Rights Information Line operated for the WRA has received an enquiry from a member of the public in relation to Roy Morgan Research. I understand that the caller was seeking general information about employee rights in relation to unfair dismissal and I am advised that the WRA has not received a complaint in relation to Roy Morgan Research.

I will keep you informed as to any future developments in this matter and I thank you again for your interest.

Employment: regional and rural Victoria

Raised with: Regional and Rural Development

Raised by: Mrs Petrovich

Raised on: 10 September 2008

REPLY:

In the September quarter, the unemployment rate in Provincial Victoria remained stable at 4.8 per cent — close to all-time lows.

From quarter ending October 1999 to quarter ending October 2008, employment in Provincial Victoria has increased by 124,492 persons and the unemployment rate has fallen 2.9 percentage points.

The Government, through Regional Development Victoria and the Department of Innovation, Industry and Regional Development, is implementing a range of measures to increase regional employment. From October 1999 until November 2008, DIIRD has facilitated the creation of 17,525 new jobs in provincial Victoria through assistance to 485 projects which have led to investment of more than $10 billion.

For example, the Government helped establish the Geelong Investment and Innovation Fund (GIIF) with Ford Australia and the Federal Government. Round 1 of the GIIF funding has been announced with grants aggregating $3.4 million resulting in I93 new jobs created and $29 million of new investment for the region.

Other recent examples of Government facilitated jobs and investment include 2,000 jobs (1,400 new and 600 relocating) at Satyam Computer Services’ new software development and training campus at Geelong, and 300 jobs at IBM’s IT Services at the Ballarat Technology Park.

The Government is working with a variety of companies in Provincial Victoria to facilitate new investment and jobs and mitigate the impacts of the economic downturn. WRITTEN ADJOURNMENT RESPONSES

234 COUNCIL Tuesday, 3 February 2009

Where employment decisions result in job losses, the Government's regional offices work directly with local communities to respond by providing information and support, and through identification of the best possible opportunities and assistance to affected workers to re-train or find a new job.

The Government also has a number of programs in place for Provincial Victoria through its Moving Forward plan that assists in community development, improved infrastructure, training and skills development and the creation of new jobs, increased investment and exports.

Melbourne Wholesale Fish Market: closure

Raised with: Agriculture

Raised by: Mr P. Davis

Raised on: 7 October 2008

REPLY:

I note your concerns with regard to the impending closure of the Melbourne Wholesale Fish Market.

In May 2006, the then Minister for Agriculture, the Hon Bob Cameron MP indicated to the fish industry a willingness to provide access to land at the new fruit and vegetable Market site at Epping for the new fish market. Industry were also advised that any access would need to occur on commercial terms and that the State would welcome a proposal. The State reiterated this offer in August 2007 and again on 10 September 2008 when I met with representatives of the fish industry. To date no proposal has been received.

I trust that this clarifies the State’s position in relation to assisting in facilitating the relocation of the Melbourne Wholesale Fish Market.

Plastic bags: supermarket trial

Raised with: Environment and Climate Change

Raised by: Ms Darveniza

Raised on: 7 October 2008

REPLY:

As you outlined in your question, Victoria’s trial achieved a 79 per cent reduction in plastic bag use, showing that shoppers are ready and able to say no to plastic bags. I presented the results at a meeting of Australia’s Environment Ministers on 7 November, and Ministers agreed, based on the outcomes of Victoria’s trial, that Victoria lead the development of a proposal to implement a national partnership to reduce plastic bag use, based on a shared approach to:

– Community education and behaviour change; and

– Working with the plastics and chemicals industry to drive recycling and the development of biodegradable options, to address end-to-end use and environmental impacts of plastic bags.

The essential element of the partnership would see enterprise-wide plastic bag reduction plans being adopted and implemented by supermarket chains. These plans will be measurable and accountable to a consistent legal framework which would prescribe that unless retailers adopt strategies to reduce bag use they would be subject to a prescribed price or ban on plastic bags. WRITTEN ADJOURNMENT RESPONSES

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City of Stonnington: street violence

Raised with: Attorney-General

Raised by: Mrs Coote

Raised on: 7 October 2008

REPLY:

Matters relating to the Victorian Alcohol Action Plan (VAAP) are the responsibility of the Minister for Mental Health, and those relating to Victoria Police are the responsibility of the Minister for Police and Emergency Services.

However, I have been advised that the VAAP outlines the Victoria Police’s Safe Streets project and that it will, among several of its objectives, gain a deeper understanding of the triggers and precursors to public safety related crime and determine the effectiveness of current and proposed policing strategies. Victoria Police, in conjunction with Australia 21, has conducted an expert roundtable to determine the triggers and precursors of antisocial behaviour. The report from the round table will be made available by the end of this year.

The Safe Streets operational task force has been operating in the inner city of Melbourne since October 2007. The Taskforce targets anti-social and violent behaviour and responds to public order issues by providing pro-active patrols in the precinct on Friday and Saturday nights. These resources are intelligence driven and have the ability to concentrate police members for deterrence, detection or combating public order (assaults, robbery, damage) and licensing offences. A similar taskforce will be trialled in regions across the state, to further understand the effectiveness of current and proposed policing strategies. Stonnington has been selected as one of the trial areas.

The Chapel Street Prahran entertainment precinct is a popular location and attracts many persons from all parts of Melbourne, particularly late at night and over weekends. There are numerous nightclubs and licensed venues, restaurants, public entertainment areas and shops that combine to appeal to the interests of many people of diverse age groups. Police members work co-operatively with Local Government and community groups including the Stonnington Liquor Accord to ensure that those who come to Chapel Street and the surrounding area can enjoy the many attractions and entertainment venues, experiencing a safe and orderly environment. Police have adopted a number of strategies to further this objective–

– State Liquor Licensing Task force, RAZON — a police focus on skilled consistent, visible compliance and enforcement activity in relation to targeted licensed venues. RAZON members work collaboratively with licensees and managers through education and supplying information to help reduce alcohol related harm.

– Local Unit Tasking — Stonnington police units are tasked to concentrate their pro-active patrols in areas where they will achieve the highest visible police presence and provide the greatest deterrence to those who try to cause public unrest, commit unlawful acts or place public safety at risk.

– Stonnington Police Operations — are conducted at irregular intervals and comprise members from the Uniform Police Stations, Criminal Investigation Unit, Traffic Management Unit and specialist resources. These operations target areas such as public order, licensing, drink-driving and high volume offences (such as thefts of and from motor cars etc).

Thank you for raising this matter with me.

Drugs: government policy

Raised with: Mental Health

Raised by: Mrs Peulich

Raised on: 8 October 2008 WRITTEN ADJOURNMENT RESPONSES

236 COUNCIL Tuesday, 3 February 2009

REPLY:

The Government is committed to reducing the harms caused by illegal and legal drugs in the Victorian community. While alcohol issues have received much recent attention, the Government is also implementing a range of programs and initiatives to address harmful use of illicit drugs such as Amphetamine Type Stimulants including ‘ice’.

The Government commits $124 million annually for alcohol and other drugs programs. Much of this budget is spent on addressing illicit and poly-drug use. As the Minister responsible for drugs, this portfolio comes under my responsibility.

We have committed to a long-term strategy to tackle amphetamines in Victoria. The Amphetamine Type Stimulant (ATS) and Related Drugs Strategy will provide the framework for a comprehensive coordinated state-wide response to ATS use in Victoria, complementing existing frameworks and strategies, and the recent national ATS strategy.

Last summer we commenced the ‘ice: it’s a dirty drug’ campaign. The campaign was developed to raise awareness, particularly focused towards young people, of the physical and mental health risks associated with crystal methamphetamine or ‘ice’ as well as its dangerous ingredients.

In 2007, an education brochure, What parents should know about ice, was developed to provide information and advice to parents on crystal methamphetamine. This brochure was distributed through schools to parents of all Victorian students completing years 10, 11 and 12.

The Department of Human Services has also developed the GHB (gamma-hydroxybutyrate) campaign in consultation with Turning Point Alcohol and Drug Centre, the Australian Drug Foundation, RaveSafe, and a number of dance party promoters. The GHB education and prevention campaign targeted patrons of dance parties and late night entertainment venues, promoters and venue operators. Posters and resource kits reinforced the message that ‘using GHB is never safe’.

In 2004 we launched A code of practice for running safer dance parties to assist organisers of festivals and dance events plan, manage and run events safely.

This year (2008) we launched Restoring the balance — Victoria’s alcohol action plan 2008–2013. The plan commits $37 million over four years to reduce risky drinking and its impact on families and young people and reduce the consequences of risky drinking on health, productivity and public safety.

The Victorian Government is committed to the provision of support services and a range of education, prevention and law enforcement initiatives to help Victorians address the challenges surrounding drug use.

Schools: walking bus program

Raised with: Health

Raised by: Mrs Petrovich

Raised on: 8 October 2008

REPLY:

VicHealth is an independent statutory authority, funded by the Victorian Government.

The VicHealth Board makes decisions about the operation of the organisation independently of the government, including the decision to cease funding the Walking School Bus.

It should also be noted that I have previously responded to Mr Vogels’ adjournment debate of 10 September 2008, and I would refer you to that response to supplement this response. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 237

In regard to insurance, I am advised that it is the role of councils to address the insurance coverage of the Walking School Bus coordinator and volunteers and that this is covered through the general insurance of councils.

Victoria has always led the way in Australia in tackling obesity. The Government has provided over $150 million for ‘Go for Your Life’ initiatives to address risk factors for chronic diseases such as diabetes and obesity.

We know that physical activity is a major benefit in reducing a range of diseases and conditions, including cardiovascular disease, diabetes, some cancers, obesity and falls among the elderly.

‘Go for your life’ was launched in 2003 to provide to help Victorians become more healthy and active, with the aim of significant reductions of obesity and preventable chronic diseases in the long term.

At present there are over 40 interventions funded directly by ‘Go for your life’, that are managed by a number of departments across the Victorian Government. These programs are often delivered through partnership arrangements with, for example, primary schools and Primary Care Partnerships. These projects focus on the target populations of children, young people, adults, senior Victorians and high risk population groups.

Primary to this activity is the Kids–’Go for your life’ initiative, which is a statewide program designed to reduce the risks of overweight and obesity in children aged 0–12 years. The program supports children’s settings to promote healthy eating and physical activity through an Award Program.

Other key initiatives include:

– Free Fruit Friday and the Healthy Start Kitchen Gardens Project in schools – The ‘Go for your life’ Community Education Program – Sport and Recreation Victoria sporting uniform grants, leadership programs and the Ride2School Program – Two ‘Go for your life’ community demonstration projects targeted to children aged 0–12 years, and – a range of Teenagers ‘Go for your life’ positive body image initiatives.

Drought: rate subsidy

Raised with: Agriculture

Raised by: Mr Koch

Raised on: 8 October 2008

REPLY:

I refer to the matter that you raised in the adjournment debate on 8 October 2008, concerning reinstatement of the municipal rate subsidy.

The Victorian Government is acutely aware of the impact of ongoing dry conditions and low water allocations on families and communities in rural and regional Victoria and is committed to providing appropriate and effective assistance to those in need.

This assistance has included the municipal rate subsidy, which was first introduced in July 2005 for the 2005/06 and 2006/07 financial years, and then extended to 2007/08 in December 2006.

As with all such programs, the Government has a responsibility to continuously review the need for, and effectiveness of, drought assistance to ensure that it remains appropriate and continues to meet its objectives. To this end, the Government has reviewed the impact of the current season on overall drought recovery across the state, and designed an appropriate response to address the needs of farmers, small businesses and rural communities. WRITTEN ADJOURNMENT RESPONSES

238 COUNCIL Tuesday, 3 February 2009

On 13 October 2008, the Premier John Brumby announced a $115 million assistance package for drought-affected rural communities. This brings to more than $400 million the total value of assistance announced by the Government since 2006.

The package includes $15 million to extend the municipal rate subsidy to 2008/09. Eligible farmers who have paid their first quarterly rates instalment for 2008/09 in full may still claim their full subsidy entitlement.

The Department of Primary Industries (DPI) has distributed guidelines and related documents for the administration of the municipal rate subsidy to all Councils in Victoria. Please advise farmers in your electorate to contact their local Council for more information on how to claim the rate subsidy.

The Government’s package also includes $58 million for water rate rebates for irrigators with low seasonal allocations, $10 million for environmental works programs for rural employees impacted by drought, $10 million for infrastructure and employment assistance in rural communities and $2.9 million to boost drought mental health services and support.

A further indication of the Government’s on-going commitment to the farm sector and rural communities is the $205 million Future Farming strategy released in April 2008. This initiative provides for investment over four years across seven broad action areas to enable farm businesses in Victoria to become more productive, competitive and sustainable as they enter a new era of unprecedented change. This strategy also includes programs such as the $3.74 million Rural Futures Initiative, the $2.18 million Sustaining Farm Families program and a new $2.4 million National Centre for Farmer Health. In addition, and in response to the particular issues and challenges facing irrigators, the Government has extended funding for three financial counsellors and funded three additional senior counsellors to facilitate case management across the northern irrigation region over the next three years.

The Government will continue to closely monitor drought impacts throughout the state and provide appropriate, targeted support which best meets the needs of affected communities.

Thank you for raising this matter during the adjournment debate.

