20 July 1993 ASSEMBLY
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VIcroRIA PARLIAMENTARY DEBATES (HANSARD) FIFTY-SECOND PARLIAMENT SPRING SESSION 1993 Legislative Assembly VOL. 413 [From 20 Juiy 1993 to 5 October 1993J MELBOUIlNE: LV. NOR11l, GOVERNMENT PRINTER The Govemor His Excellency the Honourable RICHARD E. McGARVIE The Lieutenant-Govemor His Excellency the Honourable SIR JOHN McINTOSH YOUNG, AC, KCMG The Ministry [AS FROM 9 NOVEMBER 1992] Premier, and Minister for Ethnic Affairs ... The Hon. J. G. Kennett, MP Deputy Premier, Minister for Police and .. The Hon. P. J. McNamara, MP Emergency Services, Minister for Corrections, Minister for Tourism Minister for Industry and Employment ... The Hon. P. A. Gude, MP Minister for Roads and Ports ............ The Hon. W. R. Baxter, MLC Minister for Conservation and Environment, The Hon. M. A. Birrell, MLC and Minister for Major Projects Minister for Public Transport ............ The Hon. A. J. Brown, MP Minister for Natural Resources ........... The Hon. C. G. Coleman, MP Minister for Regional Development, ...... The Hon. R. M. Hallam, MLC Minister for Local Government Minister for Education .................. The Hon. D. I<. Hayward, MP Minister for Small Business, and Minister .. The Hon. V. P. Heffernan, OAM, MP responsible for Youth Affairs Minister for Community Services, and ..... The Hon. Michael John, MP Minister responsible for Aboriginal Affairs Minister for Housing, and Minister for ..... The Hon. R. I. Knowles, MLC Aged Care Minister for Agriculture ................. The Hon. W. D. McGrath, MP Minister for Planning ................... The Hon. R. R. C. Maclellan, MP Minister for Industry Services ............ The Hon. Roger Pescott, MP Minister for Energy and Minerals, and .... The Hon. S. J. Plowman, MP Minister Assisting the Treasurer on State Owned Enterprises Minister for Sport, Recreation and Racing .. The Hon. T. C. Reynolds, MP Minister for Finance .................... The Hon. I. W. Smith, MP Treasurer ............................. The Hon. A. R. Stockdale, MP Minister for Tertiary Education and ...... The Hon. Haddon Storey, QC, MLC Training, Minister for the Arts, and Minister for Gaming Minister for Health ..................... The Hon. M. T. Tehan, MP Attorney-General, Minister for Fair. ; ..... The Hon. J. L. M. Wade, MP Trading, and Minister responsible for Women's Affairs Parliamentary Secretary of the Cabinet ..... The Hon. Rosemary Varty, MLC FIFTY-SECOND PARLIAMENT-FIRST SESSION Members of the Legislative Assembly Member Diatrict Party Member Di.trict Party Andrianopoulos, Alex Mill Park ALP McLeUan, Frederick Peter Frankston East LP Ashley, Gordon Wetzel Bayswater LP MadeUan, Robert Roy Pakenham LP Baker, Ian Malcolm John Sunshine ALP Cameron Batchelor, Peter Thomastown ALP McNamara. Patrick John Benalla NP BUdstien. Craig Stephen MUdura LP Marple, Ms Carole Frances Altona ALP Brown, Alan John Gippsland West LP Maughan, Noel John Rodney NP ·Brumby, John Mansfield Broadmeadows ALP MicaUef, Edward Joseph Springvale ALP Clark, Robert \Wliam 80xHUI LP Mildenhal~ Bruce Allan Footscray ALP Coghill, Or Kenneth Alastair Werribee ALP Napthine, Or Denis Vincent Portland LP Cole, Neil Donald Melbourne ALP Pandazopoulos, John Dandenong ALP Coleman, Geoffrey Charles Bennettswood LP Paterson. Alister Irvine South Barwon LP Cooper, Robert Fitzgerald MOmington LP Perrin, David John Bulleen LP Cunningham, David John Melton ALP Perton. Victor John Doncaster LP Davis, George Ian Essendon LP Pescott, Roger Mitcham LP Dean, Robert Logan Berwick LP Peulick, Mrs Inga Bentleigh LP Delzoppo. John Edward Narracan LP PhiUips, Wayne Eltham LP DoUis, Demetri Richmond ALP Plowman, Anthony Fulton Benambra LP Doyle, Robert Keith Bennett Maivern LP Plowman, Sidney James Evelyn LP Elder, Stephen Noel Ripon LP Reynolds, Thomas Carter Gisborne LP Elliot, Mrs Lorraine Clare Mooroolbark LP Richardson. John Ingles Forest Hill LP Finn. Bernard Thomas TuUamarine LP Roper, Thomas WiUiam Coburg ALP Christopher Rowe, Gary James Cranbourne LP Garbutt, Mrs Sherryl Maree Bundoora ALP Ryan, Peter Julian Gippsland South NP Gude, PhUlip Archibald Hawthorn LP Sandon. Malcolm John Carrum ALP Haermeyer, Andre Van Yean ALP Seitz, George Keilor ALP Hamilton. Keith Graeme Morwell ALP Sercombe, Robert Charles Niddrie ALP Hayward, Donald Keith Prahran LP Grant Heffeman, Vmcent Patrick, Ivanhoe LP Sheehan. Anthony John Northcote ALP OAM Smith, Emest Ross Glen Waverly LP Henderson. Mrs Ann Mary Geelong LP Smith, lan Winton Polwarth LP Honeywood, PhiUip Neville Warrandyte LP Spry, Garry Howard Bellarine LP Hyams, Anthony Jonathan Dromana LP Steggall, Barry Edward Swan Hill NP Jasper, Kenneth Stephen Murray Valley NP Hector JeRkins, Geoffrey Paul Ballarat West LP Stockdale, Alan Robert Brighton LP John, Michael Bendigo East