PARLIAMENT OF VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

LEGISLATIVE ASSEMBLY

FIFTY-SEVENTH PARLIAMENT

FIRST SESSION

Wednesday, 13 November 2013 (Extract from book 15)

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

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, 13 NOVEMBER 2013 STATEMENTS ON REPORTS Family and Community Development PETITIONS Committee: Betrayal of Trust ...... 4004, 4005, 4006, Cyril Jewell House ...... 3977 4007, 4008, 4009 FAMILY AND COMMUNITY DEVELOPMENT Economic Development and Infrastructure COMMITTEE Committee: local economic development Betrayal of Trust ...... 3977 initiatives ...... 4008 DOCUMENTS ...... 3977 DOMESTIC ANIMALS AMENDMENT BILL 2013 MEMBERS STATEMENTS Statement of compatibility ...... 4010 Fruit industry employment program ...... 3977 Second reading ...... 4012 Dookie Quarry Epitheatre ...... 3977 ELECTRICITY SAFETY AMENDMENT (BUSHFIRE Remembrance Day ...... 3978, 3979, 3983, 3984 MITIGATION) BILL 2013 Car window tinting ...... 3978 Statement of compatibility ...... 4013 McHappy Day ...... 3978 Second reading ...... 4014 Firefoxes ...... 3978 OWNERS CORPORATIONS AMENDMENT BILL 2013 Tamil and Sinhala cultural celebrations ...... 3978 Statement of compatibility ...... 4015 Alf Tallon ...... 3978 Second reading ...... 4015 Parliament House Melbourne Cup reception ...... 3979 QUESTIONS WITHOUT NOTICE Pelikan Société opening ...... 3979 Speaker ...... 4016 Port of Hastings Development Authority Child abuse inquiry recommendations ...... 4017 information sessions ...... 3979 City of Greater Geelong mayor .. 4018, 4020, 4021, 4022 Victorian Indigenous Art Awards ...... 3979 Child protection initiatives ...... 4019 Lynden Aged Care residential facility ...... 3979 Regional Victoria Living Expo ...... 4020 Burwood Village Traders Association ...... 3979 Wear Orange Wednesday ...... 4021 Samarinda Aged Services ...... 3980 Public transport network performance ...... 4022 St Mary Magdalen’s Primary School jubilee fete .... 3980 TRAVEL AGENTS REPEAL BILL 2013 Ceres Calisthenics Club ...... 3980 Statement of compatibility ...... 4023 Roberts McCubbin Primary School Artists Second reading ...... 4023 Camp Fair ...... 3980 Vic Marketeer market, Burwood ...... 3980 CRIMES AMENDMENT (INVESTIGATION POWERS) Werribee Mercy Hospital emergency BILL 2013 department ...... 3980 Second reading ...... 4025 Northern Victoria farmers ...... 3980 Consideration in detail ...... 4027 State Emergency Service staff and volunteers ...... 3981 Third reading ...... 4031 Australia Post regional and rural services ...... 3981 DISABILITY AMENDMENT BILL 2013 Electoral boundaries redivision ...... 3981 Second reading ...... 4031 Republic of Turkey 90th anniversary ...... 3981 Consideration in detail ...... 4068 Horace Petty public housing estate adventure PERSONAL EXPLANATION playground ...... 3981 Premier...... 4074 RACV Victorian Tourism Awards ...... 3981 ADJOURNMENT Bendigo TAFE ...... 3981 Port of Melbourne capacity ...... 4074 Government financial management ...... 3982 McKinnon Primary School ministerial visit ...... 4074 Volleyball gambling ...... 3982 Castlemaine Health funding ...... 4075 Mordialloc College arts show ...... 3983 Mallee environmental water allocations ...... 4076 Mentone scouts ...... 3983 Police schoolies week resources ...... 4076 Mordialloc Motor Yacht Club ...... 3983 Sandringham electorate sporting facilities ...... 4077 Friends of Elwood RSL ...... 3983 Frankston cenotaph relocation ...... 4077 Cara Inc...... 3983 Bushfire management overlay ...... 4078 Mount Waverley Primary School ...... 3983 Farm worker death inquiry ...... 4078 Syndal South Primary School ...... 3983 Bushfire zone building regulations ...... 4078 Alexander ‘Toppy’ Topp ...... 3984 Responses ...... 4079 St Mary’s House of Welcome...... 3984 Moorabbin Primary School ...... 3984 Macedonian Glendi ...... 3984 Beis Menachem Community Centre ...... 3984 Mount Helen Country Fire Authority station ...... 3985 Parliament House school visits ...... 3985 MATTERS OF PUBLIC IMPORTANCE Government financial management ...... 3985

PETITIONS

Wednesday, 13 November 2013 ASSEMBLY 3977

Wednesday, 13 November 2013 DOCUMENTS

The SPEAKER (Hon. Ken Smith) took the chair at Tabled by Clerk: 9.34 a.m. and read the prayer. Surveillance Devices Act 1999 — Report of the Victorian Inspectorate under s 30Q. PETITIONS MEMBERS STATEMENTS Following petition presented to house: Cyril Jewell House Fruit industry employment program

To the Legislative Assembly of Victoria: Mrs POWELL (Minister for Local Government) — On Friday, 8 November, I had the honour on behalf of The petition of the following residents of Victoria draws to the Minister for Agriculture and Food Security to the attention of the house that: launch the fruit industry employment program in 1. the Napthine Liberal government’s move to Shepparton East. I was joined by Chris Norman, the privatise public sector aged care in Victoria means CEO of Goulburn Broken Catchment Management that Cyril Jewell House in Keilor East is at risk of Authority; Gavin Hanlon, the managing director of privatisation or closure; Goulburn-Murray Water; crew workers; and 2. despite an ageing population, the Baillieu-Napthine participants in the program. government has closed public sector aged care facilities in Ballarat, Castlemaine, Koroit, Kyneton, Goulburn Broken Catchment Management Authority Melbourne and Williamstown and privatised one received $2 million from the Victorian government to facility in Rosebud; coordinate the program, with support from 3. the 2012–13 Victorian state budget update Goulburn-Murray Water, the Department of foreshadows cuts to public sector aged care of Environment and Primary Industries, Parks Victoria, $25 million in 2014–15 and $50 million in Greater Shepparton City Council and Moira Shire 2015–16; and Council. The program will enable up to 40 orchardists or orchard workers who have been affected by SPC 4. Mr Napthine’s plans to privatise aged care would significantly remove choices for Victorian families. Ardmona fruit intake cuts to have paid employment for up to 12 months. This work includes fencing, pest plant The petitioners therefore request that the Legislative and animal control, environmental works and, for the Assembly of Victoria urgently calls on the Napthine first time, some administration work. So far government to stop the privatisation or closure of Cyril Jewell House in Keilor East. 27 orchardists and orchard workers have gone through the appropriate training. This is a great opportunity for By Mr CARROLL (Niddrie) (38 signatures). them to gain skills that could lead to work off the orchard or return them to their orchards. Tabled. Dookie Quarry Epitheatre Ordered that petition be considered next day on motion of Mr CARROLL (Niddrie). Mrs POWELL — I congratulate the Dookie Arts Committee on its commitment and dedication to FAMILY AND COMMUNITY supporting its community and on successfully applying DEVELOPMENT COMMITTEE for the Regional Arts Victoria Small Towns Transformation grant from the state government. I Betrayal of Trust thank the Minister for the Arts for enabling Dookie to receive $350 000 for its project. This funding will Mr McGUIRE (Broadmeadows) presented report transform the Dookie quarry into a major regional on inquiry into handling of child abuse by religious Victorian performing arts venue, to be known as the and other non-government organisations, together Dookie Quarry Epitheatre, utilising state-of-the-art with appendices and transcripts of evidence. technologies in light, sound and projection. I congratulate Helen Kelly on her appointment as the Tabled. artistic director. Ordered that report and appendices be printed.

MEMBERS STATEMENTS

3978 ASSEMBLY Wednesday, 13 November 2013

Remembrance Day Firefoxes

Mr DONNELLAN (Narre Warren North) — I Ms McLEISH — Already recognised by many for congratulate the Dandenong RSL — including John, its great work in communities impacted by fire, flood Bill, Phil, Frank, who is currently in hospital, and Judy and cyclone, Firefoxes Australia is now able to add Murdoch — on the Remembrance Day ceremonies it another accolade to its collection. On Saturday night it put on this week on 11 November at the Pillars of was awarded the Prime Super Community Group of the Freedom in Dandenong and also on the ceremony it put Year award at the 2013 Regional Achievement and on last week at the Endeavour Hills War Memorial in Community Awards in Bendigo. front of the Endeavour Hills shopping centre. The members of the RSL do a great job, work very hard and Firefoxes was established in the Kinglake Ranges in the do great volunteer work for returned soldiers. weeks following the Black Saturday bushfires. Its members work to set women on the path to recovery by Car window tinting reconnecting them with each other and their communities. I want to congratulate Jemima Richards Mr DONNELLAN — On a separate matter, I and Kate Riddell for their commitment, dedication and recently received a letter from Bayside City Council in continued inspiration. These two young women are the relation to a motion passed by Cr Felicity Frederico and driving force behind Firefoxes. a paper by the Institute of Transport Engineers, Australia and New Zealand section. Both documents Tamil and Sinhala cultural celebrations express concern and ask that I request the Minister for Roads to review the road safety vehicle regulations Ms D’AMBROSIO (Mill Park) — I am pleased to relating to window tinting levels, due to increasing recount to the house a couple of events which recently evidence that window tinting has a detrimental effect took place in my electorate that celebrated Tamil on road safety. The current standards that we have in culture and Sinhalese culture. The Whittlesea Tamil Victoria, which were agreed to some years ago, I think Association is a large community organisation. It hosts in 1999, breach the Australian Design Rules a radio program, which has a huge following, on local recommendations. The recommendations are that most station Plenty Valley FM. On Sunday, 10 November, if not all countries that are leaders in road safety require the association held its annual hopper night at the a minimum of 70 per cent of light transmission through Epping Memorial Hall, which 500 people attended. the driver’s side windows. We currently do not have There was fantastic entertainment on the night, that requirement, and I urge the minister to review it. including singing, dancing and comedy with comedians in the making — many of them have got a way to go, McHappy Day but they certainly were entertaining. It was a memorable occasion, with many of the association’s Ms McLEISH (Seymour) — I spent a very busy sponsors in the audience. I congratulate the association few hours supporting McHappy Day at McDonald’s in for another terrific night of entertainment and Seymour on the weekend. I delivered food to the celebration. drive-through customers and was ably assisted by Carly Stasiak, the crew trainer, who showed me the ropes and The Tamils Senior Social Club celebrated the Diwali made sure we kept on top of things. I want to festival on Saturday, 2 November, at the Mill Park acknowledge the others I worked with, including community centre. A number of young girls performed Sophie Stasiak, Millie Brock and Sarah Marshall, who dances for the benefit of the seniors of the community. showed me the ropes last year. Big thanks to the store It was a wonderful afternoon well spent. manager, Sandy Tan, and the event manager for the day, Michael Wells. Michael’s enthusiasm was evident, The Sinhala community in my electorate is committed and he did a great job. I was touched to hear him say to education and providing strong language services to that he wanted to give back because when he was the community. It also celebrated the Diwali festival in younger his family had used Ronald McDonald House. fine form. The team did a great job and certainly seemed to enjoy the day and support the cause. I also want to recognise Alf Tallon other restaurant staff who volunteered in various ways Mr BURGESS (Hastings) — On 22 October I on the day. Thanks also to the many families in and attended a public wake and celebration of the life of a around Seymour who supported the day. It was a great well-known and respected Hastings identity, Alf team effort in the town of Seymour. Tallon. Mr Tallon was a justice of the peace, who

MEMBERS STATEMENTS

Wednesday, 13 November 2013 ASSEMBLY 3979

served in many community organisations and operated Victorian Indigenous Art Awards a very successful real estate business in Hastings for many years. I extend my condolences to his family and Ms KNIGHT (Ballarat West) — I would like to talk friends and join my community in mourning the loss of this morning about the recently held Victorian one of its favourite sons. Indigenous Art Awards and to firstly say how proud I was that these prestigious awards were held at the Art Parliament House Melbourne Cup reception Gallery of Ballarat, which is directed so well by Gordon Morrison and his board members. I would also Mr BURGESS — I was pleased to attend a like to acknowledge the presence of the Minister for the parliamentary reception for one of Melbourne’s greatest Arts at these awards. Many fine artworks were on sporting events, the Melbourne Cup. The reception took display, and the award recipients gave amazing and place in Queen’s Hall on 29 October, and those in heartfelt speeches. It was a great honour to be in their attendance took great pleasure in having a close look at presence and to celebrate their lives and work, as well the 2013 Melbourne Cup trophy. It was a historic as their significant contributions. The art gallery occasion, being the first time the Melbourne Cup had purchased a work by a local artist, Aunty Marlene made an official visit to the Victorian Parliament. Gilson, a Wathaurong elder. It is a sensational piece that depicts the role of Aboriginal people at the Eureka Pelikan Société opening Stockade.

Mr BURGESS — It was a great pleasure to be in I want to talk in particular about a young local artist, attendance on 10 November at the official opening of Joshua Muir, who I have known now for a few years the newest food and social venue in Hastings, Pelikan and who I deeply admire. I first met Josh when he won Société at 2 Marine Parade. I wish the new cafe owners the art prize at the launch of Mental Health Week a few Michael and Toula all the best with this excellent small years back, and I immediately commissioned him to do business enterprise. Judging from the wonderful some paintings for my office. They are magnificent, ambience, food and beverages available on the day it colourful and modern pieces that always attract will be a huge success. comments from those who meet in my office. Josh is certainly someone to watch. He is a great artist, an Port of Hastings Development Authority active member of our community and a strong and information sessions resilient young man. I congratulate him for his inclusion in these awards and for his determination to Mr BURGESS — I would like to thank CEO Mike establish himself as an accomplished artist. Lean and his team from the Port of Hastings Development Authority for conducting very I also want to acknowledge the contribution at the informative port of Hastings information sessions at Victorian Indigenous Art Awards of Uncle Brian, who Hastings and Phillip Island earlier this month. These did the smoking ceremony and a wonderful welcome to information sessions were the beginning of what is to country. It really was a great day, and it was a privilege be an ongoing two-way flow of communication to be there. between the Port of Hastings Development Authority and the community. They are intended to ensure that Lynden Aged Care residential facility the authority has the benefit of ongoing and open input from the community and that the community is kept Mr WATT (Burwood) — On 6 November I fully informed of the authority’s plans and progress. attended the official opening of the Lynden Aged Care independent living units in Camberwell to take part in Remembrance Day the official ribbon-cutting ceremony. I congratulate Ann Turnbull and the team on their efforts to redevelop Mr BURGESS — It was a great honour to give the the nursing home and wish them well with the program. Remembrance Day address at the Pearcedale Remembrance Day service at the Pearcedale Public Burwood Village Traders Association Hall on Monday. The Pearcedale Remembrance Day service is in its 10th year. Ten years ago the first service Mr WATT — On 6 November I attended the included raising the Australian flag on the newly Burwood Village Traders Association annual general erected flagpole outside the Pearcedale Public Hall in meeting (AGM). I congratulate Bernadette Roach on front of a crowd of 60 people — — her efforts to help the Burwood Village prosper throughout the year, noting that the association has The SPEAKER — Order! The member’s time has expired.

MEMBERS STATEMENTS

3980 ASSEMBLY Wednesday, 13 November 2013

been successful in being awarded two Streetlife grants Werribee Mercy Hospital emergency by the Victorian government in recent times. department

Samarinda Aged Services Mr PALLAS (Tarneit) — I rise to speak on the Napthine government’s failure to address the increasing Mr WATT — On 7 November I attended the demand being placed upon the Werribee Mercy annual general meeting of Samarinda Aged Services in Hospital’s emergency department. Annual reports Ashburton. I congratulate Katrina Thurston and the tabled in the Parliament in the last sitting week reveal team on all their efforts to redevelop the nursing home what many local residents already know — that the and wish them well with the program. I particularly state’s health system is struggling to cope and is starved want to pay tribute to the award-winning catering staff. of resources due to $826 million in Napthine government cuts. It beggars belief that the Werribee St Mary Magdalen’s Primary School jubilee Mercy has had 264 patients languish in the emergency fete department for over 24 hours in the last year. Over 30 per cent of emergency presentations were not Mr WATT — On 10 November I attended the assessed within 4 hours. Thirty per cent of triage St Mary Magdalen’s Primary School’s jubilee fete in categories 1–5 emergency patients were not seen within Chadstone to assist with the sausage sizzle and enjoy clinically recommended times. Ambulance ramping the rest of the fete. I congratulate Mel Joyce and the continues to be a serious issue at the Werribee Mercy, team, along with principal, Dr Helen Healy, and Father with 16 per cent of ambulance transfers taking over Chris Toms on such a well-run event. The souvlakis 40 minutes. were a tremendous hit, which had an effect on the sausage sizzle. The staff at the Werribee Mercy do the best they can with limited resources. It is of grave concern that the Ceres Calisthenics Club Napthine government wants to put more pressure on an Mr WATT — On 10 November I attended the emergency department that is already struggling under Ceres Calisthenics Club’s annual display at the Besen the pressure of Wyndham’s growing population by not Centre in Burwood. Congratulations to Julie Jellis and providing adequate funds and support for the dedicated all the girls on such a great display and an amazingly staff to do their job as effectively as possible. The successful year. It is a great privilege to be the patron of Napthine government must invest adequate funds so such a wonderful club. that the members of the Wyndham community can feel confident that they or their loved ones will be treated in Roberts McCubbin Primary School Artists a timely manner if they have to go to the emergency Camp Fair department at Werribee Mercy.

Mr WATT — On 9 November I attended the Northern Victoria farmers Roberts McCubbin Primary School Artists Camp Fair in Box Hill South to assist with the sausage sizzle and Dr SYKES (Benalla) — Last week the Minister for enjoy the rest of the fair. I congratulate the parent Agriculture and Food Security, the Member for Murray organisers, along with principal, Margaret Pickburn, on Valley and I met with local grain growers who have such a well-run event. The quality of the art was again been hit hard by recent frosts. Whilst despondent about superb, and the atmosphere on the day was evident of seeing their bumper crops being hit hard by the frosts, the way the school operates. the grain growers were already displaying their resilience by planning their marketing options for the Vic Marketeer market, Burwood crop and planning for next year’s planting. Grape growers and orchardists have also been hit very hard. Mr WATT — On 9 November I attended the Vic Marketeer market at Burwood Neighbourhood House, The local economies will also be impacted by the following on from its previous market at the 9th Box significant decrease in the grain growers’ projected Hill scouts hall. I particularly want to pay tribute to incomes. But as with previous tough times, the farmers Rosa for her twisted potatoes, which were a real treat. are coming together and supporting each other, and Congratulations to Helen Godfrey and all those over the next few weeks the broader community involved on such a well-run series of markets, and I support efforts will also kick in. It is critical that all of wish them good luck for future events. Anyone wishing us recognise that it is our farmers who grow the food to know the dates for future markets are welcome to that we eat and who generate much of the export contact my office. income which underpins our strong economy.

MEMBERS STATEMENTS

Wednesday, 13 November 2013 ASSEMBLY 3981

State Emergency Service staff and volunteers Prahran electorate, which will in future take in both sides of St Kilda Road. I was pleased to meet with the Dr SYKES — I wish to acknowledge the work of Club 3004 group to discuss these changes and the our State Emergency Service (SES) staff and exciting opportunities the new boundaries present. It volunteers. We have SES units in many of the towns in will enable a coherent plan to be developed for this the Benalla electorate, including Benalla, Euroa, premier boulevard, incorporating everything from trees Mansfield, Bright, Myrtleford, Falls Creek, and nearby to cycling lanes to marketing. I look forward to getting Alexandra. The volunteers turn out to road accidents, to know these new residents in my area and floods, storms and fires, providing a helping hand when representing them in the Victorian Parliament. individuals and communities are most in need. Thank you also to the families and employers of SES Republic of Turkey 90th anniversary volunteers, who support the volunteers in their service to others. Mr NEWTON-BROWN — I attended the 90th anniversary of the foundation of the Republic of Australia Post regional and rural services Turkey. Well done to Yusuf Vanlioglu, president of the Council of Turkish Associations of Victoria. The Ms ALLAN (Bendigo East) — I am extremely council does valuable work within the Turkish concerned that regional businesses and communities in community, promoting public knowledge of Turkish Victoria will be disadvantaged by a decision by culture, history and people, facilitating cultural Australia Post to cut the next-day delivery service for exchange, fostering friendship and communication regional centres. The next-day mail service has been a between Australia and the Turkish community and service provided to regional Victorians by Australia other countries, providing a voice to the views of the Post for the last 35 years. By ‘next day’ what is meant Turkish community and supporting the settlement of is that for mail going from one regional centre to people from Turkey. Well done to this organisation, another — from Bendigo to Geelong or Bendigo to and it was a great night. Ballarat or indeed from those regional centres to Melbourne — businesses and communities are Horace Petty public housing estate adventure guaranteed a next-day service. playground

Disappointingly, Australia Post wants to reduce the Mr NEWTON-BROWN — I was proud to open service to country Victorians to a second or even the Horace Petty estate adventure playground with the third-day delivery service — and even then, not meet Minister for Children and Early Childhood that target 100 per cent of the time. Businesses and Development, Ms Lovell, recently. This is a communities will be affected by the loss of certainty magnificent new playground. It has a half-court around the next-day delivery service. It is a particular basketball court, an in-ground trampoline and new issue for businesses given that they need to be able to kitchen facilities to provide breakfast for kids before efficiently and quickly get their goods to their they go to school. customers on a next-day delivery time line. This extra delivery time will potentially cost them both dollars and RACV Victorian Tourism Awards customers. Mr NEWTON-BROWN — This week I attended It is also very worrying that this decision will lead to the RACV Victorian Tourism Awards with the job losses at regional mail centres in Seymour, Minister for Tourism and Major Events, Ms Asher. Morwell, Bendigo, Ballarat and Geelong, as all mail Well done to the winners as well as the other entrants, will be centralised in Melbourne. This is not good all of whom help to sustain a tourism workforce of over enough. Regional Victorians deserve to have their 200 000 and contribute to the state’s $19 billion tourism service maintained. We want to see the Denis Napthine industry. state government stand up to the Tony Abbott-led federal government and demand that these jobs be kept Bendigo TAFE in regional areas and this service be kept by Australia Post. Ms EDWARDS (Bendigo West) — When Bendigo TAFE was hit by the Liberal-Nationals government’s Electoral boundaries redivision massive funding cuts there were job losses, course cuts and massive fee hikes. The cuts put Bendigo TAFE in a Mr NEWTON-BROWN (Prahran) — The very precarious position. Since then there has been a redistribution of electoral boundaries will change the wall of silence from The Nationals minister responsible

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for these cuts, and The Nationals member for Northern history of the state — the east–west link, the regional Victoria in the other place, Damian Drum, has not once rail link and the second container port at Hastings — raised his voice in support of Bendigo TAFE. I call on are all under way simultaneously. both of them to support Bendigo TAFE’s application for $17 million, from the very small pie of TAFE Standard & Poor’s has confirmed Victoria’s funding that this government has dished out. AAA rating with a stable outlook. Its report says in part: Today I have written to request, under FOI, any documents from The Nationals Minister for Higher … Victoria’s own financial strength is evidenced by its prudent approach to debt and liquidity management … We Education and Skills about potential mergers between don’t expect the commitment to fiscal discipline to change Bendigo TAFE, La Trobe University, Sunraysia TAFE over the life of the current Parliament. and/or any other TAFE institution, because there is growing uncertainty within the Bendigo community I note particularly the final words. Standard & Poor’s about the future of our TAFE. makes plain that that agency has no confidence in the alternate government of this state and confirms what we The Nationals minister and Nationals government already know — Labor cannot handle money. representative in Bendigo, Damian Drum, who are both in the other place, need to come clean on what the Volleyball gambling future holds for Bendigo TAFE and the McCrae Street campus and about what discussions have been or will Mr PAKULA (Lyndhurst) — Last Thursday in the be happening about potential mergers. It is disrespectful Victoria Government Gazette it was decreed that the to the Bendigo community to not keep it informed of Victorian Commission for Gambling and Liquor what lies ahead for our TAFE. The massive cuts Regulation (VCGLR) had approved betting on imposed by the government on Bendigo TAFE have volleyball and beach volleyball events sanctioned either placed it in a very challenging position, requiring the by the world body or by Volleyball Australia. For sale of assets, including the historic McCrae Street starters, it is worth asking why the VCGLR deemed it School of Mines building likely. It is time The necessary to provide punters and budding punters with Nationals minister and The Nationals member for yet another product to gamble on. I am not a Northern Victoria came clean and informed the starry-eyed idealist about matters such as this, but Bendigo community of their secret plans for Bendigo seriously — volleyball? Who has actually been TAFE’s future. clamouring for betting to be allowed on volleyball? Is it Volleyball Australia or the corporate bookmaking Government financial management fraternity? What process has the VCGLR used to determine that it should be allowed? Those are the Mr MORRIS (Mornington) — I rise today to questions that either the VCGLR or indeed the Minister congratulate the government on its stewardship of state for Liquor and Gaming Regulation, as the person finances in Victoria. Throughout the life of the former responsible to this Parliament, ought to be prepared to government the growth in state expenditure exceeded answer. growth in income by a significant margin. By the end of its time in office the Labor Party had created an The breadth of the gazettal is interesting. It refers to effective structural deficit. Its commitment to wasteful, betting being allowed on beach volleyball events extravagant and unnecessary major projects, badly sanctioned by the international body, Fédération managed and ineptly delivered, left a legacy of rapidly Internationale de Volleyball, or affiliated international growing debt, a trail of forward commitments and, or national organisations. A quick perusal of the given its poor decision making, a growing Volleyball Australia website reveals links to a range of infrastructure deficit. Future governments were locked sanctioned events, including the Australian Junior not only into high fixed costs to service Labor’s Beach Volleyball Championships for under-23s, borrowings but a stream of ongoing operating costs as under-19s and under-17s. Have the Minister for Liquor well. Labor had its cake and ate it too, and left it for and Gaming Regulation and the VCGLR really just future generations to pay the bill. sanctioned punting on 16-year-olds playing beach volleyball? If so, what possible reason could they have What a long way we have come since 2010. The for doing so? structural deficit has been eliminated despite significant challenges with GST receipts, a significant asset investment program has been developed and funded and three of the biggest infrastructure projects in the

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Mordialloc College arts show community, with the support of the Rats of Tobruk Memorial Pipes and Drums band, had marked the Ms WREFORD (Mordialloc) — Recently Mentone occasion. This volunteer committee has kept alive the Primary School, Edithvale Primary School and local links of returned services personnel following the Aspendale Primary School joined in with Mordialloc sad forced closure of the Elwood RSL after 60 years of College for its visual art show. It was a wonderful operation. The committee has well-advanced plans for evening at the college, with great art and music. Well making sure that the Anzac centenary is marked by the done to the students and staff who put on the show. Elwood community in a suitable commemorative place.