Consumer affairs: Browns Gas

Raised with: Consumer Affairs

Raised by: Mr Elasmar

Raised on: 8 October 2008

REPLY:

I am advised that Consumer Affairs Victoria (CAV) has sought expert advice from the Department of Mechanical and Manufacturing Engineering at the University of Melbourne. The general advice that has been provided is that the basic premise behind these types of products is not without some merit. The devices simply create a gaseous mixture of hydrogen and oxygen from water and sends this into the engine.

I am further advised that mixing hydrogen with hydrocarbon fuels is something that has been shown to have potential benefits. Of course, the potential benefits will vary depending on the type of vehicle, road and usage conditions. The contentious issue is whether the claimed fuel savings are realised by consumers.

CAV has also advised me that this issue was discussed at a recent meeting of all Australian consumer protection agencies. The discussion focused on the validity of claims made by manufacturers of fuel saving devices. Since these devices are marketed across Australia, the New South Wales Office of Fair Trading has commenced a project that aims to assess the validity of such claims and have those that are unable to measure up removed from the Australian market. CAV, together with the Western Australian Office of Fair Trading, is liaising with and assisting in this project. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 239

Further, if claims made by manufacturers of fuel saving devices available in Victoria are found to be false, CAV will take action to warn consumers about these products.

Thank you for raising this matter with me.

Alfred hospital: performance

Raised with: Health

Raised by: Mr D. Davis

Raised on: 8 October 2008

REPLY:

I would like to thank Mr Davis, MLC, for raising this matter with me.

Demand for emergency services is growing and emergency presentations are up across the sector as is the acuity of presentations. With emergency patient acuity increasing and the need to admit patients, pressure has been placed on emergency performance.

I am pleased to advise that in 2008–09 significant funding support has been provided to The Alfred Hospital to assist in alleviating demand pressure. This includes:

– An increase of $8.8 million in activity based funding for emergency, elective surgery and ICU services

– Supporting winter demand pressure at The Alfred Hospital through allocation of an additional $0.5 million to provide 8 step down beds to sub acute services and to implement emergency clinical assessment and treatment in-reach service to residential aged care facilities.

In addition the Government has allocated significant capital funding to Alfred Health to improve access across the spectrum of emergency and elective surgery services:

– $20 million has been allocated to establish a new 45 bed Alfred ICU which will be opened in November 2008.

– $17 million is allocated to the The Alfred Centre Stage 2 project with construction having commenced in March 2008. This project will provide additional space for clinical services, research and educational institutions. The additional clinical space will enable expansion of the elective surgery centre to include a broader ambulatory care focus.

Planning: Cardinia land

Raised with: Planning

Raised by: Mr O’Donohue

Raised on: 8 October 2008

REPLY:

The land at Dixons Road, Cardinia was formerly used as a fertiliser depot which was considered to be an inappropriate use on the edge of the Cardinia township.

A site specific control was introduced to the Cranbourne Planning Scheme in 1997 to allow relocation of the fertiliser depot to Kooweerup, and with the introduction of the New Format Planning Schemes in 1999, the site specific control was translated to the Cardinia Planning Scheme. WRITTEN ADJOURNMENT RESPONSES

240 COUNCIL Tuesday, 3 February 2009

The site specific control allowed an eight lot subdivision as part of the relocation of the fertiliser depot to Kooweerup.

In September 1999, the owners entered into a section 173 Agreement as required under the site specific control to remove the fertiliser depot within five years.

The first stage of the subdivision was completed in 1999 creating five of the eight lots. The remaining three lots (approximately 1 hectare in size each) were to be created following the complete relocation of the fertiliser depot. This relocation was completed in 2004 with the associated slabs, footings and shedding removed in 2006.

The incorporated document setting out the site specific control in the Schedule to Clause 52.03 did not include an expiry date. As a result, the site specific control automatically expired under the general provisions of Clause 52.03 as the development was not completed within one year of the date of commencement of works or another date specified in the incorporated document. The site specific control expired in 2000.

This is preventing the issue of a permit to subdivide and create the remaining three lots, and triggered the preparation of Amendment C105 to the Cardinia Planning Scheme to reintroduce the site specific control.

The amendment, if approved will require ratification by Parliament, as it meets the criteria set out in section 46AF(1)(b) of the Planning and Environment Act 1987.

The subject land is located within a Green Wedge Zone under the Cardinia Planning Scheme.

Amendment C105 Part 2 to the Cardinia Planning Scheme as adopted by Cardinia Shire Council and seeking my approval proposes to reinstate site specific provisions enabling the completion of a proposed eight lot subdivision fronting Dixons Road, Cardinia.

Teson Trims: closure

Raised with: Regional and Rural Development

Raised by: Ms Darveniza

Raised on: 8 October 2008

REPLY:

Teson Trim ceased its car component operation in November 2008 resulting in the loss of some 96 jobs at the Euroa site. The Strathbogie Employment Response Plan which is led by Regional Development Victoria (RDV) and Strathbogie Council, was immediately instigated, providing assistance options for staff. It was critical to act quickly as Euroa is a small town of 3,000 people with Teson Trim being the largest manufacturing employer.

Funding of $151,200 was immediately provided under the Skill Up Program for the 96 Euroa and 30 Mitcham staff, with the regional allocation to be delivered by Goulburn Ovens TAFE and the Euroa Community Education Centre (ECEC). Over 50% of the retrenched employees have met with ECEC to discuss training options, undertake a basic skills audit and map out a plan to accelerate getting retrenched workers back into the workforce. Training programs have since been delivered covering business, transport and distribution and agricultural skills. Registrations for courses in 2009 including Aged Care and Children’s Services, have also been received by regional training institutions.

RDV continues to coordinate responses from the Department of Human Services and the Department of Planning & Community Development to bring together a range of social supports that could assist the broader community through this adjustment. These include mental health and family support, community resilience and capacity building. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 241

RDV is also supporting two applications under its Small Towns Development Program in excess of $400,000 to ensure that there is a significant injection of local investment and spending to assist the broader retail community during these difficult times.

All opportunities for assistance will continue to be fully explored to encourage economic activity in Euroa, and to assist with retraining of retrenched staff.

Stamp duty: superannuation funds

Raised with: Treasurer

Raised by: Mr Rich-Phillips

Raised on: 8 October 2008

REPLY:

The question raised relates to the duty consequences on transactions where a trustee company is required to be used for the purchase of a mortgage before the asset (ie, property) is transferred into a superannuation fund. The product is better known as an instalment warrant.

The SRO received a submission from the Taxation Institute of Australia (‘TIA’) dated 4 September 2008 regarding the duty consequences of instalment warrant arrangements entered into by trustees of superannuation funds. Although these arrangements can take a number of different formats, the SRO provided a detailed response to the TIA in a submission dated 24 October 2008 based on sample documentation provided by a number of financing institutions. The SRO also agreed for the TIA to make that submission public and to provide more specific advice regarding particular arrangements on a case by case basis.

Under these financing arrangements, the superannuation fund provides the deposit and balance of the purchase price for acquisition of the property; however a person other than the trustee of the fund (that is, a custodian) acquires the property on trust for the superannuation fund. On discharge of the mortgage by the fund, the custodian transfers the property to the superannuation fund absolutely.

Duty is payable when the custodian first acquires the property. The question raised in the adjournment debate relates specifically to whether duty is also payable on the transfer of the property from the custodian back to the trustee of the superannuation fund. The SRO has already determined, (and advised the TIA in the submission dated 24 October 2008), that based on the sample documents it has been provided with, a number of duty exemptions may be applicable to this transfer of property, however, in order to determine the most appropriate duty exemption, the SRO would need to consider transactions on a case by case basis as the particular facts of each case are likely to vary.

The ability of superannuation funds to utilise instalment warrant arrangements was only settled in September 2007. To be able to provide information on the duty consequences of transactions that involve instalment warrant arrangements, the SRO has had to analyse the different types of arrangements available. To assist taxpayers to consider the duty consequences of these types of transactions, the SRO has posted detailed information on its website.

Geelong Hospital: funding

Raised with: Health

Raised by: Mr Koch

Raised on: 9 October 2008 WRITTEN ADJOURNMENT RESPONSES

242 COUNCIL Tuesday, 3 February 2009

REPLY:

In the 2005–2006 State Budget the Government approved $26.1 million for the redevelopment of the Geelong Hospital Emergency Department.

The redevelopment is due for completion in early 2009. Stage 1 was completed in July 2008. The new Emergency Department will provide significant additional capacity enabling Barwon Health to respond to the growing demand for services.

In relation to recurrent funding, since 1999–2000, Barwon Health has received a recurrent increase in acute funding of over 116 per cent, growing from $114.4 million in 1999/2000 to $247.6 million in 2008/09.

Ambulance services: Ararat and Stawell

Raised with: Health

Raised by: Mr Vogels

Raised on: 9 October 2008

REPLY:

In early 2008 the previous Rural Ambulance Victoria announced that it would seek to employ an additional 100 professional paramedics over two years, allocating positions to service the Grampians region which includes branches at Stawell, Ararat, St Arnaud, Avoca, Warracknabeal and Horsham.

I am advised that these positions will bolster current paramedic resourcing to fill existing roster lines. These additional resources will provide specific cover for shifts where the appointed paramedic is unavailable due to planned and unplanned absences, such as annual leave, illness and professional development days.

As such, Ambulance Victoria advises the newly appointed paramedics for the Central Grampians region will be required to relieve existing staff where and when coverage is required.

Ambulance Victoria has appointed three of the additional 11 paramedics announced for the Grampians Region earlier this year. A second round of advertising is under way and I expect Ambulance Victoria will make further appointments through to 2009 as initially planned.

Echuca: wharf

Raised with: Regional and Rural Development

Raised by: Ms Darveniza

Raised on: 15 October 2008

REPLY:

The Government recognises the tourism significance of the Echuca Wharf.

To that end, RDV and Tourism Victoria have been working with Campaspe Shire Council to explore opportunities around the upgrade of infrastructure in the Port of Echuca Precinct including refurbishment of the wharf infrastructure.

As you are aware, we recently met with the Campaspe Shire Council CEO and Mayor to discuss the wharf and Council’s recent receipt of advice which revealed that the wharf is deteriorating at a more significant rate than anticipated. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 243

Following our meeting, I requested that RDV continue to work with Council on a possible funding submission through the Regional Infrastructure Development Fund (RIDF). Furthermore, I also indicated to Council that any assistance for the wharf will also require the Council to commit to an upgrade plan for the entire Port Precinct to ensure maximisation of its significant tourism potential.

I understand that RDV and Campaspe Shire Council are continuing to work together to develop this submission and are also exploring possible funding leverage opportunities with the Commonwealth Government following recent announcements around the Regional and Local Community Infrastructure Program (RLCIP).

Tourism: Heathcote

Raised with: Tourism and Major Events

Raised by: Mr Drum

Raised on: 15 October 2008

REPLY:

Thank you for your interest in tourism in the Heathcote region.

Tourism Victoria's award-winning Jigsaw campaign advocates that visitors will 'love every piece of Victoria'. The Brumby Government, through Tourism Victoria, works closely with industry and local government partners to ensure that all regions of Victoria receive support and are marketed effectively.

In regard to the promotion of Heathcote as a tourism destination, I can advise that I visited Heathcote as recently as 3 October 2008 to open the Heathcote Wine and Food Festival. The Brumby Government provided $5000 in funding to support this successful event through the Country Victoria Events Program.

This funding allocation assisted with procuring advertising in The Age (within Sunday Life Magazine and Epicure); the appointment of a Public Relations coordinator to target Melbourne publications; and website development. The event was also featured on Tourism Victoria's consumer website, visitvictoria.com.

I can also advise that Heathcote is featured as an individual region within the new The Wine Regions of Victoria brochure, which I launched on 31 October 2008. In recognition of the area's fine wines, the Heathcote section of the brochure is eight full pages in length, highlighting twelve wineries and providing a clearly marked location map.

Heathcote also received coverage in a six-page supplement on Central Victoria called Discover the Wine Regions of Victoria in both The Age and the Sydney Morning Herald in September 2007.

You should also note that Heathcote has a dedicated destination page on visitvictoria.com, which includes a route planner mapping feature so that visitors can find the quickest travel route to the Heathcote area.

More generally, the Goldfields region has received considerable tourism funding support from the Brumby Government in recent years, including $500,000 through the Regional Marketing Program for 2007–09. I am pleased to note that Heathcote will benefit from a new brand campaign for the Goldfields region that is currently in development. This significant new campaign will be launched in 2009.

Employment: ways2work website

Raised with: Industrial Relations

Raised by: Ms Pulford

Raised on: 15 October 2008 WRITTEN ADJOURNMENT RESPONSES

244 COUNCIL Tuesday, 3 February 2009

REPLY:

I refer to the matter raised during the Adjournment Debate in the Legislative Council on 15 October 2008 regarding the organisation of a regional forum in Gippsland for employers, parents and carers.

I understand that the purpose of the forum is to provide information about the recently launched on line tool-kit, ways2work, which has been developed by Workforce Victoria, on behalf of the Working Families Council to provide information to employers and employees on how to support them to achieve a better balance between family and work.

I have referred the matter to Workforce Victoria, and I am informed that Workforce Victoria will be convening a forum in Gippsland in early 2009.

Manufacturing: government strategy

Raised with: Industry and Trade

Raised by: Mr Dalla-Riva

Raised on: 15 October 2008

REPLY:

The Victorian Government is fully committed to the manufacturing sector in Victoria. The Ministerial Statement on Manufacturing and Industry Policy, released in December 2006, outlined the Government’s record in working with the manufacturing sector since 1999 including the Agenda for New Manufacturing which has underpinned manufacturing policy since 2002.

