PARLIAMENT OF VICTORIA
PARLIAMENTARY DEBATES (HANSARD)
LEGISLATIVE ASSEMBLY
FIFTY-SEVENTH PARLIAMENT
FIRST SESSION
Wednesday, 4 September 2013 (Extract from book 11)
Internet: www.parliament.vic.gov.au/downloadhansard
By authority of the Victorian Government Printer
The Governor The Honourable ALEX CHERNOV, AC, QC The Lieutenant-Governor The Honourable Justice MARILYN WARREN, AC The ministry (from 22 April 2013)
Premier, Minister for Regional Cities and Minister for Racing ...... The Hon. D. V. Napthine, MP
Deputy Premier, Minister for State Development, and Minister for Regional and Rural Development ...... The Hon. P. J. Ryan, MP
Treasurer ...... The Hon. M. A. O’Brien, MP
Minister for Innovation, Services and Small Business, Minister for Tourism and Major Events, and Minister for Employment and Trade .. The Hon. Louise Asher, MP
Attorney-General, Minister for Finance and Minister for Industrial Relations ...... The Hon. R. W. Clark, MP
Minister for Health and Minister for Ageing ...... The Hon. D. M. Davis, MLC
Minister for Sport and Recreation, and Minister for Veterans’ Affairs .... The Hon. H. F. Delahunty, MP
Minister for Education ...... The Hon. M. F. Dixon, MP
Minister for Planning ...... The Hon. M. J. Guy, MLC
Minister for Higher Education and Skills, and Minister responsible for the Teaching Profession ...... The Hon. P. R. Hall, MLC
Minister for Ports, Minister for Major Projects and Minister for Manufacturing ...... The Hon. D. J. Hodgett, MP
Minister for Multicultural Affairs and Citizenship, and Minister for Energy and Resources ...... The Hon. N. Kotsiras, MP
Minister for Housing, and Minister for Children and Early Childhood Development ...... The Hon. W. A. Lovell, MLC
Minister for Public Transport and Minister for Roads ...... The Hon. T. W. Mulder, MP
Minister for Liquor and Gaming Regulation, Minister for Corrections and Minister for Crime Prevention ...... The Hon. E. J. O’Donohue, MLC
Minister for Local Government and Minister for Aboriginal Affairs ...... The Hon. E. J. Powell, MP
Assistant Treasurer, Minister for Technology and Minister responsible for the Aviation Industry ...... The Hon. G. K. Rich-Phillips, MLC
Minister for Environment and Climate Change, and Minister for Youth Affairs ...... The Hon. R. Smith, MP
Minister for the Arts, Minister for Women’s Affairs and Minister for Consumer Affairs ...... The Hon. H. Victoria, MP
Minister for Agriculture and Food Security, and Minister for Water ...... The Hon. P. L. Walsh, MP
Minister for Police and Emergency Services, and Minister for Bushfire Response ...... The Hon. K. A. Wells, MP
Minister for Mental Health, Minister for Community Services, and Minister for Disability Services and Reform ...... The Hon. M. L. N. Wooldridge, MP
Cabinet Secretary ...... Mr N. Wakeling, MP
Legislative Assembly committees
Privileges Committee — Ms Barker, Mr Clark, Ms Green, Mr Hodgett, Mr Morris, Mr Nardella, Mr O’Brien, Mr Pandazopoulos and Mr Walsh. Standing Orders Committee — The Speaker, Ms Allan, Ms Asher, Ms Barker, Mrs Fyffe, Mr Hodgett, Ms Kairouz and Mrs Powell.
Joint committees
Accountability and Oversight Committee — (Assembly): Ms Kanis, Mr McIntosh and Ms Neville. (Council): Mr O’Brien and Mr P. Davis. Dispute Resolution Committee — (Assembly): Ms Allan, Ms Asher, Mr Clark, Ms Hennessy, Mr Merlino, Mr O’Brien and Mr Walsh. (Council): Mr D. Davis, Mr Hall, Mr Lenders, Ms Lovell and Ms Pennicuik. Economic Development, Infrastructure and Outer Suburban/Interface Services Committee — (Assembly): Mr Burgess, Mrs Fyffe, Mr McGuire and Mr Shaw. (Council): Mrs Peulich. Education and Training Committee — (Assembly): Mr Brooks and Mr Crisp. (Council): Mr Elasmar and Mrs Kronberg. Electoral Matters Committee — (Assembly): Mr Northe. (Council): Mr Finn, Mrs Peulich, Mr Somyurek and Mr Tarlamis. Environment and Natural Resources Committee — (Assembly): Mr Bull, Ms Duncan, Mr Pandazopoulos and Ms Wreford. (Council): Mr Koch. Family and Community Development Committee — (Assembly): Ms Halfpenny, Mr McGuire and Mr Wakeling. (Council): Mrs Coote, Ms Crozier and Mr O’Brien. House Committee — (Assembly): The Speaker (ex officio), Ms Beattie, Mr Burgess, Ms Campbell, Mrs Fyffe, Ms Thomson and Mr Weller. (Council): The President (ex officio), Mr Drum, Mr Eideh, Mr Finn, Ms Hartland, and Mr P. Davis. Independent Broad-based Anti-corruption Commission Committee — (Assembly): Ms Hennessy, Mr McIntosh, Mr Newton-Brown and Mr Weller. (Council): Mr Viney. Law Reform, Drugs and Crime Prevention Committee — (Assembly): Mr Carroll, Mr McCurdy and Mr Southwick. (Council): Mr Ramsay and Mr Scheffer. Public Accounts and Estimates Committee — (Assembly): Mr Angus, Ms Hennessey, Mr Morris, Mr Pakula and Mr Scott. (Council): Mr O’Brien and Mr Ondarchie. Road Safety Committee — (Assembly): Mr Languiller, Mr Perera, Mr Tilley and Mr Thompson. (Council): Mr Elsbury. Rural and Regional Committee — (Assembly): Mr Howard, Mr Katos, Mr Trezise and Mr Weller. (Council): Mr Drum. Scrutiny of Acts and Regulations Committee — (Assembly): Ms Barker, Ms Campbell, Mr Gidley, Mr Nardella, Dr Sykes and Mr Watt. (Council): Mr Dalla-Riva.
Heads of parliamentary departments
Assembly — Clerk of the Parliaments and Clerk of the Legislative Assembly: Mr R. W. Purdey Council — Clerk of the Legislative Council: Mr W. R. Tunnecliffe Parliamentary Services — Secretary: Mr P. Lochert
MEMBERS OF THE LEGISLATIVE ASSEMBLY FIFTY-SEVENTH PARLIAMENT — FIRST SESSION Speaker: The Hon. K. M. SMITH Deputy Speaker: Mrs C. A. FYFFE Acting Speakers: Mr Angus, Ms Beattie, Mr Blackwood, Mr Burgess, Ms Campbell, Mr Gidley, Mr Languiller, Mr McCurdy, Mr McIntosh, Ms McLeish, Mr Morris, Mr Nardella, Mr Northe, Mr Pandazopoulos, Ms Ryall, Dr Sykes, Mr Thompson and Mr Weller. Leader of the Parliamentary Liberal Party and Premier: The Hon. D. V. NAPTHINE (from 6 March 2013) The Hon. E. N. BAILLIEU (to 6 March 2013) Deputy Leader of the Parliamentary Liberal Party: The Hon. LOUISE ASHER Leader of The Nationals and Deputy Premier: The Hon. P. J. RYAN Deputy Leader of The Nationals: The Hon. P. L. WALSH Leader of the Parliamentary Labor Party and Leader of the Opposition: The Hon. D. M. ANDREWS Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the Opposition: The Hon. J. A. MERLINO
Member District Party Member District Party Allan, Ms Jacinta Marie Bendigo East ALP Languiller, Mr Telmo Ramon Derrimut ALP Andrews, Mr Daniel Michael Mulgrave ALP Lim, Mr Muy Hong Clayton ALP Angus, Mr Neil Andrew Warwick Forest Hill LP McCurdy, Mr Timothy Logan Murray Valley Nats Asher, Ms Louise Brighton LP McGuire, Mr Frank 6 Broadmeadows ALP Baillieu, Mr Edward Norman Hawthorn LP McIntosh, Mr Andrew John Kew LP Barker, Ms Ann Patricia Oakleigh ALP McLeish, Ms Lucinda Gaye Seymour LP Battin, Mr Bradley William Gembrook LP Madden, Mr Justin Mark Essendon ALP Bauer, Mrs Donna Jane Carrum LP Merlino, Mr James Anthony Monbulk ALP Beattie, Ms Elizabeth Jean Yuroke ALP Miller, Ms Elizabeth Eileen Bentleigh LP Blackwood, Mr Gary John Narracan LP Morris, Mr David Charles Mornington LP Brooks, Mr Colin William Bundoora ALP Mulder, Mr Terence Wynn Polwarth LP Brumby, Mr John Mansfield 1 Broadmeadows ALP Napthine, Dr Denis Vincent South-West Coast LP Bull, Mr Timothy Owen Gippsland East Nats Nardella, Mr Donato Antonio Melton ALP Burgess, Mr Neale Ronald Hastings LP Neville, Ms Lisa Mary Bellarine ALP Campbell, Ms Christine Mary Pascoe Vale ALP Newton-Brown, Mr Clement Arundel Prahran LP Carbines, Mr Anthony Richard Ivanhoe ALP Noonan, Mr Wade Mathew Williamstown ALP Carroll, Mr Benjamin Alan 2 Niddrie ALP Northe, Mr Russell John Morwell Nats Clark, Mr Robert William Box Hill LP O’Brien, Mr Michael Anthony Malvern LP Crisp, Mr Peter Laurence Mildura Nats Pakula, Mr Martin Philip 7 Lyndhurst ALP D’Ambrosio, Ms Liliana Mill Park ALP Pallas, Mr Timothy Hugh Tarneit ALP Delahunty, Mr Hugh Francis Lowan Nats Pandazopoulos, Mr John Dandenong ALP Dixon, Mr Martin Francis Nepean LP Perera, Mr Jude Cranbourne ALP Donnellan, Mr Luke Anthony Narre Warren North ALP Pike, Ms Bronwyn Jane 8 Melbourne ALP Duncan, Ms Joanne Therese Macedon ALP Powell, Mrs Elizabeth Jeanette Shepparton Nats Edwards, Ms Janice Maree Bendigo West ALP Richardson, Ms Fiona Catherine Alison Northcote ALP Eren, Mr John Hamdi Lara ALP Ryall, Ms Deanne Sharon Mitcham LP Foley, Mr Martin Peter Albert Park ALP Ryan, Mr Peter Julian Gippsland South Nats Fyffe, Mrs Christine Ann Evelyn LP Scott, Mr Robin David Preston ALP Garrett, Ms Jane Furneaux Brunswick ALP Shaw, Mr Geoffrey Page 9 Frankston Ind Gidley, Mr Michael Xavier Charles Mount Waverley LP Smith, Mr Kenneth Maurice Bass LP Graley, Ms Judith Ann Narre Warren South ALP Smith, Mr Ryan Warrandyte LP Green, Ms Danielle Louise Yan Yean ALP Southwick, Mr David James Caulfield LP Halfpenny, Ms Bronwyn Thomastown ALP Sykes, Dr William Everett Benalla Nats Helper, Mr Jochen Ripon ALP Thompson, Mr Murray Hamilton Ross Sandringham LP Hennessy, Ms Jill Altona ALP Thomson, Ms Marsha Rose Footscray ALP Herbert, Mr Steven Ralph Eltham ALP Tilley, Mr William John Benambra LP Hodgett, Mr David John Kilsyth LP Trezise, Mr Ian Douglas Geelong ALP Holding, Mr Timothy James 3 Lyndhurst ALP Victoria, Ms Heidi Bayswater LP Howard, Mr Geoffrey Kemp Ballarat East ALP Wakeling, Mr Nicholas Ferntree Gully LP Hulls, Mr Rob Justin 4 Niddrie ALP Walsh, Mr Peter Lindsay Swan Hill Nats Hutchins, Ms Natalie Maree Sykes Keilor ALP Watt, Mr Graham Travis Burwood LP Kairouz, Ms Marlene Kororoit ALP Weller, Mr Paul Rodney Nats Kanis, Ms Jennifer 5 Melbourne ALP Wells, Mr Kimberley Arthur Scoresby LP Katos, Mr Andrew South Barwon LP Wooldridge, Ms Mary Louise Newling Doncaster LP Knight, Ms Sharon Patricia Ballarat West ALP Wreford, Ms Lorraine Joan Mordialloc LP Kotsiras, Mr Nicholas Bulleen LP Wynne, Mr Richard William Richmond ALP Languiller, Mr Telmo Ramon Derrimut ALP
1 Resigned 21 December 2010 6 Elected 19 February 2011 2 Elected 24 March 2012 7 Elected 27 April 2013 3 Resigned 18 February 2013 8 Resigned 7 May 2012 4 Resigned 27 January 2012 9 LP until 6 March 2013 5 Elected 21 July 2012
CONTENTS
WEDNESDAY, 4 SEPTEMBER 2013 Dingley bypass ...... 2910, 2911 Industrial action ...... 2912 ACTING COMMISSIONER, INDEPENDENT ABSENCE OF MINISTER ...... 2906 BROAD-BASED ANTI-CORRUPTION COMMISSION ...... 2867 SUSPENSION OF MEMBER PROFESSIONAL BOXING AND COMBAT SPORTS Minister for Roads ...... 2911 AMENDMENT BILL 2013 OPEN COURTS BILL 2013 Introduction and first reading...... 2867 Second reading ...... 2945 BUSINESS OF THE HOUSE ADJOURNMENT Notices of motion ...... 2867 Bendigo mental health services ...... 2965 DOCUMENTS ...... 2867 Bushfire management overlay ...... 2966 PARLIAMENTARY COMMITTEES Buckley Street, Essendon ...... 2966 Yarrawonga sporting event funding ...... 2967 Membership ...... 2867 Albert Park Primary School ...... 2967 MEMBERS STATEMENTS Melbourne Festival ...... 2968 Living Victoria Fund ...... 2867 Metropolitan Fire Brigade mechanical Eastern Innovation Business Centre ...... 2867 workshop...... 2968 Cheryl Congreve ...... 2867 Wimmera–Mallee pipeline ...... 2969 East–west link ...... 2868, 2869, 2871, 2873 Country Fire Authority Fiskville facility ...... 2969 Fire services property levy ...... 2868 Baxter-Tooradin–Fisheries–Cannons Creek Victorian athletes sporting achievements ...... 2868 roads, Devon Meadows ...... 2970 Legacy Week ...... 2869 Responses ...... 2970 Supported accommodation fees ...... 2869 Yan Yean electorate ...... 2869 Kangaroo Flat Country Fire Authority brigade ...... 2870 Carrum electorate roads ...... 2870 Transport infrastructure...... 2870, 2871, 2872 Cranbourne University of the Third Age ...... 2871 Broadmeadows electorate infrastructure ...... 2872 Brunswick Secondary College ...... 2872 Geelong East Primary School ...... 2873 Barwon Valley School ...... 2873 Indian community food programs ...... 2874 MATTERS OF PUBLIC IMPORTANCE East–west link ...... 2874 STATEMENTS ON REPORTS Outer Suburban/Interface Services and Development Committee: growing the suburbs ...... 2894, 2898 Public Accounts and Estimates Committee: budget estimates 2013–14 (part 1)...... 2895, 2896 Economic Development and Infrastructure Committee: local economic development initiatives ...... 2897 Education and Training Committee: education of gifted and talented students ...... 2897 STATUTE LAW REVISION BILL 2013 Statement of compatibility ...... 2899 Second reading ...... 2899 FISHERIES AMENDMENT BILL 2013 Statement of compatibility ...... 2900 Second reading ...... 2901 CHILDREN, YOUTH AND FAMILIES AMENDMENT BILL 2013 Second reading ...... 2902, 2913 QUESTIONS WITHOUT NOTICE East–west link ...... 2904, 2905, 2907, 2910, 2911 Regional and rural water infrastructure ...... 2906 Drug initiatives ...... 2909
ACTING COMMISSIONER, INDEPENDENT BROAD-BASED ANTI-CORRUPTION COMMISSION
Wednesday, 4 September 2013 ASSEMBLY 2867
Wednesday, 4 September 2013 PARLIAMENTARY COMMITTEES The SPEAKER (Hon. Ken Smith) took the chair at Membership 9.33 a.m. and read the prayer. The SPEAKER — Order! I have received the ACTING COMMISSIONER, INDEPENDENT resignations of Mr Battin from the Education and BROAD-BASED ANTI-CORRUPTION Training Committee and Mr Foley from the Economic COMMISSION Development, Infrastructure and Outer Suburban/Interface Services Committee, effective from The SPEAKER — Order! I wish to advise the Tuesday, 3 September 2013. house that on 3 September 2013 I administered to Murray Bryon Kellam, the acting commissioner, MEMBERS STATEMENTS Independent Broad-based Anti-corruption Commission, the oath required by section 31 of the Independent Living Victoria Fund Broad-based Anti-corruption Commission Act 2011. Mr WALSH (Minister for Water) — The coalition PROFESSIONAL BOXING AND COMBAT government is committed to generational change in the SPORTS AMENDMENT BILL 2013 way Melbourne plans for and uses water. The previous Labor government failed to plan for Melbourne’s future Introduction and first reading water needs, and we inherited a desalination plant and a north–south pipeline because of that failure. Ms ASHER (Minister for Innovation, Services and Small Business) — I move: The $50 million Living Victoria Fund is a key part of That I have leave to bring in a bill for an act to amend the delivering our water future in Melbourne. I recently had Professional Boxing and Combat Sports Act 1985, to make the pleasure of being with the member for Caulfield to consequential amendments to the Casino Control Act 1991 announce the first project funded out of that fund: the and the Racing Act 1958 and for other purposes. Albert Park Lake stormwater harvest and flood Mr EREN (Lara) — I ask the minister to give a mitigation scheme. The $995 000 from the Living brief explanation of the bill. Victoria Fund for that project will help to save an additional 150 million litres of drinking water, reducing Ms ASHER (Minister for Innovation, Services and the cost of water bills for water consumers around Small Business) — The bill will bring in some Albert Park Lake by about $330 000 per year. The regulatory changes to who is deemed to be a fit and project will also assist with flood mitigation in the proper person in the regulation of boxing. I also advise Southbank area and reduce the volume of stormwater the shadow Minister for Sport and Recreation that he running into Port Phillip Bay. needs to be on top of the front page of the Herald Sun. Eastern Innovation Business Centre Motion agreed to. Mr WALSH — The member for Mount Waverley Read first time. recently announced on my behalf a grant of $245 000 to the Monash City Council’s Eastern Innovation BUSINESS OF THE HOUSE Business Centre at Mulgrave. The grant will help the Notices of motion centre to switch to recycled water for non-drinking purposes like flushing toilets, building cooling and The SPEAKER — Order! Notices of motion 7 to green wall irrigation and will save approximately 16 will be removed from the notice paper unless 635 000 litres of water that will be recycled for indoor members wishing their notice to remain advise the use at that facility. Clerk in writing before 6.00 p.m. today. Cheryl Congreve DOCUMENTS Ms KAIROUZ (Kororoit) — I rise to pay tribute to Tabled by Clerk: a local branch member and ALP activist, Cheryl Congreve, who passed away on 23 August, aged only Auditor-General: 61. I knew Cheryl for only a little over five years, but Asset Confiscation Scheme — Ordered to be printed she made quite an impression.
Report 2012–13.
MEMBERS STATEMENTS
2868 ASSEMBLY Wednesday, 4 September 2013
Cheryl was a loyal party member for over 30 years, Eight of Victoria’s leading industry and membership joining the St Albans branch of the ALP in 1982. organisations support the east–west link — namely, the Through thick and thin, in good times and in bad, Victorian Employers Chamber of Commerce and Cheryl would always campaign and organise for the Industry, the Victorian Automobile Chamber of ALP. Over her 30 years of involvement Cheryl was a Commerce, the Australian Logistics Council, the AI regular fixture in local government elections and state Group, Infrastructure Partnerships Australia, the Master and federal campaigns. Be it letterboxing, Builders Association of Victoria, the Property Council doorknocking or handing out material at booths bright of Australia and the RACV. They all support the and early, Cheryl was always there. She opened her Napthine government’s decision on the east–west link, house to strangers for party fundraisers and branch as do the voters in Evelyn and Monbulk. meetings in her capacity as the long-serving secretary of the St Albans ALP branch. Fire services property levy
Cheryl was always well read and followed keenly the Mr PALLAS (Tarneit) — The fire services property politics of the day. She would often pop into the office levy is a botched reform that this government has been after finishing her shopping to have a chat about the advertising as a simpler and fairer system, but that is latest Newspoll or the political machinations of the hour not what it has delivered. There are a lot of people who with me and my staff. She was not afraid to express her are getting a shock when they receive their rates views on issues. Whether you were the Prime Minister notices, which include the embedded Napthine or the local ALP member — it did not matter — Cheryl government new fire services property levy. Members told you where she stood. of my community have approached my office having discovered there have been huge increases in their fire I was honoured to speak at Cheryl’s funeral yesterday. services contribution with no corresponding decrease in It was a celebration of the life of a strong woman with their insurance rates. One of the more ridiculous passionate opinions who was taken far too soon. My situations is that people are being charged the thoughts and prayers are with her husband, Ray, and commercial rate of car parks and ATMs. The her family. Rest in peace, Cheryl. commercial rate, about 10 times more than the residential rate, is also applied to investment units, and East–west link often owners will have no choice but to pass them on to residents. Mrs FYFFE (Evelyn) — The east–west link is a vital economic project for Melbourne, Victoria, my Jennie, who lives in my community, has seen her rates electorate and the electorate of Monbulk for the increase by 450 per cent, but many of her renters are in movement and delivery of Yarra Valley produce — a vulnerable position because they are disability flowers, berries and other goods for air freight — across pensioners. The Treasurer, who has insultingly the state. The growers who travel to the markets in the described these people as asset rich and income poor dead of the night and then drive back to the valley to and the sort of people we should not care about, has work their farms and manage pickers are all delighted changed his tune remarkably since he was in at the Napthine government’s strong plans to grow opposition, when he railed against the effects of land Victoria, which will help businesses save time and tax increases on exactly this class of people. When will money. this government acknowledge that it has completely botched the fire services levy? It should review the levy Not only are the businesses and farms in my electorate so that it lives up to the claim of it being a simpler and looking forward to the east–west link, but so are all of fairer tax, because at the moment it is neither. us who drive to the airport and are frequently caught up in bottlenecks at the risk of missing flights. Locals who Victorian athletes sporting achievements work in the city and locals who travel anywhere in Melbourne see the benefits of how the east–west link Mr DELAHUNTY (Minister for Sport and will reduce congestion on other roads and free up traffic Recreation) — On Monday I was delighted to learn that flows, saving time and money. The east–west link will in just one week Victoria celebrated six state athletes bust congestion, grow our economy and create more winning international events for surfing, swimming, than 3000 jobs. The only people who are opposing the mountain biking, rowing and Paralympic cycling. As east–west link are the do-nothing ditherers on the other Minister for Sport and Recreation, on behalf of all side. Voters in Evelyn and Monbulk want the east–west Victorians I would like to pass on my congratulations to link; they want freer movement of traffic as they get on our state’s sporting stars on their extraordinary with their business and daily lives. achievements.
MEMBERS STATEMENTS
Wednesday, 4 September 2013 ASSEMBLY 2869
Victoria’s latest international champions are: Kim disability support pension and the total of Crow, who won the single sculls at the World Rowing commonwealth rent assistance. Championships in South Korea; Mack Horton, who won seven medals at the 2013 World Junior Swimming Yan Yean electorate Championships in Dubai; Carol Cooke, who won two titles at the Para-cycling Road World Championships in Ms GREEN — It was of much interest and Canada; Michael Gallagher, who claimed victory in the amusement that after nearly 1000 days in office a leader men’s C5 time trial also at the Para-cycling Road of this government finally came to the most populous World Championships in Canada; Paul van der Ploeg, electorate in the state. The electorate of Yan Yean will who won the gold medal for the men’s cross-country not forget the neglect. It is a bit over 12 months until mountain biking eliminator at the 2013 Mountain Bike the next election, and my constituents will not forget and Trials World Championships in South Africa; and how this government has forgotten them. Nikki van Dijk, who won the Pantin Classic Galicia Pro surfing competition, securing a spot as the first ever East–west link Victorian to qualify for the Association of Surfing Mr WAKELING (Ferntree Gully) — Members of Professionals Women’s World Championship Tour. the Labor opposition are in complete disarray when it The range of sporting achievements we are celebrating comes to their position on the congestion-busting, demonstrates the talent in Victoria’s sporting industry. nation-building east–west link. While their leader, This is an exciting time for sport, and I congratulate all Dead-end Daniel, the Leader of the Opposition, and his those I have mentioned. Socialist Left sidekick, the member for Richmond, are out there blindly opposing this game-changing Legacy Week infrastructure investment, they offer no plan of their Mr DELAHUNTY — As Minister for Veterans’ own, espousing the tired old ideological line of their Affairs, I encourage everyone to purchase a Legacy Socialist Alliance and Greens allies that all car travel is badge so that Legacy can continue the work it does bad. supporting widows and children across Victoria and A Labor member for the Western Metropolitan Region Australia. Congratulations to Legacy on its work. in the other place, Cesar Melhem, and Bill Shorten, the Supported accommodation fees Labor federal member for Maribyrnong, wrote the following in the submission by the Australian Workers Ms GREEN (Yan Yean) — The campaign against Union (AWU) to the east–west link needs assessment: this government’s cruel rent hikes for those living in The AWU believes this project would provide a great disability accommodation operated by the Department economic boost to Victoria, providing job opportunities to the of Human Services (DHS) had a major victory at the construction industry while balancing broader community Victorian Civil and Administrative Tribunal (VCAT) needs. The project is a priority for Victoria because of its last week. I pay tribute to those who have been at the significant impact on transport bottlenecks and meets service gaps. By lessening congestion and adding amenity the project forefront of this valiant fight: the Victorian Advocacy improves social cohesion and can be expected to gain League for Individuals with Disability, the residents community support. themselves and their parents, siblings and guardians, who have been battling in an intrepid manner against an The submission goes on to state: out-of-touch Premier and a heartless Minister for Opponents may prefer a declining population as the best Community Services, who attempted to have the case means of dealing with congestion and the challenges of thrown out at the first hurdle. The case will now growth as their children leave the state to search for better proceed and will look at the heartless rent hike that will jobs and migrants choose other destinations. However, such a impoverish many of Victoria’s most vulnerable. In proposition would never be supported by the AWU. Better total, some 2000 residents — 80 per cent of DHS solutions are at hand. residents — are taking their fight to VCAT. Members The Leader of the Opposition dithers, and he still has on this side of the house salute them and will stand by no idea — — them in their fight. The SPEAKER — Order! The member’s time has A special mention must go to Viv Avery and Ben von expired. Einem of Villamanta Disability Rights Legal Service, who ably led this case. It is time that Minister Wooldridge reflected on her decision to hike rents by over 50 per cent to an eye-watering 75 per cent of the
MEMBERS STATEMENTS
2870 ASSEMBLY Wednesday, 4 September 2013
Kangaroo Flat Country Fire Authority brigade The member for Narre Warren North, who has a tendency to be selective with the truth, is wrong. Had Ms EDWARDS (Bendigo West) — This year the he done his homework he would realise it was the Kangaroo Flat Country Fire Authority brigade is former member for Carrum who in her inaugural celebrating its 140th year of operation. I was pleased to speech in 1999 committed to building the MPF join with brigade members at their annual dinner on extension. How did that turn out for residents? The Saturday night to celebrate this achievement and their MPF was never delivered by the former Labor achievements over the past year and to recognise the government. It has taken the election of a coalition service of its members. government to put the MPF back on the agenda.
The brigade’s competition team won all of the regional Broken promises are typical of Labor. Labor members championships it attended in the 2012–13 competition sit opposite with a leader who dithers and has no plan season, leading up to its win of the Victorian state fire for major visionary projects or infrastructure projects. brigades championships at Warrnambool in March, The coalition is getting on with the job, planning and 49 years after it last won the championships in 1964. delivering key infrastructure, and it is honouring its Congratulations to the successful team, which included word, with the $1 million MPF benefit study currently coach David Dargaville, himself a three-time winner of under way. VicRoads is investigating ways to improve both the state hydrant race and state ladder race in the traffic flow between Frankston and the city to reduce 1970s and 1980s; and congratulations to Jackson congestion and cut travel times for local families. The Dargaville, three-time winner of the state ladder race failure of Labor to honour its word and build the MPF title and likely the youngest in the competition’s and Dingley bypass has meant that local families and 120-year history to win the event three times in a row. communities, including residents of Aspendale Congratulations to team members Craig Peters, Tom Gardens, and businesses have suffered. Dargaville, Andrew Smith, Jacob Cahill, Glenn Scholtes, Jamie Hart, Kate Dargaville, Jarrod Styles, Transport infrastructure Shane Every and assistant coach Wayne Pattison. The team was also the runner-up at the national titles held in Ms D’AMBROSIO (Mill Park) — I wish to alert Perth earlier this year. the house to the worsening deficit of infrastructure and services in Melbourne’s outer suburbs under the I also congratulate service award recipient ex-captain Napthine government. An article by Aisha Dow in Ken Deveraux, who already holds the Australian Fire today’s Age reveals the attitude and views of the outer Services Medal and who received the National Medal suburban communities with respect to the Napthine 3rd Clasp; firefighters Andrew Smith and George government’s $8 billion dud tunnel and the fact that it Pantazis, who received the National Medal 1st Clasp; will do very little to ease congestion and do next to 45-year service award recipients ex-captain Ken nothing to assist the growing communities. Aisha Deveraux and firefighter Frank Harris; 35-year service Dow’s article says: medal award recipient brigade member Debbie Browning; 30-year service medal award recipient New Bureau of Statistics data confirm that Melbourne is home to the four postcodes with the fastest population growth firefighter George Pantazis; and 10-year service award in the nation, with South Morang, Point Cook and Tarneit recipients Lieutenant Nathan Harris and brigade more than doubling their populations in the five years to member Jo Harris. 2012. South Morang has grown by more than 38 000 people since 2001 — the size of a regional town.
Carrum electorate roads …
Mrs BAUER (Carrum) — The member for Narre Carolyn Whitzman, associate professor of urban planning at Warren North in his question to the Premier on Melbourne University, has studied the south-western 22 August sought to mislead residents and project the municipality of Wyndham and said the residents of the nation’s fastest growing council area faced tremendous failings of the Labor government onto others. Let me work-life balance issues. remind the house that in 1999 Labor lied to those in Carrum and the south-east when it promised to She said one-third travelled more than 2 hours to and from deliver — and for 11 years failed to deliver on both work each day and the area would need one or two new schools every year for the next 20 years to keep up with counts — a Mornington Peninsula Freeway (MPF) current growth … extension and the Dingley bypass. Carrum residents have not forgotten that it was Labor that lied to them. It is a similar situation north of the city in South Morang … …
MEMBERS STATEMENTS
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Whittlesea’s director of advocacy and communications, Griff Cranbourne last week and chaired the meeting during Davis, said … the $6 billion to $8 billion pledged for the the election process of the new executive. I remember east–west link should be used to fund urgently needed rail extensions, including the link from South Morang to Mernda. to this day when representatives from the then executive committee approached me eight years ago, That is what those in the outer suburbs think about this seeking assistance with the setting up of this great government’s failed policy — its dud $8 billion tunnel, initiative for Cranbourne and its surrounds. From which will do very little to ease — — humble beginnings the then executive set up in Cranbourne East, right next to the multimillion-dollar The SPEAKER — Order! The member’s time has Casey Recreation and Aquatic Centre. expired. Last week, together with the volunteers from U3A East–west link Cranbourne, we celebrated its eighth anniversary — a great milestone. I congratulate the president, Kathy Mr THOMPSON (Sandringham) — I place on the Smullen, and her committee — Glenys Wallbey, Ed parliamentary record the review of the outer suburban Price, Trish O’Donovan, Annette O’Donohue and suburbs on the road infrastructure projects being Barbara Dayton — and all the tutors and program delivered in Victoria. The coalition government is coordinators, who have put in so much energy, getting on with the job of fixing the infrastructure enthusiasm and determination in making U3A problems left after 11 years of Labor and is building for Cranbourne the place to be. the future. The east–west link is a game-changing, congestion-busting road project which will benefit Exciting programs such as armchair travel, book group, Victorian business and create jobs for Victorian calligraphy, card and paper crafts, English as a second families. The City of Greater Dandenong, in its language, computers, genealogy, parchment craft, submission to the east–west needs assessment, wrote: portraiture and singing for fun are just a few of the well-supported programs that are run out of the The economically important and growing south-east region and Gippsland is heavily reliant on the Monash corridor to Cranbourne U3A. Again I congratulate U3A — — provide for east–west road traffic. Apart from the Eastern Freeway for part of its length there is no alternative east–west The SPEAKER — Order! The member’s time has freeway standard route across Melbourne. expired.
A closure on the Monash can result in considerable Transport infrastructure congestion with no obvious relief available north of the city centre. Ms WREFORD (Mordialloc) — East–west link is a Additionally there is no complete freeway link that connects vital, congestion-busting transport infrastructure project EastLink and the Eastern Freeway with the Western for Victoria. It is our freeway network’s missing link, Highway, Hume Freeway or the Tullamarine Freeway. These and the coalition is getting on with the job of delivering missing links will continue to place pressure on the Monash corridor and local arterials where there is a lack of it. The coalition government is committed to building, connectivity. in addition to this vital infrastructure for Victoria’s road network, our public transport system. Since forming Labor has no plan to provide the key infrastructure government the coalition has added 1078 extra crucial to growing the economy. Labor’s policy is to metropolitan train trips and 3400 extra bus trips per oppose and seek delay. While Labor dithers, the week, $100 million has been committed to improving coalition delivers. There is form on most major freeway the Frankston line, over $400 million has been invested projects in Victoria. Labor opposed CityLink. It failed to remove level crossings across Melbourne and seven to deliver on the Dingley bypass. It said there would not new X’trapolis trains have been delivered, with eight be a toll on the Scoresby and Mitcham–Frankston more on the way. freeways, but what did it do? It imposed tolls. It failed on Scoresby, it failed on Dingley and it failed on — — The coalition is also making our transport system safer, with 433 protective services officers at 68 stations The SPEAKER — Order! The member’s time has across Melbourne, including Mordialloc station. The expired. coalition has allocated $50 million towards statutory planning and development work on the Melbourne Cranbourne University of the Third Age Metro rail tunnel, a massive public transport project we are fully committed to delivering. In my electorate, Mr PERERA (Cranbourne) — It was with great despite Labor’s 1999 promise to build the Dingley pleasure that I attended the eighth annual general bypass and its failure to do so for 11 long years, the meeting of the University of the Third Age (U3A)
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coalition is getting on with the job and is already and will bring jobs not only to my local community but building this much-needed road. Despite Labor’s to the wider Victorian economy. The coalition rhetoric and negativity, Premier Denis Napthine is government is also making the necessary investments delivering on roads and public transport infrastructure in our road network to get our freight carriers, Victorian in Victoria. families and the Victorian economy out of the congestion and into the fast lane. Broadmeadows electorate infrastructure The east–west link is a game-changing, Mr McGUIRE (Broadmeadows) — I renew my congestion-busting piece of infrastructure that the call to the Premier to honour his offer to work with me Australian Logistics Council, the Australian Industry on the economic development of Broadmeadows and Group, Infrastructure Partnerships Australia, the Master Melbourne’s north by recommitting to the central Builders Association of Victoria, the Property Council activities district and to an innovation and enterprise of Australia, the RACV, the Victorian Automobile centre to increase business and jobs and, to take it even Chamber of Commerce and the Victorian Employers further, to look at what is the necessary strategy for Chamber of Commerce and Industry recognise as being building the vital infrastructure required. critical for Victoria’s economy and livability. Over the next 40 years Victoria’s freight task will triple and its Weekly we are getting more evidence-based critiques containerised trade will quadruple. The only way coming into the Parliament as to the deficit of Victoria will be able to manage this logistical challenge infrastructure in Victoria, particularly in the growth is if a pipeline of major projects such as the east–west areas. We have had the Auditor-General’s damning link, the Melbourne Metro rail tunnel and the port of report, in which he said there was still no statewide Hastings are built. strategy for transport. He said: The cost of congestion to the Victorian economy is To date, the state budget process has failed to deliver the quantum of funding required to meet the transport needs of forecast to rise from $3 billion to $6 billion by 2020. growth areas, and this is expected to continue into the future. The construction of an east–west link will be critical to easing Victoria’s growing congestion burden. The That is the incredible indictment — it is ‘expected to difference it will make to my community will be continue into the future’. enormous, with the dramatic cut in travel times to the airport being just one example. Premier Denis Napthine Rather than the east–west link being the so-called and the coalition government are getting on with congestion buster, the head of Melbourne’s airport has delivering the major infrastructure Victoria needs to come out and delivered a report that says the east–west grow. link will increase congestion on the Tullamarine Freeway. This will compound issues around getting to Brunswick Secondary College Melbourne’s airport, which is one of the most vital pieces of infrastructure on a state and national Ms GARRETT (Brunswick) — Last week I was perspective. pleased once again to be one of the judges at the Brunswick Secondary College public speaking I renew my call to the coalition asking it when we are competition known as Chatterbox. There was a terrific going to get the plan for the rail link to the Melbourne display of talent and an impressive breadth of subject Airport. When is the funding going to be provided? matter tackled by students from years 7 to 12. The Why was money given to Avalon Airport ahead of this? range of topics included an analysis of young love, the What were the priorities of this government? Please lack of ethnically diverse actors on television, the explain how this works. Where is the plan? history of one of the speaker’s names traced back to his grandparents in war-torn Russia and a heartfelt and Transport infrastructure deep analysis of the desperate situation in Syria.
Mr BURGESS (Hastings) — This week marks This event came on the back of my attendance at the Freight Week, and the coalition government is getting school last month as principal for a day, which was a on with the job of delivering the major infrastructure most rewarding experience. During that day I attended which will ensure that Victoria remains the logistics both the junior and senior assemblies and witnessed the capital of Australia. As the member for Hasting, I am amazing leadership skills from a large number of proud of the investment the coalition government is students who presented to their fellow student body. I making in the port of Hastings. This new deepwater was interviewed by a passionate group of year 11 port will be able to accommodate the ships of the future media students who are creating a documentary about
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the threats to the heritage of Brunswick and the 90 seconds, I do not accept points of order during the Moreland area with regard to the bluestone laneways. making of members statements.
Again I would like to congratulate the principal of Geelong East Primary School Brunswick Secondary College, Viv Tellefson, and her dedicated and talented team for taking this wonderful Mr TREZISE (Geelong) — Last Wednesday, school from strength to strength. In particular it is very 28 August, I had the privilege of being principal for the heartening to see the young leaders of our community day at Geelong East Primary School. My day as emerging and being given so much support through principal reinforced what I had already learnt about the extracurricular activities. school over the many years I have worked for it — that is, that Geelong East is a fantastic school delivering a East–west link modern, contemporary education to its prep to year 6 students. The school has as its values — care and Mr BATTIN (Gembrook) — It seems that the support, cooperation, fairness, honesty, persistence, Socialist Left dead-end Leader of the Opposition and respect and responsibility — and these values are very his Socialist Left sidekick, the member for Richmond, evident, as is shown by the teachers, staff and students. have teamed up with Socialist Alliance stalwart I thank the principal, Karen Chaston, and her staff for Stephen Jolly and federal Greens MP Adam Bandt in all their work and for hosting me on the day. I also opposing the congestion-busting and game-changing extend special thanks to the school captains, Catherine east–west link. In Fitzroy on the weekend, ideological Glover and Damien Bowers, for taking time out of their hatred of cars and trucks ruled over visionary long-term busy day to show me around their school. infrastructure planning which will get cars off our inner city streets, be positive for the environment and cut Barwon Valley School congestion. It seems the Leader of the Opposition is more than happy to sell out Victorian families to strike Mr TREZISE — Last Thursday, 29 August, I had a deal with Labor’s long-term political bedfellows the the privilege, with the member for Lara, of visiting Socialist Alliance and the Greens. Barwon Valley School. There we met with the principal, Anne Hume, and the deputy principal, I remind the house that it was the Labor shadow Christine Benke. Barwon Valley School provides a Minister for Technology, Adem Somyurek, a member very effective and I would say holistic education to all for South Eastern Metropolitan Region in the other its students. Operating under a values system of place, who said: teamwork, respect, fun, dignity and support, I know that through the work of teachers and support staff and Given the obvious benefits of an east–west link, it seems clear that opponents are really driven by a hard-line ideological with the help of parents, Barwon Valley School delivers dislike of cars and roads. these values in spades. One could not help but be impressed with the school and its facilities, such as the In the same document, in relation to public transport new aquatic learning centre, which were delivered in funding, Mr Somyurek remarked: part under the federal government’s Building the Education Revolution program. All that adds up to The other argument against a new link is that it would divert taxpayers funds away from public transport, but this is Barwon Valley School providing a quality education to another furphy. its students. I congratulate everyone in the team at Barwon Valley School. The east–west link will improve travel times, make our economy more productive, create 3200 jobs, and more East–west link importantly for the communities of Brunswick, Fitzroy and Collingwood, end the rat-running of vehicles trying Mr BLACKWOOD (Narracan) — The east–west to get from the west to the CBD. While Dead-end Dan link is a vital piece of transport infrastructure which focuses on impressing the inner city basket-weaving will leverage growth throughout Victoria and in set, he intends to leave our roads a basket case for particular the wider Gippsland region. Gippsland is a Victorian families for the next decade. high production area. We grow and we build, and local businesses need to efficiently transport their wares Honourable members interjecting. throughout the state. Jobs depend on it. While the City of Yarra, the Labor Party, the Socialist Alliance and the The SPEAKER — Order! I remind members that Greens seek to be a roadblock to progress which will because of the restricted time allowed for members of improve productivity for Gippsland business, the coalition government is getting on with the job of doing
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what is necessary to drive growth for Victorian temple and various other Indian associations came families. Gippsland knows this. forward to offer support. The programs are run solely by donations from individuals and businesses in the On 16 June a spokesperson for the One Gippsland Indian community. The event was sponsored by campaign, representing the shared priorities of the Raminderjot Bedi, and funds raised will go directly to Gippsland local government network, Regional serving breakfast to students and children who are Development Australia Gippsland and the Committee homeless. for Gippsland, said:
The east–west link project will deliver major economic MATTERS OF PUBLIC IMPORTANCE benefits to Gippsland businesses by providing more efficient access to market. East–west link On Monday Latrobe councillor Kellie O’Callaghan The SPEAKER — Order! I have accepted a said: statement from the Leader of the Opposition, the member for Mulgrave, proposing the following matter … we need to make sure that our priority is our regional of public importance for discussion: connectivity into the metro area. That this house condemns the Premier for prioritising an On Monday Mary Aldred of the Committee for $8 billion dud tunnel that no-one voted for, will not fix Gippsland, explaining the benefits of the east–west link, congestion on local roads, will not improve public transport said: and which even the government’s own experts say is a dud project. Our transport operators, our primary producers, our manufacturers need to be able to compete internationally and Mr ANDREWS (Leader of the Opposition) — This all around the rest of Australia. And to do that, we need more is definitely a matter of public importance, and it is efficient ways of getting our product to market. most definitely a dud tunnel project that will not deliver While the Leader of the Opposition dithers without a the intergalactically significant benefits that the plan, the Premier and the coalition government are Premier, who has joined us, I am pleased to say, is only getting on with the job of delivering major too happy to boast about to anyone at any time. infrastructure projects that are critical to the prosperity The problem with this project is that it is all about the of Victorian families. boast and not about the facts. There are more facts and Indian community food programs figures about this project on the record courtesy of a VicRoads whistleblower than courtesy of this Mr LANGUILLER (Derrimut) — On Friday, government’s public statements or answers to questions 30 August, together with the member for Footscray I in this house. I want to go directly to the issue of traffic attended a fundraising dinner event for breakfast clubs modelling. So unconvincing was the Premier in his set up by the Indian community’s active social member, mastering of the detail yesterday, as we saw in question Jasvinder Sidhu. There are two types of program: the time, I want to come back to these matters in some first is called Nutrition Outreach Support and Health detail. There are some facts that need to be put on the and serves food to homeless children, and the second record: no-one voted for this Premier, no-one voted for sets up breakfast programs in schools. Programs are in this tunnel and no-one ought to be lumbered with this in place at the Wyndham Community and Education a cowardly act of signing contracts eight weeks before Centre and at Truganina South Primary School. the Victorian state election in November next year. Wyndham City Council deputy mayor Marie Brittan This project — and I do not know that you can find a attended the event. Also in attendance was Tim Watts, set of quote marks big enough — is a ‘game changer’, a the Labor candidate for the federal seat of Gellibrand, ‘nation builder’ and a ‘congestion buster’, apparently. and Joanne Ryan, the Labor candidate for the federal This is the language used by those who are happy to seat of Lalor in the upcoming federal election. boast and brag but not debate or convince. It is used by The food programs are supported by a range of people who are fundamentally afraid of the Victorian communities of Indian and Australian background, community because they will not subject themselves to including the communities of Carranballac College, the Victorian community. Point Cook and Hoppers Crossing Secondary College. If this project is even half the project the Premier boasts These programs are run mainly by the Tarneit Sikh of in the language he uses, then why would he not temple and operated by Jasvinder Sidhu. Recently accept a pretty reasonable proposition, particularly if he almost all Sikh temples in Victoria, Rockbank Hindu
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is someone who has been only too happy to run a reflection of what will be the traffic movements critique of our side of politics for the last 20-odd years? through this piece of infrastructure. Why is this Is it not odd that he suddenly uses what he has criticised important? as his main defence? Apparently members opposite no longer need to be better and different to us; apparently Let us move to the expression-of-interest they just need to be the same, and this comes from the documentation — a sweetheart set of arrangements, a chief critic over there who spent more than 20 years on love letter-style contract hard up against this political his ambition to keep Labor out of government. deadline. How do you get good value if a contract has to be signed eight weeks before an election? All around That is what he is about, and it is all that he is about. the world people will see this Premier coming, so it was The Premier is not about governing and using not surprising that, in his usual fashion, the Treasurer government to improve this state, and this project was bragging about a list of people who have expressed shows that clearly. If he were confident that this project an interest. Who would not express interest in this was half the project he pretends it is, why would he not project given its absolutely unbelievably favourable take it to the Victorian community instead of signing terms? off contracts eight weeks before the state election? Mr Wynne — Gold plated. Let us go to a couple of the facts and figures that we do know about from the 15-page leaflet dressed up as a Mr ANDREWS — Gold plated, platinum plated; ‘short-form business case’, an expression-of-interest that is what it is. Let us have a look at it. Toll revenue (EOI) document that makes the most amazing reading. risk will be totally transferred to the state. If the Members would look a long time to find a more numbers that have been called into question by former amazing read than the EOI documentation we have senior staff members in VicRoads are not accurate and seen about this project, a matter I will return to later. do not come to fruition, then we will all have to pay for the downside. That is the first point. Then there are the other facts we know about by virtue of a whistleblower from within VicRoads. Yesterday An honourable member interjected. the Premier was asked whether he had seen traffic modelling for the east–west link, and he would not Mr ANDREWS — Yes, a bit like a project in answer that very simple question. Instead he thought he Brisbane and another one in Sydney that Mr Harley would rely upon the fact that a firm that had been used referred to in his correspondence. by governments for some time had prepared that The issue is not just the downside risk on the traffic information. I cast no aspersions on that firm, but I will projections. This could be cleared up. The Premier is in say who does: a 27-year veteran of VicRoads, until he the chamber, and he could walk us through the traffic left the organisation — and one wonders why he might modelling that he is relying on and give us all the have been driven to the conclusion that he was no answers he failed to give us or was incapable of giving longer required — who is not only a person of long us during question time yesterday on that or on the toll standing but a person who has the technical expertise to revenue but also the weather, the industrial relations deal with these exact matters. risk, the cost of international finance — —
What did he have to say in relation to the traffic An honourable member — Contamination! modelling and the boasts of this Premier, a Premier afraid of the Victorian community and not prepared to Mr ANDREWS — Contamination. In this subject himself to the Victorian community, someone public-private partnership, which is notionally all about who will not convince but is only too happy to brag the transfer of risk from the state’s balance sheet to the about his claim of 80 000 to 100 000 vehicle private sector, nothing gets transferred. Every element movements a day? The 27-year veteran of VicRoads of risk is retained by the state. said: To meet not the needs of Melbourne and Victoria but We must not trust the information provided to us by the this Premier’s political imperative after nearly three Linking Melbourne Authority. years of complete inaction the government had to ‘do That comes from correspondence to his manager, but it something’, so we have a deadline of eight weeks ought to be correspondence to this Premier. It also before the election. When the government has offered a serves as a key message to the Victorian community contract as generous as this and has made it clear that that these numbers are dodgy. In the view of this under no circumstances will it fail to meet its deadline VicRoads veteran, these numbers are not an accurate to sign it — that it must sign it eight weeks before the
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election — is it any wonder that people are lining up to Beyond the merits or lack thereof of this project, why is take this Premier’s money? The problem is that it is not it important to communities across the state? This the Premier’s money. There are major deficiencies in project knocks off, for decades, every other significant the modelling and in the procurement method, by investment — — which there is no risk transfer from the state. All those risks are retained by the state and will be borne by Dr Napthine interjected. Victorian taxpayers. Mr ANDREWS — The Premier laughs. I have a bit We have asked many questions about this project, and of advice for the Premier. He will need to do more than the Premier had been given some notice that we would tweet about Melbourne Metro rail to convince be asking questions, but we saw a feeble performance Victorians that he is doing anything about it. He will last sitting week and one of equal measure yesterday. need to do more than list his big four priorities — that There were no answers — no facts, no figures, no he will not put to the Victorian community at an detail — no mandate and no capacity to win the election — to convince them that he is actually taking argument. If the Premier and his colleagues thought action on a number of them. they could win the argument, they would relish the challenge of taking this dud project to the election. I return to my central point: if our side has got this They would not be signing contracts in a cowardly way wrong, then the Premier should take it to the Victorian eight weeks before Victorians vote. Instead they would community. The Premier will no doubt read out the list be giving every Victorian the chance to be persuaded of stakeholders, because apparently they are worth by dodgy modelling and a sweetheart love letter-style more than any other Victorian voter. Apparently they expression-of-interest arrangement, which is what it is. can take the place of an election. Apparently they can give you a mandate rather than your having to earn one A procession of government members have dutifully at the ballot box. If this is half the project the Premier stood up today to make members statements telling us says it is, then he should take it to the Victorian all about how apparently Mordialloc, Carrum, Caulfield community. and Mount Waverley, and I am sure Prahran was on the list — all these great parts of our city and state — are Our clear position on this is that the case has not been made for this dud tunnel. The Premier is having to set to benefit. The challenge is clear: if this is what the people of Carrum, Burwood or Prahran need, the sweeten the pot so much that it cannot possibly government should convince them of that and let them represent best value. It knocks for six so many other have a say. Not only did those good Victorians not vote projects that would benefit our city and our state in for this Premier, but they did not vote for this project. terms of our livability, productivity and prosperity in the future, which is a very important point. We know When they walked in to cast their votes three long years ago they were certain, because the mob opposite had that one project in the centre of Melbourne is no told them, that the coalition would not put forward an replacement for an alternative that delivers for all east–east or an east–west project if it were to win modes of transport, particularly public transport, not government. just in one part of Melbourne but across Melbourne and Victoria. If it is even half the intergalactically significant game-changing, congestion-busting project the Premier What a betrayal from someone who apparently comes says it is — and he is pretty good on the gab — then the from country Victoria. This is one project in the centre government should let the people of Mount Waverley, of Melbourne, with no business case, dodgy traffic numbers, more information from VicRoads Carrum, Mordialloc and even South Barwon decide. At $1 million a metre for a road that runs between Clifton whistleblowers than from government members and the Hill and Flemington, there is not much in it for them. sweetest set of financial arrangements you could Members of the government who had a lot to say this possibly imagine. What a betrayal of country Victoria, morning about how important this project is should get regional cities and every Victorian. This is a dud project put forward by a Premier who no-one voted for, a out there and convince the good people in their electorates on just how important this project is. But of Premier who is afraid of the Victorian community and course the Premier will not do that. Instead he would is unwilling to put himself before it. For that, he prefer to sign up to these arrangements eight weeks stands — just as he does for his dud tunnel — before Victorians vote. That is his priority and that is condemned. his style — and he ought to be condemned for it. It is Dr NAPTHINE (Premier) — We have just heard a not leadership in any way whatsoever. dud speech from an absolutely dud opposition leader
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who also proved to be an absolute dud when he was in The SPEAKER — Order! The member for Mill government. You have to remember that the Leader of Park! the Opposition said at the Melbourne Press Club on 16 October 2012: Dr NAPTHINE — With respect to the east–west link, unfortunately the cost of congestion is increasing I’ve said right from the moment I got this job that we in many in this state. The cost of congestion will be $5 billion in respects failed to keep pace with demand, with growth … 2021 and is expected to increase to $7.2 billion by He said he failed when he was in government. He is 2031. We know from VicRoads that the major now failing as opposition leader. congestion hot spots in Melbourne today are where the Eastern Freeway meets Hoddle Street and the Bolte In contrast we are getting on with the job of providing Bridge. Clearly the east–west link will decongest those the infrastructure needed for Melbourne and Victoria. hot spots. It will make a real difference in reducing In my lifetime I can remember four significant, congestion at not just those hot spots but right game-changing pieces of infrastructure for Melbourne throughout the system, because there will be choices and Victoria — the city loop, Tullamarine airport and and options for motorists and traffic. the Tullamarine Freeway, the West Gate Bridge and CityLink. What do those four projects have in The east–west link will significantly improve common? They were planned and initiated by productivity and efficiency across the Melbourne and Liberal-National premiers and governments. That is Victorian business sector. Melbourne is well known as what they were on about. After 11 years of inaction the freight and logistics capital of Australia. under Labor — 11 years of doing nothing but backing Thirty-seven per cent of all the containers coming into the wrong horses, backing the desalination plant and the and going out of Australia go through the port of north–south pipeline instead of important Melbourne. The freight and logistics sector is worth infrastructure — the coalition government — — $19 billion to $23 billion to the Victorian economy. There are many thousands of jobs in the freight and Mr Andrews interjected. logistics sector. It is estimated to account for about 15 per cent of our state economy. The freight and The SPEAKER — Order! The Leader of the logistics sector is vital. Therefore improving our freight Opposition was heard in virtual silence apart from and logistics infrastructure through the east–west tunnel members from his own side giving him some will improve our productivity and maintain Melbourne encouragement. I ask him to show some respect to the as the freight and logistics capital of Australia. Premier and give him some silence. The east–west link will create 3200 jobs. It will Dr NAPTHINE — This government has four key improve the quality of life of Melburnians and all other game-changing projects for Victoria. There is the Victorians. Workers will be able to stay at home that regional rail project, for which work is under way at the extra 5 minutes before leaving for work. They will get moment. It is ahead of budget and ahead of schedule home earlier to their families because it will decongest because of the good management of the Minister for the city. It will improve the livability of Melbourne. Public Transport. He took over a project that was Melbourne is the most livable city in the world, and to mismanaged by the previous government and got it maintain that title we need to continue to invest in back on track. He got trains and signals on the tracks. infrastructure as the population grows. He got that project back on track, and that will help regional Victoria and the metropolitan rail system. The I want to mention specifically the improvements that east–west link is another of the four projects. Then the east–west link stage 1 will provide for the inner there is the Melbourne Metro rail tunnel, which will suburbs, particularly Fitzroy and Collingwood. It will build rail capacity for the whole state, and there is the take traffic off Alexandra Parade and local streets, port of Hastings. improving livability in those areas. It will improve the efficiency of north–south tramlines on Royal Parade, These are all important projects for Melbourne and Swanston Street, Nicholson Street, Brunswick Street Victoria. We have a plan, we have an agenda and we and Smith Street. It will make it safer for pedestrians have a program. We are delivering on that program, and cyclists. The east–west link will improve the and we are investing in all four of those projects. All livability of our inner suburbs of Melbourne. four of those projects are being invested in by this government — — Mr Wynne interjected.