Mentone scouts Cara Inc.

Ms WREFORD — It has been a busy and Mr GIDLEY (Mount Waverley) — On Thursday, successful time for my local scouts. On 18 October I 24 October, I attended the Cara Inc. annual general had the pleasure of opening the newly refurbished meeting to gain a better understanding of the Mentone scout hall. Works were completed thanks to organisation’s work over the year. The benefits of the an $11 500 grant from our government, which was specialist accommodation, care and support for matched by Scouts Victoria. It is a great scout troop. vulnerable children and young women involved with Then on 21 October I joined the Mentone joey scouts the child protection system that Cara provides was and the 4th Mordialloc sea scouts, under the leadership clearly evident. I thank the board, staff, and supporters of Jenny Wattie, for their Scouts in Action badge for their work over the year and the opportunity to gain presentation. Well done to the scouts of all ages. Keep a small insight into their work. up the good work. Mount Waverley Primary School Mordialloc Motor Yacht Club Mr GIDLEY — Mount Waverley Primary School Ms WREFORD — On Sunday, 20 October, I had held its Family Fun Day on Sunday 20 October. The the pleasure of joining the Mordialloc Motor Yacht event was an enormous success both in its activities and Club for its season-opening ceremony and boat the opportunities it provided for students and the local blessing. Weather permitting, it is usually quite a community. Residents were able to participate in those magnificent event, run by a fantastic club under the activities on the day and gain a better understanding of leadership of Commodore Des Fullarton. They do a their local school. I thank the school council, staff, great job of getting people involved in boating and, as special organising committee and volunteers for their is evidenced by the very successful dredging of hard work and efforts putting on the day. Mordialloc Creek, working with this government to get things done for the community. Syndal South Primary School Friends of Elwood RSL Mr GIDLEY — Syndal South Primary School recently held its biannual fete. The fete was a great Mr FOLEY (Albert Park) — The 95th anniversary success both in terms of the activities that the students of Remembrance Day has just passed. It was observed were able to engage in and the fact that local residents with all the solemnity that is appropriate when were able to engage with the school community. This remembering the terrible events of World War I and the fete was also delivered as a result of the hard work of slaughter, suffering and setting back of the world they the school council, support staff, special organising caused. As we move towards a commemoration of committee and volunteers, and I thank them for their World War I through the Anzac centenary celebrations, efforts on the day. we are seeing increasing efforts by local communities to take up the telling of Victorian stories of Remembrance Day significance. Mr GIDLEY — On Monday, 11 November, the Locally in my electorate we saw the two events come Waverley RSL held its annual Remembrance Day together with the Friends of Elwood RSL continuing to service at the Glen Waverley cenotaph to honour and remember the service in the armed forces of commemorate those who lost their lives in past wars — the men and women of the local community. This those who sacrificed so much to ensure our freedoms impressive group of volunteers has had to come and liberties are maintained. I thank the Waverley RSL together following the forced closure of the Elwood for its Remembrance Day service and continued efforts RSL. It was the 49th occasion on which the

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to ensure that servicemen and women of past Moorabbin Primary School generations are remembered today. Ms MILLER (Bentleigh) — With the redistribution Remembrance Day of electorate boundaries recently announced, I am pleased that Moorabbin Primary School will now be a Mr CARROLL (Niddrie) — I rise to congratulate part of the Bentleigh electorate, which I represent as its the Keilor East RSL sub-branch on its annual local member. I have previously met principal Noxia Remembrance Day ceremony held at the cenotaph in Angelides, and I am looking forward to working with Heinze Reserve, Niddrie, on Monday, 11 November. I her and the wider school community in the future. The had the honour of taking part in the wreath-laying school has been very welcoming to me as its future ceremony and was pleased that students from the member, and I was proud to attend an Oaks Day Niddrie electorate, particularly those from fashion parade put on by the hardworking parents of the St Martin de Porres Primary School and Rosehill school as part of a fundraising imitative. The school Secondary College, were actively involved in the provides a warm and engaging environment for its service. students, and I am looking forward to building a positive relationship with Moorabbin Primary School in I wish to put on record my thanks and appreciation to the future. president Peter Dodds, honorary secretary Kevin Millman and the whole team at the Keilor East RSL Macedonian Glendi sub-branch for their 2013 Remembrance Day service, honouring and remembering those who made the Ms MILLER — On Sunday I was pleased to supreme sacrifice for us in time of war. represent the Minister for Multicultural Affairs and speak at the Macedonian Glendi in Oakleigh. The event Alexander ‘Toppy’ Topp was a great success, taking over the very popular Eaton mall for a day of celebration. It was an honour to have Mr CARROLL — On Saturday, 19 October, I had His Excellency Mr Charalambos Dafaranos, the Greek the pleasure of attending the plaque unveiling at the Ambassador to Australia, and Mr Bill Papastergiadis, cenotaph, Queen’s Park, Moonee Ponds, in memory of president of Greek Orthodox Community Melbourne Alexander Charles ‘Toppy’ Topp, OAM, past president and Victoria attending, and I commend Mr Dimitrios of both the Essendon and Keilor East RSL Minas, president of the Pan-Macedonian Association of sub-branches as well as a committed member of the Melbourne and Victoria on organising the event. It was Australian Labor Party and active volunteer for the also fantastic to have Senator Concetta party. I wish to put on record my thanks and Fierravanti-Wells representing the Prime Minister, appreciation to the Victorian president of the RSL, Tony Abbott. Major General David McLachlan, AO; Essendon RSL president John Griffiths and secretary Ange Kenos for Beis Menachem Community Centre marking and ensuring Alex Topp’s memory and more than 60 years of RSL and community service were Ms MILLER — I was pleased to have the Minister officially recognised, as well as providing a place for for Crime Prevention come to Bentleigh electorate last future generations of the Topp family to observe and week to announce that the Beis Menachem Community reflect. Centre was to receive $10 000 as part of the Community Safety Fund grants. Beis Menachem is a St Mary’s House of Welcome well-utilised community resource for the Bentleigh electorate, forming part of Chabad Bentleigh, and is Mr CARROLL — On 15 October for the second also home to a kindergarten. I was proud to announce year running I had the pleasure of serving breakfast to this funding with the minister to Rabbi Engel and the the homeless at St Mary’s House of Welcome in rest of the centre. The funding will be used to install Fitzroy as part of Anti-Poverty Week 2013. Every year new security measures such as electronic fences to St Mary’s provides some 39 000 meals, 2700 hot prevent unauthorised access to the centre. Beis showers and more than 6700 instances of social support Menachem is an important facility of the Jewish for people experiencing homelessness, poverty and community in the bayside and south-eastern suburbs, mental illness. Well done, St Mary’s House of and I am pleased that the safety will be improved. Welcome, for an excellent annual event. The SPEAKER — Order! The member’s time has expired.

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Mount Helen Country Fire Authority station opportunity to learn a lot about democracy and the Parliament. Mr HOWARD (Ballarat East) — The communities of Mount Helen and Mount Clear will again face MATTERS OF PUBLIC IMPORTANCE another fire season without their own fire station. It is now three years since the coalition promised the station Government financial management as its key election promise for the people of Mount Helen and Mount Clear. The Mount Clear-Mount The SPEAKER — Order! I have accepted a Helen area was listed in the 52 high fire risk locations statement from the member for Gippsland South in Victoria in 2009, and a fire response strategy for proposing the following matter of public importance for Ballarat called the Eureka Strategy was released by the discussion: Country Fire Authority (CFA) in 2010. That this house notes the recent confirmation by Standard & Poor’s of Victoria’s AAA credit rating with a The strategy indicated that in order to ensure that all stable outlook and commends the government for its fiscal sites in Mount Clear and Mount Helen were to gain fire management, which continues to provide a solid platform for response within the CFA targeted call-out times a new jobs growth and improved services and infrastructure for fire station needed to be built in the area. Not only Victorian families and businesses. would this station assist in servicing the housing in the Mr RYAN (Minister for State Development) — It is Mount Clear and Mount Helen area, it would also my pleasure and honour to lead the debate in relation to service the University of Ballarat and the technology this very important matter of public importance. Friday park in Mount Helen. Both Labor and the coalition was a very important day for all Victoria because promised to build the station ahead of the 2010 state Standard & Poor’s again confirmed that in our election. Three years later, with the coalition now in economic management of Victoria we have a AAA government, no contract has been signed and no rating with a stable outlook. This is despite the fact of construction has commenced. GST write-downs, stamp duty reductions and 11 years It seems ironic that the announcement about the land of being ravaged by a Labor government. purchase was made in Fire Action Week last year. As we all know, Labor simply cannot manage money, Twelve months later, the site is still a bare paddock. and over 11 years we saw it all play out. There was no This government has been too slow to deliver on its business case for the desalination plant. Now the promises to the people of Mount Clear and Mount ratepayers of Melbourne Water are stuck with costs of Helen. This important fire station should have been $654 million for about 30-odd years. It is just another built and should have been operational before now. example of Labor at its best — or at its worst. As we Other coalition promises yet to be constructed include speak, the famous pipeline project is $1 billion lying the Whitehorse Road roundabout upgrade, which was idle. It is a pipeline Labor swore it would never build, funded in the 2010 budget — — then it went and built it with no business case. It lies The SPEAKER — Order! The time allocated to idle. members statements has concluded. The HealthSMART project and a raft of technology Parliament House school visits projects were absolutely disastrous. All of them were referred to in an extensive report by the The SPEAKER — I raise with the house a matter Auditor-General. They have cost us billions. There was referred to yesterday in members statements by the a $15.8 billion overspend by Labor over its 11 years of member for Yuroke regarding school visits and the government, where it budgeted to have certain banning of students from the Parliament. The member expenditure in its recurrent costs. Labor blew it by indicated that the Speaker had in fact ordered bans on $15.8 billion over the course of those 11 years. schoolchildren. It is not a fact; I have ordered nothing. I Unfortunately in the meantime we had money rolling was not aware of anything that had been even put to the Parliament in regard to the banning of schoolkids, and I through the doors — fortunate in its own way, but can only say that the idea of having schoolkids in the unfortunate in the sense that Labor simply could not manage money. It could not control its budgets. It never chamber so they can actually experience what it is about is a great one. It is certainly something I would ran on budget over the whole of those 11 years. Therefore we were saved — as was the state of Victoria like to see happen in this Parliament. The member for Yuroke can be assured that schoolchildren will be more in the sense of its AAA rating and the like throughout than welcome in their Parliament, giving them the Labor’s period — by the fact that luckily we had more

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money coming in than we had going out. Labor blew its through the geographic area which is occupied by the expenditure budget by $15.8 billion. 48 regional councils. All those regional councils and all the communities within that geographic area — the Of course throughout the global financial crisis more major cities and the regional cities, plus the regional money was pouring in from the federal government — and rural areas aside — are entitled to share in the again to save Labor. There was massive growth in the Regional Growth Fund. recurrent cost of running government. Labor could not keep it under control. As I said, Labor cannot manage There is $500 million available for use by our money. Standard & Poor’s reports: government over the first four years of our term. Whomever is in government after the next election on The state has continued to demonstrate fiscal discipline 29 November next year — in 381 days time, but who is through its response to ongoing revenue challenges. The government has made difficult political decisions, including counting — will have the extra $500 million. The only containing wage growth and reducing the number of public query is whether Labor is going to destroy the Regional servants. Growth Fund. We have not had any confirmation from Labor members about that. No doubt we will hear I will leave the rest of it to the Treasurer, who is going something from them, apart from another public to join the debate later on. He will have a bit to say holiday announcement, over the course of the coming about these issues. The crucial thing is that on Friday 12 months. We will hear what they have got to say our AAA rating stable outlook was again reaffirmed. about whether they are going to keep the Regional The important thing about this is that it carries over to Growth Fund. But, insofar as the structure of the fund is the fact that we now have a good platform that enables concerned, our government is using the first us to further develop our jobs programs and provide $500 million in two fundamental areas: firstly, major those all-important services and infrastructure, which strategic investments; and, secondly, community-led all Victorians need to have. local initiatives, which, very importantly, are those The best example, if I may say so, is within the regions things that communities determine will be reflective of of the state of Victoria. Let us have a look at the their future. snapshot of the situation as at the end of September. Let us have a look at the progress in terms of these The situation which prevailed then was reflective of major strategic investments. To the end of September a what we are doing as a government by way of the little over $350 million has been invested from the growth of our regions. It can be seen that the $500 million fund. A more appropriate way to put it is unemployment rate in the regions dropped to 4.8 per that it has been allocated and/or invested, because as we cent. It fell by 0.3 per cent in the period leading up to allocate the money it is not instantaneously spent; some the end of September. On the other hand, the time is taken to actually generate the expenditure and participation rate grew to 62.3 per cent. It increased by get the outcomes. Some $350 million has been 0.2 per cent. Since we came to government, many more allocated, and that has occurred over the 1200-plus than 33 000 new jobs have been created in the regions projects it has generated. In turn that has produced of Victoria. We now have an unemployment rate which $1.4 billion of leveraged investment throughout the is 1.2 per cent below the national regional average. It is regions of Victoria. For the 64 major infrastructure by far the lowest in the Australian nation. In the period areas, $138 million has been committed. That has to the end of September, 5800 new jobs were created in leveraged $728 million of investment and has in turn the regions of Victoria, a growth of 0.8 per cent. It has created an expectation of some 3500 direct jobs with been a spectacular performance on behalf of the another 4700 indirect jobs. regional parts of our state. Within this program we have various specialist To achieve this you have to have the proper policy programs. We allocated $15 million to the Latrobe settings. You have to have a system whereby the Valley Industry and Infrastructure Fund, which has so government of the day has those policy settings in far produced 22-plus projects and 300-plus jobs. I am place, and this government does. The basic policy not going to dwell on that, because I know the member setting is to support and resource the regions so that for Morwell is straining at the traces, ready to go, and they can realise their potential. If the regions do well, we will hear from him a little later in relation to that. all of Victoria does well. We have delivered on those You can see him up there ready to go. He looks like a basic principles, and the examples are replete. I want to crouching tiger. take the opportunity to run through some of them. The flag leader for all of this, of course, is our $1 billion In the Goulburn Valley we have created a fund of a Regional Growth Fund. As we know, this fund operates similar ilk — the Goulburn Valley Industry and

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Infrastructure Fund. We allocated $5 million to that Revolution, Express Promotions, Farm Foods Retail fund, and a committee of local folk is now busily Services, IXL Metal Castings and Air Radiators; we engaged in producing a report that will be provided to contributed to all of these companies through our me by the end of this year, and out of that we will see investment support program. The Cotton On Group has the sorts of initiatives it is interested in generating in the created 500 jobs in Geelong, and we made a Goulburn Valley. The key to this, first and foremost, is $10.1 million contribution to the total investment in that innovation, and secondly, it is about being able to build company. We made a contribution to Think Fencing for on those areas in which we have a niche advantage. its investment in manufacturing technology. All of Again the examples are replete. these contributions are creating jobs in Geelong. We contributed $2.85 million to Epworth Geelong for I will talk about some of the major regional areas for a infrastructure, to establish a site and to provide open start. In Ballarat, Ceramet made a $2.9 million access for future opportunities. Again, I had the great investment, and that was aided by the government. We pleasure of going to Geelong to make that contributed $410 000 to Advanced Cabinetry for its site announcement. What a magnificent project that is. I am expansion. We contributed $400 000 to Brimarco for its sure that even the member for Geelong would agree. site expansion. We contributed $100 000 to Goldacres We also contributed $500 000 for the revitalisation of Trading. We contributed $2.945 million to Federation laneways in central Geelong. University Australia for its technology park expansion. We contributed $1.5 million to Mars Australia for its The Latrobe Valley is replete with examples, but I will utilities efficiency investment. We contributed funding leave that to the tender mercies of the member for for the replacement of the Magpie Bridge. The local Morwell. There are a stack of other examples. The member was there on the day I opened the bridge, and I Mildura airport is a $5.2 million contribution by us to a think I can say in fairness that we both agreed — I am $6.4 million project. Murray-Goulburn Devondale at not trying to verbal him — that it was a great initiative Leongatha has a $16 million project to change over to for that school community, particularly the the use of natural gas, where we have put in schoolchildren. It was a wonderful thing to do for them. $1.5 million. Burra Foods just down the road at We contributed $835 000 for the Ballarat West Korumburra has a $20 million project for water, employment zone implementation report. We wastewater and power initiatives where we are putting contributed $800 000 for Learmonth-Sulky Road. We in another $1.5 million. The Balfour-Beattie contributed $500 000 for the streetscape works in Investments mass power plant project has $174 million Armstrong Street. I had the great pleasure of going to being invested in the electorate of Mildura, and again Ballarat and making that announcement. Those are just we have contributed to making that happen. some of the announcements we have made in Ballarat. FlavorWave received $500 000 that we put in only last In Bendigo we have had a vast array of announcements. Wednesday when I was there with the local member — Under the Victorian Business Flood Recovery Fund we a terrific local member — and that is a $12 million contributed $5.1 million to Hazeldene’s Chicken Farm project that will generate another 90 jobs. Covino’s in for its Prairie broiler farm flood recovery and its my own electorate got a $1.5 million contribution to a Lockwood site expansion project. We contributed $5 million project — not a bad local member — with $1 million to Hopley Recycling for its crushing and 60 jobs being created. Bruck Textiles has a $3.4 million screening plant upgrade. We contributed $3.7 million to project, and we put in $750 000 to help it centralise its Thales for its Finn Street industrial estate project. I had business across from Tasmania to Wangaratta. Rubicon the great pleasure of going to Bendigo to make that Systems in Shepparton created 112 jobs in a announcement. We contributed money to Microsoft $3 million-plus project where we put in $750 000. All Australia and La Trobe University for their SharePoint of those, again, are examples where we as a factory. We contributed $2 million to the Bendigo government are contributing to the interests of regional library’s community hub project, and that money came and rural Victoria, and that is just part of the story. out of the Regional Growth Fund. We contributed $350 000 to the Bendigo Hospital redevelopment. Natural gas is another big part of the story. We now Again, I had the pleasure of making that announcement. have the agreements for 5 of our 14 priority towns and We are looking to group together the local businesses we have an $85 million request for tender out in the that want to share in the growth of the Bendigo marketplace. We intend to get gas to those other nine Hospital, and that hospital is a great initiative. towns as well as to the Murray Valley towns that are featuring in that tender. It must be said that in the lovely Geelong is also replete with examples, including town of Huntly, where the member for Bendigo East as Backwell IXL, Associated Kiln Driers, Carbon a senior member of the former government could not

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provide natural gas, we are looking after that predecessors. That is why, in a decade of AAA credit community. ratings, we never thought the achievement of this baseline of competence was worth dedicating an entire One of the other things I reflect upon in the course of debate to a matter of public importance or patting this debate is that we are opposed by a Labor Party that ourselves on the back for doing our job. forgot rural and regional Victoria when it was in government. There could never be a better example of We are told the object of sound financial policy is to that than to ask, in the whole of almost three years of provide a solid platform for jobs growth and improved our government, how many questions the Labor services and infrastructure for Victorian families and opposition has asked of me as minister, us as a businesses. Labor’s fiscal management did exactly that. government, in relation to regional development. How The Napthine government’s fiscal management does many questions? One! One question over almost three not. Let us have a look at its record on jobs, for years, and that is reflective of exactly what this example, and what a pathetic record it is. It is an opposition thinks of regional and rural Victoria. It does indictment of a government so obsessed with its own not have a clue; it would not know. We are proud of our importance that you could almost start an arbitrage on record on behalf of the regions. It is part of the prouder political incompetence based on this government’s record we have of looking after the state’s economy as perceptions of itself. If this government could be a whole. bought for what it is actually worth and sold for what it thinks it is worth, someone would make a fortune. Mr PALLAS (Tarneit) — Another matter of public There would never be a deficit in this state if its ego importance (MPI) has been brought to this place by the was used as collateral. If the people of Victoria saw the government in another effort to commend itself for the way this government wastes the time of the Parliament very little that it has done in this state. Labor welcomes on talking itself up, putting down the efforts of its the Standard & Poor’s decision not to downgrade predecessor and not building a base from which Victoria’s credit rating; however, we do not accept that Victoria can properly go ahead, they would be ashamed it is as a result of this government’s capacity to manage of this place. the economy. We certainly will not commend the government for its fiscal management. It is The jobs data released last week shows the Napthine management that has effectively driven up state debt, government’s fiscal policy is failing in its objectives. increased the tax burden on ordinary Victorians, Labor created an average of 60 000 jobs per year for discouraged private investment in our state and eroded every year that it was in office — 60 000 jobs a year opportunities for ordinary people to find jobs. In over 11 years. In the Napthine government’s entire term comparison with the Labor government, members of so far, how many jobs has it managed in three years? It the coalition government have been attempting to has managed 73 000 jobs, and more than 50 000 of deflect responsibility for its own economic failings by those jobs are part time. I say to government members: claiming that Labor left it with a structural deficit. That congratulations, pat yourselves on the back, and bring is simply nonsense; absolute poppycock. forward another MPI saying how awesome you are! The government is achieving about a third of what the Labor achieved an operating surplus in every one of previous government was achieving, and it thinks it is 10 budgets that we handed down between 2001 and good for doing it. Today 40 000 more people are 2010–11. In fact Victoria’s average operating result unemployed in Victoria than were unemployed when between 2000 and 2010 was over $1 billion per annum. this government came to office. The population is In 2012–13 the Victorian government recorded an increasing, yet we have a pathetic record when it comes operating surplus of $316 million. In 10 years of to employment. government the only time that Labor returned a surplus as small as that was 2008–09, at the height of the global When the coalition came to office Victoria’s financial crisis. Given how smug the Treasurer is about unemployment rate was 4.8 per cent. In October it a $316 million surplus in 2012–13, can you imagine reached 5.9 per cent. In parts of regional Victoria things how insufferable he would be if he managed to get near are even worse. For example, according to the most a decade’s worth of average surpluses of $1 billion? recent federal data the unemployment rate in Maryborough is over 11 per cent. Perhaps the most Labor also achieved a AAA credit rating from both alarming thing, though, is Victoria’s youth Moody’s Investors Service and Standard & Poor’s unemployment rate. We heard so much from the when it was in office. However, Labor knows there is previous opposition, now government, about how more to responsible financial management than simply everything should be about jobs, jobs and more jobs. not losing the credit rating you inherited from your However, now that it has come to government it has