Building Our Industries for the Future, the Victorian Industry and Manufacturing Statement, was launched on 19 November 2008 and contains a $122.7 million Manufacturing Action Plan to support this crucial sector of the economy.

As part of the Statement, the Government not only specifically restated its commitment to ensuring that more local businesses have an opportunity to win work on major Government projects and procurement activity, it also announced measures by which this commitment will be strengthened.

This Government has been active in this area for a number of years in contrast to its predecessor. The Victorian Industry Participation Policy (VIPP) was introduced by this Government in 2001, in the absence of any policy from the previous Government to support local firms through procurement activities.

Since inception to 30 June 2008, the VIPP has cumulatively:

– Been applied to 1014 projects valued at nearly $21 billion; – Assisted in the generation of over 22,500 new jobs; and – Achieved average local content levels of approximately 83.5%.

Through the VIPP, the Industry Capability Network (ICN) has been able to facilitate substantial additional orders for local industry through the major procurement activities of Government. ICN has achieved import replacement figures on VIPP-applicable projects worth over $480 million since the policy’s inception in 2001. This represents money, jobs and skills which would have, otherwise, gone overseas.

Building Our Industries announced a number of changes to the VIPP that will ensure stronger and more systematic consideration of local content in future major procurement activities. For general procurement:

– VIPP commitments prepared by short-listed tenderers will be certified by the Industry Capability Network (ICN) and include a short statement by the ICN on the merits of the local content commitments (including contributions to SME employment, training and skills development); WRITTEN ADJOURNMENT RESPONSES

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– The ‘two-envelope system’ will be abolished. VIPP commitments will be a primary selection criterion in tender evaluation; – ICN approval will be required for any amendments to VIPP commitments as a result of post-tender negotiations. Post-contract verification of VIPP outcomes will be required through the ICN and/or independent audit.

Major projects that meet certain criteria will be declared of strategic significance to the Victorian economy and will be subject to additional local content requirements to help drive economic activity and jobs. These include:

– A requirement that a minimum percentage of the procurement value (on a whole-of-life basis) is comprised of local content. – A requirement to produce detailed Local Industry Development Plans in consultation with ICN which would be used to assess competing bids.

For procurement of the next generation of rolling stock, local content considerations will be a formal selection criterion in tender selection (with a weighting of 10%). In designing the procurement process, the Government will aim to achieve a minimum of 40% local content on a whole-of-life basis — including initial capital costs, maintenance and any related training.

For fleet buying, Victoria recently extended its automotive supply contracts with domestic vehicle producers until 2012.

And finally, the Victorian Government will advocate the development of nationally consistent government procurement rules through the COAG process.

Schools: Catholic sector

Raised with: Education

Raised by: Mr D Davis

Raised on: 15 October 2008

REPLY:

I am informed as follows:

The Victorian Government recognises the important role which the non-government schools sector plays in the education of students in Victoria and supports choice in education as demonstrated by the significant funding and other benefits it provides to non-government schools.

This Government entered into the first funding agreement with Victorian non-government schools, putting funding on a sustainable footing with a four year agreement which runs from 2006 to 2009.

In 2008–09, the Victorian Government will provide an estimated $420 million in recurrent and specific purpose funding to non-government schools (of which, approximately $290 million will be allocated to the Catholic system). This represents a 72 per cent increase in recurrent State funding to non-government schools since the 1999–2000 financial year.

In addition, the Government has recently announced a significant funding boost of $38.9 million in capital grant funding to rebuild and upgrade nearly 500 Catholic schools, vastly improving learning opportunities for the State’s 186,000 Catholic school students. These funds will not only improve physical facilities at the schools, but will free funds within the Catholic sector to meet additional operational costs.

This funding is on top of the $15 million provided in capital grants in 2008–09 to support needy non-government schools upgrade educational facilities, of which approximately $11 million will be available to Catholic schools. WRITTEN ADJOURNMENT RESPONSES

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Substantial support is also provided to parents of students attending non-government schools, including the Education Maintenance Allowance for all low income parents and the School Start Bonus which is paid to all parents of students at the beginning of Prep and Year 7. Eligible students can also access the Government’s conveyance allowance, school bus service and public transport concessions.

The negotiation of the next four year non-government schools funding agreement during 2009, to take effect at the beginning of 2010, provides the opportunity for a range of funding and related matters to be considered.

Regional and rural Victoria: obstetric services

Raised with: Health

Raised by: Ms Hartland

Raised on: 15 October 2008

REPLY:

The Brumby Government is committed to providing safe and quality maternal health services to all Victorians. As such, we have a broad range of policies, programs and initiatives currently in place to support the ongoing provision of quality birthing services in rural Victoria. Shortages in the maternity workforce are not unique to Victoria–it is an issue for maternity service providers nationally.

Health services face the challenge of balancing access to care with the ability to provide safe quality care. Attracting medical and midwifery staff to rural areas is not only about numbers but the ability to maintain skills to ensure safe practice when diminishing patient numbers gives rise to fewer opportunities to practice.

Almost $10 million has been allocated since 2003 through the Rural Maternity Initiative to support sustainability of maternity services in rural Victoria. Continuity of midwifery care, access to caseload models of care, annualised salary for midwives, antenatal and postnatal care provided in the home, collaborative care, funding of antenatal care have all been implemented in recent years as a result of Government initiatives and policy directions. These initiatives are also consistent with the underlying principles in the Commonwealth document ‘Improving Maternity Services in Australia’.

There have also been workforce and education initiatives focusing on specialists, GP proceduralist posts for rural services and provision of multidisciplinary models of maternity care to promote optimal use of available workforce. In addition, the Government allocated $6.4 million in growth funding to rural services in 2007–08 towards managing the increased demand for maternity services and a further $2 million in 2008–09.

The above initiatives mean that rural areas such as Orbost, where birth numbers are increasing, have strategies in place to offer a range of services to provide more accessible maternity care. These models include shared care between local midwives supported by back up arrangements with larger hospitals for more complex care.

However, as well as recognising the need for growth funds where maternity demand has increased, the government is also concerned with levels of quality and safety. Despite the baby-boom across other parts of Victoria, Hepburn Health Service’s birth numbers at Daylesford have been steadily declining over the last few years, with only 10 births expected in 2008. The decision to cease birthing services was made by the Board of Hepburn Health Services and is based on safety considerations of clinicians. With such low numbers, it is very difficult for doctors and midwives to maintain the skill level required to ensure the highest level of patient safety. Additional funding for maternity services at Hepburn would therefore not have altered the decision to cease birthing.

Schools: classroom design guidelines

Raised with: Education

Raised by: Mrs Peulich WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 247

Raised on: 15 October 2008

REPLY:

I am informed as follows:

Specific guidelines to ensure satisfactory acoustic conditions for the learning environments are set out in the Building Quality Standards Handbook of the Department of Education and Early Childhood Development.

The Handbook refers to the statutory regulations and standards nominated for optimum acoustic conditions to be achieved in various situations.

New works are designed and constructed in accordance with the provisions of the Building Quality Standards Handbook.

WorkCover: interstate medical services

Raised with: Finance, WorkCover and the Transport Accident Commission

Raised by: Mr Rich-Phillips

Raised on: 15 October 2008

REPLY:

I refer to the issue raised in the Adjournment Debate, on 15 October 2008, in the Legislative Council regarding the identification of authorised medical service providers for clients of the Victorian WorkCover Authority who are resident interstate.

I confirm that all medical practitioners and allied health care professionals who are registered with Medicare Australia and who provide services approved by the Victorian WorkCover Authority will be automatically registered to provide services to injured workers.

Any health professionals not registered with Medicare Australia may complete the relevant Service Provider Registration Application form in order to apply to provide services to clients of the Victorian WorkCover Authority.

Gas: Macedon Ranges supply

Raised with: Regional and Rural Development

Raised by: Mrs Petrovich

Raised on: 28 October 2008

REPLY:

I refer to the matter you raised during the Adjournment Debate in the Legislative Council on 28 October 2008 and supporting petition from constituents regarding the supply natural gas to the Macedon Ranges.

In 2002, the Victorian Government announced it would provide $70 million under the Natural Gas Extension Program (NGEP) with the core objective of ensuring that the largest number of Victorians benefited from the available funds. This Program is fully committed with 34 towns, including seven towns in the Macedon Ranges, successful under a competitive tender process. It is the biggest expansion of the natural gas network, in regional Victoria since the 1970s. WRITTEN ADJOURNMENT RESPONSES

248 COUNCIL Tuesday, 3 February 2009

To extend the natural gas network to new towns or areas, gas distributors are required to demonstrate that such investments are economic under the Economic Feasibility Test of the national gas Access Code. To satisfy this Test, revenue earnt from the extension must cover the capital cost of the project plus a set rate of return as determined by the regulator. The national Code also prohibits cross subsidisation of new extensions by existing customers.

There are two main drivers that determine whether a new extension will meet this economic requirement–its distance from the existing network and its potential load profile.

Regional Development Victoria’s (RDV) agreement with local gas distributor SP AusNet stipulated milestones and points in the seven Macedon Ranges towns to which gas must be supplied as part of the initial rollout. These geographic points, now delivered, ensured the laying of the necessary backbone infrastructure including some 135 kilometres of reticulation pipe from which the system can be further extended.

Since the first Macedon Ranges customer in Woodend was connected in July 2006, more than 2,700 homes and businesses have connected to natural gas and the initial reticulation network expanded by a further 23 kilometres as a result of the good work of the local member for Macedon, Ms Joanne Duncan and RDV.

Accordingly, I would encourage you to continue to work with the local member and Macedon Ranges residents who do not have access to the network to collectively submit an expression of interest to SP AusNet. Such a coordinated approach would maximise the likelihood of satisfying the economic viability test for extensions and or reduce the cost of connection.

SP AusNet has established a process by which residents who do not have access to network have the opportunity to connect to natural gas. This information is available online at www.sp-ausnet.com.au.

The number of new households and businesses connecting to natural gas is expected to grow steadily over the months and years ahead as people take full advantage of the opportunity and access afforded by this regional economic development initiative.

Bushfires: western Victoria restrictions

Raised with: Police and Emergency Services

Raised by: Mr Koch

Raised on: 28 October 2008

REPLY:

I refer to the issue you raised concerning inconsistencies of how and when fire restriction periods are declared across western Victoria.

I have been advised by the Country Fire Authority (CFA), that the Chief Officer takes advice from the Operation Managers in each region, as to the introductory dates for fire restrictions. The Operation Managers then consult with the local Municipal Fire Prevention Committees (MFPC) and other interested parties. In the case of Colac and Corangamite municipalities, the CFA has advised that consultation with the MFPC has led to preference to a set date for the introduction of fire restrictions.

In certain cases, permits for specific activities may be obtained from the CFA or a fire prevention officer of a municipality to undertake these activities. Permits are issued with detailed conditions as to the circumstances in which the equipment may be used or the activity undertaken. In many cases, the first week or two of the fire danger period may include the possibility of controlled burning being undertaken with permission from the municipality with guidance from the MFPC.

The Fire restriction date is supported by the MFPC and has also provided some certainty within the community. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 249

Thank you for raising this matter with me.

Royal Women’s Hospital: maternity services

Raised with: Health

Raised by: Ms Hartland

Raised on: 28 October 2008

REPLY:

Victorians can be justifiably proud of the new Royal Women’s Hospital (The Women’s) which opened in June 2008. It was not unexpected that there would be an increase in demand for maternity care at The Women’s following the opening of the new facility and indeed there was a significant demand for services in July. Without doubt, management and midwifery staff at The Women’s have been working hard to address the current levels of demand and to maintain the provision of safe, high quality maternity care.

I have been advised that the numbers of births at The Women’s has slowed comparatively in the last two months to more manageable levels and that the increased booking numbers for July can be partly attributed to bookings being scaled back in the two months leading up to the hospital relocation.

The Australia-wide increase in births that has occurred in the past five years was unpredicted by planners and demographers alike. New planning information is currently being analysed to more accurately determine future birth numbers. At this stage, there is insufficient evidence to suggest that the current growth levels will be maintained. In fact, from 2005–06 to 2006–07 the rate of increase in births at The Women’s was 10.4% compared with a 0.9% growth rate from 2006–07 to 2007–08. Even allowing for a slight drop in births over the two months preceding the relocation of the hospital, this is a significant reduction in rates of growth.

A major policy priority for the government is to preserve the capacity of The Women’s to provide a state wide service (together with Mercy Hospital for Women and Monash Medical Centre) for those women who require highly specialised care. Our position is that women experiencing low risk pregnancies should have access to a range of primary maternity care models in their local settings to enable them to birth closer to home. In keeping with this, in the past four years the government has invested $1.4 million in enhancement of maternity care models at local hospitals together with capital funding to better equip these services to offer a range of high quality care to. This is likely to reduce demand on The Women’s and is consistent with our policy that maternity services for low risk pregnancies are best provided close to home.

Locusts: control

Raised with: Agriculture

Raised by: Mr Drum

Raised on: 29 October 2008

REPLY:

The Department of Primary Industries (DPI) response in relation to the current outbreak has included the following components: i) formation of surveillance teams to identify and confirm sites of infestation; ii) preparation and dissemination of information to assist land-holders with control; iii) community engagement in conjunction with a media campaign to alert the community; iv) purchase of suitable pesticides for control; and WRITTEN ADJOURNMENT RESPONSES

250 COUNCIL Tuesday, 3 February 2009 v) the contracting of ground and aerial spray contractors.

This response is in accordance with DPI’s policy on locust management. The policy states that private land managers are responsible for controlling locusts on their own property. However, DPI may assist in controlling hoppers on private land (with the written permission of private landowners) where wide area infestations of hoppers occur on private land and effective control is beyond the capacity of individuals or groups of private landowners. In this situation, DPI may provide appropriate chemicals to land-holders on the condition that: the land-holders undertake to apply the chemicals in accordance with label specifications and procedures specified by DPI; and where the numbers of plague locusts present and their stage of development justifies control.