Ms D’Ambrosio interjected.
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The SPEAKER — Order! How about the member They are not alone in their support for the east–west for Richmond being a bit quiet? link. The Herald Sun of 11 November 2011 reported the view of Sir Rod Eddington as follows: Dr NAPTHINE — It is not just this side of the house that supports the east–west link. The supporters Infrastructure consultant Sir Rod Eddington … urged the of the east–west link are significant. It may be that the Baillieu government to build an east–west toll road under the city. Labor Party wants to ridicule important industry groups and important motorist groups, but we are prepared to Sir Rod said the tunnel, which he proposed in 2008, should be discuss things and listen. We have support for the the priority for this state. east–west link stage 1 from the Property Council of … Australia, the RACV, the Australian Industry Group, the Victorian Employers Chamber of Commerce and Sir Rod, chairman of federal government advisory group Industry, the Victorian Transport Association, the Infrastructure Australia, told the previous state government in a report that Melbourne needed a tunnel linking the Eastern Victorian Automobile Chamber of Commerce, the Freeway with the Western Ring Road. Australian Logistics Council, Infrastructure Partnerships Australia and the Master Builders Indeed when Sir Rod Eddington handed his report to Association. Indeed these groups said in a press release the previous government it got endorsement from of 21 August headed ‘East–west link critical for Labor. When he said, ‘You need to build the east–west Victoria’s economy and livability’: link’, and, ‘You need to build the Melbourne Metro rail tunnel’, the Labor Party endorsed it. I remember the Stage 1 of the east–west link will be a vital cog in the state’s myriad ads on television about the $38 billion transport road freight network and must be built if Victoria is to retain its position as the nation’s freight logistics capital. plan. Millions of dollars were spent on advertising but not one cent on infrastructure. Who supported the … $38 billion transport plan, which included the east–west … The construction of the east–west link will be critical to tunnel? The Leader of the Opposition, the Deputy easing Victoria’s growing congestion burden. Leader of the Opposition, the member for Richmond, the member for Lyndhurst, the member for Essendon, … the member for Tarneit all supported Rod Eddington’s The project will also boost statewide productivity, reduce program, but now it seems they have jumped off from business costs and improve industry competitiveness. where they were some time ago.
Those groups are not alone in their support of the I refer also to the editorial in the Herald Sun of 31 July east–west link. I will quote from an article in the Age of this year headed ‘Andrews on a different road’. The 30 July 2012 headed ‘AWU pushes for east–west final sentence of that editorial is: tunnel’, which states: By dithering any further on the details, Mr Andrews risks The powerful Australian Workers Union has backed the holding up not only the traffic but also the state. controversial east–west road tunnel project … Mr Andrews interjected. Cesar Melhem, the secretary of the AWU’s Victorian branch, told the Age it would be crazy if the project did not go ahead The SPEAKER — Order! The Leader of the and his view was simply that it had to be built. Opposition! Also Adem Somyurek, a member for South Eastern Dr NAPTHINE — The Age editorial of 1 August Metropolitan Region in the Council, who is the shadow was headed ‘Labor’s wrong way on Melbourne’s minister for manufacturing and services, said: transport’. It says: It is a simple and indisputable fact that Melbourne’s road network is not fully connected. One of the key missing links To remove the one big transport proposal that could help ease is obviously at the city end of the Eastern Freeway. the city’s traffic problems is a big call and, the Age believes, the wrong one. He continued: The matter of public importance before us today also Given the obvious benefits of an east–west link, it seems clear refers to public transport. Let me assure the people of that opponents are really driven by a hardline ideological Melbourne and Victoria that we are a public transport dislike of cars and roads. government. We have the best Minister for Public Transport since the Second World War. We are delivering on public transport. Since we have been in government and after 11 years of neglect of public
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transport we are delivering 1078 extra Metro train ambulance situation, the need for school maintenance services per week, 3400 extra buses per week, 15 new or, God forbid, public transport. Maybe it is that. I think X’trapolis trains, 50 new trams and 40 new V/Line it is little bit of of(a), (b) and (c). But it also (d) — that carriages. We are spending $100 million to upgrade the is, it wants to build a dud tunnel to lead to a dud project. Frankston line, $25 million to upgrade the Dandenong line, $5 billion on the regional rail project and This government wants to invest $12.5 billion in the $400 million to remove level crossings. We are a public port of Hastings. That is where the real link goes. Why transport government; we are delivering improved do I say that Hastings is a dud project as well? Let me services. We are not a government that just talks about go to the reasons why the port of Hastings development it. We walk the walk; we deliver the services. We is a dud project to go along with this dud tunnel. This deliver protective services officers on stations to make government wants to spend $12.5 billion on it safer to use public transport. refurbishing a port that is 100 kilometres from Melbourne. Not only that, but it also wants to spend There are some people who suggest that if you are $12.5 billion on a port that in the year 2050 will run out doing one project you cannot also do other projects. of capacity. The reality is that this government has That is wrong. This government — members on this ignored its own departmental advice on the best side of the house — is capable of managing and locations for future ports, and it is now building a dud delivering on a number of projects. We are very proud transport policy around that. Hastings lacks a standard that in our last budget we provided a record $6.1 billion rail gauge link, and it lacks freeway support. Residents for infrastructure in this state. We have recently and commuters in the eastern suburbs are going to have announced $86 million for the Ravenswood–Calder trucks flooding their roads if this port of Hastings Freeway interchange, a project that was ignored for project goes ahead without an alternative in place — an 11 years by local Labor members at the state and alternative such as Bay West, a port which would federal level. Local Labor members turned their backs require less than half the investment required for on the most dangerous intersection in the state. It took a Hastings and which is only 55 kilometres from coalition government, together with a coalition federal Melbourne. team, to put $86 million into that project. We have allocated $50 million for the Great Ocean Road and Let us look at where freight is located in the state of $156 million for the Dingley bypass. Then there are the Victoria. Two-thirds of freight movements come out of Koo Wee Rup bypass, the Sneydes Road interchange, the western and northern suburbs of Melbourne. This the Narre Warren-Cranbourne Road upgrade and the government’s plan is to take all of that freight, put it on Cardinia Road upgrade. What we are seeing here is this the West Gate Freeway, move it across town and take it government getting on with the job. We are delivering 100 kilometres — — on public transport. We are delivering on key infrastructure across the state in health and schools as Mr Watt — On a point of order, Deputy Speaker, I well as in relation to roads. We are delivering on a very understand that this dud member of Parliament has important project for Victoria — the nothing to say on this particular matter of public congestion-busting, game-changing east–west link importance — — stage 1. The DEPUTY SPEAKER — Order! What is the Ms HUTCHINS (Keilor) — Why does the member’s point of order? government want to spend $8 billion on 5 kilometres of Mr Watt — It is on relevance. She is not even road tunnel? Is it (a), because it has not built anything talking on the matter of public importance; she is yet and it has to rush something through so that it looks talking about a completely different project. I like it has actually done something in the last three understand that she has nothing to say on this particular years, or is it (b), because motorists who use the West matter of public importance, but I ask you to bring her Gate Freeway, the Monash Freeway, the Nepean back to — — Highway, the Western Ring Road and all roads in the outer suburbs do not matter to members of this The DEPUTY SPEAKER — Order! The member government? Those motorists have to sit in congestion for Burwood should refer to the member by her title, while this government does nothing for them. Or is it not as ‘she’. I do not uphold the point of order. (c) — is the reason the government wants to spend $8 billion on 5 kilometres of tunnel because it does not Ms HUTCHINS — If we look at the facts and why understand or place a value on the infrastructure that is the government is going down the track of investing required in our growing suburbs? For example, $8.5 billion in building a 5-kilometre tunnel — and the hospitals need money spent on them and there is the Premier clearly said this in his contribution earlier —
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we see that it is completely linked to the broader project experiencing. In the last four years there has been of the port of Hastings. Our freight volume is set to population growth of 28 per cent in the western double by 2020, and if we do not have the capacity to suburbs. This government says its answer is to focus on move the freight, the issue of traffic congestion faced the inner east instead of looking at where the real by commuters every day is only going to worsen. I population growth is, where the real congestion is, would hate to think what the residents of the eastern where the real bottlenecks are and where the real jobs suburbs and further out have to say about that need to be delivered. increasing congestion, having to wait for either the freight trains going through, with the boom gates down In his freight plan the Minister for Ports ignored the at level crossings for even longer than they have to advice of his department and industry to have a good endure now, or the bottleneck of trucks coming in and hard look at what the best future options are for freight out of their suburbs. It is not a well-thought-out plan, in this state, for the best location for a second port and and there is certainly no business case out there for for having a freight plan flow on from that. In terms of either the tunnel or for Hastings. The people of this the options for Bay West, which have been ignored by state do not know what they are in for when it comes to this government, it has a virtually limitless container bottlenecks and congestion as a result of this and berthing capacity and it is a long-term investment government’s plan. that takes us well beyond 2050. Of course this government does not have that vision, because it cannot Many a time I have been on my feet in this chamber see beyond the next election. calling on this government to release its freight plan. It finally happened last month, but when I read it I was Whilst the government goes ahead putting all its eggs in not bowled over with excitement. The plan had one basket in the freight sector and certainly in 65 recommendations but zero solutions to deal with infrastructure investment, there are critics of the bottlenecks and congestion in this state. Instead in the government’s direction around freight planning. Paul last budget this government took out $20 million for a Little, former CEO of Toll Holdings, said that, whilst truck action plan, and what did it do with that money? It he acknowledges that Hastings would be able to take ripped out that money and said, ‘Let’s fix the the large ships, those measured in 20-foot equivalent bottlenecks in the regions. Let’s pump $28 million into units — those that carry over 14 000 container loads — the most marginal seats that service our pork-barrelling only five of those are ever likely to come to our shores needs in the next state election’. News flash: the in the future. In fact Hastings, as a long-term deepwater bottlenecks are here in the centre of Melbourne, and port, could continue to take those ships; however, the many of us get stuck — — freight industry not having a second container port development closer to the city will have ongoing Mr Katos interjected. detrimental effects on the industry.
Ms HUTCHINS — This tunnel is going to deliver This government does not have any dialogue with small an easing of congestion? I do not think so. You have to medium-size businesses in the freight industry. There not put the business case on the table. is no mandate for this tunnel and no support from the public, and if the Napthine government is serious, it The DEPUTY SPEAKER — Order! I ask the should take its east–west link proposal to the next member not to use the word ‘you’ and to speak through election. the Chair. I also ask members to cease interjecting. Mr RYAN (Minister for State Development) — It is Ms HUTCHINS — Returning to the government’s my great pleasure to join the debate this morning on the freight plan, out of the 65 recommendations 5 have matter of public importance (MPI). In a remarkable act already been announced and 12 require further of anticipation the Age editorial of 1 August negotiation with local governments. The government commented upon what is essentially contained within has had almost three years, so why did it not sit down this MPI today, where the Labor opposition has again with local governments when formulating the plan? pinned its colours to the mast to oppose the east–west The plan is absolutely void of any connection to urban link. The editorial says in part: planning. To paraphrase a familiar road sign, go back, Mr Andrews, This state is facing some of the greatest growth it has you are going the wrong way. You are going against what ever experienced, yet this government has its head Victoria requires and, indeed, against the very notions your party once endorsed as part of a far-reaching transport policy. buried in the sand. There is no recognition of where the growth is in this state and of the huge growth we are
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That is but a small segment of the editorial written in It has got to the point where you have to come down that august journal, and it summarises the situation very the night before, because if there is an accident on the well. In fact this is a game-changing project. This is a Monash Freeway, the blockages that occur are such that transformational project. This is a project for the ages you cannot be sure of being able to meet your that will benefit all Victorians, whether they live in the obligations. To have the tunnel built and to enable that metropolitan area or in country Victoria. alternate means of access will be a wonderful thing. Further to the same point, for those of us in Gippsland On behalf of The Nationals in coalition government I who want to drive to the airport, this project will emphasise to the house and to the people of Victoria provide the means of being able to come on EastLink that we strongly endorse this project because it is to the through the tunnel onto CityLink and then out to the benefit of all Victorians. That is the case for a variety of airport without having to grind your way through the reasons. In making the case for this project I want to city traffic. Again, it will be wonderful. show my Gippsland bias. Because I live in Sale and represent one of the seats in Gippsland, I reflect a point This project will enhance the tourism industry in of view that I believe is in turn reflected across Gippsland. Traffic now will be able to travel from the Gippsland. In all of this the Labor Party is completely airport to Gippsland via a mechanism that will enable a out of touch insofar as regional Victorians are far faster passage than is the case under the present concerned, and certainly insofar as Gippsland is system. People coming from the airport will be able to concerned. As we know, there are no Labor enjoy the benefits and the magnificence of the representatives in this Parliament in the Assembly east Gippsland Lakes and of Wilsons Promontory, which I of Dandenong, so it is understandable that they are out have the great privilege of representing, and to enjoy all of touch. They do not know what Gippslanders are of the benefits around Phillip Island and so on. saying about this great project. In fact the people of Gippsland support this great project. These issues were well summed up in a recent commentary from Mary Aldred on behalf of the One The development of the east–west link will provide Gippsland campaign, which represents the shared enormous benefits to the people of the Gippsland priorities of the Gippsland Local Government Network region in a variety of ways. As far as the movement of and a variety of other entities. On 16 June she said: traffic from Gippsland into Melbourne is concerned, the link will be of enormous benefit. Every other The east–west link project will deliver major economic benefits to Gippsland businesses by providing more efficient Sunday — not every Sunday but every other Sunday — access to market. I drive from Gippsland down EastLink and then run into the sorts of difficulties that this project will resolve. And so it is. It will be a wonderful thing for the people The situation that will apply once the tunnel is built is of Gippsland and for the people of Victoria generally that you will be able to keep driving on EastLink, come that they will not have to suffer travelling through onto CityLink and then come into the city via the 23 sets of traffic lights and that they will be able to have existing CityLink options. This will change the way in this means of access. which people from Gippsland make their way into the city. I have heard Labor’s commentary on this project all too often. It has continued to dig itself into a hole in relation In terms of commerce, and truck movements in to it. The hole Labor is digging is far bigger than the particular, this will be a wonderful innovation. As one that will be dug for the tunnel that is going to be people in the house know, Gippsland has an part of the east–west link, and Labor will continue to enormously strong dairy industry, horticultural dig itself into the hole. On all of this Labor has no enterprises and all sorts of agricultural businesses that credibility. Let us look at a couple of its points. Labor depend on being able to convey their freight to the members say this project should be taken to the docks in Melbourne. This link will make an enormous people — that the people should have the opportunity and beneficial difference for Gippslanders who need to to vote on this project. move heavy traffic into Melbourne without suffering the consequences whenever there is a crash on the Ms Hutchins — You didn’t take it to the people! Monash Freeway. If you are coming into Melbourne Mr RYAN — I heard the member for Keilor from the Gippsland region and you intend to be in the interject that we did not take it to the people. In terms of city for any sort of appointment earlier than about Labor’s credibility, I remind the house that leading into midday on any given day, you can no longer take the the 2006 election — and this was reiterated again in chance that you will get there on time. 2010 — the Labor Party repeatedly swore blind that it
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would never pipe water from the north of Melbourne The state Labor members for Footscray and into the city. That was Labor’s declared position — a Williamstown said: blood oath if ever there was one. Labor swore it would never do that, but what did it do when it was in The construction of CityLink — which joined the Monash, West Gate and Tullamarine freeways — effectively provides government? It performed the ultimate traitorous act to a southern and western bypass of the inner city, directing tens the detriment of the people of the northern parts of our of thousands of vehicles each day onto a high-standard road state — it took water away from them. That was the away from less suitable city streets. Linking the Eastern intent in building that pipeline. Labor said it would Freeway completes the northern and eastern access to the build that pipeline. In addition, it said it would build the network. desalination plant that it had trenchantly opposed as it I can go on in relation to the comments that have been was coming into government. made by the Labor Party and its members. In the very short time available I really think that this is the time Labor members stand here now and say that we should for the Crouching Tiger. He sits over there as a matter take this project to the people in circumstances where of course on the middle benches of the Labor their conduct has been absolutely and utterly opposition. He has been parachuted into this house with disgraceful. They say we have no business case. One a view to realising his long-term aspirations. He is the need only to go back to the Auditor-General’s report in Crouching Tiger — the member for Lyndhurst. Let us relation to the former government’s water projects to see what happens as the current Leader of the see page upon page, line upon line and example upon Opposition continues to dig the hole even deeper. It will example where this lot, the former government, failed be very interesting to see how the Crouching Tiger to produce a business case in relation to an array of shapes his aspirations for the future. projects. There is a vast array of them — I could read them all out — but amongst them are the north–south Ms KANIS (Melbourne) — This project, this pipeline, the desalination plant, Peninsula Link and east–west link — of course we should be calling it the others that will be referred to by other members. east–east link — is a project of concern to all Victorians. The more Victorians hear about this project, The simple fact is that Labor is now advancing a the less they support it. Perhaps that is why this proposition about this government having to do all sorts government is so opposed to releasing the business of things with its business case, but at the time Labor case. Perhaps it fears that further information will erode was in government, it did not even complete a business the small supporter base that remains, because what is case. Labor members overrode their own departments. becoming apparent as more information is released is The former government made decisions at the cabinet that this project will not fix congestion. table on the most miserable of political bases so as to be able to serve its own miserable purposes, and members In my electorate of Melbourne the impact of this project of that government did not advantage themselves by is significant. The link cuts a swathe through seeking the proper advice of the departments. Melbourne. It is a project that will change the face and community of Melbourne forever — and for no Mr Nardella — Tell the truth! significant benefit to the community of Melbourne or Mr RYAN — The member for Melton interjects indeed Victoria. It is a project that must not go ahead. I and says, ‘Tell the truth’. He ought to look at the was dismayed to read in the Age yesterday that the Auditor-General’s report. That is what he should do. It Minister for Roads described people at a community tells the story of where truth lies in relation to all of this. rally against the east–west link as a rent-a-crowd.
We have some great commentary from members Mr Nardella — He didn’t, did he? opposite. I want to make quick reference in the short Ms KANIS — He did, and I feel it is incumbent on time I have available to a couple of these priceless me to inform the minister about who is in his so-called contributions. The former state secretary of the rent-a-crowd. Let me inform the minister about the Australian Workers Union, who is now a member for users of Royal Park. Royal Park is used for both passive Western Victoria Region in the other place, Cesar and active recreation, and it is used by union members Melhem — hail, Cesar! — said: and non-union members. There are many sporting clubs The EastLink project could not be considered fully completed that are based in Royal Park — they include football, until the east–west tunnel had been built. Without the soccer, tennis, baseball, cricket, rugby, netball, hockey east–west tunnel the Eastern Freeway will turn into a and golf clubs — and there are approximately congested car park and will defeat the purpose of EastLink. 1000 people a week who participate in formal sporting activities at Royal Park. There are no alternative venues
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for these clubs; the sports facilities in surrounding areas As one person put it so succinctly on Twitter yesterday are all full. after hearing that the minister referred to him as part of a rent-a-crowd: In the last sitting week I asked the Minister for Sport and Recreation to meet with the Royal Park clubs to Correct, I have to continue renting as government acquires discuss their future and the impact on them of the my first home. east–west tunnel. The minister to date has ignored my If the minister is not referring to those people as a request. There are also many people who use Royal rent-a-crowd, perhaps he is referring to the residents of Park for informal and passive recreation. When we the Flemington housing estate as a rent-a-crowd. Are walk our dog through Royal Park we see many people the children who regularly use the recently completed there, whatever the weather. playground areas in Debneys Park a rent-a-crowd? This much-used and much-loved playground around the The City of Melbourne has estimated as 6 per cent the permanent loss of parkland at Royal Park, and in my Flemington housing estate is in jeopardy. I cannot imagine it will be much fun, or indeed very healthy, to view this is a conservative estimate. It has said that the dollar value of that land is $207.5 million. The City of play in the shadows of a tollway, nor can I imagine that the kitchen garden, which has won awards for the Melbourne has also estimated that 5200 trees, with a benefits it brings to the community, will survive under dollar value of $17 million, will be lost as part of this project. However, putting a dollar value on things like the shadow of a toll road. parks and trees presumes that they can be replaced by Perhaps if the minister stopped using pejorative terms just buying more. What is really tragic about this for my constituents, he would listen to their concerns. project is that it is not possible to buy more of Royal Perhaps then he would learn about the real transport Park; the amenity impact will be forever. With this problems being faced every day in Melbourne. I take project, Royal Park will be destroyed. The tranquillity the train to Parliament most mornings, and that is currently enjoyed by the public will be overborne overcrowding of trains on the Craigieburn line, by the hum and roar of traffic. especially once the line has reached Newmarket and Kensington stations, is a big concern. Commuters Many of the users of Royal Park — the sports clubs and their members and people who enjoy the serenity — regularly cannot get on the trains at Newmarket, Kensington, Macaulay and South Kensington stations. have contacted me and expressed their opposition to this project. They have organised and attended rallies The trains are packed with commuters. against this project. These are the people the minister There is overcrowding on the trams and buses that go refers to as a rent-a-crowd. through Kensington, Flemington, Carlton, North Carlton and North Melbourne. People living in the Perhaps when the minister refers to a rent-a-crowd he is referring to Kensington residents who learnt only in the electorate of Melbourne just cannot get onto these trains, trams and buses. What we need to do — and middle of July this year that their homes will be what I often do — is walk, because we cannot get onto compulsorily acquired for a four-lane elevated road through their suburb. Perhaps he is referring to the the trains by the time they get to our suburbs. Trains are very important, and we need greater investment in residents whose homes will not be acquired but who have been told that there will be no attenuation of noise them. or pollution. We need to be giving people who could commute to Many of the residents who have spoken to me about work using public transport real options to do that, taking those commuters off the road so that people who this impact have been very aware that at times an individual may need to compromise for a greater good, rely on road transport — tradies and people who need to drive — can drive. Let us talk about the trucks that but no matter how many ways they look at the project make their way through the suburbs of Melbourne. and no matter how many Linking Melbourne Authority briefings they attend, they come to the same These are trucks that are avoiding tolls; they are trucks looking to take shortcuts through residential suburbs in conclusion: their homes and their communities are being destroyed for a project that will not fix Melbourne. congestion. My constituents want full and frank disclosure about Perhaps when the minister refers to a rent-a-crowd he is this project. They want to have a say on whether or not this project goes ahead. If the Napthine government referring to the purchasers of over 180 apartments in Parkville — people who are due to settle later this year. continues to keep the project details secret and continues with this project — over all others and
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despite having no mandate to undertake it and despite government, I am more than happy to put on the record having gone to the last election saying it had no plans the key performance indicators of both governments. for a tunnel — my constituents will continue to voice their concerns. My constituents are not rent-a-crowd; I am talking about punctuality, reliability, customer they are real people who are concerned about their satisfaction, load breaches and fare evasion. I am future and concerned about the future of Victoria and of talking about additional train services — 1078 of them. Melbourne. They are not rent-a-crowd; they are I am talking about 3400 additional bus services a week. attending rallies, because that is the only way they feel I am talking about protective services officers on they can have a voice and make this government listen. stations. I am talking about making the public transport network safe. I am talking about 15 new trains for the My constituents know this tunnel will not make a metropolitan network of Melbourne. I am talking about difference to congestion in Melbourne. The Premier the 50 new trams being built out at Bombardier. I am tweeted a photo of some congestion on the Eastern talking about the 40 new rail cars that are being Freeway, saying the tunnel was going to fix the purchased for regional Victoria. congestion. I do not know if it was the Premier who took the photo or one of his advisers, but the congested I am more than happy to put our record right here in traffic he showed was all heading south into Hoddle front of this house today and to have a look at what we Street — all heading into the city. This tunnel will not inherited from the former government after 11 long fix one part of the congestion at all. If this government years. Government members had money coming out of is intent on ramming through legislation that stops their pockets, yet theirs was an absolutely and utterly consultation in the middle of the night, it is imperative botched public transport system which we had to pick that we continue to make sure it hears what people want up off its knees and get up and running again. We and the concerns of the people of Melbourne. They do promoted a new authority to run public transport here in not want this tunnel. They want real traffic solutions for Victoria, which has once again been laughed at, Melbourne, and they want real traffic solutions for ridiculed and mocked by the Labor government. Victoria. They are not rent-a-crowd; they are real people. Just look at the results we are getting, including the integration of bus timetables with train timetables. It is Mr MULDER (Minister for Roads) — It is with not rocket science that when you get off a train a bus is delight that I join in the debate on this matter of public waiting for you. That is the sort of work we have been importance in relation to the house congratulating the doing, and it is the sort of work we will continue to do. Victorian government on committing to commencing Our focus has been very clearly on cleaning up the the east–west link. As members would be aware, my mess left behind by the Labor government in the area of portfolios cover the areas of not just roads but also public transport in this state, and we will continue to do public transport. There has been a lot of discussion that. Just have a look today at reliability and conducted by opposition members in relation to their punctuality. Have a look to see where it is. Have a look contention that public transport is going to be ignored at the Frankston line. Under Labor there was as a result of the east–west link project. They have of somewhere in the order of a 65 per cent punctuality course been out blowing the trumpet in regional level. Have a look today and you will see that over Victoria, rolling out the line that regional Victoria will 90 per cent of trains are running on time. We are getting miss out as a result of the east–west link. on with the job of fixing up the mess we inherited and will continue to focus very strongly on public transport It was extraordinary last week to be in Bendigo, where in both regional Victoria and the metropolitan area of the Premier turned the first sod on what is probably Melbourne. going to be the most significant health precinct in regional Victoria or across Australia — one of the This project provides a defining moment. We have a biggest and best. There is also the Ravenswood government with a Premier who wants to take Victoria interchange, and of course I was out there with the forward, and we have an opposition that wants to drag plans for the new Epsom railway station. That activity Victoria backwards. We have a government that wants was in Bendigo alone. to deal with the issue of congestion, and we have an opposition that wants to leave people on the Eastern I turn also to the issue of public transport. It is Freeway sitting in their cars, tradies with cement mixers important for us to have a look at the records of both on the back and electricians with all their cables and the Labor government and the current government. their apprentices sitting alongside them, and After 11 years of the former government and just over high-productivity freight vehicles sitting out there with two and a half years of the Liberal-Nationals coalition nowhere to go, trucks idling away and money going
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down the drain. That is the plan the Leader of the If you do not build them, that is not leadership. This Opposition has for Victoria. came from the mouth of the Leader of the Opposition. I think we all understand where this came from. The However, the Leader of the Opposition did have issue is this: the Leader of the Opposition is going another plan in relation to dealing with the Eastern nowhere and has to find a point of difference. Freeway and Hoddle Street. His former roads minister invested several million dollars in his plan, which You can imagine the discussion of the shadow cabinet involved Hoddle Street. On 10 July 2012 the Leader of in the party room about the Leader of the Opposition’s the Opposition said: position that he intended to and wanted to go out and take on this project and call it a dud, and a white I do not support a tunnel. What I do support though is the elephant and try and bury it, but he did not have the full position we left when we left office, and that was Hoddle Street is the problem and Hoddle Street should be the priority support of his cabinet or his party room. He did not for government action. have the full support of Cesar Melhem, a member for Western Metropolitan Region in the Council, the We got the results of the Hoddle Street study conducted member for Williamstown or the member for by the former Labor government, which would have Footscray, and nor has he got any support from industry included local grade separations at $3 billion, lowering groups or indeed the broad media. He is like a lonely Hoddle Street at a cost of $5 billion, a cut and cover man on the hill, and he is going to remain so. He is tunnel at $5 billion and an elevated viaduct at going to dig himself the biggest tunnel you can possibly $3 billion. The report concluded this was not feasible imagine, and as the Deputy Premier pointed out, the and not considered worthy of further investigation. Crouching Tiger is waiting to spring.
It was not feasible and not considered worthy of further Mr Eren interjected. investigation, so where does a leader go when he says that is his answer but the analysis says it does not Mr MULDER — You might even get to have a work? You would have thought a Labor opposition crack yourself, member for Lara. You might even get to would be approaching this from a couple of different have a crack yourself. I mean, let’s face it — — angles. One would have been the issue of construction workers — the 3200 of them who will have an The DEPUTY SPEAKER — Order! The member opportunity to work close to home on what is going to for Lara! Minister, through the Chair. be a legacy project. The Leader of the Opposition surely would understand that, because in his Melbourne Mr MULDER — We know that Cesar Melhem Press Club address of 16 October 2012 he said: came straight off the workshop floor into Parliament and said, ‘I support the east–west link. It’s good for Lethargy and indecision is not leadership. Hiding under your workers. The project should proceed’. Straight from the desk is just hiding under your desk. mouth of the captain’s pick came support for the project. He has been belted into shape. He has been That is pretty easy to understand: he will start hiding pushed into a corner. He has been told to make no under his desk. He went on to say: further comment. He has been told to reword his Starving the constructors of this state of a pipeline of comments around that. What an absolute and utter infrastructure is bad for our economy, bad for confidence, bad disgrace! for jobs and bad for skills. We launched our freight logistics strategy recently. It However, he wants to cancel the major project that we was applauded by the broader freight logistics sector. It have on our drawing board to provide for the people of is a fantastic document outlining a fantastic array of Victoria. He continued by saying: projects to take us forward, but the east–west link plays It’s also ultimately bad for value. Every one of the projects we a crucial role in making sure that we can continue to need escalates in price every month the government delays. provide those very important laneways for our freight logistics sector. We have gone down the pathway of This is a sermon from the Leader of the Opposition high-productivity freight vehicles, a project that was about what we should not do. What he is doing is sitting on the desk of the former Minister for Roads, contradicting what he said on 16 October 2012 to the who was too frightened to put it out. We put it out. We Melbourne Press Club. He went on to say: have far greater productivity as a result of that particular initiative, but the east–west link is the catalyst … let’s have a bit of honesty about the fact that the only way you avoid complex projects in all the attendant risk is if you to keeping our crown as the freight and logistics capital don’t build any. Now, that’s not leadership. of Australia.
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Mr CARROLL (Niddrie) — It is my pleasure to that figure for the full east–west link and the Melbourne rise and speak on this matter of public importance and Metro rail tunnel — he had factored in the public to follow the Minister for Roads and Minister for Public transport benefits. Transport. When the Premier announced this project, he did so out of the blue, with no business case and no Every economic commentator has said it is impossible information to back it up. There were no details of the to get a benefit-cost ratio of 1.4 for just the eastern benefits, no traffic projections and not even a clear idea section. They have all said the benefits will come from of the cost. the port of Melbourne and the west. Those opinions from commentators, including Alan Davies and Honourable members interjecting. Melbourne University professors, are all out there.
Mr CARROLL — There are interjections calling it Dr Sykes — Who? Name them. a business case, but I refer to it as a high-school essay; that is all it is. The project was from the outset shrouded Mr CARROLL — The title of an ABC News in secrecy, with no detail even submitted to online article reads in part, ‘East–west link funding Infrastructure Australia when it was requested. It was model “does not make sense”‘. Do members know who announced in the May state budget, but Infrastructure said that? I am happy to provide a name: it was Australia had a deadline of June. On 17 June Minister Transurban. Have members heard of Transurban? Mulder said the government knew about Infrastructure Another recent headline reads, ‘There seems to be some Australia’s deadline, and in response he said, ‘We’re madness in link methodology’. One has to wonder doing some further work on that’. The government had where those opposite got the benefit-cost ratio of 1.4. already announced the project, but it had not bothered to submit anything to Infrastructure Australia. Honourable members interjecting.
What I found astonishing, and what was reported at the The DEPUTY SPEAKER — Order! I apologise time, was that while the federal Treasurer was on his for interrupting the member. If members wish to have a conversation across the chamber, they will be asked to feet delivering the budget, Minister Mulder wrote a letter saying the east–west link was ready to go and leave and stay out. I am tired of this; it is happening too faxed it to Canberra. The letter was sent to the federal often. Minister for Infrastructure and Transport, Mr CARROLL — Turning to the question of Minister Albanese. That is not process; that is just where the benefit-cost ratio of 1.4 comes from, it seems playing politics with an $8 billion project. It was just the answer can be found: it comes from some dodgy ridiculous. modelling. A whistleblower with over 20 years Let us also look inside the federal Liberal Party room. experience at VicRoads has come forward. He wrote an Mr Abbott is completely tangled up on this project. Just email, and he was happy to talk about it just recently. An internal VicRoads email warned that estimates this week he said that all projects north of $100 million should have a full, open and transparent business case ‘artificially inflate the benefits that can be expected publicly available. But what do we have on the from the project’. The VicRoads whistleblower also east–west link? We have a 12-page, 3000-word, warned that we must not trust information provided to short-form executive summary. It has only one table in us by the Linking Melbourne Authority. Just last it talking about benefit-cost ratios. When you get to that week — and I heard the member for Melbourne table, in regard to the economic metrics of the highlighting this — employees of the Linking east–west link stage 1, it says there is a benefit-cost Melbourne Authority were out in Kensington showing ratio of 1.4. outdated maps to local residents, as revealed on the Jon Faine radio program. It is just ridiculous. Members can read what Rod Eddington had to say today comparing the 800 pages of information released Former VicRoads manager of network modelling and under former Premier Brumby to the 12 pages in this analysis Doug Harley said that the government is using short-form summary. The big surprise is that when a ‘dodgy model’ to produce a benefit-cost ratio that just members get to Mr Eddington’s analysis, they will see looked good. With these kinds of dodgy dealings that he also has a benefit-cost ratio of 1.4. The happening behind the scenes it is little wonder the government could not even come up with a different government is struggling to convince people that the figure. It has copied Rod Eddington’s figure. But the project is any good. big difference is that this is just for the eastern My own local council, the City of Moonee Valley, has section — the east–east link. Rod Eddington supplied written to all the residents opposed to the project.
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People in Moonee Ponds have been talking about which was in the Eddington report. That is where we having to vacate their homes. People who bought are at. Government members need to start doing their apartments off the plan are wondering where their homework and release the full business case. If they are investment has gone. Moonee Valley council does not going to keep talking about the benefits and the support the project and, as I highlighted earlier, benefit-cost ratio, they should not adopt the figure of Transurban has said it will not touch it. Infrastructure 1.4, which is exactly the same figure that Sir Rod Australia has it at the third level of priority — lower Eddington put on the full east–west link, the Melbourne than the Melbourne Metro tunnel. Metro rail tunnel, the truck action plan and the regional rail project. Members of the government should get This is a project that from the outset has been shrouded their figures right and do their homework because this in secrecy. But we must talk about the fact that it is is nothing but an embarrassment. I would be $8 billion of taxpayers money being thrown around. embarrassed to put out a 12-page document to the This will sideline the big projects, like Melbourne public for a project worth $8 billion. Metro — the one Infrastructure Australia said was ready to go and needed to be made the highest priority Mr Nardella interjected. and funded here and now. We cannot talk about an airport rail link or a Doncaster rail unless the Mr CARROLL — The member for Melton Melbourne Metro rail project is completed. mentions trams. You cannot get a tram down this tunnel, and it will put big projects well behind the eight If members look at Public Transport Victoria’s ball. The real issue is encouraging different thinking website — the government’s own website — they will about metropolitan rail The people out in the suburbs, find more information on the Melbourne Metro rail such as the constituents in my electorate in Avondale project than they will on the east–west link. All they Heights, East Keilor, Airport West and Melton, all will see — and the Premier keeps talking about it — is know about freeways and traffic jams — and they want the 12-page, 3000-word high school essay without to see an investment in public transport. sources and with only one table. It is embarrassing. It would get a fail in any assessment. Compare it to the The DEPUTY SPEAKER — Order! The Melbourne Metro rail project, which Infrastructure member’s time has expired. Australia has said is ready to go. Mr BLACKWOOD (Narracan) — It is with What does the Premier say on the Melbourne Metro rail pleasure that I rise to make a contribution to the debate project? He says, ‘We need to find a new name for it; on the matter of public importance (MPI) proposed by it’s not catchy enough’. While he is out there trying to the opposition. For the life of me, I cannot work out find a new name for the project, the public wants to see why opposition members would put up an MPI such as investment in it. I was stopped by a constituent from the one they have put up today, which opposes a Avondale Heights on the way to my office the other groundbreaking project that will set up all communities day. He said, ‘Ben, I’m a car driver. I don’t use public across Victoria for many years to come. It just amazes transport, but the east–west link cannot go ahead. I me to think of the time spent flipping and flopping over remember when CityLink was built. It was good for six this project. For example, when Labor was in months, and then it was just a car yard full of traffic. government the now Leader of the Opposition and that You’ve got to get people onto public transport, and government supported this project. Members of the you’ve got to make the investment’. It is about previous government were prepared to adopt Sir Rod investing in buses. Eddington’s recommendations and supported the project. Even last year the Leader of the Opposition Last night I read the recent submission from Bus made the comment: Association Victoria to the government’s metropolitan planning strategy. I have heard the minister and the Every one of the projects we need escalates in price every month the government delays. Chair say that buses have to be a component of that strategy. On the subject of cost-benefit ratios, the Yet today the Leader of the Opposition wants us to take submission says: the east–west link project to the people at next year’s election, which would hold up the project. This makes In terms of benefit costs to the Victorian economy, recent research commissioned by BusVic showed that the existing no sense at all and puts in jeopardy the livelihoods of bus services … had a benefit-cost ratio of 3.5:1. Victorians and the economic benefits this project will bring to the state. Compare that to the government’s cost-benefit ratio of 1.4 to 1 for the east–west link, or the minus 0.5 to 1
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As we have seen, the project has had plenty of other … more roads, and particularly bad ones, won’t do anything supporters, including the Leader of the Opposition to deal with the traffic congestion that we all face every day. when he was a cabinet minister; former Prime Minister But what the Leader of the Opposition does not the Honourable Julia Gillard; Bill Shorten, MHR: acknowledge is that this project is a good project. Clear Bendan O’Connor, MHR; Nicola Roxon, MHR; the benefits will flow to the whole state of Victoria and state Labor members for Footscray and Williamstown particularly to its economy. in this place; and Cesar Melhem and Adem Somyurek, respectively members for Western Metropolitan Region There are also many Labor MPs who contradict the and South Eastern Metropolitan Region in the Council. Leader of the Opposition. I will quote federal Labor They have all agreed that this project needs to happen MP Mike Symon, the member for Deakin, who is for Victoria. They all support it, and they are prepared quoted in the Herald Sun of 1 August — — to stand up and say they support it, despite the political games that other members of their party want to play. Honourable members interjecting.
I refer to the shadow roads minister and his reference to Mr BLACKWOOD — This federal member faces the proposal to turn Hoddle Street into a tunnel. As the an uphill battle in the coming election, but he was still Minister for Public Transport indicated today, that is prepared to say: clearly a ridiculous notion. The Leader of the I want more (road links) as anyone in the outer suburbs Opposition says he knows nothing about that proposal, does … but the projects need to be able to stack up. so I do not know what those on the other side are doing or where they are coming from — and some of the They do stack up. On 15 August 2008 even former claims they make are untrue. A business case has been Premier John Brumby said: developed up — — I think what is undeniable, in Rod Eddington’s report, is that Ms Beattie — Where is it? the city does need a second east–west crossing … … Mr BLACKWOOD — The executive summary is available on the Linking Melbourne Authority website. … one way or another we’ve got to address this issue of a If the member for Yuroke cannot find the website, then second east–west crossing … she has a problem. Clearly a lot of statements have been and are being Ms Duncan — Have you read it? made that contradict the position taken by the opposition. In May 2006 former Premier Steve Bracks Mr BLACKWOOD — Yes, I have read it. When said: CityLink was first being discussed — — The government will also take steps to fully explore and Honourable members interjecting. access options for the development of another east–west link … Mr BLACKWOOD — I guess you could say that So there you go. despite what the Leader of the Opposition says, Labor has learnt nothing from its defeat in 2010. When the Honourable members interjecting. Leader of the Opposition lost that election, he admitted that it was because Labor could not keep pace with Mr BLACKWOOD — I note that the words are growth or provide what families really needed, yet now ‘east–west’ not ‘west–east’. On 19 August 2008 a he says he will not go ahead with a project that will member for Western Metropolitan Region in the make life easier for Melbourne’s families. Council, now the member for Lyndhurst, said — —
On 15 August the Leader of the Opposition said on An honourable member — The Crouching Tiger. 3MP radio: Mr BLACKWOOD — The Crouching Tiger said: We’ve never sought to question in the first instance Ted Baillieu and now Denis Napthine’s mandate … … the Greens have told motorists in the middle and outer west to ‘stick it’ — no new river crossings and no new roads But what is he doing now with the position he is taking for them. Car drivers in the west are to be punished, sacrificed and the rhetoric he is going on with in relation to this on the altar of green ideology. project? On 12 August on 3AW he said: What an absolutely profound statement! An article in the Moonee Valley Leader of 22 July states:
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The Labor state opposition would not commit to backing or To repeat, this group is made up of the RACV, the scrapping the project if it won the 2014 election, but VTA, the VACC, Roads Australia, ConnectEast, Essendon state Labor MP Justin Madden said the project would increase Moonee Valley congestion. Transurban, VicRoads and Victoria Police. They say: The member for Essendon acknowledged that it would The state government has made a number of important announcements to assist with keeping traffic in Melbourne move traffic across the north of the city. He said: moving. This includes the introduction of high-productivity freight vehicles onto more major roads, the planned abolition It will push a lot of the Hoddle Street traffic into the of level crossings, funding for the east–west link and other Flemington Road and Racecourse Road areas … transport links, and the continued successful rollout of the managed motorway program. That will cause significant congestion in those surrounding streets because there will be more locals who will seek to avoid those main arterial roads because of the congestion. Clearly all these groups understand where the government is going — that it is making serious He acknowledged the problem. attempts to get congestion off city roads and improve the movement of traffic across the city, not just in the I highlight that this week is Freight Week. I had the south but also in the north. It is important that this pleasure of being a speaker at the opening of Freight happens. Week on Monday, and the topic was congestion. There is a group called the Reliability Taskforce, which is In terms of my electorate of Narracan and the broader made up of road user representatives, including the Gippsland area, a lot of freight and passenger traffic has RACV, the Victorian Transport Association (VTA), the to move from one side of Melbourne to the other. The Victorian Automobile Chamber of Commerce (VACC) east–west link will make an enormous difference to the and Roads Australia; road operators and agencies, way businesspeople operate in Gippsland. It will make including ConnectEast, Transurban and VicRoads; and an enormous difference to the movement of milk, enforcement agencies, including Victoria Police and, timber and fruit and vegetables — all those products again, VicRoads. Interestingly the task force’s situation that need to be moved from one side of the city to the analysis of congestion says: other — and also improve access to the Epping market and Tullamarine airport. It will be of enormous benefit These organisations conducted a range of investigations and to the lives of country Victorians, in particular in my concluded that Melbourne’s major arterial, freeway and tollway network (approximately 3000 kilometres in length) area of Gippsland. I commend the project to the house. carries some 50 per cent of Victoria’s daily traffic, yet it represents only 3 per cent of Victoria’s road network. It is a Ms DUNCAN (Macedon) — I am pleased to rise to vital supply line. When this network is interrupted, speak on the opposition’s matter of public importance Melbourne stops. on the east–west tunnel. I would also like to comment Using the national Austroads guidelines, which put the cost of on the contribution from the member for Narracan. delays at $30 per vehicle per hour of delay, VicRoads, Imagine if a city-based MP on this side of the house Transurban and ConnectEast have estimated the monetary had tried to tell regional Victorians how traffic might cost of breakdowns and incidents by using the number of move around Morwell. We would be precluded from lanes blocked and the impact on travel times. speaking on matters about which we knew nothing. I Using an example of an over-height truck travelling through found it bemusing to hear the member for Narracan the Domain Tunnel and causing damage to the infrastructure talking about city areas that presumably he knows little on 12 December 2012, CityLink estimated the cost to the about, just as he knows very little about the so-called community as $112 500. The direct cost of delays can be business case the government is running with. calculated as: three lanes x 2500 (vehicles/lane) x $30 x 0.25 hours (15-minute delay) … I would like to go back a little bit. On the morning of That comes out to $112 500, but: 17 April, as the final touches were being made to this government’s third budget, Doug Harley sat down to When the impact on surrounding arterial roads and the compose an email. In just under 700 words Doug additional fuel usage and vehicle operating costs is taken into Harley — a VicRoads expert turned whistleblower — account, this figure rises to over $250 000. neatly demolished the foundations on which this The situational analysis goes on to say: government’s signature project shall be built. In just under 700 words he exposed the government as being The state government has made a number of important either dangerously ignorant or deliberately announcements to assist with keeping traffic in Melbourne moving. irresponsible, or both. The fate of this project is encrypted in the following figure — 80 000 to 100 000. That is how many vehicles
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this government projects will use this tunnel and pay rationalism — it does not matter what the figures or the this toll. That is the traffic modelling. At the heart of facts say — do this? any road project — public or private, tolled or otherwise — is traffic modelling. That is not some sort The reason for this has occurred to me. This is a of bureaucratic drivel — quite the opposite. It is the government that does not allow facts to stand in the foundation. It is the market. It is the reason why roads way of a good story. It does not let science stand in the succeed or fail. The answer should be calculated with way of arguments on climate change. It does not let ruthless precision, because that figure is the foundation arguments about cattle in the high country, the Alpine of any investment. National Park, stand in the way. It does not matter how many scientific reports have been done, this This project is wrong. The state’s foremost authority on government proceeds regardless. This is not a it believes it is wrong. Our friend from VicRoads government that likes to let facts and statistics about believes this so strongly that he resigned his managerial crime, punishment, social justice or the way in which post at VicRoads because he could not, in good you reduce crime stand in the way of a good show on professional conscience, associate himself with its how tough it can look. It does not matter that crime inaccuracy. When Doug Harley sat down in April and rates are increasing; it does not matter that the jails are wrote the now-infamous email, he delivered the failing. None of that matters because it sounds good on warning loud and clear. He said: the front page of the Herald Sun.