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been all about self-praise and self-congratulation for an document from government, the 2011–12 budget underwhelming and underperforming government. The update, it promised that debt would peak at government is more obsessed with demeaning the $15.8 billion this financial year. Today it is over legacy of those who came before it than it is with $19.8 billion, and it is forecast to rise even further, even striking out and providing some credible achievements without the enormous cost of the east–west link should for the people of Victoria. this government go ahead and sign contracts without allowing the people of Victoria to have a say. The At a time when Victoria leads mainland Australia with people of Victoria will remember the dishonesty of this a youth unemployment rate of 18.9 per cent — the government before the last election in denying any highest level of youth unemployment in this nation, plans for an east–west link and now encumbering the with the exception of Tasmania — this government economy and community with tolls, availability thinks it is appropriate for it to pat itself on the back for charges and debt. This is a debt-tripling government its performance in youth unemployment. Fewer young that thinks it is smart to put in place arrangements that people are working in Victoria than at any time since the community has no say in. This is a government that 2009. Job opportunities for young people are not just has effectively turned its back on the people of Victoria. scarce, they are getting more scarce. Victoria has the lowest youth participation rate in Australia. Only The Napthine government is determined to squeeze 48.7 per cent of our young people are in the labour every last cent out of the people of Victoria to prop up force, compared with the national average of 52.5 per its surplus. Public agencies that were created to deliver cent. essential services to Victoria are now victims of routine shakedowns by this Treasurer. Since coming to office These are not just statistics concocted for the purposes the coalition has taken $340 million in dividends from of a political point. This is a human tragedy slowly the Victorian WorkCover Authority. WorkCover was unfolding within this state. These figures represent established to ensure that people would be able to work young people who ultimately will constitute the and do business while minimising the risk of aspiration and hope for the future. Their future is being catastrophic injury that could ruin careers and lives. It effectively diminished and demeaned by a government was not created as a cash cow for lazy treasurers that thinks it has done a good job on jobs, even though looking for revenue sources. The former government its achievement is about a third of that of the last term knew this and reinvested the accumulated surplus from of the previous government and is substantially worse WorkCover in six successive premium reductions. All than its achievements over its 10 full budgeted years in told, the Napthine government has ripped $2.5 billion government. It represents a great lost opportunity for in dividends from publicly owned corporations since it this state, yet this government thinks it should waste the came to office. In 2012–13 alone the coalition received Parliament’s time congratulating itself. $1.17 billion in dividends. This is five times as much in dividends — in raids on cash cows that have a public As I said, the Napthine government has cut the utility to serve — as in Labor’s last year of government. opportunities for young people in Without these dividends the government would have a government-supported apprenticeships in Victoria by deficit of some $700 million. over 12 000 and has cut $1.2 billion from our vocational education system. If you are a young person Mr O’Brien interjected. who thinks it would be worthwhile getting an education, the Napthine government has a way to keep Mr PALLAS — So let us not hear any pontificating you from getting a higher education, and that has a from the Melbourne University debate chairman over direct impact upon the productive performance of the there, who effectively thinks running a state budget is state. If you are a young person who wants a job, it is like running a debate club. notable that the Napthine government has managed to pride itself on having the highest youth unemployment The reality is that this government would have run a in mainland Australia. If you are a young person who $700 million deficit but for the fact of its obscene maybe wants to get access to a first home owner grant, willingness to raid dividends from corporations at a you will find that your opportunities for participation in level of 500 per cent more than the previous Labor that market have been profoundly reduced as a direct government. When it comes to fiscal incompetence you consequence of this government’s actions. would have to go a fair way to beat this mob. With debt and unemployment up, this is a government that has no When the pre-election budget update was released in idea but likes to pat itself on the back for its few ideas, 2010, Victoria’s net debt under Labor stood at no matter how contorted or wrong they are. These kinds $8 billion. When the coalition released its first financial of revenue grabs are a hallmark of the Napthine

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government’s fiscal management, and the government incompetent governments this state has ever had to stands accused for that. But there is no such thing as endure. free money. Every time the government does this it costs Victorians through higher water bills, higher Let us talk about the AAA credit rating. Labor likes to WorkCover premiums, higher vehicle registration fees say, ‘We had a AAA rating for 10 years’. Let us talk and deteriorating services. about the history of Victoria and the AAA rating. It was the Cain-Kirner Labor government that blew Victoria’s A few weeks after Labor came to office in 1999 we sat AAA credit rating, and it was the hard work of the down with Moody’s and Standard & Poor’s. We Kennett-Stockdale coalition government that rebuilt showed them our election commitments and the confidence in Victoria’s economy and managed to get detailed costings that underpinned them. We explained the upgrades. Every single upgrade by how we intended to deliver them without driving up Standard & Poor’s to return to a AAA credit rating debt or increasing taxation. Because we had been so happened under a coalition government. thorough, both agencies decided that Victoria’s AAA credit rating would remain stable. The same is simply Mr Pallas interjected. not true of the coalition government. Its costings were shoddy and only released at the 11th hour before the Mr O’BRIEN — The member for Tarneit just said, election to avoid even superficial scrutiny. The result of ‘What about Moody’s?’. By 1992, according to this slipshod work has seriously cost the Victorian Moody’s, Victoria’s credit rating had plummeted to A1, taxpayer. The Public Accounts and Estimates but the first of five upgrades took place in March 1994 Committee inquiry into the 2013–14 budget estimates under the coalition government. The final upgrade to a concluded that the government’s election commitments AAA stable credit rating occurred in early February have blown out by $872 million, so it cannot talk to us 2000, before Labor had even brought down a budget. It was the coalition’s work that delivered the final about financial management. By its own admission, its capital commitments have blown out by 36 per cent. upgrade to the Victorian credit rating.

I do not intend to go through all the deficiencies of this Thanks to the work of the federal coalition government government’s proposals, but it is clear that this is a in the 2000s — the federal government’s growing of the economy, tax reform and GST reforms — there government more intent on praise than on action. were significant revenue increases. Even that was not Mr O’BRIEN (Treasurer) — That is the second enough for a spendthrift Labor government. Despite the pathetic effort that we have heard from the member for rivers of gold that were running thanks to good national Tarneit on a matter of public importance in the last two economic management and GST and tax reform — all sitting weeks. Here is the man — the union hack — that money coming in — it was still not enough for who has never run anything in his life. The only thing Labor. Every year on average the Labor government’s he has ever run is Steve Bracks’s office when it was expenditure growth outstripped its revenue growth. doing the desalination plant, one of the greatest You can think about it in terms of your own income. If financial disasters that the state has ever seen. For every year the growth in your expenditure exceeds the 27 years Victorian families are going to have to pay growth in your income, what happens? You deplete $1.8 million a day on their water bills because of the your savings, and ultimately you are locking in a member for Tarneit and his government’s structural deficit. That is what Labor did. It put Victoria incompetence when it was in office. into a structural deficit because it averaged expenditure growth of 8 per cent and revenue growth of only 7.3 per There are young people who are getting married and cent. This government has had to turn that structural who are going to buy their first home. They are going deficit around. to the bank and seeking a loan. They will sit down with the bank manager, sign the documents and get that The union apparatchik from Tarneit has criticised this mortgage for their first home. They will move into that government for believing in well-run government home. They might have kids, and those kids will be business enterprises. The fact is that a well-run born and go to kindergarten, primary school and government business enterprise should make a return, secondary school. That young couple will become an so we can spend more money on front-line services. older couple. Eventually the kids will grow up and We are very proud that, because we are managing the leave home; they might go to university and get a job. economy well, we can put in place 1600 more police After 25 years, when the parents have finally paid off and 940 protective services officers and have a record their mortgage, they will still be paying for the desal $6.1 billion infrastructure program. plant. This was one of the most reckless and financially

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The member for Tarneit referred to jobs. He was push them all through and not to worry about the trades criticising last month’s job figures for Victoria. skills or courses that provide real jobs at the end of According to those figures, the Victorian economy put them. It was all about trying to push people through on 14 200 net new jobs in October last year, and the cheap courses with no jobs at the end of them. It was rest of the country combined lost 13 100 jobs. The typical Labor. It was all about spin and saying, ‘Let’s strength of the Victorian economy and the job creation try to get the stats up. Don’t worry about the poor kids in Victoria meant the national impact was a net put through courses with no jobs at the end of them’. 1100 job increase, and that was only because we added 14 200 new jobs in Victoria. There is no rhyme or The fact that Standard & Poor’s and Moody’s have reason as to why that would be the case apart from the given Victoria a AAA stable credit rating is testament fact that we are managing the economy well. to the fact that we have the strongest state finances in the country. No other state in the country has a We have a significant infrastructure program. That is AAA rating with a stable outlook from both why we are building the Monash Children’s hospital, Standard & Poor’s and Moody’s. Every state in the which Labor did not do in 11 years. It is why we are country is either currently in deficit or going into deficit building the Bendigo Hospital, which Labor did not do over the next four years except for Victoria. We have in 11 years. It is why we are doing what Sir Rod surpluses growing over the next four years, we have Eddington told Labor had to be done, but what Labor increasing infrastructure and we have increasing did not have the courage, the wherewithal or the vision investment in front-line services. A coalition to do — that is, we are building the east–west link. government will always make sure that we have better services, better infrastructure, more jobs, a budget Mr Pallas interjected. surplus and a stronger economy. We will ensure that Victorians get every opportunity they deserve; they will Mr O’BRIEN — The member for Tarneit says, ‘If get those opportunities under a coalition government. we don’t sign the contracts what will we get?’. The contracts will be signed. This project will be delivered. Mr SCOTT (Preston) — It gives me great pleasure When we stand up and say we will deliver a project, we to rise to join this debate on the matter of public deliver it. We do not act in the way that Labor did when importance (MPI) raised by the Deputy Premier, the it went to an election over the Mitcham–Frankston member for Gippsland South. Firstly, I will respond to freeway — remember that it was supposed to be a some points made by the Treasurer in relation to freeway — and then straight after the election, advised infrastructure investment. According to the by the member for Tarneit, Labor defrauded the government’s own words in its own publication, it is Victorian people and said, ‘You know that freeway? It slashing infrastructure investment. If members look at is now a tollway’. The architect of the dishonesty and the budget, they will see that in 2015–16 there is a fraud on the Victorian people over the broken promise significant cut from 2014–15. In fact the government’s on tolls on the Mitcham–Frankston freeway sits before proposed infrastructure investments will peak at about me. He would pretend to be the Treasurer of this state. $6.5 billion, then they will be cut to around $4 billion What a joke. and then to $3.5 billion — those are the government’s intentions. Mr Pallas interjected. Let us not hear this nonsense about an increase in The SPEAKER — Order! That is enough from the infrastructure spending. Over the period of forward member for Tarneit. estimates, spending will be reduced to 1.7 per cent of Mr O’BRIEN — We are also making sure that we gross state product, then to 1 per cent and finally have more investment in vocational education and to 0.8 per cent — that is, the intended infrastructure training. At its highest point under Labor the investment in the last year of the estimates period is less investment in vocational education and training was than 1 per cent of gross state product. This is a less than $1 billion. This government is putting in government that intends to cut infrastructure spending $1.2 billion, which is more than a 20 per cent increase in real terms, according to the report from the in investment in vocational education and training. We government-dominated Public Accounts and Estimates have more support for apprentices and more support for Committee. If we look at the report entitled Report on courses that deliver job opportunities. The member for the 2013–14 Budget Estimates — Part Two, we see that Tarneit thought that every young Victorian should go on page 160 the infrastructure investment per Victorian and study fitness instruction and aerobics. There were is shown in real terms. That is one of the truest and best all these cheap courses, and Labor’s attitude was to measures of investment. Under Labor infrastructure investment per capita peaked at over $1200 per capita,

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while under this government it is already lower than of Yes Minister. There is an old syllogism, ‘This is that. something, therefore we must do it’. That is what has occurred in the government — a circular logic. ‘We So let us stop the arrant nonsense about increasing must do something’, and then, ‘This is something, infrastructure that is run out by this government. It is therefore we must do it’. This is why we do not see a not true. It is factually inaccurate. In 2016–17 business case for the east–west tunnel and why we see investment will be less than $600 per capita. Let us not fudged figures about traffic movements. This is why the hear self-congratulations from this government about government is completely unwilling to take this to the its infrastructure investment. Let us not pat ourselves on people. It has already made a mistake. the back. I noted some byplay about previous governments and their matters of public importance, The government has committed to a project which is but I can assure the government that its not optimal for the community of Victoria, a project self-congratulatory nonsense will be as useful as any which its members know in their heart of hearts will not MPI was to any previous government when it be a winner for them, but they have already doubled congratulated itself. It is of absolutely no value. down. They have decided they had to do something. It Government members can try to gee up the troops and was a do-nothing government; it was perceived, quite make people feel better about themselves while there rightly, to be a do-nothing government. It put the are a few dark clouds on the horizon, but let us not have Victorian economy to sleep. It had to take a risk and it this arrant nonsense about infrastructure investment. By chose the east–west tunnel. The government chose to its own figures and according to the report of the Public create the false impression that it was an Accounts and Estimates Committee, which has a infrastructure-generating government. It rolled the dice majority of members from the government, it is very and came up with a bad idea for the Victorian clear what is really happening with infrastructure. community. We have to wonder what ideas underpin this government’s policy, because it reminds me of a This is a government that is slashing infrastructure quote from Alice in Wonderland: ‘If you don’t know below the level that is required to maintain itself. It is where you are going, any road will get you there’. below the level of depreciation. Page 161 of the Public Accounts and Estimates Committee report I referred to What was the government’s vision? There was going to earlier shows the ratio of net direct investment to be an independent review of state finances — a depreciation. From looking at the general government financial document that dare not speak its name, a sector for the 2015–16 period, it is clear that it basically financial love that must not be spoken of. If you check touches depreciation. If population growth and the Department of Treasury and Finance (DTF) increasing demands for services are factored in, there is website, there is still a press release on it that talks basically no investment in public infrastructure in real about and provides a link to the interim report, but that terms once depreciation is factored in. There is report is no longer there. If members do a search of the basically nothing. The increasing needs of the DTF website, they will that find it has been removed. community as it is grows and as it ages is a reality which all governments face. This is a government that Mr Pallas — Purged from the records! in real terms is slashing infrastructure investment to below the needs of the community. Let us not run Mr SCOTT — It was purged from the records like around saying how great we are. some Soviet encyclopaedia from the 1920s. The airbrush has removed it, like Winston Smith in This MPI talks about how wonderful the government is Nineteen Eighty-Four, simply removing unfortunate and it specifically mentions infrastructure investment. facts from history. We can happily provide a copy of The government’s own statistics, its own budget papers the interim report to members who want it, because we and its own rhetoric show its complete and utter have kept copies of it. It gives great insight into this hypocrisy. The reality is that it is slashing infrastructure government and the sorts of values it represents. The and instead is building and trumpeting the east–west interim report was released in 2011, and in February tunnel — something that Victorians have not voted for 2012 the final report was to have come down. and would not vote for, I am sure, given the opportunity. If this government had the courage to take Has anyone ever seen government ministers scurry it to the people, it would see that they will not vote for away in terror? That happens whenever anyone asks, it. ‘Have you read the Vertigan report?’. If they are asked at Public Accounts and Estimates Committee hearings The east–west tunnel is obviously something the or other forums, you can see their look of terror and government thinks is right. It reminds me of an episode they say, ‘No, no, not me. I haven’t seen it’. But this is

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a report that still dominates the government’s thinking. One principle that I was taught as a child and that many You can tell the meanness of spirit that is in the interim on this side of the house have been taught is that you report, and we can only wonder what will be in the final cannot spend what you do not have. You have to ensure report. The hints we have had indicate that it is about that you are sensible with money and manage it to put privatising services and slashing vitally needed yourself into a decent position going into the future. government expenditures for community services and That is what this government is all about. We came to infrastructure. It is a report that has a paucity of vision. office with an absolutely shambolic mess, but we have It is a triumph of accountancy over economics. taken care of business and have ensured that we are set on a good path going forward. So we have had the interim report. John Maynard Keynes said that all practical politicians are slaves to The Standard & Poor’s rating does not let the facts get long-dead scribblers. This government is still a slave to in the way of a good story. In a press release this idea. It walks the halls of government like some Standard & Poor’s, the independent body, says this sort of decaying extra from World War Z or Shaun of about Victoria: the Dead — wandering around, controlling the actions of the government when it dareth speak its name, dareth The ratings on the state of Victoria reflect our view of the strong institutional framework for state governments in look out. There are hints of it about infrastructure. The Australia, combined with Victoria’s very positive financial government has targets that come from the interim management; strong and resilient economy; its very positive report that seem to fill out the framework for its liquidity position; and manageable contingent liabilities … financial vision. But this government is too cowardly to bring forth that report and actually face up to the public The Standard & Poor’s press release goes on to say: and say what it believes in, what guides its vision and We consider Victoria’s financial management to be very what ideas govern it. When you do not have a clear supportive of the state’s creditworthiness … understanding you have to hide away ideas. You end up making bad decisions like that on the east–west tunnel. It further says: There ends up being a farce where you pretend you are The state has continued to demonstrate fiscal discipline investing in infrastructure when in reality you are through its response to ongoing revenue challenges. The slashing infrastructure investment in real terms to less government has made difficult political decisions, including than half of what it was in the peak period under Labor. containing wage growth and reducing the number of public servants. Let us have no pretence that this is a government that This is the crux of it. This government has gone about has vision. Let us have no pretence that this is a making hard decisions, sensible decisions, to ensure government that is investing in the infrastructure the that it could reinstate a budget surplus. It announced a community needs. It is not. It is a government that is budget surplus of $316 million for the 2012–13 slashing infrastructure investment in real terms, and financial year, significantly up from its forecast of where it is investing in infrastructure, it is investing in $177 million in May. It will continue to do what it does the wrong project. It is doubling down on a huge tunnel to ensure that it remains within budget and continues to that will serve the Victorian community poorly have this sort of credit rating. It is important to do that, compared to the opportunity cost that will be made if it because the state is competing globally in terms of foolishly signs the contracts prior to the next election. I borrowings and we need to ensure that we can keep would urge the government to reflect on its errors and debt down and deliver appropriate services to all have the courage to, firstly, release the final report of Victorians. the Vertigan independent review of state finances, and secondly, take the east–west tunnel proposal to the I turn to the contributions of the member for Tarneit people and give them a chance to give their verdict. and the member for Preston, who both spoke about government members patting themselves on the back Mr SOUTHWICK (Caulfield) — It is my pleasure and congratulating members on the work they are to speak today in congratulation of the Premier and the doing. I remind the opposition of something important. Treasurer on the decision by Standard & Poor’s to once When in government opposition members were again confirm Victoria’s AAA credit rating. Victoria is absolute legends when it came to glossy brochures and now the only state that has been given this rating by hard hats. I remind them that in the last term of their both credit agencies. This is a remarkable achievement, government they spent $1 billion on advertising, which follows on from other great news we have heard gloating and talking about the great work they had in recent weeks. This government is getting on with the done. When government members talk about records, job. we are very proud of our record in fiscal management

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responsibility; when opposition members talk about sensible about managing these projects, they just took records they talk about budget blow-outs and people who were out of work, shuffled them in and advertising expenditure. That is what they talk about. I said, ‘You’ll do; you can manage the project’. No draw the attention of the house to their advertising. wonder we had the sort of budget blow-outs that we had; no wonder we were in the mess that we were in. In its last term the Brumby government spent a record The first thing we did when we came to government $124 million on advertising. One of the campaigns it was to put every one of these major projects through worked was a nurse recruitment campaign, which was Treasury for a second costing to ensure that what we done during The Bold and the Beautiful. It thought it did made sense and stacked up fiscally. would try to recruit nurses during The Bold and the Beautiful television soap opera series. Let me say that We do not waste money; that is not in our DNA. On this opposition was one big soap opera, one day after this side of the house we come from all different walks another, that we had to deal with. The Auditor-General, of life, but we have all known what it is to make money when he looked at Labor’s spending on advertising, and what it is to spend money — and that is a saw that the total advertising spend was 97 per cent fundamental difference between this side of the house higher than publicly reported. Labor could not even tell and that side of the house. We manage money, and the truth about the money it was spending on unfortunately the Labor Party is very good at spending advertising. First of all those opposite were telling all it. When it comes to your kids it is clear that you need sorts of funny stories about all the great work they were to be sensible. When your children come to you and doing, and then they misreported the figures on what say, ‘Dad, Mum, I want this little project, I want this they were spending. It was one big bold and beautiful toy, I want some extra pocket money’, the easiest word soap opera in terms of the work they did. to say is ‘Yes’. It is very easy to say yes, but is it the right thing to do? No, it is not the right thing to do; it is We are very proud of our record, and the facts speak for not good parenting. It is about being sensible, it is about themselves. There have been 14 200 new jobs created management and it is about discipline. That is what we in Victoria in the month of October alone. This is are about on this side of the house. significantly up on other states. We now have 73 000 more people employed than when Labor left We are getting on with the job. We are ensuring that office in 2010. This increase in jobs is the highest of all there are good opportunities for all Victorians — in fact the states. We are out there, we are leading the way, we great opportunities for all Victorians — in terms of are doing what needs to be done, we are spending jobs, infrastructure, growth and investment. People money on infrastructure, we are spending money on want to come here to invest. This is not about being a projects and, most importantly, we are managing these welfare state. This is about encouraging people to projects. We are not experiencing a $2.6 billion budget invest in our state. It is about bringing people in from blow-out like Labor did on the desalination plant, the private enterprise who say, ‘This is the state I want to EastLink tollway and smart meters. Every project the invest in, this is the place I want to bring my family up opposition touched when in government was an in and this is the place I am committed to’. Victoria will absolute mess and an absolute disgrace. continue to lead the way amongst the states, and it will do so because it has a good and sensible government Mrs Bauer — Couldn’t run a chook raffle! that is getting on with the job, not like the riffraff we had in office for the 11 years prior to us coming to Mr SOUTHWICK — As the member for Carrum government. says, Labor could not run a chook raffle. We were very prudent in managing the public service when we came Ms EDWARDS (Bendigo West) — It is pleasing to into office. Standard & Poor’s mentioned specifically know that the member for Caulfield feels he can share that this government took a very sensible approach to with us what he spent his time doing before becoming a managing the public service. Let me give an example of member of Parliament — watching daytime soap how the opposition managed the public service when it operas. The matter before the house today is a very was in government. When Labor decided to take on important matter, particularly for regional Victorians. It some of these major infrastructure projects like the is important that regional Victorians are kept informed desalination plant it did not get the best person for the of the soulless priorities of this government. They have job in terms of managing these projects, as you might suffered through three years of cuts to services and expect; what those opposite did was look around within three years with no jobs plan, and they realise that the the Victorian public sector network, find someone who rhetoric the government came up with in 2010 of fixing did not have a job and say, ‘We’ll give you a job, we’ll the problems was just that — rhetoric. In so many areas get you to look after this project’. Instead of being we are seeing families across our regions being slugged

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more in taxes and struggling to meet their cost of living One of the other services for mental health patients that expenses. Unfortunately the government has turned its has been cut from our regions by this government is back on the people who most need government access to community-based mental health services. One support — the disabled, the mentally ill, the sick, the in five mentally ill patients are failing to receive care in disadvantaged, families trying to put their kids through the community after leaving hospital. The school and young people trying to get skills or a job. government’s decision to scrap the out of hours on-call mental health crisis assessment program will mean While the government has continued the trend from mentally ill patients who live in the regions will not Labor’s years in office of maintaining a AAA credit have access to mental health professionals when they rating, there is little to brag about in the way it has need it most. The coalition government has also cut the achieved that result. Labor maintained a AAA credit 24-hour mental health advice line, disbanded the rating every year for a decade. There is no arguing with Mental Health Reform Council, reduced index that; it is on the books for everyone to see. We also had payments to more than 100 community mental health massive investment in infrastructure and a pipeline of providers and scrapped the previous Labor infrastructure projects going forward, including the new government’s workforce strategy. These cuts have Bendigo Hospital. That was instigated, planned and resulted in mental health patients missing out on mostly funded by the former government. We also had hospital beds and vital community follow-up treatment. a plan for jobs in our regions, particularly with the pipeline of projects we had in place. Then there is the ambulance crisis that has hit our regions, which is caused by the failure of this Honourable members interjecting. government to invest in ambulance resourcing. Response times have blown out. People in my Ms EDWARDS — You don’t have a pipeline; you communities are going days without having ambulance are pipeless. coverage. There is massive ramping at the emergency The DEPUTY SPEAKER — Order! The member department at Bendigo Health. All this government can will speak through the Chair and the member will come up with as a solution is the dump and run policy, ignore interjections. which will place additional pressure on our emergency departments. More recently we have discovered Ms EDWARDS — The Labor government also through a leaked emailed that Bendigo’s intensive-care provided continued support for the vital services that unit will suffer staff cuts. This is disgraceful. people in our regions rely on. This included investment in health and education. Who can forget the Bendigo In education, the cruellest cut of all is to the education education plan, which involved the building of four maintenance allowance. This will mean that families brand-new secondary colleges? It also included jobs will struggle to keep their kids at school. It will mean growth and support for the most vulnerable and that their kids will not have access to uniforms and disadvantaged in our community. books and will not be able to go to camps and on excursions. It will mean kids will be left behind. They The AAA credit rating that this government is patting may also miss out on activities such as music, itself on the back for and boasting about has come at a swimming and other sporting activities. cost to regional Victorian families. Let us start with health and the $826 million that has been cut from the While I am talking about the education cuts, I will health budget since this government came to office, touch on the cuts to TAFEs across Victoria. This has which has resulted in the blow-out in the elective been one of the government’s most disgraceful acts. In surgery waiting list that Bendigo Health is now Bendigo we are still reeling from the effects of the experiencing. Let us not forget the government’s failure $9 million cut to Bendigo TAFE. This state has the to invest in mental health services. Waiting times for lowest youth participation rate in the whole of mental health patients attending Bendigo Health’s Australia, so taking $1.2 billion from our vocational emergency department have blown out extraordinarily. education system just does not cut it. The youth This is the worst waiting period in regional Victoria. unemployment rate in this state is 18.9 per cent, which Data released in June this year showed that more than is the worst figure in mainland Australia. What does one in three mentally ill patients were forced to wait this government do? It cuts funding to an educational longer than 8 hours at Bendigo Health’s emergency institution, a public education provider, that supports department before accessing a bed, and that was just kids to get an education and develop skills so they can between January and March 2013. This is the worst get into the jobs market. This is an absolutely result in regional Victoria. disgraceful act.