In the current outbreak, DPI was prepared to conduct some locust control operations on private land where these criteria were met and there was potential for an infestation, if left uncontrolled, to move to other areas and cause significant problems. In case some spraying on private land was considered necessary, the DPI response team sought written permission from private landowners in advance. What did occur was that the majority of infested sites in Victoria were found to be relatively small with lower densities of locusts. These were easier for farmers to control and DPI has not had to mount any spraying to assist.

I would like to emphasise that the DPI response has been very successful in alerting the farming community to the threat posed by a spring outbreak of locusts in Northern Victoria. Likewise, the support of local communities (farmers and local government) to spray locusts when they hatch, has contributed significantly to the successful management of this incident.

Bushfires: Barmah fuel reduction

Raised with: Environment and Climate Change

Raised by: Mrs Petrovich

Raised on: 29 October 2008

REPLY:

In response to your question on the 29 October 2008 regarding prescribed burns in Barmah Forest I can provide the following facts.

– Two burns were planned for spring 2008 in the Barmah area. The Browns Camp fuel reduction burn and an ecological burn. – Mr Peter Farrell, North East Area Manager, Land and Fire Services incorrectly referred to the planned ecological burn when interviewed by ABC radio when he meant to refer to the Browns Camp planned burn. Mr Farrell publicly apologised for this error on the ABC Riverina radio the following day, and also to the Rivers and Red Gum Environment Alliance when he met with them and the River Red Gum Community Engagement Panel on 28 October 2009. – The Department of Sustainability and Environment (DSE) and Parks Victoria (PV) conducted a 25 hectare fuel reduction burn at Browns Camp in the Barmah Forest on 16 October 2008. – DSE and PV firefighters stayed at the Browns Camp burn until it was declared ‘Under Control 1’ when it is generally considered safe to leave a burn unattended. Crews returned the following morning at 0600 and the burn remained within the planned area and achieved the management objectives intended. – There is no moira grass in the area of the Brown’s Camp fuel reduction burn. – There is moira grass in the area the ecological burn was conducted. The ecological burn was planned to reduce the amount of giant rush which is invading the moira grasslands. – The planned burn was conducted with great care to minimise the impact on habitat trees. Planned burns however, may result in some trees being burnt and some wildlife impacted, and this is part of the dynamic cycle in a living forest. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 251

– Approximately 12 trees have fallen during and after the burn, which is equivalent to one tree for every two hectares burnt. These burnt trees will provide on-ground habitat in the future. Many hollows in trees are the result of scarring from past fires. – The planned burn program in the Barmah Forest was taken to the community as part of the consultation process, with a night-time public meeting at Nathalia on 25 August 2009. The local Parks Victoria Fire Operations Officer also provided a one on one consultation in early August with Peter Newman, Chairman, Rivers and Red Gum Environment Alliance. All the planned burns for Barmah were discussed at this meeting. – This burn was extremely well conducted and achieved the objectives of affording protection to a high visitation area in the Barmah State Park. – Local DSE staff have consulted with the local community and stakeholders and are committed to protecting the Barmah township, key assets, park visitors, and public land natural values from high intensity bushfires.

Cathedral College, Wangaratta: project fund

Raised with: Education

Raised by: Ms Darveniza

Raised on: 29 October 2008

REPLY:

I am informed as follows:

The Victorian Government has a strong record of supporting choice in education as demonstrated by the significant funding and other benefits it provides to non-government schools.

In 2008–09, the Government will provide an estimated $420 million in recurrent and specific purpose funding, this represents a 72 per cent increase in State recurrent funding to non-government schools since 1999–2000.

The 2007–08 State Budget allocated $30 million over three years for capital works to assist needy non-government schools upgrade education facilities.

Cathedral College, Wangaratta is one of many Independent schools which applied for funding under the program.

I recently approved a grant of $273,735 to support provision of a new Technology/Arts Centre for the College.

Ambulance services: Bendigo

Raised with: Health

Raised by: Ms Lovell

Raised on: 29 October 2008

REPLY:

The Brumby Government is committed to continually improving health services across rural and regional Victoria.

As a part of this process, the Government, in conjunction with the ambulance service, continuously monitors road accident hot spots, ambulance caseload and hospital admissions to enable effective planning for future service developments.

We have improved ambulance services in Bendigo by:

– providing professional ambulance resources at Kangaroo Flat; WRITTEN ADJOURNMENT RESPONSES

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– funding additional paramedics in Castlemaine; – introducing MICA paramedics in Bendigo; and – and establishing a new air ambulance helicopter service, operating from Bendigo.

Record support from this Government, will also see a further 13 paramedics employed in a relief capacity in the Bendigo/Kangaroo Flat area to provide further support to the existing workforce.

The 2008–09 Budget builds on previous investments in ambulance services, with Bendigo residents set to benefit from the addition of a new 24 hr MICA single responder unit.

Bendigo Health Care Group has benefited from a massive 118.8 per cent funding boost since 1999. In 2008–09, its recurrent budget is $127 million — an $8.9 million increase in this year compared to 07/08.

Since 1999 the Government has invested $48 million to upgrade capital for the hospital. This includes a commitment in the 2008/9 Budget of $9.5 million towards the upgrade of the emergency department, which will provide for an 8 bed short stay unit.

The Government will continue to build on these investments to ensure that the Bendigo residents continue to have access to high quality health services.

Ambulance services: Frankston

Raised with: Health

Raised by: Mr O’Donohue

Raised on: 29 October 2008

REPLY:

As you may be aware, the Brumby Government’s recent State Budget delivered a $185.7 million boost to ambulance services which represents the single biggest investment in the State’s history. This package will deliver 59 new and upgraded services throughout Victoria. A mix of new services including 24 hour units, peak period units and MICA single responder units have been planned in order to maximise the effectiveness of the new resources and ensure that communities continue to receive high quality care. All upgrades and service improvements included in this record package have been based on advice from the State’s ambulance service, Ambulance Victoria.

MICA single responder units have operated successfully in metropolitan Melbourne for over 10 years. MICA single responder units are sedans staffed by a specialist MICA paramedic, and are designed to quickly deliver care to those most in need. They are supported by two advanced life support paramedics who are simultaneously dispatched to assist with treatment and transport when needed. MICA services are being reorganised and streamlined at a number of metropolitan stations, with the rollout of more MICA single responder units to strengthen clinical care. Currently, in the metropolitan region MICA services operate from 20 locations. The reorganisation of MICA services will see MICA services operating from 26 locations. This will ensure that more Victorians benefit from a better spread of MICA care.

These service improvements are also supported by the following emergency and intensive care specialists who are “very confident that the proposed restructure will increase the availability of MICA to those patients who required the MICA skill set.”

Associate Professor Mark Fitzgerald ASM, MBBS, FACEM, MRACMA

Director, Emergency and Trauma Centre, Alfred Hospital, Medical Adviser, Ambulance Victoria

Associate Professor Stephen Bernard MD FACEM FJFICM, WRITTEN ADJOURNMENT RESPONSES

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Intensive Care Physician, Alfred Hospital, Medical Adviser, Ambulance Victoria

Dr Marcus Kennedy MBBS, FACEM, FRACGP, DA(UK), DipIMC(RCSEd)

Medical Director, Adult Retrieval Victoria

In relation to service delivery specifically in Frankston, there will be continuing MICA coverage of the area.

The existing MICA Unit will be converted to a 24 hour MICA single responder unit with an additional 24 hour ambulance crew and 12 hour Peak Period Unit also commencing in the area. This expansion in ambulance services in Frankston represents almost a $10 million investment in services. More generally along the Peninsula, the Dromana MICA Unit will remain in its current configuration, with a new 24 hour MICA single responder unit being introduced in Chelsea and a new peak period unit in Patterson Lakes.

Ambulance Victoria advises that the reorganisation of MICA services is based on a more contemporary approach to MICA service delivery, with the increase of MICA single responder units aligning with national and international trends. In situations where two MICA paramedics are required, I am informed that dispatch processes are in place to meet this requirement. I am advised that Ambulance Victoria is undertaking a comprehensive consultation process with staff about the reorganisation of these resources.

Box Hill Hospital: patient services

Raised with: Health

Raised by: Mr P. Davis

Raised on: 30 October 2008

REPLY:

In the first instance, issues relating to individual patient care in a Victorian public hospital are investigated by the health service concerned. I understand the matter you raised was investigated and your constituent has received a response directly from Eastern Health.

In 2008–09, Eastern Health will receive $ 1.99 million for elective surgery services to treat an additional 514 elective surgery patients. Box Hill Hospital will receive $8.5 million for infrastructure upgrades, including theatre, electrical and mechanical services works. Yarra Ranges Health, a new service, will receive $7.8 million to provide a range of specialist services and day surgical services.

In 2007–08 Eastern Health also received a total of $2.5 million for the replacement of high cost equipment.

Eastern Health received $412 million in the 2008–09 State Budget. This is an 8.1 per cent increase in funding compared to the previous year and a 135.5 per cent increase compared to 1999–2000.

Goulburn Valley Water: former chair

Raised with: Environment and Climate Change

Raised by: Mr D. Davis

Raised on: 30 October 2008

REPLY:

I refer to the issue raised during the Adjournment Debate in the Legislative Council on 30 October 2008 regarding expense claims made by a board member of the Goulburn Broken Catchment Management Authority. This board member resigned from the Goulburn Broken Catchment Management Authority on 29 October 2008. WRITTEN ADJOURNMENT RESPONSES

254 COUNCIL Tuesday, 3 February 2009

As the Minister for Environment and Climate Change, I am responsible for the administration of the Catchment and Land Protection Act 1994 under which the Goulburn Broken Catchment Management Authority is established.

I am informed that in September 2008, the Goulburn Broken Catchment Management Authority commissioned an investigation into the expense claims made by a member of the Board. The investigation report was provided to the Chairperson of the Goulburn Broken Catchment Management Authority.

I am advised that, in accordance with Standing Direction 4.5.4 (pursuant to section 8 of the Financial Management Act 1994) on 10 October 2008, the Chairperson of the Goulburn Broken Catchment Management Authority forwarded a copy of the report of the investigation to: the Auditor-General; the Minister for Finance, WorkCover and the Transport Accident Commission; and to me. It would be inappropriate for me to release an investigation report which I did not commission.

Bendigo: fire station upgrades

Raised with: Police and Emergency Services

Raised by: Ms Lovell

Raised on: 30 October 2008

REPLY:

I refer to the issues you raised during the adjournment debate in the Legislative Council on 30 October 2008 concerning the upgrade of the Kangaroo Flat and Golden Square Country Fire Authority (CFA) fire stations.

Like all Victorians, we are indebted to every emergency service volunteer who willingly gives their time and expertise to make Victoria a safer place in which to live. Their efforts are greatly appreciated, particularly in times of extreme emergency such as bushfires and floods.

The Victorian Government acknowledges and appreciates the excellent work performed by volunteer emergency services such as the Kangaroo Flat and Golden Square Fire Brigades. Since 1999, CFA’s annual budget has more than doubled in size — increasing to $295 million in 2008–09. These funds enable brigades to protect their communities and include specific purpose programs such as the CFA Station Replacement Program, which commits to rebuilding 18 stations at an estimated cost of $32.9 million over a four year period. Some of these 18 fire stations have already been re-built and are fully operational.

As with most operational matters, once funds have been provided, it is rightly the responsibility of CFA to determine the allocation of these funds in accordance with its priorities and operational plans.

Thank you for raising this matter with me.

Victoria University: campus closures

Raised with: Skills and Workforce Participation

Raised by: Ms Hartland

Raised on: 30 October 2008

REPLY:

I refer to the matter raised during the Adjournment Debate in the Legislative Council on 30 October 2008, regarding Victoria University’s campus closure. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 255

I was unable to attend the community meeting that was organised by the National Tertiary Education Union on 6 November 2008 referred to in your question. My colleague, Ms Joanne Duncan MP the Member for Macedon, did attend this meeting.

Universities are self-governing bodies responsible for their own administration and policies. However, there is a clear requirement that all Victorian universities comply with all relevant industrial awards and laws, and an expectation that their actions will be consistent with community norms. I have clearly expressed this view to Victoria University.

The Victorian Government is committed to ensuring that quality post-compulsory education services continue to be available to the local communities in these growth suburbs and Melbourne more broadly.

To this end, I have also asked the university to keep me informed in relation to its proposals for its Melton and Sunbury campuses in the future.

City of Greater Geelong: councillor

Raised with: Local Government

Raised by: Mr Koch

Raised on: 11 November 2008

REPLY:

I refer to the Member for Western Victoria’s question of 11 November 2008 regarding Ms Lou Brazier, who was then a Councillor with the Greater Geelong City Council.

I am aware of the allegations relating to Ms Brazier, and can advise that the matter is the subject of inquiries by an Inspector of Municipal Administration. It would not be appropriate for me to comment on the matter while the Inspector’s inquiries are in train.

