Legislative Assembly 6477 3 December 1993

FRIDAY, 3 DECEMBER 1993 MINISTERIAL STATEMENT Mr G. Latemore, Overland Safaris Hon. T. J. BURNS (Lytton—Deputy Premier, Minister for Emergency Services and Mr SPEAKER (Hon. J. Fouras, Ashgrove) Minister for Rural Communities and Consumer read prayers and took the chair at 10 a.m. Affairs) (10.02 a.m.), by leave: Honourable members would be aware that it is sometimes necessary to take steps to alert people to a PETITIONS particular problem. In this case, potential The Clerk announced the receipt of the tourists to our State are at risk of being subject following petitions— to unacceptable conduct by a Mr Graham Latemore, who trades as Overland Safaris out of Cairns. Latemore formerly traded as Abortion Law Independent Safaris. From Ms Warner (504 signatories) Over the last few years, my department praying that sections of the Queensland has received numerous complaints from Criminal Code which make abortion unlawful tourists about Latemore’s behaviour. Those be repealed and that abortion services be complaints include intimidation; racist established in the public hospital system and statements; excessive drinking of alcohol; an community-based women’s health centres impatient and volatile nature; abusive with no charge attached to this service. language; and direct and indirect threats of violence. As a result of this conduct, some complainants have abandoned their tour and arranged for their own return. Tourists would Abortion Law have a happy holiday with Mr Latemore! From Ms Warner (541 signatories) There have also been instances of tourists praying that sections 224, 225 and 226 which being abandoned in remote locations. My make abortion unlawful be removed from the colleague the Honourable Minister for Queensland Criminal Code. Tourism, Sport and Racing, Mr Bob Gibbs, as well as the Northern Territory’s Office of Consumer Affairs, have received similar Abortion Law complaints. From Ms Warner (855 signatories) This tour operator travels from Cairns in praying that all abortion laws be repealed to north Queensland to Ayers Rock and then allow abortion to be safely and readily returns. Mr Latemore has had his tour available as a confidential matter between a operator’s licence for tours within Queensland woman and her doctor. cancelled by the Queensland Department of Transport, but operates the interstate tour on Petitions received. the premise that the Australian Constitution allows him the right of free trade between the States. These interstate and overseas tourists PAPERS are our guests in Queensland. While they are The following papers were laid on the in this State, they are consumers within the table— meaning of the Fair Trading Act, and are entitled to the same protections as any other (a) Minister for Tourism, Sport and Racing Queenslander. They should not be subject to (Mr Gibbs)— the ill-treatment which is part of Latemore’s Trustees of the Willows Paceway— stock in trade, and I am concerned that his Annual Report to 30 April 1993 behaviour has damaged, and will continue to damage, Queensland’s image as a premier Queensland Tourist and Travel Corporation— tourist destination. Despite approaches to Latemore to Annual Report for 1992-93 mend his ways, no real cooperation has been Corporate Plan for 1993-94 forthcoming. Many difficulties are faced in (b) Minister for Health (Mr Hayward)— dealing with these complaints as many of the victims reside overseas or interstate and have Health Rights Commission—Annual left Queensland. Accordingly, I would warn Report for 1992-93. Queenslanders holidaying in the Cairns area not to deal with Latemore. 3 December 1993 6478 Legislative Assembly

I warn tourists to think carefully before PRIVILEGE embarking on some outback safari tours. Advice should be sought from licensed travel Answers to Questions by the Minister for agents or reputable tourist promotion Tourism, Sport and Racing organisations regarding the suitability of Mrs SHELDON (Caloundra—Leader of certain tours. My colleague the Honourable the Liberal Party) (10.08 a.m.): I rise on a Minister for Tourism, Sport and Racing, Mr matter of privilege. In answer to a question on Gibbs, will publicise this problem through the Tuesday, 30 November in this House, the Queensland Tourist and Travel Corporation’s Minister for Tourism, Sport and Racing stated international network. that no grants had been made by his I table for the information of honourable department to the Mount Gravatt Australian members some of the complaints lodged with Rules Football Club. On Thursday, 2 the Queensland Office of Consumer Affairs November, in answer to a further question on and the Northern Territory Tourist Commission notice by me, the Minister contradicted himself about Latemore’s activities. by stating that $10,685 had been made available to the Mount Gravatt Australian Rules Football Club by his department. This PARLIAMENTARY COMMITTEE OF PUBLIC raises the question that the Minister ACCOUNTS deliberately misled the House, and I move— Report “That this matter be referred to the Mr HOLLIS (Redcliffe) (10.06 a.m.): I Privileges Committee for its consideration have pleasure in presenting a report of the and report back to the House.” Parliamentary Committee of Public Accounts upon its inquiry into the financial Mr GIBBS: I rise to a point of order. On administration of Aboriginal and Islander the basis of the accusation, let me say that I councils. During this inquiry, the committee have no problems at all—— focused on the role of the Department of Mr LINGARD: I rise to a point of order. Family Services and Aboriginal and Islander The motion has been moved. Therefore, it Affairs and its support for the Aboriginal and cannot be debated even by a point of order, Islander councils. Areas considered by the otherwise it is completely unfair. It has been committee included the director-general’s moved, and must be put immediately to the responsibility for financial accountability in House. relation to the councils, the adequacy of the community services legislation and the Mr GIBBS: I seek leave to make a appropriateness of the structure of the ministerial statement. councils. The committee has made only one Mr SPEAKER: No, the Minister cannot do recommendation to the Minister, that is, to that now. address the conclusions reached by the committee. Question—That the motion be agreed I thank all members of the committee, to—put; and the House divided— especially the subcommittee members, NOES, 48—Beanland, Borbidge, Connor, Cooper, Messrs D’Arcy, Fenlon and Grice, for their Davidson, Elliott, FitzGerald, Gamin, Gilmore, Goss dedicated efforts. The committee particularly J. N., Grice, Hobbs, Horan, Johnson, Lester, appreciated the work of its research staff, Ms Lingard, Littleproud, McCauley, Mitchell, Perrett, Debra Stolz and Mr Ted Dahms, whose Quinn, Randell, Rowell, Santoro, Sheldon, Simpson, endeavours have contributed significantly to Slack, Stephan, Stoneman, Turner, Veivers, Watson Tellers: Springborg, Laming the committee’s deliberations. The committee also appreciated the work of Ms Sandy Rowse AYES, 34—Ardill, Barton, Beattie, Bennett, Bird, from the committee secretariat for her Braddy, Bredhauer, Briskey, Budd, Burns, Campbell, assistance in preparing this report. Casey, Clark, D’Arcy, Davies, De Lacy, Dollin, Edmond, Elder, Fenlon, Gibbs, Goss W. K., Hamill, Finally, I also table the committee’s Hayward, Hollis, Mackenroth, McElligott, Milliner, issues paper, a transcript of proceedings of Nunn, Nuttall, Palaszczuk, Pearce, Purcell, Pyke, the public hearing held on 13 September Robertson, Robson, Rose, Smith, Spence, Sullivan 1993, and the correspondence provided to J. H., Sullivan T. B., Szczerbanik, Vaughan, Warner, the committee during the conduct of this Wells, Woodgate Tellers: Pitt, Livingstone inquiry. I move that the report be printed. Resolved in the negative. Ordered to be printed. PERSONAL EXPLANATION Legislative Assembly 6479 3 December 1993

Hon. R. J. GIBBS (Bundamba— Minister provided a $10,500 grant to assist with the for Tourism, Sport and Racing) (10.16 a.m.), floodlighting of its oval. by leave: On 30 November, the Leader of the Liberal Party asked a question in this House, which stated— PARLIAMENTARY COMMITTEE OF PUBLIC WORKS “I direct my first question to the Minister for Tourism, Sport and Racing. In Report light of a grant of $200,000 by the Ms SPENCE (Mount Gravatt) Federal Sports Minister Ros Kelly to the (10.18 a.m.): I table the following report from Mount Gravatt Workers Club, I ask: has the Parliamentary Committee of Public Works: the Queensland Government approved Preliminary Report of an Inquiry into Health any grants to the Mount Gravatt Workers Facilities in Far North Queensland. I move that Club or the Mount Gravatt Australian the report be printed. Rules Club for the development of a Ordered to be printed. clubhouse?” Ms SPENCE: The Public Works I replied— Committee is in the course of conducting an “In short, there have been no inquiry into the provision of primary health care grants”— facilities at various locations in far-north I repeat “no grants”— Queensland. While that inquiry is by no means complete, the committee has become “from my department to either of the concerned at several matters. First, there sporting organisations that the member appear to be numerous buildings in the has mentioned.” Aboriginal communities which are sound and There has been no grant to either sporting have an obvious further useful life, but which organisation for the development of a are being earmarked for demolition or clubhouse. There has been—— removal. Second, there appears to be little Mrs SHELDON: I rise to a point of order. intent on the part of the departments and Mr Speaker, I would like your ruling on this, authorities involved to seek alternative sites for because I am not quite sure exactly how this the existing buildings. Third, considerable should be debated. criticism has been voiced to the committee about the level of consultation which occurred Mr SPEAKER: Order! What is the within the communities. honourable member’s point of order? The Public Works Committee is pleased Mrs SHELDON: My point of order is that to bring forward this preliminary report while the Minister did say that no grant had been there is still time for its views to be acted upon. made to any of those organisations. I commend the report to the House. Mr SPEAKER: Order! We are in the process of allowing a Minister, under the Standing Orders, the opportunity to make a QUESTIONS UPON NOTICE personal explanation. He ought to be allowed 1. Trainees that opportunity. If the honourable member Mr SANTORO asked the Minister for has a further point of order, she can raise it Employment, Training and Industrial then. Relations— Mr GIBBS: I thank you for your “(1) How many new trainees were taken protection, Mr Speaker. The simple fact is that on in Queensland during (a) 1989- the Mount Gravatt—— 90, (b) 1990-91, (c) 1991-92 and (d) Mr FitzGerald interjected. 1992-93? Mr SPEAKER: Order! I warn the (2) What was the total number of new honourable member for Lockyer under trainees taken on in the following Standing Order 123A. industry sectors in (a) 1989-90, (b) Mr GIBBS: The Mount Gravatt Australian 1990-91, (c) 1991-92 and (d) 1992- Rule Football Club made an application for 93— assistance with lighting for the ground, as do Building Electrical thousands of organisations throughout Metal Other Metal Queensland. Its contribution—and I repeat: Vehicle Food “its contribution”—was $78,000 that it made. Printing Horticulture The Department of Tourism, Sport and Racing Miscellaneous? 3 December 1993 6480 Legislative Assembly

(3) What was the total number of Model 89/90 90/91 91/92 92/93 trainees registered in Queensland at Admin.Asst. Bldg and Const. 10 4 1 30 June (a) 1989, (b) 1990, (c) 1991, Aluminium Fabrication 51 14 10 13 (d) 1992 and (e) 1993? Ambulance 32 10 (4) What was the total number of Australian Public Service 149 80 76 307 Australian Public Service— trainees registered in Queensland at AVC Trial 8 31 October (a) 1989, (b) 1990, (c) Auto—Audio and 1991, (d) 1992 and (e) 1993? Communications 9 4 Auto—Exhaust System 13 9 1 5 (5) What was the total number of Auto—Radiator Repair 12 1 2 2 trainees registered in Queensland in Auto—Replacement Parts 84 34 28 27 the following industry sectors at 30 Auto—Tyre Services 39 12 9 14 June (a) 1989, (b) 1990, (c) 1991, (d) Banking 39 40 20 1992 and (e) 1993— Basic Laboratory Practice 1 22 Building Electrical Childcare 77 Metal Other Metal Civil Construction 8 3 1 Vehicle Food Concrete Workers 10 6 11 4 Printing Horticulture Dry Cleaning 18 14 15 6 Miscellaneous? Fibre Reinforced Plastics 39 7 10 20 (6) What was the total number of Field Construction & Maintenance 49 27 27 39 trainees registered in Queensland in Food Processing 7 the following industry sectors at 31 Freight Operations 16 15 34 26 October (a) 1989, (b) 1990, (c) 1991, Furniture Removals 15 16 1 (d) 1992 and (e) 1993— General Office 782 528 662 840 Building Electrical Clerical & Admin Skills 84 Metal Other Metal General Retail 410 316 398 465 Vehicle Food Hire & Rental Operations 14 2 1 Printing Horticulture Horticultural Production 21 17 Miscellaneous?” Hospitality 298 217 133 229 Mr MACKENROTH: On behalf of the Insurance 15 5 9 10 Minister for Employment, Training and Legal Office 110 59 81 112 Industrial Relations, I table the answer and Local Government 35 27 45 148 ask leave to have it incorporated in Hansard. National Metal and Engin. Mod 1 One of the answers is very long, Mr Speaker. National Metal & Engin. Mod 2 You may need to look at whether there is a Nurseryperson 62 61 81 68 need for all of it to be incorporated in Hansard. Pig Production 3 8 7 Plastics-Cavity Moulding 5 6 Mr SPEAKER: Order! I will rule that the Plastics-Composite Laminates answer be incorporated. The Chief Hansard Plastics-Thermoforming & Fab. 3 8 Reporter has indicated some difficulty with Plastics-Extrusion 2 2 some of the tables being incorporated. I will make a ruling afterwards whether the tables Postal Business will be incorporated, but they certainly will be Retail Operations (Sales) tabled. Rural 164 91 92 81 Seafood Handling 1 3 3 1. Service Station Food Services 6 FINANCIAL YEAR NEW TRAINEES Service Station Operations 49 45 40 53 1989-90 3035 Small Offset Printing 28 9 5 18 1990-91 1905 Software Support 9 13 2 1991-92 2127 State Public Service 1992-93 3209 (Keyboard) 318 96 166 235 State Public Service (Clerical) 25 97 2. Traineeship statistics are not kept by the Survey Assistant 13 11 8 6 industry sectors nominated which reflect Survey Assistant—CST 2 the traditional means of keeping Telecommunications Installer apprenticeship statistics. The nature of traineeships and the industry and Textile, Clothing and Footwear 47 19 18 10 occupational areas in which they have Timber Industry 32 15 7 4 developed mean it is more relevant to Travel Operations 20 21 8 42 keep these statistics by traineeship Wardsperson 14 17 22 25 model. Warehousing 44 27 23 67 Legislative Assembly 6481 3 December 1993

3. Plastics-Extrusion 1 3 Postal Business 19 DATE IN TRAINING Retail Operations (Sales) 30/06/89 2752 Rural 120 141 114 99 95 30/06/90 3069 Seafood Handling 24 12 1 30/06/91 2015 Service Station Food Services 2 7 1 30/06/92 2010 Service Station Operations 26 44 47 41 49 30/06/93 2956 Small Offset Printing 25 14 4 16 4. Software Support 9 13 DATE IN TRAINING State Public Service (Keyboard) 112 328 130 165 229 State Public Service (Clerical) 32 101 31/10/89 3019 31/10/90 2587 Survey Assistant 13 11 9 7 31/10/91 1673 Survey Assistant—CST 2 31/10/92 2303 Telecommunications Installer 31/10/93 2791 Textile, Clothing and Footwear 65 66 21 17 9 Timber Industry 24 12 7 4 Travel Operations 21 18 7 27 5. Traineeship statistics are not kept by the Wardsperson 23 14 19 24 27 industry sectors nominated which reflect Warehousing 6 9 29 20 58 the traditional means of keeping apprenticeship statistics. The nature of 6. Traineeship statistics are not kept by the traineeships and the industry and industry sectors nominated which reflect occupational areas in which they have the traditional means of keeping developed mean it is more relevant to apprenticeship statistics. The nature of keep these statistics by traineeship traineeships and the industry and model. occupational areas in which they have developed mean it is more relevant to Model 30/6/89 30/6/90 30/6/91 30/6/92 30/6/93 keep these statistics by traineeship Admin.Asst. Bldg and Const. 2 7 2 0 model. Aluminium Fabrication 33 39 18 11 15 Model 31/10/8931/10/9031/10/9131/10/9231/10/93 Ambulance 38 47 6 Admin.Asst. Bldg and Const. 10 1 1 Australian Public Service 155 145 83 80 253 Aluminium Fabrication 48 28 12 9 20 Australian Public Service—AVC Trial 50 Ambulance 4 48 35 2 Auto—Audio and Communications 9 5 1 Australian Public Service 110 117 100 176 151 Auto—Exhaust System 26 14 7 2 5 Australian Public Service—AVC Trial 48 Auto—Radiator Repair 19 10 2 2 1 Auto—Audio and Communications 8 3 Auto—Replacement Parts 130 95 33 20 29 Auto—Exhaust System 20 9 4 1 6 Auto—Tyre Services 61 53 11 4 12 Auto—Radiator Repair 15 8 1 2 2 Banking 40 38 49 19 0 Auto—Replacement Parts 125 79 32 15 22 Basic Laboratory Practice 22 Auto—Tyre Services 59 44 5 6 14 Childcare 74 Banking 28 32 38 19 Civil Construction 24 22 3 2 Basic Laboratory Practice 21 Concrete Workers 30 32 14 11 6 Childcare 101 Dry Cleaning 4 17 15 13 10 Civil Construction 21 19 3 1 Fibre Reinforced Plastics 41 44 9 7 18 Concrete Workers 29 27 13 12 6 Field Construction & Maintenance 63 70 37 32 47 Dry Cleaning 10 17 12 12 8 Food Processing 7 9 1 Fibre Reinforced Plastics 53 39 6 11 15 Freight Operations 14 15 17 30 30 Field Construction & Maintenance 71 63 29 34 28 Furniture Removals 17 13 15 2 2 Food Processing 7 6 8 General Office 771 820 505 576 710 Freight Operations 18 1 16 35 24 Clerical & Admin Skills 102 Furniture Removals 23 10 14 3 1 General Retail 407 421 318 361 404 General Office 843 711 454 652 585 Hire & Rental Operations 14 7 Clerical & Admin Skills 214 Horticultural Production 17 15 General Retail 460 341 283 391 383 Hospitality 270 279 223 117 192 Hire & Rental Operations 10 Insurance 11 14 5 7 2 Horticultural Production 3 18 15 Legal Office 137 108 63 78 97 Hospitality 293 289 124 143 188 Local Government 40 34 33 48 146 Insurance 8 9 8 9 1 National Metal and Engin. Mod 1 Legal Office 133 99 59 90 85 National Metal & Engin. Mod 2 Local Government 38 22 32 60 116 Nurseryperson 60 40 59 71 69 National Metal and Engin. Mod 1 8 Pig Production 3 8 6 0 National Metal & Engin. Mod 2 8 Plastics-Cavity Moulding 5 5 Nurseryperson 51 40 47 81 62 Plastics-Composite Laminates Pig Production 6 9 5 Plastics-Thermoforming & Fab. 5 6 3 December 1993 6482 Legislative Assembly

Plastics-Cavity Moulding 5 7 With regard to financial management problems Plastics-Composite Laminates 5 at Ipswich TAFE College urgent and extensive Plastics-Thermoforming & Fab. 9 5 remedial action has been taken by my Director- Plastics-Extrusion 1 1 General. This has included the establishment Postal Business 19 and deployment of a special team of experts Retail Operations (Sales) from other areas of the Department and the Rural 133 86 78 74 78 TAFE network who were charged with the task Seafood Handling 18 8 of correcting all of the deficiencies identified Service Station Food Services 7 5 by the Auditor-General. The work of the task Service Station Operations 41 28 36 36 41 force is nearing completion. Small Offset Printing 8 22 4 10 12 Since 1988/89 when the previous Government Software Support 14 7 spent a mere $213M on TAFE we have State Public Service (Keyboard) 189 274 116 201 237 increased the Budget allocation for the TAFE State Public Service (Clerical) 43 161 system to $424M in 1993/94, an increase of 99 Survey Assistant 12 9 8 6 per cent. This has been necessary in order to Survey Assistant—CST 2 overcome the appalling neglect of vocational education and training during the period of the Telecommunications Installer previous National/Liberal Party Government. Textile, Clothing and Footwear 66 48 11 16 5 The increased financial complexity associated Timber Industry 20 22 4 7 4 with this funding increase has brought with it a Travel Operations 24 16 13 8 22 need for a concentrated focus on and an Wardsperson 13 15 32 16 upgrading of skills in the area of financial Warehousing 28 6 17 27 47 management. It is gratifying to note that the Auditor-General 2. Ipswich TAFE College has commented favourably in this year’s report on a trend indicating a move towards improved Mr SANTORO asked the Minister for financial management practices in TAFE Employment, Training and Industrial colleges, and on the fact that the Director- Relations— General of my Department has acted positively in relation to required corrective action. “With reference to the Auditor–General’s 1991 report to Parliament and further comments made by the AuditorÐGeneral in QUESTIONS WITHOUT NOTICE his report tabled on 1 December relating to Performance Dividend, Local Governments the Ipswich TAFE college— Mrs SHELDON: In directing a question to (1) Why has he allowed this disgraceful the Treasurer, I refer to his scheme to charge degree of financial mismanagement local governments a performance dividend for to continue during the past 12 borrowings obtained through the QTC. I table months despite the dire warnings of documents which detail quotes for a loan to the Director–General in last year’s the Wambo Shire Council from the report? Commonwealth Bank at an indicative rate of (2) Will he accept responsibility for this 5.1 per cent and from the QTC at 5.85 per disgraceful degree of financial and cent. The council was unable to accept the administrative mismanagement?” cheaper quote due to the Treasury-imposed indicative rate cap of 5 per cent applied to Mr MACKENROTH: On behalf of the lending to shire councils. The Wambo Council Minister for Employment, Training and is now forced to borrow from the QTC at a Industrial Relations, I table the answer and higher interest rate and pay the performance seek leave to have it incorporated in Hansard. dividend. I ask: why try to disguise this Leave granted. dividend as a voluntary scheme when it is now obvious it is just a new and compulsory tax on I accept Ministerial responsibility for all matters local governments? within my portfolio including the implementation of the Government’s vocational Mr W. K. Goss: A question from Bob education and training policies and Sparkes for the Liberal Party. programmes through the Ipswich TAFE Mrs SHELDON: Is the Premier prompting College. the Treasurer again? Mr Santoro’s question is based on a false premise in his reference to "the dire warnings of Mr De LACY: In answer to the question the Director-General in last year’s report". Last from Sir Robert Sparkes—I am not aware of year’s report (1992) of the Auditor-General that quote. The arrangement we have with contained no such warnings of the Director- local authorities is that they need to ask the General. QTC for a quote. If the quote from the QTC is Legislative Assembly 6483 3 December 1993 not better than that which they receive from the Premier: would the inclusion of either private sources, local authorities are entitled to clause endanger his support for the Federal borrow money from private sources. If the Bill? local authority to which the member referred Mr W. K. GOSS: We are not just indeed has received a quote at below the cost smarting; we are wilting. I do not know of funds—and I would have to say that 5.1 per precisely what amendments the Greens will cent is below the cost of funds—provided that seek in the Senate— it is comparing apples with apples, there is no reason that that local authority cannot borrow Mrs Woodgate: They don’t know either. through the Commonwealth Bank. Mr W. K. GOSS:—and I doubt that they I need to make the point that, if a quote know themselves. I do not think we will know has been given on a fixed rate for two years or until—— five years or whatever, and that is being Mrs Sheldon: What about—— compared with a floating rate loan, apples are not being compared with apples. I put it to the Mr W. K. GOSS: I will come to those two Deputy Leader of the Coalition that the points. We will just have to wait and see. They banking system cannot provide funds at a are a very unpredictable bunch of people. cheaper rate than the QTC, unless in some As to the first of the two points raised by instances it is prepared to offer—as some the Deputy Leader of the Coalition—on the retail outlets do—what retail outlets call a loss face of it, that particular amendment does not leader in order to attract business. If banks are appear to add anything to what is already the prepared to do that, the local authority is law of Australia, namely, that where there is a entitled to borrow from them. Commonwealth law and the law of a State If the Wambo Shire Council has a and where there is an inconsistency, the problem in that regard or if it believes that it Commonwealth law prevails. That is already has to borrow through the QTC when it is the law of Australia. If there is a proposal from genuinely receiving a cheaper quote from the the Greens to add that to the legislation, Commonwealth Bank, the council should subject to seeing whether there is any other contact me, and I will review it. We would not hook in it, I do not think that would change the make a local authority borrow money at a law of Australia. If the Greens are seeking an higher rate than it needs to. amendment in that regard, I believe that they are misguided, but we will certainly examine it in detail to see whether there is anything more Mabo to it than that which the Deputy Leader of the Mr SPEAKER: I call the Deputy Leader of Coalition has put forward. the Coalition. As to the second point that she raised, Mr Gibbs: That worked—what’s the next namely, that the Greens might seek an tactic? amendment that enables native title claimants or Aboriginal people to go to the tribunal and Mrs SHELDON: Still smarting, are we? oppose a claim from some other Aboriginal Mr SPEAKER: Order! The Minister for clan or group because it is against their Tourism, Sport and Racing will cease interests—I am not sure what that interjecting. amendment adds to the legislation, but we will Mrs SHELDON: In directing a question to examine it. I say that I am not really sure what the Premier, I refer to the reports in national it adds to the legislation because two newspapers of the list of amendments to the competing groups going to court or to a Commonwealth’s native title legislation being tribunal seeking the same interests happens demanded by the Green Senators in the courts every day. If that occurs with a Chamarette and Margetts. In particular, I refer claim over land by two competing Aboriginal to their requirement for a clause that, in the clans or groups, courts and tribunals are there event of any inconsistency between the to sort it out. I do not think that amendment Commonwealth Native Title Bill and the Racial will be a problem, but we will examine it very Discrimination Act, the RDA will prevail. closely. Secondly, they are seeking an expansion of Environmental Policies the parameters for special inquiries before the Mr PITT: I ask the Minister for national native tribunal to allow access for Environment and Heritage: can she inform the Aborigines who believe a native title claim House what changes have been achieved in brought by others is prejudicial to them. I ask the management of the environment in 3 December 1993 6484 Legislative Assembly