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In the time remaining to me, I would like to talk about a increased vehicle registration fees this year, that car is couple of real-life stories that illustrate the impact this now permanently garaged because Barry cannot afford government’s cuts to services are having on families. to pay for its registration. These are just some of the These are real stories, but I have changed the names of people who are doing it tough. the people concerned to protect and respect their privacy. I would like to tell you about Greg and Dianne. Honourable members interjecting. They bought their first home, which is just outside Bendigo, with help from the former Labor Ms EDWARDS — It is interesting that government government’s First Home Owner Grant scheme. That members think this is funny. Actually it is quite tragic. has been scrapped. They would not be able to do that Barry is dependent on — — now. The DEPUTY SPEAKER — Order! The The regional bonus for first home owners building a member’s time has expired. new home in regional Victoria has also been cut. Greg Mr NORTHE (Morwell) — It gives me great and Dianne have four children, two at primary school pleasure to rise this morning to speak on this excellent and two teenagers. The eldest child has a disability and matter of public importance. The core theme of the a mental illness. Dianne is a stay-at-home mum who matter of public importance is the correlation between cares for her eldest child at home. Unfortunately Greg having a strong and stable economy and making sure was injured at work some time ago and has been able to that as a consequence there is job stability and jobs work only part-time since then. They struggle to meet growth. Standard & Poor’s, in its latest assessment of their mortgage repayments and pay their utility bills. the Victorian economy and government performance, Recently they received their rate notice. It contained an has stated very strongly that the AAA stable credit amount for the fire services property levy, which is an rating continues, and that is very important. In the additional charge. Their health care card does not allow context of paying back interest on debt, that AAA them to receive a rebate for this charge. credit rating is very important. If you are downgraded, Greg and Dianne also rely heavily on the education as Western Australia has been recently, obviously that maintenance allowance. These payments to this family interest rate increases. have supported their children at school. The parents do In comparison to other states and territories Victoria is not know how they will manage when this payment is doing extremely well. As I have just mentioned, taken away by the government in 2015. They worry Western Australia, a strong resource state, has had its that their children will miss out on school camps and rating downgraded. Victoria is the only state or territory excursions, and they do not know how they will pay for in Australia that has a AAA credit rating and stable their children’s books and uniforms. outlook, which is fantastic. I suggest that members have Recently, in a very tragic situation, the eldest child a look at some of the commentary from attempted suicide. He was taken to Bendigo Health Standard & Poor’s in its latest assessment. It talks about emergency department, where he waited 5 hours before fiscal discipline. It talks about the difficult political decisions this government has taken. It talks about a being seen by a mental health professional. He was sent home because there were no beds available. Tragically prudent approach to debt and liquidity management. It one week later he again attempted suicide and again also talks about a history of economic reform that will was taken to the emergency department. He has since over time increase the productivity of the state. It also been released with a care program and a case manager, states that it does not expect the commitment to fiscal discipline to change over the life of the current but Dianne fears that if his mental health needs are not attended to, this will not be enough to ensure that he Parliament. There are some very strong, supportive will be safe. This is just one family with many needs words from Standard & Poor’s on the performance of who depend on government support, which has been the Victorian coalition government. taken away by this government. It is interesting to contrast that with Labor’s time in I would like quickly to also tell you about Barry. He is office. The then Treasurer said that revenue was not the a pensioner whose wife died a few years ago and who problem, because on average there was a 7.3 per cent lives in a one-bedroom public housing unit. He increase in revenue annually; the problem was that struggles to make ends meet and was shocked when he when you are spending around 8 per cent annually, you do not have to be Einstein to work out that your debt was told that the government had increased the rent for his unit. Barry has an old Holden, which he has been grows as a consequence. reliant on for 15 years. Sadly, after the government

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In terms of employment, the latest statistics from the the aviation sector out there. Whilst that investment Australian Bureau of Statistics show that in October does that and supports tenants of the airport, the indirect Victoria created 14 200 new jobs. That is a great result, work as well — the civil construction — that has and the Treasurer again outlined a comparison with occurred as a consequence of the investment is really other states and how well Victoria has performed. Since important, and we should not forget that in the context Labor left office, under a coalition government of this particular fund. 73 100 new jobs have come to Victoria. That is a great result as well. From a regional perspective, when Labor Also, through Lion, which is Australia’s largest left office unemployment in regional Victoria was manufacturer of yoghurt, operating out of Morwell, 6.3 per cent; it is now around 5 per cent. We have put there is a project to which we committed close to measures in place to make sure that we increase $490 000. Lion also contributed a substantial amount of business confidence, but we also have a number of money to do an electricity upgrade. Lion had basically programs that are helping support businesses to not reached capacity in terms of manufacturing its product. only retain jobs but also create jobs. Over the past It needed this upgrade to stop brownouts that were 12 months we have seen growth of around 15 500 new occurring within its plant. We have enabled it to do that jobs in regional Victoria. work. We were recently able to open that in concert with not only Lion but a number of electrical Mr Weller interjected. contractors locally who did an enormous amount of work getting Lion upgraded. It now has the ability to Mr NORTHE — I thank the member for Rodney. produce about one-third more of its product than it As I say, that is supported by a strong economic could previously. That provides an opportunity for Lion strategy of building for growth and having a to grow and expand in the future. commitment to infrastructure. One of the key themes, of course, is the Regional Growth Fund. There has been There are also a number of smaller businesses that have $1 billion committed over eight years for this program. been supported, including Hydro Australia in Morwell; It has been just excellent news right across regional Fisher’s in Morwell, through its pallets and timber Victoria, where the Regional Growth Fund has treatment upgrade project; Stirloch in Traralgon, which benefited many Victorian regional communities. Might does construction; Australian Sustainable Hardwoods I say that in addition to the Regional Growth Fund there in Heyfield; Sage Technology in Morwell; the Pinegro are other programs, such as the Regional Aviation packaging plant in Morwell; Steeline Gippsland, Fund, the country roads and bridges program and operating at Traralgon; Victorian American Imports in regional tourism strategies that are in place, which also Traralgon; Narkoojee Winery at Glengarry; STR help support jobs and growth in regional Victoria. Inspection Services, Traralgon; and Morwell Shopfitters in Morwell. Those are just some of many of From a local perspective our business community is our local businesses that have been supported through thrilled to have the support of the coalition government this program. through what is a $35 million industry employment roadmap. This was a commitment made by me and the Total government investment has been around coalition government at the 2010 election, and it has $9.5 million, but the total leverage of projects under the been a great outcome for many businesses in the Latrobe Valley Industry and Infrastructure Fund has Latrobe Valley and the wider Gippsland region. A been around $35 million. component of that $35 million is the Latrobe Valley Industry and Infrastructure Fund, which we have As a consequence of that, the number of jobs that have $15 million sitting under. It was initially $10 million; been created and retained in our region is substantial. we have increased it to $15 million. Some of the That fund is still open for businesses to apply to. One highlights of that package include about 22-odd important aspect of the fund is that we have had a lot of projects that have been supported to not only support inquiries from local businesses, and if they do not fit business but be mindful of the fact that businesses are under the category of the Latrobe Valley Industry and investing their own hard-earnt money and efforts into Infrastructure Fund, we have been able to refer them to growing and expanding their operations. some of those other programs that I mentioned, which they have been able to benefit from. A couple of examples include $1.5 million out at the Latrobe Regional Airport through what was called the It is not just the direct support to businesses that helps; Growing Aerospace Manufacturing project. That was it is also addressing issues like planning. For example, $1.5 million from the coalition government, supported when we came to government Latrobe City Council by the local council, which is seeking to really increase had been requesting for a long time that the former

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government rezone land in the Latrobe Valley. We had to what is happening to jobs in regional centres like a substantial shortage of residential land, but the former Geelong. As we mentioned yesterday in question time, government sat on its hands. Within two months of only last Friday while 300 Avalon Airport workers coming to government the Minister for Planning had were being sacked in Geelong the Premier was in rezoned land, and we are now starting to see the fruits Carlton, in metropolitan Melbourne, opening some of that labour, with houses coming onto the market in hotel and spruiking about what a fantastic day it was. our region. That has been a great boon for the building That is exactly how the Kennett government treated and construction industry and the economy more regional Victoria. It treated and described the regions as generally in the Latrobe Valley and wider Gippsland the toenails of this state, and that is exactly how this region. arrogant and uncaring Napthine government is treating regional Victoria in 2013. There are also a number of initiatives that we have undertaken as a government through programs offered For this government to put forward an MPI today by Small Business Victoria such as the small business singing its own praises for job creation in the state, events program; the mobile business centre, which is whilst in my home town of Geelong major employers now going out more and more, particularly into like Ford, Alcoa, Avalon, Shell and Target — and the regional centres; the mentoring programs; and our latest list goes on — are all at a crossroads, shows that it is, as initiative, Support Small Business Day, which was a I said before, nothing but arrogant and that it survives great success. These are all things that support local through daily political spin. I can assure the Premier businesses. There are also our trade missions. Just last that this is exactly what the workers and the community week I was speaking with people from a company in in Geelong think of this government. They see it as an my region, Baby Royale. It is now exporting food arrogant, do-nothing government when it comes to products all over the world, and they cannot speak saving jobs in Geelong. highly enough of the trade missions that they have been part of and which will continue into the future. In part the MPI we are debating today congratulates the government. The government is congratulating itself on These are all programs that assist and support creating ‘a solid platform for jobs growth’. Given that businesses not only in my region but all around bit of spin, let us look again at what is happening to Victoria. These are practical examples of what we have manufacturing jobs in my home town of Geelong. In been able to do to support our businesses and our Avalon, as I just mentioned, only last Friday we saw communities. The Putting Locals First Fund has been 300 quality positions made redundant, and this another great attraction for our region. We have government has sat on its hands. We see that the Shell supported the company Australian Paper through some refinery is currently up for sale. If that sale goes of its upgrades. It is undertaking a $90 million through, and no doubt it will, another couple of hundred de-inking plant project at the moment, and we have jobs will go down the gurgler. As the government been happy to support that company as well. knows, Alcoa is reviewing its position in Geelong in 2014 — 12 months away. Again, literally hundreds of Those practical initiatives that the coalition government jobs are under threat. Having grown up in Newcomb, in has put in place contrast with what Labor did, and I am the shadows of Alcoa, I know that every second family speaking from a Gippsland perspective. Labor there was employed at Alcoa. For this government to supported its federal counterparts on the carbon tax and continue to sit on its hands, knowing that Alcoa is its contracts for closure policy. One should not forget reviewing its position in 2014, putting hundreds of jobs that its policy at the last election was to close, or under threat, is a disgrace. Of course we also have Ford, partially close, Hazelwood power station. I do not think which has been an iconic employer in Geelong for 50 that sends a strong message of confidence to our or 60 years, if not more. Ford is reviewing its position businesses, in contrast to the actions of the coalition in 2016, putting a large cloud over the future of government. hundreds of Ford employees, and a couple of hundred jobs have gone from Target in the retail sector. Mr TREZISE (Geelong) — I have been in the chamber for the whole debate on this matter of public What is even worse than those examples from importance (MPI), and having just listened to a number manufacturing and retail in Geelong is that this lazy and of government members speak, and given what is arrogant government is doing nothing about happening to our manufacturing jobs in Geelong, I have manufacturing jobs in Geelong, but it cries crocodile concluded that this government is either arrogant or tears while as an employer itself it has sacked and completely out of touch. As a matter of fact, the continues to sack its own Geelong and regionally based government is arrogant and out of touch when it comes workers. Only last Friday, when Avalon was losing

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300 jobs and the Premier was waxing lyrical in jobs plan, which includes increasing the Geelong Melbourne about the opening of a hotel, the Region Innovation and Investment Fund by government’s own water authority in Geelong, Barwon $7.5 million, investing $3 million to develop a Geelong Water, made 84 of its positions redundant. It is a manufacturing hub, creating a Geelong authority to disgrace that at a time when this government purports coordinate the revitalisation of the CBD, investing to be doing something about jobs it allows one of its $4 million to plot the extension of the Geelong Ring own authorities, Barwon Water in this case, to make Road to the Bellarine Peninsula, and the list goes on. more than 80 of its own employees redundant. That jobs plan was welcomed by the 100 stakeholders in attendance at the launch, and those stakeholders As important as these jobs are, they are the tip of the included representatives of businesses, community iceberg when it comes to this government’s record as leaders, trade unionists and trade union leaders. an employer in Geelong, because as part of its so-called sustainable government program, the government has Following the launch, an editorial in the Geelong slashed more than 500 public service jobs in the greater Advertiser headed ‘Labor jobs plan gets ball rolling’ Geelong region. I have raised this issue with the stated: Treasurer on the adjournment debate, and he is yet to provide an adequate answer about how many jobs have The state Labor party has unveiled its jobs plan for Geelong. been cut from the public service in Geelong. As the … Community and Public Sector Union has rightly said, the government has cut more than 500 positions. It is It shows they have a plan for Geelong. hugely hypocritical of this government to feign concern … about jobs in regional centres like Geelong while sacking its own employees. The government’s razor We know that Labor is up for the challenge to help Geelong if gang has secretly slashed jobs while publicly parading they win the election. around, pretending to be concerned about jobs in Now it’s time for the other side of politics to stand up too and Geelong. That is sheer hypocrisy. show us their policy.

As bad as all that is, it gets even worse. The I can assure members that the community of Geelong government slashed $17 million from TAFEs in has welcomed the Labor Party’s jobs plan. That Geelong, and that meant that 90 positions were lost at community knows we have a lazy and arrogant Gordon TAFE. The teachers in those positions would government that has done absolutely nothing over the have provided effective and quality retraining for the last three years to save manufacturing and retail jobs in workers who have been made redundant at Ford, Alcoa, Geelong. I can assure members that come November Shell and Avalon Airport, but this government made next year this government will stand condemned in the them redundant. We saw the same thing happen in the eyes of the people of Geelong for doing absolutely Premier’s electorate in south-western Victoria at nothing other than show arrogance when it comes to Glenormiston College. If there were ever a time when a saving the jobs of the people of Geelong. strong, effective and cashed-up TAFE system were needed, it is right now in Geelong. However, thanks to Mr ANGUS (Forest Hill) — I am very pleased to this government we have seen the exact opposite, and rise this morning to speak on this excellent matter of as a result, dozens of teachers have been made public importance proposed by the member for redundant. Gippsland South. The importance of strong economic management cannot be overstated. It is the basis for For the last three years the opposition has been calling building a range of things, including a strong on this government to be proactive when it comes to community. tackling the jobs crisis in Geelong. We understand that the government cannot force Shell, Ford or Alcoa to As we know, Victoria remains the only Australian state stay in Geelong, but it could be proactive when it to have received a AAA credit rating with a stable comes to tackling the jobs crisis. For the last three years outlook from both of the major ratings agencies. Last the opposition has been calling on this government to week that position was reaffirmed by create, develop and implement a jobs plan, and the Standard & Poor’s in a press release that states: government has failed to do so — unless you call a The state has continued to demonstrate fiscal discipline government sacking its own employees a jobs plan. through its response to ongoing revenue challenges. The government has made difficult political decisions, including Last Friday in Geelong the Leader of the Opposition, containing wage growth and reducing the number of public together with local members, launched the opposition’s servants.

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The press release goes on to state: has enabled the coalition to combine a range of very positive outcomes for the community. In our view, Victoria’s own financial strength is evidenced by its prudent approach to debt and liquidity management, as Turning to infrastructure, we can see the strong and well as the development of medium and long-term fiscal and economic strategies. It has a history of economic reform that responsible economic management that underpins the will over time increase the productivity of the state. We don’t ability of the coalition government to keep investing at expect the commitment to fiscal discipline to change over the record levels in community infrastructure. The 2013–14 life of the current Parliament. state budget infrastructure investment is again at a record level, and this time it is just over $6 billion, That is a great summary from Standard & Poor’s of the which is a quite staggering amount of investment. I coalition government’s responsible economic note that some comments were made by preceding management. It shows yet again the absolute speakers on the other side in relation to a lack of jobs importance of strong, disciplined financial and so on, but I am not quite sure what they were management, which is synonymous with the coalition looking at, because clearly the massive infrastructure and completely foreign to the Labor Party. investment that this government is making is generating It was interesting that in his contribution the member jobs left, right and centre. It is generating jobs at the for Tarneit said that the paragraphs that I have just front end in terms of construction, and it is generating quoted had nothing to do with the coalition jobs in terms of the ongoing operation of the government. That is an extraordinary comment for the infrastructure once it is completed. shadow Treasurer to have made, given the fact that the There are currently four standout projects in the state of Standard & Poor’s assessment is clearly a consequence Victoria, which are the regional rail link, the Melbourne of the decisions that have been made by the coalition Metro rail capacity project, the port of Hastings and the since early on in its term of government. east–west link. Those are all massive, outstanding The AAA credit rating is an important aspect because it projects, which will add greatly to the economy of does a number of things that make the state very Victoria in the short term and certainly in the long term. attractive. It lowers the cost of capital, obviously for the In relation to the east–west link there is significant government itself but also for other players in the confusion amongst our political opponents because the market. It really gives confidence to business, unions in particular are very supportive of this project, particularly big business, and especially international given that it is going to generate an estimated business. It makes the state of Victoria very desirable 3200 construction jobs, and that is vital for employment for people to come to, invest in and run their businesses here in Victoria. It is quite extraordinary that the in, knowing that they have got a stable economic Parliamentary Labor Party continues to oppose this position and a very strong economy. Last month there particular project. was the announcement of a state surplus for 2012–13 of $316 million, and that was considerably higher than the If we turn for a moment to the issue of hospitals, we $177 million estimate at the time of the 2013–14 can see a range of very substantial infrastructure budget. We can see straightaway that again we have projects. There is the Box Hill Hospital out my way, delivered very strongly in terms of the budget outcome, where we are getting 10 floors for the price of 9 floors. and it shows responsible and sound financial and What an outstanding investment that is. It is on time economic management. and on budget — ahead of budget. It is a very important piece of infrastructure for the residents of the electorate It is also interesting to note that expense growth during of Forest Hill — — the 2012–13 year was constrained to a mere 2.1 per cent. What a stark contrast that is when we look back to Ms Ryall — And for Mitcham. the decade under the Labor government when expense growth averaged a staggering 8 per cent, which clearly Mr ANGUS — Indeed it is, for Mitcham, as my in anybody’s language was not a sustainable position, colleague said, and for the residents of the Box Hill and yet it was maintained for the course of that decade. electorate and the other eastern region seats. The great financial result that was achieved recently was reached while also delivering record levels of The Bendigo Hospital rebuilding project is a massive infrastructure programs, including the 2012–13 project of $630 million-odd for a state-of-the-art $5.2 billion infrastructure investment, record levels of hospital in Bendigo. The emergency department at health expenditure and increased funding for schools. It Frankston Hospital is being rebuilt. The Monash Children’s hospital is progressing, and there are

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upgrades to the Royal Victorian Eye and Ear Hospital, export sales. That is the sort of thinking and action we Geelong Hospital and various other hospitals. need in Victoria to generate ongoing financial viability and, equally as important, ongoing job opportunities. Construction jobs are being generated all over the place. Further out in the east there is the planned In conclusion, as I have said many times in this place, Ringwood railway station and precinct redevelopment. strong and responsible economic management is the That is a massive leveraging which is generating many foundation of good government, and that is what we are jobs, in terms of both the construction cycle and also seeing here in Victoria. On that note, I strongly support ongoing jobs; and there is also the expansion of the important matter raised by the member for Eastland. We can turn to any area that members want to Gippsland South, the Minister for State Development. look at. We are increasing prison capacity by building many prisons, following 11 years of underinvestment Mr HOWARD (Ballarat East) — What a sad and by the previous government. There are a range of things pathetic government this is. Not only can it not get a going on. We are removing numerous level crossings, government business program through the house this including at Mitcham Road and Rooks Road in week, but when its members have a chance to put Mitcham. That will greatly assist the residents of the forward a matter of public importance (MPI) they say, eastern suburbs, including the Forest Hill electorate. ‘What a wonderful thing. Our MPI is going to be based on the fact that we have a AAA credit rating’, as though There have been outstanding levels of infrastructure this is new news. It is not new news for Victoria. This is investment, on the back of which we have seen old news, because it is not only under this government marvellous consequences for the local residents but that we have had a AAA rating; we also had it for the importantly also ongoing jobs for those involved. 11 years of the Bracks and Brumby Labor Victoria is the only jurisdiction in Australia where there governments. Standard &Poor’s gave us a AAA rating, is a surplus budgeted for the current financial year and as did Moody’s Investors Service, in every one of those the following three financial years. That is no mean 11 years, and in every one of those Labor years we had feat, given the very challenging economic times we a substantial surplus. have been facing. There is no doubt that we can look back — I do not have the time right now — and see The government is trying to rewrite history by saying what happened under the 11 years of the Labor this is something special for Victoria and we ought to government’s regime. I have spoken about that many be pleased about it. Victorians can be pleased that this times in this place. government has kept the AAA rating and that it has not gone backwards in that sense. However, what have we In terms of jobs, there was great news last week when got from this government keeping the AAA rating? We the Australian Bureau of Statistics released figures have not got very much. We have gone further into showing that Victorian employment grew by debt. This government is a particularly lacklustre 14 200 jobs while nationally the number of jobs government. It is a no-vision government for this state. increased by only 1100, which shows that the very It has had no plan to take action to provide jobs growth strong economic performance in Victoria has in reality. There is no plan to support education and underpinned the national jobs position. As the training, which are serious issues. For young people in Treasurer said last week, there are now 73 100 more particular, who are at risk of falling into the people employed in Victoria than when Labor left unemployment trap, this government has provided office in 2010. There is some marvellous news there for nothing. all Victorians. We have heard from other speakers on this side of the I turn briefly to exports, where we can see the record house that throughout all the years of the Bracks and level of food and fibre exports of $9.4 billion in Brumby Labor governments we had a AAA rating. We 2012–13, and that reinforces the importance of regional had surplus budgets with an average of over $1 billion Victoria, which has been adequately addressed by some every year of the Labor government. We saw strong of my colleagues. At the heart of all that is the issue of growth. We saw substantial infrastructure development jobs and a strong economy. across this state. It was astounding to see how much we were able to put into the Ballarat East electorate after it We can also look briefly at the trade missions. Since had been neglected in the Kennett years, when regional December 2010 the Victorian government has Victoria missed out completely. All the focus in those delivered 64 trade missions, engaging more than years had to be on the growth of Melbourne, the heart 2350 Victorian businesses and more than 30 markets pumping in Melbourne, as Jeff Kennett said, and the and generating over $3.6 billion in projected new