With regard to the Member’s suggestion that then Councillor Brazier’s nomination for election be rendered ‘null and void’, I refer him to section 29 of the Local Government Act 1989, which sets out the grounds for disqualification of a Councillor or candidate for election to Council. I am unable to identify any ground in that provision which would have applied to then Councillor Brazier’s circumstances.

Police: Bendigo

Raised with: Police and Emergency Services

Raised by: Ms Lovell

Raised on: 11 November 2008

REPLY:

The Brumby Government is committed to providing safe streets and homes for Victorians by ensuring Victoria Police is highly professional and well resourced.

Since coming to office, the State Government has increased the number of police by over 1,400. Further we have increased funding to Victoria Police to a record budget of more than $1.75 billion in 2008–09, and funded the construction and refurbishment of over 150 police stations across the state.

The Government’s additional support to Victoria Police is showing good results. Victoria’s crime rate has fallen 24.5 per cent since 2000–01, with Victoria being the safest state in Australia. WRITTEN ADJOURNMENT RESPONSES

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However, the fight against crime is ongoing. That is why at the last election the Government committed to a further increase of 350 sworn police by 2010, as well as an additional 50 forensic and specialist investigators. In addition to this, the Government committed to providing additional resources and equipment to assist police in their work, including an extra 100 police cars.

Decisions on the placement of police throughout the state are operational matters and are made by police command on the basis of assessed need. It is important that this process is not subject to political interference. I am assured by the Chief Commissioner of Police that the level of policing across Victoria is continuously monitored by the respective Regional Command Officers, with a view to maintaining optimum policing effectiveness.

Victoria Police deploys first response police across its 56 Police Service Areas using a sophisticated resource allocation model incorporating 12 characteristics of the local community that are used to predict levels of crime and road trauma; the population of an area is just one of these. Victoria Police uses this model to ensure that police resources are distributed equitably and according to demonstrated operational need.

It should be noted that, since 1999, the number of first response officers has increased in all police regions across Victoria.

Thank you for raising this matter with me.

Water: restrictions

Raised with: Premier

Raised by: Mr Drum

Raised on: 11 November 2008

REPLY:

– While some areas of Victoria have received welcome rainfall, many areas continue to experience unprecedented dry conditions. – As announced on 24 November 2008, Melbourne will remain on stage 3a restrictions, but with the addition of a campaign for households to reduce consumption to 155 litres per person per day. – This decision was made following careful consideration of expected water supply and demand for the Melbourne supply system up until the time that metropolitan water augmentation projects are completed, and, if the targets are achieved, will result in the same water savings as those that would be expected under tougher Stage 4 restrictions. – Regional Water Authorities, who are responsible for setting water restrictions in towns across Victoria, have the option of adopting a similar personalised campaign if appropriate to their region. – Several regional Water Authorities have already introduced exemptions to harsh Stage 4 restrictions to provide some flexibility to water users, meaning they are now very similar to Melbourne’s Stage 3a restrictions. – As water restrictions apply only to town water, many industries and businesses in regional and metropolitan areas have installed rainwater tanks, grey water systems, or accessed bore water as a way to secure their own water supplies. – The Victorian Government is working to address regional and rural water availability through projects such as the Wimmera-Mallee Pipeline, Goldfields Superpipe, the Northern Victorian Irrigation Renewal Project, Gippsland Water Factory and the Bendigo Water Recycling Project. – The Government is also working to secure water for industry by providing funding for innovative projects through the Smart Water Fund. – These projects, when completed, will gradually allow areas of regional Victoria to move off harsh water restrictions. – Having a secure water supply will enable Victoria’s economy and population to continue to grow. WRITTEN ADJOURNMENT RESPONSES

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Poliomyelitis: services

Raised with: Health

Raised by: Mr P. Davis

Raised on: 11 November 2008

REPLY:

Poliomyelitis Services Victoria (PSV) is a state-wide service providing specialist assessment and management services for people with ongoing effects from Poliomyelitis. The service ensures clients are maximally independent, able to participate in the community and where possible remain living independently in their homes. While based at St Vincent’s Health Melbourne, PSV conducts regular clinics in regional areas and an important role is capacity building in the community by training health care personnel in the provision of polio services.

PSV is aligned with other specialist clinics within sub-acute ambulatory care services (SACS) which provide specialist assessment, diagnosis, intervention and support to clients with specific medical conditions. It is recognised that the treatment and management of Poliomyelitis is complex, involving both specialist clinical care and rehabilitation. The services provided by PSV will be closely monitored by the department to ensure optimal services are provided to clients and that program resources are used effectively. Further demand pressures for PSV will be considered in the context of the demand for similar services across Victoria.

The Department of Human Services (DHS) is developing a sub-acute services planning framework for Victoria. The aim of the framework is to establish a process to guide planning towards equity and consistency of service quality in sub-acute inpatient and SACS across Victoria. Future planning for services and training of health professionals in regional hospitals and community health centres will be included within the scope of this framework.

In 2006–07 the department provided additional non-recurrent funding totalling $54,847 to PSV to address some of the service demand costs. In 2007–08 funding for PSV has been consolidated into St Vincent’s Health SACS funding which resulted in an increase of $62,577, bringing the total recurrent funding of PSV to $320,000. This represents an increase in funding to PSV of almost 40% since 1999–2000. In 2008–09 St Vincent’s Health received SACS growth funding of $175,000 with funding in 2008–09 totalling $5,798,938. It was agreed that a proportion of the growth funding should go towards PSV.

Middle Park: beach renourishment

Raised with: Environment and Climate Change

Raised by: Mrs Coote

Raised on: 11 November 2008

REPLY:

The Department of Sustainability and Environment (DSE), in partnership with the City of Port Phillip Council (Council), is currently implementing the Middle Park beach renourishment project.

This important government project aims to provide a long-term solution to erosion issues at Middle Park beach, protect the foreshore and infrastructure from wave attack and storm surge, return the natural appearance of the beach, and make the area safe for public use and the community to enjoy.

The $5.0 million project involves renourishing the Middle Park beach with 80,000 m3 of sand, as well as constructing two 70 metre stormwater drain extensions at McGregor and Harold Streets and a 50 metre rock groyne at Langridge Street to assist to keep the sand on the beach. A sand recycling strategy is being examined to periodically top-up the beach with sand. WRITTEN ADJOURNMENT RESPONSES

258 COUNCIL Tuesday, 3 February 2009

The structure referred to by Mrs Coote at McGregor Street is not a groyne but a temporary work platform used in the construction process which will be permanently removed.

DSE and Council officers are meeting this week to determine if some works at Middle Park beach will need to progress over summer to ensure the project can be completed immediately after the summer period. There have been some unavoidable delays due to bad weather. This happens from time to time when undertaking civil works in a maritime environment.

Government asks the community to be patient while the works are being undertaken and to understand that the weather has a significant influence on the delivery of coastal infrastructure projects.

Thank you for raising this matter with the government.

Bendigo hospital: redevelopment

Raised with: Health

Raised by: Mrs Petrovich

Raised on: 11 November 2008

REPLY:

The Brumby Labor Government allocated $2.0 million in May 2007 for ongoing planning of the Bendigo Hospital. This planning will support the redevelopment of the Hospital, including expanded mental health capacity, new wards, and new allied health and outpatient facilities. I am advised that the planning work is progressing well.

Bendigo Healthcare Group has benefited from a 118.8 per cent funding increase since 1999–2000. The Government has also provided $48 million in capital works for the hospital in 2008–09. Its recurrent budget is $127 million, an $8.9 million boost on the previous year.

A further $9.5 million was also allocated in May 2008 to expand the Hospital’s emergency department to provide additional capacity. This will enable Bendigo Health to meet growing demand in presentations at its emergency department. The redevelopment will include an eight-bed short stay unit. The investment also provides for critical infrastructure upgrades to support the ongoing operation of the existing hospital.

The 2008–09 State Budget also provided funding of $13.6 million for a new Bendigo Residential Aged Care facility to replace the outdated Stella Anderson nursing home. The new 60 bed nursing home will provide improved levels of environmental amenity, comfort, safety, security and privacy for residents and staff. I have also announced a new $1.7 million CT scanner, $785,000 in extra elective surgery funding and $3.5 million for a new linear accelerator at Bendigo Hospital.

The Brumby Labor Government is committed to continuing to provide the people of Bendigo and surrounds with access to the best possible health services.

Water: Macedon Ranges

Raised with: Water

Raised by: Mrs Petrovich

Raised on: 12 November 2008 WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 259

REPLY:

In November 2005, as part of the Victorian Government’s White Paper Our Water Our Future, Melbourne Water’s waterways and drainage boundary was extended by more than 5,000 square kilometres to cover gaps in the Port Phillip and Westernport catchments where no authority was responsible for managing and maintaining waterways.

Melbourne Water has been providing waterways, flood plain and drainage management services across this expanded area, but is only now introducing charges that all other households in the catchments have already been paying for many years. The waterways charge is spent only on waterway, flood plain and drainage works. It is not connected with the provision of reticulated water or sewerage services.

Spreading the cost of these services across all properties in the catchment is the fairest approach, given that everyone benefits either directly or indirectly from healthy creeks and a safe, reliable drainage system. Over the next five years, all funds raised in the extended area will be spent within that area.

The charge will fund:

– improvements to river health through replanting, weed removal, erosion control and managing environmental flows; – grants for property owners and community groups to improve their waterways; – management and improvements to larger, regional drainage assets; – improvements in flood management and flood warning systems; – provision of infrastructure to service urban growth using the principles of sustainable development; – monitoring and investigations to improve knowledge and understanding of the region’s waterways and the threats to their health; – protecting and improving water quality through improved stormwater management and assistance to local government; and – increased community and stakeholder engagement and involvement.

These works are informed and prioritised by a number of strategies which have been developed by Melbourne Water in close consultation with stakeholders and customers.

Ford Australia: Geelong plant

Raised with: Regional and Rural Development

Raised by: Ms Tierney

Raised on: 12 November 2008

REPLY:

As the Member is aware, the GIIF was announced by State and Federal Governments in July 2007 in response to an announcement by Ford Australia that it intended closing its Geelong Engine plant with the loss of 600 jobs in Geelong.

Subsequently, with the assistance of the State Government, Ford announced on 20 November 2008 that its engine plant would be subject to a $21 million reinvestment. This announcement has saved 400 jobs in Geelong.

The first round of GIIF funding has been completed, with $3.3 million allocated to attract $27 million of investment, creating 193 jobs in the Geelong region.

Originally it was planned to have three funding rounds, now to expedite the process it is intended to commit the fund by the end of the second round, which closed on 31 October 2008. Federal and State officers have already reviewed the applications and preparations are under way for a meeting of the GIIF Committee, chaired by WRITTEN ADJOURNMENT RESPONSES

260 COUNCIL Tuesday, 3 February 2009 prominent Geelong businessman, Mr David Morgan. The committee will make recommendations to me and to Federal Senator Kim Carr to allocate the remaining funds.

On 7 December 2008, the Premier announced an out of round grant from the GIIF to Chemring Australia to facilitate an important investment in Australian Defence Capability for a planned investment by Chemring of $1.8 million which will create around 40 jobs.

I thank you for your question and assure you we remain confident of commitment and final expenditure of grant funds according to the original mid 2010 timeframe.

Disability services: supported accommodation

Raised with: Community Services

Raised by: Mrs Kronberg

Raised on: 13 November 2008

REPLY:

The Government remains committed to providing a variety of accommodation and support options for people with a disability and to ensuring accommodation facilities meet appropriate standards.

$50 million was announced in the 2008–09 Budget for the replacement of 38 shared supported accommodation facilities through the Disability Housing Trust. A further $10 million was also provided for the development of new accommodation options for young people with disabilities currently residing in or at risk of entering residential aged care accommodation services.

The Department is currently working on a range of strategies to improve asset management practices and the quality of stock. These strategies have already delivered 45 new houses and refurbished nine existing houses for people with a disability, with a further six new houses to be completed this financial year.

As part of the Kew redevelopment, 93 new supported accommodation facilities were constructed in the community.

It is also recognised that replacement and refurbishment of non-government owned shared supported accommodation should be a priority for those organisations. The Government has assisted non-government organisations to improve the standard of facilities in a number of ways including providing training to staff regarding house maintenance and through the provision of funding of $15 million in 2006–07 for minor works and equipment, and refurbishment. The disability leasing model implemented in July 2007 also provides non-government organisations with a framework for improving maintenance practices.

Ambulance services: regional and rural Victoria

Raised with: Health

Raised by: Mr Drum

Raised on: 13 November 2008

REPLY:

As you may be aware, early last year the Department of Human Services issued a circular to all public hospitals clarifying arrangements for the ambulance transport to hospital outpatient clinics receiving Victorian Ambulatory Classification System (VACS) funding. This circular confirmed the authorisation process for outpatient transports, in particular, health services are requested to authorise specialised transport to and from outpatient appointments for all patients on clinical grounds. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 261

Children: Keeping Baby Safe — A Guide to Nursery Furniture

Raised with: Consumer Affairs

Raised by: Ms Darveniza

Raised on: 13 November 2008

REPLY:

The joint publication by Consumer Affairs Victoria (CAV) and the Australian Competition & Consumer Commission (ACCC) ‘Keeping baby safe’ is an important guide to nursery products for all Victorian consumers. It provides information and checklists to enable consumers to make safe choices when they buy or are given nursery products.

I agree that widespread distribution of the publication, especially in regional and rural Victoria is essential and I have asked CAV to ensure that this occurs. I understand that initially the guide will be distributed via CAV’s regional offices but that a more comprehensive strategy is being discussed with other agencies such as the Department of Human Services and the Department of Education and Early Childhood Development. This will ensure the safety guides reach consumers early so they use the checklists when making purchases.