… we must not trust the information provided to us by the If the crime statistics keep rising, this is a government Linking Melbourne Authority. that will say, ‘Do you know what? We’ve got more He also said: police on the beat and there’s greater detection’. Do not ever believe the government on facts or statistics. We We know for a fact that they are using an inflated … have seen that amply demonstrated by this project. This model … in order to inflate the numbers of vehicles that … is a government that says, ‘Let’s not let the facts stand will be using the project. in the way of an illusion of action’. This is a He said if the government relies upon the inflated traffic government that has been accused of doing nothing. modelling: This is a government that says, ‘What are we going to do? We’re going to put on a show. We’re going to … you would have to answer that you did not take all announce a 5-kilometre tunnel that costs $1.6 million ‘reasonable’ steps to ensure that you had confidence in the per metre’. Sir Ron Eddington referred to an east–west forecasts … link, but it might be truer to call it a west–east link. This What does the Premier have to say to Mr Harley, his is a government that said, ‘Let’s try to confuse people government’s own manager of traffic modelling at by calling 5 kilometres of that link’ — nearly 25 per VicRoads? Nothing. Nothing was even asked of cent of the total project — ‘the same thing. Then people Mr Harley in the first place. Mr Harley said: will think it’s going to do the same thing. We know that this is a tiny slice of a much bigger project, but let’s try I would also expect that you might seek that advice from to confuse everybody and ascribe the same cost-benefit someone whose role it is to provide advice on modelling ratio to the entire project and impose it on this issues, like the ‘manager, network modelling and analysis’. 5-kilometre slice of an 18-kilometre project’. As Mr Harley points out, if the government could not ask him for his expert advice, then: Why would the government do this? I have a theory on this, which is based on what we know from the What would your answers be when you are being Minister for Roads and Minister for Public Transport. cross-examined as part of a class action lawsuit taken by the We know this because we have friends in VicRoads. ‘mum-and-dad investors’ who lose their superannuation We know that the minister said to VicRoads, ‘Don’t retirement savings … bring me anything that Labor was looking at. I don’t Doug Harley goes on to say: want to look at anything that those guys were going to do. Let’s not let any facts stand in the way. Let’s ignore We are stewards of the funds that taxpayers provide to us … the fact that the taxpayers of Victoria paid for the We should all be looking forward to the consequences of independent Eddington report that tried to look at total what might happen. transport needs in this state for the next 20 or so years. On those words the fate of this project and this Let’s get someone — not government, not government will hang. It begs the question: why would politicians — who knows how to make a plan’. the government be doing this? Why would a government that brags and prides itself on economic
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How governments prioritise these plans is up to them, The east–west link is the missing link. It is the link that but this government has prioritised a pipsqueak of a extends across Melbourne connecting the Eastern project — compared to the total project it once was — Freeway to the Western Ring Road. The startling thing over all the other projects that were once given higher about Labor members is that they would even try to priority. We understand what is behind this: the lecture us. The day I take a lecture about prioritisation minister does not want to do anything that could and fiscal responsibility from people with the vaguely be associated with a Labor government plan. demonstrated incompetence of those opposite is a long The Minister for Roads said in January 2011: way off. In fact those opposite blew billions and billions of Victorian taxpayers money in their 11 years We went to the election to say that we had no plans for the of government. It will be around 27 years before I tunnel. And that is our policy. would even think about considering listening to those The minister accused the member for Tarneit and the opposite on financial and project management matters. member for Lyndhurst of making up a story about digging a tunnel under the Carlton cemetery. He said Day after day, week after week, month after month, that they made that up and were wrong. Let us see how year after year and decade after decade we will swallow wrong they were. the bitter pill of Labor’s failure to plan and prioritise. Its members are masters of the white elephant. They failed Straight after the election the Minister for Roads to prioritise for Victoria’s water needs. They panicked claimed that the answer was an efficient, reliable public and committed our children’s children to paying for the transport system. Clearly no sooner had the minister Taj Mahal of desalination plants for the next 27 years at started looking at the projects that would do all of the $1.8 million a day. They panicked. They prioritised good things like reduce congestion and improve public taking water from across the Great Dividing Range — transport than he found that they were all Labor the country — to supply the metropolitan areas. If the projects; they were all worked on by the previous metropolitan areas are dry, then so is the country. government, so therefore he could look at none of them. He had to backtrack; he had to distance himself from Today we have seen opposition members who can hold projects that by any objective measure should have only one thought in their minds at any one time. That been put ahead of this 5-kilometre, $1.6 million per thought is not very good at all — a $38 billion metre tunnel. The Minister for Public Transport said, unfunded transport project or plan. The only thing those ‘We don’t want any of them. We’ll come up with opposite prioritised was budgeting for advertisements. something ourselves. We’ll give the illusion of action’. That was it. They opposed CityLink. Do they still oppose CityLink? They prioritised $20 million for fairy Here we have a Premier who has been put in halfway lights on the West Gate Bridge. They prioritised through the term. He wants to look like he is doing running down our public transport system in this state. something, so he plucks something out of the air. He Just ask the people who live along the Frankston line does not come up with any cost-benefit ratios. He will what Labor did in terms of prioritising public transport. not release any of the figures. He will not consult with the community. He will sign this off 5 minutes before If we look at the regional rail link, we see that Labor the next election. Why would he do that if he is forgot to prioritise level crossings, it forgot to prioritise convinced that this project, above all other public money for trains for rolling stock and it forgot to transport or road transport projects, should take prioritise signalling. Here is something else it did not priority — — prioritise — talking to the people of Footscray, whose houses were going to be impacted by the regional rail The DEPUTY SPEAKER — Order! The link. member’s time has expired If Labor wants to talk about opportunity cost, here is Ms RYALL (Mitcham) — I rise to speak on the something to consider: $3 billion was lost in the matter of public importance (MPI). It is interesting to botched pokies licence auction, $750 million was hear the word ‘dud’ because it usually refers to blown on the north–south pipeline and there have been ammunition that has failed to fire. The only thing that I major cost overruns in project after project, such as the can see that has failed to fire in this state is the Labor $1.44 billion overrun in ICT projects. That is just to opposition. There is no better example of this than what name a few examples of the billions upon billions of we just saw: a backbencher overriding the shadow dollars that Labor blew. Treasurer on Labor’s own matter of public importance. The shadow Treasurer was silenced by a backbencher Here is what the Napthine government is prioritising when he stood to give a contribution on Labor’s MPI. with the east–west link: quicker and more reliable travel
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times that will be achieved by fixing that missing link I will just read the first part again: and connecting Melbourne’s road network. The government is prioritising reducing traffic volumes on The other argument against a new link is that it would divert taxpayers funds away from public transport, but this is key arterial roads to school holiday levels. It is another furphy. prioritising reducing traffic on roads like Bell Street, Coburg, by about 10 per cent. It is prioritising getting Building the east–west link will not stop this people home sooner to their families and friends. It is government investing in other road, public transport prioritising and supporting business owners. The and rail projects, including the Melbourne Metro government is prioritising the generation, within two tunnel. The government is not focusing on just one years of the link opening, of between $500 million and project. We have continued to invest in public transport. $700 million each year in economic benefit to Members can consider our record: 1078 extra metro Victorians. This government is prioritising jobs and train trips per week, 3400 extra bus trips per week, the investment, easing traffic gridlock on our freeways, $4.8 billion regional rail link, the $100 million bayside supporting Melbourne’s rapid population growth, rail upgrade on the Frankston line, the $25 million improving travel times, connecting Melbourne’s Dandenong line upgrade, more than $400 million industrial precincts and securing Victoria’s freight allocated to remove level crossings across Melbourne, efficiency. It is facilitating transport improvements. 15 new X’trapolis trains, 7 of which have already been delivered with 8 on the way, 40 new V/Line carriages Labor will not prioritise all this. Here is another thing on the way and 50 new low-floor trams on the way. Labor members do not prioritise: getting their facts and figures right. We know that from the billions on billions Labor can only think in binary terms. Labor members of dollars they trashed when they were in government. think that if you want one thing, it has to be at the Once again they miscalculate the situation because they exclusion of another; that if you are for X, you must be are inexperienced in financial management and project against Y. The revelation is that things are actually not management. What they do not get is that the entire binary. You can walk and chew; you can do these value of the project might be $8 billion but that is not things at the same time. You can think and you can act the government expenditure component. Given the size on more than one concept. I know it is foreign to those of the project we have been very up-front and have said opposite, but it is normal for this government — and if that tolls would need to be considered. The federal we were not pro-public transport, we would not have opposition has said that if it is successful on Saturday, it cleaned up the former government’s mess. We would will contribute $1.5 billion to the project. If the Labor not have fixed the problems with punctuality and Party just took the time to think things through and reliability on our train lines. We would not have dealt prioritised a bit of clear thinking, if they just grabbed with fare evasion. We would not have looked at the the envelope they used to do their calculations on the integration of bus and train timetables. I challenge those back of when they were in government, they might opposite to sit down and consider that it is possible to realise that they cannot add up. Labor cannot manage walk and chew — it is possible to do two things at money. once. In fact it is possible to do more than two things at once. That is what this government is about. There is one Labor member who seems to have a bit of nous. He does not sit in this place, but perhaps Labor In terms of Labor being a bit hypocritical, we can look members in this house could learn from him. at EastLink, Peninsula Link, the Southern Cross station, the Royal Children’s Hospital, the Royal Women’s Mr Hodgett — Who? Hospital, the desal plant, regional rail, HealthSMART and the north–south pipeline. Were business cases Ms RYALL — It is a shadow minister. He is the released for those projects? shadow minister for manufacturing and services and shadow Minister for Technology, Adem Somyurek. He Mr Delahunty — No. I haven’t found them. has said: Ms RYALL — There were no business cases The other argument against a new link is that it would divert released. I am actually convinced Labor does not know taxpayers funds away from public transport, but this is another furphy. Given the likely cost of a new tunnel — what a business case looks like. Despite all of this talk several billion dollars — it is likely that the project would be about releasing a business case, Labor members would fully funded by the private sector as a toll road. It appears … not know one if it hit them in the face. What we are that the private sector is ready and willing to deliver this long doing in terms of the value and benefit to Victorians of overdue missing link in our transport network in rapid time. the east–west link and in terms of the improvements we have made and continue to make to public transport
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shows that the choices are not binary. The projects we opportunities and costs of the future of Victoria are put are committed to — the east–west link, the Melbourne into this one misguided project that will not ultimately Metro rail tunnel, the port of Hastings and the regional do the things the government says it will. rail link — are all game-changers in this state, things that this government is committed to. I invite those How do we know that? We listen to the experts. Those opposite to try to think about more than one thing at opposite do not, but we do. When the government was once, to not put the handbrake on this state, to not put told not to prioritise this project, it did not listen. When the handbrake on Victorians, to actually do a U-turn the Linking Melbourne Authority went to the minister and think about what needs to be done to deal with the in early 2011 and said, ‘Do not build from the east, state’s future growth and to deal with the needs of build from the west, that is where the priority lies’, the Victoria. I invite them to get on board, get on track, get government did not listen. When Sir Rod Eddington on the right road and head in the right direction. said, ‘Do not build from the east, build from the west, that is where the priority lies’, it did not listen. Who Mr PALLAS (Tarneit) — It gives me great pleasure were government members listening to? When the chief to speak in support of the matter of public importance. modeller of transport at VicRoads basically said, ‘I am The government only gave its business case to not going down for this. I am not going to be held Infrastructure Victoria seven weeks after it had accountable in court when somebody loses their money announced it was going to proceed with this project, so on this flawed project’, what did they say? They when it comes to thinking, this government did the basically said, ‘We are not listening to you either’. walking before it did the thinking; effectively it put the project before the methodology, the thinking, the This is a government of kindergarten economics and rationale. That is the basic problem. This is a schoolboy politics. This is a government that is not cart-before-the-horse government. This is a planning for the future; it is planning for the next project-before-priority-and-principles government. The election. Victorians will hold it to account. There is a Premier has said that if only Kevin Rudd stood at the process for deciding what large projects deserve to be end of the Eastern Freeway, he would get out his funded and this government has shown absolute cheque book. I doubt he would, because if you had to contempt for that process. The Premier did not submit decide how to spend, in a consolidated sense, up to the business case for this $8 billion project until June, $8 billion of taxpayers money, would this be the project seven weeks after he had announced he was going to you would spend it on? build it. When he did submit the business case he included wider economic benefits against the advice of It turned out that Tony Abbott, who never met a road he Infrastructure Australia. Infrastructure Australia is not did not like, but does not care one jot for public convinced that this project will, in its words, ‘deliver transport — the man about whom the Premier said, ‘Do benefits exceeding the costs incurred’. not worry about Tony, he will be right’ — put him back in his place and told him exactly what he could do The Premier stood on the footpath at the end of the about improving public transport under a future federal Eastern Freeway and said he is going to fix the Liberal government. The Premier can say all he wants congestion. Who, apart from the opposition, says this about his great love and affection for public transport project will not fix it? VicRoads says it will not fix it. and how he is going to go about implementing Labor’s Earlier today we heard the Minister for Roads in this strategy for a Melbourne Metro rail tunnel and other place saying that there is a discredited Hoddle Street critically important public transport projects, but words study. He did not read it. Like everything else this matter not. government goes about, it has gone about this project in a half-baked fashion. It did not read the study. What did This government must be judged on its actions, and its the preliminary Hoddle Street study, the redacted actions reveal nothing but boorish, unsophisticated access to information study that this government makes thinking. That is the sort of thing we have come to available to people, say? In the terms of that report it expect from this government and from this Treasurer, said that the Eastern Freeway to Tullamarine Freeway who today described the opposition as producing tunnel connection will not fix congestion on Hoddle ‘kindergarten economics’. This came from the Peter Street. That is what the report said — that it will not fix Pan of Treasury, the boy who never grew up, the congestion on the Eastern Freeway at Hoddle Street. Melbourne University Liberal Club debating society chair, the man who tripled state debt under this All of those people sitting in their cars and waiting for government’s watch and who has effectively seen state relief while this government prances around telling debt grow from $8 billion to $25 billion in projected out them it has a solution for congestion need to know that years. What an outrage! At the same time all the this game-changing, congestion-busting, boondoggle
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the government is advocating will not do it. Who said It does not. It uses them up, it chews them up and it those words? It was VicRoads. Essentially this is a disregards them. concept from a government that does not understand the opportunity cost of what it is doing. On this side of Let us talk a little about mandates. Before the last the chamber we can walk, we can chew gum and we election the now Premier said that in effect talk of a can think as well. Members of this government might mandate in regard to constitutional reform was rubbish. be able to walk and chew gum, chew cud or whatever it Although it was part of the Labor Party’s policy before is they do, but they do not think about the consequences that election, he said it was not on the coalition’s of their actions. We need an integrated transport system political agenda. What do we say about a government where planning comes ahead of project commitment. that when it was in opposition came to the election and said, ‘You can’t drive yourself out of problems. We The spending of $8 billion on one dud tunnel is a pretty have no plans for an east–west policy’? Even when its serious opportunity cost loss. No amount of inane members were in government they said they had no bleating and sloganising about how this is a plans for that tunnel. This is a government that lied to game-changer can obscure the fact that infrastructure the Victorian people and cannot be trusted, and it will planning is not a game and that the vast majority of be held to account for this boondoggle. Victorians are going to miss out because of this decision. Last month the Auditor-General alerted STATEMENTS ON REPORTS Victorians to the urgent need to provide adequate transport infrastructure to the outer suburbs. There is a Outer Suburban/Interface Services and $6.2 billion backlog in rail infrastructure and a Development Committee: growing the suburbs $5 billion backlog in road infrastructure, and this dud tunnel will do nothing to fix that. Worse than that, this Ms BEATTIE (Yuroke) — The Outer tunnel will suck away the opportunity to address the Suburban/Interface Services and Development needs of the transport poor. We are told there could be Committee report entitled Inquiry on Growing the as many as 3200 jobs created in this up to $8 billion Suburbs — Infrastructure and Business Development in project. If we do the maths, that is $2.5 million per job. Outer Suburban Melbourne is a good report. It contains To put it another way, it is 33 times the average wage many recommendations, but I would like to particularly of an Australian worker. What a brilliant job-generating focus on chapter 5, which talks about employment, project that is. It would have to be the most expensive transport and essential services. Before I go into that, I ever job-generating infrastructure project in the world. would like to commend the committee on its work. I note that on several occasions its members visited the When this government came to office it promised no city of Hume, so its members have been out to the secrecy and no spin. What have we seen? We have western suburbs. As I said, its members did a lot of basically seen government members wander around work and went to a lot of places, including the outer pretending that there is some unanimous view suburbs. Finding 5.8 states: supporting this tunnel. I know of at least one member of the government who has a contrary view to the That redesigning and improving local bus networks and routes is an important means to influence mode shift from government. Mr Andrew Elsbury, a member for cars to public transport. Improvement measures could include Western Metropolitan Region in the Council, was reduced journey times, increased service frequencies and quoted in the Brimbank Leader as saying: straighter, more direct routes between origins and destinations. … I hope that the minister — That is a good thing. I note that the member for that is the Minister for Roads — Seymour is in the house. She was also a member of the committee, and I am sure she will back me up on the and those planning this vital project — things I say, and hopefully the government will lament the east–west link — some of these findings and recommendations. Recommendation 5.5 says: recognise the benefits that starting in the west can bring to the project … That the Victorian government undertakes planning to improve Melbourne’s outer suburban bus network in order to That man should be the Premier. He is a genius. He is better connect employment centres, other activity centres and the Uncle Tom of the Liberal Party. The Liberal Party key public transport nodes to improve access to jobs, education, health and other services for outer suburban put him into the western suburbs to pretend that it has communities. even the scantest bit of concern for people in the west.
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That is a good thing, and it is timely because just this The government anticipates that revenue will grow at a faster week I had a letter from the Greenvale Residents rate than expenses over the forward estimates period. The government expects average annual revenue growth over the Association. It wants a bus review, and that would go forward estimates to be 4.0 per cent and average expenditure hand in hand with the findings of the outer suburban growth to be 2.5 per cent. committee’s work. It would also go hand in hand with the Auditor-General’s report entitled Developing Taken on its own, that is a fairly simple commentary Transport Infrastructure and Services for Population and a fairly straightforward point, but the key thing to Growth Areas. Figures from the Auditor-General’s remember about this particular comment is the stark report show that 26 per cent of Greenvale residents do contrast between this government and the Labor not live within 400 metres of a public transport stop. It government, which had expense growth exceeding would seem that is a good case for implementing revenue growth year after year. Anybody with the most recommendation 5.5 and giving the people of simplistic understanding of budgeting and accounting Greenvale a bus review. would realise that that is a completely unsustainable position. In a couple of little sentences on page 22 of Members here, and certainly the member for Seymour, this report we have a very clear position on the way this may have gone to Craigieburn and noted the new government deals with financial matters, how it shopping centre, Craigieburn Central, which is understands the implications of spending more than you anticipated to open in a few weeks at the end of earn and how it is not allowing that to happen. October or early November. The new shopping complex has a bus interchange, but people from On page 23, table 2.9 outlines the revenue and expenses Greenvale, only a few kilometres down the road, do not estimates from 2013–14 to 2016–17. The key line I have a bus to get to the biggest shopping centre want to highlight there is the operating surplus. We can development happening in Victoria. see the 2013–14 budget figure of $224.5 million, the 2014–15 estimate of $398.7 million, the Public transport in the outer suburbs was also 2015–16 estimate of $1927.7 million and the canvassed widely this morning in the debate on the 2016–17 estimate of $2547.4 million. The government east–west link. We have heard those on the other side has budgeted for and forecast an outstanding financial defending their transport infrastructure — the $8 billion position in those out years, and that shows incredibly east–west tunnel — but this report tells us that we could responsible financial management. have a lot of services for a very modest amount of money, relieving congestion in the outer suburbs and What a stark contrast that is to the reckless and taking people to employment nodes and shopping irresponsible financial management we have seen in centres. I urge the government to take notice of these other jurisdictions in this country. I particularly think of recommendations and implement them. the federal Labor government and how it has woefully presided over a series of growing and completely Public Accounts and Estimates Committee: unsustainable deficits. The federal Labor government budget estimates 2013–14 (part 1) has been a textbook example of an out-of-control financial situation with total mismanagement from the Mr ANGUS (Forest Hill) — I am very pleased to top down. We are all hoping that on the weekend there rise today to speak once again on the 116th Public will be an end to that sort of reckless and irresponsible Accounts and Estimates Committee report, entitled financial management. Report on the 2013–14 Budget Estimates — Part One, which was tabled in this place in June this year. Last The second aspect I wanted to touch on in this report is time I spoke on this report about various aspects, in relation to section 2.6.2 on page 24. This section including its structure and recommendations. Today I talks about funding asset investment, and for simplicity want to focus on three other aspects. Firstly, I want to it notes the four sources that enable the government to talk about point 2.5.2, on page 22 and following, which fund its infrastructure program. It is not rocket science, deals with projected future operating surpluses. but there it is for members to see. Secondly, I want to look at point 2.6, on page 24 and following, dealing with asset investment. Thirdly, I The table on page 25 deals with the projected asset want to look at point 2.7 on page 28, dealing with investment, and the middle line, headed ‘Asset Victoria’s credit rating. investment’, shows the 2013–14 budget figure of $6246.2 million of projected asset investment. Again At the bottom of page 22, under the heading ‘Projected this is a record position, it is an outstanding position future operating surpluses’, point 2.5.2 states: and it is a responsible rebuilding of infrastructure
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within the Victorian community. Those numbers are that means in about 80 000 of those life-threatening certainly to be admired. emergencies ambulances are taking more than 15 minutes to arrive. Finally, turning over to page 28, section 2.7 deals with Victoria’s credit rating. The quotes from Under this Minister for Health ambulance response Standard & Poor’s and Moody’s are there for all times have gone backwards every year, with little members to read, but we can see there a succinct assurance that this year will be any better. At PAEC’s summation of the very responsible and appropriate budget estimates hearings the minister was totally financial management that is being undertaken by the evasive on questions relating to response times. He current coalition government in Victoria. tried as hard as he could to avoid even mentioning the term ‘response times’. He was asked three times In conclusion, I note that the report provides a whether response times would improve in this financial comprehensive overview of the budget, which should year, but he gave no assurances. be of benefit to all members, and I commend the report to the house. Sitting behind these PAEC hearings and the subsequent report are the human stories. Almost every day in our Public Accounts and Estimates Committee: papers here in Melbourne and across the state we read budget estimates 2013–14 (part 1) about problems with our ambulance service. Just last week in the Geelong Independent there was a story Mr NOONAN (Williamstown) — I am also pleased headed in part ‘Wait for ambulance “killed my to rise to make some comments on the report that the mother”‘. Eighty-three-year-old Dorothy Read waited member for Forest Hill referred to, and that is the in severe pain for 90 minutes for an ambulance after Report on the 2013–14 Budget Estimates — Part One, falling from a car and severely fracturing her leg in two which was tabled back in June. I will focus my places. Her daughter relayed a tale of failure. Dorothy comments today on chapter 5 of the report, and within waited for 90 minutes in the cold and rain after falling that the performance of our ambulance service, which is from the car. According to the story she suffered referenced on page 54. exposure due to the appalling weather conditions. The 000 call responder told Dorothy’s daughter not to move When the Minister for Health, David Davis, appeared her, which is what she did; she just made her warm. before the Public Accounts and Estimates Committee (PAEC) on 14 May he was peppered with questions That 90-minute wait involved three calls to the about the declining performance of the ambulance 000 service, but that did not yield an ambulance any service, especially the blow-out in response times to quicker. By the time the paramedics finally turned up life-threatening emergencies, otherwise known as Dorothy Read was suffering cardiac arrest, and code 1 cases. subsequently she was rushed to Geelong Hospital. She spent a week in hospital, but sadly she died. This is a Page 129 of budget paper 3 contains performance terrible way for a great-grandmother to end her life, and measures for our ambulance service, and the understandably her family members, with whom I government has a clear target to respond to 85 per cent spoke this morning, are extremely upset. of code 1 call-outs within 15 minutes. Sadly the government’s performance as outlined in this year’s As too is Julie Wilson. Julie has been left devastated by budget papers was absolutely miserable. The budget the loss of her much-loved 18-year-old son, Brodie, papers revealed that only 72 per cent of code 1 case who died in late June after waiting almost half an hour ambulances were arriving within 15 minutes, which is a for an ambulance to travel about 25 kilometres from clear 13 per cent lower than the government’s own Sunbury to Melton after he suffered an asthma attack. target. More concerningly that measure is going This is a very tragic case. There was not one ambulance backwards. In 2011–12 the figure was 74.8 per cent, closer than 25 kilometres away to help save Brodie’s and in 2010–11 it was 77.1 per cent. In Labor’s last full life. I have met Julie Wilson on a number of occasions year in office, 2009–10, that measure was 80.7 per cent. since her son’s death. She is an enormously brave person who does not want her son’s death to be just Under Labor more than 80 per cent of code 1 cases another statistic. What she wants are answers. She were responded to within 15 minutes, and under the wants to see the ambulance system fixed. She wants an Liberals today that figure is just 72 per cent. What this assurance that no family will have to deal with the grief means is that almost 30 per cent of code 1 call-outs are and pain that her family is experiencing. not arriving within 15 minutes. Given that Ambulance Victoria responds to about 300 000 code 1 cases a year,
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I have made it clear to Julie that I will support her every upgrading of its regional airport, and there is a step of the way, particularly as she pursues a coroner’s possibility of more coming for further significant inquiry in relation to the death of her son. I say this to upgrades at Benalla Airport. That would be fantastic, the minister: it is time for action. It is time to fix the given that the World Gliding Championships are ambulance response times. No fudging, no excuses and coming to Benalla in 2016. no avoidance — just get the job done. We also have another project called the Advancing Economic Development and Infrastructure Country Towns project, which is supporting local Committee: local economic development government. Only last week I was at Eildon, where the initiatives hardworking member for Seymour and I were able to announce further investment in the area around Eildon, Dr SYKES (Benalla) — I wish to make a Thornton, Alexandra and Taggerty. In this case it was contribution on the Economic Development and money going towards supporting the Eildon houseboat Infrastructure Committee’s report on its inquiry into association. By supporting the houseboat owners and local economic development initiatives in Victoria. I the other people involved in the houseboat industry we wish to relate my remarks to the first sentence in the will enable those people and those industries to take second paragraph of the chair’s foreword, which states: advantage of the changes made to houseboat licensing. It will create the ability to have more houseboats on Economic development at the local level requires effective Lake Eildon under strict environmental conditions, and collaboration between all levels of government, local businesses and the community. that will see our local community, particularly at Eildon, grow because there will be jobs created, wealth Local economic development is an integral component created and many more people flocking to our area to of the overarching policy of the Liberal-Nationals take advantage of the wonderful experience of house coalition for the wellbeing of Victoria and Victorians. boating on Lake Eildon. Our overarching policy is to create wealth, to create jobs, to improve the livability of all our communities We also have money going towards exploring further and to care for our vulnerable citizens. development of the rail trail and towards the Goulburn River festival. There are many things happening. Our This report highlights the need for local government to government is supporting local government, and with have economic development plans so that those plans good economic development plans country Victoria has can be part of the overall plan. As I said, it also a bright future. highlights through many aspects of the report the need for all levels of government to work together. At the Education and Training Committee: education state level the Liberal-Nationals coalition government is of gifted and talented students not just talking the talk, we are walking the walk. We are supporting local government through projects such Mr BROOKS (Bundoora) — I wish to make a few as the $1 billion Regional Growth Fund, which at a comments today on the Education and Training grassroots level will see $2 million coming to each Committee report on its inquiry into the education of local government in regional Victoria over the four gifted and talented students, which was tabled in June years of the first term of the government for projects last year. At the very outset I want to commend the that the local governments consider important. Over members who were members of the committee at that and above that, there will be another $2 million for each time. Some of those members left the committee of our regional local government areas for the Putting following the development of the report. I thank the Locals First program, which will address community staff of the committee for their work, particularly the priorities and business initiatives. leadership of Kerryn Riseley. This is another great report that provides an insight for members of On top of that, the Liberal-Nationals coalition is Parliament into an important part of the education providing $160 million to 40 regional local government system in Victoria. areas for them to invest as they see fit in road and bridge infrastructure — that is an extra $4 million over The report sets out not only the advantages of investing the term of this government to help cash-strapped in programs and specialised learning for students of regional local governments address their road and high ability; it also sets out some of the negative bridge infrastructure maintenance requirements. Over impacts when those sorts of programs and the learning and above that we have other projects, such as the for those students is not catered for. The member for Regional Aviation Fund. I think that is a fund of about Caulfield, who was the chair of the committee at the $20 million, some of which has come to Benalla for the time this report was developed, wrote quite a good
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article that was published in the education section of the schools made key recommendations to the committee Age of 20 August 2012, in which he set out some of in that respect, but of course we have not seen the those issues. In terms of the negative impact that failure government act on those concerns — and it cannot act to address those issues can have on students, the article on those concerns, because it would require the states: investment of resources in education.
The alarming fact is that we have a large number of these We know that you cannot have a government invest in potentially brilliant minds dropping out at year 10. Some of these programs when it is ripping more than half a the reasons for this include gifted students being frequently bullied at school, becoming bored and frustrated and billion dollars out of the education system in Victoria. developing behavioural problems that only exacerbate their Under this government, regional network leaders have disconnect from the learning environment. been stripped away from school regions. These were people who helped to drive school improvement and Given that the terms of reference for this inquiry were drive the sorts of programs that help students who are given to the committee only a few months after the gifted and talented, as well as all students across the Liberal-Nationals coalition came to government, one whole spectrum — students who need extra assistance would have hoped that after the tabling of this report in because they are falling behind and also students who June 2012 the government would have acted decisively are of high ability. We have seen this government on the recommendations contained within it. Instead eliminate literacy coaches from regional offices of the what we have seen is that in April this year, nearly a Department of Education and Early Childhood year later, the minister released a directions paper. Development. We have seen school budgets stripped Without investing in specific actions, the minister away and put under pressure. Even cuts to programs decided to release a directions paper — not a like the Victorian certificate of applied learning have comprehensive report like that produced by the had an impact on the students. parliamentary committee but a flimsy four-page document which essentially recaps the main points of The ACTING SPEAKER (Mr Burgess) — Order! the parliamentary committee’s inquiry. He went on not The member’s time has expired. to outline specific actions that the government would take to address the issues that were raised by people Outer Suburban/Interface Services and who made submissions to this inquiry but to say that Development Committee: growing the suburbs the government was now embarking on developing a strategy for gifted and talented students. Ms McLEISH (Seymour) — I am pleased to rise to comment on the report entitled Inquiry on Growing the As in a bad episode of Yes Minister, we have seen the Suburbs — Infrastructure and Business Development in government establish a parliamentary inquiry into this Outer Suburban Melbourne. I tabled he report in June. matter and then, following on from that, produce a The report is quite extensive — some 413 pages. It directions paper in April this year, and it is now contains 24 findings and makes 56 recommendations. flagging a strategy on this issue without a time line. The This report follows our earlier report entitled Inquiry minister says that this will happen this year, but there is into Liveability Options in Outer Suburban Melbourne, no time line as to when this strategy will be completed. which had some 600 pages. The two reports should One is left to imagine that this issue — much talked probably be read together. These two reports were the about by members of the government — will not have result of an enormous amount of work involving taking been appropriately addressed by the time this evidence and conducting hearings, visits to all the Parliament finishes before the November election next interface councils — I think 11 councils near the year. interface of the city, north, south, east and west — as well as overseas visits to Canada, the United Kingdom One of the great programs that runs through various and Zürich in Switzerland. schools — around 36 schools, I think, around the state — is the select entry accelerated learning program, One of the challenges when we went to the interface which has varying contexts around different schools, as councils was to get them to give us a warts-and-all each school runs a slightly different program. A lot of summary of what had happened and how their areas those schools made submissions to the committee’s had grown over a period of time. It has been no secret inquiry, and one of the key themes from those at all that the growth in the outer suburbs has been submissions was the need for the government to invest particularly sprawling, and some of the context and in professional development for teachers so that they background to this would be that Melbourne could be are able to better address the needs of those students in considered to have grown like Topsy. Councils their classes who are of high ability. A number of those certainly perceived there to have been a lack of
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planning, and this is evidenced by Ombudsman’s only the first of a number of times I intend to speak on reports. There are certainly quite a number of deficits in this report. that area. Going to interface councils and asking them to give you a very honest appraisal of what has worked STATUTE LAW REVISION BILL 2013 well, what they have done well and perhaps what they have not done well is very challenging for them, Statement of compatibility because it is very difficult for some councils to admit that they have not always got things right. As we all Dr NAPTHINE (Premier) tabled following know, however, when you admit that and have a good statement in accordance with Charter of Human look at it, that is where your learnings come from, so in Rights and Responsibilities Act 2006: future you do not need to repeat the types of mistakes In accordance with section 28 of the Charter of Human Rights you have made. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Statute Law One of the things I want to alert the house to is that Revision Bill 2013 (bill). early in this report — in fact in chapter 2 — we have In my opinion, the bill, as introduced to the Legislative profiled Melbourne’s interface councils in terms of Assembly, is compatible with the human rights protected by residents’ skills, educational attainments, places of the charter act. I base my opinion on the reasons outlined in work and main methods of travel to work. This this statement. illustrates the extent to which many outer suburban Overview of bill residents travel significant distances beyond their local area to access employment. It highlights that as the The bill corrects a number of ambiguities, minor omissions outer suburbs have grown, the focus to date has been and errors in acts to ensure their meaning is clear and reflects more on the residential side rather than on the the intention of Parliament. infrastructure and business development opportunities In addition, the bill repeals wholly redundant acts identified that go with it. Our report deals with infrastructure in by Office of the Chief Parliamentary Counsel and one section, with business development in another and departments. with skills development in another. It really drills down. Human rights issues
I now want to touch on the infrastructure component. 1. Human rights protected by the charter act that are When we received a lot of this evidence we were early relevant to the bill in our term of government. There is a lot of talk about No human rights protected by the charter act are relevant to there being one Melbourne or two, and the former the bill. government has a lot to answer for given the lack of planning and infrastructure. We even heard the Leader 2. Consideration of reasonable limitations — section 7(2) of the Opposition admit, after he got that job, that those As no rights protected under the charter act are relevant to the opposite dropped the ball on infrastructure. There are bill, it is not necessary to consider section 7(2) of the charter huge gaps. We have seen that $9.8 billion would need act. to be spent in outer suburban areas over the next 15 years to close the infrastructure gap. That is what Conclusion interface councils have recently estimated. That is fairly I consider that the bill is compatible with the Charter of substantial. Human Rights and Responsibilities Act 2006.
I am pleased to see that some of the planning the The Hon. Dr Denis Napthine, MP Premier Minister for Planning has undertaken, particular to the north of Melbourne and in the Merrifield area, has Second reading provision for a large employment precinct as well as housing and residential development. There still exists Dr NAPTHINE (Premier) — I move: the lure of the city — the lure to travel to the big smoke to work — and that creates many tensions within That this bill be now read a second time. families and obviously adds many travel costs. The The bill before the house, the Statute Law Revision Bill travel time also makes for time away from families. It is 2013, is a regular mechanism for updating and important to put ourselves in the shoes of some of the maintaining the accuracy of statute law in Victoria. The businesses that know that locating themselves in central bill ensures that the state’s laws remain clear, relevant and inner Melbourne means they can draw on a bigger and accurate. pool and a much more diverse range of talent; there are therefore lots of challenges to be looked at here. This is
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The bill corrects a number of ambiguities, minor In addition, the bill makes several miscellaneous amendments omissions and errors found in statutes to ensure the to the act to improve fisheries management outcomes, including streamlining the existing provisions which enable meaning of acts is clear and reflects the intention of the department to levy commercial fishers for the provision of Parliament. government services and giving the department more flexibility to determine the method for calculating levies; The bill also repeals principal acts which have no replacing the requirement for the minister to publish a new ongoing operation and amending acts which are spent fisheries notice in its entirety in a local newspaper with a in effect and have no further purpose. requirement to publish the notice on the department’s website and a notice of the making of the fisheries notice in a local newspaper; and amending the definition of rock lobster to This year, the bill also amends references to reflect new scientific information on the classification of the government departments to reflect the recent restructure species. of the Victorian public service. The restructure, which is now fully operational, has sharpened the focus of the Human rights issues public service on securing investment and jobs, Provision of personal information delivering responsible financial management and providing better front-line services to all Victorians. Clause 5 of the bill amends section 145A of the act to enable the secretary to supply contact details of both commercial access licence holders and individual quota unit holders (such By correcting references, fixing errors and repealing as names, business addresses, business telephone numbers) redundant acts, the bill will ensure that Victorian and the number of licences and quota units held to statutes are updated and maintained in a regular and representative bodies (organisations which represent orderly manner so that they remain relevant and commercial fishing interests, seafood industry interests, accessible to the Victorian community. aquaculture interests or recreational fishing interests). Section 13 — Right to privacy In accordance with practice, this bill will be referred to the Scrutiny of Acts and Regulations Committee. Section 13(a) of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily I commend the bill to the house. interfered with. The right to privacy is relevant to clause 5 of the bill, however I consider that the provision of information Debate adjourned on motion of Ms GREEN (Yan to representative bodies under this bill is compatible with the charter act, as it is neither unlawful nor arbitrary. Yean). Clause 5 affects licence-holders and quota unit holders, who Debate adjourned until Wednesday, 18 September. have voluntarily become subject to this provision through applying for or obtaining a licence and/or participating in a regulated industry. The provision of information will only FISHERIES AMENDMENT BILL 2013 occur under prescribed circumstances and serves the purpose of enabling both access licence holders and quota unit holders Statement of compatibility to be contacted by representative bodies regarding their views on existing or future management arrangements. The Mr WALSH (Minister for Agriculture and Food amendment is not expected to have any major impact on Security) tabled following statement in accordance access licence holders and quota unit holders as any response with Charter of Human Rights and Responsibilities to enquiries from a representative body will be on a voluntary basis. Further, the information or views sought by the Act 2006: representative body will provide quota holders with an opportunity to have input into improvements to existing or In accordance with section 28 of the Charter of Human Rights future management arrangements. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Fisheries In addition, the existing section 145A subsections of the act Amendment Bill 2013. provide the necessary protection for privacy. Section 145A(2) provides that the secretary must not supply any such details if, In my opinion, the Fisheries Amendment Bill 2013, as in the opinion of the secretary, it would not be in the public introduced to the Legislative Assembly, is compatible with interest to do so. Section 145A(3) allows the secretary to the human rights protected by the charter act. I base my impose conditions in relation to the supply of any details opinion on the reasons outlined in this statement. under this section and s 145A(4) provides for penalties should a person breach, or aid, abet, counsel or procure the breaching Overview of bill of such a condition. The act also provides for penalties for any The bill amends the Fisheries Act 1995 (the act). The bill improper use of information obtained during the course of a establishes a new Fisheries Advisory Council (the council). person’s duties under the act (s. 147). The council will be a cross-sectoral, expertise-based body that Appointment of Fisheries Advisory Council membership will provide advice to the Minister for Agriculture and Food Security on strategic matters relating to the management of Clause 4 of the bill establishes a new Fisheries Advisory Victoria’s fisheries. Council (the council), which will be a cross-sectoral, expertise-based body that will provide advice to the Minister
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for Agriculture and Food Security on strategic matters Second reading relating to the management of Victoria’s fisheries. Mr WALSH (Minister for Agriculture and Food The council will consist of 14 members appointed by the minister, including an independent chairperson, four members Security) — I move: from the Victorian commercial fishing sector, one member from the commonwealth commercial fishing sector, four That this bill be now read a second time. members from the Victorian recreational fishing sector, one member from the Victorian recreational fishing business Fisheries Advisory Council sector, one member who represents the interests of the Aboriginal community, one fisheries ecologist and one The primary purpose of this bill is to improve economist. Victoria’s fisheries management framework by Section 18(2)(b) — Taking part in public life establishing a new Fisheries Advisory Council.
Section 18(2)(b) of the charter act provides that a person has In 2010, as part of our election commitments, the the right and is to have the opportunity without discrimination government released its Plan for Agriculture. The to have access, on general terms of equality, to the Victorian government’s plan included the following policy public service and public office. statements: When viewed in isolation, new section 93(f) provides for unfavourable treatment on the basis of race, by providing that in relation to commercial fishing — ‘amend the minister appoint one Aboriginal person who, in the legislation to reinstate an effective and proactive opinion of the minister, has knowledge and experience of consultation process with industry’; and Aboriginal fishing and represents the interests of the Aboriginal community. However, it is my view that new in relation to recreational fishing — ‘legislate to section 93(f) does not amount to a limit on the right to take part in public life, as new section 93(f) refers only to the reinstate a consultative process that involves all the appointment of 1 of 14 positions on the council. Even if new peak bodies in the industry’. section 93(f) was to be considered discriminatory, the aim of the differentiation is to achieve a legitimate purpose, which is These policy commitments will be delivered through the effective and efficient fulfilment of the council’s functions this bill which establishes an advisory council in to advise the minister on strategic matters relating to the management of fisheries at the request of the minister. The legislation. new section also furthers the purpose of protecting the cultural rights of Aboriginal persons pursuant to section 19(2) The bill will amend the Fisheries Act 1995 (the act) to of the charter act, discussed below. establish the council as a cross-sectoral body whose purpose is to provide advice to the Minister for Section 19(2) — Cultural rights Agriculture and Food Security on strategic matters Section 19(2) of the charter act provides that Aboriginal relating to fisheries management. persons must not be denied the right to enjoy their identity and culture and maintain their distinctive spiritual, material The council is being embedded in legislation to both and economic relationship with the land and waters and other fulfil the government’s election commitment and resources with which they have a connection under traditional demonstrate the government’s long-term commitment laws and customs. to effective consultation with commercial and The bill promotes this right through the requirement to recreational fishers. include an Aboriginal person in the council who has knowledge and experience of Aboriginal fishing and The council will build understanding and consensus represents the interests of the Aboriginal community. Fishing with all fishing sectors on improvements to fisheries is considered an integral part of the cultural and economic life of Aboriginal communities and this bill ensures that these management arrangements. It will also advise on means interests are represented on the membership of the council. to introduce more efficient and flexible fisheries management arrangements, securing access to Conclusion resources, stewardship incentives and ways to optimise I consider that the bill is compatible with the charter act value from the use of Victoria’s fisheries resources. because, to the extent that some provisions may engage More specifically, possible issues the council may human rights, those rights are not limited. consider include: The Hon. Peter Walsh, MLA Minister for Agriculture and Food Security management of commercial fishing, recreational fishing and Aboriginal fishing interests;
promotion of co-management of fisheries and improved governance;
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statewide policies in relation to fisheries licensing, enabling the secretary to supply contact details of management, research and compliance; both commercial access licence holders and quota unit holders and quota holding details to matters relating to intergovernmental agreements representative bodies that are funded through levies and arrangements related to fisheries; and payable by fishers;
issues related to the security of access to resources in streamlining the existing provisions of the act which particular fisheries. enable the department to levy commercial fishers for the provision of government services and providing The council will consist of 14 members appointed by the department with more flexibility to determine the the minister including: method for allocating charges;
an independent chairperson; replacing the requirement for the minister to publish four members from the Victorian commercial fishing a new fisheries notice in its entirety in a local sector; newspaper with a requirement to publish the notice on the department’s website and a notice of the one member from the commonwealth commercial making of the fisheries notice in a local newspaper. fishing sector; I commend the bill to the house. four members from the Victorian recreational fishing sector; Debate adjourned on motion of Ms GREEN (Yan Yean). one member from the Victorian recreational fishing business sector; Debate adjourned until Wednesday, 18 September.
one member who represents the interests of the CHILDREN, YOUTH AND FAMILIES Aboriginal community; AMENDMENT BILL 2013
one fisheries ecologist; and Second reading
one economist. Debate resumed from 27 June; motion of Mr CLARK (Attorney-General). The number and composition of council members has been chosen to obtain a broad range of expertise and Ms GREEN (Yan Yean) — I take pleasure in experience in order to maximise the quality of advice joining the debate on the Children, Youth and Families provided to the minister and build understanding and Amendment Bill 2013. The Report of the Protecting commitment across sectors on improvements to Victoria’s Vulnerable Children Inquiry by Justice fisheries management arrangements. Cummins was released in February 2012, some 18 months ago now. It contained 90 recommendations. The number of members reflects the diverse nature of Michelle Griffin, a journalist from the Age, described it the various commercial and recreational fishing sectors as being as thick and as complex as a Russian novel. in Victoria. Each sector has unique challenges, potential The findings identified a need for all parts of solutions and different perspectives and views on government to improve the way they work together to fisheries management. help vulnerable children and families. It sought more targeted investment to stem the flow of families into Members of the council will be appointed by the crisis support and for government-funded services to be minister for up to three years and members will not more accountable and to play their part. hold office for more than two terms to ensure a rotation Justice Cummins stated that Victoria needed a better of members. whole-of-government approach to support vulnerable Funding has been allocated for the council and the children and families. Department of Environment and Primary Industries While we welcome the numbers of front-line child will provide secretariat support to the council. protection workers into the system, this has been Miscellaneous amendments completely undermined by the cynical timing of the Department of Human Services (DHS) restructure. Not The bill also makes a number of miscellaneous long after taking on the portfolio of child safety in the amendments to the Fisheries Act 1995, including: months before the release of the report of the Cummins
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inquiry, I recall I had a departmental briefing with the Rather than taking action on the recommendations from office of the minister. I asked the then chief of staff, Justice Cummins, the government has made cuts to this Mr Harris, when the Cummins report would be department. We have seen a very tardy and slow released, and he bragged that they had a copy of it, response to the 90 recommendations from Justice would release it when it was ready and that it was like Cummins. He made some significant recommendations War and Peace. What we saw before the release of the in relation to court processes. Cummins report was a restructure of the Department of Human Services, a gutting of the department and the We now have this bill before the house, which is cutting of 500 crucial DHS workers. slowly, at a treacle-like pace — I do not think you could call it ‘pace’; snails go more quickly — making What the government would have you believe is that changes to court proceedings. Rather than going to these cuts were just of two people in the back room, Cummins’s 90 recommendations, this bill acts on a who were not really pivotal to delivery. But what it has mere 4 recommendations. Recommendation 43 states: meant — and I think some journalists said it at the time — is that comparisons cannot be made of the Outdated terms in the Children, Youth and Families Act 2005 associating child protection with criminal law should be services delivered by the Department of Human modernised and consideration should also be given to using Services, whether it be child protection, vulnerable terms consistent with the Family Law Act 1975. people needing support, people with disabilities or other families across the state. If you restructure the Recommendation 57 states: department, the regions and the method of delivery, The Children’s Court should be empowered under the then you really cannot compare and see whether things Children, Youth and Families Act 2005 to conduct hearings are improving or not. similar to the less adversarial trial model used by the Family Court under division 12A of the commonwealth Family Law I do not think anyone could say that taking 500 people Act 1975. out of the Department of Human Services is going to assist with supporting Victoria’s most vulnerable Recommendation 53 states: people. On paper there have been great plans for these Other than in exceptional circumstances, a child is not new regions and we have seen organisational charts required to attend at any stage of the court process in showing increased numbers of positions, but in a protection proceedings unless the child has expressed a wish number of regions many of these positions remain to be present in court and has the capacity to understand the process. unfilled. If they are filled, not only are people undertaking the role of child protection worker, but Recommendation 49 states: because of the reduction of 500 staff across this department, those who have been employed to look Section 146 of the Family Violence Protection Act 2008 after our most vulnerable children — highly trained should be extended to permit the Children’s Court to exercise jurisdiction under that act when a child who is the subject of a child protection workers who have come into the child protection application is a child of ‘the affected family system wanting to do their best — are being deployed member’ or ‘the protected person’. to roles such as receptionist. After 18 months and 90 recommendations we have This is certainly happening in the Loddon Mallee what looks like a substantial bill — it is a reasonably region and in Swan Hill. The Ombudsman has found thick bill — but it is only enacting 4 of Justice systemic problems in the child protection system in the Cummins’s recommendations. Loddon Mallee region over a period of time. This new structure ought to have dealt with it. I fail to see how Labor supports measures designed to improve the lives the vulnerable children of Loddon Mallee, particularly of Victoria’s vulnerable children. We on this side of the Swan Hill, are assisted when child protection workers house have long been advocates and facilitators of the need to take their turn being rostered on the front desk, family division of the Children’s Court moving to a less answering the phone and attending to administrative combative and adversarial system. In 2009 we asked tasks. the Victorian Law Reform Commission to examine child protection proceedings and to develop options for This has meant that there are no back office staff to reform to minimise disputation and increase the focus undertake vital tasks such as record keeping, on the best interests of the child. administrative support, telephone calls, court bookings and out-of-home care. Numerous reports, including that Sitting suspended 1.00 p.m. until 2.03 p.m. of Justice Cummins, have identified that child protection workers need that administrative support. Business interrupted under standing orders.