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toenails in regional Victoria might eventually get some is no sense of action from this government. The of that blood as it pumped out. Premier went on to talk about what was happening in Ballarat. He said jobs were being created at the Ballarat Labor reversed all of that. For example, of the 34 public West employment zone and the Ballarat railway station state schools in my electorate, 30 got major precinct redevelopment. The Premier should talk to the infrastructure upgrades in the 11 years of Labor. Under people of Ballarat a little bit more, because those the Baillieu and Napthine governments three years have projects are still in the planning stage with the City of passed, but how many schools have got further Ballarat and there are no new jobs there to be created. upgrades and how many of the last few schools that did not get on the program in the 11 years that Labor was in The Premier named one area where a lot of jobs have power have got their upgrades? Not one. This is a sad been created — that is, at the University of Ballarat government under which no action is taken. Technology Park at Mount Helen. It is pleasing to note that over 1000 people are being employed at that site. The promises that the coalition made prior to the last Why has that happened? It has happened mostly on the state election were pretty minor for my electorate. back of direct action taken by the Bracks and Brumby However, it promised the communities of Mount Clear Labor governments. Former Premier John Brumby and Mount Helen a new fire station. You would have decided to take direct action by relocating most of the thought, given the Black Friday bushfires report and the State Revenue Office Victoria, which does not need to Country Fire Authority report which came out in 2010 be located entirely in Melbourne, to the technology and which identified that Mount Clear and Mount park at Mount Helen. That provided a significant Helen should have their own fire station rather than opportunity for Ballarat to have 250 jobs at the State relying on the others in the region, some action would Revenue Office in the technology park in Mount Helen. have been taken. Labor promised action ahead of the The Labor government also provided well over election, as did the opposition at the time. $5 million to support IBM to develop its new centre at the technology park and provide further jobs. The Now that it has come into government, the coalition’s Bracks and Brumby governments took direct action to idea of following through on promises is to say, ‘In support jobs in Ballarat. The technology park has been year one, we do not need to do anything. In year two, a success, not because of this government, but because we just need to consolidate our revenue, but we still do of the Bracks and Brumby Labor governments. not need to do anything, except maybe in Liberal-Nationals electorates. In year three, we still do Sadly, under this government IBM has cut back a not need to do anything, although we have bought the number of those jobs. Telstra and a number of other site for the Mount Clear fire station, but another year private companies in Ballarat have also cut jobs in can elapse, and in year four, if we tick it off, that is recent years under this government. What has been the good enough’. We will see whether it gets ticked off in government’s response? Instead of helping to support year four, but again I point out there is no fire station in the creation of jobs, this government has actually Mount Clear ahead of this fire season. sacked its own staff at Ballarat. Something like 400 public service jobs have gone from Ballarat. The For the first two years of this government under government’s response has been to sack more people, Premier Baillieu there was a complete lack of vision. to sack its own staff. There was no sense of supporting jobs in my region. Eventually Premier Baillieu was pushed out of his We have had huge confusion in Ballarat, because the leadership position, because there was seen to be a great government’s regional offices have been decimated. deal of inaction, and we got a new Premier. However, The government decided it would be a great idea to not there is still no demonstration that anything better is have regional offices just in Ballarat and Geelong but to happening under this government. amalgamate them with the regional offices in western Melbourne, creating a big super-region. Over the last Premier Napthine was in Ballarat last week. Following two years, since this amalgamation work has been in his visit a headline in the local newspaper read ‘Premier progress, schools in Ballarat have been looking for the throws support behind Ballarat’s manufacturing support staff they used to know in the Ballarat regional industry’. The article quoted the Premier as saying that office. For a long time they did not know what was he supports the manufacturing industry in Ballarat. I happening. Now that all the positions have finally been read on to see what action he intended to take to established, it is obvious there are significantly fewer support manufacturing jobs in Ballarat only to find that positions, and they have to talk to some of the people he was offering moral support, not action. It is good from Melbourne or Geelong because they are no longer that manufacturing jobs still exist in Ballarat, but there in Ballarat.

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Ballarat has lost jobs and service provision, not just and maintain a budget surplus. Victoria remains the from education but also from the Department of only Australian state with a AAA credit rating and a Environment and Primary Industries, the Department of stable outlook from both major ratings agencies. On Transport, Planning and Local Infrastructure and the 8 November, Standard & Poor’s reaffirmed Victoria’s community services area. The regional offices in stable credit rating — the highest possible rating — and Ballarat that used to provide great service and support commended the Victorian coalition government’s on the ground for the people of the region are no longer financial management. Standard & Poor’s reported that there, and that support has to be found in Melbourne or the state has: in Geelong. This government has taken no action to support jobs, which are most important to Ballarat and … continued to demonstrate fiscal discipline through its response to ongoing revenue challenges. The government has the wider region. It has taken no action to move made difficult political decisions, including containing wage infrastructure projects along. It is saying, ‘Oh, in year growth and reducing the number of public four we might finally get around to them’. To be proud servants … Victoria’s own financial strength is evidenced by of a AAA rating is a joke. This government is a joke. It its prudent approach to debt and liquidity management, as well as the development of medium and long-term fiscal and needs to be chucked out at the November 2014 election economic strategies. It has a history of economic reform that so we can get a government that is going to act. will over time increase the productivity of the state. We don’t expect the commitment to fiscal discipline to change over the Mr THOMPSON (Sandringham) — I am very life of the current parliament. pleased to support the matter of public importance submitted by the member for Gippsland South, which The Treasurer stated in a press release of 12 September: is: These signals are encouraging for the Victorian economy and for jobs growth. That this house notes the recent confirmation by Standard & Poor’s of Victoria’s AAA credit rating with a … stable outlook and commends the government for its fiscal management which continues to provide a solid platform for Victoria’s record $6.1 billion infrastructure program, jobs growth and improved services and infrastructure for announced in the 2013–14 state budget, will continue to drive Victorian families and businesses. economic growth and boost productivity in the short to medium term. It was said by a former British prime minister that some governments work under the illusion that you can spend In addition, recent labour force figures show that money you have not got without one day having to Victorian employment grew by 35 000 persons — account for it. That was the position the coalition 1.2 per cent — over the year. That represents a very government inherited from the former government, significant increase in the Victorian workforce. Victoria with a range of failures across a wide range of service has the second-lowest unemployment rate among the delivery areas. Those failures include the massive ICT states, with only resource-rich Western Australia cost overruns; the north–south pipeline at a cost of recording a lower rate. There have been recent positive $750 million; the desalination plant, which will cost signs in the stock market and property market as an Victorians $1.8 million a day for the next 27 years; and indication of improved business and consumer expenditure rising in this state at a rate of 7.3 per cent confidence. where revenue was growing at a rate of only 6.9 per cent. We had the federal example of ceasing the live Recently the Premier returned from a visit to Japan, export trade to Indonesia, which cut off 40 per cent of where Japanese investors were informed that they could the protein supply to Indonesia. It will take Australian be confident that Victoria is a secure place to invest. industry 20 years to recover from that extraordinary The Premier stated in a press release dated 23 October: decision at a federal level. A sustainable manufacturing industry is vital to keeping jobs in Victoria and we will continue to work with the It has been said on other fronts that a worthwhile commonwealth government to ensure that we have a strong society has to be underpinned by a prosperous automotive sector in the future. economic base. That was stated by Arvi Parbo a number of years ago. Another economic philosopher, Interestingly Japan is Victoria’s third-largest trading Friedrich Hayek, noted that the future is not inevitable. partner, with two-way merchandise trade valued at over It has been the focus of the coalition government to $6 billion last year. Food exports are a large part of our contribute strongly to a number of areas of reform and a relationship. It should be noted that Victoria is number of initiatives: first, to expand export markets; Australia’s leading food state, producing and exporting second, to increase productivity in the domestic more than any other state to supply premium, safe and economy; and third, to support our AAA credit rating reliable food to more than 100 markets worldwide.

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The east–west link represents a multibillion-dollar Labor indicated that it would build a new smartcard project providing 3000 jobs to the community and also transport ticketing system by March 2007; that process, delivering a greatly improved network for metropolitan in the words of the member for Forest Hill, was a joke. Melbourne, underpinning future economic growth in Another 1999 election promise by Labor was that it this state. Furthermore, in the Sandringham electorate would introduce WorkCover insurance for cyclists there have been a number of great initiatives, which injured travelling to work; that promise was not include the opening of the Highett Youth Club, the fulfilled. In 1999 Labor also promised that it would announcement of a major funding contribution to the reduce the time it took an ambulance to arrive at the Beaumaris Sports Club, the opening of the last leg of scene of an accident from 15 minutes in 90 per cent of the Bayside Bay Trail in Beaumaris, the opening of the cases to 12 minutes in 90 per cent of cases and to then new Shipston Reserve sports pavilion and the within 12 months improve the response time target to announced conservation of open space at the CSIRO 10 minutes in 90 per cent of cases. Neither of those land in Highett by the federal member for Goldstein, promises was fulfilled. At the same election Labor the Honourable Andrew Robb. promised it would return up to 100 conductors to our trams; this was not done. Labor promised it would If one visited the Cheltenham and Mentone railway phase out free plastic bags by the end of 2008; that stations, one would note the presence of protective promise was not fulfilled. services officers on the station platforms, which is a move welcomed by members of the local community The list of unfulfilled promises goes on and on. I will for the increased and enhanced safety levels and sense add just a few more to the list. In 2002 Labor promised of security they provide to commuters. There has been to set a target to increase the share of Victoria’s a call for submissions for the planned redevelopment of electricity extracted from renewable energy sources the Hampton railway station precinct, which will from a total of 4 per cent to 10 per cent by 2010. If my provide an increased range of housing in the district memory serves me correctly, it actually increased from accessible to local shops, local sporting amenities and 3.6 per cent to 3.9 per cent over that period. Labor also public transport to the city. There is also the imminent promised it would introduce a third rail track between reopening of the New Street railway crossing boom Mitcham and Blackburn as part of the 1999 election gates, which were closed under the former government. campaign; that was not done. In contrast, the coalition A political commitment given at the last state election government is managing the economy, increasing will shortly be realised through the investment of productivity and increasing jobs. $4.6 million in the junction of New Street and Beach Road. STATEMENTS ON REPORTS It is interesting to note the policy failures of the ALP in Family and Community Development its time in office, of which there are a raft. There was Committee: Betrayal of Trust the gaming machine sell-off scandal which cost the state some $3 billion, and the scandal of failed IT Mr McGUIRE (Broadmeadows) — My projects, which amounted to losses of hundreds and contribution concerns the report of the inquiry into the hundreds of millions of dollars. handling of child abuse by religious and other non-government organisations, which I tabled only The promises broken by the Labor Party when in office hours ago as deputy chairman of the Family and did not engender confidence in the political process. Community Development Committee. Betrayal of Labor initially opposed building a desalination plant, Trust reveals the cover-ups that killed. The describing it as a ‘hoax’. It then invested in one that will investigation was into crime, not faith, but like the cost Victorian taxpayers $1.8 million a day for the life journey into Dante’s Inferno, the deeper the descent the of the plant. Labor said it would not use tolls to fund the more horrific the suffering. construction of new roads, yet in the case of the Mitcham–Frankston freeway, originally called the Many share the blame. Perpetrators claiming to Scoresby bypass, it imposed a toll. In 1999 Labor represent God committed the foulest crimes against promised it would build a rail link to Melbourne children — formerly hanging offences — while Airport; that was not done. Another 1999 election religious denominations practised wilful blindness, promise was to build a tramline to Knox City shopping protecting paedophiles through cultures of centre; that was not fulfilled by the Labor Party during concealment. The Anglican and Catholic churches and its time in office. the Salvation Army frequently took steps to conceal wrongdoing, according to the concessions they made to the inquiry and a substantial body of credible evidence.

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Wednesday, 13 November 2013 ASSEMBLY 4005

Victorian governments failed in their duty in regard to Chrissie and Anthony Foster presented two orphanages and homes. Children suffered the triple photographs to the inquiry. The first was a beaming betrayal of neglect and abandonment as infants, then on family portrait featuring their daughters Emma and being taken into the community’s care were grievously Katie. They were attending Sacred Heart Catholic abused, physically, emotionally and sexually. Primary School in Oakleigh at the time. Unbeknown to their parents, Father O’Donnell, the parish priest, was The fortitude of the innocents who testified was raping the sisters. Emma was only five years old when inspiring. Their courage is humbling. Silver-haired men the horror began. The subsequent photo depicted her a cradled photographs of themselves as schoolboys with decade later, wrists and arms bloodied by attempted sunshine smiles. A middle-aged woman presented a suicide. Their father testified that if only through all of happy snap from her first Holy Communion depicting a these complaints the church had acted, his daughter young bride of Christ. Each memento was a cry from Emma would still be alive and his daughter Katie the heart, yearning for innocence lost. Aged 87, a would not be permanently crippled. After giving this woman poignantly revealed her childhood trauma for harrowing evidence the family joined hands and the first time. The existential impact of being raped as a Anthony Foster requested a minute’s silence in child by a cleric was disclosed by a man who confided: Parliament House to honour his deceased daughter. Time ached. Silence offered no solace. Only the bell I was only asking for help when he took advantage of me and stole my soul in a brutal act … from a tram lurching into Bourke Street eventually earthed emotions to a familiar comfort. Children bear the sense of guilt and shame like shadows blighting their lives. A horrendous consequence is that These are the experiences that we felt in this chamber. perpetrators often remain unrepentant, while some The committee put forward recommendations that we victims do not survive. Despite high-profile criminal hope will be accepted in a bipartisan way. This type of prosecutions and incontrovertible evidence, victims abuse occurred throughout the whole of the state. What report that there are still people who refuse to accept the happened in Ballarat needs further investigation to reality and consequences of abuse or the extent to determine whether the cluster of paedophiles was a which respected individuals concealed their knowledge. coincidence or a conspiracy. Admissions secured during this inquiry will surely end the era of blind faith and cover-ups once and for all. I commend the report and its recommendations to the house. Adviser to the Pope, Cardinal George Pell, conceded that the Catholic Church placed paedophile priests Family and Community Development above the law and destroyed documents in Victoria. Committee: Betrayal of Trust When I asked Australia’s highest profile Catholic leader if he agreed that this systemic cover-up allowed Mr WAKELING (Ferntree Gully) — It gives me paedophile priests to prey on innocent children, great pleasure to rise to contribute to this important Cardinal Pell replied: discussion on the Family and Community Development Committee’s report on the inquiry into the handling of Yes, you would have to say there is significant truth in that. child abuse by religious and other non-government organisations. He also agreed with my proposition that moving paedophile priests to innocent parishes where they had There are times when the community looks on access to vulnerable children resulted in more heinous politicians with disdain. Today I stand in this house crimes being committed. He said: proud to serve this Parliament with a genuine belief that the work undertaken by this committee is some of the There is no doubt about it that lives have been blighted. There is no doubt about it that these crimes contributed to too many best work this Parliament has done in many years. The suicides, and that is an ultimate tragedy. inquiry uncovered the great disdain felt by our community for child sexual abuse. This inquiry saw His successor as Archbishop of Melbourne, Denis Hart, leaders of the Catholic Church, from Cardinal Pell agreed that Father Kevin O’Donnell was one of the down, admit for the first time that the church had worst paedophiles in Australia’s history. Despite knowingly harboured perpetrators of child sexual abuse victims reporting his offences to the church hierarchy in within their organisation and, more disgracefully, had 1946, 1958 and 1986, Father O’Donnell was moved to moved those perpetrators from one parish to another, innocent parishes and given access to innocent children, where they went on to commit further crimes. I think of with fatal consequence. Father O’Donnell, who in the 1950s committed a crime against a girl who presented to our inquiry as a

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70-year-old woman. He went on to perpetrate the same Family and Community Development type of crime on the Foster’s daughters in the 1990s. It Committee: Betrayal of Trust just demonstrates the tragedy of this situation. Ms HALFPENNY (Thomastown) — I rise to speak The committee received 578 submissions and held on the Family and Community Development 162 hearings, of which 56 were conducted in private. Committee report titled Betrayal of Trust — Inquiry The inquiry took its toll. We listened to stories of into the Handling of Child Abuse by Religious and victims, many of whom are now my age, and it is only Other Non-government Organisations. I found it very by the grace of God that I did not attend their primary difficult to prepare for today because it is not possible schools. The crimes that were committed against them to find the words. Nothing can describe the shocking occurred when they were the same age as my own and horrific treatment of children criminally abused in children. It was hard to listen to. the very organisations and institutions that were supposed to care for them. And I do not pretend that As a committee we owed it to those victims to come up this report rights the wrongs of child abuse in with a series of important recommendations. We came organisations. It cannot bring back those who have lost up with five key areas for change. The first proposes their lives through suicide, substance abuse, chronic changes to the criminal law. We want to make it an illness and homelessness caused by the abuse; it cannot offence to fail to report to police or to conceal restore the pain of those who loved them; and it cannot knowledge of suspected criminal abuse of a child, we give back the innocence, health and dignity of victims want to make it an offence for people in authority to to whom we owe so much because we failed them so knowingly put a child at risk and we want to make sure badly. it is a separate offence to groom a child for sexual abuse. In terms of civil litigation we want to remove the But I hope this report shines a light on child abuse, its current statute of limitations for victims of criminal consequences and what can be done. It is one very child abuse. For many victims it takes an average of small step in the many, many steps that must be taken 23 years to take action on a crime that was perpetrated along the way. It is a path that we must all ensure against them, so it is important that statute of limitations moves forward and is not forgotten, because many be removed. We want to ensure that organisations can reports and inquiries have been conducted in many be held vicariously liable for the actions of those who countries and it seems that many are left to collect dust act on behalf of the organisation. We also believe it is on shelves. We must not let this happen, and I believe imperative that organisations like the Catholic Church members of the committee responsible for this report, become incorporated to allow individuals to sue the including me, are committed to working with others to organisation, and we need to extend that to any continue to campaign to expose child abuse within organisation that receives government funding or tax organisations, to bringing those organisations to exemptions. account and to continuing to raise awareness within the community and the institutions themselves. Some victims did not wish to go through the court system and sought solace in the Catholic Church’s I want to thank all those very courageous people who Melbourne Response or Towards Healing programs. provided hundreds of submissions and gave evidence of The committee heard of the pain they endured going their abuse and the advocacy groups that represented through those processes, and it has recommended that a them, because it was their work that gave me and the separate avenue be established in the Victims of Crime other members of the committee and in fact the Assistance Tribunal system, an independent community generally a better understanding of the issue government-based system, to allow victims to make of child abuse and its consequences. I believe they have claims through a truly independent body. It would be begun to change attitudes. The community is angry what we call colloquially an ‘abuser pays’ system — about what has happened, and this will provide the that is, those organisations that are perpetrators of the motivation for further change. We have all had our eyes crime will fund the administration of the system and the closed for far too long. Many hundreds of survivors of compensation. child abuse came forward and told us their stories, but I believe many stories are still untold. We have I echo the sentiments of my colleagues that this was uncovered only the very tip of the iceberg. The wonderful work that the committee undertook. I thank evidence was overwhelming — there were so many Frank Vincent, Claire Quin, Mal Hyde, Dr Janine Bush similar shocking stories, so many offenders left and the many other people who were participants in this unchecked, so many cover-ups, denials and decisions inquiry very much for their assistance. by organisations that systematically allowed the further abuse of children in their care.

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Since this inquiry began I have also heard stories from Family and Community Development parliamentary colleagues, friends and family who have Committee: Betrayal of Trust all been touched by child abuse and whose stories are still untold. I would like to extend special thanks to Mr BULL (Gippsland East) — I too wish to make a local couple Bev and Alf Stirling, who visited me early contribution on the report of the Family and on in the inquiry in my electorate office and told me Community Development Committee in relation to its what happened at the Bayswater Boys Home. I inquiry into the handling of child abuse by religious and especially want to thank Alf for helping me to other non-government organisations, which was tabled understand this issue better. earlier today. I certainly commend the contributions made by the members for Broadmeadows, Ferntree I will not go through the recommendations, as they are Gully and Thomastown. published for all to see. I intend to go through some of the issues that confronted us along the way and the This was an inquiry that called on enormous strength of reasoning behind them. As a member of the opposition, character, courage and determination of the many who I did not set the terms of reference. While all members made submissions and appeared before the committee. of the committee want to progress justice and The title of the report, Betrayal of Trust, is most fitting. accountability, there were many debates along the way. Those who made submissions and presented at the Some of these recommendations are compromises hearings were forced to recall periods in their lives because we all believed those who contributed to this when they were at their most vulnerable and were taken inquiry did not want to see party political manoeuvring. advantage of. Indeed the report was only made possible They want and deserve real action and well-considered, by the hundreds of personal accounts that were made practical recommendations that the government can by these people. The strength shown by those people, implement for the future, for the present and for the and in some cases by members of their families who past. Working within the terms of reference, I believe spoke on their behalf, was simply incredible. These all members of the committee contributed fully to this people told stories of having unsuccessfully searched inquiry and all views and concerns were taken into for justice and vindication for what they endured in account. I can say that not all of the recommendations what was clearly an enormous betrayal of trust. and narrative were agreed on by everybody, but there was a genuine will from all members to negotiate and Is there any greater betrayal than the rape of a child or accommodate all views in order to achieve a bipartisan criminal child abuse in any form? I certainly think not. approach. This is what we aimed for with the help of When it is conducted by members of trusted institutions many advisers, researchers and others too numerous to who then make every endeavour to cover up the name. crimes — and through their denials and cover-ups facilitate further abuse on unsuspecting communities, Another issue we wrestled with was retrospectivity. children and families — it is simply an abomination. The report does not support retrospectivity of Organisations were simply pathetic in their responses legislation for matters such as access to church assets and their actions. Put simply, children and their families and criminal sanctions for church leaders for concealing were betrayed by trusted figures. They suffered child abuse. Most of us know that retrospective unimaginable harm, and then these organisations failed legislation is not the norm, and the opposition accepted to act on these heinous actions when they became this position on the basis that there is an alternative apparent. Children were subjected to a pattern of justice system that victims can access to pursue not just criminal behaviour, parents were groomed by those in monetary compensation but also the provision of trusted positions to enable access to their children, support services that may be things such as medical reports of this abuse were then swept under the carpet treatment, housing, training and education for victims and were not acted on and organisations then made and their families as a means of at least addressing every effort to cover up their wrongdoings to protect some of the consequences of the abuse. their reputation and — very disappointingly — their finances. In all, I am very proud of this report, but there is a heartbreaking truth that remains — institutional abuse I wish to comment on some of the recommendations of and its impact on individuals, families and generations the committee, which I very, very strongly endorse. will always be unfinished business. When the camera They are: to make it an offence to fail to report to police lights dim and the media gallery is empty, it is up to all or to conceal knowledge of suspected abuse of children; of us to remember this and to do whatever we can to to make it a criminal offence for people in authority to make sure that it does not happen again. knowingly put a child at risk — this addresses the action we often saw of the moving of clergymen and