Queensland since the Government came to area. There will be no more logging and no power in 1989? more sandmining. The Labor Party has Ms ROBSON: I thank the honourable delivered its four major promises for changes member for that excellent and timely question, in conservation and the environment. We four years and a day after we were elected to promised four legislative changes: a Heritage Government in this State. This morning, I Act, a Coastal Act, a Nature Conservation Act opened a conference titled “The Greening of and an Environment Act. We have delivered Government—Ideals and Reality”, which is on all of those Acts. We have changed the designed to delve into the issue about which culture in Queensland, and the Government the member inquired. This morning, I was able should be recognised for its contribution. to inform that conference—— Mr Veivers interjected. Business Conditions in Queensland Mr SPEAKER: Order! I warn the member Mr PITT: I ask the Minister for Business, for Southport under Standing Order 123A for Industry and Regional Development: can he that inane interjection. outline the state of business conditions in Ms ROBSON: This morning, I was able to Queensland as outlined in the Queensland show that audience that Queensland is a very Economic Review? different place today compared with that which Mr ELDER: A good measure of solid, the Labor Party inherited four years ago. strong, sound business conditions and During that period, we have changed the confidence in those business conditions is culture of Queensland’s environment. The found in the Queensland Economic Review list President of the Wildlife Preservation Society, of new business registrations. In the who also spoke at that conference, September quarter, there were 10 256 new acknowledged that fact. He told the audience registrations. That is even higher than the that most of the 101 point log of claims put record of 9 500 in the previous quarter, and it forward by that society prior to the 1989 is a good demonstration of the confidence. election have been resolved. I think that is an An Opposition member: Bankruptcies. admirable record. He referred specifically to the achievements of the Department of Mr ELDER: I heard the comment Environment and Heritage, which has totally or “bankruptcies”. I know that members of the partially achieved some 95 per cent of that log Opposition get undisguised glee from other of claims, which is a very good move towards people’s misfortunes with bankruptcies. They a green revolution. The Cabinet of this State love highlighting bankruptcies. However, I take endorsed the national strategy for ecologically bankruptcies very seriously. The trends in sustainable development and the national bankruptcies in this State show a reduction greenhouse response strategy. The decision from 2 900 to 2 600 over the year; in other of the Government was that, across all words, a trend downwards during the period of departments, the principles and policies of this Government. We do take bankruptcies ESD would be striven for and we would work seriously. We do not take undisguised glee towards a collective effort not only through the from them, as do Opposition members. Department of Environment and Heritage but If members were to look closely at the also through all Government departments to Queensland Economic Review, they would revolutionise environmental protection in this see another good indicator, which is that State. stress sales decreased by another 8 per cent. An indication of our record of That reinforces a number of commentaries on achievement, for example, is that, when we the Queensland economy over the past 12 took Government in 1989, national parks in months. If one looks at the Yellow Pages this State covered only 3.5 million hectares. index, one sees that Queensland companies We now have representation of some 5.8 are showing far greater confidence in terms of million hectares. We inherited 44 per cent of their expectation of sales, profitability and the State’s ecosystems being protected; we employment. If one looks at the QCI Pulse have increased that figure very significantly to survey, again one sees significant confidence 63 per cent. We have a strong Heritage Act coming from the business sector. The under which 960 heritage sites are proportion of businesses that expect to see permanently protected. They cannot be stronger activity in the next 12 months is 38 knocked down, as was the practice of the per cent against the national average of 23 former Government, with its no protection, per cent. On the question of whether business bowl them over, leave nothing for the future conditions are seen as satisfactory or attitude. Fraser Island is now a World Heritage Legislative Assembly 6485 3 December 1993 good—again, one sees a significant increase He has strung together a fanciful tale and on what one sees in the national average. drawn some longbows. The matter is under In terms of investment conditions in this investigation and, when the results of that State—the issue that Opposition members investigation are available, we will talk about play on continually—the QCI Pulse survey them. shows that 67 per cent of businesses expect far better conditions over the next 12 months. Election Funding Again, I cite ABS figures. In the short term, our companies in Queensland expect an Mr LIVINGSTONE: In directing a question increase in profitability, sales and employment to the Premier, I refer to comments by the well above the national average. Continual Leader of the Opposition following the release evidence from a multitude of sources reaffirms of the Parliamentary Electoral and the strength of the Queensland economy and Administrative Review Committee report on confirms the confidence that the business the funding of elections, and I ask: is that community in this State has in the consistent with his party’s position here in Government and in the economy generally. I Queensland? say to Opposition members that it is no good Mr W. K. GOSS: I was interested to hear taking glee from the misfortunes of others. It is in the media yesterday the Leader of the about time that they were far more positive in Opposition, Mr Borbidge, say in respect of the their support for the business community. recommendation that there be public funding They should stop preaching doom and gloom of elections in Queensland— and start looking after Queensland. “It is not on. You know the people of Australia should not have to finance Mr J. Miller political campaigns or political parties.” Mr LINGARD: In directing a question to That is what the Leader of the Opposition the Minister for Primary Industries, I refer to his says. Let us look at what he does. I have a reply on Tuesday of this week that, in report from the relevant Commonwealth fulfilment of the earlier commitment that the Government agency on the total amount paid Premier and he had discussed, he held to political parties in the 1984 Federal election. discussions with Mr Jim Miller concerning Mr The National Party of Australia received—— Miller’s future and that he would be talking Mr Perrett: That’s nine years ago. further with him later this week. I ask: what Mr W. K. GOSS: Do not worry. We will was the result of those further discussions with get there. Thank you, Mr Perrett. In 1984, the Mr Miller? Will he remove Mr Miller from his National Party received $814,000 from the position? taxpayers of Australia. In 1987, the National Mr CASEY: Those discussions are now Party of Australia received—— ongoing. Mr Slack: What did the Labor Party get? Mr W. K. GOSS: I will table the Mr D. Barbagallo document. We are open about it. Opposition Mr LINGARD: I ask the Minister for members say one thing and do another. In Environment and Heritage: why did National 1987, the National Party of Australia took Parks and Wildlife rangers of her department $1.1m from the taxpayers of Australia. In confiscate a vehicle in Cape Melville National 1990, the National Party took $1.1m from the Park containing three firearms, a chainsaw taxpayers of Australia. Let us come back to and a small quantity of marijuana, all Queensland, Mr Borbidge’s bailiwick. In belonging to members of the Barbagallo Queensland in 1984, the National Party at family, including David Barbagallo, the Spring Hill, at Bjelke-Petersen House, took Premier’s former private secretary? Were $391,000. In 1987, the National Party took those people intending to rendezvous with a $502,000. In 1990, Mr Borbidge and the trawler? Did they have in their possession any National Party took $344,000 from the foxtail palms, the illegal handling of which taxpayers of Australia. involves a fine of $200,000? The question I have, and I am sure the Ms ROBSON: The member has strung question that some people in the press gallery together an incredible sequence of events have who were told yesterday that it is not on, that are currently under investigation, as they is this: in the election that was held this year, rightly should be. The honourable member is how much did Mr Borbidge put his hand out talking about allegations that have been for? How much did Mr Borbidge take this made. They are currently being investigated. year? 3 December 1993 6486 Legislative Assembly

Mr Borbidge: Don’t do it. You don’t have Mr BORBIDGE: In directing a question to to do it. the Premier, I refer to the PAC’s report tabled Mr W. K. GOSS: It is all in the records. this morning critical of the chronic lack of How much did Mr Borbidge take this year? In financial administration of Aboriginal and respect of public funding, the Leader of the Island councils and to advice from the Crown Opposition said, “It is not on.” How much did Solicitor that it is the Minister’s responsibility— he take this year? “ . . . at the least inquire as to how grants Let me conclude on this note: if a similar have been expended, and that they have scheme is introduced in Queensland, then, been expended in the discharge of a like the Federal scheme, it will not be Council’s functions, duties and powers compulsory, just as integrity and honesty in under the relevant legislation.” the Leader of the Opposition’s public Given the committee’s unanimous view that statements are not compulsory. the Minister and the director-general both failed to fulfil their duties under sections 82 and 83 of the Community Services Act, when Roads is the Premier going to live up to his own Mr LIVINGSTONE: I ask the Minister for Cabinet Handbook’s requirements in relation Transport: can he indicate what the State to ministerial accountability and sack her? Government’s plans are for Queensland’s Mr W. K. GOSS: I will certainly examine roads over the next five years? the parliamentary Public Accounts Mr HAMILL: I will be releasing details of Committee’s report and ensure that a detailed our five-year State road strategy that will response is provided to the House. I think a involve expenditure of State funds totalling couple of points need to be made plain, that some $1.9 billion. As well, there will be some is, that in relation to the problems of $1.1 billion made available by the accountability on these Aboriginal councils, all Commonwealth for national highways in members well know that this has been an Queensland. All told, that is some $3 billion ongoing problem for many years—— worth of investment in our road network. I Mr Borbidge: It is a legal requirement on might say, though, that the success of the the Minister. State Government’s road reform package has meant that some $90m of additional works will Mr W. K. GOSS: I will come to that—and be undertaken this year alone because of the was a significant problem under the previous productivity gains that we have achieved in Government as well. It will take time to get the the delivery of our road program. In practical accountability measures in these councils right terms, that means—and these documents and, frankly, it will need some of these clearly indicate it—that in excess of some 60 Aboriginal leaders to accept some additional projects will be undertaken in responsibility for their own affairs instead of Queensland this year because of the State dawdling on in the way they have with Government’s initiatives. unsatisfactory standards of accountability. These projects are spread right across In relation to the role of the Minister’s the length and breadth of Queensland. For department in providing funds to these example, there will be major reconstruction councils, they only provide a very small work on the bitumen seal in Injune and amount of funds, but in respect of the Rolleston; major work done on the peninsula proportion that they do provide, as I development road; major work done between understand it, there is a power in the Cairns and Cooktown and between Cairns and legislation—I am not sure what the particular Normanton; major work at Capalaba in the sections are—to provide moneys. Although Redlands; as well as the completion of the there is no specific requirement to audit those new bridge across the Burnett River in funds, there are, in fact—— Bundaberg. All told, that is a massive Mr Borbidge: Sections 82 and 83—the investment in Queensland’s future and a Crown Solicitor’s opinion. significant achievement by this Government in Mr W. K. GOSS: The honourable getting the best possible value for the member seems to have a detailed knowledge taxpayer’s dollar when it comes to road of this report half an hour after it was tabled. construction and maintenance. What is this? Half an hour after the report is tabled, every Opposition member has read it Aboriginal and Island Councils and has the relevant sections highlighted. Mr Speaker, what do we have here? I sniff a leak from the committee. Do not tell me that we Legislative Assembly 6487 3 December 1993 see here the use of the Public Accounts credibility. I refer to the Premier’s Cabinet Committee for partisan political purposes! Handbook requirements in relation to They have all got it. We see here each and ministerial accountability, which he has now every day the difficulty that these people have been trumpeting for a number of years. I refer even drafting a question. Sometimes they also to unprecedented advice from the Crown have trouble reading the questions that are Solicitor and the unprecedented action of a passed down from the front, yet, half of them unanimous report of the Public Accounts have, in the last half hour, read the whole of Committee that one of his Ministers has failed the parliamentary Public Accounts Committee to meet these requirements under the report. Even the member for Nerang has all legislation that she herself is responsible for. I the relevant sections highlighted. give the Premier another opportunity and ask: Mr Gibbs: He was colouring in. when does he intend to act? Mr W. K. GOSS: I think I smell a rat! Mr W. K. GOSS: The Leader of the Opposition is the last person who should talk Mr Nunn interjected. in this place about accountability. The record Mr SPEAKER: Order! The member for in relation to the state of law and the Hervey Bay! operation of the Auditor-General under his Mr Stephan: He’s just helping the Government was a disgrace. They had no Premier. parliamentary Public Accounts Committee—— Mr SPEAKER: Order! The member is An honourable member interjected. certainly not helping me, anyway. Let us see if Mr W. K. GOSS: No more “slick Bobby” he can. I am sure that he can. interjections from the member. The facts are Mr W. K. GOSS: I conclude on this note: that the previous Government had a Public this matter has come up on a number of Accounts Committee that had a ministerial occasions and it will come up on more veto to prevent the committee from occasions; that is the fact. I have spoken to investigating anything that would embarrass the Minister about it. There are a number of them. What a joke! steps or mechanisms, as I understand it, in Mr BORBIDGE: I rise to a point of order. general terms—— The Premier is misleading the House. I table Mr Borbidge: You said you had spoken his comments in support of the previous to the Minister about the report? Government’s PAC that were made in this place on 10 November 1988—his words. Mr W. K. GOSS: I said I have spoken to the Minister about this matter. Mr SPEAKER: Order! There is no point of order. The Leader of the Opposition will Mr Hobbs interjected. resume his seat. Mr SPEAKER: Order! I am on my feet. Mr Veivers interjected. The member went for a walk yesterday. If he wants to go for another walk today, I am easy; Mr SPEAKER: Order! The member for I really am. Southport! Are we quite ready? I think that might be the last interjection that the member Mr W. K. GOSS: I have spoken to the for Southport makes today. Minister three or four times in the past two years about this matter. I am assured that Mr W. K. GOSS: The Labor Party there are a number of steps taken to improve consistently supported a Public Accounts accountability. I assure the House that a Committee, but not one with a ministerial veto detailed response will be given to the and not one with a shonky override to cover parliamentary committee’s report as soon as it the biggest bunch of crooks—— has been studied by the Minister and that Opposition members interjected. report has been submitted to me. Mr W. K. GOSS: The biggest bunch of In conclusion, I would like to apologise to crooks! the member for Nerang. I said before that he Mr SPEAKER: Order! This is the last must have had an advance copy of the report warning I will give. I have warned some because it was all highlighted. I apologise. He members. I am going to take action shortly. was in fact colouring it in. Question time is degenerating into a slanging match and a screaming match. Ministerial Responsibility Mr W. K. GOSS: It is one of the reasons Mr BORBIDGE: I direct a further question why this Government was elected four years to the Premier concerning his personal ago. 3 December 1993 6488 Legislative Assembly

An Opposition member interjected. Mr W. K. GOSS: I am pleased to be able Mr SPEAKER: Order! to inform the House, the member for Whitsunday, and the members who are Mr W. K. GOSS: We promised, as part of chattering at the back of the Chamber during our platform, to abolish the ministerial veto, question time— and we did it. Members of the Opposition should not talk to me about accountability Mr SPEAKER: Order! because what they are saying is the same as Mr W. K. GOSS:—that this service will be what they have claimed about public funding expanded and improved. I know that the of elections. They say one thing, but out in the member for Whitsunday, as a woman backroom of the National Party, they take the member from country Queensland, is money. interested in this service and recognises its Mr Borbidge interjected. value to women and women’s groups throughout Queensland. Mr SPEAKER: Order! I warn the Leader of the Opposition under Standing Order 123A. The service will include a new library catalogue that will provide better access to Mr W. K. GOSS: Every time, they take information for women in regional the money and the low road. I say again in Queensland. The new catalogue, through relation to this particular issue that it is a Women’s Infolink, will be available through problem of accountability that existed under shire and council libraries and community the previous Government and which exists agencies, such as neighbourhood centres and under this Government. It will take some years health centres, and it will boost access right to fix because we are dealing with complex across-the-board for women outside the problems and, frankly, some Aboriginal metropolitan area. The catalogue covers more leaders will not take responsibility when they than 2 000 books and reports and a broad should. Eventually, the problem will be fixed range of subjects that are of particular interest up, and it will be fixed up as soon as is to women, including health, education, child humanly and reasonably possible. In respect care, family law, employment, women’s of accountability and in relation to the portrayal in the media and in advertising, and performance of the Minister and her violence against women. department, I can inform the House that steps are being taken by the Minister and her The other point I would make in relation department. I assure the House that a to this Government’s commitment to women detailed response to the parliamentary Public in rural and regional Queensland is that a 008 Accounts Committee report and the pre- telephone service has been installed to give prepared National Party press release will be women right throughout Queensland access given this morning. to these sorts of services—access that a Country Party or National Party Government never gave them. Of the 30 000 telephone Women’s Infolink Service calls for assistance and information that have Mrs BIRD: In directing a question to the been received from women since the service Premier and Minister for Economic and Trade opened—which are now running at about a Development, I refer him to a new library thousand a month—about 30 per cent came catalogue service being offered by the on the 008 number from outside the Women’s Infolink Service. I ask: will this metropolitan area. It really is a service that benefit women living in regional areas? women in rural and regional Queensland are responding to, and I think that this extension Mr W. K. GOSS: It certainly will. Under of the service will be a very positive step the previous Government, women were sadly forward for women in this State. neglected as a section of the community in terms of their needs. Four years ago, we promised, among other things, to bring in a Video and Computer Games special adviser in respect of women’s issues, Mrs BIRD: In directing a question to the which we did, and to establish a Women’s Deputy Premier, Minister for Emergency Policy Unit within the Premier’s Department, Services and Minister for Rural Communities which we did. As part of that, approximately and Consumer Affairs, I draw his attention to three years ago the Government established community concern about the level of violence the Women’s Infolink Service. Since the and sexual content in computer and video service commenced, it has offered a library games. I ask: what measures will be service. introduced to ensure that there will be some Honourable members interjected. regulation of computer games? Legislative Assembly 6489 3 December 1993

Mr BURNS: I thank the honourable member for the question. On 4 November in Aboriginal and Islander Councils Sydney, censorship Ministers met to adopt various measures which will ensure that, for Mr LITTLEPROUD: In directing a the first time, there will be some regulation of question to the Minister for Family Services computer games. The measures include: a and Aboriginal and Islander Affairs, I refer to compulsory classification system for all the wide variety of allegations of financial computer games, including coin-operated impropriety of Aboriginal and Islander arcade games; classification levels to be Councils, including an allegation that the cost modelled on those already in place for film of air charter to deliver alcohol for private and videos so that community confusion is consumption was met by a council; that the minimised; the guidelines to be used by the full rate of travel allowance has been paid to Commonwealth Censor will be tighter than council representatives whose those for films and videos to reflect the accommodation costs were also being interactive nature of computer games and the separately met—a case of double dipping— potential psychological risk that the repetitive and that councils have not paid workers’ playing of violent games could have on young compensation premiums or superannuation children; additional restrictions to be placed on contributions for workers. I ask: why did the arcade parlours so that young children are not Minister not implement the recommendations subject to explicitly violent material; and the of the previous PAC report and listen to the drafting of new guidelines to be developed in previous warnings given by the Auditor- conjunction with the States so that broad General? community interest and concern are Ms WARNER: In respect of the matters accurately reflected in the final form. raised by the Auditor-General and in a number The recommendations of the Senate of other places—in all cases where there had Select Committee on Community Standards in been allegations of misappropriation in its report on video and computer games, respect of the Aboriginal councils, the matters including the possible prohibition of R and X have been referred to the CJC. They are still rated games, will be considered by the under investigation. Ministers at their next meeting in February Mr Borbidge: What are you doing about 1994. To reflect the importance of this issue, it? the ACT Classification of Publications Ms WARNER: The reality is that some of Ordinance 1993 will be amended in the next the matters have been referred to the police. I few months so that the States can then pass do not have total power over every part of the complementary legislation. It is also likely that councils’ administration simply because it has the Queensland Classification of Films Act to do—— 1991 will be amended in the first nine months of 1994 to ensure that computer games are Mr Cooper interjected. classified in this State. Mr SPEAKER: Order! The member for The censorship Ministers meeting was Crows Nest! marked by broad support for the legislative Ms WARNER: There seems to be an intervention to provide greater consumer outrageous assumption in this House that intervention on computer games and to anything to do with Aboriginal people has regularise the industry. Ministers also noted automatically got to come back to me. the need for increased and coordinated Mr Borbidge interjected. research of the medical and social consequences of computer games on players, Mr SPEAKER: Order! I have already particularly children. The proposed guidelines warned the Leader of the Opposition twice. will empower parents by providing user-friendly This is my final warning. consumer information and by banning or Ms WARNER: I say again that there is an restricting access to games containing scenes outrageous assertion that anything to do with of violence, cruelty or sexual exploitation. Aboriginal people automatically has to be This matter has been raised by many controlled by my department. That is a totally members. The honourable member who fallacious view which is reminiscent of the asked the question has raised it with me on a colonial regime which the members opposite number of occasions. It is a national issue, operated for a number of years. We do not and as the Commonwealth and the States operate like that. have now agreed, we can start to get on with Mr Horan interjected. the job of introducing legislation. 3 December 1993 6490 Legislative Assembly