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QUESTIONS WITHOUT NOTICE The SPEAKER — Order! The Leader of the Opposition will not be warned again. East–west link Dr NAPTHINE — The Linking Melbourne Mr ANDREWS (Leader of the Opposition) — My Authority is a special-purpose statutory authority question is to the Premier. I refer the Premier to managing large road projects, and a number of people comments by VicRoads whistleblower Doug Harley in would be interested to know the history of the authority. relation to traffic modelling for the east–west link, and I It was previously known as the Southern and quote: Eastern — —
We know for a fact that they are using an inflated ‘value of Mr Andrews — On a point of order, Speaker, the time’ in their model. We suspect that it is in order to inflate Premier was asked about his response to damning the numbers of vehicles that their model is forecasting will be using the project. commentary by a VicRoads expert. This history lesson is irrelevant to the commentary that Mr Harley has run I simply ask the Premier: how does he respond to these about this dodgy modelling. damning comments? Dr NAPTHINE — On the point of order, Speaker, Dr NAPTHINE (Premier) — I thank the Leader of the question went to the validity of traffic management the Opposition for another question on that very predictions. I am quoting from the Linking Melbourne important project, east–west link stage 1, a project that Authority, and I am now seeking to back that up with a will reduce congestion in Melbourne and Victoria, that demonstration of the veracity of the Linking Melbourne will improve the livability of Melbourne and Victoria, Authority and its status. that will improve business productivity and efficiency in Melbourne and Victoria and create 3200 jobs. The The SPEAKER — Order! I do not uphold the point Leader of the Opposition’s question went to the issue of of order. traffic modelling. I can refer the Leader of the Opposition to the Linking Melbourne Authority Dr NAPTHINE — I am pointing out that the website, which says: Linking Melbourne Authority has a long history of delivering road projects not only under this government Our traffic modelling to date has found that around 80 000 to but also under the previous government. It was 100 000 vehicles would use stage 1 of the east–west link each established in 2003. It has delivered the EastLink day, even before the completion of the western section. project, and it has delivered the Peninsula Link project. That is what the Linking Melbourne Authority says. Indeed the Linking Melbourne Authority itself was established on 1 July 2010 under the Transport Honourable members interjecting. Integration Act 2010 under the Labor government. Mr Ken Mathers, who the Leader of the Opposition is Dr NAPTHINE — We know that the Linking now trying to denigrate and vilify — — Melbourne Authority has used modelling undertaken by Veitch Lister Consulting, which has a proven track Mr Andrews — On a point of order, Speaker, again record of very reliable modelling. It has been used by the question related to commentary from Doug Harley, the previous government with regard to EastLink and and this answer is in no way relevant to the question CityLink, and it has proven to be accurate. When I am and the commentary run by Doug Harley. That is what quoting from the Linking Melbourne Authority we would seek a response from the Premier about, not website — — everyone else who happens to still work there.
Mr Andrews interjected. The SPEAKER — Order! The answer is relevant to the question that was asked. It was relevant in regard to The SPEAKER — Order! The Leader of the VicRoads and the modelling. I do not uphold the point Opposition! of order.
Dr NAPTHINE — The Leader of the Opposition Dr NAPTHINE — With regard to the veracity of may seek to cast aspersions on the Linking Melbourne the modelling, the Linking Melbourne Authority says Authority, which I find quite offensive for these 80 000 to 100 000 vehicles a day will use it, and the hardworking public servants. chief executive officer of the authority, Ken Mathers, was appointed to the authority in 2003 by the Labor Mr Andrews interjected. government. He has a long track record of providing reliable advice and reliable information to the
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government of the day. For him to be insulted and The project will also boost statewide productivity, reduce attacked by the Leader of the Opposition calling into business costs and improve industry competitiveness. question the veracity of his modelling is an absolute Indeed when we talk about some of the individuals insult. involved, we have Radley de Silva from the MBAV, Honourable members interjecting. who said: At Master Builders, we certainly support this project. We see Mr Merlino — On a point of order, Speaker, in this as a city-shaping project. debate in this chamber members have to refer other members of Parliament by their correct titles. I ask you Jennifer Cunich from the Property Council of Australia to enforce the norms of this house with the Premier and said: with other members of the government. They have been Property Council believes the east–west link is important to doing this for quite some time, and I ask you to enforce Victoria because it will ease traffic times and travel times and those norms. traffic congestion. The SPEAKER — Order! I ask the Premier to refer Brian Negus from the RACV said: to members by their correct titles. VicRoads’ recent congestion indicator showed the end of the East–west link Eastern Freeway and also the Bolte Bridge area on West Gate were the two most important congested spots in Melbourne. These are really the areas we want to solve with the east–west Mr BURGESS (Hastings) — My question is to the link. Premier. Can the Premier inform the house of the latest demonstration of support for the east–west link? The Moonee Valley Leader of 12 August contains a quote from Daniel Duggan of the Moonee Ponds-based Dr NAPTHINE (Premier) — I thank the member removalist business All The Right Moves, who believes for Hastings for his question and for his understanding the east–west link will be highly beneficial to his work, of the importance of the east–west link to the port of as getting over to the Eastern Freeway from Moonee Hastings, the development of the port of Hastings and Ponds is ‘diabolical’ and he takes longer routes to get the whole south-east of Victoria. The east–west link is a there faster. The same article states: vital, game-changing, congestion-busting, productivity-increasing project for Melbourne and Essendon taxidriver Leo Jones said the project will be a Victoria. The project is attracting widespread support ‘groundbreaking’ option to address Melbourne’s congestion. from across the community, including from all major In the Herald Sun of 6 August, referring to Mr Bower industry and membership organisations. of Aussie Outdoors Timber & Hardware in Bayswater, states: There is support from the Australian Logistics Council, the Australian Industry Group, Infrastructure … he believes the construction of the east–west link will help Partnerships Australia, the Master Builders Association ease his financial woes by allowing his employees to provide of Victoria (MBAV), the Property Council of Australia, a more reliable service. the RACV, with its many members right across the Graeme Glenn from Frankston said in an email: state, the Victorian Automobile Chamber of Commerce, the Victorian Employers Chamber of We received a pathetic letter from Lee Tarlamis and Daniel Commerce and Industry and the Victorian Transport Andrews saying we should not support the tunnel … Association. …
These groups put out a press release on 21 August Just to CityLink has revolutionised travel in Melbourne, so under the heading ‘East–west link critical for Victoria’s will the link between the eastern and the Tulla or CityLink. economy and livability’. It says: And all of us will benefit, and yes, it will help even those of us who live in Frankston. The cost of congestion to the Victorian economy is forecast to rise from $3 billion to over $6 billion by 2020. The This is a great project that is widely supported. construction of the east–west link will be critical to easing Victoria’s growing congestion burden. East–west link
Once complete, the east–west link will improve travel times Mr ANDREWS (Leader of the Opposition) — My across northern and eastern Melbourne, remove cars and trucks from local streets, reduce north–south tram delays and question is again to the Premier. I refer the Premier to relieve pressure on the critical Monash Freeway-West Gate comments by VicRoads whistleblower Doug Harley, Freeway corridor … who said that the east–west link has been assessed
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‘using a dodgy model to produce a benefit-cost ratio’ between the major metropolitan freeways to the east, west that made it look like a huge economic success. I ask and north and provide a much-needed alternative to the Monash-West Gate freeways, including the West Gate the Premier very specifically how he responds to these Bridge. damning comments. In its own documents it said: Dr NAPTHINE (Premier) — As I said in answer to the previous question, these matters come from the Our traffic modelling to date has found that around 80 000 to Linking Melbourne Authority, which is a highly 100 000 vehicles would use stage 1 of the east–west link each day, even before completion of the western section. reputable organisation that has worked for both sides of politics for nearly 10 years. Ken Mathers, its chief They are the figures that have driven the cost-benefit executive, was appointed in 2003 by the Labor analysis that will deliver $1.40 benefit for all Victorians government. What the Leader of the Opposition is for every $1 spent. The Linking Melbourne Authority is saying is that Ken Mathers is dodgy — that is what he a credible, well-managed organisation that has served is trying to say — and that he is in charge — — both sides of politics. It was created by the Labor Party, and it has the same CEO. He was initially put in place Mr Merlino — On a point of order, Speaker, the by the Labor Party and who is providing this advice to Premier is not being relevant to the question. The the government. question was not about Ken Mathers; it was about the comments from Doug Harley. The Premier should have I believe it is a credible organisation providing credible, the courage to respond to those comments. believable advice to government. We back that up with the endorsement of the major industry groups, the The SPEAKER — Order! I believe the answer was major business groups and the major groups relevant to the question that was asked. representing motorists throughout Victoria, and we Dr NAPTHINE — The question asked me how I back that up with individual cases of people who see responded to certain comments, and I am responding to the benefits of east–west link stage 1. those comments by referring to reliable, trustworthy This is an important project for Melbourne. It will information from highly credible sources in the Linking deliver a reduction in congestion and improvements in Melbourne Authority — people who have a proven livability, productivity and freight efficiency in track record of managing projects of this type under the Melbourne. It will deliver 3200 jobs for Victorians. Labor government and under this government. That is This is a great project for Melbourne and Victoria, and what I am referring to. it is a real pity that the Labor opposition is opposed to a Mr Merlino — On a point of order, Speaker, the significant game-changing, congestion-busting project Premier is not being relevant to the question. He should that will make a real difference to this state. refer to the comments of a 27-year veteran at Questions interrupted. VicRoads — the government’s own agency — who talked about dodgy figures. He should answer that ABSENCE OF MINISTER question. The SPEAKER — Order! Before calling the next The SPEAKER — Order! I ruled before that the question I advise the house that the Minister for State answer was relevant to the question that was asked, and Development is absent from question time today. The I am ruling the same way again. I do not uphold the Minister for Water will take questions on his behalf. point of order.
Dr NAPTHINE — The opposition is suggesting QUESTIONS WITHOUT NOTICE that the figures the Linking Melbourne Authority is Questions resumed. putting forward are dodgy; that is what it is suggesting. I am referring to the Linking Melbourne Authority Regional and rural water infrastructure website, and I am saying that the Linking Melbourne Authority has a long track record of serving both sides Mr McCURDY (Murray Valley) — My question is of politics without fear or favour, providing robust to the Minister for Water. Can the minister advise the advice and fearless advice. It said on its website: house of recent announcements by the Victorian coalition government of investments in regional water The east–west link has the potential to provide significant travel, economic, business, employment and community initiatives? benefits for Melbourne and Victoria. It would close the gaps
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Mr WALSH (Minister for Water) — I thank the Grampians Wimmera Mallee region, GWM Water. member for Murray Valley for his question. I had the This is money that was left over from the pleasure of being in Undera recently at Peter and commonwealth as part of that project because the Bernadette Quinn’s property to make an announcement project actually came in under budget. This will about irrigation upgrades. I was joined by the member complement the Wimmera–Mallee pipeline project, a for Shepparton, the member for Rodney, Senator great project that has been supported by both sides of Bridget McKenzie and Dr Sharman Stone, who is a politics through its journey. I particularly pay tribute to great supporter of water-saving projects in northern John Forrest, as he is retiring as federal member for Victoria. I was there to announce $100 million of new Mallee, for the work he put into getting money for the money for irrigation upgrades in the Goulburn-Murray project. Water irrigation district. This money complements the Goulburn-Murray Water connections program, which is This will provide back-to-base metering for the currently being carried out. There have been several 12 700 metres of the pipeline. It will save GWM Water rounds of on-farm water efficiency funding so far, but staff 30 000 kilometres of driving around reading water many people have not had the opportunity to be part of meters four times a year. Most importantly, it will that. provides real-time information on water usage for those users. They will be able to go on to their home This $100 million will be split into three tranches. Later computer or their smart phone to see how much water this year $30 million will be made available. they are using in real time, which will show them if Expressions of interest from irrigators have already there is a burst pipe, a leak or a float in a stock trough been called for, and those people who missed out in that is dysfunctional and water being wasted. They will rounds 1, 2 and 3 of the previous program have be able to see that in real time and go to fix it, rather received letters to inform them of this new round. In than having to drive around their paddocks to make 2015, $50 million will be made available for this sure that nothing is leaking. It is a really good outcome program, and the last $20 million will be made to complement the Wimmera–Mallee pipeline available in 2016. This is so that there will be on-farm project — back-to-base metering, real savings in staff water efficiency grant money available for the full life time and efficiency for farmers. of the Goulburn-Murray Water connections program. From 2013 to 2019 money will be available, East–west link particularly for those people who are connected to the system later in the process, towards 2018 and 2019. Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier. I again refer the This is a great outcome for the Goulburn-Murray Water Premier to comments by VicRoads whistleblower irrigation district and the irrigators there. It will help Doug Harley, who said: achieve the water savings that are necessary to meet I expect that you are aware of the recent projects in Sydney Victoria’s commitment to the Murray-Darling Basin and Brisbane that have failed financially. These projects are plan, and it will mean that the commonwealth will not similar to the proposed east–west link in a number of ways. be in the market in Victoria for general tender water purchases in the future at all. This gives real certainty to Given the clear failures of these two tunnel projects in the irrigation industry and the communities of northern Brisbane and Sydney, how does the Premier respond to Victoria while we still meet our commitments to the Mr Harley’s damning comments? Murray-Darling Basin plan. It was a pleasure to be there with my colleagues to announce that. Dr NAPTHINE (Premier) — In introducing my answer to the question, I refer to comments made by This was on top of what the Deputy Premier announced Mr Richard Clancy from the Victorian Employers earlier this week — $25 million again for those Chamber of Commerce and Industry on Monday. He communities affected by the Murray-Darling Basin said: plan, and in particular the $15 million that has been VECCI has identified the east–west link as the no. 1 joined with $15 million from the coalition government infrastructure priority for Victoria because by reducing here in Victoria to provide gas to those Murray River congestion and improving the transport network, it will towns as well. That is a great outcome, and as the improve the lives of people commuting into the city and member for Swan Hill I consider it an important across the city, and it will help keep Victoria the freight and outcome for the communities in my electorate. logistics capital of Australia. Victoria is the freight and logistics capital of Australia. Also on water initiatives, I recently had the opportunity The freight and logistics industry is worth $19 billion to to announce $8 million for the water authority for the
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$23 billion to our great state. It is a major employer in government and the Victorian coalition in general, has our great state. We want to remain the freight and in its DNA and the marrow of its bones the ability to logistics capital, and that is why we are investing in key manage major projects efficiently and effectively on infrastructure and managing these projects — to make behalf of the taxpayers of Victoria. We do not have the sure that we have productivity and efficiency in our track record of the Labor Party on the desalination plant transport systems. or the north–south pipeline — —
This side of politics has a proven track record of Honourable members interjecting. delivering these projects. Under a previous coalition government CityLink was one of the most successful The SPEAKER — Order! The Premier — — projects to combat inner city decongestion in any city in Dr NAPTHINE — Coming back to answering the the world. Labor opposed it at the time, but it has now proven to be a project of great significance. question, Speaker — —
Ms Hennessy — On a point of order, Speaker, I The SPEAKER — Thank you. appreciate that the Premier has a degree of discretion as Mr Andrews — On a point of order, Speaker, I put to how he answers questions, but that discretion is it to you respectfully that this is in no way relevant to limited by standing order 58, which requires his the question that was asked. I ask you to make it clear answers to be relevant. This is a question that relates to so that it is on the record — not simply with a wave — very serious allegations made by a whistleblower from that this sort of answer is irrelevant and offends the VicRoads and goes to the financial risks of this project. standing orders and the customs and practices of this That is what the question canvassed and that is the house. question we would like the Premier to answer. We ask that you bring him back to addressing the very The SPEAKER — Order! I had already asked the important issues around the significant financial risks of Premier to come back to answering the question, and he this project. had acknowledged that he was coming back to answering the question. I do not uphold the point of Ms Asher — On the point of order, Speaker, the order. Premier is complying with standing order 58. The question that was asked by the Leader of the Opposition Dr NAPTHINE — It goes to credibility, to which was incredibly broad, indeed it spanned unnamed roads side of politics can deliver projects. The question in both Sydney and Brisbane, so the question went related to certain road projects in Brisbane and Sydney. interstate. The actual question, after its preliminary It is my understanding that the projects being referred to comments, was: how does the Premier respond to those were both conceived and constructed in those cities comments? That is a very broad question. The Premier under Labor governments. is answering the question and complying with standing order 58. Honourable members interjecting.
Mr Merlino — On the point of order, Speaker, the Ms Hennessy — On a point of order, Speaker, as Premier is clearly not being relevant to the question. much as we all enjoy the Premier’s Greased Lightning The question was about comments from Doug Harley, impersonation across the table, I renew my point of a 27-year veteran of VicRoads. The Premier is happy to order that standing order 58 requires him to be relevant quote everyone else but his own expert agency. It is and factual. This is a question about significant risks in appalling that the Premier refuses to mention Doug this project. It does not cut it for him to stand up here Harley or VicRoads once — not once in three and talk about Liberal Party DNA. The Premier has an questions. obligation not just to the opposition but to the Parliament to address the issue of financial risks in The SPEAKER — Order! It is not up to me to significant state projects. direct the Premier how to answer the question or to mention anyone’s name or any organisation’s name as The SPEAKER — Order! The question that was long as the answer is relevant to the question that was asked related to Sydney and Brisbane tunnels. The asked, and the answer was relevant. I do not uphold the Premier’s answer related to Brisbane and Sydney point of order. tunnels, and therefore the answer was relevant to the question. Dr NAPTHINE — As I was outlining in my response, this side of the house, the Victorian coalition
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Dr NAPTHINE — I was perhaps being very areas. The first area is in the use and impact of ice. exuberant in pointing out that on my understanding Emerging data shows that there are concerns about those projects in Sydney and Brisbane were Labor ambulance-related ice attendances, emergency projects. department presentations and also the involvement of ice on our levels of crime. There is a lot of work under Mr Merlino interjected. way. I want to congratulate the Minister for Police and Emergency Services and the police force for the work The SPEAKER — Order! The Deputy Leader of they are doing to interrupt the supply of ice through the Opposition! legislative change on precursor chemicals and also the Dr NAPTHINE — We are operating on a different proactive detection and dismantling of clandestine labs. financial model with regard to the east–west link However, we know that in addition to supply reduction stage 1 proposal; it is quite a different financial model. measures there is more that we can do. I am pleased to If the Leader of the Opposition or the Deputy Leader of announce that last week we introduced new measures the Opposition wish to look at the information we have that seek to reduce the demand for ice by improving put on the table and through the expression of interest community awareness of its impacts, particularly process, they would understand that there is a through targeted education campaigns to groups like significantly different financial model for the east–west apprentices, post-secondary education students and our link. That is because on this side of the house we know Aboriginal communities. We are also seeking to reduce how to manage major projects. We do not make the harm caused by ice by training staff in our mistakes like the desalination plant or the north–south emergency departments, treatment services and pipeline. We get extra value out of projects, like an Aboriginal health services about how to manage and additional floor at the Box Hill Hospital. We get extra treat people who are using ice, about new counselling value out of projects like the Bendigo Hospital. We get support and about a new diversion program for extra value out of projects like getting the regional rail first-time offenders. link back on track. Ice is impacting on our cities, suburbs, country towns Drug initiatives and regions. Each of these measures — the education campaign, the expansion of counselling and the training Mr MORRIS (Mornington) — My question is to of staff — will be provided right across the whole state, the Minister for Mental Health. Can the minister inform throughout both country and city Victoria. Respected the house of the coalition government’s initiatives to service provider ReGen welcomes this announcement, address the harmful impact to Victorians of illicit with its CEO, Laurence Alvis, saying: drugs? These are important initiatives to reduce the harms associated Ms WOOLDRIDGE (Minister for Mental with methamphetamine use in Victoria and to save lives. Health) — I thank the member for Mornington for his question. He has had a longstanding interest in the In addition, on Friday, as part of Overdose Awareness issues of alcohol and drugs in our community, Day, the coalition government announced a new including in his role as deputy chair of the former initiative to potentially reverse fatal drug overdoses. Drugs and Crime Prevention Committee. It is an Naloxone rapidly reverses the effects of opioid important issue for both him and the Victorian overdose and in the event of an overdose can be easily community. administered using an EpiPen-like device. However, prescribing rates are low and there has been little More than one person dies every day directly as a result take-up at a community level. Our new project will of drug and alcohol use in Victoria. Both sides of this educate at-risk drug users, families, friends, GPs, house would agree that this is a pretty alarming statistic. pharmacists and primary care providers about the This is higher than our road toll. These are sons and benefits of naloxone and how to administer it in the daughters, brothers and sisters and mothers and fathers. event of an overdose. The coalition is working very hard to bring down this toll. Our action plan entitled Reducing the Alcohol and Anex, which has done a great job in this area, has Drug Toll — Victoria’s Plan 2013–2017 is the first welcomed the coalition government funding, saying: ever whole-of-government strategy that deals with both Lives will be saved and families will have some peace of alcohol and drugs. mind now that people at risk will be encouraged to be prescribed naloxone. I am very pleased to inform the house that we are making significant progress in a number of different
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These are just two of the very significant reforms the because those costings suggested, for example, that the coalition government is undertaking. Since coming to CityLink project was a project of some 46 kilometres in government we have invested more than $230 million length. Those figures came, I understand, from the in alcohol and drug services, a significant investment Victorian Labor Party. CityLink is not 46 kilometres and expansion. We are undertaking real initiatives that long; it is 22 kilometres long. Those figures suggest that are actually going to make a real difference: educating CityLink cost $800 million to build. The fact is it cost key groups and training our workforce to effectively at least $1.2 billion to build — another 50 per cent error respond and effectively treat people with addiction. in the Labor figures. These initiatives are widely supported by the alcohol and drug sector. The coalition government’s work will When you are talking about dodgy figures and dodgy help to save lives. management of projects, the Labor Party’s track record is absolutely clear — whether it be desalination, East–west link whether it be the north–south pipeline, whether it be HealthSMART or whether it be the sale of electronic Mr ANDREWS (Leader of the Opposition) — My gaming machines, time and time again Labor failed the question is again to the Premier. I refer the Premier to taxpayers of Victoria on major projects. comments by VicRoads whistleblower Doug Harley, who wrote: Mr Merlino — On a point of order, Speaker, the Premier is clearly not being relevant to the question. I have put these comments to you in writing because I do not These are serious allegations by the manager of want to be sued as part of the class action against VicRoads and its officers when and if the east–west project fails network modelling and analysis at VicRoads, who has financially. My advice to you is that we must not trust the given expert advice to successive governments for information provided to us by the Linking Melbourne almost — — Authority … The SPEAKER — Order! It is not a time to repeat I ask again: how does the Premier respond to these the question or read out somebody’s credentials. Is the damning comments? member’s point of order that it is not relevant?
Dr NAPTHINE (Premier) — I respond by saying Mr Merlino — Yes. that I do trust the Linking Melbourne Authority (LMA). I think it is a highly credible organisation. It is led by The SPEAKER — Order! I ask the Premier to Ken Mathers, as chief executive officer, and he has come back to answering the question. been chief executive officer since mid-2003. He was appointed by the Labor government and served that Dr NAPTHINE — The question asked was Labor government for nearly seven years. He served it whether we trusted the LMA. We do trust the LMA. It well in the supervision of the EastLink project and the is made up of credible people. They are professional supervision of the Peninsula Link project. people, we trust them and they are good, honest public servants — even if the Labor Party does not trust them. The Linking Melbourne Authority, which was established by the Labor government on 1 July 2010, Dingley bypass was previously known as the Southern and Eastern Integrated Transport Authority (SEITA). It was an Ms WREFORD (Mordialloc) — My question is to organisation of very credible people with enormous the Minister for Roads. Can the minister update the experience and an enormous understanding of major house on the progress of the Dingley bypass? road projects. Those people served as independent Mr MULDER (Minister for Roads) — I thank the experts providing advice to the Labor government for member for Mordialloc for her question in relation to many years. It was a Labor government that endorsed the Dingley bypass. The member for Mordialloc would their continuation in July 2010 by establishing the be well and truly aware of the history of that road. LMA. While the opposition may not trust the LMA, we Promises have been made by former governments and have faith in the advice it is giving us and the former premiers in relation to the Dingley bypass. The information it is providing in terms of both vehicles and fact of the matter is that the Dingley bypass is on track. viability. In 2011–12 we allocated $20 million for planning and But let me say that there are other people who are land acquisition for the Dingley bypass. Our 2012–13 providing costings on these sorts of projects. Indeed budget allocated a further $135.7 million to build the there are some costings in the Herald Sun today, and Dingley bypass between Warrigal and Westall roads. they are costings that I certainly would not trust,
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The expression-of-interest process closed on 3 July, and Labor in office, with promise after promise and the I am pleased to announce to the house that once again people betrayed and betrayed, no wonder the we have had very strong interest in a road project here community does not trust Labor governments to in Victoria. Theiss, Abigroup and BMD Constructions manage projects or to deliver on their commitments and have been short-listed to tender for the Dingley bypass. promises. After just two a half years in office the Starting in 2014 and to be completed in 2016, the coalition government is delivering on the Dingley bypass is a 6.4 kilometre arterial road that will be the bypass. The member for Mordialloc and the member final link in the 19-kilometre corridor connecting for Carrum are out there pushing all the buttons — — Moorabbin and Dandenong. The road will reduce congestion in the Dingley Village area and on Centre Honourable members interjecting. Dandenong, Kingston, Heatherton and Old Dandenong roads. It will improve travel times and drastically The SPEAKER — Order! improve safety. There will be three lanes in each Mr MULDER — They are doing all the work. We direction, as well as off-road shared bike and pedestrian are a government that keeps its word. paths and noise walls along the northern side of the road to protect residential areas. The SPEAKER — Order!
This road will provide a continuous route from South Mr MULDER — We have the projects and we Road in Moorabbin right through to the South deliver. Labor cannot be trusted. Gippsland Highway in Dandenong, with better and safer connections for people who live in the Honourable members interjecting. south-eastern suburbs. This $156 million investment will provide a boost for Victoria’s manufacturing sector Questions interrupted. because it will bring together those two important manufacturing hubs as well as get workers to work on SUSPENSION OF MEMBER time and get them home safely at night to their families. Minister for Roads This has a history, and it is all about trust and credibility. I will quote from an article by Carol Nader The SPEAKER — Order! The Minister for Roads published in the Age of 4 December 2010. It states: can leave the chamber. The minister ignored me when I was calling ‘Order’ and kept going. He can vacate the It was, in John Brumby’s own words, a ‘massive traffic chamber for an hour. headache’. Promoting Labor’s southern suburbs traffic solution, the Dingley bypass … Minister for Roads withdrew from chamber. ‘Building the Dingley bypass will take thousands of cars and trucks out of residential streets in Cheltenham, Mentone, QUESTIONS WITHOUT NOTICE Parkdale, Mordialloc and Dingley, and will provide a direct route from Braeside to Moorabbin’, Brumby said in the Dingley bypass mid-1990s. Questions resumed. In the mid-1990s! And Labor would do it, John Brumby said. The article goes on to say: Mr Pandazopoulos — On a point of order, Speaker, it is a shame that the minister has been suspended, but Brumby’s successor, Steve Bracks, went into the 1999 election pledging an initial $30 million to build the Dingley the minister in his reply should be factual, and he bypass between Warrigal and Springvale roads. should know that half of this project — from Dandenong to Westall Road — has already been built. … The locals held their breath and waited for their bypass. The minister should be factual. More than a decade on, they are still waiting. They are still waiting for the Dingley bypass. The The SPEAKER — Order! article continues: East–west link ‘That’s neglect. And not listening’, says Aspendale Gardens resident Ken Carney … Mr ANDREWS (Leader of the Opposition) — My question is again to the Premier. In light of the damning He was a long-term lobbyist for the bypass. criticisms from a 27-year VicRoads veteran and manager of network modelling and analysis that the Given that we have been waiting since the mid-1990s, Premier’s $8 billion tunnel uses inflated traffic under two Labor Premiers and through 11 years of
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modelling, uses a dodgy model to produce a favourable Mr Andrews — On a point of order on relevance, cost-benefit ratio, risks being a financial failure and Speaker, five questions have been asked today in exposes VicRoads and Victorian taxpayers to legal relation to Doug Harley and his damning commentary, action and financial risk, I simply ask: how does the and the Premier in his answers to the five questions did Premier justify ignoring completely this damning not mention this senior VicRoads expert even once. criticism from a senior VicRoads expert, Mr Doug People are entitled to a response from the Premier in Harley? relation to this damning criticism.
Dr NAPTHINE (Premier) — I thank the The SPEAKER — Order! The point of order is not honourable member for his question. The east–west relevant. The answer was relevant to the question that link stage 1 is a very important project for Melbourne was asked. and Victoria. It was originally conceived in a proposal brought forward by Sir Rod Eddington under the Dr NAPTHINE — This government relies on the previous government. Sir Rod suggested there be two collective wisdom and advice of the Linking specific projects for Melbourne and Victoria — a metro Melbourne Authority, led by Ken Mathers, who has a rail tunnel and an east–west road project. That long history of serving Victoria and both sides of suggestion was embraced by the then Labor politics. We rely on the advice of experts like Veitch government, and it then proceeded to champion these Lister. That is why we are confident about the 80 000 to projects with an enormous advertising campaign — the 100 000 vehicles a day using east–west link stage 1. $38 billion transport plan that we saw advertised on our This is an important project that is endorsed by eminent television screens and in our newspapers over and over groups such as the Victorian Employers Chamber of again. Commerce and Industry, the Australian Industry Group and the RACV. It is endorsed by people from a wide However, what we saw was millions of dollars spent on cross-section of the community because they know this advertising and not one cent spent on any infrastructure. is a game-changing, congestion-busting, Now we find that we have a government of a Liberal productivity-improving and job-creating project that and Nationals persuasion that has a history of delivering will make a real difference to Melbourne and Victoria. key projects for Victoria, that has a history of delivering projects like CityLink, the West Gate Bridge, the Industrial action Tullamarine Freeway and the city loop — major game-changing projects for Melbourne and Victoria. Ms RYALL (Mitcham) — My question is to the We on this side of the house are proud of our Minister for Industrial Relations. Can the minister contribution to infrastructure over decades in this state, update the house on recent serious industrial action in and this government is continuing that tradition. We are Victoria, its threat to Victorian jobs and the coalition getting on with the job of delivering the east–west link government’s response? stage 1. Mr CLARK (Minister for Industrial Relations) — I What we have had from the opposition today are thank the honourable member for Mitcham for her suggestions that the government should not trust the question and for her interest in this issue. Regrettably, Linking Melbourne Authority — that it produces dodgy since the last sitting week there have been further material that it should not be trusted. What I am saying unfortunate actions by militant union leaders in the to the people of Victoria is that the Linking Melbourne building and construction industry that have been Authority is a highly credible organisation with very threatening jobs and prosperity and key infrastructure professional public sector employees who have had a projects in Victoria. long history, dating back over 10 years, of delivering On the Friday of the last sitting week it was reported sound advice to the previous government and to this that the Construction, Forestry, Mining and Energy government. Union (CFMEU) had threatened to shut down a major The authority has had enormous experience and has a Victorian infrastructure project, the Mitcham Road and record of delivering good advice on a range of projects. Rooks Road level crossing upgrades. This is of course a It is backed up by Veitch Lister Consulting, a multimillion-dollar project of vital importance to consultant on traffic modelling, which also has a long residents of Mitcham and indeed the eastern suburbs history of providing sound advice on traffic modelling, more generally. It is part of a series of grade separation particularly on toll roads such as CityLink and projects which the coalition government is undertaking EastLink. We have a combination of — — to make up for 11 years of failure under the previous government.
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However, it appears that a CFMEU official went to the answering that question is in fact in breach of the site and made threats about non-union members sub judice rulings as set out in Rulings from the Chair. working on the site, including threatening to return to the site with 100 to 150 union members to shut it down. The SPEAKER — Order! In regard to the point of I am informed that subsequently a number of order raised by the member for Lyndhurst, I do not contractors at the site withdrew their staff from the site believe the Minister for Industrial Relations was going due to safety concerns. Fortunately this threatened into any detail regarding the actions before the court. I shutdown has not materialised to date, but the fact that a do not uphold the point of order, but I ask the minister CFMEU official can turn up and make such serious to be careful and not to go into details. threats is yet another demonstration that not only does the CFMEU regard itself as being above the law but it Mr CLARK — As I was saying, the commitments has been able to get away with doing so for far too made by the federal coalition to take action against the long. vacuum that has been opened up by the federal Labor government is most welcome, including commitments Yet another demonstration of the failure of both federal to reinstate the Office of the Australian Building and and state Labor to stand up to their union masters is Construction Commission (ABCC) within three what has been happening with Boral, a leading supplier months, rewrite the national construction code, overturn of materials to the building and construction industry. the changes made by federal Labor in January this year For months now Boral has been dealing with what it that were an attempt to thwart the Victorian alleges is an ongoing secondary boycott being government’s construction industry guidelines, reinstate conducted by the CFMEU because Boral is the primary the tough penalties under federal law for unions found supplier of concrete to Grocon. This is despite the fact guilty of unlawful conduct and return the full suite of that the CFMEU does not have coverage of Boral powers that were available to the ABCC under the construction materials or Boral employees and there is Howard government. no dispute between Boral itself and the union. Boral has previously gone to the Supreme Court and obtained For a long time the Victorian government has been injunctions in relation to this matter, all of which have calling for the restoration of the ABCC or a similar been ignored. It has gone back to the Supreme Court body at a national level to stand up against unlawful union militancy given the disgraceful failures of the yet again to take out contempt of court proceedings. This is having very damaging effects on the building Gillard and Rudd governments in this area. We warmly and construction industry in Victoria. welcome the pledge by the federal coalition to take effective action to support the return of productive and In this context it was welcome to read this morning of law-abiding workplaces in Victoria, to support the work the federal coalition’s pledge to take action to fill the that has been undertaken by the Victorian government gap that was left by the Gillard and Rudd government’s to seek to fill the void that has been left by the federal abject failure — — government, to ensure that we have law-abiding and productive workplaces and to ensure that major projects Mr Pakula — On a point of order, Speaker, I seek such as the Mitcham Road and Rooks Road grade your guidance on whether it is appropriate for the separations can continue undisrupted. Attorney-General, the first law officer of the state, to be raising in the house matters which he has just conceded CHILDREN, YOUTH AND FAMILIES are currently before the Supreme Court. AMENDMENT BILL 2013
Mr CLARK — On the point of order, Speaker, I Second reading have been referring to matters that are on the public record. I have not been canvassing the issues of the Debate resumed. merits of the case before the court. Ms GREEN (Yan Yean) — I will resume speaking Ms Hennessy — On the point of order, Speaker, as on the Children, Youth and Families Amendment Bill you would be aware, the purpose of the sub judice rules 2013. I had been speaking about some of the things is to ensure that any matter that is currently before a Labor did in government in reform in this area. In 2010 court is not unfairly prejudiced by virtue of a the Children’s Court began the rollout of new model contribution in this house. We seek your guidance as to conferences that were designed to facilitate the early whether or not the contribution from the resolution of matters through a conference. New model Attorney-General, the first law officer of the state, in conferences are supported by the findings in Cummins report and continue to be rolled out in the Victorian
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Children’s Court. As is mentioned in the of an existing intervention order application or orders second-reading speech, the bill attempts to strengthen that relate to the child. the ability of the Children’s Court to use the formal court proceedings and encourage respectful I refer to the recommendations that are covered by the communication between parties by setting out less bill, of which I think there are four. However, there adversarial trial principles modelled on those of the were over 10 recommendations in chapter 15 of the federal Family Law Act 1975. In effect this is a guide Cummins report, so I would have thought that a bill for the management of child protection proceedings, which has taken some 18 months to come before the and it reflects what should already happen in practice. house could have been more comprehensive. In relation to family violence, three-quarters of all assaults against The bill provides that a child is not required to attend women happen in the home, and half of all Australian court in the family division unless the child expresses women will experience physical or sexual violence in the wish to do so, the court orders the child to attend or their lifetime. When in government, Labor invested there is another legislative requirement for the child to almost $180 million in initiatives that targeted family attend. Most of the legal considerations about the safety violence. We funded specialist family violence court and future of vulnerable children and young people can divisions, behavioural change programs, more be conducted without children being present at the emergency housing support and family lawyers at court. Children should attend the court and its precinct community legal centres. We introduced legislation that only if they wish to do so or if it is necessary. At defined family violence and recognised its horrific present it is common for vulnerable children to sit effects on women and children. We increased outside the courtroom when the court is considering counselling and 24-hour emergency support for their protection. They are not required to speak to the victims, and we changed the culture of reporting. judge, and at times attendance at proceedings can be stressful and upsetting for them. Our dedication culminated in a 10-year plan called A Right to Respect. It was a landmark strategy that led the This amendment brings Victoria into line with most country and would have made lasting change. It Australian jurisdictions, and it is supported provided attracted worldwide attention, and representatives of a there is no diminution of a child’s right to be involved number of other jurisdictions visited Victoria to see the in their own decision making. The Personal Safety plan in action. Unfortunately when this government Intervention Orders Act 2010 and the Family Violence came to office it scrapped that plan. It scrapped Labor’s Protection Act 2008 will be amended under this bill to 10-year plan along with many other important reforms. extend jurisdiction of the Children’s Court to deal with This government cut funding to the Department of applications for intervention orders relating to family Justice and decimated the team of dedicated experts violence or personal safety when dealing with a related who were working to prevent family violence in our child protection matter. This is an incredibly important community. It failed to properly fund legal aid, putting change, because as we know, and as police figures at risk the network of specialist family violence lawyers indicate, in at least one in three family violence matters across our community legal services. It refused to fund a child is present. This is a very important change. Bsafe, a program that pioneered emergency SOS alarms in households and helped to prevent family This provision can be utilised when a child who is the violence in rural areas. The dismantling of other vital subject of protection proceedings is the child of an family supports, such as the School Start bonus and the affected family member or protected person, or when education maintenance allowance, have put further the respondent and the issues relating to that child’s financial pressure on families, and these were some of safety are the same or similar for both proceedings. the specific issues that the Cummins report indicated This will allow the Children’s Court to look at a that the government should address. The cutting of family’s broad situation and ensure that consistent these programs was a retrograde step for families. decisions are applied. For example, a court may allow a child to return to live with his or her mother if it grants When the government scrapped Labor’s 10-year plan, it an intervention order against the mother’s partner, who weakened the focus on intervention and prevention and is a partner to the protection proceedings. the vital work performed by so many victim support groups across Victoria. In recent months Labor has The bill does not appear to provide any mechanism for been undertaking a long series of consultations within greater communication between the Magistrates Court this sector. We have experienced a horrific period with and the Children’s Court, and I hope the government a huge increase in family violence reporting, and for a will address the question of whether there have been government that says that it is tough on crime, it seems instances where the Children’s Court has been unaware to be continually silent about the numbers in this
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component of the crime figures, which are growing and Court have little role to play in a contemporary child growing. protection system. The joint submission recommended that protection applications be processed through an With this exponential growth, services are reporting administrative model supported by multidisciplinary that they have had absolutely no growth in support. experts. Berry Street reiterated this in a separate Under Peter Shergold’s supposed reforms in the submission, which states: Department of Human Services (DHS), some refuges, especially feminist-based services that have existed for The adversarial decision making of the families division of a very long time, feel that their very existence is the Children’s Court is draining financial and human resources away from the system to the detriment of all, but threatened by this government. Yesterday in the particularly children. A panel-based inquisitorial system of Parliament the member for Altona and I had a very decision making should be established to make the decisions detailed briefing from the City of Whittlesea and a currently entrusted to the Children’s Court. range of services that work in a cooperative manner in Melbourne’s north. Those organisations are extremely This bill goes some way to responding to the approach concerned about the lack of support from and that was proposed to the Cummins inquiry. investment in Melbourne’s north by the government. I referred earlier to the changes that had been made in The member for Kew, the former Minister for Crime structures within the Department of Human Services Prevention, when he announced prevention program because, of course, this is a very significant part of what grants, said that every region of the state had received needs to be done to support our vulnerable children. funding. That is not true at all for the northern region of What Mr Cummins found was that there was a need to Melbourne, which is seeing some of the highest focus in particular regions. There was also significant increases in family violence. It has not been an even variation in the geographic patterns of reporting, response, and the sector is really showing the strain. reflecting a range of socioeconomic, demographic and Policing in growth areas is not keeping up with location-specific factors that are bringing families into a demand, and police are certainly reporting — — much greater level of contact with the child protection system. He also found that there were particular issues Ms Wooldridge — On a point of order, Speaker, I in the Loddon Mallee and Gippsland regions. I referred know the lead speaker has a lot of latitude, but I do not to the Loddon Mallee earlier. It really seems that see how a policing response is relevant to a children, despite — — youth and families bill. I ask you to bring the member back to the bill. Ms Wooldridge — On a point of order, Speaker, this is a bill in relation to the operation of the courts. The ACTING SPEAKER (Mr Burgess) — Order! What happens in DHS and the Loddon Mallee is in no The member for Yan Yean, on the bill. way relevant to the bill before the house. I ask you to bring the member back to the bill. Ms GREEN — The bill before the house looks like quite a substantial and thick one, but unfortunately it is The SPEAKER — Order! I uphold the point of quite a thin bill. There are many technical amendments order. I ask the member to come back to the bill before that are mostly word changes; perhaps they are the house. necessary changes, but the sector would have welcomed a much more detailed proposal from the Ms GREEN — The opposition has previously government. welcomed the Cummins report, which was commissioned by the government. The report made As Mr Cummins outlined in his very detailed report, 90 recommendations as to what needed to occur to have which contained 90 recommendations, the changes to a broad, whole-of-government response to this the way the courts approach these matters are just one problem. It is a bit sad and indeed a bit unfortunate that part of what this government needs to do. In addition the bill before the house is only tackling four of the the Cummins report talked about having less recommendations of that report. I can understand why adversarial trials. A number of agencies made a joint the minister does not want commentary or examination submission to the Cummins inquiry. Anglicare of what is occurring in her own department. I can Victoria, Berry Street, MacKillop Family Services, the certainly understand why she would not want that Salvation Army, the Victorian Aboriginal Child Care examination, and the sector certainly has — — Agency and the Centre for Excellence in Child and Family Welfare argued that adversarial mechanisms Ms Wooldridge — On a point of order, Speaker, I associated with the family division of the Children’s very much welcome debate on this important bill, so again I ask you to bring the member back to the bill.
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Once again, personal attacks are not relevant to the intervention orders when dealing with a related child legislation before the house. protection matter.