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others to new areas to continue their traits; and also to brave these people were, how difficult it was for them make it an offence to groom a child or their parents. to tell their stories and how necessary the telling of This will apply when that grooming has a sexual those stories was for them. motive. I want to acknowledge those who are here with us In relation to civil matters, which the member for today, I want to acknowledge those who were not able Ferntree Gully touched on, the recommendations to make it here today and I want to acknowledge those include excluding criminal child abuse from the current who have left us, those who have completed suicide statute of limitations. This recognises that it can take because of their experiences, because of what they went many decades for victims to come forward in relation to through and because of not being believed. To me this their abuse. We heard from the member for Ferntree report reflects very clearly a parliamentary statement Gully that it takes on average about 23 years, so it is that says: we believe you. For some it may be the first very important that that statute of limitations be time they have heard the statement ‘We believe you’. It excluded. Another recommendation is that the is probably decades too late for a lot of people, but to government ensures organisations are held accountable me this report reflects that belief, and I think that is for their legal duty to protect children from criminal incredibly important. abuse, and that they be held responsible and liable for the actions of those who are acting on their behalf. I see I have not had a chance to look at the recommendations that as a critical recommendation. Importantly it is also but obviously I have heard about some of them, and I recommended that there be greater monitoring and welcome how broad they are and the areas they cover. scrutiny of these organisations through independent When it comes to continuing a healing process we need oversight and the development of the knowledge of to recognise that when it comes to trauma, healing is a people in organisations to better handle such process, and it is not a linear process by any means. We allegations. There were many stories about situations in need to recognise that services are available for those which that expertise and knowledge did not exist. I who have contributed towards this inquiry and for those congratulate those members who were involved in this who have followed it closely, for those who are the inquiry on the report that has been produced. I victims of institutionalised abuse. commend it very strongly to the house. I want to take a moment to acknowledge the service Family and Community Development providers. In my community I acknowledge the Committee: Betrayal of Trust Ballarat Centre Against Sexual Assault, which is an organisation I have previously worked for. I know the Ms KNIGHT (Ballarat West) — I welcome the good work it does and I know how strongly it advocates opportunity to rise and say a few words in response to for victims of sexual abuse, whether that is the presentation of the Family and Community institutionalised abuse or abuse that occurs within the Development Committee report entitled Betrayal of family. I want to recognise organisations such as Trust — Inquiry into the Handling of Child Abuse by Lifeline, which are there all the time for those who Religious and Other Non-government Organisations. I require immediate crisis intervention. I want to again would like to start by acknowledging the work of this thank those who are here in the chamber today, those bipartisan committee. It is really important to who have a lived experience of horrific events, those emphasise that it is a bipartisan committee and that who continue to live with trauma that was imposed on what we are standing here talking about today is them or members of their family. I sincerely want to beyond politics. I also want to acknowledge the thank them for the selfless contribution they have made. incredible work done by those who supported the I look forward to seeing how these recommendations committee. Most of all, I want to acknowledge those play out. who contributed their stories and experiences, or those of their families, for this report. Economic Development and Infrastructure Committee: local economic development I do not think any of us have to think too hard to initiatives empathise with or imagine what it must be like to be a child caught in the system and trapped in an institution Mr SHAW (Frankston) — I would like to commend where they are experiencing institutionalised abuse. We the contributions of the members for Broadmeadows, do not have to think very hard to imagine what it must Ferntree Gully, Thomastown, Gippsland East and be like to not be believed when you are trying to escape Ballarat West. I understand it is a very emotional and from what must have seemed like a veritable prison. I traumatic time for those committee members and more think all here would join me in acknowledging how

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so for the victims of abuse. I want to thank the we do in business. One view described a lack of committee members who were involved. confidence in councils supporting business development due to local politics. That was one of the As this is a debate on committee reports, I would like to reasons given. I think they are fair calls. discuss the committee inquiry I was involved in; it is not the one that the last five contributions have If I bring the discussion down to the electorate of addressed. The Economic and Infrastructure Frankston, I can use the example of the new area of The Development Committee was given the reference to Pines, in Frankston North, where there is a very simple inquire into local economic development initiatives in strip of shops, including a recycled clothes shop, in Victoria in June last year. The inquiry lasted about a Excelsior Drive. It is off the Frankston-Dandenong year and resulted in 43 recommendations. There were Road, but there are no signs pointing to it. Throughout 76 submissions to the inquiry, mainly from councils but the electorate we do have signs pointing to different also from individuals, from the Victorian Employers shops but not at these particular strip shops in Chamber of Commerce and Industry, from the Minerals Frankston. I think it is a very simple request that I have Council of Australia, from the Bendigo and Adelaide put forward to the council. That is a simple way it can Bank and from the Melbourne Airport. There were nine help with economic development. It is not a request to public hearings. They were convened from October build a road or put new paving in for a footpath; it is a 2012 until April this year and then in July this year as simple request to put a sign in on a council pole. The well. The public hearings were held in Melbourne, businesses will even pay for the sign. We would just Ballarat, Mansfield, Dandenong, Geelong and like to put in a sign to say, ‘Hey, down this street Traralgon, and there were further hearings in London, there’s a group of shops open to do business’, which Amsterdam and Berlin. would bring people in. It seems that just to do very simple things like that at a local level is exceptionally I want to touch on three of the committee’s hard. We are looking at areas where that can be 43 recommendations. The overall theme really, rather lightened up, and that was one theme of the report. than recommendation, of the committee’s findings was that growing business is everyone’s business. We have The second of the 43 recommendations was that: the ‘Moving forward’ numberplates in Victoria, we have all of these types of things, but from the outset the The Victorian government works with local councils to support the development of an innovative and agile inquiry stated that growing business is everyone’s entrepreneurial culture within Victorian cities and business. What the committee found is that councils communities. probably need to pull their weight a little bit more. We found that councils have quite a loose definition of That is quite audacious, because many of us have dealt economic development, and the first of the committee’s with local councils here and have maybe been in them, recommendations was that a definition of economic and we know that it takes a long time to get things done development at a local level be established. The within that — — recommendation was that: The SPEAKER — Order! The member’s time has The Victorian government works with local councils to expired. produce an effective definition of economic development which will guide all policy and program development in this Family and Community Development area. Further, any such definition should recognise that growing business and jobs through sustainable economic Committee: Betrayal of Trust development is the business of everyone including all levels of government, the private sector and the wider community. The SPEAKER — Order! Just before closing the statements on parliamentary committee reports, I would It is interesting that the private sector, the wider like from the chair to congratulate the members of the community and government are all put together in that Family and Community Development Committee on recommendation, because one of the thought patterns the fine job they did in the report that has been tabled, that emerged from the 76 submissions was uncertainty entitled Betrayal of Trust. In the very early 1990s I as to whether local government was that way inclined. chaired the Crime Prevention Committee. In June 1995 We are pretty sure that local councils fix fences, mow that committee tabled a report of an inquiry into sexual lawns and pick up the rubbish, but we are not certain offences against children and adults. I am going back about how they can help us in an economic way. At one many years, 20 years at least. We inquired into matters end of the spectrum there was the view that they cannot similar to those looked at by the Family and help us at all and in fact it would be better if councils Community Development Committee. Because of the and governments got out of our way and let us do what acceptance now by the community that problems were

DOMESTIC ANIMALS AMENDMENT BILL 2013

4010 ASSEMBLY Wednesday, 13 November 2013 occurring in not only the Catholic Church but also other review of a declaration that a dog is a restricted breed organisations, the committee members were able to dog; undertake a total and full inquiry and table the report providing that the declaration of a dog as a restricted that they have tabled. breed dog is admissible as evidence and it is presumed that the dog is a restricted breed dog in the absence of When the Crime Prevention Committee’s report was evidence to the contrary; tabled, people in high places who were of the Catholic empowering the Magistrates Court to disqualify a faith, if I can put it that way, in fact stifled the report. person from owning or being in charge or control of a The Catholic Church set up the Melbourne Response to dog if the person has committed certain offences; counter the inquiry the committee was undertaking at providing for entry and search powers under a search the time, and I criticised that. In fact, I expected to get a warrant to determine whether the offence against summons for defamation because I was extremely breeding from a restricted breed dog has been critical of it. The late Monsignor Gerald Cudmore, who committed; and I think was the vicar-general of Melbourne at the time, inserting a requirement and related offence relating to was a person who, with others, was responsible for the provision of certain documents by veterinary transferring paedophiles around the state of Victoria, practitioners and power to obtain a search warrant to interstate and also around the world. He appeared seize the documents if they are not provided. before the committee, and in fact I believe he perjured himself in some of the things he said before the Human rights issues committee. Disqualification orders

The Crime Prevention Committee made Clause 25 inserts new section 84XA in the DA act to provide 130 recommendations. Some, but not all of them, have that the Magistrates Court may disqualify a person from owning, being in charge of or controlling a dog if found been implemented over a period of time, some by the guilty, or not guilty by way of mental impairment, of offences Kennett government and some by the Bracks and relating to dog attacks in ss 28 and 29 of the DA act. This Brumby governments. I can only say that I believe that penalty is imposed at the court’s discretion in addition to or our inquiry was actually the start of a worldwide instead of the penalty applicable to the offence. inquiry into the Catholic Church, because all the Clause 35 inserts new section 319D in the Crimes Act 1958 information started to appear at that time, and that I am granting the court the power to make a similar disqualification pleased with this report. order in relation to offences connected with dangerous, menacing and restricted breed dogs set out in division 9AA of DOMESTIC ANIMALS AMENDMENT part 1 of the Crimes Act 1958. BILL 2013 Right against double jeopardy

Statement of compatibility Section 26 of the charter act provides that a person must not be tried or punished more than once for an offence in respect of which he or she has already been finally convicted or Mr WALSH (Minister for Agriculture and Food acquitted in accordance with the law. Security) tabled following statement in accordance with Charter of Human Rights and Responsibilities While the disqualification order serves the primary purpose of Act 2006: protecting the community, the prohibition on the right to own or be in charge of a dog involves a punitive element, and In accordance with section 28 of the Charter of Human Rights accordingly is relevant to the right against double jeopardy in and Responsibilities Act 2006, (the charter act), I make this s 26 of the charter act. However, as the disqualification occurs statement of compatibility with respect to the Domestic at the time of sentencing, in my view it is properly regarded Animals Amendment Bill 2013 (the bill). as part of the final punishment directly related to the offence, rather than a separate penalty. In my view, the double In my opinion, the Domestic Animals Amendment Bill 2013, jeopardy right is therefore not limited by clauses 25 and 35. as introduced to the Legislative Assembly, is compatible with human rights as set out in the charter act. I base my opinion Powers of entry, inspection and seizure in relation to on the reasons outlined in this statement. suspected contraventions of breeding offences and enforcement of disqualification orders Overview Clause 16 inserts new section 76B in the DA act to empower The bill amends the Domestic Animals Act 1994 (the DA act) an authorised officer, with the written approval of the and the Crimes Act 1958 in relation to the regulation of secretary, to serve a notice on a veterinary practitioner restricted breed dogs. The following amendments are relevant requiring the practitioner to produce or make available for to charter act rights: inspection documents which the authorised officer believes on reasonable grounds to be relevant to determining whether reducing the period within which a person may apply to another person has committed the offence of breeding from a the Victorian Civil and Administrative Tribunal for restricted breed dog. Failure to comply with the notice attracts

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a civil penalty. New section 76D grants an authorised officer Right to property the power, with the written approval of the secretary, to apply to a magistrate for a search warrant in relation to premises, Section 20 of the charter act provides that a person must not including residential premises, if the veterinary practitioner be deprived of his or her property other than in accordance does not comply with the notice. with law. The bill provides that a dog may be seized and destroyed pursuant to a search warrant if discovered to be in Clause 20 inserts new section 84EA in the DA act to the ownership or control of a person subject to a empower an authorised officer, with the written approval of disqualification order. I am satisfied that the bill does not limit the secretary, to apply to a magistrate for a search warrant for s 20 of the charter act as the deprivation of property will occur a person’s residence, in relation to a suspicion of a breeding in confined and controlled circumstances for the purpose of offence being committed. The officer may, with the written enforcing compliance with the DA act and the Crimes Act approval of the secretary, seize a dog involved in a suspected 1958. I also note that the court can suspend the operation of a breeding offence pursuant to new section 84CA (inserted by disqualification order if an appeal is pending or to allow a clause 18 of the bill) or any document relevant in determining person to make custody arrangements regarding a dog, if a breeding offence has been committed. granting an affected person sufficient opportunity to maintain their right to property to the extent that is consistent with the Clauses 25 and 35 provide for persons subject to overall purpose of the bill to protect the community from disqualification orders discussed above to be subject to a dangerous dogs (see new s 84XC of the DA act and new court-ordered search warrant if there are reasonable grounds s 319G of the Crimes Act 1958). for believing that a dog is being held on premises in contravention of a disqualification order. In such I also note that the bill inserts a new section to regulate the circumstances, the bill allows for an authorised officer to seizure of documents or things under the DA act and the obtain a warrant to enter and search a premises, including return of those documents or things, enhancing the residential premises, seize a dog and dispose of the dog in compatibility of the bill’s seizure provisions with the right to accordance with the warrant. property. Clause 23 inserts new section 84GA in the DA act applicable to the seizure of documents or things under Right to privacy part 7A, requiring an authorised officer to make and tender a receipt in the prescribed form for any document or thing Section 13(a) of the charter act provides that a person has the seized and take all reasonable steps for the return of a seized right not to have his or her privacy, family, home or document or thing if the reason for seizure no longer exists or correspondence unlawfully or arbitrarily interfered with. An the relevant proceedings have not commenced within interference with privacy will not be unlawful provided it is 60 days. Any extension of the 60-day period can only be permitted by law, is certain and is appropriately obtained by application to the Magistrates Court. circumscribed. Reverse onus in proceedings for an offence under the To the extent that veterinary documents may contain personal DA act information and therefore be relevant to the right to privacy, in my view the requirement to produce such documents for Clause 29 of the bill inserts a new s 98A(4) in the DA act to inspection is neither unlawful nor arbitrary. The notice provide that in any proceedings for an offence under that act, requiring documents to be made available for inspection may a declaration made by an appropriately trained officer that a only be served by an authorised officer with written approval dog is a restricted breed is admissible in evidence and, in the of the secretary, and only if the authorised officer believes on absence of evidence to the contrary, it is presumed that the reasonable grounds that the veterinary practitioner has dog is a restricted breed dog. By requiring a person to provide documents relevant to determining whether another person evidence to the contrary, clause 29 imposes an evidential onus has committed a breeding offence. The notice must be on accused persons in relevant offence proceedings, thus formally served on the practitioner and give the practitioner displacing to some extent the onus on the prosecution. sufficient time to produce the document or make it available for inspection. New section 76B(6) preserves the protection Right to be presumed innocent against self-incrimination and allows the practitioner not to comply with the notice in such circumstances. Section 25(1) of the charter act provides that a person charged with a criminal offence has the right to be presumed innocent The search and seizure powers contained in the bill only until proven guilty in accordance with the law. Generally, the allow authorised officers to enter and inspect premises in burden is on the prosecution to prove all the elements of the certain prescribed circumstances, all of which require a offence. warrant obtained in the belief that there are reasonable grounds that a contravention of one of the offences has Courts in other jurisdictions have generally taken the occurred. The purpose of the entry and inspection powers is approach that an evidential onus on an accused does not limit to ensure compliance with the regulatory scheme, which is the presumption of innocence. Further, it is appropriate that a designed to safeguard the community against the threat of defendant point to evidence to suggest that a declaration is dangerous or menacing dogs. All search warrants obtained incorrect, in circumstances where declarations can only be are only valid for 28 days, can only be exercised at a made by authorised officers who have undergone specific reasonable time of the day and must state the purpose for training that has been publicly approved by the minister. which the search is required and any conditions to which the Consequently, even if clause 29 was considered to limit the warrant is subject. In these circumstances, I am of the opinion right to be presumed innocent through imposing an evidential that any interference with privacy occasioned through the onus upon defendants, it would be reasonable and justified operation of these provisions will be lawful and not arbitrary. under s 7(2) of the charter act.

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Limitation period for lodging an application to review addressed by the Veterinary Practitioners Registration Clause 27 of the bill amends s 98(2A) of the DA act to reduce Board of Victoria in the form of a guideline that the time within which a dog owner may seek review of a outlines veterinarians’ responsibilities to provide decision of an authorised officer to declare the dog a restricted information to authorised officers in the interests of breed dog, from 28 days to 14 days. public safety.

Right to fair hearing Currently an owner has 28 days to apply to the Section 24(1) of the charter act provides that a party to a civil Victorian Civil and Administrative Tribunal for review proceeding has the right to have the proceeding decided by a of a declaration that a dog is a restricted breed dog. competent, independent and impartial court or tribunal after a Decreasing the time to 14 days will ensure that the dog fair and public hearing. is impounded for a shorter period to protect its welfare In my view, although clause 27 amounts to a restriction of and reduce costs to the council for holding the dog. sorts on the bringing of proceedings, it does not limit the right Fourteen days is considered adequate time for an owner to a fair hearing. Dog owners still have adequate time within to make an application as the owner is given a notice which to apply for review, particularly as s 98B requires owners to be provided with written notice of the relevant which includes information on how to appeal the declaration, either personally or by registered post, and be declaration. advised of his or her review rights, within seven days of a declaration being made. The bill will ensure that if there is a change in the place where a restricted breed dog, dangerous dog or The Hon. Peter Walsh, MLA Minister for Agriculture and Food Security menacing dog is kept, the owner must notify the council of that municipal district where it is to be kept Second reading within 24 hours of the change. This will increase council’s ability to track these dogs. Mr WALSH (Minister for Agriculture and Food Security) — I move: The bill provides for additional offences relating to authorised officers each with maximum penalties of That this bill be now read a second time. 60 penalty units. These offences relate to hindering and The bill amends the Domestic Animals Act 1994 and obstructing or refusing entry. The bill also increases the the Crimes Act 1958. maximum penalties for existing offences for refusing to give information or documents. The bill implements recommendations made by the coroner in the inquest of four-year-old Ayen Chol. The The bill provides that for the purposes of any bill also enhances the enforcement and administration proceedings under the Domestic Animals Act 1994, of the declared dogs provisions and makes other minor including a proceeding in the Victorian Civil and machinery and technical amendments to improve Administrative Tribunal, if a declaration is made by a administration of the Domestic Animals Act. suitably trained council-authorised officer to the effect that a dog is a restricted breed dog, it is presumed, in The coroner made three recommendations to the the absence of evidence to the contrary, that the dog is a government in relation to restricted breed dogs. First, restricted breed dog. This will implement the ‘That the Victorian Parliament expressly prohibit the recommendation of the coroner in the inquest of Ayen breeding of restricted breed dogs and that a criminal Chol that the onus be placed on the owner of the dog to sanction apply to any such breeding activity’; secondly, establish that the dog is not a restricted breed dog. ‘That the onus of establishing that a dog (suspected by regulatory authorities to be a restricted breed dog) is not The coroner also recommended changes to the a restricted breed dog, be placed on the owner of the legislation to provide an offence for breeding a dog and that the Domestic Animals Act 1994 (Vic.) be restricted breed dog. The bill will make it an offence amended to this effect’. These two recommendations with a maximum penalty of 60 penalty units or six are being implemented in this bill. months imprisonment for a person to breed a restricted breed dog. The bill also provides a three-year limitation The coroner’s third recommendation was that the period for filing a charge sheet for this offence instead Domestic Animals Act 1994 (Vic.) be amended to of the normal 12-month limitation period. require veterinary surgeons to ‘report to regulatory authorities if they are called upon to treat or attend any Evidence of breeding a restricted breed dog will be the dog which is a restricted breed dog or may be a mating of a fertile or entire restricted breed dog with restricted breed dog, which is not registered, neutered another dog (whether or not that dog is also a restricted and microchipped’. This recommendation will be breed dog), where the mating results in progeny.

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Confirmation of progeny can only be determined by (a) any declaration of a restricted breed dog, DNA evidence of parentage and so additional powers dangerous dog or menacing dog set aside by have been provided to enable the taking of samples. the Victorian Civil and Administrative This power will apply to determine whether the Tribunal on review; breeding offence has been committed and also to determine whether specified dog attack offences have (b) any dog destroyed as a suspected restricted been committed. breed dog where the owner is unknown; and

The coroner stated in her findings that one means of (c) any dog surrendered to council where the detecting a restricted breed dog breeder is by owner advises that he or she is no longer examination of records held by a veterinary practice. It willing or able to care for the dog because it may be that owners of restricted breed dogs have used has exhibited aggressive behaviour, been veterinarians for vaccinations, pregnancy care or involved or is suspected of having been treatment. Such records may identify litter mates and involved in a dog attack or is considered to be owners of illegal restricted breed dogs and their a restricted breed dog. breeding. The bill will enable an authorised officer, with the written consent of the secretary, to serve a The bill also makes other technical or machinery notice on a veterinary practitioner to produce or make amendments. First, to enable the minister to delegate to available for inspection a document in their custody or a departmental officer his or her power to register possession which the authorised officer reasonably premises on which a council proposes to conduct a believes to be relevant to determining whether another domestic animal business. Secondly, the bill will enable person has committed the breeding offence. the minister to make a declaration of an organisation as Non-compliance will be an offence and will enable the an applicable organisation for a fixed period as well as on an ongoing basis. authorised officer, with the written consent of the secretary, to apply for a warrant to search premises, Finally the bill will ensure that the including residential premises, for relevant documents. code-of-practice-making provisions of the Domestic At the request of local government this bill will enable Animals Act 1994 are consistent with the legislative instrument provisions of the Subordinate Legislation a court to make an order disqualifying a person from owning, being in control or in charge of a dog where Act 1994. the person has been found guilty of certain dog attack I commend the bill to the house. offences in the Domestic Animals Act 1994 or the dog offences in the Crimes Act 1958. Debate adjourned on motion of Ms D’AMBROSIO (Mill Park). Due to the risks associated with leaving a declared restricted breed dog with its owner, councils are Debated adjourned until Wednesday, 27 November. strongly inclined to seize and retain custody of these dogs until any review of a declaration has been ELECTRICITY SAFETY AMENDMENT determined by the Victorian Civil and Administrative (BUSHFIRE MITIGATION) BILL 2013 Tribunal. Since the interval between seizure of a suspected restricted breed dog and determination of an Statement of compatibility application by the Victorian Civil and Administrative Tribunal may be protracted, the maintenance costs Mr KOTSIRAS (Minister for Energy and incurred by a council in keeping a dog can be Resources) tabled following statement in accordance substantial. The bill will therefore make it clear that the with Charter of Human Rights and Responsibilities Victorian Civil and Administrative Tribunal may make Act 2006: an order for a council’s costs of keeping a seized dog if In accordance with section 28 of the Charter of Human Rights the declaration is affirmed. and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Electricity Councils are already required under the Domestic Safety Amendment (Bushfire Mitigation) Bill 2013. Animals Act 1994 to report to the secretary in relation to declared dogs and dogs destroyed under certain In my opinion, Electricity Safety Amendment (Bushfire Mitigation) Bill 2013 as introduced to the Legislative circumstances. This bill requires additional reporting to Assembly is compatible with the human rights protected by the secretary of: the charter act. I base my opinion on the reasons outlined in this statement.