Thank you for raising this important question with me.

Country Fire Authority: Nelson station

Raised with: Police and Emergency Services

Raised by: Mr Koch

Raised on: 2 December 2008

REPLY:

Like all Victorians, we are indebted to emergency service volunteers who willingly give their time and expertise to make Victoria a safer place in which to live. Their efforts are greatly appreciated, particularly in times of extreme emergency such as bushfires and floods.

The Brumby Government acknowledges and appreciates the excellent work performed by volunteer emergency services such as the Nelson Fire Brigade. Since coming to government in 1999, the Country Fire Authority’s (CFA) annual budget has more than doubled in size–increasing to $295.8 million in 2008–09. Once funds have been provided it is the responsibility of the CFA to manage its budget including its capital works program, taking into account operational needs.

Thank you for raising this matter with me.

Police: Ashburton station

Raised with: Police and Emergency Services

Raised by: Mr D. Davis

Raised on: 2 December 2008

REPLY:

The Brumby Government is committed to providing safe streets and homes for Victorians by ensuring Victoria Police is highly professional and well resourced. WRITTEN ADJOURNMENT RESPONSES

262 COUNCIL Tuesday, 3 February 2009

Since coming to office, the State Government has increased the number of police by over 1,400. Further, we have increased funding to Victoria Police to a record budget of more than $1.75 billion in 2008–09, and funded the construction and refurbishment of over 150 police stations across the state. The Government’s additional support to Victoria Police is showing good results. Victoria’s crime rate has fallen 24.5 per cent since 2000–01, with Victoria being the safest state in Australia.

However, the fight against crime is ongoing. That is why at the last election the Government committed to a further increase of 350 sworn police by 2010, as well as an additional 50 forensic and specialist investigators. In addition to this, the Government committed to providing additional resources and equipment to assist police in their work, including an extra 100 police cars.

Decisions on the placement of police throughout the state are operational matters and are made by police command on the basis of assessed need. It is important that this process is not subject to political interference. I am assured by the Chief Commissioner of Police that the level of policing across Victoria is continuously monitored by the respective Regional Command Officers, with a view to maintaining optimum policing effectiveness.

Victoria Police deploys first response police across its 56 Police Service Areas using a sophisticated resource allocation model incorporating 12 characteristics of the local community that are used to predict levels of crime and road trauma; the population of an area is just one of these. Victoria Police uses this model to ensure that police resources are distributed equitably and according to demonstrated operational need.

It should be noted that, since 1999, the number of first response officers has increased in all police regions across Victoria. As at 24 November 2008, police numbers in the Boroondara Police Service Area (PSA), which includes Ashburton, has increased by over 12 per cent since 1999, while the overall crime rate has decreased by 33.4 per cent since 2000–01.

Thank you for raising this matter with me.

Water: charges

Raised with: Water

Raised by: Mr Drum

Raised on: 2 December 2008

REPLY:

The “water delivery fee” paid by customers such as Ms Bourchier, who has a diversion licence on an unregulated system, is a fixed charge, based on the volume of the licence, that covers the fixed operational and management costs involved with managing these types of licences.

There are substantial costs involved in managing unregulated systems even when a declining volume of water is available for the customer. These costs include staff costs for duties such as water sharing and resource protection, implementation of rosters and sharing of water between individual users, meter reading and maintenance, compliance management and responding to customer service enquiries.

Goulburn-Murray Water’s current pricing structure was developed in consultation with customers through its water service committees and was approved by the Essential Services Commission following an extensive public consultation process.

Proposals are included in the Victorian Government’s Draft Northern Region Sustainable Water Strategy to review service levels and pricing structures on unregulated systems in light of the challenges arising from the continuing drought. These proposals will be considered by Government in 2009, after receiving public comment, as part of finalising the strategy. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 263

Goulburn-Murray Water customers are not funding the Sugarloaf Pipeline. The pipeline is being funded by Melbourne Water customers who are also contributing an additional $300 million for the Northern Victoria Irrigation Renewal Project.

Bendigo hospital: redevelopment

Raised with: Health

Raised by: Ms Lovell

Raised on: 2 December 2008

REPLY:

The Brumby Labor Government allocated $2.0 million in May 2007 for planning work to support the future redevelopment of the hospital. A key element of the planning work is the development of a Strategic Master Plan. The master plan will assist Bendigo Health and the Department of Human Services in evaluating options for the proposed redevelopment of Bendigo Health’s facilities.

In the 2008/09 budget two key projects were funded to develop facilities at Bendigo Health sites, including:

– $9.5 million to expand the Hospital’s emergency department to provide additional capacity. This will enable Bendigo Health to meet growing demand in presentations at its emergency department. The redevelopment will include an eight-bed short stay unit. The investment also provides for critical infrastructure upgrades to support the ongoing operation of the existing hospital.

– $13.6 million for a new Bendigo Residential Aged Care facility to replace the outdated and outmoded Stella Anderson nursing home. The new 60 bed nursing home will provide improved levels of environmental amenity, comfort, safety, security and privacy for residents and staff. Works will commence in early 2009.

I can assure the people of Bendigo and surrounds that the Brumby Government is committed to providing them with better health services and facilities.

Water: fluoridation

Raised with: Health

Raised by: Mr Kavanagh

Raised on: 2 December 2008

REPLY:

I refer to the Adjournment Debate on 2 December 2008 in the Legislative Council, where you raised the issue of water fluoridation.

The Department of Human Services relies upon peer-reviewed, scientific evidence in relation to all water fluoridation research. In particular, the National Health and Medical Research Council (NHMRC), in 2007, released a Public Statement on the Efficacy and Safety of Fluoridation, which reads:

Fluoridation of drinking water remains the most effective and socially equitable means of achieving community-wide exposure to the caries prevention effects of fluoride. It is recommended that water be fluoridated in the target range of 0.6 to 1.1 mg/L, depending on climate, to balance reduction of dental caries and occurrence of dental fluorosis.

The NHMRC based this statement on a systematic review of the literature. When conducting systematic reviews, organisations such as the NHMRC assess peer-reviewed and scientific articles, including those which are recently WRITTEN ADJOURNMENT RESPONSES

264 COUNCIL Tuesday, 3 February 2009 published. I am informed that the majority of articles published by the author you refer to, Dr G Waldbott, come from the 1950s and 1960s; whereas the NHMRC review was published in late 2007.

Similarly, the World Health Organization, the International Association for Dental Research and the World Dental Federation, in 2006, released a Call to Action to promote dental health by using fluoride. In this document, both the safety and efficacy of daily use of optimal fluoride were noted. In the same document, all governments were urged to develop effective legislation and programs to ensure access to fluoride for dental health in all countries.

The Department of Human Services has also received advice from senior academic clinicians in the Department of Respiratory Medicine, Allergy and Clinical Immunology, at the Alfred Hospital and Monash University. These specialists have a combined 50 years’ experience in the field of allergy and respiratory medicine and have stated that they have never seen a patient with respiratory symptoms, nor any ‘allergy-like’ symptoms that could be attributed to optimal levels of fluoride, as in fluoridated water. They also noted that leading health organisations in Australia (such as the NHMRC), and overseas (such as the World Health Organization and the United Kingdom Department of Health) have all stated that there are no published data in the peer-reviewed scientific literature giving evidence for harm coming from the low levels of fluoride in optimally-fluoridated drinking water.

Finally, these clinicians have stated that policy-makers must decide this issue, like all public health issues, on the basis of evidence, rather than on unsubstantiated arguments (no matter how sincerely held these arguments may be).

Given the high-level endorsement of water fluoridation from medical and health authorities, the Victorian Government remains committed to extending water fluoridation to those areas of rural and regional Victoria currently without this important public health initiative.

Thank you for your on-going interest in this issue.

Woori Yallock Creek: stream flow management

Raised with: Water

Raised by: Mr O’Donohue

Raised on: 2 December 2008

REPLY:

- Flow measurements in Woori Yallock Creek

Melbourne Water’s website displays rainfall and river level data for 160 monitoring sites in the Port Phillip and Westernport region. The raw data for each site is sent from electronic equipment and automatically updated every hour.

Some events, such as storms which damage or erode creek banks and cause obstructions from trees and other objects, can effect the accuracy of measurements. However, Melbourne Water takes care to produce accurate data, and its network of gauges is regularly checked by external consultants to make sure they remain exact. The quality of the raw data is analysed and identified errors corrected. The correction occurs after the real-time raw data is displayed on the website.

The differences between Mr Marshall’s measurements and that on the Melbourne Water website may be explained by the type of measurements he made and how he made them. For example: Is Mr Marshall making his own measurements or reading Melbourne Water’s gauge? Is he measuring flows or levels?

Melbourne Water accepts that errors can occur and is happy to discuss this with Mr Marshall. Mr Steve Hosking, the Diversions Manager at Melbourne Water, would welcome copies of Mr Marshall’s flow data so that it can be compared with Melbourne Water’s data. Any errors or discrepancies can then be explained or corrected. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 265

- Annual renewal of water licences

Melbourne Water has previously answered Mr Marshall’s questions about the process for renewal of licences and suggests that he refers to its letter of 17 July 2008 (attached).

In the past, Melbourne Water took the licence holder’s payment of the annual fee to be a request for renewal. Now Melbourne Water asks licence holders to confirm in writing that they wish to renew their licence. This is done to fully meet the requirements of the Water Act 1989 which states that licence holders may apply for their licence to be renewed before it expires. Melbourne Water uses the written confirmation from licence holders as the application for renewal required by the Act.

This is the only change made to the licensing process. Changes to the renewal process do not affect the actual licence.

The Government supports Melbourne Water’s approach to managing the resources of the Yarra Valley, which aims to minimise the risks to our diminishing water resources in a period of climatic uncertainty.

Pensioners: concessions

Raised with: Senior Victorians

Raised by: Ms Hartland

Raised on: 3 December 2008

REPLY:

In 2007–08, the Victorian Government directly assisted almost 740,000 households with the cost of living through the provision of just under $1.2 billion of concessions, rebates, allowances, grants and hardship programs.

These programs provide assistance with the cost of gas, electricity, house stamp duty, municipal rates, water and sewerage, schooling, kindergarten, public and private transport, ambulance, dental and other health services. In 2006–07:

– Over 400,000 households benefited from the municipal rates concession, at a cost of $68 million – 632,000 households received the water and sewerage concession at a cost of $82.6 million – 734,000 and 544,000 received the winter energy concession for electricity and gas respectively, at a cost of $86 million

The Victorian Government has demonstrated a strong commitment to assisting low-income households with the cost of essential services by providing a range of concessions on services such as housing, water, energy, health education and transport. Each year about $1 billion is spent on concessions and concession related programs benefiting over 1.28 million low-income Victorians.

From 2004 the State Government has implemented a concession reform package that gradually increases and redirects Victoria’s spending within the concessions program to ensure support is distributed more fairly, more equitably, and to more Victorians in need. Some of the measures include increasing the cap on water concessions and the local government municipal rates concession and indexing the cap every year so that it keeps pace with inflation.

In response to recent rising water prices, the Victorian Government raised the annual water and sewerage concession cap by 19.7% from $158.50 to $189.70 in 2007–08.

The Municipal Rate concession provides a 50 per cent discount off council rates up to a maximum of $178.60 in 2008–09. This amount is increased each year in line with inflation. Whilst the benchmark of increasing Government charges is linked to the rate of CPI change, price setting of rates is the decision of local governments, WRITTEN ADJOURNMENT RESPONSES

266 COUNCIL Tuesday, 3 February 2009 and varies widely across Victoria. Linking the concession cap increases to CPI provides a uniform increase in the amount of assistance provided by the Victorian Government across the State.

Some local government authorities have joined the State Government in assisting vulnerable ratepayers by funding the extension of the concession to provide a responsive and local concession based on the needs of the local community. All councils have the discretion to do this and, to remove any doubt, this Government introduced the Local Government (Democratic Reform) Act 2003 that clearly specified a council may waive all or part of any rate or charge for a class of persons on grounds of financial hardship.

In regard to energy, the Winter Energy Concession is a 17.5 per cent reduction on winter gas and electricity bills, so that as energy prices rise, so too does the concession.

Thank you for raising the matter and I hope this information is of assistance.

Boating: Patterson River

Raised with: Environment and Climate Change

Raised by: Mrs Peulich

Raised on: 3 December 2008

REPLY:

As the Local Port Manager of Port Phillip and Westernport, Parks Victoria has been working in conjunction with Marine Safety Victoria (MSV) to review and update boating zones for Port Phillip and Westernport.

This review is essential in ensuring that all of our boating zones are safe, easy to comply with and relevant to current and anticipated future water uses. The revised boating zones will create safer local ports for Victorians.

The proposed changes near the Patterson River are seen as a safe and balanced approach that potentially offer opportunities for swimmers and vessels along the popular Carrum shoreline, while taking into account very busy boating traffic on the Patterson River.

Parks Victoria has drawn on the experience of local staff, MSV, local community members, government organisations, water user peak bodies and local clubs to develop the proposed zones.

Since mid 2008 Parks Victoria has undertaken a broad information campaign to build awareness of the proposed changes and to provide opportunity for community input. A campaign of information releases and advertisements in local and statewide media was supported by comprehensive information and the opportunity to provide feedback on the Parks Victoria website or via the Parks Victoria information line 13 1963. Information was also sent directly to clubs and associations including the Associate of Bayside Municipalities, Members of Parliament and peak bodies.