The SPEAKER — Order! I ask the member to These are sensible and necessary changes, but I think come back to debating the bill before the house and not they could have been part of so much more — a to stray again. whole-of-government approach that dealt with prevention, with violence towards women and with Ms GREEN — I will certainly do that. In no way supporting families in whatever part of the state they was I making a personal attack. The minister is are. Justice Cummins made many recommendations extremely sensitive. about those matters, and the government needs now to apply itself more to those. It has been dragging its feet; The bill before the house goes some way, implementing it has had 18 months since the release of the Cummins 4 of the 90 recommendations made in the Cummins report, and it certainly needs to do more. The sector report, but the sector has been waiting a long time for believes it needs to do more. more than simply these four matters that are being dealt with by this bill. I thank the departmental officers for The minister has said at different times that for the first their briefing on this bill. The opposition, like the time there is a whole-of-government approach to sector, expected that there would be a lot more meat on responding to violence towards women and children, the bones and that that would be a lot more detail to this and I will correct her on that matter. There is a good some 18 months after the Cummins inquiry. That is the reason that people from jurisdictions across Australia least our vulnerable children can expect. and from other countries have been coming to see the way changes had been introduced in this state which As I have said earlier, I welcome the investment in have now come to a screaming halt due to a lack of additional child protection workers and the additional resources, cuts to the Office of Women’s Policy and positions in the organisational structure of the there no longer being a family violence prevention department that would obviously assist in bringing team. That is not the way to support our vulnerable matters before the courts and assist in supporting families in this state. With those comments I commend children in matters before the courts, but cutting so the bill to the house and wish it a speedy passage. many jobs and diminishing the ability for child protection workers to have that support when they are Ms WOOLDRIDGE (Minister for Community appearing in matters before the Children’s Court is not Services) — It is a pleasure to speak on this bill, a very really going to be the best way to make the application important one for vulnerable children and families in of this new bill work in the most optimum way. When the state. I want to put the bill in context, and in the minister continues to respond to the response to the previous speaker I would use my entire 90 recommendations of the Cummins report, I hope the 10 minutes if I went through and corrected the many government might revisit some of its cuts so that inaccuracies in her presentation. I will therefore not go appearances before the courts may, importantly, be less into that detail, but I think the coalition’s record stands traumatic and have better outcomes for the children. I very proudly alongside the work we are doing for also hope the child protection workers who are actually vulnerable children in this state. It is supported widely appearing in the courts in relation to these matters have by the sector in many different forums, public and the tools to do their jobs and have the appropriate private. Members of the sector are working in administrative support and are not simply stuck on front conjunction with the government to drive the change desks, answering phones in Swan Hill. The amendment that is needed. brings Victoria into line with most Australian jurisdictions and is supported by the opposition, I think the biggest indictment of the contribution of the providing that there is no diminution of a child’s right previous speaker was the idea in it that perhaps the to be involved in decision making. addressing of four recommendations of the Cummins inquiry in this bill represents the sum total of the In conclusion the bill modernises legislative terms to response. As we and anyone who has spent more than a better reflect the commonwealth Family Law Act 1975, minute understanding this important policy area knows, and we welcome that. We welcome the less adversarial in May 2012 the government invested $336 million in trial principles, the use of less formal court proceedings, the budget to address the recommendations of the the removal of the mandatory requirement that children Cummins inquiry for very wide-ranging investments, must attend the court and in particular the ability of the some of which were also committed to. At that point Children’s Court to now deal with applications for there was a key directions paper. Earlier this year there was the whole-of-government vulnerable children
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strategy, which was another recommendation of the I therefore think it is going to be a very positive Cummins inquiry, representing further investment in improvement that children not be required to attend. vulnerable children to the tune of hundreds of millions Lawyers can get instructions from children prior to of dollars. Now from this government alone more than attending court and can work to achieve that, and this $650 million has been invested for vulnerable children will be a big step forward. It represents a very broad and families in this state over three budgets. That is a consensus that children should not attend court unless very significant investment, and this is very significant absolutely necessary and that they should be getting the reform and very significant improvement and positive option. That will minimise distress and confusion for impact for vulnerable children and families. This bill is abused and neglected children who are involved in just another important part of the ongoing reforms we court matters. It is the child’s right to be appropriately are undertaking. consulted and involved in proceedings which concerns them, and that will not change. Lawyers will need to Of course, only a small portion of the Cummins arrange to see children, as I have said, out of court to recommendations relate to legislative reform. Many of get their views. them require other reforms, and they are well under way — many are happening. It is a poor contribution to Another important reform is the introduction of less be loose with the truth and to misrepresent the very adversarial trial principles modelled on those in the positive work of the sector, of the department and of Family Law Act 1975. The vulnerable children inquiry government as a whole with regard to vulnerable found that court proceedings are unnecessarily and children. unduly adversarial. These changes will mean we can aim to reduce the adversarial nature of proceedings in With respect to the legislation before the house I want the court. Magistrates will be encouraged to directly to compliment the Attorney-General, who has worked question parties in proceedings before the court, to very hard to pull this bill together and propose these order that the issues that are being considered are changes in the Children’s Court for the benefit of discussed and to manage court behaviour as required. vulnerable children. These will be significant changes. These changes will encourage respectful We have previously debated legislation that was drafted communication between parties and minimise the on the basis of a recommendation of the Cummins distress and confusion for children. inquiry in relation to legal representation and instruction of young people in front of the court. That We are also clarifying the standard of proof. When was passed some months ago. That is another allegations are very serious, such as allegations of recommendation of the Cummins inquiry that has been sexual assault, strong evidence is required to prove addressed and moved forward. them. The test for serious allegations has led to a perception that the standard of proof in the Children’s Today we are making a range of amendments which Court is higher than the balance of probabilities. This will make a positive difference for children and families amendment will strengthen the protection provided to by reducing the unnecessary exposure of children and children by providing clear guidance to young people to the Children’s Court and strengthening decision-makers — that the standard of proof required the less adversarial approaches to decision making in in child protection matters is the balance of the court. I will just touch on the key reforms. Firstly probabilities and no higher and that this does not restrict and most significantly, this bill changes the the court’s assessment of the likelihood of future risks. requirements for vulnerable children to attend the This is working in the best interests of the child. That is court — unless they wish to do so or if a magistrate what the court should be doing, and this amendment orders their attendance. Until now Victoria has been will help to clarify that it should do so. one of only two states that require children to attend court regardless of their wishes and regardless of their There are two forms of conferencing currently outlined best interests. Attending court can be a very frightening in the act — facilitative and advisory — and they will experience for already traumatised children, and I have be replaced with just one form of conferencing to better met many children, families and workers who have fit with the recent conferencing reforms. The purpose of talked about the very traumatising experience of the conferencing is to reach agreement between child court. Many children have spent many hours and days protection workers and families about the best way to in the court waiting for the outcomes of their hearings. protect children without requiring protracted court It is a stressful and crowded environment, and it has a contests. Importantly, conference convenors will be very negative impact. given powers to better manage who attends conferences and how they may behave during that process. The effectiveness of a conference in achieving arrangements
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about the protection of children will be improved conferencing and Aboriginal family decision making. through a consensus-based approach. There is a strong reform agenda, strong investment and a strong legislative basis for the work that the coalition The bill also extends the Children’s Court jurisdiction government is doing to protect vulnerable children in under the Family Violence Protection Act 2008 and the this state. This is another important step forward in Personal Safety Intervention Orders Act 2010. It will these legislative reforms, which are about how to enable the Children’s Court to deal with adult-related improve the Children’s Court to work in the best intervention order applications where there are related interests of children and to make sure they are child protection proceedings under way, as effectively protected. recommended by the Protecting Victoria’s Vulnerable Children Inquiry. This will allow one court to oversee I commend this bill to the house. I congratulate the legal proceedings, ensure consistency between orders Attorney-General and the Department of Justice on and reach decisions based on the whole picture of a their work, and I thank the Department of Human vulnerable child’s circumstances. There are also some Services for working in conjunction with them. It is an changes in language included in the bill. honour to be able to continue to support a positive reform agenda for vulnerable families in this state. This bill is actually a very significant step forward in making the operations of the Children’s Court more Ms BEATTIE (Yuroke) — Let me say at the outset friendly in the best interests of the child and in that the Labor opposition does not oppose this bill. I strengthening our laws that protect vulnerable children. would like to make a few remarks on the Children, As I said, it is very important to place it in context. Youth and Families Amendment Bill 2013. However, There is the commitment that the coalition government just to take up a point that the Minister for Community has made of over $650 million, significant policy Services, who is at the table, raised in regard to the reform is under way and there are whole of government coalition’s support of vulnerable children, I think it is strategies. We have had whole-of-government incumbent on all parties in this place to support strategies for the first time ever in family violence, or vulnerable children. I do not think it is the particular preventing violence against women, a bailiwick of any one particular party to protect whole-of-government strategy for vulnerable children vulnerable children, and that is the way it should be. and whole-of-government strategies in relation to things like alcohol and drugs. These are things that This bill proposes to amend the Children, Youth and contribute to the vulnerability of families. We have had Families Act 2005, and it seeks to modernise the legislative reforms; we have debated them in the house legislative terms in that act, to introduce less adversarial before, we are debating them now and there will principles and to encourage the use of less formal court continue to be reform on this front. proceedings, which can only be good thing. It also removes the mandatory requirement that children must There has been significant investment following the attend the court for matters in the family division of the commitments that were made back in May 2012 around Children’s Court. As has been canvassed widely, the having a child-friendly legal system. There has been issues were most recently dealt with in the Cummins new funding to establish the Children’s Court at inquiry into the protection of Victoria’s vulnerable Broadmeadows. That new court is going to model new children, which received some 225 written submissions, ways of working in a child-friendly way with children and the Victorian Law Reform Commission’s review, who need to attend. It is a great opportunity and things which received another 50 submissions. are progressing well, and once again I acknowledge the work of the Attorney-General in relation to driving this The bill also proposes amendments to the Family new court at Broadmeadows and the difference it will Violence Protection Act 2008 and the Personal Safety make. The Chief Magistrate of the Children’s Court is and Intervention Orders Act 2010 to allow the also working very hard and is very engaged in the Children’s Court hearing a child protection matter to design of that court to make sure that not only the also deal with a related intervention order matter. That design but the way it operates will work in the best seems a sensible thing to do. interests of children. As I said, there are current definitions which have been We are establishing new multidisciplinary centres to modernised. This includes replacing ‘access’ with address sexual assault and child abuse, putting police ‘contact’, ‘safe custody’ with ‘emergency care’, together with child protection workers and the centres ‘dispute resolution’ with ‘conciliation’ and ‘take into against sexual assault. We have expanded new model safe custody’ with ‘place in emergency care’. They conferencing, and we are also expanding family group might seem like small things, but when you are dealing
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with vulnerable children the language that is used and charge to make the other person a reasonable person. the atmosphere that is created are extremely important. You would have to have the wisdom of Solomon to understand that any sort of person sitting in judgement There will be many views on whether a child should be could order somebody to be reasonable. in court or not. Some people are very strongly of the opinion that children should not be present in the court, I want to talk about some of the experiences that and others are of the opinion that a child should be in children have had in the Family Court. Most young the court. There does not seem to be a one-fit solution people were scared when in the Family Court; they felt to having children in court, although most would agree the experience was quite scary. They felt that the that the child should be of an appropriate age to courtroom — the court itself, its layout and some of the understand the proceedings. formalities that need to happen — was quite intimidating. It was difficult for the youngster to digest The bill also inserts a guide for the management of the what was happening and to spend time with family. If child protection proceedings, and it is intended to in the court structure there could be more private space, promote proceedings that are less adversarial in their that would be a good thing. I think most of the experts nature. That is, in effect, what already does and should agree that young people under the age of about 13 happen in a court, particularly where children are should not attend court because it can be fairly concerned. The bill provides that a child is not required traumatising. to attend court in the family division, unless they express the wish to attend, the court orders the child to These amendments to the bill are good amendments. attend or there is another legislative requirement for the They make the courts less adversarial, and that can only child to attend. be good for the children. They make the courts more conciliatory places. If any outcomes can be conciliated I want to talk about some of the submissions that were where all parties have buy-in to the process, that is far raised. Berry Street thinks the adversarial decision more likely to work in the long run. As I said in my making of the family division of the Children’s Court is opening remarks, I see this as a work in progress that draining and is taking human resources away from the belongs to neither side of the house. The welfare of system, which is to the detriment of all, but particularly vulnerable children and families who have to appear in children. It thinks there should be a panel-based the Family Court and the Children’s Court should be inquisitorial system of decision making established to uppermost in our minds. I commend the bill to the make decisions currently entrusted to the Family Court. house and wish it a speedy passage. I understand that in some cases child protection workers are particularly aggrieved that it is recognised Mr ANGUS (Forest Hill) — I am pleased to rise in most jurisdictions that a less adversarial process is this afternoon to speak in support of the Children, preferable and that the necessary shift in culture would Youth and Families Amendment Bill 2013. I want to require different professionals to work together but that start my contribution by congratulating the this is not well established at the Children’s Court in Attorney-General and the Minister for Community Victoria. Services and her team on the huge amount of work they have done in this area over a long period of time. It is Further, Professor Cathy Humphreys from the an area that has sorely needed some significant University of Melbourne noted that there was a culture attention and reform, and the Minister for Community of disrespect towards Department of Human Services Services has grasped the opportunity before her and (DHS) workers, which has led to poor retention and with her team taken the appropriate action to address restricted negotiation. I can only say that the workers at the many serious issues and deficiencies within this DHS should be respected as they go about their whole sector. On that I congratulate her. business. Connections UnitingCare proposed a similar model whereby in each catchment an independent panel Clause 1 sets out the purposes of the bill. They are quite of specialists composed of professionals from various wide ranging and include: areas — mental health, family violence and drug and alcohol use — could make recommendations for (a) to amend the Children, Youth and Families Act 2005 — matters before the Family Court. (i) to amend requirements for attendance of children at hearings in certain proceedings before the Family As in many of our court systems, it seems that a lot of Division; and conciliation is taking place, and that can only be a good thing. I well remember going to the Family Court on (ii) to replace the term access with contact; and one occasion, and there was a plea to the person in
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(iii) to clarify the standard of proof that applies in child Recommendation 49 is that section 146 of the Family protection proceedings; and Violence Protection Act 2008 be extended to permit the (iv) to provide further for the conduct of proceedings in Children’s Court to exercise jurisdiction under that act the Family Division; and when a child who is the subject of a child protection application is a child of ‘the affected family member’ or (v) to replace dispute resolution conferences with ‘the protected person’. Among other things, conciliation conferences in the Family Division; and recommendation 53 states that children should not be obliged to attend court for child protection matters (vi) to replace the term safe custody with emergency unless they choose to and that, other than in exceptional care; and circumstances, a child should not be required to attend (vii) to provide further for certain breach proceedings at any stage of the court process in protection under divisions 3 and 4 of part 5.3 of chapter 5; and proceedings unless the child has expressed a wish to be present in court and has the capacity to understand the (viii) to provide for enforcement of costs orders made by process. the Children’s Court in proceedings in the Family Division, or under the Family Violence Protection Recommendation 57 is that less adversarial trial Act 2008 or the Personal Safety Intervention Orders Act 2010; and principles be introduced to the Children, Youth and Families Act for child protection matters, and (b) to amend the Family Violence Protection Act 2008 to recommendation 60 supports the court by updating give the Children’s Court jurisdiction over certain court conciliation conference provisions in the applications for family violence intervention orders if there are related child protection proceedings; and Children, Youth and Families Act. It streamlines those provisions, updates the language and provides for the (c) to amend the Personal Safety Intervention Orders Act better management of conferences. 2010 to give the Children’s Court jurisdiction over certain applications for personal safety intervention The whole thrust of these reforms and orders if there are related child protection proceedings; recommendations and of the content of this bill is to and make the environment in which children are the subject (d) to make necessary consequential amendments to other of or participants in these matters much less daunting acts. and threatening. It is an attempt to make the system more child friendly, which is clearly an important If we look at the context for this particular bill, we can aspect of these issues. For children, going to court or see it has been a problematic area for some time, being involved in litigation or legal, criminal or civil particularly under the previous government. It is just matters can be very traumatic at the best of times, so it one matter we have had to deal with as an incoming is appropriate that these issues be addressed in such a coalition government. Part of the context of the bill is way as to make them more user friendly. Justice Philip Cummins’s report on protecting Victoria’s vulnerable children, which provided certain It is also important to reflect upon what is being done input and information in relation to the development of more broadly in attempting to improve the lives of the bill. Justice Cummins made a range of vulnerable children in Victoria through a significant recommendations within his report, which is a very range of initiatives that have been taking place under detailed document. the coalition government since it came to power. I again congratulate the minister on the work she has Some of those recommendations have been adopted done in this area. An important strategy has been and adapted in relation to forming the structure of this released. I refer to Victoria’s Vulnerable Children — bill. Recommendation 43 of the Cummins report deals Our Shared Responsibility, the government’s directions with modernising outdated terms in the Children, Youth paper which builds on documents that have already and Families Act. For example, as I said earlier, ‘safe been released. This document outlines three main goals: custody’ is amended to ‘emergency care’, ‘alternative preventing abuse and neglect, acting earlier when dispute resolution’ to ‘conciliation conference’, and children are vulnerable, and improving outcomes for ‘access’ to ‘contact’. This sends a very clear message children in state care. What appropriate and excellent that the language and terms used have been modernised goals these are. As legislators and community members to make them more child friendly in the context in we have clear and vital obligations to the children which they will be used. Recommendation 43 also within our community, particularly in relation to the clarifies the standard of proof which applies in the three aspects I have just outlined. family division of the Children’s Court.
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The coalition government has made significant progress circumstances they experience, particularly the as part of its strong reform agenda, which has been circumstances they experience in the court system underpinned by the hundreds of millions of dollars of itself. As a result it is essential that we make these new funding that has been put into a broad range of matters as easy as possible for the children involved. initiatives, a couple of which I will touch on. First of all I will mention the establishment of the Commission for The bill also amends a range of technical matters, Children and Young People, which commenced including empowering magistrates of the family operation on 1 March. This commission is independent division of the Children’s Court to conduct matters of government, has wide-ranging powers and according to less adversarial trial principles. This responsibilities and can initiate inquiries where it approach is more child friendly and sympathetic to the believes there are systemic issues in the delivery of needs of the children involved. The bill also refreshes services that affect children’s and young people’s safety provisions in relation to alternative dispute resolution in and wellbeing. This is a very important link in the chain the Children, Youth and Families Act 2005, modernises to ensure that the most vulnerable members of our the language of that act and makes a range of community are protected. amendments that I touched on at the outset.
This government has introduced a new operating model In conclusion, I commend the bill to the house. It is a for statutory child protection, which was rolled out in very important part of the reform agenda and indeed a November 2012. More child protection workers have piece of the puzzle the coalition has to put together to been put on, and over the past few years an additional ensure that the most vulnerable children in Victoria are 89 child protection front-line practitioner positions have adequately protected. been funded. These practitioners have been recruited and allocated to the regions based upon current Ms HALFPENNY (Thomastown) — I rise to speak on the Children, Youth and Families Amendment Bill predicted demand. That is one of the key aspects the government has had to address, because if we do not 2013. Previous Labor speakers have indicated that we have practitioners at the front line who can deal with will not oppose this important piece of legislation. Over these issues as they arise, these matters can become the past few years there has been considerable interest extremely problematic and will leave the most in and concern about the way in which children have been treated in the legal system and how they have vulnerable members of our community still vulnerable. been treated by institutions generally. This has led to a In her contribution the minister touched on the new focus on the way in which society and governments Children’s Court in Broadmeadows, another approach the welfare, protection and rights of children. outstanding initiative of the coalition government. It is a While the amendments contained in this bill could be very important aspect of the justice system that needed considered light on, they are all part of the response to to be dealt with, and this government has dealt with it. this change of focus and an example of the law changing and being reshaped in response to changing Another government initiative is the Springboard views within our community. program, which helps young people transitioning from residential out-of-home care. This $16.9 million Before going into the detail of the amendments in this program helps young people leaving residential bill, I will briefly outline some of the work that has led out-of-home care to access education and employment. to the formation of this piece of legislation and the We must remember that the children we are dealing changing views about children reflected in the law. In with are not only infants but also older young people late 2009 the Labor Attorney-General asked the who are nevertheless still children with transitional Victorian Law Reform Commission to investigate issues and matters in relation to which they need real options for reviewing the way in which legal and significant input and assistance. proceedings were dealing with children in the court system. Later came the Victorian Ombudsman’s report I turn back to the objectives of the bill. The bill amends on his investigation into the Department of Human a range of other pieces of legislation, but in a nutshell Services child protection program, which included its objective is to improve the experience of children, recommendations that government departments look at young people and their families who are involved in new ways of dealing with child protection matters. In child protection and family violence proceedings in the the term of the current government, the Report of the family division of the Children’s Court of Victoria. It is Protecting Victoria’s Vulnerable Children Inquiry, a very clear and important objective, because when known as the Cummins report, contains numerous people are involved in these sorts of proceedings they recommendations relating to the protection of inevitably are very vulnerable to the particular Victoria’s most vulnerable children.
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Also under way is the current parliamentary inquiry were considered to be poor witnesses. Often when they into the abuse of children within religious and spoke out to their family, the institution or even the non-government organisations. As a member of the police they were branded liars and punished further. Family and Community Development Committee of this Parliament, I have direct experience of this inquiry. The amendments we are debating today continue to As a result of this experience and through my hearing take steps towards ensuring respect for children and evidence at the committee’s hearings, this legislation their rights and providing equality before the law by and the way institutions and the legal system deal with recognising that children are different and therefore children have become very important to me. may need different structures and procedures in order to be treated fairly — because they are not adults. In The legislative amendments contained in this bill are saying that, I also say that their views are no less relatively modest in the scheme of things, but they are important and that their views and their evidence is no also critically important. They are based on less valuable. recommendations made by various organisations, departments, inquiries and reviews. While there has The principal act that is to be amended, the Children, been much reform in this area, I hope that reform of the Youth and Families Act 2005, was introduced by the way the courts, the law and society treat children, in Labor government for the purpose of providing particular those who are most vulnerable, will continue community services to support children and families, into the future. providing for the protection of children and making provisions in relation to children who have been The reforms we are talking about today will provide charged with or found guilty of criminal offences. Most more fairness for and better treatment of children within of the amendments I will talk about relate to the family the legal system. Children are not adults; they do not division of the Children’s Court and go to the necessarily think or understand things the same way as protection of children as opposed to dealing with adults. For example, it is generally accepted that young children who have been charged with offences. The people’s brains are not fully developed until they are in changes implement recommendations around wording their early 20s; they are not fully matured and they are to remove language that implies criminality or often dependent on others. But this does not mean that wrongdoing on the part of a child. When court they are unreliable as witnesses or that they are unable proceedings are under way in the family division of the to decide what is best for them. We must find better Children’s Court and an application is made to remove ways for them to articulate their views and to tell us a child from their parents or carers, the term ‘taken into their concerns. The onus is on the institutions and the custody’ is used. The amendments change the word legal system to ensure that children’s voices are heard ‘custody’ to ‘care’. Custody implies incarceration, or rather than the other way round — that is, rather than being taken control of because of something you have expecting children to fit into a legal system designed for done wrong or because of something wrong with you. adults. These amendments acknowledge that children However, to be removed from carers is not the child’s are children but that they also need to be respected and fault, thus the term ‘care’ is more appropriate than the have the right to be respected before the law. The term ‘custody’. changes also ensure that the law respects children and their differences in order to, hopefully, get a better and Another aspect of the amendments is to provide for a more just outcome for children. less adversarial system of child protection hearings by inserting provisions that state that children are not In the past in Australia — and in some places still required to attend the family division of the court unless today — the views and rights of children have not they wish to and can understand proceedings or unless always been respected by the law. Children have been the court orders such. This provides greater flexibility treated as adults in terms of the criminal justice system around the needs of the child. In some child protection and punishment for crime, but in other areas of the law hearings children may need to attend court, but in many they have been dismissed as unreliable witnesses whose circumstance they need not. At present they are evidence, in particular in respect of child protection required to attend court even though they may be just matters, is to be disregarded. It was very clear from the sitting outside in the waiting room with an adult public hearings of the inquiry into the handling of the speaking briefly to them to get instructions or explain abuse of children in religious and other the proceedings. This can be done in other ways rather non-government organisations how poorly children than making children go through the trauma and were considered in the eyes of the law in the past. In distress of physically attending a formal court. many cases criminal abuse of children was able to continue because children were not believed as they
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Similarly, as I mentioned, this bill attempts to move the the Children, Youth and Families Act. It also clarifies court proceedings to a less adversarial system. Again that children are not required to attend family division this involves reforming the language. The bill replaces matters unless they choose to, and I think that is a the term ‘dispute resolution conference’ with the word significant step forward. ‘conciliation’. It also sets out principles for the laying down of procedures and systems for a less adversarial The bill clarifies the standard of proof required in child system. protection matters and makes certain technical amendments to the Children, Youth and Families Act to There is also a new section that clarifies that the improve the efficiency of the Children’s Court criminal standard of proof in respect of the family division of the division. It extends the Children’s Court’s jurisdiction Children’s Court is the universal test of the balance of to allow the court to deal with adult-related intervention probabilities, no more and no less. As I mentioned order applications where there are related child earlier, in the past there has often been the notion that protection proceedings in place. The bill corrects children’s evidence is in some ways less valuable or anomalies in relation to the enforcement of certain costs reliable — it is not considered as good as that of others orders made by the Children’s Court and also makes at the outset — and therefore the burden of proof amendments to allow functions assigned to registrars by placed on the child’s evidence is greater than the test those acts to be performed by other court personnel. for others. This reform is a really good move which will The bill is consistent with the government’s child protect the rights of children and ensure that children’s protection reform agenda as set out in the strategy and views are heard in the legal system. directions paper Victoria’s Vulnerable Children — Our Shared Responsibility. The other amendment I will mention briefly provides for a mechanism to allow for personal safety Disputes in the Children’s Court family division are intervention orders, which relate principally to family about how best a child should be protected from harm. violence, to be heard within the family division of the It is preferable in many cases to encourage a departure Children’s Court where a child protection matter is from the traditional adversarial litigation model. There involved. As previous speakers have said, that will is good reason for this: it is about putting the child’s allow a more holistic approach — not dealing with each interests first. The Children, Youth and Families Act issue separately but in a complete and hopefully more currently empowers the court to inform itself as it sees meaningful way. This also raises another issue that has fit and to proceed without regard to legal forms, but the been spoken about by others: domestic violence and the Protecting Victoria’s Vulnerable Children Inquiry strong connection between it and child protection. The found that the court proceedings are unduly adversarial. area of the northern suburbs I represent has one of the The inquiry recommended that the less adversarial trial highest reported rates of domestic violence in the state. principles of the Family Law Act 1975 be adapted as Legislation such as this, which is good in that it necessary for the family division. Magistrates will be supports the rights of children, is not the be-all and encouraged to inquire directly of parties appearing end-all, and much more needs to be done to support before the court, as opposed to receiving evidence in children and their rights and to protect them. the traditional manner, and to manage court behaviour as appropriate to individual circumstances as they Mr McCURDY (Murray Valley) — It is a pleasure unfold. to rise to speak on the Children, Youth and Families Amendment Bill 2013. As has been mentioned by other Previously, as a matter of law, children and young speakers, the main objective of this bill to amend the people were required to appear or be brought before the Children, Youth and Families Act 2005, the Family court or a bail justice in most family division Violence Protection Act 2008 and the Personal Safety proceedings as part of the application process. This Intervention Orders Act 2010 to improve the meant that children spent long hours in the court experience of children, young people and their families environment — which is not healthy — giving who are involved in child protection and family instructions to their legal representatives and waiting at violence proceedings in the family division of the the court for the outcome. This might be ideal for the Children’s Court of Victoria. legal eagles and the parties in dispute, but it is often not in the best interests of the child. The bill empowers magistrates of the Children’s Court’s family division to conduct matters according to Attendance at frequently stressful and overcrowded less adversarial trial principles, which is important for court environments can have a negative impact on the wellbeing of the children concerned. It refreshes the children. This bill removes the requirement for children provisions in relation to alternative dispute resolution in to be brought to the court buildings. However, children
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will still be able to attend if they wish. This amendment related to a child protection proceeding when the child will not compromise children’s participation in the is the child of or is under the care and supervision of the judicial system, because in practice the court rarely affected family member or protected person, or if the requires that children be present in the actual courtroom application raises issues relating to the safety of the while the court considers their safety; instead, children child that are the same as or similar to the issues sit outside. forming the basis for the proceeding.
The quality of a child’s participation in proceedings is In terms of what the significant differences will be for not guaranteed by their mere presence at the court children and families, the Protecting Victoria’s building. A child’s participation should be facilitated by Vulnerable Children Inquiry found that the the magistrate, the Department of Human Services environment of the Melbourne Children’s Court adds to workers and, where relevant, the child’s lawyer. the trauma and harm experienced by children and Lawyers will be required to make efforts to take young people. The inquiry suggested that the instructions from children prior to the court hearings. environment was due to physical and administrative We are well aware that this may be difficult in constraints but also a culture of mistrust, combativeness emergency situations. and disrespect between parents — and we have seen that ugly parent syndrome emerge in some of these In terms of extending the Children’s Court’s circumstances — child protection practitioners and jurisdiction, it is important to note that the Children’s lawyers during a highly stressful time in a child’s and a Court does not have jurisdiction to deal with family’s life. The inquiry considered that children applications under the Family Violence Protection Act should attend the court and its precinct only if they 2008 or the Personal Safety Intervention Orders Act wished to do so and that the law should be changed to 2010 where none of the affected family members, make this possible. In particular the attendance and protected persons or respondents is a child. standard of proof amendments will have a direct impact on the experience of children and families during the The Protecting Victoria’s Vulnerable Children Inquiry court process. report recommended allowing the Children’s Court to exercise its jurisdiction under the Family Violence The coalition government’s child protection reform Protection Act when a child who is the subject of a agenda is important to us. It dovetails into our law and child protection application is the child of ‘the affected order platform, to which we are continuing to make family member’ or ‘the protected person’. This is dealt changes. The government’s protection reform agenda is with under recommendation 49. set out in the strategy and directions paper, Victoria’s Vulnerable Children — Our Shared Responsibility. By The amendments extending the jurisdiction of the introducing this bill the government is delivering on its Children’s Court under the Family Violence Protection commitment, outlined in the directions paper and Act and the Personal Safety Intervention Orders Act strategy, to make a more child-friendly legal system, respond to recommendation 49. The Personal Safety strengthen laws protecting children, continue to expand Intervention Orders Act amendment is necessary to new mechanisms for problem-solving and ensure that ensure that the Children’s Court can hear all court processes are tailored to the task. intervention order applications that may be related to a child protection proceeding. These amendments will In summary, this is a significant bill. It is a high priority allow one court to oversee legal proceedings, ensure of this government to put children first. The community consistency between orders and reach decisions based has longed for leadership in this area. I am proud to be on the whole picture of a family’s circumstances. This part of a government that continues to assist vulnerable puts the child’s interests first, as I said earlier. people within our community. As the old saying goes, you reap what you sow. Investing in our children, as Under its new jurisdiction the Children’s Court will be this bill does, is a terrific way of doing that. Looking able to deal with applications under the Family after our children, particularly those in vulnerable Violence Protection Act and the Personal Safety circumstances, is important for our future. This bill is Intervention Orders Act where the application is related another milestone towards achieving better outcomes to a child protection proceeding and each affected for families in our community. family member or protected person and each respondent to the application is an adult. Families in the Murray Valley face challenges just as all communities do. Some of those challenges are great, An application under the Family Violence Protection some are small. They are all relative, depending on Act and the Personal Safety Intervention Orders Act is your income and family circumstances. This is a
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watershed moment in supporting children who are in Undoubtedly all members of Parliament agree that the very difficult circumstances. I look forward to further protection of children is paramount, and the coalition bills that will help those people in our communities government with this legislation is certainly committing who cannot help themselves. This bill will greatly assist to protecting our children. The formalities of the court families. It will put children first, and that is most process can be frightening and intimidating. As I have important for our community. I commend the bill to the said, children as young as five can often be called to house. court, and the process is hard for them to understand. As the member for Carrum I support children having to Mrs BAUER (Carrum) — It is a pleasure to rise to attend fewer legal proceedings, because it will reduce support the bill before us, the Children, Youth and the trauma experienced by them. That reform is a first. Families Amendment Bill 2013. The amendments in We are actually listening to the community and to this bill reflect important reforms aimed at ensuring that professionals and experts in the community, and we we protect our most vulnerable children in Victoria. have heard that this will be a good change for children The bill amends the Children, Youth and Families Act and for families and that it will provide children with a 2005, the Family Violence Protection Act 2008 and the choice. Personal Safety and Intervention Orders Act 2010. The purpose of the bill is to introduce the less adversarial In anticipation of speaking on this bill I spoke to trial principles modelled on those in the commonwealth families in my community in the Carrum electorate Family Law Act 1975. This change will strengthen the about the contents of it. I am fortunate enough never to ability of the Children’s Court to use less formal court have had to use the court process, and my children have proceedings, encourage respectful communication never had to go through that process, but I do have between parties and also reduce confusion and distress contact on a weekly, sometimes daily, basis with people for children. who do. Some of them have good stories to tell, and there are also stories of challenging times for families. I The amendments will ensure that children will not need asked the families, including some teenagers, about the to attend family division hearings unless they choose to feelings they have had when they have had to go to or are required to do so by the court. Currently children court. They said that when children have to present to as young as five can be required to attend court for the court they often blame themselves, feel a degree of child protection proceedings, and this can be a sadness and are confused and it is very difficult for confusing and frightening process for the children them to have to take sides, especially where parents are involved. The bill also clarifies that the standard of involved. They get exhausted and can become quite proof required in child protection matters is on the angry. Quite a few families said to me that the children balance of probabilities and does not restrict the court’s feel it is their fault. That blame is unfair, and that is assessment of the likelihood of future risks. The bill certainly not how they should be feeling. The pressure will also extend the jurisdiction of the Children’s Court of having to take sides and the general stress are quite under the Family Violence Protection Act 2008 in difficult for children. Reducing the trauma and relation to personal safety intervention orders to allow providing choice for children is something I believe the court to issue intervention orders in relation to child will be welcomed by our community. protection proceedings that are on foot in the courts. As I mentioned, I am proud of the I commend the Attorney-General for his consideration whole-of-government strategies the coalition of children. It is obvious that protecting our most government has already implemented. We have made a vulnerable children is of the utmost importance to the suite of reforms in this area. As well as commending Attorney-General. This legislative reform is part of a the Attorney-General I would like to commend the whole-of-government approach. Since the coalition Minister for Community Services on the formed government in Victoria it has taken a whole-of-government approach. The minister in her whole-of-government approach across different address mentioned that as a government we have ministerial portfolios to ensure that the protection of already made significant progress, providing a families and of the rights of children are absolutely whopping $650 million in new initiatives and funding. I paramount. The amendments in the bill have great am very proud of the fact that we have established the support in the wider community as well, which is very Commission for Children and Young People. This pleasing. There has been a great deal of consultation initiative was welcomed by many professionals across with community service organisations, with the the community. It started operating on 1 March and is Magistrates Court, with legal stakeholders and with the headed by Bernie Geary. It is independent of Children’s Court. government and has wide-ranging powers and responsibilities, including the ability to initiate an
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inquiry where it believes there may be a systemic issue There is no more important group in our society that in the delivery of a service that affects children’s and this Parliament can help than vulnerable children. This young people’s safety and wellbeing. This is a terrific legislation is important to this government because it initiative. delivers on its commitment to create a more child-friendly legal system, strengthens laws protecting We also have a new operating model for statutory child children, continues and expands new mechanisms for protection. This was rolled out in 2012. We have more problem-solving, and ensures that court processes are child protection workers. Over the past two years an tailored to their task. Among other things, it is the right additional 89 front-line child protection practitioner thing to do. positions have been funded, and we have seen new practitioners recruited and assigned to regions based on The Victoria’s Vulnerable Children — Our Shared current and projected demands. Responsibility directions paper is a very important paper that investigates ways to make the legal system We heard previous speakers talk about our commitment more adaptable to the needs of our vulnerable children. for a new Children’s Court facility in Broadmeadows, It is based on the Cummins report on the 2012 inquiry, and this is certainly going to be welcomed by the the Protecting Victoria’s Vulnerable Children Inquiry, Broadmeadows community. The Springboard program, which received 225 written submissions. The bill is which helps young people transition from care, has also primarily focused on implementing been mentioned. This is a significant $16.9 million recommendations 43, 49, 53, 57 and 60. It implements program that helps young people leaving residential reforms announced in the directions paper so that the out-of-home care to access education and employment. legal system can become more child focused in Springboard is currently assisting 216 young people particular areas. Child protection procedures closely statewide. resemble those used in summary criminal prosecutions. The Children’s Court is a specialist jurisdiction, but any Locally we have some fantastic community-based child court can add to the trauma of a situation. and family services that support families throughout the cities of Kingston and Frankston. They include Berry Presently child protection proceedings require the Street’s south-eastern metro region office, and Menzies attendance of the child or young person, but children do Inc, which provides out-of-home care services in the not need to be frightened, confused or traumatised by Frankston area as well. Also, it was a great pleasure to this as they can be currently. This bill makes changes so attend the opening of the refurbished and extended that children will no longer be required to attend court headspace facilities in Frankston last week with the in all cases. It is interesting to note that less than 3 per Minister for Mental Health and the member for cent of child protection cases actually proceed to court; Hastings. I was delighted to see the wide range of most are resolved by agreement. This bill changes the young people there. They gave us a hands-on law so that instead of children being required at experience with some of their programs, and we had hearings they are now not required to attend unless they great conversations. They told us how youth services at wish to do so or the court deems it fitting that they do headspace assist with drug and alcohol issues and so. vocational support for young people aged from 12 right up to 25 years. The coalition government has provided This is a very common-sense move and a win for significant support of $453 000 for the centre’s vulnerable children. It brings Victoria into line with relocation to larger premises at Playne Street, most other states. Children will be asked if they wish to Frankston. It was a highlight to chat to young people at attend court. Child protection workers will discuss the headspace and hear about all the terrific work they do. options with children, explaining what is involved. If they choose to attend, to minimise trauma the worker In closing, I have had great pleasure in speaking on this will give them a detailed explanation of what to expect. bill. I am very proud to stand in this house to reinforce If they do not wish to attend, case managers and child that as a government we are focused on protecting our protection workers will facilitate the child’s most vulnerable children. involvement in decision making. If necessary, children can give instructions to a lawyer away from the court. Ms WREFORD (Mordialloc) — I rise in support of the Children, Youth and Families Amendment Bill If children are attending, court proceedings will be less 2013. This bill is important to me, and I quote what I formal, and outdated terms that make vulnerable said in my very first speech in this place: children and families feel like they are being subjected to criminal proceedings will be removed. Every effort It is unbelievably important to provide for and protect the vulnerable within our society. will be made to minimise distress and confusion for the
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child. Less adversarial trial principles will come into court for the first time. The Victoria’s Vulnerable play. This is where a judge plays a more inquisitorial Children — Our Shared Responsibilities directions role and is what they do in the Family Court of paper is very important, and this bill implements Australia. This system encourages more respectful reforms announced in the paper so that the legal system communications between the parties and there is more can become more child focused in particular areas. discussion between the parties about what is best for the child. This bill makes changes such that children will no longer be required to attend court in all child protection Anglicare Victoria, Berry Street, MacKillop Family cases. Children will be asked if they wish to attend and, Services, the Salvation Army, the Victorian Aboriginal if they are attending, court proceedings will be less Child Care Agency and the Centre for Excellence in formal. Further, this bill will also allow the family Child and Family Welfare argued that adversarial division to hear intervention order matters where child mechanisms associated with the family division of the protection issues are involved. It also clarifies the Children’s Court have little role to play in a standard of proof required in these cases. We are doing contemporary child protection system. The joint the right thing. I know that under these new provisions submission recommended that protection applications children who face the trauma of going through possible be processed through an administrative model court proceedings will be much better protected. I supported by multidisciplinary experts. commend the bill to the house.
Imagine how daunting it would be for a child in my Mr SOUTHWICK (Caulfield) — I rise to speak electorate. If they need to go to court, there has to be about the Children, Youth and Families Amendment trauma and turmoil in their life. Then they have to Bill 2013. We have already heard a number of travel all the way to the big, scary court to deal with significant contributions from this side regarding this lawyers, judges and a stressful negotiation process important bill, which goes to the core of protecting our between parties. It would be scary and confusing and vulnerable children with a whole-of-government certainly add to the trauma experienced by the child. approach. The bill amends the Children, Youth and We can do better for these children, and that is what we Families Act 2005 to improve the experience of are doing with this bill. children and young people and their families who are involved in child protection family violence In addition to improving the system for vulnerable proceedings in the family division of the Children’s children, this bill also allows the family division to hear Court of Victoria. The bill takes away the obligation of intervention order matters where child protection issues putting our young people through what in many cases have an impact. This is important because often the can only be described as a very traumatic process. We child protection matters and intervention orders need to talk a lot in this house about early intervention and coexist. Having one court handle both matters will deterring people from going down the wrong path make life easier for everyone involved and reduce the while trying to get them on the straight and narrow. The chances of conflict. Importantly this bill also clarifies sort of legislation we are discussing today addresses that the family division makes decisions on balanced that. probabilities, rather than using the criminal standards or high standards of proof. As other members have said in their contributions, the bill did not just happen within 5 minutes of us being in This bill does a number of other things. It empowers government. It has come about through a magistrates of the Children’s Court family division to comprehensive discussion with stakeholders. There was conduct matters according to less adversarial trial a directions paper looking at Victoria’s vulnerable principles. It refreshes the provisions in relation to children and submissions from all sectors contributed to alternative dispute resolution so that children are not the Protecting Victoria’s Vulnerable Children Inquiry, required to attend family division matters unless they which was held in 2012. The Cummins report had choose to do so. The bill clarifies the standard of proof 90 recommendations. The work was a comprehensive required in child protection matters and corrects look at the sector and how we can reform it. This bill is anomalies in relation to enforcement of certain costs not piecemeal; it is a comprehensive orders made by the Children’s Court. whole-of-government approach. When you are dealing with young people the response does not fit within a In summary, this bill is important to me, it is definitely particular box; it fits into a number of different important to our government and it is really important portfolios. That is why I commend the for our vulnerable children. Nothing could be more Attorney-General and also the Minister for Community stressful for a young child than having to appear in
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Services for their work in ensuring that it has become a need to aim for the best, improve what we have done whole-of-government approach. before and ensure that young people feel comfortable and supported. That is certainly less adversarial for the Another element is that significant money, decision-making process, and the best interests of $650 million, has been contributed to these reforms to children are paramount. family violence, vulnerable children and drug and alcohol abuse. The consultative approach goes all the Another very interesting program that has been way to our courts, the police, community sectors and supported as part of the $434 million that we have the various agencies that do a fantastic supportive job. provided as a result of the initial inquiry is the Springboard program. This program helps young I would like to spend a little time talking about my people to transition from care. We provided experience visiting the Moorabbin Children’s Court last $16.9 million in funding for this program to help young year, where I looked at a number of young people people leaving residential out-of-home care to access going through a trial diversion program called Right education and employment. Springboard is currently Step. It was developed and run through the support of a assisting some 200-odd people across the state. This number of councils. In my district, Glen Eira City sort of thing is really important to encourage young Council was involved in the process. The group was people, to get them out of care, out of home and into the established through Youth Connect. Rather than putting workforce or into study. It is about sending young young people straight through the process into jails and people down the right path. These are really important all of that sort of thing, Youth Connect, which works steps. They are the sorts of things that we should be very much with young people, looked at how it could supporting and encouraging. get young people out doing things such as community service, mentoring and support. Again it is trying to A number of different budgeting issues were reform these young people at the earliest possible time. announced at the time the 2012–13 budget was We need to look at these sorts of programs, which this released. They were all about education and capacity bill supports. building, whether in relation to stronger families, child protection, assisting and engaging with vulnerable The Commission for Children and Young People looks families or looking at mothers and babies. We provided at all of these sorts of things, and it asks, ‘What can we $19 million to expand Child FIRST, which is an do that is independent of government, not reliant on integrated service for high demand. What is paramount government and connected to the agencies and the in this bill is a child-friendly legal system, and that is various groups?’. It is about learning from those apparent when you look at the $17 million that we have agencies and groups, taking some of those good trials provided for the Children’s Court, the $20 million to and initiatives and supporting and implementing them. establish three new multidisciplinary centres for sexual Most importantly it is about delivering those services to assault and child abuse, the $23.7 million to expand ensure that the safety and wellbeing of young people new model conferencing and the $7.4 million to expand are absolutely paramount in anything we do. There is a the use of family group conferencing and the new operating model for child protection, which was Aboriginal family decision-making program. These rolled out in November 2012 and which looks at getting sorts of initiatives are about making things friendly for young people into the workforce as early as possible. young people. We have already seen increases from 63 per cent to 75 per cent in relation to that. Another very important element relates to accountability and transparency. We provided Over the past two years we have provided funding for $3 million to establish the Commission for Children more child protection workers, and an additional and Young People. As I said earlier, that commission is 89 front-line job child protection practitioners have really important. It sits behind these programs, and it been funded. It is very important to get people out there ensures that we are doing things in a more strategic and working with young people and to ensure that young comprehensive manner and that we are not rushing off people are recruited into the sector. It is about recruiting and doing things without a coordinated and proper practitioners and those practitioners supporting and process. working with young people. The new Children’s Court in Broadmeadows, which the minister mentioned In the last moments of my contribution I will speak earlier, is very important. This is very much about briefly about headspace in Elsternwick, which I visited adapting a model of best practice, and we want to recently. I would like to highlight the support it is ensure that the court is child friendly and accessible. providing to young people. We have really good Each time we build these new bits of infrastructure we models in our community, with organisations that are
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working with young people and establishing really in the child, youth and family areas and it modernises good programs. Headspace has built really comfortable the language of the CYFA. The bill clarifies that environments for young people. And guess what: children are not required to attend family division young people are coming to headspace. Young people matters unless they choose to. It clarifies the standard of feel comfortable to go into venues like headspace and proof required in child protection matters. It makes to be get supported by that organisation, so much so certain technical amendments to the CYFA to improve that the headspace model may be exported to other the operational efficiency of the criminal division of the jurisdictions. It has proven to be successful and people Children’s Court. in other jurisdictions would like to use it. A lot of really good work has been done by some excellent people in It extends the Children’s Court jurisdiction under the that organisation. FVPA and the PSIOA to allow the court to deal with adult-related intervention order applications where This is a very important bill. It is not the only bill we there are related child protection proceedings on foot. It have had that relates to this area but is part of a corrects anomalies in relation to the enforcement of comprehensive suite of measures that support young certain costs orders made by the Children’s Court and people, enhance young people’s future and ensure that costs orders made by the FVPA and the PSIOA, and it young people are paramount in our society. I commend makes amendments to the FVPA and the PSIOA to the bill to the house. allow certain functions assigned to appropriate registrars to be performed by other court personnel. Ms MILLER (Bentleigh) — I rise to speak on the Children, Youth and Families Amendment Bill 2013. There is quite a bit involved in this bill, and rightly so. At the outset I congratulate the Attorney-General on The default commencement date of this bill is June introducing this bill and the Minister for Community 2014, if it does not commence earlier. Members might Services for implementing the reforms. The bill amends wonder how this bill relates to the government’s child the Children, Youth and Families Act 2005 to effect a protection reform agenda as set out in the directions range of reforms to Children’s Court family division paper and strategy entitled Victoria’s Vulnerable processes and to make some minor technical Children — Our Shared Responsibilities. By amendments. It also amends the Family Violence introducing this bill the government is delivering on the Protection Act 2008 to allow some of the functions that commitment outlined in the directions paper and the act assigns to appropriate registrars to be performed strategy to make a more child-friendly legal system, to by other court personnel, to extend the jurisdiction of strengthen the laws protecting children, to continue and the Children’s Court under that act and to provide for expand new mechanisms for problem solving and to the enforcement of costs orders made under that act. It ensure court processes are tailored to task. also amends the Personal Safety Intervention Orders Act 2010 to allow some functions that the act assigns to We put out a media release on 27 June. It was titled appropriate registrars to be performed by other court ‘Less adversarial child protection proceedings for personnel, to extend the jurisdiction of the Children’s vulnerable children’. It says: Court under that act and to provide for the enforcement The amendments to the Children, Youth and Families of costs orders made under that act. Amendment Act, jointly developed by Attorney-General Robert Clark and Minister for Community Services Mary This is very important legislation. It is related to Wooldridge, will ensure that court proceedings are less vulnerable children and families in Victoria. The bill intrusive and less adversarial. amends the Children, Youth and Families Act 2005 The new legislation will help avoid and reduce further distress (CYFA), the Family Violence Protection Act 2008 and trauma for vulnerable children and promote better (FVPA) and the Personal Safety and Intervention outcomes for proceedings in the family division of the Orders Act 2010 (PSIOA) to improve the experience of Children’s Court. children and young people and their families who are involved in child protection and family violence That is quite significant and worth noting. There was proceedings in the family division of the Children’s also an article printed in the Age dated 28 June by Jane Court of Victoria. As I said earlier, the bill also makes Lee and Henrietta Cook. Essentially it referred to some minor technical amendments. clause 12 of the bill. It said: Vulnerable children will have to attend fewer custody Essentially the bill empowers magistrates of the family hearings as part of state reforms to make court proceedings division of the Children’s Court to conduct matters less adversarial for minors. according to less adversarial trial principles, it refreshes provisions in relation to alternative dispute resolutions Attorney-General Robert Clark and community services minister Mary Wooldridge said the reforms — introduced
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into Parliament on Wednesday in response to court personnel and to provide the enforcement of costs recommendations from the Protecting Victoria’s Vulnerable orders made under those acts. Children Inquiry — would reduce trauma for vulnerable children. As I said, these reforms will commence on 1 June 2014 That is very important to note. The reforms in this bill if they are not commenced earlier. It was a big initiative are protecting vulnerable children in the court system, that the Attorney-General took and, more importantly, a as I indicated. Under new section 216A, inserted in the big initiative for the Minister for Community Services principal act by clause 12, children will only need to to actually implement these reforms, because they will attend the court if they want to or if there are be of significant benefit to families and children who exceptional circumstances. At the moment, children up may be exposed to such environments. to 18 years of age are required to sit in a corridor, which is often outside the court, where they may be exposed In conclusion, the bill is about protecting vulnerable to inappropriate conversation and inappropriate children in the court system. Should families in behaviour. This can be stressful and traumatic for that Bentleigh or elsewhere in Victoria be in a position particular individual. I am sure that as we grow and get where they find themselves involved in the child older we learn and absorb a lot of information, and if protection system, they should find the Children’s there were an unpleasant discussion or unpleasant Court to be more family friendly and child friendly. behaviour, as I said, it would be not only stressful and That is very important to note, because we are a very traumatic for the individual but also something that they caring government. We are very family-oriented may recall later in life. government, and more importantly, we are about delivering the commitments we make to the Victorian In terms of a summary of related initiatives that the people. The amendments in this bill are a positive step. government has delivered in its budget for 2012–13, it I commend the bill to the house, and I look forward to a has provided $19 million to recruit 42 new statutory speedy passage. child protection workers, $51.4 million to reform the child protection workforce, $1 million to evaluate the Dr SYKES (Benalla) — I rise to contribute to the Services Connect case management reform trials, Children, Youth and Families Amendment Bill 2013. I $1.9 million to continue the role of statewide principal commence by wondering why I have the opportunity to practitioners, $7.9 million for specialist intervention immediately follow on from the member for Bentleigh; teams to assist in regional hot spots, $7.3 million to there does not appear to be significant participation by significantly expand treatment places for children with those opposite. I can perhaps understand that when we problem sexual behaviours and $2.2 million for early were debating the bill on the succession to the Crown childhood development workers in the Grampians, last night there may have been reasons why those Gippsland and Loddon Mallee regions. We are looking opposite chose not to contribute to the debate, but for after families and children not only in the city and them not to be fully participating in this debate on such metropolitan areas but also in the regional areas, so an important matter I have great difficulty these initiatives will be for all Victorians should they understanding. wish to draw on those services. As previous speakers have indicated, this bill primarily As I said, these reforms are about protecting vulnerable focuses on introducing a less adversarial approach to children in the court system and, more importantly, trials. I fully endorse that because I have had occasion making these environments more child friendly and to be in the legal system on one or more occasions — more family friendly, which is very important. As I generally on the prosecuting side rather than on the said, the minor and technical changes and the other defending side, I should say — but even as an adult and significant changes to the act make a range of even being on the prosecuting side I have found the amendments to the Children, Youth and Families adversarial nature of the court process to be quite Amendment Act 2005 to improve the processes of the intimidating. Therefore it is not surprising that the Children’s Court. Amendments have also been made to thought of young children, particularly vulnerable the Family Violence Protection Act 2008 and the young children, being involved in the adversarial trial Personal Safety Intervention Orders Act 2010. Those process worries me greatly. This action to reduce the amendments have been made to empower the need for young children to be present in family division Children’s Court to hear intervention order applications hearings is a very welcome and very appropriate move, involving only adults when related to child protection and I commend the Attorney-General and the Minister proceedings, to allow some functions that those acts for Mental Health, Minister for Community Services assign to appropriate registrars to be performed by other and Minister for Disability Services and Reform for this initiative.