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Overview of bill obligations include responsibility for keeping trees clear The main purpose of the bill is to amend the Electricity Safety of powerlines and inspecting powerlines. Act 1998 (the act) in relation to requirements to keep trees clear of electric lines and obligations on major electricity The Electricity Safety Act 1998 treats urban areas as companies with respect to bushfire management plans. low bushfire risk areas by default. The bill will amend the act to provide that urban areas are those Human rights protected by the charter act that are predominantly subdivided into residential lots no larger relevant to the bill than 0.1 hectares, rather than 0.4 hectares as is currently Right to privacy the case. Higher bushfire mitigation standards — for example, more frequent inspection of powerlines — Section 13(a) of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily will apply to lots between 0.1 and 0.4, unless the interfered with. relevant fire authority assigns a fire hazard rating of ‘low’. This amendment recognises that such lots may Clause 7 of the bill substitutes section 84 of the act with new have untended grassland or extensive tree cover that sections 84A to 84D. New section 84B(1) provides an occupier of land that is contiguous to land on which there is a can carry fire. private electric line is responsible for the keeping of the whole or any part of a tree situated on the occupier’s land clear of Currently, the Electricity Safety Act 1998 provides that the line. Subsection (2) then provides that the occupier may managers of public land in urban areas, including enter onto that land for the purpose of fulfilling this school councils and committees of management, are responsibility. responsible for clearing trees from electricity lines on New subsection 84B(2) is relevant to the right to privacy in that public land. that it empowers a person to enter another person’s property for the purpose of keeping a tree clear of an electric line. The bill amends the act to clarify that for managers of However, in my view this does not limit the right to privacy public land such as school councils and committees of as it does not amount to an interference with privacy that is either unlawful or arbitrary. An occupier’s responsibility management, distribution companies will now have the under new section 84B is for the important purpose of responsibility for clearing trees from electricity lines on mitigating against the fire risks arising from trees being too that public land. Where municipal councils currently close to electric lines. Empowering an occupier to enter have responsibility for clearing trees from electricity another person’s land (for example, another person’s lines on public land there is no change to these backyard into which a tree on the occupier’s land intrudes) in order to prune or remove such a tree is directly linked to this obligations as a result of these amendments. The effect purpose. Further, the occupier may do only what is necessary overall is to avoid the confusion and inefficiencies to keep the tree clear of the line. associated with having a multitude of land managers undertaking small-scale tree clearing activities. The Hon. Nicholas Kotsiras, MP Minister for Energy and Resources The bill will also transfer the responsibility for electric Second reading line clearance from VicRoads to the distribution companies. This will avoid the current uncertainty Mr KOTSIRAS (Minister for Energy and associated with determining whether or not VicRoads Resources) — I move: established a plantation and is therefore responsible under the Electricity Safety Act 1998 for tree-clearing That this bill be now read a second time. responsibilities on that plantation. The bill will improve the effectiveness and efficiency of Currently, distribution and transmission companies regulatory arrangements for mitigation of bushfire risk must submit annual bushfire mitigation plans to Energy in relation to electricity assets. Safe Victoria for its approval. To reduce the The changes set out in this bill will reduce the risks of administrative burden, whilst maintaining effective powerlines starting bushfires in low-density residential bushfire mitigation activities, the bill will amend the areas on the urban fringe. By tightening requirements to Electricity Safety Act 1998 to make bushfire mitigation keep vegetation clear of powerlines in these areas, the plans valid for five years rather than annually. bill will mitigate risks to urban land and increase Companies will be required to advise Energy Safe preparedness for periods of high bushfire danger. Victoria of any substantive changes to their plans during each five-year period and lodge revised plans if The obligations of powerline operators, established by necessary, just as they must do now for electricity Victoria’s electricity safety regulatory regime, vary safety management schemes. according to an area’s fire hazard risk. These

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Finally, the bill will amend the Electricity Safety Act Second reading 1998 to require a distribution or transmission company to publish on its website, and make available for Ms VICTORIA (Minister for Consumer Affairs) — inspection at its office, a summary of its bushfire I move: mitigation plan rather than the whole plan. The plans That this bill be now read a second time. themselves are technical in nature, and a summary will be a more meaningful source of information for the There are more than 85 000 owners corporations in public. Victoria and the government is committed to simplifying and clarifying owners corporation The bill also makes minor consequential changes. legislation for the benefit of the estimated 1.5 million Victorians who own, live or work in these properties. I commend the bill to the house. The bill seeks to confirm the intention of the Owners Debate adjourned on motion of Ms D’AMBROSIO Corporation Act 2006, namely that the annual fees of (Mill Park). an owners corporation should be set according to each Debated adjourned until Wednesday, 27 November. member’s lot liability, as set out in the plan of subdivision, and to overcome the effect of the Supreme OWNERS CORPORATIONS AMENDMENT Court case of Mashane Pty Ltd v. Owners Corporation BILL 2013 RN328577 [2013] VSC 417.

Statement of compatibility Section 23 of the act states that annual owners corporation fees are to be levied according to lot Ms VICTORIA (Minister for Consumer Affairs) liability. Section 24 of the act states that special fees are tabled following statement in accordance with also to be levied according to lot liability. Charter of Human Rights and Responsibilities Act 2006: The primacy of the lot liability principle is reinforced by section 28(2) of the act, which sets out that lot In accordance with section 28 of the Charter of Human Rights owners cannot be required to contribute to discharging and Responsibilities Act 2006, (the ‘charter act’), I make this a liability of the owners corporation in an amount that statement of compatibility with respect to the Owners exceeds their lot liability. Corporations Amendment Bill 2013.

In my opinion, the Owners Corporations Amendment Bill However, section 28(3) of the act seeks to introduce an 2013, as introduced to the Legislative Assembly, is element of fairness by excepting from the operation of compatible with human rights as set out in the charter act. I section 28(2) amounts payable for repairs, maintenance base my opinion on the reasons outlined in this statement. or other works undertaken wholly or substantially for Overview the benefit of some only of the lots. As Mashane’s case makes clear, those amounts are required to be collected The bill will amend the Owners Corporations Act 2006 to on the basis of the principle of who benefits more, pays clarify that the annual fees of an owners corporation must be levied according to members’ lot liability and to clarify that more, described as the benefit principle. the benefit principle only applies to special fees levied under section 24 of the act and to the levying of fees to upgrade Mashane’s case held that the benefit principle must be common property under section 53 of the act. applied to levies of annual or special fees that are for repairs, maintenance or other works. Human rights issues

Human rights protected by the charter act that are relevant There is no objection to the benefit principle applying to the bill to levies of special fees for extraordinary works. However, as Mashane’s case sets out, the application of There are no human rights protected by the charter act that are the benefit principle for levies of annual fees will relevant to the bill. require owners corporations, when setting the fees, to The Hon. Heidi Victoria, MP identify prospective works, allocate an appropriate Minister for Consumer Affairs proportion of the annual fee to those works, identify who will benefit more by those works and by how much, and issue different fee notices to each member based on those estimates.

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This not only disturbs the established practice of setting QUESTIONS WITHOUT NOTICE annual fees according to lot liability but will cause much difficulty for owners corporations and can be Speaker expected to result in increased disputation within owners corporations over the various estimates. Ms ALLAN (Bendigo East) — Speaker, I refer to standing order 53(2), which permits questions to be Further, it is unnecessary to apply the benefit principle asked of: to the levying of annual fees because, under section 49 of the act, owners corporations can recoup from Other members relating to a bill, motion or other public matter connected with the business of the house in which that members, on the basis of the benefit principle, actual member is concerned. expenditures on works undertaken wholly or substantially for the benefit of some only of the lots. I would also like to draw your attention to rulings from Speaker Plowman in the latest edition of Rulings from The bill therefore amends section 23 of the act to clarify the Chair 1920–2013, page 159, that a question may be that the benefit principle does not apply and amends asked of the Speaker ‘where genuine urgency exists section 24 to clarify that it does apply. concerning the proceedings of the house’. Yesterday a majority of members in this place stated that they no The bill amends section 49 of the act so that it relates longer have confidence in your ability to perform the only to the application of the benefit principle to cost role of Speaker. The opposition then asked that you recovery by the owners corporation. Existing consider your position in light of this development. subsection 49(1), which relates only to section 48, is Given that you have now had some time to consider relocated to section 48. your position, can you inform the house whether you Section 53 of the act, which relates to a further category intend to remain in the chair in contravention of the express wishes of the majority of this house of of special fees for upgrading works to the common Parliament? property, is silent as to the basis on which the fees are to be levied. The bill clarifies that these fees are to be Ms Asher — On a point of order, Speaker — — levied on the same basis as special fees under section 23. Ms Allan interjected.

The changes to the act ensure there is no ambiguity The SPEAKER — Order! The member for about the way the benefit principle should be applied in Bendigo East was heard in silence. owners corporations. Honourable members interjecting. The bill has the support of key owners corporation stakeholders: the Victorian branch of Strata Community Ms Asher — Speaker, this is not an appropriate Australia, the Real Estate Institute of Victoria and the question to you, because the vote yesterday was on a Victorian division of the Property Council of Australia. motion pertaining to government business. In fact the basis of that question asked of you, if it in fact was a I commend the bill to the house. question, is based on a false premise — that is, the premise that the member for Bendigo East appears to Debate adjourned on motion of Ms D’AMBROSIO think there was a vote relating to your capacity to be (Mill Park). Speaker of this house. In fact there was no such vote yesterday, and the question should be ruled out of Debate adjourned until Wednesday, 27 November. order. Sitting suspended 1.05 p.m. until 2.02 p.m. Ms Allan — On the point of order, Speaker, to Business interrupted under standing orders. clarify, I just asked you a question in line with standing orders and sessional orders. The Leader of the House — —

The SPEAKER — Order! This is a question from the opposition, is it?

Ms Allan — Yes.

The SPEAKER — Order! Question 1?

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Ms Allan — Question 1. What I initially raised was house’. The opposition of government members to this question 1. The Leader of the House has just raised a question seems to be on the basis that they do not like point of order, and I am responding to that point of it. The question is completely in order. Anyone who order. The Leader of the House may wish to describe was listening to the debate and anyone who observed standing orders as a false premise, but we certainly the vote, which was a vote on you, Speaker, wish to see the standing orders upheld. It is quite clear understands that we are talking about urgent under standing order 53(2) that other members — that proceedings of the house. The question is completely in is, any member of this house — can have a matter order with regard to standing orders and statements in raised with them that has to do with business that that Rulings from the Chair. You should answer the member is concerned with. Obviously issues to do with question, Speaker. you, Speaker, are things that directly affect you. The SPEAKER — Order! The question that was Further, a ruling in Rulings from the Chair by Speaker put yesterday did not relate to me, it related to the Plowman indicates that such a question can be asked government business program, so I rule the question where a genuine urgency exists concerning the out of order. proceedings of the house. I would argue that the lack of support for you on the floor of the house is indeed a Mr Andrews — On a point of order, Speaker, genuine emergency. It is a very grave and serious yesterday the member for Frankston made it very situation. The government may wish to cover this up clear — and he has reiterated it again today — that he and hide behind a false premise and its interpretation of does not have confidence in you as Speaker. The standing orders, but we would appreciate your position of the parliamentary Labor Party is abundantly answering the question, which is totally in line with the clear, and has been so for some time, that we too do not proceedings that are outlined in both standing orders have confidence in you as Speaker. Yesterday you were and Rulings from the Chair. This could all be addressed asked whether you would consider your position, and it quite easily, Speaker, if you simply answered the is completely inappropriate for you to refuse to answer question. because of the fact that you do not command a majority on the floor of this Parliament. You are accountable to Mr O’Brien — On the point of order, Speaker, the this house and you do not have a majority in this house, member for Bendigo East has, I think, referred to the so you ought to answer to the fact that you are Speaker sole element of Rulings from the Chair which does not without the support of the majority of the members of explicitly rule out her question. On page 159, Rulings this chamber. Ignoring this will not make it go away. from the Chair states quite clearly: The SPEAKER — Order! I am not ignoring It is not in order to ask the Speaker a question without notice anything. I have already ruled on the question — I ruled in the house. it out of order. Honourable members interjecting. Child abuse inquiry recommendations Mr O’Brien — Wait for it. The ruling continues: Mr WAKELING (Ferntree Gully) — My question Any questions should be addressed to the Speaker in is to the Premier. Can the Premier advise the house of chambers or by letter. what steps the coalition government will be taking following the tabling of the final report of the inquiry It goes on to say: into the handling of child abuse by religious and other Question time is about members seeking information relating non-government organisations? to government administration. Dr NAPTHINE (Premier) — I thank the There is no genuine urgency. This is question time, in honourable member for his question and for his accordance with the normal procedures of the house. participation in that important inquiry. This is a historic There is no genuine urgency, and therefore, clearly in day for Victoria, and it is a historic and proud day for accordance with the Rulings from the Chair, the the Victorian Parliament. It is a time when politics have question should be ruled out of order. been put aside and members of the Parliament have worked together in the best interests of the health and Mr Merlino — On the point of order, Speaker, this welfare of the children of Victoria. It is a time when a question is completely in order, in accordance with parliamentary committee has done justice for those who standing order 53 and in accordance with the words in have felt injustice and for those who have suffered the ruling from Speaker Plowman ‘where genuine abuse and a betrayal of trust by trusted figures and urgency exists concerning the proceedings of the

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trusted organisations. It is a time when we can do our in their own hearts to examine their own operations and best to ensure that in the future children do not have to make similar changes. In setting up this inquiry, the endure what too many children have suffered in the government sought to make longstanding reform. The past. protection of our children is paramount. We have seen the Parliament work well, and I commend all those To use a line from the report, it states: involved. We have heard the voices of the victims, and we have heard those who spoke on their behalf. We The criminal abuse of children represents a departure of the gravest kind from the standards of decency fundamental to cannot let them down, and we will not let them down. any civilised society. We will act to protect our children, and we will act as quickly as possible. The government welcomes the tabling of this report, and it particularly thanks the Family and Community Mr ANDREWS (Leader of the Opposition) (By Development Committee, led by the Georgie Crozier, a leave) — I am indebted to the Premier for generously member for Southern Metropolitan Region in the other granting me leave. I will simply add to his eloquent place, for its work in listening to those who have comments. This report is a catalogue of desperately sad suffered and for delivering this landmark report, with its and bitter betrayal that diminishes all of us in this 15 important recommendations. The committee Parliament and across our community. The received 578 submissions and held 162 sessions in government, and particularly the former Premier, the Melbourne, Geelong, Ballarat, Bendigo and across the member for Hawthorn, are to be commended for taking state. It was an arduous task, and I commend the action. I am pleased to make that acknowledgement committee for its work. today.

I also pay particular tribute to the former Premier, the The Premier was right to have indicated that the member for Hawthorn, and to the Deputy Premier, for government will move swiftly in relation to these their leadership in initiating this inquiry, which has put matters. On behalf of the parliamentary Labor Party, I the issue of systemic child abuse on the national indicate that we are prepared to facilitate, to support, to agenda. It has led to the commonwealth government be briefed and to cooperate in any way to deliver on the establishing a royal commission and to the New South promise of this report — that is, a legislative framework Wales government establishing a special commission that will make sure that this sort of betrayal and these of inquiry. sorts of evil acts are never again committed against our most vulnerable. I now pay very special tribute to those who have showed incredible courage and fortitude in telling from I also add my words of gratitude to committee members their hearts their own stories of betrayal, pain, abuse and to those who supported them. Most importantly, I and suffering. I say to them: thank you for telling your wish to say that the dignity, the grace and the bravery of story. I say to the others who are still unable to tell their those who have come forward to tell their stories is stories that they should take courage from what has quite amazing. Each of us is in awe of the strength and happened in this process. I also acknowledge the many courage of those who are still here and who live with organisations and experts who provided expert advice this betrayal every day, and our thoughts are with those during the committee’s deliberations. who are not. We have to put this right, and I am sure that every single member of this house is committed to As members are aware, the normal procedure when a doing just that. committee tables a report is for the government to respond within six months. However, I can advise the City of Greater Geelong mayor house that the government is not going to wait that long before acting on this report. We will immediately Mr ANDREWS (Leader of the Opposition) — My commence drafting legislation to implement a number question is to the Minister for Local Government, and I of the report’s recommendations, including creating a ask: can the minister inform the house of when she first new grooming offence, creating a new child became aware that Mr Keith Fagg, the then mayor of endangerment offence, making it clear that it is a crime the City of Greater Geelong, intended to resign as the to conceal criminal child abuse and removing any mayor of the City of Greater Geelong? When did the inappropriate time limitations with respect to access to minister first become aware of that matter? justice. Mrs POWELL (Minister for Local Government) — The government is committed to making changes to I thank the Leader of the Opposition for his question. I protect our young. We want those in other organisations became aware of Keith Fagg’s resignation when there

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were reports in the newspapers. He did see me to let me Before coming to office, the then Leader of the know that he was intending to resign, so it Opposition, the member for Hawthorn, committed that was no — — a coalition government would establish an inquiry into how to strengthen and improve the protection of Mr Merlino interjected. vulnerable children. On coming to office the government quickly moved to establish the protecting Mrs POWELL — I could check on those facts, and Victoria’s vulnerable children inquiry under the take the question on notice. I am quite happy to come leadership of the Honourable Philip Cummins. back and give a response. I am more than happy to Released in February 2012, the Cummins report made a check my diary. range of recommendations on the protection and Honourable members interjecting. support of vulnerable young Victorians and how that could be improved, including the recommendation that Mrs POWELL — It is not confusing. led to the establishment of the parliamentary inquiry, whose report has been tabled today. Honourable members interjecting. The inquiry also significantly informed the Mrs POWELL — I will just say that I am happy to development of the coalition government’s vulnerable come back to the member and give him that children strategy, which was released in May this year. information. Underpinned by an investment of more than $650 million over the past three years, the strategy Child protection initiatives brings together all the relevant ministers and all the relevant parts of government focussing on three main Ms RYALL (Mitcham) — My question is to the goals: preventing abuse and neglect, acting earlier when Minister for Community Services. Can the minister children are vulnerable and making sure that we can advise the house of what actions the Victorian coalition improve the outcomes for those who are in state care. government is taking to protect vulnerable children? Of course, while the Cummins inquiry was very Ms WOOLDRIDGE (Minister for Community important, and the vulnerable children strategy and the Services) — I thank the member for Mitcham for her report tabled today have already had many responses, it question. Today I am very proud, as I am sure many will also inform our responses for many years to come. members in this house are proud, to be a member of the We have already taken some significant actions, Victorian Parliament. I am proud that under the though, and I want to provide some examples. We leadership of our coalition colleague, Georgie Crozier, established the Commission for Children and Young a member for Southern Metropolitan Region in the People with the power to initiate and conduct inquiries other place, this Parliament’s Family and Community into government and government-funded organisations Development Committee has delivered a report that and the capacity to report directly to the Parliament. will make a significant contribution to improving the lives of vulnerable Victorians. This is a key focus of my We are investing in new multidisciplinary centres. In portfolio responsibilities, and it is a goal very close to addition to the ones established by the former my heart, as I am sure it is close to the hearts of many government in Frankston and Mildura, we have opened of those in this place. a new multidisciplinary centre in Geelong, and we are funding a further three centres in Bendigo, the Latrobe I congratulate the committee on its significant work, Valley and Dandenong. Those centres co-locate an which was conducted in circumstances that were both integrated specialist sexual abuse response comprising challenging and confronting. While we can appreciate child protection workers, Victoria Police sexual what the committee has been through, I do not think we offences and child abuse investigation teams (SOCITs), can ever imagine how traumatic it must be for those and the centres against sexual assault. survivors of abuse who have shared their stories with the committee, many of them for the first time. The We have more than tripled the number of SOCITs to courage they have shown through their participation is deliver statewide coverage; we have strengthened a beacon to us all. The prevailing desire of participants statutory child-protection services; put in more senior in the parliamentary inquiry is that such widespread and workers working with more families and supporting persistent abuse never happens again, and that is a goal more junior staff; child protection and Victoria Police that the government shares. are working together to disrupt the sexual exploitation of children; and we have changed criminal procedures in sexual offence trials to protect vulnerable witnesses.

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Those are just some of a range of initiatives that residents and new businesses into rural and regional government ministers have already delivered or are Victoria. currently implementing under the leadership of the Napthine government — and our work continues. We One of the mechanisms, among many, that we have owe it to our children to make sure that we have an employed as a government has been the conduct of our appropriate response for the future to protect them. Regional Victoria Living Expo. It has been held in April for the last two years, and I know that many City of Greater Geelong mayor members of the house have been along to see it and participate in it. This year about 9500 people came Mr WYNNE (Richmond) — My question is to the through the doors, which was about a 15 per cent Premier. Can the Premier advise the house when he increase on last year, and we are hoping for a bigger first became aware of Keith Fagg’s intention to resign and better attendance next year for the third of these as mayor of the City of Greater Geelong? events. Last year there were 138 exhibitors from the 48 rural and regional councils. All 48 of those rural and Dr NAPTHINE (Premier) — I thank the regional councils were represented during the course of honourable member for his question. I will check my the expo. diary and get the exact dates, but to the best of my recollection it was about 24 or 48 hours before it was Over the last couple of years there have been many make public, I think, on a Saturday. I cannot remember examples of success stories associated with people who exactly which week it was, but it was about a day or have been attracted, because of the activities of the two before that that Keith Fagg asked to see me. He expo, to make an inquiry about living in the regions and came in to see me in my office in Treasury Place, and who have then gone on to do so. Just last week I was in he had some other people with him. He advised me at Yarrawonga in company with the local member, and that meeting that he had made a decision that he would we went to a business now being operated by Nino and resign as the mayor of Geelong, that he had had advice his partner, Deb, who are two people who went there with respect to his health and that it was more after going to the expo in 2012. They were appropriate for him to resign. subsequently able to make contact with the Shire of Moira, and through a sequence of events they have At that meeting I asked if he would further consider his been able to locate their business — a very busy coffee position, that he had been elected as the directly elected shop, I might say, and an assembly point in mayor and he was, I believed, doing a very good job as Yarrawonga — where I was able to spend some very directly elected mayor. But he made it clear that his enjoyable time with them. I might add that they are also medical advice was such that it was more appropriate expanding their business to include the capacity for for him to resign. I wish Keith and his family well, and functions to be held at and around Christmas. I thank him for his service to Geelong and our community. First National Real Estate is another success story in this regard. Across its various outlets throughout Regional Victoria Living Expo Victoria it has been able to attract a lot of people who have been through the expos and are now indicating an Dr SYKES (Benalla) — My question is to the interest in being able to come and live in the regions. Minister for Regional and Rural Development. Can the Indeed I can tell the house that they are in the final minister update the house on how coalition government stages of negotiations which will see three new doctors policy is encouraging Victorians to make the move to start operating a clinic in one of our regional cities in regional and rural Victoria, helping to grow local 2014. They are very close to closure on the whole communities and economies. thing. Of course that will be a magnificent addition to Mr RYAN (Minister for Regional and Rural the community of that region. Development) — I thank the member for his question. The Shire of Yarriambiack not only followed up with As the house knows, one of our strong beliefs as a the second of the expos this year but also had its own government is that enhancing the future of rural and open day in May, when many people came to the regional Victoria and making sure that we resource that municipality who had been participants in the expo. great part of our state in the best possible respect is very The shire has been able to attract families to both important. It is important not only in the interests of Hopetoun and Warracknabeal. One of the families is those regions but very particularly for the state as a involved in teaching and the other is involved in the whole. A big part of that is the capacity to attract new Rural Northwest Health service. That is another success story. In the Hindmarsh shire Susan Symonds and Ross

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O’Donnell have bought the Farmers Arms Hotel at minister advise the house of the great work the State Nhill, which I am sure is known to many of us in this Emergency Service and its volunteers have undertaken place. They are living out their dream in that they are this year to assist Victorian families, communities and now operating that hotel in that lovely town. businesses?