Over 200 letters and survey responses were received prior to the submission closure date of 5 December. Please note that Parks Victoria provided an extension for several Patterson River residents on request to allow them to make a submission. Further extending the submission process would now delay a schedule that is focused on improving safety as promptly as possible.

Parks Victoria will now carefully consider the feedback received from vessel operators, beach users and the general community and further consult with key stakeholders including MSV, water police, local government, Lifesaving Victoria, Yachting Victoria and Boating Industry Australia. Changes to the proposed boating zones will be made where safety can be improved, prior to making a final recommendation to the Director of Marine Safety Victoria. WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 267

Sale Common State Game Refuge: walking track

Raised with: Environment and Climate Change

Raised by: Mr P. Davis

Raised on: 3 December 2008

REPLY:

Thank you for you acknowledgement of the works occurring to enhance public amenity of the Sale Common State Game Reserve. I agree that this is a wonderful resource for the community of central Gippsland.

I am informed that the track on the north-eastern boundary you refer to was originally created to assist in fence maintenance but that when require this work is now undertaken from the adjoining private land.

In the past the grass on the track was slashed to maintain it as a walking track due to a lack of alternative tracks, but since the construction of the board-walk in 1993 most people utilising that part of the Sale Common use the board-walk, a more attractive route that better resents the values of the wetland.

When in use, the track was difficult to maintain because it is subject to inundation and was frequently too wet for walking and for the passage of maintenance vehicles.

This track is not shown on current versions of the Sale Common Parknote or on the Parks Victoria website www.parkweb.vic.gov.au. On previous versions it was included as “summer access only” because it was prone to flooding.

The remaining 5.6 kilometres of walking track network in the Common is in a well maintained condition and the intermittent vandalism is promptly addressed. Most of the damage from the major floods that occurred in 2007 has been repaired and the outstanding works have been commenced.

Parks Victoria is working with the Rotary Club of Sale and the Shire of Wellington on the River Heritage & Wetland Trail in a valuable extension of the walking opportunities in the Common that will further improve visitor opportunity to enjoy the area.

Housing: quarterly rental report

Raised with: Housing

Raised by: Ms Lovell

Raised on: 3 December 2008

REPLY:

The Office of Housing has received data from the Residential Tenancies Bond Authority (RTBA), for the purposes of producing the quarterly Rental Report, since the establishment of the RTBA in 1998. The Government recognises the importance to the community of the information provided in the rental report. Indeed, the Government amended the Residential Tenancies Act (1997) in 2003 to formally recognise the provision of such data to the Office of Housing as a function of the RTBA.

As a consequence, the production of the quarterly Rental Report by the Office of Housing is reliant on the timely receipt of data from the RTBA. Much of the important rental market statistics produced in the rental report are derived from the bond lodgement data which is collected by the RTBA.

In July 2008 the RTBA transferred to a completely new data processing system. This is a large and complex system which deals with a high volume of transactions and, as sometimes happens when undertaking such significant change, some teething problems occurred. WRITTEN ADJOURNMENT RESPONSES

268 COUNCIL Tuesday, 3 February 2009

While these issues have now been resolved they have unfortunately resulted in a period, from July to November 2008, when the Office of Housing did not receive any data from the RTBA. This meant that production of the June and September quarter Rental Reports was not possible. The Office of Housing was in regular contact with the RTBA over this period seeking to resolve the matter.

In December provision of data from the RTBA resumed. There is, however, a significant backlog of data cleaning and processing required to produce statistics on the rental market from the June and September quarters. December quarter data is expected to be received from the RTBA in January 2009.

The aim of the Office of Housing will be to have the December quarter Rental Report available for public release by the end of March 2009. This report will include time series data for the June and September 2008 quarters.

Release of the December quarter Rental Report at the end of March 2009 is consistent with the usual timetable for release of the Rental Report. I am advised that the production of the Rental Report is now back on track.

Water: Tasmanian pipeline

Raised with: Water

Raised by: Mrs Coote

Raised on: 4 December 2008

REPLY:

The Victorian Government has not received a detailed, fully-costed proposal for a pipeline from Tasmania. Given that the preliminary costings are so unfavourable, the Government believes that the cost of undertaking a more detailed assessment can not be justified and is unlikely to identify a cost effective proposal. This is particularly important because the Government has already commenced major water supply projects that will supply more reliable water at a lower cost.

The Tasmanian Water Minister has publicly stated that, contrary to media reports in July this year, there is no pipeline proposal before the Tasmanian Government, and Hydro Tasmania has not entered into any agreement to export water to the mainland.

Melbourne Water Corporation has estimated that a pipeline from Tasmania to Victoria with a capacity of 150 billion litres per year (equal to the planned output of the Wonthaggi desalination plant) would cost in excess of $10 billion.

The proposed pipeline would take around six years to construct. This is too long a period for Melburnians to be without a secure supply of water.

Desalination provides a guaranteed volume of water, independent of rainfall. Water piped from Tasmania would be subject to short and long term variations in rainfall and climate, as well as the need to consider Tasmania’s environmental flows and domestic, agricultural and industrial use.

Even if the technical difficulties of construction and operation could be overcome, a pipeline from Tasmania would cost far more and supply less reliable water than a desalination plant. This does not represent a value for money proposition for the Government.

Torquay: police station site

Raised with: Finance, WorkCover and the Transport Accident Commission

Raised by: Mr Koch

Raised on: 4 December 2008 WRITTEN ADJOURNMENT RESPONSES

Tuesday, 3 February 2009 COUNCIL 269

REPLY:

I refer to the issue raised in the Adjournment debate of 4 December 2008 in the Legislative Council.

The former Torquay police station, located at 18 Price Street, has been declared surplus to requirements by the Department of Justice and referred to the Department of Treasury and Finance, for disposal.

Current Government policy mandates that all surplus government property transactions follow the Policy and Instructions for the Purchase, Compulsory Acquisition and Sale of Land, ensuring a consistent and best practice approach. This policy requires surplus government property to be offered for sale at the Valuer General’s assessed market value to other government agencies and local government in the first instance, ahead of any public sale process.

The Surf Coast Shire Council, by letter dated 12 November 2008, has expressed an interest in purchasing the property

WorkCover: audiology claims

Raised with: Finance, WorkCover and the Transport Accident Commission

Raised by: Mr Rich-Phillips

Raised on: 4 December 2008

REPLY:

I refer to the issue raised in the Adjournment Debate, on 4 December 2008, in the Legislative Council regarding the recently concluded tender process for Audiology Services conducted by the Victorian WorkCover Authority.

I confirm that independent probity auditors certified that due process was developed and observed throughout the tender process.

Following the successful completion of this tender, qualifying providers are now delivering hearing services under the new contract framework.

Planning: Bruces Creek

Raised with: Planning

Raised by: Ms Tierney

Raised on: 4 December 2008

REPLY:

I recently approved $106,250 to Golden Plain Shire Council for the Bruce’s Creek Open Space corridor project submitted to round four of the Creating Better Places (CBP) program.

I understand that this project will include the construction of a 1.2 kilometre path along Bruce’s Creek connecting residential areas in the southern and western areas of Bannockburn to the commercial hub of Bannockburn as well as to the future education and recreation precincts.

This project represents a proactive approach by the Council and the State Government to deal with rapid growth of the township and ensure that future development is well connected and minimises car dependence. It will make a significant difference to the Bannockburn community and I look forward to seeing the positive outcomes of the project.

270 COUNCIL

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Thursday, 5 February 2009 COUNCIL 271

WRITTEN ADJOURNMENT RESPONSES

Responses have been incorporated in the form supplied by the departments on behalf of the appropriate ministers

Thursday, 5 February 2009

Patient transport assistance scheme: reimbursement

Raised with: Health

Raised by: Ms Lovell

Raised on: 13 November 2008

REPLY:

The Victorian Patient Transport Scheme (VPTAS) aims to provide partial financial assistance to rural Victorians to meet the costs of travel and accommodation they incur when seeking specialist medical treatment.

The Labor Government is committed to providing a high quality patient assistance transport scheme. This is reflected in Victoria paying the second highest subsidy of any State or Territory of 17 cents per kilometre for private travel. This is based on the average car running cost, as determined by the Royal Automotive Club of Victoria (RACV) and means that the cost of fuel, wear and tear on tyres, and servicing costs are considered and reflected in the subsidy.

In September 2007, the Senate Standing Committee on Community Affairs released its report Highway to Health: Better Access for Rural, Regional and Remote Patients which examined Patient Assisted Transport Schemes (PATS) across all States in Australia. The report shows that the VPTAS scheme offers a better package then many other States, and from a consumer perspective has many positive features including the high current vehicle travel subsidy rate, favourable accommodation subsidy of $35 per night (plus GST) and relatively low distance criteria.

In contrast the Liberal and National Party’s track record on patient transport has been to reduce access and cut patient allowances.

Between 1992 and 1999, the former Liberal-National Government held two reviews into VPTAS. These reviews resulted in no increase to the transport or accommodation subsidies, and more restrictions on people accompanying sick family members.

Since 1999 the Labor Government has:

– Increased transport rebates from 11c per km to 17c per km – Increased the overnight accommodation rebate to $35 per night, the first increase in accommodation rebates since the scheme began in 1987 – Removed the requirement for petrol receipts (2001) – Introduced the reimbursement of taxi fares (2001) – Extended accommodation subsidies for the first night of accommodation (2001)

The Department of Human Services continues to monitor the impact of fuel price changes on average car running costs and another review will be conducted in August 2009.

The Brumby Government is committed to assisting rural Victorians to access quality health services and will continue to support the VPTAS subsidy.

272 COUNCIL

MEMBERS INDEX

3, 4 and 5 February 2009 COUNCIL i

MEMBERS INDEX Questions without notice Regional and rural Victoria: government initiatives, 90

ATKINSON, Mr (Eastern Metropolitan) (See also DEPUTY Statements on reports and papers PRESIDENT, The) Murray-Darling Basin Commission: report 2007–08, 152 Adjournment

Schools: Eastern Metropolitan Region, 218 COOTE, Mrs (Southern Metropolitan) Members statements Adjournment Australia Day: Eastern Metropolitan Region awards, 143 Housing: disruptive tenants, 214 Petitions Monash Freeway: noise barriers, 54 Abortion: legislation, 14 Public transport: Southern Metropolitan Region, 138 Buses: Nunawading, 14 Bills Points of order, 13 Crimes Legislation Amendment (Food and Drink Spiking) Bill, 47 Fundraising Appeals and Consumer Acts Amendment Bill, 27 Public transport: metropolitan and regional services, 129 Members statements Crime: street violence, 23 BARBER, Mr (Northern Metropolitan) Public transport: metropolitan and regional services, 127 Adjournment Statements on reports and papers Duck hunting: season, 215 Department of Transport: report 2007–08, 145 Bills Fundraising Appeals and Consumer Acts Amendment Bill, 26 DALLA-RIVA, Mr (Eastern Metropolitan) Joint sitting of Parliament Bills Legislative Council vacancy, 2 Serious Sex Offenders Monitoring Amendment Bill, 159 Members statements Members statements Infrastructure: community concern, 19 Former Minister for Industry and Trade: salary, 19 Public Accounts and Estimates Committee Public transport: metropolitan and regional services, 97 Membership, 154

Public transport: metropolitan and regional services, 76, 92 Questions without notice Electricity: supply, 9, 10 Public transport: production of documents, 63, 69 Information and communications technology: Satyam Computer Services, 167

BROAD, Ms (Northern Victoria) DARVENIZA, Ms (Northern Victoria) Adjournment Adjournment Schools: Netbook project, 50 Shepparton: children’s centre, 216 Annual statement of government intentions, 183 Bills Members statements Relationships Amendment (Caring Relationships) Bill, 39 Water: small block irrigators, 144 Members statements Public Accounts and Estimates Committee Goulburn Valley Health: funding, 60 Membership, 157 Public transport: metropolitan and regional services, 121 Public transport: metropolitan and regional services, 125 Questions without notice Economy: global financial crisis, 4 MEMBERS INDEX ii COUNCIL 3, 4 and 5 February 2009

Statements on reports and papers Rulings, 139, 141, 213, 221, 222 Rural and Regional Committee: government response to inquiry into rural and regional tourism, 149 DRUM, Mr (Northern Victoria)

DAVIS, Mr D. (Southern Metropolitan) Adjournment Victorian Environmental Assessment Council: recommendations, Adjournment 139 Environment: waste recycling, 141 Members statements Mentone beach: pollution, 219 Wallan–Kilmore bypass: construction, 141 Bridges: Barwon Heads, 60 Public transport: metropolitan and regional services, 101 Business of the house General business, 18 Statements on reports and papers Joint sitting of Parliament Rural and Regional Committee: rural and regional tourism, 146 Legislative Council vacancy, 1

Members statements EIDEH, Mr (Western Metropolitan)

Aviation industry: open skies policy, 145 Members statements Points of order, 9, 167 Road safety: yellow card initiative, 144 Skills training: Laverton awards, 61 Public Accounts and Estimates Committee Public transport: metropolitan and regional services, 109 Membership, 153