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It is also important that this initiative includes being experienced by either parents or children. I heard clarification of the standard of proof required in child the member for Caulfield, I think, talking about the protection matters: it is on the balance of probabilities headspace program. In our community we have a and leaves flexibility for the court. program called EdSpace, which looks to provide educational opportunities for young people who are It is important to put this aspect of dealing with challenged for a variety of reasons, including social vulnerable children in a broader context. The children disadvantage and very often a component of intellectual in these circumstances are vulnerable for a range of disadvantage. It is run by one of our local doctors, and reasons. These reasons are very often related to family it is very well supported, to the extent that in October violence, and linked with that, there are other each year there is a bike ride acting both as a fundraiser circumstances, including on occasions disability of for the service and as a community awareness exercise. either the carers or parents or the child. There are also I am very pleased to note that I have an ongoing issues of intergenerational social disadvantage. It is involvement in that, and a couple of years ago we had important that if we are going to address the court former Premier Steve Bracks participate in the ride as a proceeding side of things, it should not be to the way to increase public awareness and generate income. exclusion of working concurrently on other aspects and risk factors. As we have seen in recent times, both sides Similarly, as many people know, young people with of the Parliament have been present in taking a stand autism spectrum disorder can often be caught up in against domestic violence. The front-page coverage these situations. In our electorate we are very fortunate involving the Premier, the Lord Mayor, the chief of to have Mansfield Autism Statewide Services, which police and the chief executive officer of the AFL was provides significant support to young people and their an example of leaders in our society sending a clear families to help the young people achieve to their message that domestic violence is unacceptable. We maximum potential. Having worked with Mansfield were able to replicate that in Benalla; it was a very Autism Statewide Services and people with a disability, well-received initiative. I find it interesting how often a child having a disability puts significant pressure on family relationships, which Similarly we need to address social disadvantage, can then lead to a breakup of those relationships, which because if people are disadvantaged, if they are under causes its own trauma. It also at times leads to domestic the pump, if they have low self-esteem or a low sense violence and to situations where these young children of self-worth, they can express themselves and their come before the courts. frustrations through violence and impact on children, resulting in children coming before the courts. We need Another initiative in my electorate I am very pleased to to address those factors causing social disadvantage, be involved with is an awards program I initiated — the and our government has taken a significant initiative in You’ve Got What It Takes Weary Dunlop award. This a number of communities around Victoria. It is called award targets young people who have demonstrated the Advancing Country Towns initiative. In Benalla in persistence and resilience to overcome a challenge in particular this initiative takes an intergenerational their life and to achieve. The award program is offered approach, focusing in the first instance on young to around 45 schools in my electorate each year, and children under the age of five and infants under the age about 25 take them up each year. The young children of two and ensuring that they are provided with nominated for the awards are often the young children intellectual stimulation so they are ready to learn when we see heading towards these court situations, because they come into the school system. that is the target: the battlers. It is absolutely heart-rending but also really rewarding to see the By providing this intellectual stimulation through response from the child, their extended family and the involvement in playgroups and other activities, school when a child is nominated for this award. They coincidentally the children’s mums and extended get public recognition in their school, and you see family members also have the opportunity to participate teachers crying because they are so proud that this and to grow as young people, to learn more parenting young child is so proud that they have been recognised. skills, to be involved in broader educational opportunities and to learn basic financial management The second part of the award is the young people and and a range of other skills. That is an example of other their families and friends coming to Melbourne, either work that needs to be done to address the issue this to the footy or to Parliament House. Again you see legislative amendment is looking to address in part. some real battlers coming along with their kids, but the sense of pride in that child and the family and extended We also need to look at the issues around disability — I family gives me hope that those young people will am talking particularly about intellectual disability — progress and continue to achieve to their potential and
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that there is less likelihood of them and their families her experience was when she had to attend court in ending up in these court situations. relation to her parents’ divorce. She had a very strong relationship with her father, but her mother had her This bill seeks to address an aspect of dealing with appearing in court, trying to get her to testify against vulnerable children, but there is also much we can do as her father. I knew this young woman in her 20s, and she a community to assist our vulnerable children and their was extremely distressed when recalling how difficult it extended families, and I encourage everyone to do that. was for her throughout that court experience. She was almost pitted against a parent with whom she had a Ms McLEISH (Seymour) — I am very pleased to very strong and loving relationship. I saw that the rise on this occasion to speak on the Children, Youth trauma had stayed with her for many years. and Families Amendment Bill 2013, brought to the house by the Attorney-General and supported by the The way the system currently stands is that children and Minister for Community Services. In a nutshell, this bill young people are required to physically attend the amends the Children, Youth and Families Act 2005, the Children’s Court for protection proceedings, and as I Family Violence Protection Act 2008 and the Personal described with my friend’s experience, this can be a Safety Intervention Orders Act 2010. At the basis, all of very frightening, confronting and confusing these acts are really about improving the experience of environment for a young person or child. In this bill we young people and their families involved in the child are amending the existing legislation to remove this protection and family violence proceedings in the requirement so that children will no longer be required family division of the Children’s Court. to attend unless they wish to do so or the court thinks it is absolutely necessary. This will align the Children, I want to give some background to this. When we first Youth and Families Amendment Bill 2013 with similar came to government child protection was up there at the legislation in most other Australian jurisdictions. top of the list and we were working to make the experiences for the children involved much more child There is a role here for child protection workers as well focused. The Minister for Community Services as for delegated case managers. If children do want to commissioned the Cummins inquiry, which was a attend court, they will work with them, explain what the comprehensive investigation of systemic problems in situation will look like and familiarise them with it so child protection and was to make recommendations to that they will have a very good understanding of that strengthen that. Its report was tabled last year as the day. This will reduce the impact and trauma the child Report of the Protecting Victoria’s Vulnerable Children may experience. If they do not want to go, they will Inquiry. There was an enormous amount of work work with them around decision-making processes and involved. The inquiry looked at many different areas of talk about instructions they might give. This would be the child protection system, the Children’s Court of done somewhere away from the court so that if the Victoria and the role of the courts. One of the things person did not want to go, they would not experience that came out of that report was the affirmation that the the adversarial nature of the court. Children’s Court is a specialist jurisdiction that makes important decisions in relation to children and young One of the things I was involved with earlier in my life people’s safety. That is very much a positive, but there was alternative dispute resolution. I was involved at the was a flipside. Although the inquiry found that the inception of the WorkCover conciliation service, where Children’s Court being a specialist jurisdiction was that really was one of the aims — that is, to reduce the extremely important, the flipside was that the adversarial nature and bitterness of such proceedings. environment of the court can often add to the trauma As members would know, if a couple of people have a and harm experienced by vulnerable children and small divide, then the more adversarial it becomes the young people. more likely it is that that divide can become a great gaping chasm. That can happen in family situations, I have been very fortunate in my background and and families can be destroyed by an adverse experience upbringing in that we have had no family involvement in a court, not just by the outcome. I think about a at all in any courts, nor have we been involved in the number of people that have come to me in my role as child protection system. That experience extends to an MP to talk about the process at the Children’s Court everybody I have known. I feel privileged in having and about what it has done to their families. Sometimes grown up without having to deal with some of these they have been parents or guardians and at other times sorts of things and to know others who have not. they have been grandparents. I have seen many people However, earlier in my working life the issue of who have found this whole experience to be quite children attending court came up with one of my work traumatic, but always at the bottom of it is concern colleagues who was a friend. She described to me what about what it is doing to the children and about
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protecting their children through what can be some The bill also makes a number of technical amendments trying situations for the family members. They to the Children, Youth and Families Act 2005 regarding invariably wonder and have grave concerns about the the sorts of things that often get picked up in effect on the child when they are older and what that amendment bills. I commend the Attorney-General and experience may do. I certainly understand that because the Minister for Community Services for the work they of having that friend who had gone through similar are doing to protect Victoria’s vulnerable children by experiences who relayed what it was like for her as an building on the work already done by the Cummins adult. inquiry, the report of which has been tabled. In this instance we are looking at legal proceedings, court I would like to think that I have a strong relationship processes and experiences so that the people going with the police in my area. Recently I called in at the through them, and children in particular, will find the Broadford police station and the Seymour police court system less of a threat and less traumatic. These station, but I have also done a very long stint with changes will hopefully create a system that will stand Kilmore police, as well as with Healesville police. young people in better stead than does the current one. When you have those stints and get an opportunity to A negative experience can affect a young person right talk to police about some of the issues they experience, through into adulthood. I commend this bill to the you discover that in many areas such as Seymour, house. Kilmore, Broadford and Healesville there are real pockets of disadvantage. With those pockets of Mr BATTIN (Gembrook) — I join with the disadvantage can often come child protection matters member for Benalla in stating how disappointing it is that can even involve family violence. As the member that on such an important bill, the Children, Youth and for Benalla said, there are also instances where there is Families Amendment Bill 2013, those opposite cannot a mental illness or a disability that can put a lot of find speakers to talk about how it affects their pressure on families and lead to tension within them, community. I can only guess that this is because when which could lead to family violence. That is something we are talking about anything in the youth sector or that everybody in this chamber is agreed on — that is, about children and vulnerable children, it is difficult to how important it is to reduce the incidence of family assess the progress from a government point of view. violence. Whether we like it or not, one of the key indications of whether the vulnerable children and youth sector is Police now are very much focused on and thinking going well is whether there are stories about it on the about this. It is at the forefront of their attention. When I front page of the Herald Sun. I know that sounds bad, was talking to officers at Broadford police station but that is just the way it is. It is the truth. We want to recently they were talking about some of the tensions keep those sorts of stories out of the papers. The less that arise with younger people — and I mean you hear about it in the community, the more we are teenagers — who are quite vulnerable regarding the use achieving our goal. The Attorney-General and the of the drug ice and other drugs that are being used a Minister for Community Services have done a little bit more and are creating tensions within families wonderful job not just on this but also on the processes and associated violence. We are really looking to they have put in place for young people, communities protect our young people because they are the future of and families throughout the state. I know that many our country. If you make sure as best you can that you people in my electorate have had to use the services that have got a positive environment, it gives young people are available. The Attorney-General and the best opportunity that they can have. Minister Wooldridge are making sure that those services remain available to them. This bill is moving to make the processes in the Children’s Court much more child focused and child I will refer to a few of the details in this bill. The bill friendly, and I guess that really is about user empowers magistrates in the Children’s Court of friendliness. The amendments to the acts that I have Victoria family divisions to conduct matters according talked about or referred to empower the Children’s to less adversarial trial principles. It refreshes the Court to hear intervention order applications involving provisions in relation to alternative dispute resolution. It only adults where related child protection proceedings modernises the language, and it is very important when are on foot, allow some functions of those acts assigned we are looking through bills that the language reflects to appropriate registrars to be performed by other court the way we talk today. The bill clarifies that children personnel and provide for the enforcement of costs are not required to attend family division hearings orders made under those acts. unless they choose to do so. That is an important detail. Children deserve to be able to choose whether they go into a court environment. Courts are designed and set
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up very much like Parliament House. They are child abuse, sexual abuse, family violence and all these designed to make whomever is in the chair look other issues that are affecting families today. Families powerful. The Parliament is designed to show that it is can even be affected by intimidation or financial stress. a place of power, decision making and importance. It does not have to be physical violence. A lot of things These types of buildings are designed the same way not can happen in a family home. We were expecting just in Victoria but all around the world. people who worked in the department to go out there and deal with them, and although they were trained, the Courthouses are very similar. A judge or magistrate sits loads were too big. They were getting too many of at the front, and some of them sit in a very high these serious cases. It only takes one serious case to put position. They sit there to look over the audience they a lot of pressure on a person, especially if that person are dealing with. It can be intimidating. If, added to feels responsible for the outcome of a situation. They that, you are a young person and you have mum and may feel they have failed. dad on different sides of the fence and there is a battle going on, that can have an effect on your mental health. The way to stop that happening is to create a system It can be overpowering. It is bad enough walking into a and programs that give such case workers something to courthouse just to have a look around. If a child is fall back on. It was important to create a support sitting there in the middle of a family dispute, it is network behind these people, many of whom were important — especially with these divisions et cetera — working alone at their jobs day after day, coming back that that child have the opportunity to say they do not to their offices only to fill out paperwork. Many of want to go into that environment because that these people had no support network behind them. I environment is not healthy for them. It is important that know for a fact that the minister has worked very hard they have the choice. on ensuring that all staff who work in the community services area have fantastic support behind them, and The bill also clarifies the standard of proof required in she continues to focus on improving that support child protection matters and makes certain technical network. I refer to community services staff not only in amendments. It extends the Children’s Court Melbourne but also across Victoria. It has been the jurisdiction, corrects anomalies in relation to minister’s intention to ensure support networks are enforcement of certain costs orders made by the court there to back up community services staff. and makes amendments throughout to allow certain functions assigned to the appropriate registrars to be I represent the electorate of Gembrook, which includes performed by other court personnel. This bill supports parts of the city of Casey and the shire of Cardinia, the work the coalition has been doing since coming to where significant issues have arisen regarding young government in 2010. In November 2010 there was a people. Earlier in this debate the member for Benalla change of government. Minister Wooldridge had some mentioned the organisations headspace and EdSpace. huge challenges to face. I do not want to make this a The mental health of young people is very important, so big political discussion, but it was a difficult situation we need to ensure that we do everything we can to she came into. There were a lot of things to be fixed in support them in dealing with their mental health issues. community services. The assessments were done via This government is doing so much in that space and the papers at the time, whether we liked it or not. within that field to improve mental health, to project a positive mental health message and to work within The first thing the Minister for Community Services schools to ensure that community services staff have focused on as minister was ensuring that she put appropriate training. processes and systems in place to protect our most vulnerable citizens. It is really important that we have The Victorian coalition government has invested those systems in place. We can have as many staff as $960 000 in specialist youth suicide prevention services we want, but if we do not have the systems in place, we in the Casey and Cardinia local government areas with will never have a successful process or program. Those the launch of the school support Casey-Cardinia staff members need something to refer back to. When community initiative, through which mental health we came to government we spoke to a lot of the workers from headspace will be able to work in community services staff, and we saw that the pressure 12 local schools. This is the first time such a program they were feeling was unbelievable — it was mounting has been implemented in the Casey and Cardinia areas. up. Prior to coming to government I worked in This initiative will mean that when unfortunate and Dandenong. tragic events occur, such as youth suicide — which has occurred recently in some of our schools — we have a Anyone who spoke to staff in the department at the network in place and a support system set up so that time learnt that they were taking on caseloads involving support workers come straight into that school and
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work directly with the teachers, one on one. By same time treating their safety and wellbeing as supporting teachers, who can be in positions of high paramount. stress after the suicide of a student in their class, this government is ensuring that teachers know they have Going to court is a very difficult situation and can be someone to fall back on. very stressful for people, including adults. Many people who have been to court several times still find it Often teachers struggle when a youth suicide occurs in stressful. As the member for Gembrook explained, their school community because they are expected to walking into a courtroom and seeing how it is set up get back into the classroom and continue the projects or can be intimidating. Many adults find the presence of a programs they are running. However, in the past many presiding judge or magistrate intimidating when they teachers in this position have not had a network in place walk in, so we can imagine what it might be like for a to support them. The education department had set up younger person, particularly a child or teenager who some systems, but I do not believe those systems were has been through some trauma. We must never forget adequate enough to assist staff so that they would be that by the time some of these young people reach the able to get back in the classroom, work with young court system many of them have been through things people and possibly identify other students who may be that we cannot even imagine or visualise. On the one vulnerable. Since coming to office the coalition hand some young people commit offences and need to government has ensured that these kinds of projects are go to court because of them. On the other hand many in place. We have also provided programs to help young people end up in court through no fault of their young people in transition and to assist children in the own but because of what has happened within their justice system. We have improved the standard of family or outside it, which may include trauma or education in the justice system, and we have invested in abuse. programs for young people who have mental health issues. The bill supports the work that we have already This legislation also provides that children can choose done. whether or not to attend court proceedings and that procedures will be explained to them at a level they can The Minister for Community Services, who is also the understand. The bill provides that child protection Minister for Mental Health, came to government workers will explain the whole procedure to children so knowing exactly the direction in which she wanted to that they feel comfortable and understand what is take mental health services in Victoria. It has taken time happening. If a child or young person does not wish to for that process to get under way, and it may take a go to court, then the bill provides that instructions can while longer to get gain momentum. Nobody will be given to a solicitor who will put forward a child’s create a perfect system, but the minister has improved views within the courtroom. the system in the two and a half years of this government. The changes made within the department The bill also provides for wide scope so that hearings and within community services are on target to achieve can be conducted in a less intimidating atmosphere. A our goals. We are about taking the issues off the front choice can be made by people involved in a hearing to page of the Herald Sun and creating programs and have the hearing conducted at a level that children are putting systems in place to support community services comfortable with. This already happens with adults in staff in their work every day. We need to help these cases where victims go to court to face people who people do the one thing that all members have come have committed offences against them. Many people into this place to do — that is, to support the most say how traumatic this can be. For people who have vulnerable in our community, particularly our most been the victims of a simple house robbery, going to vulnerable young people. I commend the bill to the court and seeing the offender, confronting them and house. listening to the evidence can be very stressful.
Mrs FYFFE (Evelyn) — I am pleased to rise to We can only imagine what it might be like for children speak on the Children, Youth and Families Amendment who have been the victims of a crime against the Bill 2013. The Children’s Court of Victoria was person. Some of these children will have been abused, established in 1906, and since then legislation in that so attending court can be very hard for them. One area has gone through many changes and many reform I am pleased the Attorney-General and the significant reviews and inquiries into child protection minister have introduced is that the bill provides for legislation and practice have occurred. The conciliation to be attempted in a less aggressive amendments in this bill are intended to improve the manner. The intention is that conciliation is the goal experience of children who attend court proceedings and that the tenor of the proceedings does not create and ensure that they understand procedures while at the further tension. This legislation will also minimise the
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number of times a young person will have to attend hours, a few days or a few weeks, and you are going to court. Child protection workers will work with children represent them and help them through an awfully and prepare them for the procedures they will traumatic situation. experience when attending a courtroom. I really admire every child protection worker. The Child protection workers have one of the most difficult minister has changed a great deal in the department to jobs in our society. They are charged with protecting ensure there are support networks for staff. I have spent young people who come to them in need of care and quite a bit of time with people working in mental health attention. My first occupation was working with through the work I have been doing with eating children under the age of five years who needed care disorders, and I am full of admiration for their and protection, some of whom had been traumatised. In determination to improve the lives of so many others in fact the first six years of my working life was spent in this very difficult field. the area of social welfare. I worked for three years with children under five years of age and after moving to Just going back to the bill, I have talked about making Australia I worked with teenagers at the former the court a more friendly place with conciliation so that Winlaton Youth Training Centre. children are spared the more distressing aspects of a standard courtroom. Greater efficiencies are being I come from a little village in England, and when I first introduced into the legal system surrounding came here I did not even know how to swear. I had not intervention orders to benefit victims. The reforms will worked with teenagers before, and it opened up a whole allow the court to hear an application for an new world for me — in many ways not a good intervention order amongst other court proceedings, world — when I learnt of what many of those young thus saving parents and children from attending girls had experienced, including 13, 14 and 15-year-old multiple hearings as well as freeing up valuable court girls who had been brought into care for protection. In time. those days everything was done with the best of intentions. We had punishment blocks, and remand The bill also clarifies the standard of evidence required centres and other measures that were deemed right for by the court — that is, on the balance of probabilities as young people. However, many of those young people opposed to the burden of proof being placed on the were in care through no fault of their own but because prosecution or applicant in the other courts, reflecting of what had been done to them by adults who were the unique and often difficult nature of these hearings supposedly protecting them. before the court. There are certain technical amendments to improve the efficiency of the court, and While they were in the training centre, social workers the bill extends the Children’s Court jurisdiction under worked extremely hard at trying to show these the Family Violence Protection Act 2008 and the teenagers another life and to help them realise that they Personal Safety Intervention Orders Act 2010 to allow did not have to work on the streets or steal to survive. the court to deal with all of these sorts of issues. Many excellent foster-parents took these young people into their homes. Despite many children running away, It is disappointing that for whatever reason the number many foster-parents would take them back time and of opposition speakers has been so limited. I believe again. We should do everything we can to lessen the there have been only three or maybe four speakers, trauma young people experience and to help understand because this is a really important piece of legislation that what is happening is not necessarily their fault. affecting young children. Last night I think we all had a Young people need to understand that they have not put little bit of fun enjoying speaking on the succession themselves in such a situation — other people have legislation. It was something we knew was going to go done that. Young people need to be informed about through, and it was supported by the whole house. The how to express what may have happened to them. member for Altona made an excellent speech on the succession legislation. I am not singling out the As I have said, child protection workers have the most member for Altona on this bill, but how much better it difficult job. With our own children we try to would have been if we had heard contributions from understand what they are thinking and what they say, opposition members on legislation that will improve and we all know how hard it can be for them, so we can things for the most vulnerable in our society, those who only imagine what it might be like for a child protection through no fault of their own have been brought into worker who may only have known a child for a few situations where they are before a court. It may have weeks or possibly a few months before that child has happened through family circumstances, through things been drawn to the attention of welfare services. Just that may have happened in the family, through imagine that you have only known a child for a few something that happened with people outside the family
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or has happened with groups of people they have got Vulnerable Children — Our Shared Responsibility involved with. directions paper. One of the recommendations of the paper was to make our legal system will child focused. We know that the majority of youth crime starts with The report of the Protecting Victoria’s Vulnerable people wanting to be liked. You want to belong to a Children Inquiry, which was tabled in Parliament in gang, you want to be part of it, and so much of it starts 2012, affirmed the role of the Children’s Court of as a bit of a lark and a person not quite understanding Victoria as a specialist jurisdiction that makes important what is behind it. These young people make up our decisions in relation to children and young people’s future society. We see much violence on our streets, safety. However, the inquiry also found a court and we know that family violence is often the creator of environment can add to the trauma, and that is that situation. We hear people say, ‘That’s okay. It is a something we are all aware of. Previous speakers have normal part of life to go and hit someone if you’re not talked about how foreign courts can be to many people happy or if you want something they have got’. We even adults, but certainly for children, and that is a need to minimise that, and this legislation will go some concern. of the way to making a difference. Hopefully it will help some of these young people to reach a better life In outlining her intentions, the Minister for Community than the one they have. You do not go to court unless Services said that children and young people are things have gone horribly wrong in your life. I required to physically attend court. Many of us have commend the bill to the house, and I commend the been at the front of a court and have seen, even before Attorney-General and the Minister for Community we got inside, how foreign the situation can be — that Services on introducing this legislation. is, sitting around in corridors, watching people go past and hearing the things that occur. The bill will bring Mr CRISP (Mildura) — I rise to support the Victoria more into line with other Australian Children, Youth and Families Amendment Bill 2013. jurisdictions. Child protection workers will explain to The bill is fairly extensive. Its purpose is to amend the children what is involved in attending court and what Children, Youth and Families Act 2005 to amend the has happened in order to lessen the impact of the requirements for the attendance of children at hearings experience. When children attend court, less adversarial in certain proceedings before the family division of the trial principles will apply, as was outlined by the Children’s Court of Victoria; to replace the term minister in her second-reading speech. The bill will ‘access’ with the term ‘contact’; to clarify the standard empower magistrates in the family division of the of proof that applies in child protection proceedings; to Children’s Court of Victoria to conduct matters provide further for the conduct of the proceedings in the according to less adversarial trial principles. It will also family division; to replace dispute resolution refresh the provisions in relation to alternative dispute conferences with consultation conferences in the family resolution in the Children’s Court of Victoria and division; to replace the term ‘safe custody’ with the modernise the language in the court. The bill will term ‘emergency care’; to provide further for certain clarify that children are not required to attend family breach proceedings; and to provide for the enforcement division matters unless they choose to, and clarifies the of costs orders made by the Children’s Court of standard of proof required in child protection matters. Victoria in proceedings in the family division or under the Family Violence Protection Act 2008 or the The bill also makes certain technical amendments to Personal Safety Intervention Act 2010. improve the operation and efficiency of the Children’s Court of Victoria criminal division. It extends the The bill also amends the Family Violence Protection jurisdiction of the court to allow the court to deal with Act to give the Children’s Court of Victoria jurisdiction adult-related intervention order applications where they over certain applications for family violence are related child protection proceedings on foot. The intervention orders if there are related child protection bill will also correct a number of anomalies. The mere proceedings; to amend the Personal Safety Intervention language is stressful for many people. The Protecting Orders Act 2010 to give the Children’s Court of Victoria’s Vulnerable Children Inquiry made a number Victoria jurisdiction over certain applications for of important recommendations. The inquiry worked personal safety intervention orders if there are related to through its recommendations, which have now been child protection proceedings; and to make necessary transformed into the bill that is before the house. The consequential amendments to other acts. It is a fairly recommendations include the modernisation of big body of legislation. outdated terms, clarifying of the standard of proof applying in the family division, providing that children The genesis of the legislation was the reforms are not obliged to attend court unless they choose to and announced in the document entitled Victoria’s providing that there should be less adversarial
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principles. A further recommendation supports the However, with those words I am happy to wish the bill court by updating court conciliation conference a speedy passage. provisions. Mr KATOS (South Barwon) — I am pleased to rise The minister has been proactive by taking into account to make a contribution in support of the Children, the inquiry’s recommendations and delivering change Youth and Families Amendment Bill 2013. As speakers in the way things are conducted. The inquiry found that on this side of the house have said — the majority of the environment of the Children’s Court of Victoria in speakers — it is disappointing that opposition members Melbourne adds to the trauma and harm experienced by have not made contributions to this debate. In the children and young people, and that has touched the government business program debate yesterday, heart of all the speakers on this side of the house. They members of the opposition made it very clear that they have talked about the greater understanding we all now did not support the program because thought it did not have of the fragility of a young person’s mental health provide an adequate amount of time for debating issues. and how a court experience can have a significant effect However, we now have a very important piece of on them. A stressful court hearing adds to the culture of legislation before the house in regard to improving mistrust, combativeness and disrespect between children’s justice and child protection matters, but parents, child protection practitioners and lawyers. It is opposition members do not want to stand up and make certainly not in the interests of most young people; that contributions on this. I cannot for the life of me has been well established. understand why. I am very disappointed. In particular I note that the member for Bellarine is in the house. As We know we have an increasing incidence of mental she was a Minister for Community Services, I invite her health issues in our community. We have heard to make a contribution on this. She would be well members talk about headspace and other organisations versed in and understand a lot of this. Perhaps when I doing good work in the community. However, I am of finish my contribution she could make a contribution. the school that a stitch in time saves nine. If we can avoid even a few people suffering mental stress, it is in The bill, the bill amends the Children, Youth and everybody’s interest to do so. Families Act 2005, the Family Violence Protection Act 2008 and the Personal Safety Intervention Orders Act We continuously see language change in our society. 2010. It seeks to improve the experience of children There is a need to replace old wording to remain and young people who are involved in child protection contemporary. It is a tribute to those who prepare our proceedings at the family division of the Children’s bills that those changes are being reflected in the Court. No family or child wants to experience such legislation to try to make it far easier for people to matters. As the member for Mildura said, when families understand the law. As was said earlier, the terms ‘safe break down or similar things occur, it is often bitter, custody’, ‘access’ and ‘dispute resolution conference’ unreasonable and emotive. No child wants to will be changed to make the language less adversarial experience that, but the reality is that some children will and keep our statute book contemporary. have to. I must admit I am pleased that I, my family, my children, my brothers and all of their children have Turning to the recommendation for less adversarial not had to experience such things. From my perspective trials, it almost seems like an oxymoron for most of us that is good, but as I said, unfortunately some children who have had anything to do with the legal system. It is and families will go through this. an adversarial system, so I think the important word here is ‘less’. That will be a welcome change to the The bill is basically about putting a less adversarial Children’s Court, in particular given that there is often a system in place to make that experience as amicable particular bitterness between parents involved in family and pleasant, if you like, as possible for the children law cases to do with children, and this can have an involved. It empowers the family division of the extremely long-lasting effect on children. Children’s Court to conduct proceedings in a less adversarial manner, as I said. It refreshes provisions in I wish our judges and others the best in interpreting and relation to alternative dispute resolution. It modernises delivering this law. These changes are extremely the language in the Children, Youth and Families Act important, as many members have said. It is 2005, because some of the language is itself adversarial bewildering that the opposition did not find anyone to in nature — and I will touch on this later. It clarifies contribute to this debate. It would have been useful to that children are not required to attend hearings of the have both sides of the house actively participating in the family division unless they choose to or a magistrate debate so that we could see Parliament work at its best. feels they need to be there, which will happen in certain circumstances. It clarifies the standard of proof required
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in child protection matters, makes technical The coalition government has been investing in matters amendments and corrects various anomalies. of child protection and family courts. The Minister for Community Services said earlier that there has been a The bill also delivers on this government’s commitment $650 million investment in child protection. We are to reform child protection. As the member for starting to win the battle on this issue. It has certainly Gembrook said earlier, during this government’s term not been front-page news for some time, and that is in office the best place for child protection to be is not probably a good thing. Most ministers would probably in the newspapers — not on the front page of the say they would like to be on the front page of the paper, Herald Sun or the Age — and that has certainly been but in these matters obviously you do not. the case. The Protecting Victoria’s Vulnerable Children Inquiry I commend the Minister for Community Services and recommended the adoption of the less adversarial trial the Attorney-General for going down this path and principles of the commonwealth Family Law Act 1975 introducing these reforms. This issue was a disaster at rather than continuing with the criminal adversarial times under the previous government. It was constantly system. The bill ensures that children are generally not in the news and in question time. I commend both required to attend the family division unless they ministers for going down this path and introducing choose to, and I think that is important. Even under the these reforms. Those reforms include making a more present system a lot of times children are not physically child-friendly legal system, strengthening the laws that in the court; they may be outside or they may be in protect children, continuing and expanding new other rooms. mechanisms for problem-solving and ensuring that court processes are tailored to the task at hand. The bill also provides for meetings to take place outside court buildings. For example, meetings for Melbourne A lot of the bill relates to the Protecting Victoria’s Magistrate’s Court hearings could be held elsewhere in Vulnerable Children Inquiry, which is otherwise known the CBD. This provision will also apply to regional as the Cummins inquiry. Several of its Victoria. There will be designated areas where recommendations have been taken up in this bill, either meetings can be held and a lot of the issues fleshed out in part or in full. For example, recommendation 43, without being in a courtroom. This is important because modernises outdated terms. ‘Safe custody’ is amended obviously the less time children are exposed to court to ‘emergency care’, ‘alternative dispute resolution’ proceedings the better. In the Magistrates Court, for becomes ‘conciliation conference’ and ‘access’ example, it is not only child protection matters that are becomes ‘contact’, which lessens the adversarial being discussed; sometimes there might be some quite language. unsavoury people in that environment. It is good that children have been given the opportunity not to have to Recommendation 49 is that the jurisdiction of the be in court. That is very important. Children’s Court be extended to hear adult-to-adult intervention orders where there is a child-related The coalition government is committed to improving protection proceeding on foot. Recommendation 53 is the system, and I am more than happy that we are going that children should not be obliged to attend the court down that path. Other initiatives include putting on an for child protection matters unless they choose to or the additional 89 front-line child protection workers. The court orders otherwise. There may be exceptional member for Broadmeadows would also be pleased circumstances where the court orders that that be the about the new Children’s Court facility planned for case; there are some very limited circumstances that Broadmeadows. Then there is the Springboard apply under the act. The overarching principle of this program, which helps young people transitioning from reform is to make the experience of the child and their care. These are some of the initiatives of the coalition parents less adversarial. government. I commend the bill to the house.
The bill clarifies the standard of proof in the family Mr NEWTON-BROWN (Prahran) — I also rise to division of the Children’s Court. Clause 10 of the bill support the Children, Youth and Families Amendment inserts into the principal act new section 215A, which Bill 2013. It is appropriate that the previous Minister states that the standard of proof of a fact in an for Community Services, the member for Bellarine, is application in the family division is the balance of in the chamber today. Since the coalition government probabilities. It also clarifies that no higher standard formed in November 2010 the current Minister for applies. That is clearly laid out. Community Services has slowly but surely been improving the situation left behind by the former minister.
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This is just one of a whole suite of bills and budgetary with it. Being new to the jurisdiction I was trying to capacity built by the coalition that address the work out how I could effectively connect with this shortcomings of the previous government and the young child, who was clearly not comfortable being previous minister. I note that the previous minister has there. Being inexperienced in dealing with a client as not spoken while she has been in the house, so I look young as he was, I let him play with my phone forward to a spirited defence of the criticisms I have thinking, ‘If that relaxes you, that’s fine — play with just made of the child protection and community my phone’. The interview concluded and we went to services regime under her watch. court. I cannot remember the result, but I do remember being woken up by my phone alarm at 3 o’clock the On this side of the house coalition members have been following morning. That is what he had been doing enthusiastic in their support of this bill. Indeed virtually while he was playing with my phone — setting my every backbencher has put their hand up to speak on it. alarm for an inconvenient time. I give him full points Government members want to speak on this bill for that. It certainly gave me a chuckle, despite being because of the importance of its content. It woken up very early in the morning. demonstrates the importance the coalition places on the protection of children and improving their situation, The new Children’s Court is a great improvement. Its particularly as they pass through the court system. It is physical environment is far better than that of the old disappointing that there have been just a handful of court down in Southbank, but it is still a very opposition speakers contributing to this important frightening place for young children. Often when they debate and offering their wholehearted support for the arrive there they are damaged. They are perhaps at war improvements to the system they left behind. I sincerely with one or both of their parents, their parents will be at hope that the former Minister for Community Services war with each other and there may be extended family and member for Bellarine will follow my contribution involved as well, so it is a pretty hostile place, and in and offer her support for these important reforms addition to the friction and tension within your own introduced to the house by the current Minister for family you have got that of the other families and other Community Services. kids waiting to go into court. It is not a very pleasant place to be, and it is a situation that you would hope This bill implements the important reforms that were you never end up in. announced in the directions paper, Victoria’s Vulnerable Children — Our Shared Responsibilities. It The Protecting Victoria’s Vulnerable Children Inquiry relates primarily to improving the manner in which affirmed the role of the Children’s Court as a specialist children are treated when they come into contact with jurisdiction that should be charged with making the the justice system. In my former life as a barrister I had experience of children and their families as some limited experience in the Children’s Court early non-confrontational as possible. The aim of the inquiry on in my career. I have great respect for those who was to make recommendations in relation to reducing specialise in Children’s Court work. It is a specialty not the trauma and harm experienced by vulnerable just in terms of the legislative regime around it but also children and young people and their families. because of how you must deal with your clients and the people around the children in the court process. It is a This bill means that children and young people are not real knack to be able to deal particularly with children required to physically attend the Children’s Court for and also with those parents whose children may be child protection proceedings if they do not wish to. That separately legally represented. It is a confronting place. is a significant step. It means that children who do not feel comfortable going into a court environment do not If I could digress for a moment to tell a funny story have to. Child protection workers will explain to these from the Children’s Court. There are not many funny kids what is involved in going to court and ascertain stories, but I certainly experienced one early on in my whether they want to attend. If the child does choose to career when I was attending the old Children’s Court in attend, the child protection workers will try to Southbank. This must have been well over a decade familiarise them with the court and talk them through ago. My client was a young kid who was about 10 or the process. If the child decides not to attend, there will 11. I cannot remember what he had done — it was be protection workers or delegated case managers who some sort of petty crime — and he was going through will continue to facilitate the child’s participation in the system. I interviewed him in one of the rooms in the decision making, making sure they are an active part in court building. the proceedings despite not physically being in the building. This change will really assist in making the I placed my phone on the table while I was talking to system children have to go through less adversarial. him, and he quickly picked it up and started playing
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The goal is to have a system modelled on the principles Mr WATT — Despite interjections from the other in the commonwealth Family Law Act 1975. side, I am actually trying to defend some on the other side who have not got up to speak, because I have heard The bill also empowers the family division to hear speaker after speaker from the government side get up intervention order matters involving adults where and make some comment — I do not think they were related child protection proceeding are on foot in the trying to go too hard — about being disappointed that family division. This will allow a single court to someone on the other side had not spoken. I do not oversee legal proceedings. So the bill will ensure want to trivialise it; I want to get away from that. My consistency, ensure that the contact children have to point is that it is not easy if you do know something have with courts is limited as much as possible and, in about this particular topic and it is not easy if you do addition, make a range of technical amendments and not, so I do not wish to cast aspersions on any person in clarify the standard of proof that is applicable in the this house — or, when the bill hopefully passes to the family division to be on the balance of probabilities. next house, in the other place — who does not speak. It is the right of every member to choose whether they In conclusion, this bill is just one of a whole suite of speak on a particular bill, and sometimes it is too initiatives the coalition government and the minister difficult to speak on a bill that you might actually know have introduced into this house over the course of the something about. last couple of years. In the last budget $336 million was set aside to assist vulnerable children and their families. The member for South Barwon, who spoke earlier, said That is a great credit to the coalition government and during his contribution — and it was a very good the minister. Key highlights of the reforms that are contribution — that this is not an area of which he has funded in the 2012–13 budget include the establishment personal knowledge. He said that it is not an area that of a new Children’s Court at Broadmeadows — and I any of his brothers or his kids — I think he said note the member for Broadmeadows is in the chamber brothers; I do not think he mentioned sisters, I do not and no doubt will rise to offer his support for that think he has sisters — would necessarily be affected by. important initiative on his patch. I just want to say that I think the member for South Barwon is very lucky because I think most people Child protection workforce reform is another area of would at least know somebody, whether or not it is a reform covered by the last budget. There will be more member of their family, who would be deeply affected front-line workers with improved skills and support to by this bill. I note that there are a number of members assist children through the court process. There is a in this house who are or could be affected by and have focus on placement, stability and therapy and on a great personal interest in this bill. connected services. The Commission for Children and Young People has been established. A lot of work has Child protection is not easy. I never have attacked and been going on and a lot of action has been taking place never will plan on attacking any particular person or on this side of the house in the just two and a half years party on this topic. I note that the former Minister for the coalition has been in government. Some significant Community Services, the member for Bellarine, is at steps have been taken to address the very serious the table and listening to this debate, and I thank her for shortcomings of the previous government in the area of being here. I do not think it is easy for any person to child protection. have to deal with this portfolio, and I acknowledge that it could not have been easy for the member when she Mr WATT (Burwood) — I rise to speak on the was the minister. Members will never hear me Children, Youth and Families Amendment Bill 2013. I trivialising this particular topic or having a go at any want to make a few comments in response to some member or minister for any work they do in this area. members who have spoken on this bill. One of the most difficult things to do in this place is to get up and speak I certainly do not come into this house and think about on a bill that you have no knowledge of. not helping people who need help — children or adults regardless. Nobody comes in here and says, ‘I want to Mr McGuire interjected. make the life of a particular constituent a misery’. Mr WATT — What is even more difficult is to get Nobody comes in here and says, ‘I don’t want to help up and speak on a bill such as this that you do have my constituents’. This bill is about children, particularly some knowledge of. That is probably the most difficult their interactions with the courts, and I think every thing you could do here. person in this place would want to make it as easy as possible for people who are going through what is for An honourable member interjected. some a living hell. Whether they are dealing with abuse, separation or something else, it is never going to
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be easy for members of the public to deal with that and talking about criminal offences and we are talking it is never going to be easy for us. about kids who are potentially being abused. We may never be able to prove that abuse to the point where the I note that some of the other members who contributed offender is punished, but neither should we punish the to the debate talked about the fact that this particular children because we cannot prove it. That is why we issue is off the front page of the papers. I am glad that need to make it clear in this place that in child that is the case; we do not want child abuse to be on the protection cases we need to do what we can do to make front page of the papers. But frankly we also do not sure we keep child protection off the front page of the want child abuse to be hidden. If it is happening, we paper. need to make sure we deal with it, and I am sure that is not easy for child protection workers. As I said, it is not easy to get up to speak on something that you do not know about, but it is a lot more difficult This bill allows for a less adversarial court process for to get up to speak on an issue like this when you do kids. We all know that children do not necessarily know about it. Specifically I pay tribute to the Minister process things in the same way as adults. We know that for Community Services for all the work she is doing, adults themselves do not like courts, because courts are but in a spirit of bipartisanship I also want to not a pretty place to be. Courts are not nice places acknowledge the previous minister. I do not take any sometimes, and if we can find a way to bring about delight in the fact that people have a go at any minister justice which means that children do not have to deal with this portfolio because it is not easy. with the crap that goes on in courts, then I am all for that. We need to be careful when we are dealing with Mr BULL (Gippsland East) — I too rise to make a kids that we protect them, and we need to be careful contribution to debate on the Children, Youth and that everybody involved in the process is protected. Families Amendment Bill 2013. This is a bill that when implemented will make a lot of difference to children Part of this bill clarifies the fact that when we talk about and families. As we have heard from previous speakers child protection we are not talking about proving on this topic, the new legislation will help to reduce the something beyond reasonable doubt. I am sure that it stress and trauma on vulnerable children and promote would be very difficult for parents to go through some better outcomes for proceedings in the family division of the crap they go through when they are being of the Children’s Court of Victoria. The welfare of accused of things that no-one should ever be accused children and the impact of reforms on children must be of, but sometimes you cannot prove something beyond of paramount importance in all aspects of society. reasonable doubt. That is difficult because if you are an uncle, a cousin, a grandparent or even a next-door I will provide some detail on what this will mean on the neighbour and you see things happen, you wonder ground. The provisions introduce less adversarial trial whether or not it can be proved beyond reasonable principles modelled on those in the commonwealth doubt. Then you say, ‘Hang on, the kid shouldn’t be in Family Law Act 1975. These changes will strengthen that house’. Kids do need to be protected, and yes, it is the ability of the Children’s Court to use less formal unfortunate for parents sometimes. It might not even be court proceedings and encourage respectful the parents who are at fault; there might be another communication between parties, thereby reducing stress adult involved, and it is unfortunate that aspersions and confusion for children. I will make more comments might be cast, but we need to protect the kids. We need on that a little bit later. This legislation will also ensure to recognise that sometimes life is unfair. Sometimes it that children are generally not required to attend family is unfair, but I would rather be unfair to an adult who division hearings unless they choose to or are required hopefully will be able to process and deal with the issue to by the court in special circumstances. Currently than be unfair to a young kid who cannot really process children as young as five can be required to attend court or understand the situation and should not really have to for child protection proceedings. When you think about deal with it. the reality of that you realise that it would be a daunting experience. Certainly it would be not only very As I said, sometimes life is not fair; sometimes confusing but also very frightening. This bill will also allegations can never be proven beyond reasonable clarify that the standard of proof required in child doubt. But on the balance of probabilities we need to protection is on the balance of probabilities and does act and we need to do something. Sometimes that is the not restrict the court’s assessment of the likelihood of case. I know there is a difference between proving future risks. The member for Burwood made some very something on the balance of probabilities and proving important and pertinent points on that matter. something beyond reasonable doubt. In child protection cases we are generally talking about criminality, we are
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The Protecting Victoria’s Vulnerable Children Inquiry The amendments made by this bill are a further report tabled in Parliament in 2012 clarified the role of significant step in reforming the protection of Victoria’s the Children’s Court as a jurisdiction that makes vulnerable children. They will improve the experience important decisions in relation to children and in of children involved in child protection proceedings and relation to the safety of young people. We are all well support the courts in making these proceedings far less aware of that fact. The inquiry also found that a court confrontational. With those steps in place the bill will environment can be a very traumatic and is often a assist to achieve outcomes that will clearly be not only harmful experience. There are many instances of cases in the best interests of the child but perhaps in the best where vulnerable children do not cope that well. I have interests of the extended family or persons who are heard of many cases where a court hearing has been a involved in the scenario. Having coached junior sport very traumatic and daunting experience for adults, let for 15 years and been involved with kids from the alone children at a vulnerable age in their life. I do not under-8s through to the under-15s in football, cricket think anybody would argue or disagree with that and the like, I have seen the impact of family break-ups proposition, particularly in relation to family division and family conflict and how that plays out in the wider matters and the like. life of children. In many cases those children withdraw from society, withdraw from their interests, become Currently children and young people are required to less involved and basically have a gloomier outlook on physically attend the Children’s Court for child life. Those break-ups and conflicts affect their protection proceedings. If you think about how that friendships and their entire wellbeing. plays out in reality — the circumstances that may have led to that court case and the difficulties that these Prior to being elected to Parliament I spent eight years young people have been put through — you realise that working with the Australian Sports Commission on a society generally needs to be very sensitive to those junior sports program that was often targeted at kids needs and issues. We need to minimise the court who were going through tough periods in their lives, experience as much as we possibly can in relation to it whether there were family-related problems or other being a difficult experience for those kids. reasons for that. However, the program was about trying to get those kids, to a certain degree, back on Under this legislation child protection workers will be track, give them an interest in their lives, give them able to explain to children what is involved in attending some focus in their lives and put good role models in court; ascertain whether they wish to attend, which is their lives. Often those children had been impacted by very important; and if they choose to attend, they can family violence and difficult family situations. Also, I step the children through what they are likely to expect have a number of friends my age who can reflect back or experience and what will occur on that day when that on difficult periods in their own lives. scenario arrives. When the child chooses not to attend, child protection workers or delegated case managers This is a very common-sense bill. It will make a can continue to oversee and facilitate the child’s significant difference on the ground, and it will produce participation in any decision-making arrangements that far better outcomes for children. I commend it to the are put in place. Arrangements will be made for the trial house. and instructions given to a lawyer out of the environment of the court building, where it is obviously Mr GIDLEY (Mount Waverley) — It gives me going to be much easier for child protection workers or great pleasure to rise this afternoon to support the case managers to be able to do that. Children, Youth and Families Amendment Bill 2013. The focus of my contribution today is indeed the focus Where children do attend the court the basis of this of the bill, and that is that the interests of children are legislation is to make the process they have to go paramount. The interests of children are never simple, through much more palatable to lead to a less because there are always relationships involved with adversarial trial. These principles will strengthen the them, but the interests of children must come first and ability of the Children’s Court to use far less formal the interests of children are straightforward. As I said, proceedings and will encourage what is best described they are not easy but they are straightforward. The as respectful communications between the parties reason the interests of children must remain paramount involved. This has really got to have a beneficial impact in what we do, whether it is in child protection or on the children involved in these scenarios. These are otherwise, is that a person’s childhood has a great effect often very unfortunate circumstances or situations, and on their progression through life. clearly there is always a level of trauma associated with such scenarios when they arrive at court. I note a report that was recently published in the United Kingdom. It came out of a joint venture between the
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Liverpool John Moores University and the National this minister in conducting this inquiry and acting to Health Service. The report looked at a range of implement these reforms regardless of the broad experiences for children, including the effects of feedback is without exception — it has been first class adverse childhood experiences. There are a couple of in a very difficult area. quotes that stood out for me, and I want to mention them. They highlight the paramount importance of I know that there are a number of other speakers who children in the work of government in community want to make a contribution, so I will conclude my services or other areas. Professor Mark Bellis, the lead contribution with that same principle — that the author of the report, said: interests of children must always come first.
If we, as a society, can get the early years right for children, Ms RYALL (Mitcham) — I rise to speak on the then we can have a positive effect on practically every aspect Children, Youth and Families Amendment Bill 2013. of their later lives. The commitments the government made in the If we can understand why problems occur, we stand a better Victoria’s Vulnerable Children — Our Shared chance of preventing them happening in the first place. Responsibility directions paper include making our legal system more child friendly, strengthening the laws Those two quotes stand out for me because they very that protect children, continuing and expanding new much highlight and reinforce the fact that the interests mechanisms for problem-solving and making sure that of children must come first. The interests of children court processes are specific to the task. This bill is are never easy, but they must come first. I note that an about delivering on the commitments that came out of aim of this bill is to ensure that children who attend the directions paper and strategy. I want to take this matters in the family division of the Children’s Court opportunity to extend my appreciation to the Minister encounter a less adversarial approach and that the court for Community Services for her tenacity and her takes into account the interests of children. There are a determination to reform child protection and to make couple of areas of the bill based on this value. real inroads in the family violence and child protection area and for the discussion paper and the strategy as a The bill will empower magistrates of the family response to that. division, child protection, of the Children’s Court to conduct matters according to less adversarial trial I want to speak to the issue of family violence. Last principles. Other speakers have gone into further detail week I organised a family violence forum for as to what that means. There are some technical community leaders. There were almost 200 community amendments to refresh provisions and modernise leaders at that event, including leaders from sporting language. The bill also clarifies that children are not clubs, churches, religious organisations, multicultural required to attend family division matters unless they groups, schools, community interest groups and service choose to. That takes into account the interests of organisations. A key theme of the event originated from children, the effect on children in those situations and my finding, in talking to representatives of one large the consequences for them later on in life. It is about organisation, that those representatives knew of a putting that value into action. family, in which there were children, who they thought might be experiencing family violence. They were The bill makes other technical amendments to improve unsure whether what they were doing about it was right the operational efficiency of the criminal division of the or wrong, and they had no knowledge of what services Children’s Court and extends the jurisdiction of the might be available to them. I found this a common Children’s Court in some areas. It corrects anomalies in theme as I asked people in different organisations, no relation to the enforcement of certain costs orders made matter what type of organisation, what was the by the Children’s Court and makes other amendments. prevalence in their area of violence against women or Other speakers have talked in greater detail about those family violence and other such pertinent questions. specific provisions, but in addition to that guiding Joining me in hosting this forum were the member for principle the bill follows the Protecting Victoria’s Bayswater, the member for Forest Hill, the member for Vulnerable Children Inquiry. Whilst my constituents Doncaster, the member for Box Hill and the member have provided different feedback on that inquiry, the for Warrandyte. The Chief Commissioner of Police, consistent feedback I have received is that there is no Ken Lay, was there and spoke. The Minister for argument: if there are worthy recommendations to Community Services spoke. We had speakers on men’s come out of an analysis of child protection and how we behaviour change, on crisis management and on can better protect children, the Parliament and migrant families and stress. The statistics were government should act on them. The track record of alarming: one woman is killed in Australia each week
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as a result of violence against women. When you start outcomes. It encourages respectful communications, to consider the impact of this, you start to consider and there are a whole range of things that are going to children being involved and you comprehend the sheer make it just that little bit easier for children when they vulnerability of children in a circumstance they do not are involved in the process of going through the courts. want to be in and did not choose to be in — and in many instances women, or men, have not chosen to be The jurisdiction of the Children’s Court is extended by in a situation where there is violence or where there is the amendments to the Family Violence Protection Act that sort of impact. 2008 and the Personal Safety Intervention Orders Act 2010 to allow courts to issue intervention orders in One thing I found from this forum was that essentially relation to child protection where the issue is not if we can make significant inroads with our community actually on foot in the court. The amendments made by leaders, who can then take back to their community the bill are in response to recommendations primarily organisations the message and understanding of what to from the Report of the Protecting Victoria’s Vulnerable do, what not to do and what services are available, then Children Inquiry, which highlighted that court we can start to make inroads directly into our proceedings can unintentionally add quite extensively community. We can start to impact the issue of to the hurt, trauma and pain that has already been violence against women and the issue of family experienced by a child who has been caught up in the violence, and we can also make sure that we start to legal system. The primary goal, of course, is to improve reduce the impact on our most precious children — our that experience. The measures build on a previous vulnerable children. reform of this government.
I am aware that others wish to speak on this bill, so I My personal experience in this area is that after commend the minister and commend the bill to the obtaining my law degree I also studied to take on house. alternative dispute resolution so that I would be prepared to be able to deal with what can unfortunately Mr BURGESS (Hastings) — I thank members who be a reasonably large cohort of both perpetrators and spoke before me for giving me the opportunity to make victims. It is really important that we get this right some brief comments. This bill relates mainly to the because not only do the courts have a role in protecting jurisdiction of the family division of the Children’s children in the legal system but lawyers, as officers of Court. It focuses very clearly on the interests of the the court, also have a duty to protect children — the child, and that is obviously a very important thing. It most vulnerable in our community — when they are will make the trial processes less adversarial. There will involved in the court system. I commend the bill to the be a focus on alternative dispute resolution, the house. simplification of language and a reduced number of instances where children have to attend court. We have Debate adjourned on motion of Mr WELLS heard that currently children as young as five years old (Minister for Police and Emergency Services). are being required to attend court. The bill also clarifies the situation about the standard of proof that operates, Debate adjourned until later this day. which will be brought to the level of the balance of probabilities, which is very appropriate in these Sitting suspended 6.29 p.m. until 8.01 p.m. circumstances. OPEN COURTS BILL 2013 These laws have been developed cooperatively between the Attorney-General and the Minister for Community Second reading Services, and it is really good to have a minister and an Debate resumed from 27 June; motion of Attorney-General who put the rights and best interests Mr CLARK (Attorney-General). of children at the very top of the priority list. This government already has a good record on protecting Government amendments circulated by children, particularly within the legal system. The aim Mr CLARK (Attorney-General) under standing of the bill is to take the pressure off children while they orders. are going through the legal system, to promote better outcomes and to achieve justice at the same time. The Mr PAKULA (Lyndhurst) — It gives me pleasure less adversarial trial procedure is based on the to rise to speak on the Open Courts Bill 2013 and to commonwealth Family Law Act 1975, and the bill will indicate that the opposition will not be opposing the strengthen the ability of the Children’s Court to reduce bill. formality, stress and trauma, which will improve
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Mr Weller interjected. The bill does enshrine the right of the media to appear and be heard when the media wants to argue against a Mr PAKULA — I am glad that that declaration suppression order. That is not to say that currently the draws approval from the member for Rodney. We have media is barred from attending or from being heard; always supported the common-law principles of open however, the bill enshrines that right. It has been the justice. We certainly have always been great supporters case and a matter of some consternation for politicians of freedom of the press. We were strong advocates of and for the media as well that in certain circumstances shield law reform and remain so, despite the fact that in suppression orders have been too broad and too regard to shield laws the government provided an indeterminate in their scope, and in some circumstances exemption for the Independent Broad-based that has distressed victims of crime and their families, Anti-corruption Commission Committee and for the so it is appropriate that suppression orders be limited to Ombudsman, which we in the opposition made clear the circumstances and durations in which they are we did not support at the time. necessary — that is, necessary in the circumstances rather than being open ended. What this bill effectively does is, frankly, not a great deal. It creates some new presumptions, but even the The fact is that this bill will not really do a great deal in Attorney-General himself makes clear that there will be terms of changing by itself the behaviour of the courts the need for a monitoring of the situation as a in regard to the granting of suppression orders. There consequence of the changes that are brought forward in has been a little misunderstanding in some outlets about this legislation to see whether the behaviour of the exactly what this law will do. For example, on 26 June courts in fact changes at all. That is an implicit Australian Associated Press (AAP) reported: recognition that the behaviour and outcomes may not change. Under the changes, suppression orders that ban publishing details from court proceedings must not be open ended and The bill sets out the grounds on which a suppression have an expiry date within five years. order can be made, and in making these comments I am I do not know whether AAP was encouraged to report mindful of the fact that some of this might be somewhat in that way, but it is in fact not the case. It is clear from different as a consequence of the house amendments the legislation itself and also from the second-reading that have been circulated by the Attorney-General just speech that this sense that the bill requires that now and which were provided to the opposition at the suppression orders only be for a maximum of five years commencement of question time today. I can indicate is not the case. What the minister’s second-reading to the house that I have had a conversation with the speech makes clear is this: minister’s office which has given me some appreciation of the nature of those amendments, and I will come to A court or tribunal may only make an order for a fixed or those presently. ascertainable period, or until the occurrence of a specified future event. If there is a possibility that the future event will As it was originally introduced, the bill was about a not occur, the order also must contain an expiry period that cannot be longer than five years. couple of things. It was about creating a presumption against the granting of a suppression order, and it was That five-year limit that some seem to believe is the about setting out some grounds on which a suppression new standard as a result of this legislation is in fact only order could be made: a requirement that the court has to for limited circumstances where there is a defined event be satisfied that the order is necessary to prevent that may or may not occur. For example, it does not prejudice to the proper administration of justice or to prevent the court from suppressing information for the national or international security, to protect the safety of term of someone’s life, because, medical advances a person, to avoid undue distress or embarrassment to a aside, there is no doubt about whether the termination party or a witness in criminal proceedings involving a of that life will occur. sexual offence or family violence or to avoid causing undue distress or embarrassment to a child who is a It is also important to note from the minister’s own witness in any criminal proceeding. The bill effectively media releases and second-reading speech that there is operates as a consolidation of the existing grounds — it no certainty that the way the law has been applied in the acts as an enumeration and stating of those grounds — past will necessarily change as a consequence of the because of course in the vast majority of circumstances passage of this bill. The minister makes clear in his they are the tests or considerations that the court applies public pronouncements that the government will when considering whether or not to grant a suppression monitor the application of this law and will make order. further changes if necessary. That begs the question: why would the government determine to make a
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change to the law which by its own concession will not Mr PAKULA — The minister at the table says, ‘I necessarily change the behaviour of the courts? If the thought you were agreeing with us on this one’, and I government was serious about changing the way that indicate to her that there is nothing inconsistent about suppression orders are dealt with by the court, one saying on the one hand that we do not oppose the bill could imagine any number of ways where the and saying on the other hand that it is not ideal to have requirements could be stricter than those which have house amendments — 30 of them — foisted on us on been provided by this law. the day the bill is to be debated. One is about the content of the bill, and the other is about process. It seems that the Attorney-General and the government are already conditioning the community for the failure I say to you, Acting Speaker, and to the minister at the of this legislation, because rather than creating a table that it is yet again an example of what happens situation where the limits about the duration and when you legislate by page 1. This government was so circumstances are strict, effectively the government has determined to get a page 1 splash that it did not bother maintained an open-ended situation, having to make sure its legislation was right before it was nevertheless provided some more guidance for the introduced. This is not the first time this courts. That is really all that this bill does. It provides Attorney-General has provided us with house the court with some more guidance. It provides the amendments on the day a bill is to be debated. In other court with some more circumstances that it needs to cases he has had to come back with new legislation consider, but it does not necessitate a change of only months after the original legislation was debated behaviour. Really you have a situation where once and passed to rectify mistakes as a consequence of again the bark is worse than the bite. shoddy and rushed drafting and legislating by media release, and that is what has happened in this Just today we have seen some 30 house amendments circumstance. introduced by the Attorney-General, many of which I concede appear to be consequential and renumbering, Time and again we have seen that when it comes to this but some substantive house amendments are government’s tough-on-crime agenda and when it incorporated in there as well. I have been advised by comes to its victims-first mantra, it is all about talk the minister’s acting chief of staff that the purposes of rather than action. We have seen bill after bill come into the house amendments are to do the following: firstly, this place that has granted the government a good front to clarify the circumstances where a court can make a page lead with a page 3 top-up, but when you drill suppression order where necessary to prevent prejudice down into the bill it changes nary a thing. It is about to the proper administration of justice; secondly, to giving the courts a bit more guidance and a bit more create a new requirement for a person who applies for a comprehension about the government’s intentions, but suppression order to generally give three business days it is rarely about changing anything in practice. You advance notice of that application to other parties and to only have to look at the mandatory minimum the court or tribunal, and for media organisations to be sentencing regime to understand that approach. This is notified of such applications; thirdly, to clarify that only a bill with gaps which anyone could drive a truck a complainant — and they are usually victims — and through and which will change nothing about the way witnesses, not including the accused, can seek a courts sentence in practice. By the government’s own suppression order on the grounds of undue distress or admission this bill might need rectifying later on. It embarrassment, rather than any party to a criminal might need monitoring, and it might need the proceeding involving a sexual offence or family government to come back to the Parliament and violence; and fourthly, to provide greater guidance on legislate again just in case nothing changes, and it is when an offence involves family violence in practice. very likely that nothing will change.