Mr SPEAKER: Order! I warn the member Minister of not complying with her own piece for Toowoomba South under Standing Order of legislation, whereby she should provide and 123A. administer an accountability system for those Ms WARNER: If Aboriginal people are councils. Can the Minister now explain the guilty of official misconduct, they are reported variation on the statement that she has just to the CJC in the same way as any other made and the statement coming from the citizens are. If they are guilty of Auditor-General earlier this year? misappropriation of funds in a criminal Ms WARNER: In words of one syllable, manner, they are reported to the police for for the benefit of the member opposite who prosecution. A number of those issues are does not understand plain English, there was under investigation. That are not a matter for a development of a model financial the administration of my department. I make it procedures manual in that year. clear that they are not. In terms of the Mr Littleproud interjected. administrative procedures of councils, let me make it clear that councils are independently Mr SPEAKER: Order! I warn the member elected bodies. They are elected every three for Western Downs under Standing Order years in the same way as members are 123A. elected to this Parliament, which is an Ms WARNER: Accounting standards for independently elected body. They are councils were issued by me in June 1991. autonomous bodies and they are bodies There may very well be further improvements corporate. that we can make, but we have to make them We take a number of steps to assist in an evolving manner as we work out what councils with their financial responsibilities. We are the bugs in the system. There are no have always offered that assistance to blueprints for answers in this very difficult area, councils. Officers of my department have as I said before. Clearly, the National Party actively encouraged councils to comply with created this problem, after its many years in the financial provisions of the Community Government. Services Act. There is on-the-job training for Mr Johnson interjected. council staff, which amounts to $370,000 for Mr SPEAKER: Order! I warn the member the full year budget for 1994. There is financial for Gregory. It is becoming unbelievable in this support for the ACC to provide internal audits Chamber today. on the council. There is development of a model—— Ms WARNER: The reality is that Aboriginal people have been kept in a state of Mr Santoro interjected. dependence by successive National Party and Mr SPEAKER: Order! I warn the member Labor Party administrations throughout this for Clayfield under Standing Order 123A. century. It is not going to happen overnight Ms WARNER: There is the development that those people will accept their of a model of financial procedures, which will responsibility, but the reality is that the allow individual councils to develop their own department under the National Party regime specialised manuals. I provided accounting was trying to do the councils’ audits for them. standards in June 1991. A TAFE course has That is paternalism. been developed for council clerks. Those are Mr Stephan interjected. the appropriate mechanisms. Mr SPEAKER: Order! I warn the member Mr Littleproud: In 1991! for Gympie under Standing Order 123A. Ms WARNER: I will have a look at the Ms WARNER: That is not going to lead to report. I will make a full response to the report effective responsibility for the financial matters at a later stage. This issue has been a long- for councils. The reality is that we all want standing one. Issues of accountability have councils to be accountable. The issue is: how bedevilled Aboriginal councils since their is that result going to be achieved? The inception by the National Party in 1984. That members opposite singularly failed to do is a fact of life. anything for Aboriginal people during their Aboriginal and Islander Councils entire time in Government. At least we are getting some runs on the board. Mr LITTLEPROUD: The Minister for Family Services and Aboriginal and Islander Affairs was just heard to say that she PRIVILEGE organised a financial administration for the Minister for Family Services and Aboriginal councils in June 1991. The special Auditor- and Islander Affairs General’s report in May 1993 accuses the Legislative Assembly 6491 3 December 1993

Mr BORBIDGE (Surfers Paradise— the boating community in the gulf. The only Leader of the Opposition) (11.05 a.m.): I rise practical way to provide such a service in the on a matter of privilege. The Minister, in gulf is through volunteer organisations. These response to a question from the member for volunteer marine rescue organisations are Western Downs, has clearly contradicted a recognised as an integral part of the National report to this Parliament by the Auditor- Search and Rescue Plan and provides the General of May 1993—— necessary resources and trained personnel to Mr SPEAKER: Order! That is not a matter assist the State Search and Rescue Authority of privilege. and the Queensland Police Service in successful searches for and rescue of persons in distress. In view of the limited population of QUESTIONS WITHOUT NOTICE the gulf communities, these marine rescue Marine Rescue Units, Gulf of Carpentaria units will be established utilising existing State Emergency Service infrastructure. This Mr BREDHAUER: I ask the Deputy extension of local SES units will provide Premier: can he advise what progress is being members with the opportunity to extend their made on the development of volunteer skills into the marine field and will certainly marine rescue units in the Gulf of Carpentaria attract more members to the various units. by the Air Sea Rescue Association of Queensland in conjunction with the State I make the point that subsidy funding on Emergency Service units? a dollar-for-dollar basis up to $20,000 to purchase equipment to enhance their rescue Mr Elliott interjected. operations is available. In some ways that Mr SPEAKER: Order! I warn the member funding arrangement presently disadvantages for Cunningham under Standing Order 123A. some groups. Obviously, smaller communities Mr BURNS: I thank the honourable do not have the capacity to raise $20,000. I member for the question. Under the have asked the department to look at Commonwealth/State agreement for marine investigating changes to the funding search and rescue, the States are responsible arrangements so that we are not for ensuring that an efficient and effective discriminating against groups with smaller service is available for the boating community populations. I have also asked them to have a within each State. The Queensland look at the boat replacement policy. There is a Government has recognised this responsibility. subsidy under the boat replacement policy that can also be used to purchase a new boat Mr Lingard interjected. for this type of operation. Mr SPEAKER: Order! I warn the member I thank the honourable member for his for Beaudesert under Standing Order 123A. question. At the moment, there are very few Mr BURNS: In an attempt to ensure air sea rescue facilities available in the gulf. A continued development in the area of marine lot of people boat there. A lot more people search and rescue, we conducted a review of from places such as Karumba are going there volunteer marine rescue services in for fishing holidays. The danger of a major Queensland. One of the recommendations of marine problem in the area without rescue the review was to identify areas of facilities has been on our minds for some underservicing. The Gulf of Carpentaria was time. identified as an area in urgent need of a volunteer marine rescue service as there are only limited facilities and resources available Baby Safety Capsules with which to conduct marine search and Mr BREDHAUER: In directing a question rescue operations. Other aspects in the gulf to the Deputy Premier, I refer him to the which are of major concern are its vastness, Government’s Baby Safety Capsule Hire the large numbers of people involved in Program, and I ask him to outline the maritime activities, the peculiar nature of the availability of such safety capsules in rural and communications in the gulf, the potential for a regional areas. Further, I ask: does the major marine incident and the potential for Minister recommend the use of such enormous population growth in several capsules, especially in the light of the communities. approaching holiday season? This initiative by the Air Sea Rescue Mr BURNS: I thank the honourable Association of Queensland, in response to member for the question. With the holiday requests from the Queensland Emergency season approaching and when road safety Services, should result in an efficient, reliable should be on everyone’s minds, it is a good and highly trained marine rescue service for time of the year to be drawing attention to the 3 December 1993 6492 Legislative Assembly baby safety capsule hire service. That service Brisbane? Can he advise the House of the was started by my colleague the Minister for reasons for this decision, and what benefits Transport in 1990. In September last year, the are likely to accrue to Queensland as a result? service was handed over to the Queensland Mr HAMILL: Queensland business has Ambulance Service. That was done for a welcomed the announcement by the Deputy number of reasons. The most important Prime Minister of Papua New Guinea, Sir reason was that, instead of the hire capsules Julius Chan, when he was in Australia being available through 30 Transport recently, that Papa New Guinea will be moving Department offices, they are now available its trade commission from Sydney to Brisbane. through 180 ambulance stations right I believe that is a reflection of the very throughout the State. substantial trade that exists between this part Mr Hamill: A great move. of Australia and Papua New Guinea. Mr BURNS: It was. It was a good Furthermore, it is a recognition on the part of initiative, because it makes them more the Papua New Guinea Government of the available in rural areas. There are some very solid endeavours of the Queensland distinct advantages for people in hiring Government to forge even closer relationships capsules through their local ambulance with one of our closest neighbours. stations. I have heard some real horror stories The Importance of this move for about parents buying a capsule and installing Queensland should not be underestimated. it themselves incorrectly. One capsule was Already, Queensland counts for approximately discovered to be attached to the seat with a one-third of the billion-dollar trade that exists piece of wire. It was not even secured with a between Australia and Papua New Guinea. seat belt. If people hire capsules from the Much of that trade comes out of Queensland Ambulance Service, for a very small fee ports. It is also worth noting that in the period ambulance officers will install them and ensure between 1982 and 1992, Papua New Guinea that they are safe. Mistakes have been made moved from the thirteenth to the eighth by well-intentioned parents who buy a capsule largest export destination for merchandise out but overlook some minor details in the of Queensland. It is also a fact that north installation instructions. It is very dangerous if Queensland has a very close relationship with the capsule is not installed properly. Papua New Guinea in terms of trade, It costs $150 to buy a capsule, which is a involvement in education and in the sourcing fairly major slug for young families. The of services. That relationship is going to Ambulance Service offers a capsule for $30 become even stronger with the exciting for a six-month period, and after that it is economic developments that are taking place usually not required. As I said, a small fee is to our near north. attached for the expert fitting of the capsule, In recognition of the closeness of our plus a refundable deposit when the capsule is economic ties, Papua New Guinea has made returned in good condition. The capsule must this decision and, next year, a position within pass through safety and hygiene checks the Department of the Premier and Minister before it is hired out. for Economic and Trade Development will be Since the start of the scheme in 1990, established to focus on the economic relations hire capsules have been used to protect more with Papua New Guinea and Oceania. than 10 000 Queensland babies. During that Finally, Sir Julius Chan’s announcement time, no cases of serious injury to children in recognises the fact that Queensland is the capsules have been recorded. The hire gateway to the rest of Australia for Papua New scheme means that parents who are Guinea, and is certainly the gateway to Papua concerned about their baby’s safety do not New Guinea for the rest of Australia. have to suffer financially to help protect them on the roads. The extension of this hire service to country areas, such as the Queensland Economy member’s electorate, will make more capsules Mr BEATTIE: In directing my second available to people who live in those areas. question to the Minister for Transport, I note the comment by the Deputy Prime Minister of Thailand at the recent national trade and Papua New Guinea Trade Commission investment conference in Melbourne that Mr BEATTIE: I ask the Minister for Australia had a lot to offer Asia, and I ask: Transport: is it a fact that the Papua New how competitive is Australia and Queensland Guinea Government has decided to close its when compared with the rapidly expanding trade commission in Sydney and move it to economies in the Asia Pacific region? Legislative Assembly 6493 3 December 1993

Mr HAMILL: Last week, I had the expansion based upon value-added industry. pleasure to represent Queensland at that If Opposition members do not want to go international trade and investment outlook along with that, then they will be seen as the conference in Melbourne. I heard two economic troglodytes that they are. presentations, one of which was by Dr Supachai Panitchpakdi, who is the Deputy Prime Minister of Thailand. Dr Supachai made Nurses Registration Fees the point that Australia was a very valued Mr HORAN: I ask the Minister for Health: source of expertise and natural resources for why does the Goss Labor Government want the rest of Asia, and highlighted our to increase the annual nurses registration fees technology and expertise as being one of the from the lowest in Australia of $15 to the great trading opportunities within the region. In highest in Australia of $100. fact, his comments were backed up by Mr HAYWARD: I thank the honourable another of the key speakers who is a director member for the question because, again, it of McKinsey and company, Dr Kenichi Ohmae demonstrates his absolutely pathetic and from Japan, who highlighted what he called abysmal ignorance of the process involved in the richness of Australia’s IQ industries. the nurses registration fees. Let me say quite The value to our exports of services, simply that the Nursing Act was passed technology and expertise is growing rapidly. through this Parliament in November 1992. Approximately $15 billion worth of exports Following that, a decision was made to form a from Australia are now coming from that Queensland Nursing Council. For years, service sector, and that sector is growing in nurses in this State have wanted to have an value to Australia’s export performance in the independent council. They wanted to have order of $2 billion per annum. In Queensland, their own separate registration body that our local manufacturers and service industries registers nurses in Queensland. The decision are joining in the enormous export drive into was made that, as part of that independence, Asia in that rapidly expanding service sector. within a four-year period that organisation Indeed, one company, Toll Systems should become self-funding. There is nothing International, which won an award at the secret about that, because that matter was recent Queensland export awards, has won canvassed widely and supported as part of two major contracts in Indonesia. That is a the consultation process in the formulation of clear indication of how companies based in the Nursing Act. The Queensland Nursing Queensland can compete effectively on the Council met and dealt with these issues. international scene. Currently, the registration fee is $15. The A number of other factors are enhancing Nursing Council made the decision that, to run Queensland’s position as a base for exporters a nursing council in Queensland which is on into Asia. Queensland’s labour costs are 10 par with nurses’ professional and educational per cent below the national average. We have independence, it has to operate in that way. It high-quality telecommunications and other should be understood that the Queensland communications links to Asia. Very Nursing Council determines independently significantly, businesses that are wishing to what the registration fee should be for its own establish themselves in the Asia/Pacific region membership. It is not something imposed can look no further than coming to upon nurses by the Government. Queensland, as it offers a very cost-effective I understand that, currently, having made base. The figures on the cost of CBD rentals the decision that the fees should increase to illustrates that point. In Brisbane, the average $100, the council has implemented a rental is US$225 to US$314 per square metre. consultation process, and through that In Tokyo, rental costs US$2,009 per square consultation process, that matter will be metre; in Hong Kong, it costs US$784 per resolved. The previous situation was that two square metre; and in Taipei, US$516 per boards existed. According to the Queensland square metre. Nursing Council, the annual fee simply does Mr Johnson: Sit down! not cover the amount of expenditure and the issues that it wants to address as a council of Mr HAMILL: I can understand Opposition professional educated nurses in Queensland. members not appreciating the significance of those figures, because when they were in The council will assume the series of new Government, their attitude to export was to to functions included in the legislation. Those dig it up and ship it out, or get it out of the new functions include the expanded scope of paddock and not worry about it after that. nursing practice. And, of course, a new code Queensland is poised for enormous economic of conduct for nurses will have to be determined. Importantly, if the Queensland 3 December 1993 6494 Legislative Assembly