LP Tanner, Edgar Miles Caulfield LP Kennett, Jeffrey Gibb Burwood LP Ponsonby Kilgour, Donald Shepparton NP Tehan. Mrs Marie Therese Seymour LP Kirner, Ms Joan Elizabeth, WLlliamstown ALP Thompson. Murray Hamilton Sandringham LP AM Thomson, Kelvin John Pascoe Vale ALP Leigh, Geoffrey Graeme Mordialloc LP Thwaltes, Johnstone William Albert Park ALP Leighton, Michael Andrew Preston ALP Traynor, Barry Edward Ballarat East LP Loney, Peter James Geelong North ALP Treasure, David Lewis Gippsland East NP Lupton. Hurtle Reginald, Knox LP Turner, Maxwell John Bendigo West LP OAM,JP Vaughan. Or Gerard MarshaU Clayton ALP McArthur, Stephen James Monbulk LP Wade, Mrs Jan Louise Murray Kew LP McGill, Mrs Denise Oakleigh LP Weideman. George, Graeme Frankston LP McGrath, John Francs Warmambool NP Wells, Kimberley Arthur Wantima LP McGrath, WLlliam Desmond Wmunera NP WLlson. Mrs Janet Tmdale Dandenong North ALP Calder ·Elected 18.9.93 FIF1Y-SECOND PARLIAMENT-FIRST SESSION Speaker: The Hon. J. E. DEUOPPO Chairman of Committea: Mr J. F. McGRAm Temporary Chairmen of Committees: Or Coghill, Mr Cooper, Mr Cunningham, Mr Jasper, Mr Maughan. Mr Perrin. Mr Richardson. Mr E. R Smith, Or Vaughan. and Mr Weidernan Leader of the Parliamentary Liberal Party and Premier: The Hon. J. G. KENNETI Deputy Leader of the Parliamentary Liberal Party: The Hon. P. A. GUDE Leader of the Parliamentary National Party and Deputy Premier: The Hon. P. J. McNAMARA Deputy Leader of the Parliamentary National Party: The Hon. W. D. McGRArn Leader of the Parliamentary Labor Party and Leader of the OppMition: The Hon. J. M. KENNAN, QC (Until 29 June 1993] The Hon. J. M. BRUMBY (From 28 September 1993] Deputy Leader of the Parliamentary Labor Party and Deputy Leader of the OppMition: Mr R. C. G. SERCOMBE (Until 29 June 1993] Mr R. C. G. SERCOMBE (From 28 September 1993] Deputy Leader of the Parliamentary Labor Party and Ading Leader of the Oppolition: Mr R. C. G. SERCOMBE (From 29 June 1993] Heads of Parliamentary Departments Council-Clerk of the Parliaments and Clerk of the Legislative Council: Mr A. V. Bray Assembly-Clerk of the Legislative Assembly: Mr J. G. Little, JP Hansard-Chief Reporter: Mr Eric Woodward Library-Librarian: Mr B. J. Davidson House-Secretary: Mr W. F. McKelvie PHOTOGRAPHING OF PROCEEDINGS Tuesday, 20 July 1993 ASSEMBLY Tuesday, 20 July 1993 QUESTIONS WITHOUT NOTICE The SPEAKER (Hon. J. E. Delzoppo) took the chair at 2.7 p.m. and read the prayer. MABORULING PHOTOGRAPHING OF PROCEEDINGS Mr SERCOMBE (Acting Leader of the Opposition) - I direct to the attention of the The SPEAKER - Order! I advise the House that Minister responsible for Aboriginal Affairs I have given permission for the Age and the comments made by the Premier on 10 July about the Australian newspapers to take still photographs of High Court's Mabo decision. I ask the Minister what question time today. No additional lighting or advice he or his department gave to the Premier flashlights will be used. concerning the Premier's claims that suburban homes could be subject to land claims. I also ask the RESIGNATION OF HONOURABLE Minister whether he will table that and any other MEMBERFORBROADMEADOWS advice his department has given to the Premier about the Mabo ruling. The SPEAKER - Order! On Tuesday, 29 June 1993, I received the following letter of Mr JOHN (Minister responsible for Aboriginal resignation from the honourable member for Affairs) - I thank the temporary Leader of the Broadmeadows: Opposition for his question. As the Minister responsible for Aboriginal Affairs I have taken the Dear Mr Speaker, trouble over the past few months to acquire advice from various eminent persons throughout Australia I am writing to advise you that I am today resigning as on the Mabo ruling, which is very complex and a member of the Legislative Assembly. which has varying ramifications for different States. I advise all honourable members that as a Honourable members interjecting. consequence of that resignation I have today signed a notice of intention to issue a writ on Friday, 23 July The SPEAKER - Order! I do not want to take 1993 nominating 18 September 1993 as the date for action against any honourable member, but if the by-election for the seat of Broadmeadows. necessary I will. OPPOSITION LEADERSHIP Mr JOHN - There are many legal views as to the implications of Mabo throughout Australia. The Mr SERCOMBE (Acting Leader of the Premier has the right to comment on those matters Opposition) - Mr Speaker, I advise the House that, as they arise during public debate. It is right and consequent upon the resignation from the proper for the Premier -- Legislative Assembly of the former Leader of the Opposition, the Honourable Jim Kennan, I am acting Mr ROPER (Coburg) - On a point of order, as Leader of the Opposition in the Legislative