At the outset I say I am grateful to the Attorney-General Just today we saw in the Victorian Auditor-General’s for providing me with these amendments at 2.00 p.m. report on the asset confiscation scheme how much this today, and I am equally grateful to his acting chief of government has become about talk rather than action. It staff for providing me with his explanation at has been in power for three years — — approximately 3.25 p.m. However, for the benefit of the house, I note it is hardly an ideal situation to have house Mr Clark interjected. amendments imposed on the opposition some 6 hours before debate. Mr PAKULA — I say to the Attorney-General that the government has had three years. It did not take Ms Victoria — I thought you were agreeing with us office last week, last month or even last year; it took on this one. office three years ago. I ask the Attorney-General, and I
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ask the Minister for the Arts, who is at the table: when and his media release make that clear. The minister will this government start taking responsibility for does not expect major change to result from the passage running the state? When will the government stop of the bill. Yes, it will provide the courts with some pointing back in time and saying, ‘It wasn’t me, it was greater guidance and will potentially lead to dolly’? Today we have had a verdict on three years of suppression orders that might be short in duration. In mismanagement of the asset confiscation scheme, and fact it might lead to a situation where there are fewer the Attorney-General still sits here and says, ‘Well, it suppression orders than have been granted in the past, was your fault’. It the same thing the government says but then again it might not, and that is the possibility the about everything. Attorney-General has conceded.
My recollection is that in November 2010 the member If the Attorney-General were fair dinkum about this, he for Hawthorn, who was to become the Premier, and the would not be monitoring the situation as a consequence rest of his proposed frontbench team went to the of the passage of the bill and potentially coming back to electorate and told it that they wanted to govern the change it; he would get it right the first time. But state, to build the future and fix the problems. All we instead, we have already had the first attempt, we have have heard in three years is excuses. the second attempt today with house amendments being circulated as a consequence of the rushed and botched I wonder if the Attorney-General is also going to say nature of the introduction of this legislation and we that it is the former government’s fault that the crime have a second-reading speech which makes it perfectly rate has reached unprecedented levels in the last clear that the minister expects to have to come back 12 months despite the fact that for a decade Victoria here again because probably nothing will change. had a falling crime rate. That is the reality of the government’s tough-on-crime agenda — an Having said that, there are some things in the bill that Auditor-General’s report that puts to shame the asset may just make a difference, and on that basis the confiscation scheme and that puts to shame the opposition reiterates its point that it will not be Department of Treasury and Finance and the opposing the bill and supports its speedy passage. Department of Premier and Cabinet about the way they handle freedom of information. We have a crime rate Mr NEWTON-BROWN (Prahran) — It is curious that is going through the roof and a bunch of legislation that the shadow Attorney-General, the member for that might on the surface be attractive and might give Lyndhurst, should spend most of his contribution the courts more guidance and reinforce the way they running down the bill and stating that the reforms are have been doing things for years but which in practical really not that significant. Yet he complains that he has terms makes no real difference. had just 5 hours to read the amendments to what he claims to be an insignificant bill. Let us have a look at There are some parts of the legislation that ought to the house amendments, and for the benefit of Hansard I give some judges who might be inclined to make have in front of me the amendments which have been open-ended broad suppression orders some pause for distributed. They amount to nearly three full pages, so thought, and to that extent we welcome the bill and will the shadow Attorney-General has had just over 5 hours not be voting against it. But let no-one from the to digest nearly three full pages. As I said, it is government get up during this debate and try to pretend somewhat curious that he should criticise the bill and that this is groundbreaking legislation, in the same way the amendments on that basis. that the shield laws were not groundbreaking and the minimum sentencing laws were not groundbreaking The shadow Attorney-General was also critical of what and in the same way that the parole changes have not the coalition government has done in relation to law been groundbreaking legislation. In most circumstances reform. He suggested that the coalition has not been that legislation has asked the courts to keep doing what groundbreaking in many areas and that there have not they have been doing for years with a little bit more really been any major issues that have needed reform. guidance and a little bit more of an idea about what the The suppression orders issue is significant, and the Attorney-General or the Minister for Corrections would orders are in need of serious reform. I refer the house to like to have them do. a report from the OpenAustralia Foundation’s Right to Know initiative, which reported that there were But in most circumstances, in terms of requiring and 600 suppression orders made between 2006 and implementing behavioural change and seeing a mid-2008. As the house is well aware, that was smack different outcome for victims of crime or media outlets in the middle of the last Labor rule in this state. During or the like, these laws will make precious little that period there were 600 suppression made orders in difference, and the minister’s second-reading speech Victoria yet just 54 in New South Wales. If that is not
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clear evidence of a system in need of reform, I do not Non-publication should never be a first resort and should only know what is. be a last resort.
I have some sympathy for the shadow He also said: Attorney-General, because it was on the watch of the Ultimately the community has a right to know the substance former Attorney-General that this situation arose. He of proceedings in these matters. has now retreated to his academic ivory tower, and the poor old shadow Attorney-General, who has just He said that in some cases, even when the subject of a arrived in this place, is doing the best he can, so I have suppression order has died and the identity of the some sympathy for him. person is well known to police, lawyers and journalists, the suppression order can survive. The rationale in In April 2011 Tony Mokbel pleaded guilty to favour of suppression orders, he said, is founded mainly trafficking large quantities of methamphetamine and on a lack of understanding of the integrity and ecstasy. When he decided to plead guilty to these discipline of the jury system. He said we should have charges, more than 25 suppression orders were lifted. It more faith in our jury system and that in his experience was these orders that kept this high-profile case out of juries are well capable of acting solely on the evidence the media for years and prevented Victorian viewers presented to a court, ignoring, as directed by the from watching the full version of an Underbelly series. presiding judge, the extraneous facts that arise in the In total over 40 suppression orders were granted in media. relation to Tony Mokbel. Around this time the media law partner at Minter In the civil sphere, the Australian Financial Review Ellison, David Poulton, said that the courts had tipped asked businessman Nathan Tinkler for a comment in the balance against open justice, given the proliferation relation to a $700 million loan in 2012. His response of suppression orders. He said: was to seek a suppression order. The Victorian We seem to have a judiciary in Victoria generally that is Supreme Court gave him a suppression order, which rightly or wrongly suspicious of the media and believes that restrained the publication of the story and the reporting these orders are appropriate and necessary to protect fair of the existence of the injunction itself. The Australian trials. Financial Review editorial noted at the time: This is significant reform which is necessary to Injunctions preventing the media from reporting the identities strengthen Victoria’s justice system, and it is another of businessmen or the details of purely commercial disputes plank the Attorney-General is putting into place to are spread around like confetti. improve Victoria’s legal system. The Attorney-General … That the courts and their workings are open to public said: scrutiny is a foundation stone of a free, secular, democratic society, and it shouldn’t be messed with so easily. Open justice demonstrates publicly that laws are being applied and enforced fairly and effectively. Unless there is Over the years Victoria has developed a reputation for good reason to the contrary, the community is entitled to being the suppression order capital of Australia. This know what is being said in court where there are allegations that the conduct of an individual or organisation is in breach happened under the watch of the Labor government, of the law. including the Labor Attorney-General. Courts in Victoria have granted more suppression orders than Restrictions on publishing information before the courts those of any other state. Clearly something has gone should only be imposed where there is a very good reason and should be limited to a clear and specific purpose. wrong and reform is required. That is what this Open Courts Bill 2103 will do. Contrary to what was suggested in the shadow Attorney-General’s contribution, there will be Suppression orders have been misused by prominent significant change and tightening of suppression orders. identities. Some would argue that they are not viable in Key features of this bill include that suppression orders the age of the internet. They are not always effective, can only be made in specific, limited circumstances with social media quickly disseminating rumours and where there is a strong and valid reason for doing so. facts. Some also say suppression orders are overused or There has to be sufficient credible information to form incompatible with the ideal of an open justice system, the basis on which a suppression order is made. The which should be the cornerstone of a liberal democratic type of information must be specified in the order, and state. the order must not go further than is necessary to achieve the desired end. In 2010 former Supreme Court judge Philip Cummins addressed the Melbourne Press Club. He said:
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Significantly, the orders must be restricted in their party’s love of law reform is no better evidenced duration. No longer will orders be able to be made, be than — — forgotten about and be there forevermore. They must be fixed for an ascertainable period or until the occurrence The ACTING SPEAKER (Mr Morris) — Order! of a specified future event. If there is a possibility that The member for Brunswick will address her remarks that future event will not eventuate, the order must also through the Chair. contain an expiry date. That expiry date must be no longer than five years. Ms GARRETT — Through the Chair, evidence of the member for Prahran’s love of law reform and the Generally orders restricting the reporting of court government’s love of law reform is no better evidenced proceedings can only be made where it is necessary to than by the government’s abolition of the Law Reform prevent prejudice to the proper administration of Committee, of which the member for Prahran was the justice, prevent prejudice to national or international chair and I was the deputy chair, and its comprehensive security, protect the safety of any person, avoid undue rejection of the committee’s most recent report, in distress or embarrassment to a party or witness in which committee members unanimously recommended criminal proceedings involving a sexual offence or changes to legislation affecting access by family violence or avoid undue distress or donor-conceived people to information — gone! embarrassment to a child who is a witness in a criminal proceeding. There was also the replacement of a full-time law reform commissioner with a part-time position. This The bill does not alter the principle that matters that government goes on and on with its passion for law might prejudice a fair trial should not be reported in the reform, so I pay tribute to the former chair of this media. It does, however, set out very clear guidelines Parliament’s Law Reform Committee, which is a such that the making of orders to suppress the perfect and wonderful segue — I think it is important to publication of matters can only be made in very limited use the term ‘segue’ — into talking about this piece of circumstances. This is a model that was developed legislation. Once again this government is serving up under the Standing Committee of Attorneys-General. I smoke and mirrors. It is serving up a piece of lasagne am running out of time to go through the that has got a little bit old, which government members recommendations, but in essence the Standing said was going to be piping hot out of the oven. Committee of Attorneys-General came up with a model that it wanted the states to enact. The Victorian Members of this government came to power having Attorney-General adopted almost all of those made a number of promises. Currently we are all recommendations, but significantly he did not adopt the flooded with coverage of the federal election campaign. We have all seen the blue wash behind Tony Abbott recommendation in relation to the public interest test. He believed that definition went too far, and he wanted and heard the references to a covenant with the people, to confine it. the six points of the contract and the pillars — the five pillars, the four pillars, the seven pillars. They love their The federal government has followed suit. It will be pillars! Anyway, Tony Abbott has five ‘pillows’, and interesting to see whether other state Attorneys-General they are a lovely hue of blue! follow the lead of the Victorian Attorney-General in this considered response to the problem of the I remember — we all remember — the statement, ‘Fix proliferation of suppression orders. the problems. Build the future’. Who was the Premier then? Ted Baillieu was elected on the five pillars, and In conclusion, this bill does not prohibit suppression those opposite were saying, ‘We’re going to be hard, orders. It does not override the court’s scope to manage and we’re going to be tough on law and order. It’s proceedings to protect people who are vulnerable. It going to look very blue, and when we’re tough on law clearly articulates a presumption of open access and and order it will be indigo blue’. Those opposite provides a coherent framework for and guidance to all promised all of this, and then the member for Prahran involved. stands up to speak on this bill and with no shame says that under Labor the situation with suppression orders Ms GARRETT (Brunswick) — It is always a great was terrible. pleasure to rise to speak after the member for Prahran. I know how much the member loves law reform. You Members of the government said they were going to mentioned law reform in your riveting contribution talk about cases where suppression orders had been which we all listened to in absolute silence. I thought it applied and analyse those cases, and that this bill would was inspirational. Your love of law reform and your change things. Very interestingly the member for
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Prahran did not mention the fact that even the Ms GARRETT — I think you can, and I am going Attorney-General has acknowledged that this bill may to say you can. I am sure the Attorney-General says he not do what it says it might do and that government can. But we look at what is happening — — members may need to continue to monitor the operation of the suppression order system in this state. Honourable members interjecting.
Mr Pakula interjected. Ms GARRETT — When we peel back the smoke — and maybe some people on your side are Ms GARRETT — Absolutely, and he did that in peeling back the smoke — we see that police cells are between twitching about how terrible the union absolutely overcrowded with prisoners and our movement is in this state and how he is going to fix it corrections system is at breaking point. We were all. Under the wash of blue I do not remember any of promised all these new jails, and the contracts for those that sort of nonsense, but here we are with the wash of jails have been an appallingly run disaster. The Police blue. Association is beside itself with what is happening with its members. Instead of being on the beat and looking We should move on to the bill because, as the shadow after crime, they are looking after prisoners in cells; Attorney-General has so eloquently pointed out, at its they are wardens with no training and no capacity to heart this bill does very little to change what was deal with this situation, and the system is at absolute already being done in the court system. It sets out breaking point. matters which the courts must have regard to, but they are matters that courts already have regard to within We only have to look at the horror that is the debacle their inherent jurisdictions. What courts are currently around the parole system and the secrecy that has doing they will still do. Opposition members have no surrounded some horrific incidents to see that this problem with this legislation; we do not oppose this government has failed to stand up for openness and bill. transparency on these issues, yet members of this government can stand here today and say that this Honourable members interjecting. legislation is about openness and transparency in our justice system. Shame. Ms GARRETT — We are not. We have no problem with open and transparent justice. We have no The shadow Attorney-General has pointed out many problem with the codification or reflection in statute of times in this house that the crime rate under this what is often an existing practice. As the shadow government, which is supposedly tough on law and Attorney-General has pointed out, it may be that this order, has increased every year; under the former legislation will assist the process, and for that reason government it decreased consistently. We again look at opposition members do not oppose this legislation, the joke of the minimum sentencing bill that was served but — for heaven’s sake, and for the sake of the up — that is, supposedly minimum sentencing. The Victorian people and this Parliament — do not present public were told it was about statutory minimum this bill as something that it is not. sentencing, but in fact in the legislation members of the judiciary retained their discretion on every point. This piece of legislation comes in a long line of measures in the justice area which have been presented Mr Andrews — ‘Or any other reason’. as things that they are not. We were told — and the Victorian people were told — that the problems would Ms GARRETT — As our leader points out, the be fixed and the government would have an agenda that phrase was ‘or any other reason’. We on this side of the was tough on law and order. Even when this house do not run away from the fact that the justice government has come into this place and served up system is complicated and difficult, and it is hard to such cold puddings as this bill, its members refuse to strike the balance between diversion and taking people acknowledge the complexity of the issues we are faced out of a justice system that would otherwise condemn with in the justice system. They spout platitudes, make them to a life of crime and incarceration and being empty statements and use smoke and mirrors when tough on those who absolutely deserve the full force of talking about what they are doing, but when we peel the law. However, members of the opposition would back the smoke and mirrors and the — — like to have a more honest conversation with the Victorian public than those on the other side of the An honourable member — Can you peel back a house have ever given the Victorian people credit for. mirror? They serve up supposedly simple solutions but then deliver fairy cakes with icing on top that are shown to
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be hollow. I think the cooking theme I am running with this government is taking, they would show the courage tonight is very good! of their convictions, stand up in this house and oppose the legislation. Let us look at the situation around the drug problem in this state, in particular the failure to tackle problems Those opposite do not know where they stand. There is with methamphetamine use and the ice scourge that is only one side of politics that does know where it stands happening at the same time as this government is on these important bills, and it is this side of the cutting funding for drug education officers in schools. house — the Liberal-Nationals coalition. We went to Members of the government need to have an honest the 2010 election with a commitment to the community conversation, which they promised to have, with the that we would introduce tough legislation on law and Victorian people. order. I make no bones about the fact that we on this side of the house have made tough decisions. Those Now there is the issue of government members coming opposite opposed our position when we said we would in here with 30 house amendments at 2 o’clock. This is employ 1700 new police. They should go out and tell yet another example of the — — the Victorian community that they opposed this. When we introduced the legislation to employ 940 protective Mr Newton-Brown interjected. services officers (PSOs), those opposite had the Ms GARRETT — I assume the member for audacity to say they were plastic police. I ask members Prahran is a lawyer — in fact I know he is — and he opposite to go to the PSOs at their local railway has lauded this bill as delivering all these things, yet he stations, face them eye to eye and tell them that they do does not believe that those who are scrutinising this not respect them and that they are plastic police. Those piece of legislation should have more than a couple of opposite besmirched the good character of the hours to consider the house amendments. Quite frankly, hardworking members of the police force serving as why is the government serving up house amendments protective services officers. at that hour? Once again, this is shoddy and dodgy, and I am proud of the fact that this government has made it is about selling absolute nonsense to the Victorian changes with respect to bail, suspended sentences, people on an issue of such critical importance as to how parole and sentences for gross violence. Members we manage these matters. If there was ever a time in opposite should not lecture me about victims of crime. which we need to have an honest conversation about Noel and Bev McNamara, who live in my electorate, our justice system, it is now. We need to have an honest are the champions of the Crime Victims Support conversation about what we are doing about parole and Association. Every Saturday morning Noel McNamara what we are doing about prisoners in police cells. We sells sausages to raise money for victims of crime. do not subscribe to secrecy when it suits us. Those Under the previous government the Attorney-General, opposite say that this bill removes secrecy, when the Rob Hulls, the former member for Niddrie, refused to fact is that it does so very little. meet with them. He told the leading representatives of a We on this side of the house do not oppose this victims of crime group that he would not meet with legislation, but we do oppose government members’ them. That was the approach of the former government. lack of character and lack of conviction in the justice I ask those opposite how well they believe their former system. Attorney-General acted when he told the leaders of a victims of crime group that he refused to meet with Mr WAKELING (Ferntree Gully) — Again it them. gives me great pleasure to support important legislation that is being introduced by the Attorney-General. If you I can stand up proudly as Noel and Bev McNamara’s ever want to know how conflicted members of the local member and report back to the house that the opposition are when it comes to law and order in this victims of crime group now gets a meeting with the state, you just have to listen to speaker after speaker Attorney-General. It makes representations to the standing up in this chamber and attacking the Attorney-General, and he is willing to talk with government on its record, on the policies it has them — — implemented in respect of law and order — attacking Mr Herbert interjected. and besmirching the Attorney-General — and then turning around at the end and saying, ‘But we’ll support The ACTING SPEAKER (Mr Morris) — Order! the government on its position’. If they had the courage The member for Eltham! of their convictions, if they thought the legislation was that bad, if they were that opposed to the approach that
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Mr WAKELING — I take up the interjection from focusing on listening, learning and acting, not standing the member for Eltham — — up in this house and laughing.
The ACTING SPEAKER (Mr Morris) — Order! At the end of the day it is not us who make the final No! decision on these important issues; it is the Victorian community. Members of the Victorian community are Mr WAKELING — He is very angry and upset the ones who, at the end of the day, are going to be about it — — making the judgement as to whether or not the government is delivering on its important commitments Honourable members interjecting. in respect of improving law and order. On a whole The ACTING SPEAKER (Mr Morris) — Order! range of bills the Victorian government has introduced Enough! with respect to law and order, those opposite, including the member for Brunswick, have launched a Mr WAKELING — I understand it is a passionate wide-ranging attack. The member for Brunswick issue, because those opposite do not like being told the wanted to talk about cooking; I am happy to talk about facts when it comes to law and order in this state. The law and order. simple fact is that the previous government dropped the ball and lost its bundle regarding this important issue. I am very pleased that the government has made the Do not take my word or the government’s word for it; it tough decisions to introduce significant law reform was the Victorian community that sent those opposite a when it comes to law and order. I know those opposite clear message when it came to law and order. We were are going to stand up in this place and criticise the unapologetic when we went to the Victorian Attorney-General and the government. They are going community and said, ‘We’ll put forward a set of to say this piece of legislation is an abomination, just as packages to make law and order the no. 1 issue for this they have done with every other piece of legislation state’. We were unapologetic about that. That is why introduced by this government with respect to law and we said we would make the tough decisions. Those order. On Thursday will they show the courage of their opposite have been forced, dragged kicking and convictions? Are they going to stand up in this place screaming, to support our legislation. and say, ‘You know what? I’m going to stand up for what I believe in. I believe this piece of legislation is an We are unapologetic about the legislation we have abomination. I disagree with the government’s agenda introduced to this house. I commend the with respect to law and order, and I’m going to vote Attorney-General for the legislation he is bringing in, against the bill’. Is the shadow Attorney-General going but more importantly the community commends him. I to stand up in his place and say, ‘I’m going to vote only need to look at the way this bill has been reported against this legislation because I do not believe’ — — to see this. On 26 June the Herald Sun commended the government for introducing this bill. It is just another Mr Pakula — On a point of order, Acting Speaker, example of a government that is prepared to do the hard the member has 1 minute and 16 seconds to go, and I work. am wondering if at any point he intends to come to the bill — — Honourable members interjecting. Mr Watt — What is your point of order? Mr WAKELING — I am more than happy for those opposite to laugh and joke about this issue, Mr Pakula — It is relevance. I wonder whether the because it shows the stark difference between the way member could be asked to discuss the bill before the in which we as a government deal with this important house. issue and the way those opposite treat law and order The ACTING SPEAKER (Mr Morris) — Order! issues in this state. They can laugh as much as they like In my view the member’s comments have been in this house, but the Victorian community is not consistent with the tenor of the debate this evening. laughing. The Victorian community expects the opposition to listen and to learn from its mistakes. The Mr WAKELING — I am only responding to the community expects the opposition to learn that it got it comments made by the member for Brunswick. wrong, that over 11 years it messed it up. It should have Interstate media lawyers often joke about the number of done better. Opposition members should stand up and suppression orders made in Melbourne or, as they call say, hand on heart, ‘We got it wrong. Rob Hulls took us it, Suppression City. It was not those on this side of in the wrong direction. We accept that’. They should be politics who put us in this position; it was those opposite. The fact that between 2006 and mid-2008
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there were 600 suppression orders in Victoria compared certain orders such as suppression orders, which the to just 54 over the same period in New South Wales member for Ferntree Gully might be surprised to know serves to demonstrates the stark difference in the way is essentially what we are talking about in relation to those opposite deal with this important issue as opposed this bill. Those suppression orders restrict the disclosure to those on this side of the house. I commend the bill to of certain information. the house. This bill proposes to consolidate provisions relating to Mr NOONAN (Williamstown) — For the benefit of suppression orders and closed court orders in the the member for Ferntree Gully, this is called the Open Supreme Court, the Magistrates Court, the Coroners Courts Bill 2013 and there is a copy of it at the end of Court and the Victorian Civil and Administrative the table. I thank the member very much for taking us Tribunal into this piece of legislation. While the through the three pages of house amendments and new grounds for which an order may be made may generally clauses that came through at about 3 o’clock this reflect the existing arrangements, which were outlined afternoon. We are very grateful for the member’s by the member for Lyndhurst, the most significant contribution to the debate tonight. The member is change in this legislation, as it has been put to the leaving the chamber, and he did not even grab a copy of house, is to shift the requirement of the courts to favour the bill. Never mind; maybe tomorrow. greater disclosure. The other major change proposed in this legislation is to narrow the scope of orders to be I also thank the member for Prahran for his more concise about the evidence or information that contribution — — needs to be suppressed and for orders to have a specified duration and not operate for longer than is Mr Pakula — He had a bit of a crack at the bill. necessary.
Mr NOONAN — He did indeed have a bit of a There are a number of important clauses in this bill. I crack at the bill. I also intend to have a bit of a go at the will start with clause 4 because it is an important clause. bill, because I have actually had a look at it, It sets out, as I indicated, a new presumption in favour notwithstanding the fact that those amendments came of the disclosure of information. Significantly the court through at the 11th hour. Fundamentally this bill, as it is must only give regard to the presumption in favour of presented to the house, is about addressing the overuse disclosure of information. This signals a clear and of suppression orders in Victoria. That is how it deliberate shift and sends a message about the presents, that is how it was packaged for the Herald importance of disclosure. In practice it is almost always Sun and that is how we are essentially supposed to a party to a proceeding who applies for a suppression swallow it. It is about protecting the very plain principle order, although a court may make its own motion. of open justice. Clause 10 of the bill imposes restrictions on the period As members of Parliament we know that everything we for which an order may operate. Clause 10 notes that say in our contributions to debates like these is recorded the order should not be for longer than is necessary to in Hansard. This is all about openness and achieve the purpose for which it was made. In many transparency. It is not just about tomorrow and it is not cases it has become a practice for suppression orders to just about next week or next month; it is about the years be made for an indefinite period — for example, by to come. People hold us to account for the things we remaining in force until further order. That has say. Indeed many of the bills we debate and the source essentially blown out the period for which orders are or referencing material we bring to the Parliament is in generally made. That is being pared back within the support of our contributions to the bills on which we context of this bill. Through the changes proposed in wish to speak. That is essentially the principle of this bill the period for which a suppression order openness and transparency of the parliamentary system. operates may be specified by reference to a fixed or Similar principles apply in the court system, but with ascertainable period or have reference to the occurrence some clear differences. One clear difference is that in of a future event — for example, the conclusion of respect of the principle of open justice and the public’s proceedings or exhaustion of appeal rights or even the right to know there is a need to clearly reconcile with death of a particular party. Where there is a reference to other interests such as national security the need to an event that may not occur, the order must specify the ensure a fair trial and, importantly, the protection of expiry as being not longer than five years. vulnerable witnesses. Where our courts determine that As I mentioned earlier in my contribution, there are the publication of evidence or information may be some serious justifications for limiting access to or contrary to the interests of justice, they can make publication of matters related to a court proceeding.
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Importantly clause 16 of the bill sets out the grounds on in the program to the cuts to legal aid. Broadly we got a which a suppression order may be made. It states that a picture of the court system essentially collapsing under court must be satisfied that the order is necessary on the pressure of this government’s tough-on-crime one of a number of grounds, which include to prevent agenda. prejudice to the proper administration of justice; to prevent prejudice to national or international security; On one hand we are tonight talking about suppression to protect the safety of any person; to avoid causing orders in a debate on a bill called the Open Courts Bill undue distress or embarrassment to, or witness in, any 2013 but on the other hand when you stand back and criminal proceeding involving a sexual offence or look at the pressure that the court system in Victoria is family violence; and finally, to avoid causing undue under and the fact that crime rates are going through the distress or embarrassment to a child who is a witness in roof and crime prevention programs are being cut, it is any criminal proceeding. not a stretch to put it to the Attorney-General that our judicial system, our courts, are under such pressure that These grounds consolidate the arrangements, with the legislation like this is just a sideshow to the main game, exception of the addition of the last point of undue which is really this government’s collapsing credibility distress or embarrassment to a party to, or witness in, a on law and order and the judicial system. family violence criminal proceeding or a child who is a witness to a criminal proceeding. The bill also Mr McCURDY (Murray Valley) — It is a delight accommodates media organisations and recognises to see the member for Kew in the chair as Acting their right to appear and be heard when they want to Speaker. I congratulate him on doing an outstanding job fight a suppression order. in it so far. I hope that continues as the night goes on. I am very pleased to see him there. Understandably this bill has been the subject of some interest and has received some endorsements. There is a This bill is another step along the coalition’s road of significant body of work from the Australia’s Right to law reform. It is another bill that I am very proud to be Know coalition, which undertook a study in 2008 led associated with because this government recognises by Prue Innes, who I understand was the courts media that our communities deserve more. They deserve that officer for many years. I see that she has welcomed this we stop hiding perpetrators and start making them bill through the Society of Editors. In particular she has accountable. As the member for Brunswick admitted, welcomed the banning of catch-all orders and perpetual our communities were failed by the Labor government, or 99-year orders. and it is certainly time we brought these perpetrators to account. This government is not afraid to make tough I see that in an article in the Herald Sun of 25 June, decisions — as you know, Acting Speaker; you have James Campbell supported this. That is probably no been involved in making them. The Victorian surprise. I also note the influence of the work of Jason community demands a government that will fix the Bosland from Melbourne University, who had also mess and will stand up to perpetrators. Perpetrators do commented on a number of aspects of the bill. I note not deserve to be hidden behind the soft laws that for also that the bill has been welcomed by the Australian 11 long years continued to stack up against the victims. Press Council because it sets out a presumption in favour of the disclosure of information. The member for Williamstown certainly took a more measured approach regarding the bill. He did cover it That being said, I want to make a couple of comments somewhat, unlike the member for Brunswick, who in relation to the courts as they are currently clearly had very little respect for it. I am not sure she functioning. We in Victoria have what I would regard knew what the bill was about. I congratulate the as a judicial system under enormous pressure. This was member for Ferntree Gully, who gave an absolutely highlighted on 7.30 Victoria last Friday night in a very passionate and magnificent contribution on this bill. As interesting segment in which the word ‘crisis’ was used we have heard, the main purpose of this legislation is to repeatedly to describe the situation. The Criminal Bar reform and consolidate provisions for suppression Association, the Police Association and the orders relating to proceedings in the Supreme, County, Ombudsman were all referred to in that story. There Magistrates and Coroners courts, the Victorian Civil was also reference to the number of people being held and Administrative Tribunal (VCAT) and some other in police cells having increased substantially since the courts and tribunals. It will also reform and consolidate change of government in 2010 and to the fact that provisions for suppression orders relating to other prisoners are being moved from police cell to police information relevant to but not derived from cell around the state in order to satisfy compliance proceedings in the County Court and the Magistrates requirements. In that regard there were also references Court. It will make general provisions applicable to all
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suppression orders made under the inherent jurisdiction government’s reform to strengthen the Victorian justice of the Supreme Court and by courts or tribunals under system. It is something I am proud of because open this act. Finally, it will reform and consolidate justice demonstrates to the public that laws are being provisions for closed-court orders applicable to the applied and enforced fairly and effectively. Open Supreme, County, Magistrates and the Coroners Court justice also promotes personal responsibility. Therefore as well as VCAT and other tribunals. I believe, as do many other Victorians, that unless there is good reason to the contrary the community is entitled The coalition government has not at any time stepped to know what is being said in court where there are away from its law and order platform and nor will it allegations that the conduct of an individual or an step away from it. We continue to make our community organisation is in breach of the law. If and when an safer, enabling people to feel safer and sending a clear individual or an organisation acts contrary to the law, message that we will not stop. As I say, I am very they should expect to be held accountable not only to proud to be part of this coalition government, which judges and magistrates but also to the community. Our stands up for the community on law reform. My communities have the right to know if someone in their communities in the electorate of Murray Valley are street or someone in their organisation has come before very supportive of this mandate and continue to the law. encourage the government to stand up to crime and criminals and make our families and communities safer. I will go as far as to say that in regional Victoria, where They continue to talk to members of the government in many cases everybody knows each other — small about law reform and the changes this government is town syndrome you might say; but people know each making. They are very pleased about the changes and other, even in the bigger towns and the smaller rural that somebody at long last is standing up for Victorians. cities — that in itself can be a major deterrent to crime. When people know that the crimes they commit or the As members know, we have undertaken law and order actions they take will be known to others in the reform in many and varied ways, including putting community, that can be a deterrent in itself. People do extra police on the streets, introducing protective not want the world to know when they have committed services officers at train stations, and most recently an indiscretion, and that in itself can act as a major making ongoing reforms to the parole system. Victoria crime preventive tool. asked us to get tough on crime, and we are pleased to do so. After 11 long, dark years of nothing it is time we The bill was framed having regard to the model Court turned those tables, and we are now standing up for law Suppression and Non-Publication Orders Bill endorsed and order. Certainly we bring leadership, making the in 2010 by the Standing Committee of tough decisions that others did not have the courage to Attorneys-General. However, the bill applies a more make. rigorous standard for making suppression orders in Victoria. In particular, as the commonwealth has also The Open Courts Bill 2013 reinforces the primacy of done, the bill omits the open-ended and poorly defined open justice and the principle of free communication of general public interest ground that was included in the information relating to proceedings in Victorian courts model bill. Instead, the bill preserves the existing and tribunals. The bill consolidates and reforms the grounds for the Victorian Civil and Administrative general statutory powers for the Supreme Court, the Tribunal (VCAT) and the Coroners Court to make Magistrates Court, the Coroners Court and VCAT to suppression orders reflecting the particular make those suppression orders and closed-court orders. considerations relevant to those jurisdictions. It creates general presumptions in favour of disclosure of information and of open court hearings — The bill will operate as an exclusive source of general presumptions to which courts and tribunals must have statutory powers for courts other than the Children’s regard when considering whether to make a Court of Victoria, and for VCAT, to make suppression suppression order or a closed-court order under the and closed-court orders. It will exclude the operation of provisions of this legislation or in the exercise of the common law or implied powers to make these orders, Supreme Court’s inherent jurisdiction. As we know, except for the inherent jurisdiction of the Supreme Labor let us down over those 11 long years, and we are Court. The bill does not affect other legislation going to turn the tables and make things right. containing subject matter with specific powers to make suppression and closed-court orders. This bill will In addition to these presumptions, the bill provides for reduce the number of offenders who use the law to hide orders under its powers to be made only in specified their identity. limited circumstances where there is a strong and valid reason for doing so. This bill is an important part of the
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I point out that the Supreme Court will continue to legacy of the previous government, now the opposition, retain its powers to make suppression and closed-court on sentencing. orders in the exercise of its inherent jurisdiction but will still be subject to the presumptions in favour of We all have different views, and I continually hear the disclosure and hearings in public set out in part 2 of the opposition referring to and quoting from a couple of bill, which I will not go into great detail about. Where news sources, one being the Age and the other the such an order is made, the information that is restricted ABC, so I thought I would have a look at the record of from disclosure by the order must be limited to that the previous government on sentencing in relation to which is necessary to achieve the purpose for which the public safety. Two very short articles jumped out at me. law was made, therefore the information to which the The first related to suspended sentences. Never let it be law relates must also be clearly stated in the order and forgotten that the previous government — until the order must be limited to achieving the purpose for 5 minutes to midnight, until the middle of an election which it has been made. year after 11 years in government — refused to move on suspended sentences for serious crimes. That is not In terms of suppression orders, certainly in relation to just my view. The Age of 14 May 2010 carries the sex crimes, sometimes an order is made against a headline ‘Brumby in backflip on suspended sentences’. perpetrator for various reasons. This bill will change The article states: that. However, in the event that the victim is a member of that family, they still may want to suppress the name The Brumby government, in a major policy reversal ahead of the state election, is set to abolish suspended sentences for of the perpetrator or the accused to protect the identity serious crimes … of the child or the family member involved. I can still see perfectly good reasons for suppression orders, there Adopting a stance almost identical to the coalition’s, the is no doubt about that. In certain cases it is about government will announce today it has accepted the findings of a report stating that attempts to slash the number of looking after the victim and making sure that the victim suspended sentences have failed. and their family have a fair chance at life after these circumstances have passed them by. This bill will The article goes on later to say: change the opportunity for all and sundry to apply for a suppression order, whether they need one or not, Victims of crime advocates welcomed the change, but admonished Labor for what one called a spectacular backflip. because they are embarrassed about what they have done and the crime they have committed and they just That is the reality. Those are the facts, not the story that do not want to show their face to the community. This the member for Brunswick and others on the opposition bill will assist in all of the ambit claims, you could say, benches put forward tonight. They have no credibility of those applying for suppression orders. on open courts and sentencing.
With those comments, I will conclude my remarks. Do not ask me; ask the Age. ABC News online has the Again I say that the Victorian coalition government is transcript of a 14 May 2010 interview on 7.30 Victoria standing up for law and order. It is standing up for our headed ‘Government denies backflip on suspended communities and our families. Whenever I get the sentences’. It says: opportunity to speak in this place, I am very proud to stand up for our vulnerable communities and everybody Attorney-General Rob Hulls denies copying the opposition’s policy on abolishing suspended sentences, asserting the who deserves the opportunity not only to be safe but government’s plan is based on expert advice. also to feel safe in their community. I commend the bill to the house. That was the ABC. The transcript further states:
Mr GIDLEY (Mount Waverley) — I rise this The state government today announced plans to scrap evening to contribute to debate on the Open Courts Bill suspended prison sentences in Victoria. It comes barely six months before the state election and only three months after 2013, and I do so in the context of the coalition the state opposition made the same pledge. government’s proud record of acting swiftly to improve public safety and also in the context of the robust The ABC reporter asked a question of the debate we have had on the bill in relation to open courts Attorney-General at the time, the Honourable Rob and sentencing. In that spirit we need to set the record Hulls: straight in terms of public safety and sentencing. I simply cannot contribute to this debate without You’ve been Attorney-General for 11 years now. The Sentencing Advisory Council recommended this move four addressing some of the furphies and inaccuracies that years ago. Why didn’t you implement it then? thus far have been put on the record and addressing the
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Good question, even from the ABC. The reporter make those sorts of decisions, but if we want to talk further asked: about truth and fairness and talk about legacies and records, in less than three years in office this Mr Hulls, in fact in 2006 the advisory sentencing council government’s record stands in stark contrast to the recommended a three-year timetable that these reforms would be in place by 2009. Again I ask: why didn’t you act then? inaction of the former government during its 11 years in office. That is a short version of what can be found in many reports and undoubtedly shows a lack of credibility on Going back to the concepts and broader aspects of this sentencing during the opposition’s 11 years in particular bill, I want to mention a couple of things government. That lack of credibility needs to be seen in which again demonstrate why it is that we are taking the context of tonight’s wide-ranging debate on open this action. The bill will consolidate the grounds for the courts. Victims of crime groups and the government making of non-disclosure or closed court orders in the have commented on this, while public safety experts Supreme Court, the County Court, the Magistrates have commended the quick and effective measures the Court, the Coroners Court and at the Victorian Civil government has put in place to improve public safety. and Administrative Tribunal (VCAT).
In the context of the debate tonight I will quickly A key feature of the bill provides for general statutory mention some of those sentencing measures: the powers and grounds for the making of orders in relation abolition of suspended sentences for those convicted in to reports of proceedings or about material derived the Supreme Court and the County Court for offences from a proceeding and provides for general statutory of murder, manslaughter, rape, serious sexual offences, powers and grounds for making suppression orders in armed robbery, intentionally or recklessly causing relation to certain other information not derived from a serious injury, aggravated burglary, arson and proceeding but relevant to a proceeding. Supreme, commercial drug trafficking. It took a coalition County and Magistrates courts and VCAT may make a government to do that. Other measures include the proceeding suppression order when necessary to introduction of community correction orders and, prevent prejudice to the administration of justice and to importantly, increasing the membership of the prevent prejudice to national or international security, Sentencing Advisory Council to include a member amongst other things. That is important in terms of this from a victim-run support agency as well as serving bill because there may well be good reasons for a Victoria Police officers. suppression order, not solely from an offender’s point of view but from a victim’s point of view, and again Other measures are the establishment of the Victims of this bill provides for that. Crime Consultative Committee, creating the victims groups small grants scheme, the abolition of home Finally, it would be remiss of me if I did not finish on detention, reform of double jeopardy, the introduction the work done outside of sentencing in terms of public of statutory minimum sentences for offences of safety generally, on the debate thus far in my local intentionally or recklessly causing serious injury when community and on its views on sentencing and public committed with gross violence and the extension of the safety. In the very short time which the coalition operating hours of the victims of crime support government has been in office its record on proactive network. The list goes on, but it paints the picture of a front-line policing and public safety stands as a proud government acting with values to ensure that the justice one. As of 30 June this year nearly 1250 new officers system is rebalanced. The justice system has been were recruited, trained and deployed by Victoria Police. rebalanced to provide a fairer, more equitable system The government is providing Victoria Police with the for our residents and our state. infrastructure and refurbishment of police stations as needed, whether it be the Ashburton police station or At the time, I welcomed the backflip on suspended the police station in the electorate of the member for sentences. Whenever a government, regardless of its Morwell or in other areas across the state. It means political persuasion, makes changes which are good Victoria Police can deploy the necessary officers. It changes, we should not automatically ridicule it and, to cannot do that if it does not have the infrastructure. This be fair, I have said that before. But I am sorry, I cannot government is providing that. sit here and stomach the fairytale from the member for Brunswick and other opposition members on its legacy The $28 million-plus investment in the Victoria Police when it failed to get the balance right in our criminal Academy in my electorate of Glen Waverley is justice system for victims as well as offenders and other ensuring that our police officers are not only being put stakeholders. As I said, at the time I welcomed the through the academy so they can go onto the street but backflip by Rob Hulls. I commend governments that that existing officers are able to be better trained to
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better protect our community. In addition to that, the nothing for transparency and openness. When there is government is ensuring that police stations in my an absolute need for this sort of suppression, this bill electorate will not be closed, nor will a superstructure allows that to happen. be created which would have ultimately reduced the ability of Victoria Police to deploy officers. Under the bill, restricting the reporting of court proceedings should only be done and can only be done That is a proud record in just three years. Is there more when it is to prevent prejudice to the proper work to be done? Of course there is. We cannot prevent administration of justice. If reporting was going to every crime, and we cannot repair all the damage a prevent justice from taking place, you would use a victim has incurred, but we will leave no stone suppression order. You would use one if it was going to unturned to ensure that as much as humanly possible prevent prejudice to national or international security. we deliver on our responsibility to protect Victorians You would use one to protect the safety of any person. for the future. That is it, and outside of those instances we should be making information open and transparent. That is what Mr SOUTHWICK (Caulfield) — I rise to speak on this bill does. this very important bill, the Open Courts Bill 2013. This bill is not a laughing matter; it is a very serious I draw to the attention of the house a study by the matter. It is very disappointing on a couple of fronts Australia’s Right to Know group that showed that that the opposition has collapsed when it comes to between 2006 and 2008 Victoria made 600 suppression speaking on this bill. I would have thought that with orders compared to 54 in New South Wales. That is a this important bill, where we are talking about opening big difference — 600 versus 54. What we are seeing up the courts to allow transparency, to allow the are these sorts of numbers increasing by up to 50 per opportunity for the victims and their families to be cent year in and year out. As a government we have had heard and to turn things back in favour of the victim to get on top of this, and we have had to say, ‘Enough is and not the perpetrator, opposition members would enough. We are not going to allow these to continue to want to make a contribution. Unfortunately that does grow as an easy way out. We are going to put a stop to not seem to be the case tonight. The member for it’. Brunswick, rather than talking about the very serious issues related to crime, used most of her contribution to This bill provides greater guidance to the courts to talk about fairy cakes, lasagne, icing and all sorts of strengthen free and open communication of information strange and silly things. This is a very important and in relation to the proceeding of the courts. It will serious bill, and members should be discussing exactly operate in favour of disclosure to promote a better and its intent. more open justice system. It introduces a number of procedural requirements when making suppression This bill is a commitment to open justice in our state orders, and it provides more clarity around the process. courts and in the Victorian Civil and Administrative The bill will apply to the Supreme Court, the Tribunal (VCAT). It is about providing justice to the Magistrates Court and VCAT. It does not apply to the victim, transparency and in many cases closure to Children’s Court because a lot of work has already been families and their friends. The courts currently have done in relation to the Children’s Court, which has its existing powers to make suppression orders and to own set of procedures. prevent the publication of information in legal proceedings. We have seen cases — and this bill talks One of the other elements of this bill, which is very about them — in which there has been a need for important, is that orders must be restricted in their suppression orders to be used. Restrictions on duration and they should have an expiry period. We publishing information before the courts should only be saw headlines in the Herald Sun in June which said imposed where there are very good reasons for them, ‘Courts told to open up’ and ‘Ninety-nine-year and those reasons should be limited for clear and suppression orders should vanish from Victorian courts specific purposes. under new “open justice” law’. It is absolutely ridiculous! As members of the public we are looking What we have seen in the past, and certainly what we for transparency, so these sorts of 99-year suppression saw in the 11 years under Labor, was an increase in the orders must go, and this bill certainly draws attention to use of suppression orders and an increase in the use of that by reducing them down to periods of up to five this restrictive purpose to not allow information to be years. properly disclosed and to prevent that information from being out in the public domain. That does nothing for There are a number of supplementary house victims or for victims’ families, and it certainly does amendments that have been mentioned, which again
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will further strengthen this bill. It absolutely saddens provision of 940 protective services officers are me that the opposition would think that you would comprehensive measures, along with statutory introduce a bill, and that is it — that you are never minimum sentences for gross acts of violence, the going to work on it and never improve on it. If our job abolition of home detention, Brodie’s law to make as members of Parliament were to sit in here, introduce serious bullying a criminal offence, sentencing reform legislation and then just sit on our hands and forget and the abolition of suspended sentences for all serious about it, I think we would all agree that we were crimes in higher courts. These are very serious wasting our time. We are here to constantly improve measures, and that is what we are about. things. If we can come up with a better idea, we should be putting that forward. We should always be aiming to Just last weekend it was a pleasure to go out with the improve our bills, improve our laws and improve our Victoria Police Safe Streets Taskforce in the city of legislation. The house amendments deal with avoiding Melbourne and have a look at how enforcement is done undue distress or embarrassment to a party or witness in in the current day and age under this government. It is a a criminal proceeding involving a sexual offence or strong, no-holds-barred approach to ensure that people family violence. By making this ground available to a feel safe. That is what law and order is about, that is complainant rather than a party we will ensure that the what safety is about and that is what this government is ground will protect witnesses and victims of family about. Again we make absolutely no apologies for that. violence, not the perpetrators. Every single time I speak on a bill amendments I feel Honourable members interjecting. very passionate because it is what the community has cried out for. We have heard the cries. We hear them in Mr SOUTHWICK — I can hear the member for our electorate offices; we take phone calls all day. We Broadmeadows screaming out and carrying on, but let have all heard many times from victims of crime, who me say that I am sure the member for Broadmeadows in many cases have broken down in tears in our offices, would be looking at protecting the victim and not the which suggests that more needs to be done. We should perpetrator. That is what this is about. That is what we never, ever apologise for that. We should never stop. are doing. That is what we are strengthening. That is We should always continue to do whatever we possibly what we should all be supporting in this house, rather can. No matter what side of the house we sit on and no than carrying on like a two-bob watch. This is what we matter what party we represent, we should be have done. absolutely here to make a difference. That is what these laws are about. It is not about just grandstanding for Mr McGuire — On a point of order, Acting grandstanding’s sake; it is a comprehensive reform. It is Speaker, I take offence to the member for Caulfield’s a strong reform. I commend the Attorney-General for remarks. I seek withdrawal of them. his diligent work, and I certainly commend the Premier and all of my colleagues. I commend the bill to the The ACTING SPEAKER (Mr McIntosh) — house. Order! The member for Broadmeadows has taken offence to your comments. I ask you to withdraw your Dr SYKES (Benalla) — I join the debate on the remarks. Open Courts Bill 2013. Like the member for Caulfield, I wish to express my concern about the lack of Mr SOUTHWICK — I withdraw. contribution to the debate by those on the other side of I would like to continue by saying that this is a very this house who call themselves members of the important bill that we should all be taking seriously — opposition. It is an absolute failure of their every member in the government and every member in responsibility to represent the people who elected them opposition. Law and order is not a laughing matter. It is to this place, to stand up and represent their views and not something to heckle about, carry on about and then contribute to an informed debate on this bill. It is an be offended. That is not what this is about. This is about absolutely appalling failure and a dereliction of their transparency — and we know we can actually open up duty. the process in our courts. It is interesting that those on the other side chose this It is also about law and order, which we have been week to again oppose the government business program tough on as a government and for which we make no on the basis that we, The Nationals, leave early on a apologies. That is what we went to the election with Thursday afternoon to get back to our electorates, back in 2010, and we have been absolutely strong and suggesting that there is insufficient time for opposition absolutely robust in ensuring that we do that. The members to contribute to the debate. I wish to point out availability of 1700 police on the street and the that they are wrong on two counts. The first is that we
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stay to the end. We stick up for our people in regional We then had the member for Brunswick give a Victoria — — passionate presentation in which she criticised the coalition government in relation to law reform. The Ms Hutchins — On a point of order, Acting member for Brunswick has not been in the Parliament Speaker, the member is not addressing the matters for a particularly long time. However, during the short before the house, and I ask you to bring him back to the time she has been in the Parliament the coalition bill. government has abolished suspended sentences, starting with those for severe crimes, because suspended Mr Dixon — On the point of order, Acting Speaker, sentences were not working. We have introduced there has been a very wide-ranging debate even though minimum sentences, particularly for more serious there have been a limited number of contributions from crimes. However, we recognise that there are some the opposition. All members have been quite broad in circumstances, such as a mental illness in the their contributions, and seeing that the member has only perpetrator of the crime, that warrant deviation from the just started, he should be given the leeway to expand standard minimum sentence. his case. The member for Brunswick should have a particular The ACTING SPEAKER (Mr McIntosh) — interest in the action we have taken in relation to parole. Order! Certainly. The member has only just I will not go into more detail on why she would have a commenced his contribution to the debate, but I ask particular interest in this issue, other than to say that we him to come back to the bill. in the Liberal-Nationals coalition are firmly of the view Dr SYKES — In coming back to the bill, I wish to that parole is a privilege, not a right. The make the point that we, The Nationals as part of the Attorney-General has taken a number of steps on this Liberal-Nationals coalition stand up for the people who issue, and the Premier has announced in recent times put us in this Parliament. We are here tonight arguing our response to a review of the Adult Parole Board of the case for this legislation, which provides for Victoria. We are making it very clear that parole is a openness and transparency in our court system. It is privilege, not a right. Over and above that we are another move towards better government and towards working towards achieving an election commitment of safety for our public. That is the underpinning reason 1700 more police on the beat and over 900 more why we are on this side of the house and in government protective services officers — those fine men and and why the few members of the rabble on the other women who were referred to by the Deputy Leader of side of the house are in opposition. the Opposition as ‘plastic police’.