Nursing Council determines its own rate and coastal belt, up to Mossman. The carrier registration fee, the Opposition is asking that advises that this installation is one of its key the Government should somehow interfere far-northern facilities and when fully and tell it that that is not an appropriate fee. operational will process a large percentage of The point is that, if the Government interferes mobile traffic throughout the region by locals, and determines that that is not an appropriate business people, tourists and emergency fee, how will the Queensland Nursing Council organisations. operate? Are members opposite asking that The site has been inspected by regional every taxpayer in Queensland should make officers of both the Department of Lands and some contribution to running the professional Department of Environment and Heritage who and educational operations of nurses in this have reported that, as a result of its remote State? If so, that is an unreasonable location and rugged terrain, there would be no expectation. effect on the surrounding environment given Mr SPEAKER: Order! The time allotted the stringent conditions placed on construction for questions has expired. works by the Cairns City Council. All access to the site for construction and maintenance purposes will be carried out by helicopter, and REVOCATION OF ENVIRONMENTAL PARKS no approvals will be issued to provide ground Hon. G. N. SMITH (Townsville— Minister vehicular access to the site. for Lands) (11.21 a.m.): I move— It is proposed to offer the Australian and “(a) That this House agrees that the Overseas Telecommunications Corporation a proposals to revoke the reservation long-term special lease over the area of the and setting apart as Environmental installation in order to give it exclusive Park under the Land Act 1962 of— possession to protect its valuable (i) all that part of Environmental improvements. Leasing will also enable the Park R1746, parish of Cairns, State to collect revenue from the corporation now surveyed as Lot 160 on for usage of the area. plan NR7985, area 274 square The second proposal involves the metres, revocation of an area of approximately 1 (ii) all that part of Environmental hectare within one of the northern boundaries Park R1746, parish of Cairns, of the park adjacent to Behan Street at described as an area of Stratford. With the object of improving the 1 hectare on Mulgrave Shire water supply in and around the Stratford Council Drawing Number 7874, locality, the Mulgrave Shire Council, with the concurrence of the Cairns City Council, sought be carried out, and the assistance of the Government in making (b) That Mr Speaker convey a copy of this land available from the environmental park for resolution to the Minister for submission reservoir purposes. Council proposed to utilise to Her Excellency the Governor in the area in conjunction with adjoining freehold Council.” land which it is negotiating to acquire. This proposal makes provision for the Council engineers looked at several sites revocation of two small areas from the Mount in the general locality and concluded that the Whitfield Environmental Park reserve R1746 area now proposed for revocation was the on the north-western outskirts of Cairns. preferred site. It has existing access, would Careful consideration has been given to both require limited earthworks and little of the proposals and detailed consultation has environmental impact would be evident. occurred with affected agencies, including Regional officers of the Department of Lands both the Cairns City Council, the trustee of the and the Department of Environment and environmental park, and the Mulgrave Shire Heritage have also considered all aspects of Council. this proposal. Given that the Mulgrave Shire The first proposal involves the revocation Council has agreed to comply with certain of a site on Lumley Hill containing an area of requirements imposed by the Department of 274 square metres on which cellular mobile Environment and Heritage, including telephone facilities can be established by minimising the visual impact by revegetation Australian and Overseas Telecommunications of the batters and planting of specific trees as Corporation. This site was selected as being a food source for cassowaries, local officers the most suitable in the district due to its felt the public interest would not be adversely situation and elevation and its ability to service affected by the excision of a small area for vast areas north of Cairns, including the such a much needed public facility. The area Legislative Assembly 6495 3 December 1993 when excised from the park will be set apart not be built entirely on freehold land adjacent under the provisions of the Land Act as a to the park? reserve for water supply purposes with the My inquiries revealed that there was a Mulgrave Shire Council being appointed definite need for that. Primarily because of the trustee. height required to make the reservoir operate In recognising the need to balance appropriately, it was necessary to acquire a community and environmental interests, the small portion of the Mount Whitfield Department of Lands has been able to Environmental Park. But some freehold land is identify an area of vacant land adjacent to the also being acquired for this purpose. Those park in the Behan Street locality, which has land-holders have been very cooperative in similar environmental and topographical their negotiations with the council because features as the reservoir site, for addition to they, too, recognise the need to construct that the park to offset the losses. It has been reservoir. approved that this area of land, which totals Another of my questions to the council approximately 3.98 hectares, be added to the was: what will be the impact of building the environmental park which, when all actions are reservoir, both visually and ecologically? formalised, will see a net gain in the area of Again, I have been reassured from my the park of over two and a half hectares. discussions with council officers that all that is There can be no doubt that these actions necessary will be done to revegetate the are in the best long-term interests to the batters that will have to be cut to bench the people of and visitors to the Cairns district and hillside so that we can construct the reservoir. I that environmental interests will not be was also reassured by what the Minister adversely affected as the Government is said—and I was aware of it—that is, there will making additional land available to offset the be two positive benefits to fauna in that area. losses. I strongly support each of the Firstly, we will be planting some food trees for proposals and commend them for the cassowaries and, secondly, a watering source approval of the House. for wildlife will also be provided in that area. Dr CLARK (Barron River) (11.26 a.m.): I Members might be surprised to learn that that second the Minister’s motion. There can be no part of Mount Whitfield does get very dry. doubt at all that the proposals before the I understand that we might also be able House not only maintain the environmental to use the water supply for fighting fires which, integrity of the Mount Whitfield Environmental unfortunately, occur with frequency on that Park but also recognise the community needs part of the Mount Whitfield Environmental of Cairns and its surrounding districts. Park. The fauna that we are particularly Honourable members will all agree that we are hoping to support by these measures are the daily becoming more and more dependent on cassowaries. About eight cassowaries have advanced community facilities, and particularly been sighted in the Mount Whitfield mobile phones. I think members who have Environmental Park. As members know, mobile phones can appreciate their value. cassowaries do require a large habitat and we There is also the issue of the locality’s need to be careful that we do not do anything growing residential and tourism population to unwittingly either decrease their habitat or in and the resulting need to improve some way jeopardise it so as to have an infrastructure, particularly water supplies. In impact on them. this regard, we are providing today an I would like to take the opportunity to opportunity for the Mulgrave Shire Council, commend the work of Keith and Lindsay which takes its responsibilities in this area very Fisher who have been active in increasing seriously, to proceed with the construction of a public awareness of the cassowaries there reservoir to meet the needs of the area. and also about what is necessary to protect In providing the land for the their habitat. They have been involved in improvements to telecommunications and the forming a special interest group. They have water supply, all of the agencies involved have also organised public displays and workshops. recognised the need to protect the Those people have helped to conduct surveys environmental interest of the Mount Whitfield of sightings of cassowaries in the area. Environmental Park. On learning of this Through their efforts, much more has been proposal, my first questions to council officers done to increase the awareness of were: why does this have to be built; why are cassowaries in the area. In fact, as a result of we required to excise a portion of the Mount their work and their cooperation with the Whitfield Environmental Park; and why can it CSIRO, a survey was undertaken of the Mount Whitfield Environmental Park, which 3 December 1993 6496 Legislative Assembly revealed quite a number of unexpected finds will be very pleased to see that it is finally with respect to fauna. The spotted quoll was receiving approval. discovered in the area—an animal that I Dr Clark: Tom Pyne called me the other certainly would have never expected to be day and said, “How is it going?” I was pleased found there—and striped possums have also to be able to say that it is coming onto the been located. There is certainly an important notice paper. fauna reserve to be protected in the area. Mr HOBBS: That is good. I wonder how I am very pleased that, as a result of the many other similar applications are awaiting negotiations of the Minister, we will be approval. Because of the complications offsetting this loss with an additional 2.5 caused by the High Court’s Mabo decision, hectares. That was my third question to the many applications similar to this have been Minister. I appreciated his consulting me and delayed. We should try to move those seeking my views on this matter. My comment applications through the system promptly. The was, “That is fine with me, as long as there will delays that have occurred affect the corporate be some way of offsetting the loss.” I am sector, and they certainly reflect badly on the pleased to note that it is being offset more Government. It does not bode well when than amply by an additional 2.5 hectares. companies are delayed in their attempts to Since my election to this place, I have been at obtain approval for applications for titles or pains to try to extend the area of the Mount other matters. This revocation presents an Whitfield Environmental Park. It is such an excellent opportunity for the Australian and important area. It is located on the back door Overseas Telecommunications Corporation to of Cairns. As a habitat, one could say that it is utilise a site that is on Government land. I am quite isolated, because it is not readily sure that many people will benefit from that connected to some of the other rainforest in development. the Cairns area. We need to manage the park as wisely as we can. The second proposal involves an area within one of the northern boundaries of the When we are considering—as we no park adjacent to Behan Street. What doubt will in the future—whether the arrangements are proposed with the council in boundaries of the World Heritage area should question? I presume that it will be given be changed, I will certainly support an a freehold title over that land. I ask the Minister extension of the boundaries of the World to explain the proposed arrangements, and Heritage area to include the Mount Whitfield what price, if any, the council will pay for that Environmental Park. Until that time, it is being land. well managed. I know that the adjoining local authorities have policies to ensure that hillside In his speech, the Minister mentioned development in that area has as minimal an that the site to be used by the council will be impact as possible on the environmental park. covered with vegetation around the edges so In the Brinsmead area, with the parkland that the water storage area will not be areas that have been set aside, the council is unsightly. That is a sensible move. When I attempting to provide a wildlife corridor from visited Japan, I toured a coal loading depot. the Mount Whitfield Range through the On driving past that facility, one would have Freshwater Valley and into other rainforest thought that it was a football stadium, areas of the Lamb Range. Through a wide because trees and lawns had been cultivated. variety of mechanisms, endeavours are being However, one soon discovered that inside the made to ensure that those important boundaries of the facility was a just heap of rainforest habitats are protected and well coal. Many unsightly reservoirs and other managed. facilities can be disguised with a little imagination. I am sure that the public would I welcome the opportunity to support the appreciate the provision of such vegetation, Minister in this revocation, and I certainly have and I am sure it is understood that sometimes no hesitation in doing so. we have to use sensitive areas for that Mr HOBBS (Warrego) (11.32 a.m.): The purpose. The Opposition offers its support for Opposition has no problem with this this revocation. revocation. We believe that it is an important Hon. G. N. SMITH (Townsville— Minister measure for the district and for Queensland. I for Lands) (11.36 a.m.), in reply: I thank the am aware that this application has been member for Barron River for her support. The before the Department of Lands for some fact that she has very well-known time. We are pleased that it has finally environmental credentials gives me great reached the approval stage. I am sure that comfort. Having her support for this revocation the Chairman of the Mulgrave Shire Council assures me that we are not taking a step that Legislative Assembly 6497 3 December 1993 we might regret at a later stage. Although all this resolution to the Minister for of us would like to leave some of these areas submission to Her Excellency the in their present pristine state, the fact is that in Governor in Council.” modern society we have little choice but to Mr J. H. SULLIVAN (Caboolture) (11.39 provide communication links and water services. Unfortunately, sometimes we have to a.m.): It gives me great pleasure to second compromise. However, in this case, I believe the motion moved by the Minister for that a sensible compromise has been Environment and Heritage. Although I usually reached, and I am satisfied with it. would not want to second motions for the revocation of national park areas, it is quite I thank the Opposition spokesman for his clear—as will be made clear also by my support of this revocation. Obviously, the colleagues the member for Barron River and Government of the day has to make these the member for Cook—that the revocation of decisions, and the member recognised that both of those areas is necessary and fact. I want to respond to one issue that he warranted. I will confine my comments to the raised. Because this is a long-standing revocation of the second of those two areas, application, we will make the land to be used that is, the 183 square metres that is being by the council available as a reserve for water revoked from the Mount Coolum National supply purposes. The council will be trustee for Park, which covers 62.7 hectares. Initially, it the land. In future dealings that are not covered 60.4. It was formed by the already in place, such an area would be amalgamation and gazettal in 1990 of a regarded as operational land, and the council would be required to pay for it by way of previous recreation reserve and a quarry special lease. However, in this instance, it will reserve on that significant Sunshine Coast be made available at no cost to the council, landmark. which will act as trustee. I thank members for The area conserves more than 50 per their support, and I commend the revocation cent of the recorded vascular plant species on to the House. the Sunshine Coast. In all, it contains some Motion agreed to. 600 plant species. The montane heathlands are of particularly high conservation value and contain two endemic plant species which, for REVOCATION OF NATIONAL PARKS the record, I will name as bertya sharpeana Hon. M. J. ROBSON (Springwood— and allocasuarina thalassoscopica. The area Minister for Environment and Heritage) contains one further species, lepidosperma (11.38 a.m.): I move— quadrangulatum, which occurs in Queensland only at that location. While I am talking about “(a) That this House agrees that the proposal by the Governor in Council quadrangulatum, I bring to the notice of to revoke the setting apart and members the very good work of the regional declaration as National Park under director of the Department of Lands in the the National Parks and Wildlife Act Sunshine Coast region, Mr John Hall, who, 1975 of— when the park was proposed, renegotiated an adjoining lease to make sure that a significant (i) all those parts of National Park portion of that species would be included in 226, County of Nares, described the park. His work in that area is a as area A-8-3-A on Plan demonstration that the environmental DP855874 and area 2-8-6-2 on credentials of the Government extend well Plan DP855880 held by the beyond the Department of Environment and Department of Lands, Brisbane Heritage, and rightly so. and containing in total an area of 1.0886 hectares, and The park is also at the limit of the area of occurrence of a number of species that occur (ii) that part of National Park 2762, in Queensland. Within Mount Coolum are the County of Canning, described four types of forest that are usually found in a as area 3-4-10-9-3 on Plan whole range, which is significant given that DP856000 held by the Mount Coolum is an isolated volcanic dome. It Department of Lands, Brisbane is also an important conservation area for the and containing an area of 183 peregrine falcon. It is one of two conservation square metres, areas on the Sunshine Coast for the peregrine be carried out, and falcon, which is known as being vulnerable to (b) That Mr Speaker convey a copy of extinction in Australia. The 60-plus hectares of the Mount Coolum National Park have a conservation significance that is possibly 3 December 1993 6498 Legislative Assembly greater than that of any comparable area in Obviously, those occurrences have Queensland. extinguished any conservation values that the In December 1985, the Maroochy area may have had. The owner cannot sell Corporation floated a proposal to build a the property until he has title to that land on chairlift to the top of Mount Coolum and to which the house is built. My understanding is build a mountain-top restaurant. One can that he will pay market value for the area to be understand the attraction of that. The top of excised from the national park today. I have Mount Coolum provides wonderful vistas of heard that not only are we excising 183 the Sunshine Coast. However, the outcry on square metres but also the action that will be the Sunshine Coast led to the subsequent taken will include adding seven hectares to establishment of the Save Mount Coolum the national park. That is an indication that the organisation. That organisation brought my Goss Labor Government is committed to the friend and our former colleague as member development of national parks on the for Cooroora, Ray Barber, to local prominence. Sunshine Coast, in contrast to the actions of He cut his public teeth on the Mount Coolum the representatives of that area. issue. In this instance of revocation of part of Mr McElligott interjected. the Mount Coolum National Park, as in the instance of Bartle Frere National Park—which I Mr J. H. SULLIVAN: No. By 1989, the expect will be covered in more detail by the Maroochy Shire Council had relented on its north Queensland members who will follow me earlier approval of the proposal, and Lands in the debate—I am happy to support the Minister Glasson, who had earlier ruled out Minister in the revocation. It is warranted. I environmental park status, agreed with the support the passage of the motion. Save Mount Coolum committee that national park status should be conferred. Given Ray Mr SLACK (Burnett) (11.46 a.m.): The Barber’s pivotal role in the establishment of Opposition supports the motion. We have no the Mount Coolum National Park, it is fitting problem with it. We understand that, when that gazettal of that park occurred during his there is encroachment on national park land term in office. Members would be aware that by farmers or other landowners that is not the Hyatt Coolum resort nestles in the foothills done with any malicious intent, adjustments of Mount Coolum. should be made. In this case, such an adjustment is being made. We understand, Mr Beattie: He’s been to the top. too, that when circumstances arise in which Mr J. H. SULLIVAN: I am sure that the land-holders have a type of land that is not member for Thuringowa took the opportunity overly represented in a national park, of a conference at that resort to make the exchanges can be made with other land that climb to the top. I follow less strenuous is superfluous within the national park. In the pursuits. case of the Mount Coolum National Park, we Mr Beattie: Name them. understand such circumstances exist. The Opposition does not have any problem with Mr J. H. SULLIVAN: I shall not. The the motion. circumstances of the motion for the revocation before the Parliament today are, as I However, I wonder why four members are understand them, somewhat unusual. In listed to speak to the motion. It is a fairly 1976, a house was built as part of a simple motion. I wonder whether there is subdivision at the bottom of Mount Coolum. some sensitivity—— That house was built encroaching what was Mr Ardill: It has to be explained, though, then a recreation reserve given by the surely. developer as part of its park contribution to Mr SLACK: Certainly it must be that subdivision. The current owner of the explained, but four members to explain a house purchased that house in 1980. simple matter seems overrepresentative. I Subsequently, in 1990, the recreation reserve wonder whether there is some sensitivity by and quarry reserve became national park. the Government about any revocations of part When the owner sought to sell the house, he of national parks. There may be some had it surveyed and discovered that there had sensitivity because, not very long ago, 60 been an encroachment. I understand that part hectares were revoked from the Dryander of one of the bedrooms, the garage and the National Park. The Opposition opposed that driveway to that house are on what is revocation. That motion was completely considered at this stage to be national park different from the motion before the House and the subject of the revocation. today. Because of those types of actions, this morning when the Minister answered a Legislative Assembly 6499 3 December 1993 question, she showed some sensitivity in The member for Caboolture talked of the respect of the Government’s handling of the Mount Coolum National Park. I might just national park estate. make brief mention of the Bellenden Ker park There is no doubt that, under this from which the second revocation is proposed. Government, the national park estate has That particular national park, the Bartle Frere increased. However, the national park estate National Park, is located near Babinda, would have increased also under a National between Innisfail and Cairns, in the Wet Party Government. Before the election in Tropics region. It is, in fact, in the electorate of 1989, we made commitments to increasing the member for Mulgrave. I do not normally the national park estate, as did this speak on matters that relate to that member’s Government. Then the Government revoked electorate, but on this occasion I have his from the Dryander National park 60 hectares blessing. of land, which was not well represented, to The owners of the adjacent properties, as give to a Japanese developer to build a golf has been made clear, have accidentally course. That matter is entirely different from encroached on the national park when the motion before the House today. The clearing areas for their homes, so it is Opposition strenuously opposed that motion, proposed to revoke those particular cleared and we expected the Government to oppose areas from the national park. All honourable it. Instead, the Government okayed and members know that is a very sensible thing to facilitated the revocation. do. However, to offset those proposed Since that revocation motion was passed, revocations, the adjoining land owners have allegations have been made in the media of agreed to exchange areas of rainforested land that company making application for a marina that are in fact larger in size than the areas to be built on the coast adjacent to land that proposed for revocation and amalgamate that the company owns. I understand that that land with the existing national park. The land marina was not in the original submission, owners will bear all the costs associated with following which the Government entered into that exchange. That is similar to the situation I arrangements for the revocation of 60 was talking about earlier this morning with hectares from the Dryander National Park. I respect to the Mount Whitfield Environmental understand that, when that development was Park. That park actually received a net benefit. proposed by the developing company, the I am very pleased to say that we would marina was not put in the advertised actually be gaining some 6 807 square metres development proposals. I ask the Minister to from this initiative. explain to the House what the situation is with I think it is important to take this that marina development. Was she aware of opportunity to remind members of the the proposals for a marina to be put—— significance of the Mount Bartle Frere National Ms Robson interjected. Park. I remind members that in fact this is the national park that contains Queensland’s Mr SLACK: We are talking about national highest peak. The park is most interesting park revocations. The Minister has the perfect because of the different rainforest types that opportunity now to explain to the people of one can experience with a change in altitude, Queensland just what the current situation is which goes from the complex mesophyll in the Dryander National Park, where 60 rainforest on the lower slopes right through to hectares were revoked. I understand there the cloud rainforest at the top, where it is was much opposition to that revocation. The almost a heath land type situation with a very Minster now has every opportunity to explain low canopy. There is a very different rainforest it, and I would appreciate her explaining it. experience at the top. In common with the The Opposition has much pleasure in member for Caboolture, these days I do not supporting the motion before the House. tend to be so energetic as to go on excursions Dr CLARK (Barron River) (11.50 a.m.): I to mountain tops. have great pleasure in supporting the Mr Beattie: Come on. Why not? You’re revocations before the House today, because not anywhere near as fat as he is. they are indeed consistent with the Dr CLARK: I do not believe that my level department’s policy of revocations, namely, no of health would enable me to enjoy that loss to the environmental integrity of the park particular experience. I do regret that. I must or, preferably, a net benefit. Unlike the say that I have often visited Josephine Falls, member opposite, I do not intend to revisit the which is within the Mount Bartle Frere National Dryander National Park debate, but merely re- Park. That is certainly a very enjoyable enforce that that principle was adhered to in experience, particularly during the hotter that case, too. 3 December 1993 6500 Legislative Assembly months. There is no doubt in my mind that that they made in 1989 during those last this revocation will not have any measurable desperate days of National Party Government. impact whatsoever on that national park. I can remember the list of 200-odd I would like to conclude by commending projects that were going to be built—199 of the Minister for her handling of her portfolio. I them in National Party electorates, none for think there was some feeling that she had a the Liberals and only one in a Labor hard act to follow, with the previous Minister, electorate. Of the 200 projects that were Pat Comben, being known for his intimate promised, only one of them was outside a knowledge of fauna and flora and, as all National Party electorate. The Nationals also members know, being such a keen promised something like $25m for a remote birdwatcher. There is no doubt that the current area incentive scheme for teachers. If one Minister has more than adequately filled his were to tally up all the promises, the shoes and is doing an excellent job in her Government would still be trying to pay for portfolio. them now. I think the member has a bit of a As the Minister said in question time this hide. In an exercise of one-upmanship that morning, there have been some very the Nationals were engaged in at that significant increases in our national park particular time, anything we promised, they estate. In fact, since December 1989, the promised one better. When we said that we Government has purchased 2.2 million would double the national park estate to 4 per hectares for national park purposes—about cent, they said, “Well, we will make it 5 per 12 000 hectares a week every week for three cent”. It became a bit like a Dutch auction. I and a half years—costing us some $32.5m. was actually glad when the election eventually That is a very clear indication of our came around because everything that was commitment to the national park estate. I happening was escalating in the heat and the think the figures that the Minister cited in desperation of their final days in Government. question time this morning bear repeating. These two revocations are fairly sensible The percentage of ecosystems represented in revocations. From time to time, people do Queensland national parks has increased encroach on national park boundaries. It is from 44 per cent to 63 per cent. I think that probably relatively simple, in a case such as those figures speak for themselves about the Coolum National Park, to make a what is being achieved in Queensland with determination about the location of the regard to our national park estate. I commend boundaries of the park. If members have had the Minister for that, and I support the some of the experiences that I have had with revocations before the House. national parks in an electorate such as the Mr BREDHAUER (Cook) (11.55 a.m.): I Cook electorate, which covers an area of am going to be very brief because I think it is something like 310 000 square kilometres and a pretty straightforward amendment. I just has many very large national parks, I am sure take issue a little bit with the member for that, like me, they would be flat out finding the Burnett who, during his contribution on the boundary of their electorate, let alone revocation that is proposed today, claimed whereabouts the national parks might occur that whatever this Labor Government has within it. done for the environment, the National Party It is quite conceivable that from time to would have done, and done better. Over a time people could accidentally encroach on period of 32 years, I think we had a pretty national parks. I also feel that from time to good snapshot, if you like, of the National time some people encroach on them not so Party’s track record on the environment. accidentally. Mr Beattie: Vandalism. Mr Littleproud interjected. Mr BREDHAUER: It was indeed Mr BREDHAUER: The member is right; environmental vandalism. The National Party some of them are not standing. I am told that had that reputation not only in Queensland these incursions are quite coincidental. There but also nationally and internationally. I think is no point in persevering with having them the member has a bit of a hide to stand up in within the national park estate if there is no this place and, from his ivory tower on the environmental or conservation benefit, so it is front bench of the Opposition, criticise this sensible for the Government to make these Government and suggest that the National revocations. Party Government would have done it better. I make a quick reference to an article that In particular, I think members opposite have a appeared in the Port Douglas & Mossman hide making references to election promises Gazette on Thursday, 2 December, which reports on comments made by National Party Legislative Assembly 6501 3 December 1993