Public transport: metropolitan and regional services, 113 Questions without notice Financial services: government assistance, 87 Public transport: production of documents, 66 Scrutiny of Acts and Regulations Committee Questions without notice Alert Digest No. 1, 16 Budget: surplus, 86 Statements on reports and papers Former Minister for Industry and Trade: office search, 5 Former Parliamentary Secretary for Innovation: conduct, 163 Country Fire Authority: report 2007–08, 150 Land tax: rates, 79, 80 ELASMAR, Mr (Northern Metropolitan) DAVIS, Mr P. (Eastern Victoria) Annual statement of government intentions, 185 Adjournment Bills Gippsland Lakes: salinity, 215 Crimes Legislation Amendment (Food and Drink Spiking) Bill, 48 Nursing homes: air conditioning, 51 Education and Training Committee Members statements Effective strategies for teacher professional learning, 15 Bushfires: Gippsland, 21 Members statements Points of order, 51, 55, 56, 164, 221 Australia Day: City of Banyule, 22 Public transport: metropolitan and regional services, 126 Monsignor Joseph Takchi, 22

Statements on reports and papers Public transport: metropolitan and regional services, 119

Department of Sustainability and Environment: report 2007–08, Questions without notice 148 Planning: housing projects, 80

Statements on reports and papers DEPUTY PRESIDENT, The (Mr Atkinson) Victims of Crime Assistance Tribunal: report 2007–08, 147 Distinguished visitor, 149 MEMBERS INDEX

3, 4 and 5 February 2009 COUNCIL iii

FINN, Mr (Western Metropolitan) Bills Crimes Legislation Amendment (Food and Drink Spiking) Bill, 42 Adjournment City of Wyndham: election, 54 Members statements Taxis: driver certification, 216 Public transport: advertising standards, 59

Bills Public transport: metropolitan and regional services, 94 Relationships Amendment (Caring Relationships) Bill, 40

Members statements HUPPERT, Ms (Southern Metropolitan) Federal government: economic adviser, 62 Annual statement of government intentions, 158 Points of order, 7, 91, 97 Bills Public transport: metropolitan and regional services, 103 Major Crime Legislation Amendment Bill, 178

Questions without notice GUY, Mr (Northern Metropolitan) Manufacturing: future, 163

Bills Fundraising Appeals and Consumer Acts Amendment Bill, 24 JENNINGS, Mr (South Eastern Metropolitan) (Minister for Environment and Climate Change and Minister for Innovation) Members statements Absence of minister, 163 Planning: Premier’s comments, 144

Points of order, 59 Adjournment Responses, 219 Public transport: metropolitan and regional services, 107 Bills Criminal Procedure Bill, 193, 205 HALL, Mr (Eastern Victoria) Equal Opportunity Amendment (Governance) Bill, 190, 191

Adjournment Points of order, 221 Racing: regional and rural Victoria, 136 Questions without notice Wild pigs: control, 212 Bushfires: community preparedness, 10 Education and Training Committee Climate change: government initiatives, 167 Effective strategies for teacher professional learning, 16 Economy: green sector employment, 83 Former Parliamentary Secretary for Innovation: conduct, 163 Members statements Port Phillip Bay: channel deepening, 171 Bushfires: Gippsland, 18 Timber industry: East Gippsland, 88, 89 Public Accounts and Estimates Committee

Membership, 157 KAVANAGH, Mr (Western Victoria) Public transport: metropolitan and regional services, 75 Bills Questions without notice Relationships Amendment (Caring Relationships) Bill, 36

Water: desalination plant, 82 Public Accounts and Estimates Committee Membership, 156 HARTLAND, Ms (Western Metropolitan) Public transport: metropolitan and regional services, 106 Adjournment Public transport: production of documents, 69 Libraries: Colac, 137 Metropolitan Fire Brigade: Footscray station, 53 Questions without notice Roads: Footscray tunnel, 214 Treasurer: former adviser, 11, 12 MEMBERS INDEX iv COUNCIL 3, 4 and 5 February 2009

KOCH, Mr (Western Victoria) Questions without notice Budget: surplus, 86 Adjournment Commonwealth-state relations: funding, 3 Inverleigh-Winchelsea Road: traffic, 138 Economy: global financial crisis, 4 Planning: fire regulations compliance, 52 Financial services: government assistance, 87 Members statements Former Minister for Industry and Trade: office search, 5 Information and communications technology: government Australia Day: Bacchus Marsh and Geelong, 62 initiatives, 85 Public transport: metropolitan and regional services, 70, 130 Land tax: rates, 79, 80 Regional and rural Victoria: government initiatives, 90 Stamp duty: leases, 7, 84 KRONBERG, Mrs (Eastern Metropolitan) Treasurer: former adviser, 12 Water: desalination plant, 82 Adjournment Bolton Street, Eltham: upgrade, 217 LOVELL, Ms (Northern Victoria) Members statements Electricity: supply, 23 Adjournment Parkside estate, Shepparton: street names, 137 Public transport: metropolitan and regional services, 128 Racing: regional and rural Victoria, 49 Statements on reports and papers St Paul’s Cathedral, Bendigo: restoration, 211 Auditor-General: Preparedness to Respond to Terrorism Members statements Incidents — Essential Services and Critical Infrastructure, 152 Bushfires: north–south pipeline construction, 59

Points of order, 122 LEANE, Mr (Eastern Metropolitan) Public transport: metropolitan and regional services, 94 Annual statement of government intentions, 181 Questions without notice Bills Commonwealth-state relations: funding, 3 Crimes Legislation Amendment (Food and Drink Spiking) Bill, 48 Electricity: Katunga supply, 169 Fundraising Appeals and Consumer Acts Amendment Bill, 26

Members statements MADDEN, Hon. J. M. (Western Metropolitan) (Minister for Australian Slovak community: congress, 20 Planning) Points of order, 3 Aboriginal Affairs Victoria Public transport: metropolitan and regional services, 96 Indigenous affairs report 2007–08, 15

Questions without notice Adjournment Economy: Victorian plan, 171 Responses, 55 Workplace relations: federal reform, 12 Bills Crimes Legislation Amendment (Food and Drink Spiking) Bill, 49 LENDERS, Mr (Southern Metropolitan) (Treasurer, Minister for Major Crime Legislation Amendment Bill, 178 Information and Communications Technology and Minister for Resources Industry Legislation Amendment Bill, 49 Financial Services) Serious Sex Offenders Monitoring Amendment Bill, 131, 132, 174

Annual statement of government intentions, 59 Public Accounts and Estimates Committee Membership, 153 Joint sitting of Parliament Legislative Council vacancy, 1 Questions without notice Planning Ministry, 2 desalination plant, 8 Questions on notice housing projects, 80 Answers, 13, 91 residential zones, 170 MEMBERS INDEX

3, 4 and 5 February 2009 COUNCIL v

MIKAKOS, Ms (Northern Metropolitan) Points of order, 13, 141

Adjournment Public transport: production of documents, 64 Housing: Northern Metropolitan Region, 214 Questions without notice Annual statement of government intentions, 179 Automotive industry: government support, 5 Aviation industry: government assistance, 165, 166 Bills Economy: Victorian plan, 171 Fundraising Appeals and Consumer Acts Amendment Bill, 31 Electricity Serious Sex Offenders Monitoring Amendment Bill, 162, 172 Katunga supply, 169, 170 Members statements supply, 9, 10 Information and communications technology: Satyam Computer Darebin: Greek festival, 63 Services, 165, 167 Government: annual statement of intentions, 23 Manufacturing: future, 163 Rail: Merri Creek bridge, 63 Workplace relations: federal reform, 12 Whittlesea: Chinese New Year festival, 62

Public transport: metropolitan and regional services, 105 PENNICUIK, Ms (Southern Metropolitan) Questions without notice Adjournment Economy: green sector employment, 83 Public transport: rolling stock, 139, 217

Bills O’DONOHUE, Mr (Eastern Victoria) Major Crime Legislation Amendment Bill, 176 Adjournment Relationships Amendment (Caring Relationships) Bill, 34 Crib Point: bitumen plant, 215 Serious Sex Offenders Monitoring Amendment Bill, 160 Parks: Kilsyth South retarding basin, 52 Members statements Phillip Island: Summerlands estate, 140 Planning: Bayside villages, 143 Members statements Petitions Bushfires: Gippsland, 20 Planning: Bayside villages, 143 Electricity: supply, 21 Points of order, 222 Petitions Ambulance services: Frankston, 14 Public Accounts and Estimates Committee Membership, 155 Points of order, 51, 112 Questions without notice Public transport: metropolitan and regional services, 117 Port Phillip Bay: channel deepening, 171 Statements on reports and papers Timber industry: East Gippsland, 88, 89 Road Safety Committee: improving safety at level crossings, 151 PETROVICH, Mrs (Northern Victoria) PAKULA, Hon. M. P. (Western Metropolitan) (Minister for Industry and Trade and Minister for Industrial Relations) Adjournment Tourism: Mitchell shire, 53 Adjournment Wallan–Kilmore bypass: construction, 140 Responses, 142 Members statements Annual statement of government intentions, 158 Racing: regional and rural Victoria, 61

Bills Public transport: metropolitan and regional services, 119 Resources Industry Legislation Amendment Bill, 134, 135

Business of the house Adjournment, 143 MEMBERS INDEX vi COUNCIL 3, 4 and 5 February 2009

PEULICH, Mrs (South Eastern Metropolitan) PULFORD, Ms (Western Victoria)

Adjournment Annual statement of government intentions, 188 Planning: Chelsea project, 218 Bills Bills Crimes Legislation Amendment (Food and Drink Spiking) Bill, 43 Crimes Legislation Amendment (Food and Drink Spiking) Bill, 44 Fundraising Appeals and Consumer Acts Amendment Bill, 30 Relationships Amendment (Caring Relationships) Bill, 36 Members statements Serious Sex Offenders Monitoring Amendment Bill, 173 Former Minister for Industry and Trade: ministerial duties, 20 Members statements Petitions Water: domestic usage, 22 Hampton Park: hoon driving, 14 Planning: residential zones, 15 Public transport: metropolitan and regional services, 92

Points of order, 85, 167, 168, 169, 213 Questions without notice Climate change: government initiatives, 167 Public transport: metropolitan and regional services, 123 Rulings, 112 Statements on reports and papers Auditor-General: Literacy and Numeracy Achievement, 149 RICH-PHILLIPS, Mr (South Eastern Metropolitan)

PRESIDENT, The (Hon. R. F. Smith) Adjournment Air services: landing fees, 142 Acting Presidents, 59 Bills Bills Crimes Legislation Amendment (Food and Drink Spiking) Bill, 41 Assisted Reproductive Treatment Bill and Health Services Major Crime Legislation Amendment Bill, 174 Legislation Amendment Bill, 2 Relationships Amendment (Caring Relationships) Bill, 33 Business of the house Members statements Filming of proceedings, 1 Bushfires: Endeavour Hills, 22 Distinguished visitor, 8, 103 Frankston: reservoir park, 22

New member Public transport: metropolitan and regional services, 110 Ms Huppert, 33 Questions without notice Public Accounts and Estimates Committee Information and communications technology: Satyam Computer Services, 165 Membership, 59 Stamp duty: leases, 7, 84 Questions without notice Former Minister for Industry and Trade: office search, 5 SCHEFFER, Mr (Eastern Victoria) Resignation of member, 1 Annual statement of government intentions, 186 Rulings, 3, 7, 9, 13, 50, 51, 56, 59, 87, 91, 97, 164, 167, 168, 169 Bills Rulings by the Chair Relationships Amendment (Caring Relationships) Bill, 37 Supplementary question: admissibility, 91 Members statements Suspension of member Bushfires: Gippsland, 21 Mr Finn, 166 Public transport: metropolitan and regional services, 111 Mr P. Davis, 125 Mrs Peulich, 85 Questions without notice Planning: desalination plant, 8 MEMBERS INDEX

3, 4 and 5 February 2009 COUNCIL vii

SOMYUREK, Mr (South Eastern Metropolitan) VINEY, Mr (Eastern Victoria)

Members statements Adjournment Economy Mentone beach: pollution, 213 credit ratings, 145 Bills federal stimulus package, 145 Rail: Lynbrook station, 145 Serious Sex Offenders Monitoring Amendment Bill, 161

Public transport: metropolitan and regional services, 129 Members statements Bushfires: Gippsland, 19

Points of order, 50, 87 TEE, Mr (Eastern Metropolitan) Public Accounts and Estimates Committee Bills Membership, 155 Major Crime Legislation Amendment Bill, 177 Relationships Amendment (Caring Relationships) Bill, 38 Public transport: metropolitan and regional services, 99 Serious Sex Offenders Monitoring Amendment Bill, 161 Public transport: production of documents, 67 Members statements Cycling: Manningham infrastructure, 62 Questions without notice Harry Nicolaides, 20 Bushfires: community preparedness, 10

Public transport: metropolitan and regional services, 73 VOGELS, Mr (Western Victoria) Questions without notice Aviation industry: government assistance, 165 Adjournment Information and communications technology: government Ballarat District Nursing and Healthcare: funding, 136 initiatives, 85 Lake Purrumbete: boat ramp, 212 Otway Basin: carbon storage, 49

THEOPHANOUS, Hon. T. C. (Northern Metropolitan) Members statements

Personal explanation Racing: regional and rural Victoria, 60 Hon. T. C. Theophanous, 2 Public transport: metropolitan and regional services, 130

Questions without notice Planning: residential zones, 170

TIERNEY, Ms (Western Victoria)

Adjournment Lake Purrumbete: boat ramp, 212

Bills Crimes Legislation Amendment (Food and Drink Spiking) Bill, 45

Members statements Great South Coast: strategic plan, 61

Public transport: metropolitan and regional services, 115

Questions without notice Automotive industry: government support, 5