I wish to make some comments about the contributions The member for Williamstown touched on the bill and of other members. The Crouching Tiger pounced noted that it was another step towards openness and tonight. He attacked our government, suggesting that transparency in our court system. However, he then coming up to three years in government we had not made a frivolous remark about it being a sideshow to done enough. He failed to recognise that when you the main game. I have just highlighted what the main come into government and you have to fix the mess left game is. The main game is that the coalition after 11 years of dereliction of duty by those who have government is going to protect the safety and security come before you, it takes time to fix that mess. of the Victorian public and not allow the rights of However, as I will come to in a couple of minutes, we criminals to be put ahead of that safety and security. are doing that, and our Attorney-General in particular The member for Mount Waverley highlighted the has delivered time and again to make Victoria a safer failure of the former government to act and quoted from place to call home. Interestingly the member for a number of media reports. He highlighted that here Lyndhurst made a comment which demonstrated the again in government we are delivering on our absolutely flawed logic of those on the other side. He commitment to put the safety of the public ahead of the said we would not be monitoring the bill if we thought rights of the offender. I also need to acknowledge the it would work from the first point. The first principles contribution of the member for Murray Valley, who is of creating something are that you monitor how it is sitting here fretting and wondering. He is a fine going, and if it is necessary to refine it, you do that. As member who makes extensive representations on behalf an underlying principle, after you put something new in of his constituents, and he outlined many aspects of the place you always monitor it. For the member for bill. Lyndhurst to question the coalition’s monitoring of the consequences of our action shows a complete lack of In the minute or so left for me to contribute, can I say logic. that we on this side of the house are exercising our
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democratic right and responsibility to contribute to a This bill continues the outstanding work that has been democratic debate. I compare that with the options that undertaken by the Attorney-General and a range of exist in many other countries of the world. We just need other ministers in relation to the huge deficiency we to look to the Middle East, where we have the — — found in the whole area of law and order when we came into government after 11 long years of Labor. Honourable members interjecting. What was very apparent to us as we were campaigning in 2010 and in the subsequent years was that there was Dr SYKES — We have mirth and jest from the a huge deficiency — there were gaps and major opposition, which has only put up three speakers deficits — in the law and order regime here in Victoria. tonight to contribute to this debate, plus a cameo contribution from the member for Broadmeadows; his Since we were elected to government the contribution was a point of order. We are witnessing Attorney-General has worked very diligently to deal the inadequacy and failure of members of the Labor with these matters: to deal with the parole matters, to Party to make reasonable presentations on behalf of deal with the bail issues, to deal with the gross violence, their constituents. to deal with suspended sentences and to deal with a raft of other law and order reforms that were so sorely I return to the mention of the Middle East, because we lacking in the state of Victoria after the previous are very lucky to be living here in comparison with Attorney-General had let the tail wag the dog, to quote what the people in the Middle East are experiencing. A a phrase. This bill represents another important plank in number of us recently went to Israel, and we saw there restoring law and order and giving back to the citizens a small island of democracy in a sea of unruly, of Victoria confidence in the justice system in this great uncontrolled bedlam. What we are seeing going on in state. Syria at the moment should remind us how lucky we are that in Australia we have a democratic system, and Turning to the bill itself, clause 1 sets out the following we, the state coalition government — and hopefully purposes and objectives: after Saturday a federal coalition government — will stand up for the rights of people. We will put the rights (a) reform and consolidate provisions for suppression orders and safety of the Victorian public ahead of the relating to information derived from proceedings applicable to the Supreme Court, the County Court, the perpetrators of criminal offences. Magistrates’ Court, the Coroners Court, the Victorian Civil and Administrative Tribunal and other prescribed The ACTING SPEAKER (Mr McIntosh) — The courts and tribunals; member for Forest Hill. (b) reform and consolidate provisions for suppression orders Mr ANGUS (Forest Hill) — I congratulate you, relating to other information relevant to, but not derived Acting Speaker, on your appointment and on your role from, certain proceedings in the County Court and the Magistrates’ Court; tonight; well done! (c) make general provisions applicable to all suppression I am very pleased to rise this evening to make a orders made pursuant to the exercise of the inherent contribution in relation to the Open Courts Bill 2013. A jurisdiction of the Supreme Court and by courts or number of contributors from our side have gone into tribunals under this Act; extensive detail about a range of matters, but I think it is (d) reform and consolidate provisions for closed court worth following up some of the comments of the orders applicable to the Supreme Court, the County member for Benalla in relation to the lack of Court, the Magistrates’ Court, the Coroners Court, the contribution to the debate from the other side. I think it Victorian Civil and Administrative Tribunal and other is a pitiful reflection on the opposition in this great state prescribed courts and tribunals. of ours that only three members on its side have I note at the outset that this bill does not apply to the bothered to contribute to this debate. Even as I look Children’s Court. around the chamber now, only four opposition members are present. They are treating this bill as they It is interesting also to refer to an article written by have a range of other bills in recent times — James Campbell and published in the Herald Sun on contemptuously — and I think it is a shameful situation 26 June this year. It states: that they are not taking these matters seriously and contributing to this very important debate in relation to From 2006 to mid-2008, Victoria’s courts made these wide-ranging law and order matters. Their 600 suppression orders, compared with 54 in NSW, according to reports studied by the Right to Know coalition. disinterest is very apparent.
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In relation to law and order, the government stands very cloak of secrecy that has existed in so many cases. The proud of its record inasmuch as the commitments it bill requires courts and tribunals to limit the scope of gave in the 2010 campaign are being fulfilled. That information covered by these orders to only that which includes the 1700 extra police, the 940 protective is needed for the purpose of the orders. It is going to services officers and the raft of other very important require a court or tribunal to be satisfied that the law and order matters we are addressing. We are taking grounds for making the order are established, and it is control of the streets. We are working hard to restore going to expressly reinforce the common-law law and order to this great state in the way the citizens obligation of courts to publish reasons for their of Victoria would expect. As I said, this bill is part of decisions that continue to apply even if a suppression that very important process. order requires editing of those reasons prior to publication. The bill will implement the government’s commitment, as announced, to enhancing open justice in state courts In summary, and in conclusion from me, what we are and the Victorian Civil and Administrative Tribunal seeing here is the refinement and improvement of this (VCAT) and to continuing to improve and reform the particular aspect of the justice system. It is a very justice system. The bill will consolidate the grounds for important aspect, and one could easily argue that it has the making of non-disclosure and closed court orders in been abused or certainly handed out too freely, the range of courts I mentioned and also in VCAT. particularly in relation to the statistics I quoted a few Some of the key features of the bill include that a court moments ago from other jurisdictions. Here in Victoria or tribunal will be required to have regard to our numbers are just so much higher, so I think this will presumptions in favour of disclosure and hearing be a significant improvement. It will facilitate and proceedings in open court in making an order under the enhance the justice system in Victoria, and again I legislation, or in the exercise of the Supreme Court’s congratulate the Attorney-General and conclude by inherent jurisdiction to make similar orders. commending the bill to the house.
The bill will operate concurrently with other specific The ACTING SPEAKER (Mr McIntosh) — The statutory regimes for the making of orders, such as member for Mildura. those that exist in relation to family violence, serious sex offences and children. It will replace any implied Mr CRISP (Mildura) — Congratulations, Acting and common-law powers of the courts to make Speaker, on sitting up there this evening. I rise to suppression orders, except for powers exercised in the support the Open Courts Bill 2013. The main purposes inherent jurisdiction of the Supreme Court. There will of this bill are to: be very significant reform here, in that it will put in (a) reform and consolidate provisions for suppression orders place additional hurdles that will need to be jumped, so relating to information derived from proceedings to speak, before suppression orders can be handed out. applicable to the Supreme Court, the County Court, the Magistrates Court, the Coroners Court, the Victorian The Supreme, County and Magistrates courts and Civil and Administrative Tribunal, and other prescribed VCAT may make a proceeding suppression order courts and tribunals; where necessary to prevent prejudice to the (b) reform and consolidate provisions for suppression orders administration of justice, to prevent prejudice to relating to other information relevant to, but not derived national or international security, to protect the safety of from, certain proceedings in the County Court and the any person, to avoid undue distress or embarrassment to Magistrates Court; a party or witness in criminal proceedings involving a (c) make general provisions applicable to all suppression sexual offence or family violence or to avoid causing orders made pursuant to the exercise of the inherent undue distress or embarrassment to a child witness in a jurisdiction of the Supreme Court and by courts or criminal proceeding. The bill outlines the specific tribunals under this act; requirements and deals with all these various elements. (d) reform and consolidate provisions for closed court It will also provide for robust procedural requirements orders applicable to the Supreme Court, the County that will apply to orders made under the legislation and Court, the Magistrates Court, the Coroners Court, the similar orders made in the exercise of the Supreme Victorian Civil and Administrative Tribunal and other Court’s inherent powers. prescribed courts and tribunals.
The bill will provide for clearer time limits when This bill is really about consolidating the grounds for making orders to ensure that such orders do not remain the making of non-disclosure and closed court orders in in force indefinitely, and that is a very important aspect. the Supreme, County, Magistrates and Coroners courts People will not be able to hide indefinitely behind this and the Victorian Civil and Administrative Tribunal.
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The court or tribunal will be required to give regard to Mr WATT (Burwood) — I rise to speak on the the presumptions in favour of disclosure in hearing Open Courts Bill 2013, noting the strong record this proceedings in open court and making an order under government has on law and order, which includes the the bill or exercise of the Supreme Court’s inherent appointment of Victoria’s first ever Minister for Crime jurisdiction similar to other orders. This is complicated Prevention, and what a fine crime prevention minister but it is about providing for some consistency across he was. Compare that to the leftie pinkos on the other the whole system. side who refuse to even speak on law and order. I am amazed when the hypocrites get up in this house to Consistency in law and order is something that I think complain about law and order but refuse to speak on a is important in our community, and it is something this bill as important as this. This particular bill is about government has spent a lot of time and effort on in making a presumption in favour of disclosure. It is delivering a safer state for Victoria. This has had its about lifting the lid on crime. As a government we have challenges, but we are well on track to making people gone out of our way to make sure that we improve the feel more secure. We are doing that with the 1700 extra law and order system. We have done a number of police and 940 protective services officers that have things, and this is just another plank in our law and been committed to Victoria. order platform.
These new officers need to be housed, and in relation to I am somewhat disturbed when I hear those on the other Mildura I was very pleased to see that the Minister for side talk about crime statistics when we are talking Police and Emergency Services announced this week a about extra police. People say to me, ‘If a tree falls in $1.24 million upgrade to the Mildura police station to the woods and there is no one there to hear it, does the help house our extra police officers. As part of that tree really make a noise? Did it fall?’. That is what law upgrade, the police station will receive extra locker and order comes down to in this state: if the police are space, the equipment issue area will be expanded and not there to catch the criminals, then how can they be there will be other small-scale improvements. There are recorded in the statistics? It is that simple. extra police in Mildura and they need to be housed. This extra ability to accommodate these extra police Let us turn to drugs. The recording of drug-related within the station will give my residents peace of mind, offences has gone up slightly over the past few years which is something that we as a government have gone due to the increase in police numbers. But how many out to deliver to the community. There are extra police people rock up to a local police station and say, ‘I was out there, they are doing a good job, and they are walking down the street and had some drugs in my working very hard to protect our community, which is pocket but nobody caught me, so I’ve come here to turn something for which I am sure our community is myself in’? It does not happen. It is ridiculous. Those extremely grateful. on the opposite side need to understand that if you are going to have tough law and order policies and put Returning to the bill, the Open Courts Bill 2013 more police on the street, you are going to record more reinforces the primacy of open justice and free crime. We on this side of the house are quite proud of communication and information in relation to the many things we are doing in relation to law and proceedings in Victorian courts and tribunals. I note in order. We have introduced a number of bills and relation to this, as has been mentioned, that Victoria has measures in this house to improve law and order and to a far higher number of suppression orders than other make people feel safe. We introduced Brodie’s law, jurisdictions — that is, some 600 in Victoria compared which is legislation that makes serious bullying a to far fewer elsewhere. criminal offence. We passed legislation to abolish suspended sentences, as others on this side of the house The bill is an important part of the government’s have mentioned. I note that no-one on the other side reforms to strengthen the Victorian justice system. mentioned it, but that is probably because not many of Open justice demonstrates publicly that laws are being them bothered to get off their backsides. We have also applied and enforced fairly and effectively. Open done a number of other things — — justice also promotes personal responsibility. This bill delivers on the aspirations of this government to Mr McGuire — On the bill! achieve a more open justice system. We could talk a lot in this Parliament about the role of personal Mr WATT — I am talking on the bill. I am talking responsibility; however, I am aware that my colleague about this bill being part of our law and order platform the member for Burwood would also like to speak on and part of what we are doing to make people feel this bill. With those words I wish the bill a speedy safer. I have already talked about the presumption in passage.
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favour of disclosure. If the member was listening, he mean that mental health patients in the Bendigo region, would have heard that. But let us move on. including Castlemaine, Maryborough, Kyneton and Echuca, will no longer have face-to-face after-hours The other thing that we as a government are quite proud assessments done by on-call trained mental health of in terms of the law and order sphere is the clinicians. introduction of 1700 extra police. The member for Mount Waverley talked about the fact that we have Currently the on-call recall service operates as an already recruited up to 1250, and the number is rising. on-call face-to-face assessment service provided at We do not apologise for the fact that we are out there locations such as hospitals and police stations. A mental helping the police to catch the criminals. We are health clinician is called in during the night to assist the looking after those people who are victims. We are person to work through their problem and put a plan of making sure that the blight of leftie, pinko policies of action in place. However, under this proposal many the previous government, with its soft-on-crime more mental health patients will have to be transported attitude, is removed so that we can make people feel to Bendigo Hospital for assessment and treatment. The safe. I remember when I was campaigning in the police and ambulance services will be placed under election some two and a half years ago — — increasing pressure to convey patients suffering from mental illness to Bendigo. Mr McGuire — On a point of order, Speaker, can the member return to the bill? We know that our regional ambulance service is already under enormous pressure and at crisis point, The SPEAKER — Order! I thought the member and the minister should be well aware that shortfalls in was on the bill. I do not uphold the point of order. the mental health system are putting a significant strain on police. Cuts made to the police budget by the Mr WATT — This bill is part of what we are doing government have put increasing pressure on police to make people feel as though they are being looked resources. Division Commander Daryl Clifton of after and are safe. Bendigo police has described the growth in mental The SPEAKER — Order! The time appointed by health problems as astronomical and said that police sessional orders for me to interrupt business has now respond to about 50 callouts for attempted or threatened arrived. The honourable member may continue his suicide every month. The police cells in Bendigo are speech when the matter is next before the Chair. full and Bendigo, Health’s emergency department is stretched to the limit. The fact is that mental health Business interrupted under sessional orders. services in the Bendigo region are struggling to meet the demands of a growing population, and as the ADJOURNMENT minister would be aware, there has been a very significant and alarming increase in drug-related The SPEAKER — Order! The question is: psychosis, particularly from the use of the drug ice.
That the house now adjourns. In 2009 Bendigo Health attempted the withdrawal of this service, and the then Labor Minister for Mental Bendigo mental health services Health stepped in to prevent this from happening. In Ms EDWARDS (Bendigo West) — The matter I February this year the service was again under threat of raise is for the Minister for Mental Health, and the withdrawal with the CEO of Bendigo Health, John action I seek is for the minister to halt the plan by Mulder, claiming that the $100 000 needed for the Bendigo Health to withdraw the after-hours crisis service was unfunded. Mr Mulder then declared that the assessment mental health service in Maryborough, service would be retained following a funding Echuca, Castlemaine and Kyneton until a proper review announcement from the federal government. is completed to assess the potential impact of this Mr Mulder said the planned service reductions would decision on mental health patients, regional police, not be implemented. However, despite Mr Mulder’s regional ambulance services and allied health reassurances back in February, it would appear that this professionals. service is again under threat. It will be interesting to hear what the CEO’s reason for cutting the service will In a recent meeting with representatives of Bendigo be this time. Health’s mental health service it was confirmed that Bendigo Health is planning to withdraw its after-hours It is imperative that a review be conducted before this on-call service. This will be the third time Bendigo vital service is withdrawn. The welfare of the mental Health has attempted to withdraw this service. It will health patients in our regions must come first, and it is
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vital that those who would normally access this service, needs to be looked at to ensure that the intent of the and who may be better off being assessed in their own BMO is applied in a sensible manner. communities, not be disadvantaged by the withdrawal of this important service. There is also much concern over the cost of having a bushfire management statement prepared. I have been Bushfire management overlay quoted between $3500 and $4500 for this service, yet there is no guarantee that a building approval will be Mrs FYFFE (Evelyn) — My request for action is granted after the statement has been prepared. I ask the directed to the Minister for Planning, and the action I minister to take a look at what is happening with the seek is that he review the bushfire management overlay BMO. (BMO) to assess whether it is working as was intended when it was introduced in 2011. One of the Buckley Street, Essendon government’s landmark reforms has been the implementation of the recommendations of the 2009 Mr MADDEN (Essendon) — My adjournment Victorian Bushfires Royal Commission. matter tonight is for the attention of the Minister for Recommendation 39 was to introduce a new bushfire Roads, and I request that he direct VicRoads to management overlay into the Victoria planning undertake a review of the traffic light sequencing at the provisions, which has since been done by the Buckley Street boom gate interchange in Essendon, just government. The intent and benefit of the BMO is near Essendon railway station. The reason for my obvious — that is, to prevent a recurrence of what request is that a new light sequence has recently been happened in 2009 when people were living in introduced on the back of some work that was inadequate housing in locations at extremely high risk undertaken somewhere in the order of six months ago. from bushfires. Any government would be negligent if What has happened at that interchange is that a number it allowed those circumstances to recur. of streets that were not in the light sequence or did not have lights for entry onto Buckley Street have been Whilst asking the minister to conduct a review of how incorporated into the light sequencing, because they the BMO is working, I am mindful of the need to work now have lights of their own at those various to protect the community from the threat of bushfires. intersections. However, there have been several instances in the Yarra Ranges where landowners have not been permitted to There are a number of streets that intersect with build on land they own without a high cost being placed Buckley Street: there is Russell Street on the east side on them in meeting the council and the Country Fire of Essendon station; there is Rose Street on the west Authority’s (CFA) interpretation of the BMO planning side; and there is Sherbourne Street, which has now requirements. Of course the CFA is a referral authority been reversed as a one-way street, and that intersects for building or extending a building in bushfire-risk with the west side of Buckley Street. areas. There has also been a new pedestrian crossing I am being told of owners who have cleared or almost incorporated into Buckley Street that is heavily used at fully cleared house blocks that have, say, five or six peak hour by a number of schools in the area. That normal houses in the same vicinity, in some cases a pedestrian crossing was staggered so that the way it block with existing houses on three sides, where the operated was that you had to cross one lane, re-enter in cost of building to comply with the BMO is resulting in a sense the pedestrian crossing again through a owners walking away, leaving an empty block that is staggered mechanism and then cross the next lane. deemed virtually worthless. That, of course, has the Unfortunately — or fortunately in terms of the way it potential of those blocks of land, frequently surrounded now operates — because of the sequencing, when the by houses, being left untended and themselves boom gates come down the intersection closes up. All becoming a bushfire risk. those streets basically close up in one form or another, and often the operation of the pedestrian crossing At last week’s Yarra Ranges City Council meeting sequencing by school students who need to cross at Cr Fiona McAllister submitted a motion that council peak hour interacts with the boom gates to the point that write to the minister to have the BMO reviewed. Whilst if there is a series of trains — and I know a few more I do not agree with all the comments attributed to V/Line services run through there from Seymour — on Cr McAllister in the Lilydale and Yarra Valley Leader, the odd occasion there can be four trains travelling such as that the overlay was intolerable legislation and through during one boom gate operation, as well as the that the BMO is breaking down communities, I agree traffic lights taking the opportunity for traffic to cross. that the BMO interpretation by the council and the CFA
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But if pedestrians cross before or after that operation, from all over the world. I urge the minister to support then the crossing can be closed for up to 6 to 8 minutes. Yarrawonga in its quest to bring world-class events to Victoria. Given that at peak hour the traffic can bank up for some distance — in the evenings back into Mount Alexander Brea Roadley is a 16-year-old kayaker from Road and in the mornings right down to Lincoln Yarrawonga. I recently hosted Brea and her parents Road — I ask the minister to seek to have VicRoads here. She is already making her way in the kayaking undertake a review of that sequencing. world. We need to bring world-class events to our local communities so that local athletes like Brea can Yarrawonga sporting event funding compete against the best in the business, giving them an opportunity to gain valuable experience. I seek the Mr McCURDY (Murray Valley) — I raise a matter minister’s assistance. for the attention of the Minister for Sport and Recreation, and the action I seek is for financial Albert Park Primary School assistance to be given to two world-class events that are being hosted in my electorate — and here is the Mr FOLEY (Albert Park) — The matter I wish to minister coming in as I speak. raise is for the attention of the Minister for Education. The action I seek from the minister is that he join the Yarrawonga, which is one of the most livable towns in school council leaders and me in a visit to Albert Park all of regional Victoria, is located on the banks of the Primary School to learn why his government must fund mighty Murray River and is home to the Yarrawonga a Mod 10 double-storey portable building to be Football Netball Club, the Pigeons. Yarrawonga is also allocated and operational by the start of the 2014 perched on the shores of Lake Mulwala. It has a academic year. The minister will be aware of this issue magnificent setting. I am sure that I have painted the because of recent media attention and the public — if picture for members. This town attracts an amazing incorrect — statements ascribed to his office and number of tourists during the summer months. They department about the cause of the looming crisis in wine and dine and spend their days enjoying access to the school and the short and long-term waterskiing, boating, fishing and many other water solutions needed to overcome these problems. I have sports. The population quadruples during the also taken the opportunity to formally write to the summertime, and camping tourists use Yarrawonga as a minister on this issue. service centre. If ever there was a town that has capitalised on its location next to a lake, it is clearly As was set out in my correspondence, the school’s Yarrawonga. submission to the department and the recent media reports detail the challenges the school faces with yet I have been involved with swimming challenges, another record level of enrolment set for 2014. There kayaking, waterskiing, fishing and all the other water are currently some 462 students enrolled, and with four sports that members can think of. In 2014 Yarrawonga months to go until the new school year this number is will host the 2014 Murray Quad. This is the first World likely to rise as more families move into the school’s Quadrathalon Federation event to be held in the enrolment zone. Southern Hemisphere. I am not surprised that Yarrawonga has secured this magnificent event. It Albert Park Primary School is a successful, incorporates running, cycling, swimming and kayaking. well-supported school which continues to be the heart It will be held from 21 to 22 February and is expected of its community. Well run and linked to the extremely to attract a top international field. We know that a very successful Albert Park College as a feeder school, high percentage of the competitors who visit Albert Park Primary School is growing faster than the Yarrawonga for these events return with family average for other inner suburban schools. That Albert members after the events because it has been a Park Primary School has one of the smallest sized wonderful experience for them. footprints in Melbourne and certainly the lowest open space ratio per child of any school further compounds In 2014 Yarrawonga will also host the world barefoot the issues faced by this wonderful school. waterski titles. This is the perfect site to host such an event for all of the reasons that I mentioned earlier. The minister and his department are aware of the school Waterskiing is probably the main water sport in the council’s concerns. These include that in recent times region, although the Cod Classic in the first week of the school had to transform its libraries, art rooms and December certainly gives it a run for its money. The other areas into classrooms, as it has been scrambling to world barefoot water ski titles will bring competitors keep up with growth in the last three years. Lack of
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investment from the state makes it hard to keep up with The festival attracts interstate as well as international that growth. Measures employed by the school have tourism by premiering many events which are included the use of neighbouring council roads as presented exclusively at the Melbourne Festival. It was pop-up parks as it struggles to meet the demands its a pleasure a few weeks ago to host, along with the community places on it. Projections for more growth member for Bentleigh, Ruth Calderon, who is a within the school’s small enrolment zone make it member of the Knesset in Israel, has a passion for the particularly clear what happens when you hack arts and is looking to one day bring some of the acts in $500 million out of the state education budget over Israel to Melbourne, possibly for the 2014 or 2015 three consecutive budgets. festival.
The minister should be encouraged to take up this Other highlights of the festival include the return of the opportunity to come down and visit members of the Melbourne art trams, the 35 classic W-class trams school council and me so we can take him through the repainted by some of Australia’s most renowned artists. school’s plans. The minister might well seek to refer to There will also be the Foxtel Festival Hub, a pop-up the arguments used by his department, which include bar, club and performance space located on the Yarra that the government’s proposed school on Ferrars Street River which on its debut in 2012 attracted at Fishermans Bend is a means to help solve this 39 000 people. The Melbourne Festival brings to our problem. The minister needs to be aware that the great state unparalleled artists and audiences, both local growth of Albert Park Primary School is totally within and from across the globe. I am sure many people, its longstanding enrolment zone and that the proposed including people in this house, will be looking forward Fishermans Bend school, will not be operational until at to attending some of the 105 events, including the least 2017 given that the government has yet to actually 19 world premieres, the 13 Australian premieres and buy the site or allocate any funds to the project, making other great shows that will be hosted at the festival. As I that particular solution no solution at all. I ask the stated at the beginning, I ask the minister to assist with minister to make a date and come down to Albert Park funding to promote the Melbourne Festival to ensure Primary School. They are friendly people. that everyone is able to enjoy and be part of this outstanding event, which is unique to Melbourne. Melbourne Festival Metropolitan Fire Brigade mechanical Mr SOUTHWICK (Caulfield) — I wish to bring a workshop matter to the attention of the Minister for Tourism and Major Events. I refer to one of Melbourne’s Ms HALFPENNY (Thomastown) — I raise an longstanding signature cultural events, the Melbourne urgent matter with the Premier regarding the Festival, formerly the Melbourne International Arts Metropolitan Fire Brigade (MFB) mechanical Festival. The action I seek is that the minister assist in workshop. The action I seek is that the Premier give a providing some funding to maintain and promote this guarantee to the people of Victoria that the MFB fleet is great festival. Since its inception in 1986, the festival and will be 100 per cent ready and prepared for the has been positioned as Australia’s premier annual upcoming fire season. No doubt this government will celebration of the arts. It has an equally strong argue that the workers who maintain the fire trucks and reputation for presenting international events in theatre, other firefighting appliances do not hold front-line dance, opera, music, the visual arts, multimedia and positions. Right now the MFB workshop is seriously outdoor events, which are all showcased. This year the understaffed, and as a result of this and the festival is under the direction of two new leaders, with government’s backflip on the enterprise agreement, Ms Katie McLeish as the executive director. I wish her equipment and the entire MFB fleet are not adequately and her colleague all the best for a successful festival. maintained. Right now the 120 appliances in the MFB fleet — firefighting trucks made up of water fire trucks I am sure that my friends at the Glen Eira Artists and aerial rescue trucks — are over 400 maintenance Society would also appreciate the value of such a services behind. That means that each appliance has festival and would one day look at exhibiting some of missed out on at least the last three scheduled their great works. One world premiere at the current maintenance services. Those services are essential to festival, called ‘Reinventing the Wheel — the ensure that trucks do not break down at crucial Readymade Century’, will be at Monash University’s moments and can be relied upon by firefighting crew Museum of Art. It centres on the conversion of and the community. I am sure that I do not have to unadorned everyday objects into figures of high art. In explain how dangerous equipment failure could be in parallel with this exhibition will be a series of emergency situations in a bushfire. performances based on found sound by sound artists.
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I am shocked at the belligerent attitude of the Napthine customers with the information they need about their government. It just does not care. But the maintenance water consumption. The monitoring of real-time water workers at the MFB, members of the Australian consumption is now possible; the meters are available, Manufacturing Workers Union, do care. They have and a lot of IT is available to better manage our water been negotiating for an enterprise agreement for over resources. With better management comes better use. two years. They have not received a pay increase for Also if people monitor their consumption, they will use three years. An agreement was reached with the state only what they need. government under Premier Baillieu in November 2012, but in May the government advised that it was reneging The Wimmera–Mallee pipeline project was completed on that deal. under budget. I ask the minister to look at some IT solutions with the money left over in order to further This dispute is not about money. Maintenance workers enhance this great project. at the MFB are worried about their job security, they are worried about the government’s lack of Country Fire Authority Fiskville facility commitment to train apprentices and they fear for their livelihoods and the safety of the community. Mr HOWARD (Ballarat East) — I raise a matter for the attention of the Minister for Police and Wimmera–Mallee pipeline Emergency Services. The action I seek is that he investigate claims made by Mr Neville Callow in Mr CRISP (Mildura) — I raise a matter for the regard to the fumes, noise and debris impacting upon attention of the Minister for Water. The action I seek is his property next to the Country Fire Authority (CFA) for a resolution to be reached in regard to the allocation Fiskville training facility. of funds available from the underspend on the Wimmera–Mallee pipeline project. The Earlier today I was contacted by Mr Callow, who Wimmera–Mallee pipeline project is one of the great advised me that his property is less than 100 metres engineering feats of the late 20th century and one of the from the Fiskville test sites. He said that he has been largest distribution systems on earth. When originally diagnosed with a serious lung disorder which he conceived 100 years or more ago it was to have believes is the result of the smoke from training fires at 18 000 kilometres of channels. These channels have Fiskville which regularly blows across his property. He been replaced by some 8800 kilometres of pipeline. also said he believes this smoke has contaminated his This has been an incredible project for the people of the farm dam, which has resulted in the death of fish in the Mallee, and we need to pay tribute to John Forrest, dam. In more recent times explosives have often been ‘Mr Pipeline’, for his efforts in achieving this project. A detonated near his boundary as part of police training $688 million investment in the water security of the exercises. During these explosions — for which no Mallee is a truly remarkable achievement for anyone. warnings are given — the level of noise and We need to pay tribute to John’s foresight in achieving disturbance is often considerable, and concrete debris this project, particularly when we remember the last has sometimes fallen on his property. Mr Callow also drought. Without the Wimmera–Mallee pipeline, the blames the death of two calves on his property on these last drought would have been disastrous. explosions.
The Wimmera–Mallee pipeline system has Mr Callow has made contact with the CFA many times 12 700 customers, and prior to the pipeline being over the years and been told that the CFA believes he installed some 103 000 megalitres of water was lost to should be bought out to enable the CFA to extend the deliver 17 000 megalitres of water. As those storages buffer for its training activities. At one time some years fell during the drought, if we had still been ago Mr Callow was advised that an offer was experiencing those water losses, we would have had a imminent, but he was later told that the CFA board had disaster in the Mallee. I am sure that the Mallee would determined not to proceed with the purchase of his have run out of water. I believe the foresight and work property. More recently another offer for purchase has of John Forrest spared us from what would have been a been made, but the figure was well below Mr Callow’s huge tragedy in the Mallee. valuation.
Pipelines are 20th-century technology, and as we look Since rejecting this offer Mr Callow advises that he has forward it is clear that the 21st century will be about received no further advice from the CFA attempting to information technology. With the IT that is available to address his concerns. He has been advised that he monitor how water is used and the excellent pipeline should no longer write to the Victorian WorkCover delivery we have, the next step is to be able to provide Authority or other bodies to express his concern but
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should instead direct all correspondence to the officer in The Napthine government announced a $1 billion charge of the Fiskville training facility. This is a matter investment in safer roads on 1 March as part of of significant concern which comes on top of many Victoria’s new 10-year road safety strategy 2013–22. very serious health issues raised by firefighters who Victoria’s road safety strategy includes the intention of have taken part in training activities on this site over making our roads and roadsides safer by providing a many years. I ask the minister to investigate this matter boost in expenditure on the Safer Roads Infrastructure in regard to Mr Callow and ensure that he is given the program to $100 million per year over the next fair treatment he deserves. 10 years, or $1 billion over the life of the strategy. Baxter-Tooradin–Fisheries–Cannons Creek The additional investment for the Safer Roads roads, Devon Meadows Infrastructure program is part of the government’s commitment to building a better transport network for Mr BURGESS (Hastings) — This evening I raise a Victoria, providing important road safety upgrades for matter for the Minister for Roads. The action I seek local communities. The outstanding feature of the Safer from the minister is that he provide an update on the Roads Infrastructure program is that it is targeted at progress of preparation and works to upgrade a Devon areas where it can have a specific and immediate safety Meadows and Cannons Creek intersection in my benefit. The coalition government is taking action to electorate. I was pleased to announce that $2.96 million target these areas to prevent further crashes and to keep will be spent to massively upgrade safety at the Victorians safer on the road. By lifting the funding to staggered intersection of Baxter-Tooradin, Fisheries $100 million a year, hundreds of locations around the and Cannons Creek roads, on the border of Devon state will receive a safety improvement, which in turn Meadows and Cannons Creek. As this intersection is will have a significant impact on reducing road trauma. also just a short distance from Pearcedale and the coastal villages of Blind Bight and Warneet, those An evaluation of the effectiveness of the Safer Roads communities will also benefit from the improvement in Infrastructure program by the Monash University road safety. Accident Research Centre indicated that the program is reducing casualty crashes by 31 per cent. This vital The funding for these works has been allocated by the project further demonstrates the coalition government’s Napthine government in response to the significant strong commitment to improving our regional roads. history of collisions at this busy local intersection. The Victoria has had successive low road tolls, and we need upgrade of this intersection is great news for the to keep working to ensure that we continue to save residents of Devon Meadows and the coastal villages, lives. as well as the thousands of motorists who have to navigate it daily. A number of residents of the coastal Responses villages approached me asking for help to have the intersection upgraded. With the support of then Mr WALSH (Minister for Water) — I rise to Parliamentary Secretary for Transport and now respond to the adjournment issue raised by the member Minister for Liquor and Gaming Regulation, Edward for Mildura about the money that is left from the O’Donohue, an application for funding through the Wimmera–Mallee pipeline project, because there is a coalition government’s safer road infrastructure small underspend available from that project. In raising program was successful. that issue he also mentioned John Forrest, the federal member for Mallee. He is retiring on Saturday after a Over the five-year period ending June 2012 there were distinguished career representing that electorate since 10 crashes recorded at this intersection, of which 1993. John can be proud of many things in his career, 7 resulted in serious injury. This major safety upgrade but I think the thing he can be most proud of is the will include the installation of a new roundabout to work that he did in getting the federal government over slow motorists at the intersection and assist them in the line in putting in a third of the cost of the selecting a safe gap to enter the traffic. This upgrade Wimmera–Mallee pipeline project and what that has will improve safety, accessibility and traffic flow and done for the area. That was a more than $600 million remove confusion at the intersection. The coastal project in total. villages is a beautiful area with a very strong community feel, and it is therefore likely to grow over The member raised the issue around the underspend. I the coming years. It is important that intersections like can inform the member for Mildura that, with this operate with a good safety margin and the ability to agreement from the commonwealth earlier this year, continue to cope if there are increases in traffic $4.5 million was taken out of that money to assist with volumes. the decommissioning of the channels of the Wimmera
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irrigation system around Horsham. One of the things the capital contribution they need to make, they can that was negotiated as part of the Murray-Darling Basin become part of the system in the future. plan was the purchase of the total Wimmera irrigation entitlement by the commonwealth to meet the Ms ASHER (Minister for Tourism and Major environmental commitments on the Wimmera River for Events) — The member for Caulfield referred to the Lake Albacutya around Hindmarsh. From that Melbourne Festival and requested funding for the 2013 underspend, and with the agreement of the event, which will be held between 11 and 27 October. I commonwealth, $4.5 million was allocated to assist am pleased to advise the member for Caulfield, who with the decommissioning of the channels in that spoke extensively about this event, that funding of particular system. $50 000 will be provided by the coalition government to assist with interstate and international promotion to In the last couple of weeks I announced that $8 million increase visitation and economic yield to the state. The of federal money that was left in that underspend has member for Caulfield fully understands the importance now been allocated to what is called back-to-base of Victoria’s tourism industry and that Victoria’s arts metering on that particular project. It was something and culture is a key tourism product strength. Indeed it that was within the specifications of the project, so the is said that of all international visitors to Victoria, underspend is going to go back into projects that are in 60 per cent attend some type of cultural tourism the specifications of the business case for that particular attraction. Earlier in the week I was pleased to launch project. The back-to-base metering involves the the 18th edition of the Victorian cultural tourism guide, installation of 12 700 electronic meters that will provide and I commend the work of Cultural Tourism Victoria, real-time data back to base, as the name implies. The chaired by Dr Jacqueline Healy. data will be recorded live. Individual farmers will be able to use either their computer or their smart phone to The Melbourne Festival — on which the member log in to their particular meter and see their usage in spoke extensively, as I said — has continually real time. If they have a malfunction, such as a burst demonstrated its capacity to attract national and pipe, or if a float in a stock water trough has jammed international exposure and visitation during October, down and water is going to waste, they will know it and with last year’s event attracting 8801 interstate and be able to fix it. It is estimated that this will save international visitors. I thank the member for Caulfield 350 megalitres per year that would normally be wasted. for his support of this event and can assure him that the That water will instead go back into the pool for coalition government is proud to support this everyone to use. longstanding world-class arts and cultural event, which also brings in tourists. Another significant saving will come out of this project. It is estimated that staff of the water authority for the Ms WOOLDRIDGE (Minister for Mental Grampians, Wimmera and Mallee regions, GWM Health) — It is great to join the adjournment debate Water, drive about 30 000 kilometres a year in the tonight. There are so many ministers responding that process of reading meters four times a year to ascertain we all have to be brief. I thank the member for Bendigo people’s water usage. Savings from the reduction in West for raising the issue of Bendigo Health’s after travel will also mean there will be a saving for hours on call/recall service. I was pleased to support the customers because the authority will not be wearing out member getting a briefing from the senior staff of vehicles and using up staff time driving around to read mental health services in Bendigo Health last week so those meters. That is a great use of that $8 million from that she could gain a detailed understanding of how the commonwealth back into the Wimmera–Mallee these and other issues are being dealt with. She would pipeline project. GWM Water will obviously get a have heard details from those who were delivering benefit for its business, but more importantly the those services about how Bendigo Health is facing customers will get the benefit of having access to significant funding cuts by the federal government — real-time information about water usage so they can $2.69 million this year and $9.95 million over three pick up leaks and breaks, and there will be a saving of years — and as a result hard decisions need to be made. staff time from staff no longer having to drive around to read meters. The member requested that a review be conducted. Bendigo Health has reviewed this service. Essentially The rest of the underspend will be there for another what it found was that it is not a highly utilised service couple of other projects in the future. One of those is and that when it is used, it does not produce better bringing some of the outer areas into the pipeline. For outcomes for clients. In fact Bendigo Health found that example, if the people of Pella come together and get sometimes it may significantly slow the necessary
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service response for clients, and the system that is being sequencing of the lights, are creating a problem with put in place will address these issues. traffic build-up. Works were undertaken there something in the order of six months ago. I will get the Under the new arrangements hospitals and emergency regional manager to go out and conduct an services will still be able to access the 24-hour triage investigation of the traffic light sequencing for the service for advice, specialist assessment by telephone member of Essendon. I will ensure that the regional and support. These are matters for Bendigo Health to manager gets in contact with him and advises him as to manage, but it has been working through a process. It is what the outcome of the sequencing investigation has faced with some issues in terms of the cuts and also the been. quality of the service response for clients. I believe a good service will be able to be maintained in place. The member for Hastings is a very hardworking member, and he raised an issue with me in relation to Local agencies will also be upskilled to be able to deal safety improvements to the Baxter-Tooradin Road. He with mental health presentations in their local wanted some indication in terms of works that will be communities. A thorough process is being gone undertaken there. He would be aware that it is a through — the enterprise bargaining agreement requires staggered T-intersection off the busy Baxter-Tooradin that — and the member would have had that outlined to Road. It intersects with Fisheries Road, Devon her by the senior mental health staff that she met last Meadows, and Cannons Creek Road. There were week. Bendigo Health advises me that it has every 10 injuries in the last five years at that particular confidence that patient care is not at risk. There will be location. I know the member for Hastings has been very consultant psychiatrists available through telephone active in pushing for an upgrade of that particular triage all hours of the day and night; referrers such as intersection on behalf of his constituents. In such a busy police have been involved in the planning, and I am road there is a difficulty with vehicles finding a gap to advised that they support this process. enter the flow of traffic. The money that is being provided after strong lobbying by the member will It is very important that we get the facts and deal with assist with the establishment of a roundabout at that this appropriately. These are difficult issues for particular location. families. Bendigo Health is working through the process to make sure it is managed appropriately, and This money comes out of the very successful Safer of course the Victorian government will monitor the Roads Infrastructure program, which is funding of situation very closely to ensure that access to patient $100 million provided to VicRoads by the Transport care remains high. Accident Commission (TAC) of over 10 years. That $1 billion is going into upgrades to safety improvement Mr MULDER (Minister for Roads) — The member treatments right around the state to continue the great for Essendon raised an issue with me in relation to the record we have at this point in time in terms of traffic light sequencing in and around Essendon station, lowering Victoria’s road toll. Around the state we have which is an 1860 building with 444 car parks. I think at treatments such as safety barriers, guardrails, vegetation Russell and Rose streets there is a pedestrian underpass clearing, sealed shoulders, traffic signals, signage and that meets with the central platform. It is a very busy line marking, and a whole range of safety part of the area. I note that there are a number of improvements. We rolled out around 43 treatments this schools in that area. We have Penleigh and Essendon week at various locations around the state, and there Grammar School, St Columba’s College not far away, will be more to follow over the course of next year. St Monica’s College and also St Therese’s School at the other end, so I can imagine it is a very busy area. It was pointed out by Janet Dore, the CEO of the Transport Accident Commission, that this program, Mr Madden — Very Catholic. which has been evaluated by the Monash University Mr MULDER — Very Catholic? No, there is the Accident Research Centre, has led to a 31 per cent Penleigh and Essendon Grammar School. They would reduction in all casualty crashes. That is a fantastic have to have been fast runners in my day! outcome. We now have the ministerial road safety council, of which I am privileged to be the chair and But I can imagine that is a very busy area through the through which representatives of the TAC, VicRoads, day, with parents coming and going and students Victoria Police and the Department of Justice come accessing the railway station. Not far away you have together in a collaborative manner to get the best the Essendon cricket ground as well. My understanding possible outcomes on road safety. This is a great is that the lights at Russell Street, Rose Street and a program that is supported by the TAC. I know the couple of the other streets, plus the boom gate and the
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member for Hastings will be absolutely delighted once the opposition and its masters at the Australian that work is completed for his community. Education Union said we should sign up to.
Mr DIXON (Minister for Education) — The We are considering the application by Albert Park member for Albert Park raised an matter with me Primary School. I am very aware of it. I will not wait to regarding the provision of extra classroom space, more visit the school to process it. The process is now under specifically a Mod 10 double-storey relocatable way. classroom, at Albert Park Primary School and also asked me to visit the school. I certainly trust the word Mr DELAHUNTY (Minister for Sport and of the member on this. The information I have received Recreation) — I rise to respond to the matter raised is that the school has a growing population and there is with me tonight by the member for Murray Valley, who a need for a further two-storey relocatable classroom. as we all know is a great advocate for sporting events in The school community has also been in contact with his electorate. He is very active in his own right and his me. family is also very active. He spoke about the fantastic river town of Yarrawonga. I have been there many It might be a while before I can get out to visit the times. It is a superb town. A lot of water activities take school as I have a long line of visits lined up over the place there. The member spoke about waterskiing. He next three months — I think I am booked into also spoke about Brea Roadley, who is an extraordinary December now. Rather than just wait until that time, I kayaker. I just want to say to the member that it is great can say that the application is being considered. Over to have someone in this chamber who is passionate the last two budgets the government has allocated about sport and is a strong advocate for the athletes and $14 million for relocatable classrooms. Eight Mod 10s, sporting events in his electorate. which are the two-storey, environmentally sensitive buildings with double glazing, balconies and lifts, have As you know, Speaker, the Victorian coalition already been allocated and there is still some money government is committed to maintaining, developing remaining. Other relocatable classrooms will be and attracting new sporting events to Victoria. Sport allocated, and Albert Park Primary School is being plays a vital role in Victorian communities, especially considered for the remaining spend. in places like the electorate of Murray Valley. That is why the Victorian government has continued to invest I need to correct one thing the member for Albert Park in attracting the type of events that the member for said. He said the government has made $500 million Murray Valley spoke about tonight. worth of cuts in education. We have not done that. In fact Bill Shorten, the federal Minister for Education, I am pleased to announce an allocation of $10 000 in acknowledged that we have not done that when we the latest round of funding under the Significant were negotiating our funding agreement with the Sporting Events program for the two exciting events the federal government. Obviously the member for Albert member for Murray Valley spoke about tonight, which Park is in the wrong faction. I trust Mr Shorten. We are to be held in the Moira shire. Canoeing Victoria will have worked well together. He recognised the fact that receive $10 000 for the 2014 Murray Quad event, to be we have increased funding to primary and secondary held from 21 to 22 February 2014. As the member schools in every budget since we came to power. mentioned, the Murray Quad will be the first World Quadrathlon Federation event to be held in the On top of that record funding, we have negotiated an Southern Hemisphere. This is a first for Victoria and a extra $12.2 billion for Victorian schools over the next first for Yarrawonga. It shows again that we are the six years. This was recognised by the federal sporting capital of the world. We are doing some government and it agreed to give up control of the fantastic things in Victoria and Melbourne in relation to strings it was going to attach to that funding. It sport. This event will incorporate running, cycling, recognised that our distribution and funding methods in swimming and kayaking, and it is expected to attract Victoria are second to none and therefore do not need more than 200 participants, half of whom will come to be changed. The federal government recognised that from outside Victoria. we have been increasing funding to schools since we came to government. We were therefore able to reach The Victorian Waterski and Wakeboard Federation will an agreement based on the fact that the federal receive $10 000 towards the 2014 World Barefoot government recognised the amount we have already put Waterski Championships. I have done a lot of into education and noted our promise to deliver an extra waterskiing, but I did not quite master barefoot skiing. I $5.4 billion in the future. That money will be well spent had a couple of cracks at it, but it was a bit rugged for in the areas where it is most needed without the strings
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me. I was able to get through three buoys in the slalom course; I never quite got through the lot of them.
Mr Madden — There would have been a bit of water displacement.
Mr DELAHUNTY — There was a lot of water displaced, pushing it up. Waterskiing is a fantastic summer sport, and this is a fantastic event. Thankfully after the good rains we have had across much of Victoria we have lakes, rivers and streams with water in them so people can get out and participate in these water sports which the member for Murray Valley spoke about. The world titles event for barefoot waterskiing has junior, senior and open categories.
Events like the Murray Quad and the World Barefoot Waterski Championships show that our state is a leader in terms of providing sporting opportunities. These events encourage people to get involved in sport, and they provide a shot in the arm for the economy and a stimulus for local communities. Sport is a big driver of our economy and our culture. Through initiatives like the Significant Sporting Events program we can work together with councils and local members of Parliament to provide support for a wide range of sporting events that help keep Victoria in the national and international spotlight.
Mr KOTSIRAS (Minister for Multicultural Affairs and Citizenship) — The member for Evelyn raised a matter for the Minister for Planning. The action she sought was a review of the bushfire management overlay to see if it is meeting its objectives. I will refer that matter to the Minister for Planning for his direct response.
The member for Ballarat East raised a matter for the Minister for Police and Emergency Services requesting that he investigate the claims of a constituent relating to noise and fumes from the Country Fire Authority Fiskville training facility, and I will refer that matter to the minister for his direct response.
The member for Thomastown raised a matter for the attention of the Premier. She asked that he give a guarantee that the Metropolitan Fire Brigade fleet is ready for the fire season. I will refer that matter to the Premier.
The SPEAKER — Order! I thank all the ministers who came into the chamber tonight. It was excellent of them to be here. The house will now adjourn, and we will reassemble tomorrow at 9.30 a.m.
House adjourned 10.48 p.m.