Senator Bill O’Chee. He was referring to speech. I knew that the member was well landowners in the Douglas Shire who are prepared, and I was testing him to see how involved in a proposal for a forestry scheme to good he is. I thank all contributors to the provide timber resources in the future. The debate for their contributions. Clearly, they scheme is being supported by the three levels understood what the motion is all about. As of government. The local authorities in the the shadow Minister said, this revocation does area have been pushing it, particularly the not create an enormous dilemma. It will clean Douglas Shire Chairperson, Mike Berwick, and up a problem which arose when the previous the State and Federal Governments have Government was in power. We all accept that supported it. This week, Bill O’Chee suggested such things happen. that landowners in the Douglas Shire and I believe that the circumstances other areas whose land adjoins World surrounding revocations are never taken lightly Heritage listed areas should be allowed to by anybody, and this Government certainly convert their existing titles to a new forestry does not take them lightly. There will always freehold title, which would restrict them to be instances of boundaries being a bit wonky timber and associated uses. I do not know and there will also be a need for someone to where Senator O’Chee has been for the last come along and tidy them up so that four years. everybody knows where the boundaries are. Mr Beattie: Overseas. The land exchange that has been negotiated Mr BREDHAUER: I understand that he in one case has been proposed so that the has spent a lot of time overseas. The Lands national park will be increased. That is a gain Department has spent a lot of time and to conservation that all people would allocated a lot of resources to try to rationalise welcome. A financial settlement is attached to and modernise the land titles system. This that arrangement to bring the values up to Government inherited an archaic titles system equal standing. The second revocation has no from the previous Government and has put a notable conservation value. It is a very small lot of effort into updating it. I believe it would settlement and is therefore not one that is out unnecessarily complicate matters for the of step with this Government’s general senator to suggest that this Government direction, as members pointed out during the should actually be introducing new types of debate. land titles according to the specific use of I thank the member for Caboolture for his land. incisive and comprehensive comments. He Many honourable members opposite own was the first speaker in the debate and was all land or have land in their electorates that is lined up to congratulate me for the things I used for a wide diversity of purposes. I am was to say in my speech, but he did not get sure that they can appreciate the absurdity of the opportunity. However, I appreciate the the suggestion that a specific type of land title thought. should be devised for a particular land use. I thank the member for Barron River very For example, in the Lockyer electorate, one much for her comprehensive summary and for might have onion leasehold, or sweet the unsolicited compliments that she paid me potato/pastoral leasehold in some other part and my department. The honourable member of the electorate, or senator’s has certainly been a very staunch advocate pumpkin/pastoral, perhaps. I believe that the for the environment. As all other honourable senator has also claimed that specific land members would be aware, four years ago the use title would help to control feral pigs and member for Barron River was elected to this generally manage the Wet Tropics Area. I do Parliament on an environmental platform, and not know what cloud he was on when he she has continued to very strongly represent made that statement, but I do not think it was her electorate and bring to my attention issues a particularly helpful one. that are relevant to the whole northern region, I thank the Minister for the succinct way in particularly in relation to conservation and the which she introduced the motion. I look environment. forward to her comprehensive summary. I I again thank the member for Cook for have not used any of my speech notes, so accurately placing a perspective on the she will not be plagiarising me. rationale underlying these revocations. I thank Hon. M. J. ROBSON (Springwood— him also for his comments about the reality of Minister for Environment and Heritage) political activity. I should inform the House that (12.03 p.m.), in reply: I thank the member for the revocations have been endorsed by the Cook for reminding me of my inadequacy. I Director of the National Parks and Wildlife apologise for the fact that I did not read a full Service. For all practical purposes, I strongly 3 December 1993 6502 Legislative Assembly support these proposals, and commend them Ms WARNER: He goes on to state that to the House for approval. consideration could be given to amending the Motion agreed to. legislation to expressly cover changed accountability or duties. I will consider that. Mr Littleproud interjected. MINISTERIAL STATEMENT Mr DEPUTY SPEAKER: Order! Ministerial Parliamentary Committee of Public statements will be heard in silence. Accounts Report on the Financial Administration of Aboriginal and Island Ms WARNER: It is incomprehensible to Councils conclude that I or my director-general should have been complying with an implied duty that Hon. A. M. WARNER (South is based on the Crown Solicitor’s expectation, Brisbane—Minister for Family Services and of which I heard on 9 November. I reiterate Aboriginal and Islander Affairs) (12.06 p.m.), that I have done what is required by the by leave: Today, the Public Accounts legislation, as has my director-general. As the Committee, in its third report on Aboriginal and PAC report states— Islander councils, made a number of suggestions regarding the financial “The Councils and Local Authorities administration of Aboriginal and Islander rather than branches of the Department councils. Let me say that there are no easy and therefore the Director-General does solutions to the problems faced by Aboriginal not have any responsibility for the and Islander communities. financial administration of the Councils in terms of the Financial Administration and While the committee is well-meaning and Audit Act 1977. The elected Councils are is probably seeking to address issues of bodies corporate and thus are financial accountability, there has been a responsible for their own financial failure by it to appreciate the complexity of the administration.” range of issues involved. Indeed, these complex issues have been grappled with for Under the Community Services many years by successive Governments. As (Aborigines) Act and the Community Services this report and previous PAC reports have (Torres Strait) Act, councils are audited acknowledged, this problem has emerged annually by the Auditor-General. This involves because of a combination of historical, total revenue and expenditure of all councils. cultural, economic, social and geographic The audit reports are forwarded to me only in factors. cases where there is a concern. Honourable members should remember that not all The committee criticises me and the councils receive qualified audits. I, in turn, director-general for failing to discharge a duty pass those audit reports to the director- under sections 82 and 83 of the relevant Act. general for the appropriate action to be taken. Let us look at those sections, because the Contrary to what appears in the report, the committee has misread them. Those sections director-general has never suggested that do not impose a duty; rather, they are simply audit reports were received directly from the enabling sections that authorise me to provide Auditor-General by the Division of Aboriginal financial aid to councils. This is what I have and Islander Affairs. Under the Act, they come done. to me first. That is the process laid down by Mr FitzGerald interjected. the legislation. Mr DEPUTY SPEAKER (Mr Palaszczuk): In its report, the committee Order! acknowledged that a number of steps to Ms WARNER: The PAC report states improve the standard of accountability have that, based on an opinion from the Crown been taken. In June 1991, I issued Solicitor, neither I nor the director-general had accounting standards for councils. This sets fully met the duties expected of us under the overall accounting standards for all those sections. The Crown Solicitor’s advice Aboriginal and Islander councils and requires says that the Act is silent as to the extent of the ultimate achievement of a very high level financial accountability or duties. However, the of accountability. I have provided assistance Crown Solicitor goes on to say that he would to councils, on request, to overcome any expect that inquiries would have been made administrative problems that they may be about those grants. But the fact is that the experiencing. I have encouraged councils to legislation does not reflect his expectation. comply with the financial provisions of the community services Acts. A program to Mr FitzGerald interjected. provide on-the-job training for council staff will Mr DEPUTY SPEAKER: Order! be introduced in early 1994 with a full-year Legislative Assembly 6503 3 December 1993 budget of $370,000. I have provided financial to do it for them, however well meaning we support to the Aboriginal Co-ordinating Council may be. to start implementing an internal audit service, which I recognise will require expansion and financial support. A model financial SOUTH BANK CORPORATION AMENDMENT procedures manual, which will allow individual BILL councils to develop their own specialised Second Reading manuals to suit local needs, has been Debate resumed from 10 November (see developed. The department has been working p. 5552). with the Aboriginal Co-ordinating Council on the development of specialised local manuals. Mr FITZGERALD (Lockyer) (12.14 p.m.): In the absence of the Leader of the Monitoring of financial accountability has Opposition, who is at an important function, I always been a major priority. As the 1991 PAC shall use his speech notes to reply on behalf report recommended, the objectives of proper of the Opposition. The changes made to the accountability could only be achieved through original South Bank Act by this Labor long-term restructuring of the governing Government epitomise the stark differences authorities of Aboriginal communities. The between National/Liberal policy on the one current report reinforces that view. We will hand and Labor’s policy on the other. In this continue to work actively towards this. instance it is this: State control as opposed to It is fair to say that Aboriginal and private enterprise control and unionised labour Islander communities have been investigated force as opposed to individual choice. up hill and down dale by a series of The original South Bank Corporation Act commissions, committees and inquiries, all of introduced by the National Party Government which have struggled with these issues. It is contained a sunset clause. Its purpose was to no secret that the conditions which prevail on “provide a statutory mechanism to enable Aboriginal communities are, frankly, redevelopment of the South Bank lands used unacceptable in a modern and democratic for Expo 88 as part of South Brisbane and society. A major and recurrent theme of West End areas.” We believe the original Act concern is the expenditure of funds for the was the correct way to go and reflected what provision of services. the people of Queensland wanted. This Labor Let me put it in context. We all want to Government extended the corporation’s see improved standards of financial charter from steering and completing the accountability, so that Aboriginal and Islander redevelopment to a continuing existence as a people may obtain value for money. This must property manager capable of undertaking a be achieved by Aboriginal and Islander whole host of functions. As well, the land councils accepting their responsibility in tenure was changed from freehold to financial accounting as independently leasehold, and provision was made for the incorporated bodies. It is simply not good payment of surplus corporation funds to enough to continue to do their accounts for consolidated revenue. With respect to the them—as was done in the past. That point latter, this effectively means the payment of a was significantly stressed by the last two PAC dividend to the Government having regard to reports, and it is the policy direction which its equity in the project. provides the only effective long-term answer to In 1991, the Opposition opposed the the issues of accountability. Labor Government’s amendments to this As I have said on many occasions, the legislation on the grounds that it changed the age of offensive paternalism is over, but the central purpose of the original Act. While the road to self-management will be long and Opposition remains opposed to the hard. However much I might desire a quick fundamental changes made in 1991 and the and easy solution, we cannot redress decades underlying philosophy of the amended Act, we of dependence in a few years. I intend to give qualified support to the Bill before the continue to redress this dependency by House. Without equivocation, we believe that insisting that councils take full responsibility for a private-enterprise body should manage the their accounting procedures with support and new commercial developments and the advice, but not intervention. That has been Convention and Exhibition Centre. tried before, and it has not worked. The only I note from the annual report of the way that Aboriginal people will be able to South Bank Corporation that it is expected struggle out of the era of dependence and that, by the end of this year, eight million oppression is if they take full responsibility for visitors will have visited the South Bank their own lives. We cannot, and should not, try parklands. We are pleased to see Australians 3 December 1993 6504 Legislative Assembly and international visitors returning to South because of the financial pressures imposed Bank to enjoy the surroundings and, maybe, during the South Bank redevelopment. These to recapture the memories of Expo—one of subcontractors—in the spirit of Expo— Queensland’s great successes this century. sweated, toiled and financially extended It must be placed on record here that the themselves to meet the Labor Government’s present Premier and his party were never politically selected opening day. They had to supporters of Expo 88. The then Opposition contend with hundreds of design variations and the Australian Labor Party thought it and project acceleration difficulties. When they would be a flop. Acting on that advice, their queried the extra costs involved, they were colleagues in Government in the other States invariably told words to the effect, “Don’t worry, were reluctant to participate in Expo. They this is a Government project.” It is fair to say were shamed into participating after they saw that not one subcontractor would have the prestigious list of nationalities attending believed the Government would have dudded and establishing pavilions. him. But that is precisely what happened. The anti-Queensland stand regarding Information is to hand that at least five Expo and the Queensland economy taken by subcontractors incurred losses totalling about the Queensland branch of the Australian $1m. The reward for their initiative from this Labor Party and by Labor members still in the Labor Government was brutal. The Premier House today shall never be forgotten. It and the Deputy Premier did not want to know epitomises their lack of vision, their lack of about them. They did not want to talk to them. entrepreneurial flair and their inability to get up It was the contractors’ problem or the and have a go. Expo was a magnificent box corporation’s problem, but never the office hit, and it certainly would never have Government’s problem. The Labor happened under a Labor Government. This Government did a Pontius Pilate; it virtually Labor Government would not have had the flogged them and then washed its hands of boldness and the flair to grab the initiative. them. The Premier said, “Taxpayers should However, in the wake of the Expo success, not be held responsible for failed commercial this Labor administration could not resist the projects generated by private entrepreneurs.” urge to exploit the South Bank parklands site The House will recall that the extent of by using it for blatant political purposes. unhappiness was such that one subcontractor went as far as having workmen commence The corporation and, in turn, the dismantling the roof of the main attraction, the contractor and the subcontractors were Gondwana Rainforest Sanctuary, and then pressurised into getting South Bank into a followed court action. Mr Justice Thomas state of readiness for the opening on 20 June described the court action over the $73,500 1992—just three months before a State debt as “Gilbertian”. The police, the security election. The subcontractors included block guards, the South Bank management, the layers, tilers, plumbers, civil engineers, builders and the workers’ industrial unions, landscapers, concreters, painters and which managed to black-ban the site for a builders—all genuine small-business people. whole day, were involved in that unfortunate Labor Government Ministers had a great time incident. swanning around the development. Everyone involved gave it their all because that was a Mr De Lacy: Two commercial groups; prestigious job. It was a Government nothing to do with Government showpiece that subcontractors were proud to Mr FITZGERALD: As I said before, the be working on. Treasurer says, “It is not the Government’s However, no sooner were many of the problem.” subcontractors on site than they realised that The ruthless side of this Labor the planning process was inadequate. There Government is highlighted by the example of were plenty of attractive artists’ impressions of the Joffe Group, the creator of the Gondwana the finished article, but few detailed plans. The rainforest sanctuary. It lodged a claim for end result was a rushed job to accommodate $1.65m for cost overruns, which it said were this Government’s political time-frame, which totally beyond its control, and for which the came at a huge cost to many of the corporation was responsible. I have told the subcontractors involved. The battlers who Treasurer before, the timing of the opening made the South Bank parklands what they was a political decision by this Government, are today had to contend with the final insult and the accelerated finishing date and all the of not being paid fully for the work undertaken. variations that were made were at the core of Even today, some still have not been paid in all of those problems. That is the point I am full. Others have gone out of business making. Legislative Assembly 6505 3 December 1993

The irony is that the Labor Government, innovative and special has left a bitter taste, motivated by the need to get South Bank largely owing to this Labor Government’s open before the State election, through the selfish political motives and the inadequacies I Treasury Department, supported the have just mentioned. corporation to the extent of a $7.1m Although South Bank is delightful to the guarantee of a loan to Gondwana rainforest eye, the enforced finishing deadline left a sanctuary through an order of the Governor in troublesome legacy of the Gondwanaland Council. Despite this guarantee, it still ended rainforest park, now in receivership. up in receivership. It seems that the Predictably, the Bill before the House expands Government was quite happy to use the Joffe the responsibilities of the corporation, further Group’s creativity in the first instance, but reinforcing the reason for its continued when it the sanctuary was built, it sunk the existence. The objective of the Bill is to boot in. It has been a very sorry saga, and a provide for a restructured corporation board; to souring of the Expo dream for many people. upgrade the requirements of the corporation Even as this Bill is being debated, almost for financial and business planning and for 17 months since the opening of South Bank, reporting to the Minister; pass ownership and at least one major subcontractor is still out of control of the Brisbane Convention and pocket by more than half a million dollars Exhibition Centre to the corporation; and to because of problems with the electrical system bring the Act into conformity with current at South Bank. There has been a major drafting standards. problem with the lighting, which warrants an As I said, the Bill increases the authority explanation to this House by the Premier. The of the corporation as a property manager and Opposition is reliably informed that the repair owner of freehold property. The corporation’s bill to overcome the lighting deficiencies on responsibilities will be expanded to include the site could be in the vicinity of $1m. The overseeing the private development of the 15- neon lights in the steps do not work; and there hectare commercial area; the operation and is a problem with the fibre optics in the ongoing management of the parklands; and promenade and flag court areas where control and management of the Brisbane apparently the light driver does not function Convention and Exhibition Centre. properly. We are also told that there is a problem with water penetration. In common To enable the corporation to handle its with many other problems encountered by new areas of responsibilities, particularly the subcontractors with the parklands convention and exhibition centre, the board is development, it is deemed by the project being expanded to provide for up to eight superintendent to be the subcontractor’s fault. members. It will now comprise a chairperson, However, the reality is that the subcontractor two members appointed on the nomination of simply installed what the design specified. It is the council, and not more than five other a simple case of what was designed does not members, and they are to be appointed by work, and it is a problem for the South Bank the Governor in Council. It is to be hoped that Corporation to sort out. this Labor Government does not resort to its recent practice of putting failed politicians or its Where are the Premier and the Deputy other cronies on the board. There is no need Premier now? Where is the Deputy for me to remind the House that the Premier—the greatest fair-weather sailor in this Honourable Minister for Transport appointed House? Where is he when it comes to sorting the former and failed Federal member for out this problem? Mr Burns used to be a Hinkler, Mr Brian Courtice, to the Bundaberg battler for subcontractors. Now he and his Port Authority, and the former Labor Mayor of Government do not want to know them. We Townsville, Associate Professor Mike all remember his efforts two elections ago to Reynolds, who lives in Canberra, to act as grab publicity by being the subcontractor’s Chairman of the Port of Townsville Authority. mate. It is totally unfair that subcontractors This Government has no shame in appointing should be jeopardised financially for cronies to the public service, boards or inadequate designs for which they were not committees, or to the plethora of reviews responsible. In this regard, I believe the Goss already undertaken. Government has a lot to answer for on the part of subcontractors. To date, it has Although the Opposition has great managed to skate around the problem, but respect for the South Bank Chairman, Ron this Parliament and the people deserve an Paul, I hope that he is not burdened with answer as to what is being done about such lackeys of the Labor Party in the expansion of problems. For the battling subcontractors, the this board. It would be a pleasant surprise if joy of working on creating something the Government could refrain from appointing 3 December 1993 6506 Legislative Assembly such lackeys to the expanded South Bank dogma of the past, lest it upset some if its board. factional heavyweights. As to the convention and exhibition An important part of this Bill is the centre—it is estimated to cost $170m, and to business plan of the corporation. It is noted be open in April 1995. Already a shadow lies that the first plan commences from 1 July over it. Reportedly, the Chairman of the 1994, and must cover three years. The Queensland Tourist and Travel Corporation, Minister and the corporation must agree on Jim Kennedy, has said that Federal the plan. It is quite clear that the corporation Government taxes are likely to turn convention has a large responsibility, both in terms of and exhibition centres into white elephants. financial credibility and the marketing of the This is a very worrying statement coming from convention and exhibition centre. Members of a person of Mr Kennedy’s standing and with the Opposition wish the corporation well as it his understanding of industry and tourism. adjusts to its expanded responsibilities, and One would certainly hope that this does not hope that the interests of Queenslanders will happen to Queensland’s new centre. be well served. It seems that the Premier is much more Hon. K. E. De LACY (Cairns— Treasurer) optimistic. He has predicted that over the next (12.28 p.m.), in reply: I thank the House for its decade, in addition to the casino revenues, support for this Bill. I thank the honourable the centre will bring $1 billion into Queensland. member for Lockyer for his contribution. That is $100m a year, or about $2m a week. However, I might say that it was largely an Some specialists in the field believe that that irrelevant contribution. It was a trip down is a large figure, but the Opposition hopes that memory lane. The only problem with trips the Premier is right with his estimates. It down memory lane is that, at times, the seems that, on the books, there are memory tends to become very selective and approximately 200 exhibitions bookings and hazy. 40 confirmed conventions. However, concern exists among some convention and exhibition I will make a comment about the organisers about the pricing policy. Planners subcontractors. The remarks made by the are praising the centre as a world beater. honourable member for Lockyer seem to me However it has been said that the pricing to be quite strange. He represents a party that structure may result in some of its advance used to pride itself on being a free enterprise bookings being lost. It will be a challenge for party. To the extent that subcontractors have the corporation and the Government to suffered some damage at South Bank, it is ensure that the Brisbane site is competitive because of the arrangements that they and not bypassed because of cost. entered into with the primary contractor. There was no role for the Government to play in that This Labor Government has not been regard, and I do not think that anybody would lucky with its business investments. The expect the State Government to intervene in House will recall that the Government took commercial contracts between people in the over the $50m Indy debt; it had to absorb the private sector. That was the outcome. If $7m invested in Compass and, of course, protections are to be put in place for there was the Gondwanaland fiasco. Although subcontractors, they ought to be done on a the convention and exhibition site is still in the different basis and in a different context. We development stage, already it has been should not be interfering in those types of subjected to criticism before the Parliamentary contracts. In conclusion, I thank all honourable Works Committee. The building industry members. Those members who stopped here specialist contractors organisation argued that only for this debate can now go out to the contract documents were discriminatory, and cricket. parts were referred to the Anti-Discrimination Commission. Under question was the detailed Motion agreed to. information required about an employee’s work record over the preceding three years. Committee The House will not be surprised to hear that contract conditions specify that unionism is Hon. K. E. De Lacy (Cairns—Treasurer) in compulsory. In this era of enterprise charge of the Bill. agreements and recent statistics that indicate Clauses 1 to 16, as read, agreed to. union membership is in rapid decline, this Clause 17— Labor administration cannot lift itself out of the Legislative Assembly 6507 3 December 1993

Mr FITZGERALD (12.31 p.m.): I note with would still be well and truly worth having on a interest the changes to the Schedule which corporation. I will never forget a former shire clause 17 effects. It deals with the provisions councillor in my own home town who was a relating to the disqualification from declared bankrupt. At that time, he had to be membership of the corporation. It states that removed from the fire board. He had never the Governor in Council may remove a been sacked before in his life. He entered into member from office if the member— a scheme of arrangements. He had made “(e) is an undischarged bankrupt or some poor business decisions, and some of is taking advantage of the laws the shops he had built were no longer relating to bankruptcy . . .” occupied. He developed half of Gatton. Then I had to tell him, “I am sorry. It is true. You have We are amending the section in the Act which to be kicked off the fire board”, even though states— he had been put there to represent an “A person shall be disqualified from insurance company. I was very sad about becoming or continuing as a member of that, and I have spoken about it on a number the Corporation if— of occasions in this Chamber. (a) he has not attained the age of I am very pleased to see that the 18 years; draftsman has addressed this matter, about (b) he is an undischarged bankrupt which I spoke to him on one occasion. I could or is taking advantage of the not see the sense in it. I think the community laws relating to bankruptcy.” is protected well by the Governor in Council having the right to remove members of the This is a change that I welcome. corporation. I wish to make this contribution On a number of occasions in this House, because I believe that provisions should be I have said that a person who is an included in our drafting so that the Governor in undischarged bankrupt should not necessarily Council is responsible if a person is removed. be removed from a statutory board, removed Clause 17, as read, agreed to. from this House, or removed from a local shire council. I believe this is quite adequately Clauses 18 and 19, as read, agreed to. covered by the words— Bill reported, without amendment. “The Governor in Council may remove a member from office if the Third Reading member. . .” Bill, on motion of Mr De Lacy, by leave, A lot of bankruptcies are taking place these read a third time. days. Some people put their homes, their lives and everything on the line and personally guarantee their liabilities, but then become HEALTH LEGISLATION AMENDMENT BILL bankrupts. Yet the scoundrels of this world Second Reading take money from everybody and walk away scot free. They can stay on boards or remain Debate resumed from 9 November (see as members of this House or a local authority. p. 5479). I will not talk about members of Mr HORAN (Toowoomba South) Parliament or members of local authorities, (12.36 p.m.): It is probably about 12 months but I believe that many of those people have since we debated a Bill similar to this one. The suffered because they have become Minister has indicated that each year he will bankrupts. Many honest, good people bring before the House one of these omnibus become bankrupts. I do not see why they Bills which make current many of the Acts should not be able to stand for election. An handled and administered by the Department undischarged bankrupt should be eligible to of Health. stand, provided everything is open and in The purpose of this Bill is to amend some view. I think that is democracy. 16 Acts within the Health portfolio and to With regard to a corporation such as this repeal two Acts, those being the Inebriates one, I believe that the Governor in Council will Institutions Act 1896 and the Inebriates definitely carefully look at a person’s Institutions Amendment Act 1968. There are competency in managing affairs. Obviously, it also some substantial machinery is a serious impediment for a declared amendments within this Bill, particularly in the bankrupt to have to justify why he should still area of terminology; in the use of penalty units be on a corporation. I can think of plenty of and the removal of such terminology covered people who have been declared bankrupt who 3 December 1993 6508 Legislative Assembly by the Acts Interpretation Act 1954 and the amendments curiously retain ministerial Statutory Instruments Act 1992. discretion where permission to cremate at The Opposition gives qualified support for places other than a crematorium is sought. the Bill. We have no problem with the purpose It seems to us that these amendments of the Bill, but we do have some concerns do not achieve fully the purpose for which this about some of the amendments and about part of the Bill was introduced. As a result of what they purport to implement, particularly these amendments, crematoria processes can those amendments relating to the still be controlled by two Acts, that is, the Local amendment of the Health Act. We also note Government (Planning and Environment) Act the move to omit all references to limitations and the Cremation Act. The Bill provides the preventing people of 70 years of age or more opportunity for a person to apply to the from holding membership on Government Minister for permission to cremate a human bodies and committees in accordance with the body at a place other than a crematorium. Anti-discrimination Act. The coalition believes Such permission would generally be sought that such limitations are discriminatory and for reasons of ethnic beliefs. Surely, if local unfair. We cannot help recalling—and we government is to be given control of the certainly will not forget—the blatant attacks licensing and approval of crematoria, the that the former Opposition made on a former advice that it receives would be just as good Queensland Premier regarding his age. as that provided to the Minister. Local The first amendment deals with the government should not be given control of Chiropractors and Osteopaths Act 1979. That only 99 per cent of the cremation industry. Act provides for the constitution of a board Such control should be fully handed over to representing chiropractors and osteopaths, for local government. a register of chiropractors and osteopaths, The next part of the legislation deals with and for the regulation of the practise of those amendments to the Dental Act. That Act professions. The Act also sets out the provides for the Dental Board, the registration requirements for registration and also allows of dentists and the recognition of dental the board to organise educational personnel who are authorised to perform a qualifications in Queensland, and particularly range of dentistry under the supervision of a those from other States. The main thrust of dentist. Throughout most of Queensland, this part is to clear up concerns regarding there is an incredible waiting list for dental corporate practice provisions, and in particular work at public hospitals, even though dentistry the way the previous legislation meant that a is not free, as are all other services provided company incorporated somewhere other than by public hospitals. Dental work at public in Queensland could not apply for approved hospitals is restricted to health care card name status under section 28B of the Act and holders. In places such as Townsville, there is was therefore guilty of an offence under at least a 60-week wait for dental treatment, section 28C of the Act. and there are stories of people waiting for up The next part of the Bill amends the to two years for dentures. It is becoming hard Cremation Act of 1913, which regulates the to get a feed under the Goss Labor process of cremation and also contains Government, but that is taking things a bit too provisions relating to application for cremation far. A two-year wait is unacceptable, and the licences, transferred suspension of such Minister should rectify that problem. licenses, and so on. The cremation industry The amendments that we are formally has been subject to the provisions of two Acts, dealing with today refer to the qualification for namely, the Cremation Act and the Local registration as a specialist and the procedure Government (Planning and Environment) Act. for prescribing an annual licence fee. My This amendment deals with the establishment consultations with the dental profession and licensing of crematoria. It flows from what confirm that the profession is satisfied with the was titled the Systematic Review of Business changes contained in this Bill. In light of the Legislation and Regulations by the Business problems with the annual licence fee Regulation Review Unit of DBIRD. The confronting the Queensland Nurses Council, it operations of crematoria were covered by two is vitally important that such boards act Acts. Because of this amendment, those responsibly to represent the members of the operations will now ostensibly be covered relevant profession. under one Act—the Local Government Earlier today, reference was made to the (Planning and Environment) Act. This part of licence fee paid by nurses increasing from $15 the legislation sets out that matters relating to to $100—from the cheapest in Australia to the cremation are to be dealt with by local most expensive. The Minister stated that the government and its health officers, yet the Legislative Assembly 6509 3 December 1993

Queensland Nurses Council is supposed to It is common knowledge that the dental act independently and is supposed to be fully technicians and the dental prosthetists self-funding. But the Minister knows that the supported the ALP financially before the 1989 Queensland Nurses Council is responsible to election and probably before the last election. him. It is certainly in his interests and the In light of that fact, this issue is extremely interests of the nursing profession to ensure serious. The Minister is in danger of being that a sixfold increase does not occur. It is compromised if he does not take some certainly in the Minister’s interests and in the serious action on it. interests of the profession to ensure that the Mr Hayward: What’s the matter? Queensland Nursing Council budget is such that it can provide for a modest fee increase Mr HORAN: I will outline it again. There that is well within the means of nurses. are allegations of rorting and corruption in the examination process. The Minister has been Mr Hayward: It’s taxpayer funded. made aware of it; his senior officers have Mr HORAN: The Minister says that the been made aware of it; and the Premier has taxpayers have to pay for it, but in fact the been made aware of it. However, to date no Government has to pay for it. Of course, it is steps have been taken towards investigation ultimately the taxpayers’ money. The previous of those allegations. The people who are Government was able to maintain the licence attempting to become qualified have been in fee at $15. This Government did so for a short conflict with some of the assessors in the past. time, but now it will oversee an increase from It appears to those applicants that they are $15 to $100. That is just another example of being kept out of the dental prosthetic the back-door taxation that is practised profession because of their past business constantly by this Government. In fact, since activities, such as advertising cut-price the Goss Government was elected, each dentures. They have fallen foul of some of the Queensland family has to pay an additional people who serve on the assessing $1,700 in fees, taxes and levies. committees and, as a result, they are not The next amendment deals with the being judged honestly or fairly on their Dental Technicians and Dental Prosthetists abilities. It is claimed that they are being failed Act 1991. That Act put in place a new on the basis that their work is not up to profession for dental prosthetists. It meant standard, but they claim that they are being that dental technicians could practise in the failed for their past entrepreneurial activities. area of full dentures, partial dentures and, as A lot of controversy surrounded the lead- part of that process, they had to provide oral up to the introduction of this Act. However, it is health certificates for certain procedures that a legal Act of this State, and it is appropriate they were undertaking. This amendment is for that it be administered honestly and justly. If the purpose of recognising courses that may the claims by those technicians are ever be approved in Queensland by the curriculum proved to be correct, it is totally unfair that working party—which is currently working on such discrimination should occur. It is their this issue—or approved interstate courses. livelihood. Without passing those At present, a very serious issue confronts examinations, they cannot become dental the dental prosthetists profession. The prosthetists. It is time that all technicians were Minister is well aware of it, and he is presiding judged honestly and that their claims to the over it. There have been serious allegations of contrary were taken seriously. They have been rorting and corruption in the process of advised to take their claims to the CJC. examination that leads to registration of dental However, if they do that, they will effectively be technicians as dental prosthetists. That precluded from passing their exams and process consists of a theory examination and having the opportunity to practise their desired a substantial practical examination. The profession. They ask that this matter be examinations are overseen by a board of treated seriously by the Minister and by his assessors, which consists of one person from officers, and that they be judged accurately the dental profession and the balance being and honestly on the basis of their ability. dental prosthetists. The claims that have been The technicians claim that their work is made by a number of dental technicians are good and that the patients for whom they extremely serious. I know that the Minister is have made dentures are absolutely happy aware of them, because those people have with them. They claim further that other written to the Minister; they have met with the people undertaking the examination process Minister’s senior officers; and they have written received advice as to what questions would be to the Premier. asked and what sorts of dentures they would be required to make. They are considering 3 December 1993 6510 Legislative Assembly forming an organisation to fight this injustice. good practices that are being put in place by They make further claims that, in the initial Health Departments throughout Australia, round of assessments, the 36 people who including Queensland Health, with respect to were assessed all passed, and that they were the practice of safe sex, the extreme dangers all mates who were involved in the original of needle sharing and the risks of the lobbying for the dental prosthetists’ profession. diseases that can be passed on by any of The ingredients are all there: the Minister those irresponsible actions. being compromised by donations made to his Under the Bill, a person with a serious party and the Minister being aware of these notifiable disease such as HIV/AIDS, by using claims but not taking any action. a needle or in the act of sex, can pass that I do not think that any of those people disease on to another person without it being would be concerned if it was accurately and any form of offence whatsoever. That disease correctly proved that they had failed their can then be passed on to other people within exams and did not have the ability. Those the community at a time when everybody and people have been working in that field for up every Health Department is endeavouring to to 26 years. One person had seven years’ stop the spread of that serious and dangerous experience. Another person was previously a disease. dentist. It makes one wonder what is going The other aspect of the amendment to on. It makes one believe that the claims made the Health Act is that of day hospitals. Much by those people have a great deal of truth has been said about the potential of day and accuracy. I bring that matter before the hospitals to reduce the waiting lists. I speak House during the debate on the Bill and I quite seriously about the situation in challenge the Minister to tell the House how Toowoomba. The two day surgeries at the much he knows about that issue and what he Toowoomba General Hospital have been will do to clean up the act in his own backyard. completed for almost 18 months. We await Otherwise, those people will be forced to take the money to come through for the that issue to the CJC. completion of the second floor of that building, The next Act dealt with in the Bill is the which will be the theatre complex. I Health Act 1937. That covers issues of public understand that negotiations have been health, particularly the prevention, notification entered into by the Regional Health Authority and treatment of diseases or disabilities. It in that city with the Minister on that particular also covers the sale and prescription of drugs. Capital Works Program being extended to In discussing that Act and in talking about include intensive care beds and to include issues of public health, I raise the issue of the some additional facilities for accidents and reported epidemic in north Queensland of emergencies. Certainly, that would be a great dengue fever and Ross River fever. It is thing. The problem is that the building has pleasing to see the putting in place of the been lying idle with one floor completed for arbovirus task force. I certainly hope that that almost two years. It is about time that has some effect in north Queensland in something happened. containing those diseases, which can have The waiting lists throughout Queensland some serious implications. Recently, I was in continue to be a problem, nowhere more so Charters Towers. In an endeavour to combat than in the field of cardiac surgery. Hospitals the mosquito menace, the local authority in such as Prince Charles are restricted to 400 Charters Towers instituted a fogging campaign angioplasties a year—that is, approximately in the streets. eight a week—and to 39 major operations a The main thrust of the Bill is the control of week. That hospital can double that because notifiable diseases, brought about particularly it has the staff and the facilities. However, it by the ever-increasing incidence of HIV. At this simply does not have the funds. Within those stage, I foreshadow that the coalition will 39 major procedures a week, five are provided oppose subclauses (2B), (2C) and (2D) in by the program that was put in place to clause 26. We believe that those subclauses improve waiting lists. That program cuts out in allow a person to endanger someone’s life. another two or three months’ time. This week, There is not enough definition on that. The Bill the Minister announced that $11m will come puts in place two offences for those people from the Commonwealth Government to who recklessly convey to another person a improve the waiting lists in the public hospitals. disease such as HIV. At the same time, one That $11m will be spread over five years. I clause states that, if a person who is a partner challenge the Minister to announce what the in that process knew that the other person Queensland State Government can provide to had a notifiable disease, it is no longer an match that funding from the Commonwealth offence. That flies in the face of all of the Legislative Assembly 6511 3 December 1993

Government so that the Government can the difficult judgments that they must make make a decent dent in the waiting lists. that some people should be moved up the list In some areas, the waiting lists are out of and that others who are at the top of the list control. Recently, I spoke to an old fellow in should be moved down, the Minister should Charters Towers. He must wait well over 12 make similar difficult judgments on priorities months for urgent prostate surgery in and move some of the funds within his Townsville. The cardiac waiting list continues department from lower down the list to the top to be a bone of contention in medical circles of the list. and Queensland politics. As shadow Minister, Some of the amendments to the Health I cannot think of an issue that I deal with more Act refer to confidentiality. The Opposition is than the issue of people who are on the concerned about a couple of matters of waiting lists for cardiac surgery. They ring me confidentiality. I will address that issue during up, worried and terrified. They think that they the Committee stage. will die while they are on the waiting lists. Without being overly dramatic about it, one Sitting suspended from 1 to 2.30 p.m. can easily understand how they feel, Mr HORAN: The next segment of the Bill particularly the older people. Very often, they deals with the Health Rights Commission. The are about to be admitted for their surgery and, Health Rights Commission Act, which was quite rightly, the Prince Charles Hospital enacted in 1991, establishes the commission contacts them to tell them that they are further to preserve and promote the health rights of down the list. This week, I heard about an people to receive and to resolve health service instance of that. complaints. It also establishes the Health I can understand that, if the medical Rights Advisory Council, which advises the authorities adjudge someone to be at serious Minister and the commissioner in relation to risk of life and to be at more serious risk than the redress of health service complaints. In my others on the list, that person goes to the top position as shadow Minister for Health, I would of the list. It seems an absolute shame that like to make a comment about the Health although the facilities and trained people such Rights Commission in particular. As members as the surgeons and specialised staff are all in can imagine, I receive an enormous number place, all that is required is the injection of of complaints and queries from people. In some additional funds to reduce those life- many instances it is extremely helpful to be threatening waiting lists. The Minister would able to relay those on to the Health Rights have to agree that it should be one of his Commission. In a number of cases, it has highest priorities. When the Minister compares been able to resolve those particular matters that with some of the other issues that he at the various stages that it goes through in deals with in the Health Department, if he the process. cannot find $2m or $3m in extra funds to I would like to thank the commissioner, match the Federal funds, the great bulk of Ian Siggins, and also his senior officer, Sue which he could put into that high-priority area, Cawcutt, for the way they have treated the there is something wrong with the way in many complaints that we have put before which the Minister runs his department. It is them and the courtesy that they have quite clear that the Federal Minister for Health extended to my office. The main point I have is encouraging high salary and wage earners noticed in dealing with complaints that are to take out private health insurance and that referred to the Health Rights Commission is waiting lists are a concern there, too. It is that they are often made when people are in about time that the Minister became fair a state of extreme distress, they have suffered dinkum and addressed the issue. He should some form of grief and they are extremely stop worrying about groups that might oppose concerned and uncertain. In many instances, the Government. it has been good for them to be able to be For the Minister to address the situation taken through the process of either talking to at Prince Charles Hospital and, to a lesser a hospital liaison officer or having that process degree—because less surgery is done instituted by the Health Rights Commission. I there—at the Princess Alexandra Hospital, it is found a number of times that once they a matter of funding priorities and the way in understand exactly what has happened, it has which the Minister juggles the funds within his tended to resolve the initial complaint. department. It is a matter of how committed One area of concern is the period within he is to what is probably the highest priority in which a complaint must be made, that is, 12 health. The problem with waiting lists is a life- months from the time the particular procedure threatening issue. If the medical authorities at took place. I have received complaints on one a hospital such as Prince Charles can make 3 December 1993 6512 Legislative Assembly or two occasions when a complaint has been complaints that were dealt with immediately by outside that time. If an unfortunate result information; and 791 complaints were sent to occurs more than 12 months after an providers for reply, of which 475 then required operation, that is a matter that should be further assessment. Sixty-four of these considered. Eye operations are an example of complaints went on to conciliation; 20 went to that, because an unfortunate result may be professional registration boards; 14 went to detected subsequently. other agencies for investigation; and 28 Clause 40—Decisions not to take complaints were the subject of formal action—is one area that concerns members of investigation by the commissioner. So in the Opposition. We will be discussing that at looking at the break down—getting to a lesser the Committee stage because we believe that number as it gets to the more serious end of it brings about a situation of double jeopardy. the process—obviously, it seems to be doing quite a good job in dealing with people’s initial The Hospitals Foundations Act provides concerns and dealing with them in a way in for the establishment and incorporation of which it does not have to go right to the formal bodies to hold and apply property to the complaint stage. object of that association. There are a number of hospital foundations within the State, such I think the other interesting thing in as the Royal Children’s Foundation, the Royal looking at the issue of complaints is that there Women’s Hospital Research and are about 6 per cent that deal with Development Foundation, the Royal Brisbane administration; 9 per cent with costs; 15 per Hospital Foundation, the Princess Alexandra cent with communication; 15 per cent with Research and Development Foundation and access; 15 per cent with rights; and 39 per the Prince Charles Foundation. I will not cent with treatment. I think that there is no enumerate some of the good works that they doubt that it is often in the area of treatment do, but they are basically all related to that most of the complaints seem to flow promoting research and fundraising for through. equipment. In my own area, the Darling The next Act with which the Bill deals is Downs, there has been a recent development the Medical Act of 1939, which constitutes the with the formation of the Darling Downs Health Medical Board of Queensland and the Services Foundation. That has been formed Medical Assessment Tribunal. It particularly to promote the activities of hospitals and provides for registration of medical regional health services on the Darling Downs; practitioners and specialists and deals with to encourage interaction between the services and charges of misconduct and so hospitals and their communities; to advance forth. Currently, to be registered as a medical the cause of medical health care and facilities; specialist there is an initial requirement for and to contribute to the wellbeing of hospital general registration, and in some cases that and health services, staff and patients of the has to be dealt with by conditional registration, hospital. particularly in the circumstances in which an Some of the activities of that foundation eminent specialist from overseas may come that have been promoted at this stage have here to lecture or to work within the hospitals. included the annual rural health conference; The amendment deals with that problem. the Lillian Community Theatre Project, which Earlier, I referred to day surgery and day was to support people—particularly those hospitals. One of the ways to attack the suffering from schizophrenia—to be involved ongoing problem of waiting lists and the lack in community activities; research, grants and of specialists, particularly throughout the scholarships; and health education regional and rural areas, is through the better awareness. The foundation has also use of day surgeries and day hospitals. Day purchased and acquired some specific pieces surgeries are efficient and work well if they are of health technology. staffed with highly qualified medical I spoke before on the Health Rights specialists. The amendment to the Mental Commission. Today, the annual report of the Health Act of 1974, which deals with the Health Rights Commission was tabled in the treatment and care of mentally ill persons, is House. Although I wanted to go through some an area of great concern to the public, of the details contained in it, I have not had particularly since the Burdekin report has been much time to look at that publication. It is released. I know that currently within the interesting to note that during 1992-93 the department a major review of that Act is taking commission handled 3 928 initial inquiries, of place. I think most of us are expecting that which almost 2 200 were requests for amendments to it will come before the House information referral advice; there were 622 next year. Legislative Assembly 6513 3 December 1993

At this stage, four papers have been described in the manual within the operation released relating to this review: there has of this Act so that there is a clear head of been a background paper; there has been a power indicating what can and cannot be paper titled “The defining of mental illness”; a done with patients’ funds. The amendment paper titled “Treatment of people with mental provides a head of power for the payment of illness”; and, finally, one regarding the forensic interest from the Patients’ Trust Fund into a provisions of mental illness. It is interesting to separate Patients’ Amenities Fund. note some of the comments following the Apparently, it has been the practice since the Burdekin report. There seems to be a general early sixties to use interest from the fund for feeling that one of the real problems in the overall benefit of patients in the institution, dealing with mental health, and in some of the hence the payment into the amenities new ways of treatment of mental health, is the account. The amendment defines the uses to deinstitutionalisation process. As the mental which the money will be applied and hospitals are gradually or dramatically cut specifically excludes administration costs down in bed numbers and the system of relating to the Patients’ Trust Fund, the dealing with mental health moves to a system purchase of plant or equipment or capital of acute care in hospitals or having people works, although a regional director can still accessing community health centres and living approve such use. Provision has been made a normal life within their own community, there for the establishment of a Patients’ Advisory is an enormous need to understand just what Committee in relation to the financial back-up and support these people need. provisions, which seems to me to be fair. I have spoken to people who have been Part VIII relates to validations covering released from mental institutions. They talk mistakes in six areas. I believe that the about trying to deal with simple things such as mistakes are fairly well described in the remembering how to catch a bus, how to read Minister’s second-reading speech. They arise the timetable and where to catch a bus. mostly from changes that have occurred since People in such circumstances need exit implementation of the Health Services Act. programs that help them to readapt to the life While on the topic of the Mental Health that they once lived. So it is important that Act, I draw to the attention of the Minister, his there is 24-hour back-up and support, where advisers and other members in the House my possible, and that there are community advice from people who have been involved in services that they can access at any time nursing that a large percentage of people in whenever they feel the need. prisons throughout this State are perhaps Following the release of the Burdekin emotionally and psychiatrically disturbed. report, a comment was made by the executive Despite numerous calls being made by many director of the Queensland Association of people in the community, the services Mental Health, Ms Judy Magub, who said that provided for inmates are still grossly services in Queensland were “grossly inadequate. The Government should provide inadequate”. She also said that between better services and more help for people who seven and nine mental health staff are suffer these disabilities. I am also advised that provided for every 100 000 head of population medical officers who complain about the level in Queensland compared with 20 and 23 staff of services provided for psychiatrically for every 100 000 in Sydney and Melbourne. disturbed prison inmates have been chastised Obviously, we in Queensland have to get for complaining. I take this opportunity to our act together. I look forward to debating the mention the allocation of resources and, in Mental Health Bill. I believe that it is much- that regard, I mention also the problems needed legislation and that the Government associated with adolescent alcoholics. and the Opposition should work together to There is no place, institution, shelter or ensure that the required services are provided hostel for the treatment of under-age and that modern methods of mental health alcoholics. The young people to whom I refer treatment are applied. are too young to be admitted to Biala, so they This amending Bill also deals with are literally on the streets. I also wish to financial provisions and validations. The comment on a rumour—although I have Health Services Act 1991 amended the reason to believe it is far more than a Mental Health Act by inserting new sections rumour—that the Biala drug and alcohol 73 and 74 to cover financial dealings. In these centre will be closed down. It is an absolute sections, the references were to the financial shame to think that an inner-city centre that is management manual of the department. This only approximately 100 yards from a police Bill brings back the functions and dealings station should close down. Other resources that are used for dealing with this problem 3 December 1993 6514 Legislative Assembly have also been reduced. At the Wacol centre, will stand up for his department and fight the 100 beds have been reduced to 50 and are proposal tooth and nail, also. likely to be reduced to zero next year. At the This Bill repeals the Inebriates Institutions same time, the rehabilitation centre at the Act 1896 and the Inebriates Institutions Royal Brisbane Hospital has been reduced Amendment Act 1968. Some time ago when from 40 beds to 10 beds. the Minister issued a press release, it caused All honourable members would be aware great offence to many alcoholics throughout of the problems associated with escalating the State. I was quite amazed by the number alcoholism and drug abuse. It is absolutely of calls that I received. Apparently, people wrong for a city centre such as Biala to be objected to the insensitive way in which the reduced to an education centre. This announcement was made. It seemed to have Government is walking away from an inner-city been prompted by a search for media problem that is clearly evident. There are no attention or a desire for sensationalism facilities for young alcoholics except those because the headline was “Drunks won’t have provided by welfare groups such as Drug Arm, to tend the chooks”. Many people who were which operates a coffee run in and around the reformed drunks or who had alcoholic relatives Brisbane metropolitan area. It is very who had undergone treatment were extremely noticeable to the people who provide the concerned. The press release referred to service that many of the people who seek the inebriates who had been looking after chooks assistance are alcoholic street kids. I urge the at Wacol and that they could also be directed Minister to look carefully at this problem, to look after kangaroos and emus. I fail to see particularly as the festive season approaches. the relevance of that information, and it The majority of the amendments relate to certainly did not show much consideration for the various medical professions, such as the unfortunate people who have to undergo occupational therapy, pharmacy, that type of treatment. physiotherapy, podiatry, psychology and Mr T. B. Sullivan: Who did the speech pathology, and are machinery headlines? matters. The main provision relates to removal Mr HORAN: Undoubtedly, the headline of the age limitation of 70 years under the would have been done by the Minister’s Anti-Discrimination Act. The final amendment media officers. There are plenty of them. relates to the Transplantation and Anatomy There are about 30 of them in Brisbane and a Act. In considering this particular part of the few in every regional city in Queensland, and Bill, it is important to recognise the they are all working overtime. In addressing extraordinarily generous gift of organ donors. my remarks to the Inebriates Institutions Act, I It concerns me greatly that despite this point out that a number of people have told obviously generous gesture and the high me that it was a very useful act of Parliament. costs of medicine, the State Government is They have told me that, unfortunately, considering the removal of the free retrieval sometimes it has been the only way that a system that is provided by Government family could obtain help for a family member aircraft. or someone they knew who simply would not Last year, it cost the State Government seek help. I understand that the provisions $485,000 to undertake retrievals by using two relating to inebriates will now be contained aircraft, and I understand that consideration is within the new Mental Health Act that will be being given to passing on this cost to the introduced next year. Health Department. I am sure that the Minister People are concerned about how they will would not want that to happen, particularly as be able to help a person who is in desperate earlier today we were discussing the funds need of help and who is causing great distress that would be needed to try to reduce waiting within a family relationship. Under the lists and improve the service provided to Inebriates Institutions Act, an application could patients who require cardiac surgery. The be made to a magistrate to have a person proposal to impose a cost of $500m on the admitted to an inebriates’ institution for a Health Department that has previously been period of from 3 to 12 months. I understand borne by other departments or Government that magistrates rarely ordered periods longer agencies simply ignores the importance of the than three months, so it was an extremely gesture, and fails to recognise the useful way for psychiatrists working in this field humanitarian gift given by organ donors to and the families involved to arrange treatment people who are unfortunate enough to be that would not ordinarily be sought by the suffering ill health. If the Government goes inebriate. When the inebriate had been ahead with this proposal, the Opposition will treated, there was also the chance that he or fight it tooth and nail. I hope that the Minister Legislative Assembly 6515 3 December 1993 she could be cured of the illness, even if the most likely and desperate enough to sell their cure involved two or three readmissions. It was blood or, in some countries, their organs, are useful and, in most cases, it was the only way also the least likely to be healthy—disease to help these people. I would be interested to free—and therefore not suitable donors. The hear from the Minister just how this particular Transplantation and Anatomy Act 1979 had facet will be handled once the new Mental its origins in the 1978 Commonwealth Law Health Act is passed. Reform Commission that recognised the need The Opposition will not be opposing this to rule on this issue as the range of Bill. We support most of what is contained in transplants increased. There was also growing it. However, there are some issues that I wish awareness of the trade in human tissue and to raise during the Committee stage. the possibility of commercial growth in this evolving medical practice. Mrs EDMOND (Mount Coot-tha) (2.50 p.m.): May I first say that I welcome The 1979 Bill followed initiatives in all most of the positive statements made by the States to enact fairly uniform controls for the Opposition spokesperson, especially his use of blood products, donations of tissues by positive statements made regarding the living persons, and the definition of death. Health Rights Commission and the work that it Medical advances over the past 30 years is doing. I also have had excellent feedback have transformed human organ about it. It is a welcome change of attitude transplantation from an experimental curiosity from the Opposition. When we debated in the 1920s into an accepted form of medical bringing in a Health Rights Commission, it was treatment. The first successful kidney not warmly welcomed by the Opposition transplants were performed in the mid-1950s spokesperson of that time. In fact, there was between identical twins. Prior to the discovery quite a heated debate and a lot of of genetic markers and improved tissue accusations about invasion of privacy and matching techniques, non-familial other arguments along those lines. The transplantation had a poor success rate, with change of attitude is very, very welcome. As organ rejection a major obstacle. the previous speaker has indicated, this I have had the personal experience of Health Legislation Amendment Bill consists following the improved techniques of largely of a wide range of machinery transplantation during my career in health. In amendments flowing from other legislation. the 1960s, we would irradiate the “bed” of the In particular, the Anti-Discrimination Act of transplanted kidney in an attempt to minimise 1991 has necessitated changes to the rejection. In 1970, in Canada, I was involved Medical Act 1939, the Mental Health Act with experimental tests designed to 1974, the Occupational Therapists Act 1979, differentiate between acute rejection and poor the Pharmacy Act 1976, the Physiotherapists function due to trauma associated with the Act 1964, the Podiatrists Act, the surgery. Psychologists Act 1977 and the Speech The advent of the anti-rejection drug Pathologists Act 1979, to remove the limit of Cyclosporin—a fungal extract—made 70 years of age in their recommendations. I transplants without ideal donor matches welcome these moves to constantly maintain feasible. Since the 1980s we have seen a the integrity of legislation under the Health dramatic increase in the numbers and success portfolio in a changing society. of organ transplantation and an increase in The area of this Bill that I particularly want the variety of organs being transplanted. to address is representative of the other While kidneys remain the commonest organ dramatic changes that are taking place in the transplanted by far; heart, liver, lung, world of medicine and society’s reaction to heart/lung and pancreas transplants are now that and the ethical questions that are raised regularly occurring with increased success. by these rapid changes—and that is Part 17, This increased success and capacity, the amendment of the Transplantation and combined with the greying of the population, Anatomy Act 1979. has contributed to a serious shortage of Australia is in the fortunate position of human organs for use in transplant having a health service and blood service that operations. The annual number of patients does not allow for the trade of human tissue waiting organ replacement is growing faster or blood. I say “fortunate”, because where this than the number of transplants performed trade is allowed, we have seen abuse of the each year. Tragically, in Australia, we rely system. heavily on the young victims of road trauma to provide healthy organs. The success of road As well as the ethical problems that this safety programs is also impacting on involves, it is quite obvious that the persons 3 December 1993 6516 Legislative Assembly transplantation. This is not the case in all It is in recognition of these increased countries. The Japanese, for example, appear tissue uses that amendments are made to the to have major cultural reservations about the Act. It is proposed that the definition of “tissue” use of human cadavers for therapeutic in the Transplantation and Anatomy Act 1979 services. Similarly, notions of morality differ be amended in two respects. There is a need widely, with some societies quite accepting the to clarify that the current definition of “tissue” concept of marketing organs of both living includes human foetal tissue and, by persons, other than family, and cadavers. extension from that, to make it perfectly clear The increasing pressure for viable organs that human foetal tissue cannot be used for will continue to cause concern in Australian commercial purposes. medical circles. Laws throughout Australia Despite the fact that the definition of forbid buying and selling human body parts, “tissue” has always included human foetal and these amendments reinforce those laws. tissue, the Department of Health continues to But with the increased efforts of Governments receive a number of queries seeking advice as to export Australian health services and to whether this is indeed the case. In order to expertise, the problem of transactions made ensure that the current level of uncertainty is outside this country will be difficult to totally redressed, it is proposed in clause 110 of the exclude. Bill to amend the definition of “tissue” in While India is probably the best section 4 of the Transplantation and Anatomy organised in what is called the human spare Act to specifically include the following words parts trade, with regular advertisements and “an organ, blood or part of a human foetus” commonly known rates of pay, the Chinese and “a substance extracted from an organ, Government has also come under scrutiny for blood or part of a human foetus”. When this the sale of organs from executed criminals definition is read in conjunction with the and “mature” aborted foetuses. In the 1980s, provisions of Part 7 of the Transplantation and we also had the example of a hospital in Anatomy Act, which clearly prohibit the England that involved poor Turks being advertisement, purchase and sale of tissue for brought to England and paid to give up commercial purposes, it is abundantly clear kidneys to wealthy patients. that foetal tissue is not to be exploited commercially. It is this type of transaction that involves exploitation of the poor and weakest members The second problem associated with the of society that has led to action by the World definition of “tissue” concerns the exemption Health Organisation that began in 1989 to of substances from the meaning of this establish clear ethical principles. The first was definition, and therefore the restrictions of the that of distributive justice and equity, which Transplantation and Anatomy Act with regard requires that donated organs be made to sick to the donation of or commercial sale of patients on the basis of medical need and not tissue. Currently, substances can be made on the basis of financial or any other exempt from the definition of “tissue” by Order considerations. in Council. Two such orders have been issued, and as a result the following substances are The second principle was that the human exempt from the definition of “tissue”: testing body and its parts cannot ethically be the serum and control serum; and human subject of commercial transactions. I totally gammaglobulins prepared from pooled support both of those principles and I human serum. welcome these amendments to clarify and reinforce those principles. As proposed in clause 110 of the Bill, it is intended that those substances currently It is worth noting that while I have exempt from the meaning of “tissue” be concentrated on organ transplantation, the specifically listed in the definition of “tissue” in use of body tissues is now almost limitless. I the Act in an updated form. This will end the had not realised how far this had extended paper chase that exists currently between the until studying the details of the trail of tragedy principal Act and the Orders in Council as that followed the traumatic death of a young promulgated as well as further rationalise the man in the United States who unknowingly use of statutory instruments in this legislation. was HIV positive. Some 173 people These are practical and non-controversial contracted AIDS over the years following amendments. I believe that they are the easy transplantation of kidneys, ligaments, bones, ones. But I am also aware that our society will muscle, joints, etc. The only ones who appear be facing major ethical and esoteric questions to have escaped are those who received that that will cause all of us concern. Governments earliest of transplants—corneas. will have to make these difficult decisions and legislate accordingly to establish clear Legislative Assembly 6517 3 December 1993 guidelines. Without making any judgment but That afternoon, the doctor told her that she to raise some of these questions, how far had to be in hospital the next morning for should we go with in-vitro fertilisation? Who surgery. She had to fast overnight, and those owns which embryo, ova and sperm? How far lumps would be taken out of her neck the next should the dead be used to help the living? day. So when we talk about waiting lists, we Who should pay for maintaining life-support should consider the severity of the illnesses systems? Who should decide whether very suffered by the people on those waiting lists. premature babies, anencephalic babies, very That is the point in issue. We could adopt the ill or aged adults should be salvaged? Medical point of view that we are all on a waiting technology has advanced so rapidly that the list—18 million of us are waiting. Births, deaths community has had little time to digest the and taxes—they are all going to come to us, information and consider the issues at length. and we will all experience them in different As I said earlier, I do not pretend to have ways. Some of us will experience them a bit the answers to these questions, but I do sooner than others. believe society should be informed and I would like to talk about the six provisions debating these important ethical questions in this Bill that relate to the Mental Health Act. now. The gulf between the technological I used to work at the Wacol centre—it was possibilities in medicine and society’s ability to called Wolston Park and, in the old days, it finance them is widening. Decisions of was known as Goodna. Proposed new section resource allocation are currently being made 77 allows for the assignment of the Wacol within hospitals which provide this technology. Rehabilitation Clinic to the West Moreton As the public finances these procedures, the Regional Health Authority. Such responsibility public needs to be fully informed so that it can was incorrectly assigned in July 1991 under make choices about health-care spending. the Health Services Act of that year. Proposed Society will need to decide whether new section 78 will also ensure that the funding should be focused on preventative establishment of the Barrett Psychiatric Centre and primary health care for the good of the and the Barrett Adolescent Centre, which were entire community or directed increasingly to established a long time ago, is validated up to the high technological edge of medicine. August 1992. Similarly, should restraints be placed on who I must admit that I have worked at the benefits at that expensive edge of medicine? Barrett centre in A, D and E. They used to let For example, should transplants be available me out after I had worked my shift. The staff only to those who have shown a responsible were given blue shirts and grey trousers to health record? As I have said, these are wear to be able to distinguish them from the questions for all society to consider and to patients. However, when I worked there in give legislators guidance. In the meantime, I 1982, it was an interesting time. Old welcome these amendments and commend procedures were being swept away by new the Bill to the House. procedures, and new ideas were coming into Mr SZCZERBANIK (Albert) (3.02 p.m.): I psychiatric services. During the 1940s and the welcome this opportunity to speak to the 1950s, the community did not want to see Health Legislation Amendment Bill which will, people who had psychiatric illnesses. Those as the honourable member for Toowoomba people were locked away, and the keys were South said earlier, amend 16 pieces of virtually thrown away. legislation. This legislation is complex and Today, the mental illness of people who covers a variety of subjects ranging from the have been patients for over 30 or 40 years Inebriates Institutions Act Amendment Act to has been overshadowed by their physical the Mental Health Act. However, I take issue illnesses. When I worked at that centre during with the member for Toowoomba South about 1982, I experienced the difficulty of trying to the matter of waiting lists. He has a fixed idea place back into the community people who that there are long lists of people who are had physical illnesses rather than mental waiting to enter hospitals. I admit that people illnesses, and to transfer into the community are on waiting lists, but we must consider the as a whole the resources required for people severity of the illnesses suffered by those with mental illness. That is an issue which this people and the ability of those people who Government needs to address during the next need urgent attention to receive hospital few years. I believe that we are doing that as treatment. quickly as possible, but we have to realise that For example, the wife of a friend of mine these conflicting interests exist. We must had some lumps in her neck. She went to the consider the interests of the patients and the outpatients centre at the Gold Coast Hospital. patients’ relatives, the staff and the resources available. This Government is addressing 3 December 1993 6518 Legislative Assembly those matters, but it will take time. We will be seeking public consultation. Eventually we will moving those resources into the community get it right. where they are needed, and I believe that the Mr T. B. SULLIVAN (Chermside) Government will do the right thing. (3.10 p.m.): It is in great spirits that I rise today Years ago, if a person who had a mental to support the Minister and this illness arrived at the Gold Coast Hospital, the legislation—not because I heard the speech registrar in the casualty section would ring up from the honourable member for Albert, who the police and say, “We cannot handle them told us that we are all condemned to birth, here. We need to send them over to the taxes and death, which we all know. Today, I Barrett Centre.” The police would collect the have been in the company of some positive patient and take him or her to the Barrett people. On behalf of the Minister for Housing, Centre. Such people were separated from the Local Government and Planning, I attended community, their families and support the launch of Housing Choices with Brian systems. This Government is addressing Howe—a very positive person who does those issues. We need to provide those positive things for this nation. I was in the resources where the patients are, that is, in company of people from the Bernie Brae the communities in which they live. It is not Senior Citizens Centre and seniors groups going to be easy. I know that people want from the north side of Brisbane. Despite the quick-fix answers, but the Government cannot comments of the member for Toowoomba provide those. South earlier, these people are very positive. I now refer to the insertion of financial Honourable members may have heard provisions into the Mental Health Act. In some of the wonderful music coming from the accordance with the Government’s Christmas party hosted by the Premier’s commitment to public accountability, the Community Welfare Committee. I can see that administration of public Patients’ Trust Funds it has had an effect on my colleague the established pursuant to the Mental Health Act honourable member for Nudgee, who is taking have been scrutinised in response to doubts in these remarks. Honourable members may raised as to whether the relevant provisions of have been entertained earlier by Irene the Mental Health Act provide regional Bartlett, Viv Middleton and the Young authorities with the necessary authority to Australian Talent Company. They are very administer such funds. The authorities have a positive people. We should be very positive, clear head of power to perform the following because the Minister is doing good things. functions: to deduct automatically funds from Unfortunately, the discussion on health a Patients’ Trust Fund for the purpose of this year has been tainted by that infectious meeting maintenance charges which have disease—Nat negative or Lib negative— been levied pursuant to Regulation 63 of the spread by Mr Borbidge and Mrs Sheldon. It Mental Health Regulations, and the has infected a number of people. I am afraid appropriate amount and disbursement of that Mr Horan has suffered from it to a interest received in respect of moneys accrued degree. I hope that he recovers and can see to the Patients’ Trust Fund for the provision of the benefits that Queensland Health is amenities for the benefit of patients generally. bringing to Queenslanders. One test of Those provisions will legalise matters that whether a Government is doing something have arisen in the past in the handling of right is to see whether it is cleaning up the Patients’ Trust Funds. When I was working at mess, getting things in order and breathing a Wolston Park, the relatives of patients used to bit of new life into things. We can see new life want to buy patients items, using money from in this Minister. He is down to his new trim size the Patients’ Trust Fund, such as a and is showing us all that walking and comfortable chair. Now, relatives are able to exercising does lead to a healthier lifestyle. He purchase those items from the trust fund. is cleaning out the old health legislation and is When I worked at Wolston Park, every bringing it up to a fresh state. third or fourth Sunday we would take the I will concentrate on amendments to the patients on an outing. Under the old Health Act 1937. The Opposition had all of the provisions, we could not withdraw money to time since then to change some of the things pay for those outings. Those were some of in the old legislation. However, this the problems that we would encounter. Government has realised that that work was However, these provisions are addressing not done in the previous 32 years by the those problems, and we will get it right. I do National and coalition Governments, so this not doubt that this Government will have to Minister is doing it. overcome more problems in the future. The Mental Health Act is under review. We are Legislative Assembly 6519 3 December 1993

The Bill before the House contains a might be an inappropriate enforcement number of amendments to the Health Act mechanism because it could affect the 1937, which do the following: facilitate the livelihood of the operator. release of confidential information in relation So the amendment proposed in clause to cancer and perinatal records to the 32 provides a scale of monetary penalties for Commonwealth; introduce appropriate the first, second, third and subsequent penalties for breaching the provisions offences arising from a breach of the applicable to pest control operators’ licences; conditions of a licence. With its addition to the introduce two new offences associated with Health Act, more appropriate penalties can be the transmission of controlled notifiable imposed for minor offences. This will enable diseases; and redevelop the definition of “day Queensland Health to prosecute pest control hospital”. I will concentrate on the first three of operators who do not comply with the those only in this brief speech. conditions of their licence and it aims to A review of the confidentiality provisions ensure the safety of members of the public which govern the disclosure of health-related exposed to these treatments. data collected under the Health Act 1937 has The steps that the Minister has taken identified gaps in section 100 E and section here reflect the steps that other Ministers in 100 I of the Act. Specifically, an anomaly this Government have taken. Sometimes exists in those two sections whereby the chief members of the Opposition say to us, health officer in Queensland can, at his or her “Increase the penalties; make the penalties discretion, give information regarding cancer tougher.” In this case, we had such severe and perinatal data to his or her equivalent in penalties to the degree that they were not any State or Territory but not to the enforced because it would mean the Commonwealth itself. Not including the deprivation of the livelihood of the operator. Commonwealth was an oversight in the By now introducing a series of stepped original drafting of these sections and, of penalties, it is more likely that Queensland course, there is a need to provide such health Health will prosecute, and it has the data to the Commonwealth. Consequently, it mechanism to prosecute, which will act as a is proposed that section 100 E and section deterrent for any lax or recalcitrant operators 100 I be amended to include the words “or the and will bring them into line. Commonwealth” to ensure that cancer and perinatal data can be provided at the Thirdly, the existing section 48 of the appropriate level to the Commonwealth. Health Act makes it an offence to knowingly infect another person with a controlled We all know how aware people are about notifiable disease. The defence to this offence toxic substances, especially around children. is currently three-fold: firstly, that the person is When toxic substances are sprayed around the spouse or de facto spouse of the infected the home or left around the home, there is a person; secondly, is a person who knew of the danger that a very young child can be infected partner’s infection; and, thirdly, is a person and become seriously ill. If the pest control who voluntarily accepted the risk of being operator does not apply enough chemical and infected. Diseases currently declared as an infestation of cockroaches, ants or other “controlled notifiable diseases” include insects results, health-related problems can gonorrhoea, hepatitis B, HIV—the human arise. Division 4C of the Health Act is largely immunodeficiency virus—and syphilis. The concerned with the licensing of pest control amendments proposed to section 48 in this operators and specifies that a person cannot Bill are designed to update the offence operate as a pest control operator unless he provision and to make the provision more or she is licensed. Nor can a person use appropriate for the most serious of these regulated pesticides unless licensed or controlled notifiable diseases, that is, HIV. supervised by a licensee. In order to more adequately deal with the Licences granted to pest control circumstances surrounding the transmission of operators contain strict stipulations about the a controlled notifiable disease, it is intended types of poisons and pesticides they are that section 48 be amended. In the first permitted to use. These stipulations are instance, it is proposed that the existing usually applied by way of conditions attached offence of “knowingly infecting another person to a licence. As it stands now, however, the with a controlled notifiable disease” be Health Act does not provide an appropriate replaced so as to make it an offence to, firstly, mechanism for enforcing compliance with deliberately or recklessly put another person at licence conditions. In fact, it only provides for risk of infection from a controlled notifiable the cancellation or suspension of a licence disease, the penalty for which will be a which, in the case of a breach of conditions, 3 December 1993 6520 Legislative Assembly maximum of 150 penalty units—about sense. If the former Government had so $9,000—or 18 months’ imprisonment. desired, it could have changed them. Secondly, it will be an offence to deliberately The age-related provisions simply mean or recklessly infect another person with a that the provisions disqualifying a person controlled notifiable disease, the penalty for because of a certain age will be removed. My which will be a maximum of 200 penalty colleague the Minister for Health has elected units—about $12,000—or two years’ to remove the age-related limitations from all imprisonment. Acts, even though he may have kept them The recasting of the offence provisions as there, and in doing so he has chosen to outlined will, in part, redress difficulties that observe the spirit of the Anti-Discrimination may be incurred when attempting to prove Act. I support the amendments. that a person knowingly infected another Mr PEARCE (Fitzroy) (3.21 p.m.): I want person with a controlled notifiable disease, as to talk about the repeal of the Inebriates opposed to proving that a person behaved in Institutions Act. The Inebriates Institution Act a deliberate or reckless manner which resulted 1896 currently provides for compulsory in the other person being put at risk or another treatment of persons with an alcohol or other person being infected with a controlled drug dependence problem, providing that notifiable disease. certain circumstances exist. The Act also I would also like to stress that the provides for self-committal for treatment of an penalties previously quoted for the proposed alcohol or other drug problem and voluntary offences are maximum penalties and that a treatment of an alcohol or other drug problem. maximum penalty will probably be imposed A working party was established within the only when a person has deliberately or Department of Health to review the Inebriates recklessly put at risk or infected another Institutions Act. That committee person with a controlled notifiable disease that recommended that this Act be repealed in its is life threatening, such as HIV. It is entirety and that the Mental Act 1974 be unfortunate that we have seen cases—in utilised to provide for compulsory treatment at prisons, in hospitals, in fights and in family designated drug and alcohol agencies, disputes—where someone who believed that general hospitals and psychiatric hospitals he had an infected needle or an infected throughout the State. instrument has attacked another person, I would like to speak about why this hoping to cause that infection to spread. That change has become necessary. The has been one of the depressing Inebriates Institutions Act was introduced in developments in our society in recent years, 1896, at a time when voluntary treatment for and it is a problem that this amendment people with an alcohol and drug dependence acknowledges. problem was not readily accessible, as it is As a result of the offence provisions now. After doing some research, I was able to being re-worked, it was also necessary to re- discover that, in June 1896, in a second- work the defence provisions in section 48. reading speech to the Parliament, the Currently, the section stipulates that it is not Honourable Berkeley Moreton, the member an offence to infect another person with a for Burnett, said— controlled notifiable disease if that person is “. . . drunkenness is a crime. It is a vice the spouse or de facto spouse of the infected and a crime, but there is a species of person, and voluntarily accepted the risk of drunkenness which is not a crime—a being infected in the knowledge of their stage at which drunkenness becomes a partner’s infection. This Bill proposes that the disease.” reference to “spouse or de facto spouse” be omitted so that relationships that fall outside He likened the disease of drunkenness to that these traditional partnerships can be of insanity, and declared— recognised as part of a person’s defence “We have the right, when we find a against a charge made under section 48. person is not able to take care of himself, Secondly, the Bill proposes that the key to lock him up; and there is no elements of the existing defence provision be infringement to the liberty of the subject retained—namely, that the person put at risk in taking care of one who is a nuisance to of infection or infected with a controlled himself and a nuisance to others.” notifiable disease knew of the other person’s I am not seeking any interjections on this infection and voluntarily accepted the risk of subject. That attitude may have been being infected. It is interesting that both of appropriate at that time. However, 97 years those provisions are pretty much common later, there is no doubt in my mind that the Legislative Assembly 6521 3 December 1993 legislative framework provided by that Act is designated drug and alcohol agencies, behind the times and out of step with the general hospitals and psychiatric hospitals modern approach to the treatment of people throughout Queensland. Use of the Mental with alcohol and drug dependencies. Health Act to provide for compulsory treatment A discussion paper on the review of the will ensure that the personal freedom of Inebriates Institutions Act was released, and individuals is not infringed. That is the responses to this paper show that there is still difference between the Mental Health Act and general agreement within the community that the Act being repealed. These safeguards access to appropriate treatment for people ensure that inappropriate enforced with alcohol and other drug-related problems hospitalisation does not occur. In addition, the should be readily available. It also appears Patient Review Tribunal provides a further that there is still a need for legislative safeguard for anyone who is compulsorily provisions for compulsory treatment under committed for treatment under the Mental certain circumstances. However, for a number Health Act. Those safeguards have to be in of reasons, the Inebriates Institutions Act is place to protect people who find themselves clearly inappropriate for these purposes and, committed to treatment when they really do in many cases, is actually counterproductive. not need to be. That can sometimes occur. The first reason is that the Wacol The Government will undertake a Rehabilitation Clinic is the only treatment significant education and training program for facility to which the provisions of the Act apply. health, welfare and legal professionals about Secondly, the provisions in the Act for the changes to the legislation and how the compulsory treatment are cumbersome, provisions of the Mental Health Act and/or because they require recourse to the legal other voluntary treatment interventions can be system, and are inappropriate in that they used to provide treatment for people suffering require legal professionals to make decisions from alcohol and other drug-related problems. about health matters that lie outside their area The repeal of the Inebriates Institutions of expertise. Thirdly, the provisions for self- Act 1896 will see the removal of legislation committal have been found to be that is cumbersome, archaic and counterproductive for patients, other patients counterproductive in many of its provisions. As in the clinic and staff. The behaviour of self- well, the repeal of that Act will clear the way for committed people has frequently proven to be the human and physical resources currently chaotic in nature, and the outcome of their employed at the Wacol Rehabilitation Clinic to treatment of a poor or questionable standard. be spread more equitably across the State. I As well, the Act does not provide for the support the repeal of that Act. appropriate discharge in such circumstances. Mr CAMPBELL (Bundaberg) (3.28 p.m.): Lastly, contingencies within the Act that apply I congratulate the Minister on the introduction for misbehaviour in the clinic, which include of this legislation, which modernises the health drinking or drug taking and acts of a violent legislation of this State. I am concerned that nature, are totally outdated and are negative technology is driving health policy. Our health rather than positive reinforcers of more policy must be directed to ensuring that appropriate behaviour. people receive the health services that they The working party also found that it was need rather than focusing merely on the not uncommon for people who were heavily technology being developed by specialists, dependent on alcohol or other drugs to show doctors and researchers. a range of psychiatric behaviours that not only I want to refer to day surgery. A decade placed themselves at a risk but also other ago, that concept was not even thought of. people. Long-term heavy use of alcohol and Now, many surgical procedures are being some drugs can also cause brain damage, carried out in such a way that people do not with the consequent impairment of a person’s have to spend time in hospital. New ability to think and behave in a manner technology has enabled that to occur. conducive to the maintenance of his or her Consequently, we must enact a new definition health. Therefore, provisions for compulsory for “day hospital”. If we do not modernise our treatment are still required for people suffering thinking, we will not keep up. For example, from these alcohol and drug-induced some people still refer to hospital beds. That is conditions. a nonsense. Upon repeal of the Inebriates Institutions Procedures and services are needed. Act 1896, the working party recommended The debate on whether or not we should have that the Mental Health Act 1974 be used to X number of hospital beds is irrelevant. It is provide for compulsory treatment at irrelevant to talk about the number of hospital 3 December 1993 6522 Legislative Assembly beds, because the issue is day surgery. The performed. At a cost of $5,000 each for the McKay report into south-east Queensland full procedure, as a result of last year’s hospital services recommended that operations, $750m worth of hips are now Queensland should aim to increase its running around Australia, which the proportion of day surgery from 15 per cent to Government would not have planned for in 30 per cent over the next five years. In some any policy. I congratulate the Minister on overseas countries, 45 to 50 per cent of modernising the provision of health services surgery is performed in day surgeries. We still and providing all of those plastic hips for have long way to go. That is why the Bill people throughout Australia. The Government defines “day surgery”. is keeping up with modern technology. Day I had the pleasure of attending the surgery is here to stay and is providing many opening of the Bundaberg Friendly Society extra services with less pain. Private Hospital extensions, which cost $5m. A Hon. K. W. HAYWARD (Kallangur— large part of the extensions were the day Minister for Health) (3.33 p.m.), in reply: I surgery facilities. It was good to see that thank all members who participated in the hospital keeping up with modern technology debate on the Bill. As was signalled in my and providing those first-class facilities in second-reading speech, the intention is to Bundaberg. The 1937 definition has been introduce one of these Bills on a yearly basis changed so that “day hospital” means— so that the Government can continue to keep “. . . a hospital that provides surgical or various matters of health legislation as up to medical treatment by a medical date as it can. Again, I thank all members who practitioner that does not require made a significant contribution to the debate. overnight hospitalisation.” I will spend a couple of minutes Under that new definition, the surgical or addressing a couple of specific issues that medical treatment appropriate for a day were raised by the shadow Minister. One issue hospital no longer must be prescribed by related to clause 11, which refers to the regulation. The rapid changes in technology Cremation Act and ministerial permission to and their application to medical procedures cremate in places other than a crematorium. means that any attempt to prescribe such The question was asked whether or not that treatment in regulation would be constantly permission should have been devolved to overtaken by evolving treatment. In short, local government, too. The Government has attempting to prescribe surgical or medical moved to the stage of implementation of the treatment is impracticable. issues as outlined within the business regulation review process, and we have The second change in the new definition eliminated the necessity for much of that Act. allows for general practitioners and specialists On that issue, all I can plead is that members to provide treatment in day hospitals. That is give the Government more time. The “other important in our provincial and country areas. place” provisions are rarely requested. The Following on from those amendments, there is problem with their being rarely requested is a need for the new definition of “day hospital” that local governments have very little or no to include a provision that makes it very clear experience in those matters. That is the only that medical centres and general practice reason why, at this stage, we have retained rooms do not fall within the definition and that notion of permission with me, the hence are not subject to private hospital Minister. However, there are plans for the licensing provisions. Therefore, proposed new remainder of the Act to be reviewed again in section 63A (4) states— the context of the review of the Coroner’s Act. “Premises ordinarily used by a The issue of ultimate devolution to local medical practitioner for patient government of permission to cremate at other consultation, diagnosis and treatment are places will be considered then. not a day hospital.” During the debate, the issue of the It is very important that that provision is Dental Prosthetists Board, and in particular its included in the Bill so that the definition does examinations, was raised. Although that is not not catch ordinary doctors’ rooms. specifically covered within the context of the The Government is taking account of new Bill, I am happy to make some comments on technology. We are keeping up. We can have that issue. I am aware of the concerns. policy-driven health services rather than Allegations were raised by two or three dental services driven only by technology. In 1976, in technicians who failed the examination to be Australia, five hip replacement operations registered as dental prosthetists. I am aware were performed. Last year, 150 000 were of those allegations. Some of my staff and departmental officers met with the people, Legislative Assembly 6523 3 December 1993 listened to their allegations and gave them an offence under subsection (2A) if, when extremely sympathetic hearing. the disease was transmitted to the other After consultation with the assessment person, the other person— committee and the board, I am of the opinion (a) knew the person was infected that the problem is one of difficulty in passing with the disease; and the examination—I am sure that the (b) voluntarily accepted the risk of honourable member would understand what I being infected.” mean when I say that—rather than a lack of fairness by those conducting the examination. The issue there is “infecting” the person. The point was made that, if those people do These are tough and complex issues. In not accept that and if they feel that something the end, one must consider what is a of an untoward nature has been done to reasonable defence. If someone were them, they should take the advice that they charged under the Act with deliberately or have already been given, and that is to refer recklessly infecting someone and it was found the issue to the Criminal Justice Commission. that the person who was infected or put at risk In the end, those people could resit the knew that that person was going to be examination. No-one is excluding them from infected or put at risk, that person is in a pretty the process of being able to sit for the strong position and has a reasonable defence examination. on that issue. It is based on the principle of Mr Horan: They had a problem there, whether or not one can commit an offence too. when the complaining party has been fully informed and has chosen to accept the risk. It Mr HAYWARD: As I said—— then makes it a very difficult circumstance not Mr Horan: They were given certain advice to acknowledge that within the context of the to wait for something to come back and then Bill. resit, and when they got that advice it was too Matters were raised about clause 40 of late. the Health Rights Commission Act. I think the Mr HAYWARD: Sure. The opportunity to point might have been made that it gives rise resit the examination will be presented. If to a double-jeopardy position. That is certainly those people think that something untoward not the intention of the legislation. This clause has occurred, they should refer the matter to was changed at the express request of the the Criminal Justice Commission. commissioner. What it is meant to do—and I am not deliberately making my reply what it should do—is provide some advantage quickly. However, given the time and for a complainant because it allows the members’ commitments this afternoon, it is complainant to keep alive a legal action. In probably appreciated. Another issue raised other words, a complainant can keep going was that of controlled notifiable diseases. with a legal action until the hearing begins Reference was made to proposed new while still trying to resolve the matter through sections (2B) and (2C) in the amendments to the Health Rights Commission. I believe this is section 48 of the Health Act. Clause 26 (2B) an important amendment. As I said, it was states— changed at the request of the commissioner, but the real purpose was to keep things going “A person does not commit an so that there was the potential to resolve a offence against subsection (2) if, when problem, even though legal action was the other person was put at risk of pending. infection from the disease, the other person— Some comments were made about the Inebriates Institutions Act. As has been (a) knew the person was infected acknowledged by the member for Fitzroy, that with the disease; and archaic piece of legislation was introduced (b) voluntarily accepted the risk of when voluntary treatment for alcohol- being infected.” dependent persons was not readily available The issue is people being “at risk”. That within the community. However, as all provision means that people who were aware members would acknowledge, times have when they entered into whatever act they did changed and the range and diversity of with the other person that that person was at services for the treatment of alcohol and drug risk. Clause 26 (2C) states— dependent people has significantly increased. “A person does not commit an The purpose of this Bill is to repeal the legislative framework for the treatment of inebriates. The service delivery institution 3 December 1993 6524 Legislative Assembly could continue to exist following that repeal. Mr HORAN: (3.45 p.m.): Again, the However, the decision has been made—and Minister has addressed this issue which I this has been mentioned by a couple of raised in my speech, but I acknowledge that it members during this debate—that the is an extremely difficult issue. This clause institutional approach to inebriation is not the states— most effective way to deal with that problem. “A person must not deliberately or Consequently, the Wacol Rehabilitation Clinic recklessly put someone else at risk of is and will be decommissioned. infection from a controlled notifiable I take this opportunity to thank those disease.” members who participated in this debate for We are talking specifically about HIV. A their constructive contributions. I particularly person could be put at risk of that disease take the opportunity to thank the members of through sex, the use of needles or through my committee. some other method by which blood is Motion agreed to. exchanged. The clause states further— “A person does not commit an offence . . . if, when the other person was Committee put at risk of infection from the disease, Hon. K. W. Hayward (Kallangur—Minister the other person— for Health) in charge of the Bill. (a) knew the person was infected Clauses 1 to 10, as read, agreed to. with the disease; and (b) voluntarily accepted the risk of Clause 11— being infected.” Mr HORAN (3.43 p.m.): I think that, in his That is really the opposite of what is printed reply, the Minister has to some extent satisfied just above that in relation to an offence. The some of my concerns about this clause, which Health Department, all sorts of AIDS councils deals with permission to cremate at various and organisations are advertising and places. I mentioned giving to local promoting how important it is to practise safe government the role of decision making in sex, and for a clean needle exchange and relation to crematoria. Under this clause, local that, if people do not adopt these practices, government does not have that role. The they are putting others at risk of one of the Minister has indicated that this will be most serious diseases in existence. Once reviewed. those people are infected, they can then pass I have one particular concern. People that disease on to other people, and so on. who seek to carry out a cremation at a place We are really facing a bit of a conundrum other than a crematorium can appeal against here. the Minister’s refusal to grant that permission. Perhaps it is a terrible thing for a Health But if the Minister decides that a cremation Department to have this in the legislation. It should take place—perhaps it might be a goes completely against what the Minister is particular ethnic cremation that people might probably promoting and trying to teach. In a wish to take place on a river bank—and if the way, these clauses—and I refer to the clauses local government does not agree with that, just above this one—are probably reckless in there is no opportunity for that local their intent and contrary to public good, and government to appeal against the Minister’s both fly in the face of the AIDS prevention decision. policy of the Minister’s department. I suppose Mr HAYWARD: As I said, this is not a what it really comes down to is that if situation that arises often. It is a pretty rare someone knowingly is carrying AIDS, that request. I am informed that, basically, the person must not place any other person at risk procedure would be that, in the process of of catching that deadly disease—whether that determining such an issue, we would consult person puts them at risk in a forced situation very strongly with the relevant local or whether they are put at risk voluntarily. We government that was involved in the particular are really talking about public risk and circumstance. responsibility. In these sorts of circumstances there are probably many opportunities when Clause 11, as read, agreed to. the person who might take the risk of being Clauses 12 to 25, as read, agreed to. infected could be a young person who could well be ill-educated or may have an intellectual Clause 26— disability, but certainly might be in a disadvantaged position in which it is difficult to Legislative Assembly 6525 3 December 1993 be fully informed of that risk, whereas the Mr HORAN: In my final comment on this person carrying the disease could have full clause, I emphasise that the important part of knowledge of how dangerous that disease is. the clause is use of the terminology We are really considering to what extent “deliberately or recklessly”. If a person who has we should go to make people who are AIDS has sex with or shares a needle with carrying what might be described as a time another person and it is unprotected sex and bomb of a disease responsible and to what a dirty needle, there is no doubt in my mind extent can legislation be softened—as it is that it is a deliberate or reckless act, here—so that the person with the disease is regardless of whether the person to whom the not put in a situation in which he or she can act is done or with whom the act is shared is say, “I can get out of it this way, because the forced or whether the person knows that the other person knowingly entered into this AIDS sufferer has the disease and voluntarily particular act.” accepts the risk. I appreciate that the Minister is trying to explain the difficulties at law; but as Mr HAYWARD: I thought I covered this a society, we have not had many years to issue pretty well before but, as I said, I believe deal with the modern AIDS disease, and the that this clause very strongly provides a absolute essence of prevention is reasonable defence if that circumstance were responsibility, which means safe sex and to occur. Clause 26 (2B) states— clean needles. “A person does not commit an A lot of people find the idea of needle offence against subsection (2) if, when exchange clinics abhorrent but, apparently, the other person was put at risk of the program is working in the control of AIDS. infection from the disease, that person— The purpose of such measures is to prevent people from being deliberate or reckless. If a (a) knew the person was infected person were to be involved with an AIDS with the disease; and sufferer in the activities I have mentioned, that (b) voluntarily accepted the risk of person would really be committing a slow form being infected.” of suicide. I strongly make the point that Clause 26 (2C) describes a very similar issue people who have a notifiable disease such as regarding infection. I think reference needs to HIV, to which this clause specifically relates, be made to section 2, which states— must in every way act responsibly. In many cases, responsibility may need to be forced ”A person must not deliberately or upon them by the Government for the good of recklessly put someone else at risk of people who do not have the disease. infection from a controlled notifiable I also wish to comment on subclause disease.” (2D). My comments probably indicate that my As the shadow Minister said, this provides thoughts are going in the opposite direction in some defence from that occurring, but I think relation to this subclause, but the clause it is important, when we address these issues, states that it will be sufficient if a complaint to remember that we are dealing with people states that the person charged carried out the who are not being forced; we are dealing with act deliberately or recklessly. In some ways, people who are in a position to make choices. the clause does not provide for much detail of It would strike me as a very difficult situation at what happened, which would normally be the law if a complainant who was fully informed— case in a criminal complaint. Perhaps I can and that is what it is about, being fully now see the reason for it, namely, to try in as informed—chose to accept the risk of infection many instances as possible to get the case to and then was in a position to make a come under (2A) rather than under (2B) or complaint against the person who was also (2C). involved in what was, in fact, a consenting act. Clause 26, as read, agreed to. I do not run away from the fact that this is a very complex issue. However, the whole of Clauses 27 and 28, as read, agreed to. clause 26 represents an attempt to take Clause 29— account of something that can be very difficult Mr HORAN (3.54 p.m.): I have a question to put into legislative form, and that, of course, relating to day hospitals. The member for is human nature. It recognises that individuals Bundaberg referred to this and explained how have the right and the ability to make choices. medical centres and general practitioners' One of those choices among the many that all rooms are not examples of day hospitals. In of us make during our lives is the acceptance fact, a number of day surgeries are an integral of risk. part of medical centres. Does the Minister regard that as causing any difficulty? I know 3 December 1993 6526 Legislative Assembly that, in Toowoomba, there is a day hospital director-general which is referred to in section physically located in the medical centre and it 100E but, basically, the clause is about the is part of the whole complex. transfer of information and is designed to Mr HAYWARD: I am not exactly clear on assist in planning, the allocation of funds and the matter raised by the honourable member. operational activities. It is also designed to Basically, the clause refers to section 63A (1) assist the undertaking of what we all just have and (2). to accept is valid research in order to improve health outcomes. Mr Horan: Yes, but I am talking about (4). Clause 30, as read, agreed to. Mr HAYWARD: Right. Basically, this Clause 31— provision is all about spelling out exactly what Mr HORAN (3.58 p.m.): The explanation is meant by “day hospital”. The clause is given by the Minister in relation to the previous designed to deal with changes that have clause is satisfactory. occurred in modern medicine, as referred to Clause 31, as read, agreed to. by the member for Bundaberg. I think it is helpful to look at the examples that are Clauses 32 to 39, as read, agreed to. provided in (4) that illustrate the premises that Clause 40— are not day hospitals. That comfort provision Mr HORAN (3.59 p.m.): During the in the clause provides some opportunity for second-reading debate, I referred to this clarification. The point that should be made is provision really being a matter of double that, in the end result, day hospitals will be jeopardy. Under the Act, the current practice is licensed separately. that an inquiry cannot be undertaken by the Clause 29, as read, agreed to. Health Rights Commission while a civil matter Clause 30— concerning an incident or a procedure is under way. This amendment means that regardless Mr HORAN (3.56 p.m.): This clause of whether action is subject to a civil trial or relates to secrecy, and I wish to refer to the jurisdiction, it can still be investigated and proposed new section 100E (3) (b) (i) and (ii) proceeded with by the Health Rights because the intent seems to be to take away Commission. That really means that in that secrecy provisions that apply to a person process a decision may be made or arrived at conducting scientific research under section by the Health Rights Commission which could 154 or to a person holding an appointment jeopardise the particular civil case that is going that corresponds to the position of director- to take place at some consequent time. That general. The Opposition is concerned that would be to the disadvantage of the confidentiality and secrecy provisions do not defendant. apply in those circumstances. I ask the Minister to explain the difference between that The other thing to consider is that the and the provisions that apply in other areas. Health Rights Commission does not operate under rules of evidence; whereas, the civil Mr HAYWARD: I am not sure that I have hearing would operate under the rules of picked up the point made by the honourable evidence. Therefore, that particular case could member. I think we are talking about new be subject to a different system of section 100E, which relates to confidentiality. investigation to that which it would be finally Basically, this clause deals with a transfer of subject to once it came to a civil court. To the information to the Commonwealth. The sort of Opposition, it appears to be a matter of information covered by section 100E is double jeopardy. In his second-reading information regarding cancer. I wish to make speech, the Minister said that the that quite clear. commissioner had asked for this to be Mr Horan: I am referring to (3) (b) (i) and included so that it would be of advantage to (ii), and I believe that secrecy does not apply the complainant—so that the complainant in those two instances. would not be held up by waiting for this civil Mr HAYWARD: The clause states that litigation to take place. It certainly would be to the director-general may disclose information the disadvantage of the defendant. in any form to a person authorised to conduct Mr HAYWARD: I am sorry that I did not scientific research and studies under Section point out before that this provision is to keep 154M, or a person holding an appointment in things moving along while some legal action another State or the Commonwealth could be occurring. It should be clearly corresponding to the director-general. I understood that, in simple terms, all bets are assume that those people would hold a off once the hearing commences. The Health position that is equivalent to that of the Rights Commission can not pursue the matter Legislative Assembly 6527 3 December 1993 independently once the hearing commences. what they call “the modern drafting style”. It is Up until that stage, the commission is able to important for the Parliament to understand keep things going. It provides an opportunity that the Parliamentary Counsel certifies all for resolution of a conflict before the expense subordinate legislation being drafted. This is and other problems of legal action are simply a matter of drafting style. incurred. As explained to me by the Health Clause 45, as read, agreed to. Rights Commissioner, we should endeavour to use every avenue to try to resolve problems Clause 46 to 109, as read, agreed to. before they reach the court. Once they reach Clause 110— the court and hearings commence, then it is Mr HORAN (4.05 p.m.): This clause deals all over for the Health Rights Commissioner. It with a definition of “tissue”. It introduces into will not be going in tandem then. the definition the terminology “human foetus”. Mr HORAN: I appreciate that, but I make As there is really nothing in the Explanatory the final comment that it can potentially Notes and nothing in his speech about that, I produce a situation of double jeopardy. I can ask the Minister: why has that been added to see what the commission is about in trying to the definition? seek resolution. When one looks through the Mr HAYWARD: This is to ensure that we Health Rights Commission report, one will see do not allow the sale of blood or organs. It is the pyramid effect that most complaints are to ensure that in this particular case— dealt with at a lower level. Eventually, a certain number do reach that higher jurisdiction and “(a) an organ, blood or part of— go into court. In those particular cases, a (i) a human body; or finding by the Health Rights Commission (ii) a human foetus; or which might be at variance with the finding that is going to be made at a higher level of (b) a substance extracted from an litigation could disadvantage the defendant. I organ, blood or part of— want to make that point. (i) a human body; or Clause 40, as read, agreed to. (ii) a human foetus;” Clauses 41 to 44, as read, agreed to. is not for commercial sale. It is to ensure that it Clause 45— is not being sold. Mr HORAN (4.03 p.m.): The present Act Clause 110, as read, agreed to. restricts the Governor in Council to make Clauses 111 to 128, as read, agreed to. regulations relative to matters concerning the Schedule, as read, agreed to. Health Rights Commission Act. I am making a fairly fine point. This amendment could allow Bill reported, without amendment. open slather in the ability to make regulations that are not relative to the matters concerning Third Reading the Health Rights Commission Act. The original clause placed limits on the proper Bill, on motion of Mr Hayward, by leave, execution of the Act. As I said, he could make read a third time. regulations relative to matters concerning the Health Rights Commission Act. This clause SPECIAL ADJOURNMENT states— Hon. K. W. HAYWARD (Kallangur— “The Governor in Council may make Minister for Health) (4.07 p.m.): I move— regulations for the purposes of this Act.” “That the House, at its rising, do It seems to open it up and take it into a adjourn until 10 a.m. Wednesday, 8 broader scope, rather than the making of December 1993.” regulations simply concerning the Act. I ask the Minister: why does it need changing when The House adjourned at 4.08 p.m. it seems that the original clause was entirely satisfactory? The original clause stated that the Governor in Council could make regulations relative to matters concerning the Health Rights Commission Act. It kept the matters within the parameters of the Act. Mr HAYWARD: I understand the point that the honourable member is making. On checking, I found that the reason for this is