In 2014 the expo will be held from 11 April through to Mr WELLS (Minister for Police and Emergency 13 April. We anticipate that again there will be Services) — I thank the member for Burwood for his something in the order of 140 exhibitors present. We question and for his strong interest in emergency are looking to attract people to come along to the expo services. Today is Wear Orange Wednesday, which is and break through that attendance barrier of held in support of the fantastic work that the State 10 000 people. There will be many additional aspects to Emergency Service (SES) does. I thank all members on it in the course of this coming year. I urge members to both sides of the house who have worn something strongly support this event. We need to get Melburnians orange or who are wearing a badge. out of this place and living out in the regions. It will be the better for all of us, because when the regions are The SES has been involved in most of the major successful the whole of Victoria prospers. emergencies in Victoria since it began in 1950. It is the lead agency in emergencies such as earthquakes, winds, City of Greater Geelong mayor storms and tsunamis. It is also part of the largest road rescue network across the entire country. In addition to Mr WYNNE (Richmond) — Again my question is that, it assists police in search and rescue and also to the Premier, and I thank him for his previous answer. supports the Country Fire Authority (CFA) and the In that answer the Premier indicated that other people Metropolitan Fire Brigade in a major role when it were present at the meeting when Mr Fagg advised him comes to bushfires. of his proposed resignation as mayor of the City of Greater Geelong. Will he advise the house of who else Recently I was with member for Benalla when we was in attendance at that meeting? visited the Mansfield SES and thanked its volunteers and staff for the outstanding work that they do. Dr NAPTHINE (Premier) — I have received some Mansfield is in a beautiful part of Victoria, but advice with respect to the previous answer. I can advise obviously it is in a mountainous area. Around Mount that on Wednesday, 14 August, Keith Fagg met with Buller there are issues with hikers and other people me at 4.00 p.m. at Treasury Place, and on Friday, getting lost. We were there to pay great tribute to the 16 August, Keith Fagg announced he was leaving as Mansfield SES. mayor. My recollection — and again, I will check my records — is that his brother was with him when he met The SES does an incredible job right across the entire with me. As some members would know, his brother is country. Its volunteers and staff are called on at all a very close confidant and friend of Keith Fagg. times of the day and night to participate, whether it be Mr Fagg indicated that he had significant health 2 o’clock or 4 o’clock in the morning, and whether it be problems and that he had had health problems earlier to deal with wind, flood or storm damage. In March this that year. I think Keith Fagg did his best for the people year a tornado hit northern Victoria. Who would have of Geelong, and unfortunately he suffered a health thought a tornado would hit Victoria? The member for problem which — — Murray Valley and I visited Bundalong and other places around that area. The first thing that the residents Mr Andrews interjected. said was, ‘Thank goodness for organisations like the SES’. Within an hour or so after the tornado had hit, the Dr NAPTHINE — I will check my records, but my SES volunteers were out there clearing trees from the recollection is that his brother was with him. This is a roads with chainsaws, helping residents whose houses very simple matter: Mr Fagg was elected as mayor, he were completely destroyed in some cases, dealing with did his very best, he had a health problem and he trees falling over or putting up tarpaulins to make resigned. He notified me at a meeting at 4 o’clock at places safe. It was a real eye-opener not only for me but Treasury Place on 14 August, and his resignation was for the member for Murray Valley as well. announced on Friday, 16 August, in the newspaper that morning. In that one incident in March this year 450 volunteers from the SES were there, with 60 units and 25 staff Wear Orange Wednesday members assisting. The other issue which is pleasing for the government to note is of course the coordination Mr WATT (Burwood) — My question is to the between the police, the CFA, the SES, the Department Minister for Police and Emergency Services. Can the

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of Human Services and the other agencies. The other the house on the performance of Melbourne’s public incident that I would like to mention occurred between transport network and how this compares with 31 May and 1 June this year in the northern and inner performance in previous years? eastern parts of Melbourne, when we had 60 to 100 millimetres of rain and flash flooding. The SES Mr MULDER (Minister for Public Transport) — I was able to respond. It conducted five rescues, thank the member for Carrum for her question and for including involving vehicles that had been caught up in her interest in the performance of Melbourne’s public the floods. transport network. I do not think it is any secret that when we came to government the public transport For the 2012–13 year 325 000 volunteer hours were network in Melbourne was in utter chaos. It was in used in responding to 18 000 calls for help. That is meltdown. Its performance was appalling. We put our quite extraordinary. But it is not just the rescues that the shoulder to the wheel and we started to improve the SES is involved in; it is also involved in educating network. communities, including those community members who wish to get involved in some sort of mischief — We allocated $100 million to maintaining the railway for example, young men entering floodwaters. The network, including a back-to-basics approach of sleeper FloodSafe initiative is run between 30 April and 6 May, replacement, signal improvements, points and and it is about educating people about the dangers of crossings — all issues that we raised in opposition and floodwaters. It also assists the cities and shires around have now addressed. There is $386 million for 15 new the state to put together municipal flood emergency X’trapolis trains to plan for growth. As we know, plans, and it conducts introductory emergency commentary has been made in the past that if you fail to management courses. I thank all the SES volunteers for plan for growth, you go nowhere. We planned for the hard work they have contributed. growth, and we ordered 15 new X’trapolis trains, with 7 delivered, having been assembled at Alstom in City of Greater Geelong mayor Ballarat, and 8 further trains now on their way. These will be delivered into service progressively from 2015. Mr WYNNE (Richmond) — Again my question is to the Premier, and I thank him for his previous answer There are 1078 additional train trips each and every in which he acknowledged that his first meeting with week on metropolitan lines. Once again, if you are Mr Fagg was on 14 August. Can the Premier confirm going to plan for growth you have got to make sure that that at a meeting on 13 August, three days before Keith you have the services to meet people when they turn up Fagg announced his resignation as mayor of the City of to jump on board a train. We have also added Greater Geelong, the Premier canvassed options under 3400 additional bus trips per week, and a lot of those which his government would permit an election to have now been aligned with the train timetable. You occur for a new mayor? can only do that if you get punctuality up on the metropolitan network, so we have done a lot of work in Dr NAPTHINE (Premier) — I can advise the house that space. We are investing $4.8 billion in the regional with respect to the meeting on 14 August that people rail link project, which means 3481 jobs and present at the meeting were me, Keith Fagg, his brother $25 million into the Victorian economy each week. I Barry Fagg, Paul Jamieson, who was then the acting report to the house that that project is running ahead of CEO of the City of Greater Geelong, and Anna Cronin, time and well within budget, which the Labor my chief of staff. Can I say with respect to the question government would never have dreamt of achieving with that was put by the member for Richmond, that no such a project of this size. meeting took place, because at that stage I was not even aware that Mr Fagg was going to resign. We are investing $418 million to remove level crossings, addressing safety and congestion at Mr Wynne — No such meeting on the 13th? Springvale Road in Springvale, Mitcham Road and Rooks Road in Mitcham and Anderson Road in Dr NAPTHINE — No such meeting on the 13th. Sunshine. We are investing $100 million in the bayside The first that I was aware that Mr Fagg was going to rail improvement program, which will allow X’trapolis resign was at the meeting on the 14th. It was a surprise trains to run along that line. We will upgrade signalling to me at that time. and make improvements to canopies along the stations, so that we can spread people along the stations and load Public transport network performance trains more quickly than in the past. Mrs BAUER (Carrum) — My question is to the Minister for Public Transport. Can the minister update

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In the Age of 29 October there was comment that Human rights issues Victorian trains are overcrowded and ‘fail to meet 1. Human rights protected by the charter act that are performance and punctuality targets’. I will not go into relevant to the bill who made that comment, but I will report on the current performance of the metropolitan network. Metro Trains The bill does not raise any human rights issues. Melbourne has run more than 90 per cent of trains on 2. Consideration of reasonable limitations — section 7(2) time each month since April 2012. That is a period of 18 months. That is compared to October 2010, when As the bill does not raise any human rights issues, it does not only 87.8 per cent of trains ran on time. In October this limit any human rights and, therefore, it is not necessary to year 94 per cent of trains ran on time. On the Pakenham consider section 7(2) of the Charter Act. line 90.6 per cent of trains ran on time, on the The Hon. Heidi Victoria, MP Cranbourne line it was 90.3 per cent, on the Werribee Minister for Consumer Affairs line it was 92.2 per cent and on the Frankston line it was 92.9 per cent. The SPEAKER — Order! The Minister for Consumer Affairs is having some trouble with her Contrary to previous reports, overcrowding is also throat, and it would be appreciated if members could be down on the network and has fallen from 41.4 per cent quiet. in May 2010 to 19.95 per cent in May this year. It has been halved. We saw it at its absolute best on Mr Wynne — If I may, Speaker, we are happy to Melbourne Cup Day — with 53 000 racegoers, 99 per assist the minister. Clearly she is struggling with some cent of trains ran and 97.1 per cent ran on time. health issues. If it assists the minister, we are perfectly happy to have the second-reading speech tabled and The SPEAKER — Order! The time for questions incorporated into Hansard. has concluded. Ms Asher — I thank the member for Richmond for TRAVEL AGENTS REPEAL BILL 2013 that offer. We have processes in place in relation to second-reading speeches, but it is a generous offer. The Statement of compatibility minister has indicated that she is well able to continue.

Ms VICTORIA (Minister for Consumer Affairs) Second reading tabled following statement in accordance with Ms VICTORIA (Minister for Consumer Affairs) — Charter of Human Rights and Responsibilities Act 2006: I move: That this bill be now read a second time. In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (the ‘charter act’), I make this statement of compatibility with respect to the Travel Agents The bill will repeal the Travel Agents Act 1986 and Repeal Bill 2013. remove references to that act in other Victorian legislation. It implements a key recommendation in a In my opinion, the Travel Agents Repeal Bill 2013, as national travel industry transition plan approved by a introduced to the Legislative Assembly, is compatible with human rights as set out in the charter act. I base my opinion majority of Australian governments on 7 December on the reasons outlined in this statement. 2012.

Overview of bill The bill illustrates the government’s ongoing commitment to remove unnecessary red tape for The bill will repeal the Travel Agents Act 1986, giving effect to a commitment on 7 December 2012 by a majority of businesses and promote efficient and adaptable Australian governments, including Victoria, to repeal existing regulation. state and territory travel agents’ legislation by 1 July 2014 and wind up the Travel Compensation Fund. The transition plan recommended sweeping changes to existing travel agents regulation, which has been in The bill will also give effect to the Victorian government’s commitment to reduce the costs of licensing and registration place since 1986, following the introduction of a for businesses, as outlined in the Minister for Consumer cooperative scheme for the uniform regulation of travel Affairs’ statement of expectations on 18 April 2013. agents, known as the national scheme.

The terms of the national scheme required jurisdictions to enact uniform legislation requiring travel agents to be licensed and for those agents to become and remain members of the Travel Compensation Fund, or TCF.

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The TCF monitors the financial position of travel through the International Air Transport Association, agents and administers compensation to consumers IATA. who have suffered financial loss because their travel agent has failed to pay a travel or travel-related service In practice, these controls cover the majority of the provider on their behalf. travel agent market, which is dominated by a small group of large companies. Now, after over two decades in operation, the national scheme has steadily become ill suited both to modern It was in light of these challenges that Victoria and New industry practices and to how consumers purchase South Wales — in collaboration with all other travel today. jurisdictions — developed a Travel Industry Transition Plan, taking into account two independent cost-benefit The rise of electronic commerce in particular has analyses, and two rounds of public consultation. fuelled the growth of direct distribution channels. Making travel arrangements is now predominantly an The transition plan envisages a regulatory scheme for online business, with consumers cutting travel agents travel agents informed by contemporary market out of many transactions. conditions.

It is now estimated that two-thirds of travel and These reforms consist of two key changes, to be travel-related expenditure — or $18 billion out of implemented by the end of 2015. $27 billion — is now made without relying on a travel agent. Growth forecasts predict that this trend is likely The first change removes the TCF’s prudential supervision function and puts measures in place that to continue. would trigger the closure of the fund. This was As a result, a significant number of consumer achieved through changes to the TCF’s governing trust transactions are currently falling outside the scope of deed on 1 July 2013. the existing regulatory scheme and the pool of The second change involves repealing travel agents’ consumers who are eligible to access compensation by the TCF is shrinking. licensing legislation by 1 July 2014.

However, the compliance burden associated with This bill will achieve this requirement and will also satisfying the TCF’s prudential oversight requirements preserve, for a limited time, certain powers relating to the TCF. remains high relative to its declining benefit to consumers: in March 2011, PricewaterhouseCoopers These powers provide for additional matters that are not estimated the cost to industry of complying with the included in the TCF’s governing deed, such as the right TCF’s requirements alone at around $19.3 million; in of the TCF trustees to sue and be sued in the name of 2012, KPMG put this cost at $18.4 million. the TCF.

The industry itself is also increasingly globalised, with Other provisions that will be preserved are the many overseas players entering the local market, minister’s original power to declare the TCF as an bypassing the national scheme altogether. approved compensation scheme, and the right to appeal Recent collapses of well-established, local agents any decision of the TCF about a claim for controlled by offshore corporations indicated how compensation. complex ownership arrangements are undermining the The limited continuation of these provisions is required effectiveness of the TCF’s prudential oversight. These in order to align with the TCF’s termination date. This are circumstances which the national scheme cannot is currently either 31 December 2015, or as soon after prevent and future similar incidents are not unlikely. 30 June 2015 as the TCF’s obligations are met and the In addition to its shrinking coverage, the national fund is officially closed. scheme also raises concerns about regulatory Removing the national scheme will not leave travel duplication. agents unregulated and consumers without redress.

Travel agents — particularly those that are incorporated The bill will enable fuller reliance on the Australian or publicly listed — are already subject to financial Consumer Law and existing company laws, as well as controls under laws of general application and other industry-led regulatory mechanisms and remedies such industry-led mechanisms such as accreditation obtained as credit card charge-backs.

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A key advantage of the ACL is that it applies existing Debate adjourned on motion of Mr WYNNE levels of consumer protection to transactions with all (Richmond). travel agents as well as travel providers. Debate adjourned until Wednesday, 27 November. Complementing these measures will be a new industry-led accreditation scheme, to be administered CRIMES AMENDMENT (INVESTIGATION by the Australian Federation of Travel Agents, or POWERS) BILL 2013 AFTA. Second reading The scheme is required to be implemented from 1 July 2014, coinciding with the proposed commencement Debate resumed from 12 November; motion of date of the bill. Mr CLARK (Attorney-General).

With the help of a one-off grant of $2.8 million funded Mr WYNNE (Richmond) — At the close of by the TCF, AFTA has significantly progressed its business last night I was indicating to the house the voluntary scheme. It has also negotiated with UK broad scope of what the bill entails. It expands the insurer, International Passenger Protection, to introduce range of offences for which DNA samples may be new insurance products into the Australian market collected from suspects and offenders to include all covering defaults by both travel agents and suppliers. indictable offences. The bill clarifies the destruction requirements for DNA samples and profiles, and it was Such developments have not been possible in the at that point that I indicated a number of issues that presence of the national scheme, with travel agents were confronted by the previous government in relation already subject to TCF and licensing costs. to contaminated DNA.

TCF funds will also be used to support the creation of a In the course of an appeal a loophole had been created consumer voice. in relation to the failure of appropriate storage and classification of DNA samples and the then government The transition plan recommended that a one-off grant moved to close it. We obviously support the be made for the purposes of consumer research and clarification in this bill. The bill streamlines the process advocacy to assist in empowering consumers who of questioning suspects held in custody for other transact within a globalised travel industry. A tender matters and allows police to retain samples provided by process to award that grant is under way. adult suspects who are subsequently convicted or acquitted due to mental impairment. It restricts the use The bill is the culmination of a lengthy process of of DNA samples voluntarily provided by police and collaborative reform on foot since early 2009. forensic personnel for elimination purposes. All jurisdictions are cooperating to achieve the passage The impact of this suite of initiatives of course requires of similar legislation within the required time frame. consequential amendments to the Corrections Act 1986 I note that New South Wales is at the same stage of in relation to questioning suspects and to the Police implementation as Victoria and thank my counterpart, Regulation Act 1958 in relation to DNA samples being the Honourable Anthony Roberts, MP, for his ongoing provided for elimination purposes. In that context the support of this process. opposition does not oppose the bill, as a number of my colleagues indicated in their contributions. However, The bill will enable travel agents to transition into an there is a broader sweep to this bill as well. environment that is appropriate for contemporary market conditions and existing regulatory coverage. It While it is important to make these strong and robust will also enable an experienced, well-established investigatory tools available to police to continue their industry to play a central role in overseeing the important work of investigation and to ensure that there activities of its representatives in the absence of more are appropriate checks and balances in place, prescriptive regulation. particularly for people who are suspects who suffer from certain impairments, we have to also consider the Importantly, the bill will help place the Australian challenges that are being confronted by this government Consumer Law centrally as the most appropriate form in relation to legal aid matters and how it seeks to of protection for consumers, and regulation for travel address those. It is fair to say that the Attorney-General agents both at present and in the foreseeable future. has tried to turn his mind to the challenge presented

I commend the bill to the house.

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where courts have refused to have matters heard on the acknowledge the endorsement of the bill by opposition basis that defendants were underrepresented. speakers as well as government speakers. I should say, however, that for a bill the opposition has endorsed and The Attorney-General indicated that this was a logical is not opposing, the opposition has devoted an corollary of expanding the range of offences for which inordinate number of speakers to contribute to the these investigatory tools may be used, which will of debate and, as the Hansard record will show, often with course lead to people being charged and these matters remarks of very little relevance to the bill. One has to being brought before the courts. Obviously if people are be concerned that this is part of a deliberate opposition found guilty of these, in some cases, indictable ploy to filibuster and delay the passage of legislation by offences, sentences will be given that may require jail this house. There are only a few members in this house terms. Again, this is a serious challenge to the who have been here in times when there has not been a government as we find that prisoners are being housed, government business program, and the opposition may we would argue in quite inappropriate circumstances, in still be learning how to conduct a debate in those police cells where police resources are being consumed circumstances. in minding prisoners who — — Mr Pakula — On a point of order, Speaker, just a Mr Clark — On a point of order, Speaker, as with few moments ago the Attorney-General rose to his feet previous speakers the honourable member is entitled to and raised a point of order with regard to the put his remarks on this bill in a context. However, he contribution of the member for Richmond, indicating needs to devote the bulk of his remarks to addressing that he was not being germane to the bill. The minister the bill rather than to debating other issues. The himself is now ranging away from the bill to the matter honourable member has had a fair degree of leeway in of the opposition’s conduct in the Parliament in the this regard already, and I would invite you to ask him to event of there not being a government business return to addressing the substance of the bill. program. I suggest, Speaker, that that is not a matter in relation to the bill, it is about the conduct of the house, The SPEAKER — Order! I ask the member for and I ask you to draw his remarks back to the bill itself. Richmond to return to the bill. Mr CLARK — On the point of order, Speaker, I Mr WYNNE — Returning to the bill, the obvious would have thought that in closing the debate on a bill bridge I was seeking to build, which is not contested, is it is in order for the minister to make remarks about that we do have strong investigatory tools made how the debate on the bill has been conducted. available to police. The inevitable outcome of people being charged is that they enter the criminal justice The SPEAKER — Order! I do not uphold the point process, and I was simply providing a brief of order. commentary as to some of the challenges that confront this government, and indeed confronted the previous Mr CLARK — In deciding how to conduct the government, in relation to how we ensure there are debate on any bill, including on the bill currently before appropriate checks and balances in place. the house, an opposition needs to temper power with the exercise of responsibility and has to recognise that I am satisfied in the context of this bill that suitable at the end of a sitting week it has to be accountable to protections are being put in place, particularly for the community of Victoria as to the number of bills it people who have a mental impairment. However, it has allowed to progress through the house. If the would be remiss of me not to acknowledge in my opposition spends an inordinate and unjustified amount contribution that there is an obvious corollary between of time in digression and tedious repetition in the particular aspects of this bill and how these matters course of debate on a bill, the community is entitled to might ultimately end in the courts and for some people draw adverse conclusions about its commitment to in the criminal justice system. These are challenges legislating in the best interests of the community. which, frankly, the government is going to need to confront because they are serious, they are here and In relation to matters of substance raised during the they are now. In the context of this particular crimes course of the debate, there was, in essence, only one. It amendment bill, the opposition does not oppose this was touched on by the member for Lyndhurst and bill. referred to in less temperate terms by others during the course of the debate, including the member for Tarneit. Mr CLARK (Attorney-General) — In closing the That was the suggestion that in some way this bill is a debate may I thank those honourable members who derivation from the bill that had its second-reading made constructive contributions in relation to the bill. I speech in this house in 2010 but did not proceed under

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the previous government. I think it is fair to say that objective of this aspect of the bill — as indeed with the when the member for Lyndhurst was picked up on this 2010 bill, which I referred to a few moments ago — is point, he acknowledged that there were substantial to provide clarity and simplicity and therefore to differences between this bill and the 2010 bill, and that expand the range of offences for which forensic is indeed the case. procedures may be conducted and samples may be taken to include all indictable offences. The notion of One can look at the purposes clause of the bill to see a an indictable offence is a very clear and demonstration of that, where out of the five principal well-established criterion familiar to police, familiar to purposes listed in clause 1 there is only one item of courts and familiar to others involved with the law and overlap with the bill that was introduced in 2010 — that therefore brings with it a degree of simplicity and also is; item (i) about expanding the range of offences. The ensures that the range of offences, where it may in other provisions of the bill are either entirely different particular instances be appropriate for samples to be to those that were in the 2010 bill, including reforms to taken, can be covered. Indictable offences are, of the process for questioning suspects already held for course, directed at more serious offences which can be another matter, clarifying the destruction requirements tried on indictment. This will give the police the tools for forensic samples and restricting the use of samples they need to do their job more effectively than they given voluntarily. have been able to do under the legislation as it currently stands. In relation to the final item about the retention after conviction of forensic samples and related material Mr PAKULA (Lyndhurst) — I thank the minister taken from an adult suspect, the reforms in this bill go for his answer. The minister says that there is a way beyond what was in the 2010 bill. Indeed in my convoluted list at the moment which is difficult for — view the 2010 bill would have been largely ineffective and I do not want to verbal him, but — law in reducing procedural burdens and requirements on enforcement agents to comprehend. My understanding police, whereas the bill before the house dramatically of the current regime is that those offences are listed. I removes those obligations and dramatically improves suppose what I was after were some examples of the retention of samples after conviction. For those offences that are not currently included that will be reasons, I commend the bill to the house. included as a consequence of this bill. Can I say, if the minister will indulge me, rather than getting to my feet Motion agreed to. again, that he indicated — no, I will leave it at that.

Read second time. Mr CLARK (Attorney-General) — I do not think Consideration in detail there is a great deal I can add to what I have said previously. The honourable member is as capable as I Clause 1 am or any other member is to look at the existing legislation and compare it with what is proposed in the Mr PAKULA (Lyndhurst) — The purposes bill. provision at clause 1(a)(i) indicates that one of the purposes of the act is to amend the Crimes Act 1958 to: The DEPUTY SPEAKER — Order! The member for Lyndhurst has already spoken twice on the clause; … expand the range of offences for which forensic he cannot speak three times unless he has leave of the procedures may be conducted and forensic samples may be house. taken to include all indictable offences. Can the minister outline to the house with regard to Clause agreed to. clause 1(a)(i) what deficiency the minister says is being Clause 2 remedied? In other words, what offences are not currently included in the regime for which DNA Mr PAKULA (Lyndhurst) — I just have a question samples can be collected and which will now be to the minister with regard to the commencement date. included as a consequence of this bill? Subclause (2) indicates that 1 July 2014 is the operative date if there is no proclamation earlier. Can the minister Mr CLARK (Attorney-General) — I think the short just outline why it is 1 July 2014 and not, for instance, answer to the issue raised by the honourable member is 1 January? that at present there is an extensive and convoluted range of offences which are provided for. It is difficult Mr CLARK (Attorney-General) — This provision and complicated at times for relevant officers to has been included broadly in line with standard practice identify which offences are covered, and the policy to allow a degree of flexibility if in relation to any

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particular aspect of the bill there might be an be. Let me put on the record definitively that there is no administrative reason why that aspect of the bill could attempt by me or by the opposition more generally to not be brought into operation at an earlier stage, but I cast any such aspersions. I think the assertion by the can assure the honourable member that I am as keen as minister that that might be the case is unworthy of him. I assume he is to see this bill brought into operation as I was simply seeking to establish whether the minister quickly as possible, and that is the way that I and the could advise the house what processes are in place to government intend to proceed. ensure that the destruction which is required as a consequence of clause 3(b) occurs. If the minister is Clause agreed to. able to provide that information, that would be useful to the house. If the minister is not able to provide it, he Clause 3 should just say so.

Mr PAKULA (Lyndhurst) — Clause 3 inserts a Mr CLARK (Attorney-General) — I can add, for new definition of ‘destruction’ into section 464(2) of the assistance of the honourable member, that I am the Crimes Act 1958. In clause 3(b) in the definition of advised that the procedures that will be followed will ‘destruction’, subparagraphs (a), (b) and (c) set out a include appropriate markings on files held by the range of requirements in regard to the destruction of the Victoria Police Forensic Science Centre that indicate DNA sample, including the physical destruction of the what destruction has occurred and what is required in sample, the removal from any DNA database of any relation to these matters, and that it is intended that all matching profile and the destruction of the DNA profile staff who are employed are informed of their in a form that can be readily recombined with obligations and of the offence provisions that will information that identifies the person et cetera. I am attach if there is any misuse of information. asking: what steps are in place for the verification of the destruction of both the sample and the profile that Clause agreed to. might be associated with it? Clause 4 Mr CLARK (Attorney-General) — I am not sure whether the honourable member is casting aspersions Mr PAKULA (Lyndhurst) — I can indicate to the on Victoria Police or not, but he would be aware that house that I do not intend to ask questions on each and any organisation, including Victoria Police, has in place every clause. But in clause 4, subsection (12) of administrative arrangements to ensure that it complies subclause (3) on page 5, which indicates that: with its lawful obligations, and there are avenues for complaint if people have concerns about the conduct of A person must not be removed from the prison or police gaol in which he or she is being held for the purpose of Victoria Police, and of course there is the potential for questioning under subsection (11) other examinations in other circumstances. I am not sure if the honourable member has a particular concern, can the minister just outline the policy imperative that but what this is designed to do is to set out very clearly dictates that the individual in question must be what is expected of Victoria Police and to get rid of questioned at the place where they are being held? some of the absurdities that occur currently — for example, in relation to police having to physically cut Mr CLARK (Attorney-General) — My out references to identifying numbers in paperwork — understanding is that this continues existing practice in and to establish a regime which is clear and which on that it is intended to facilitate the opportunity for police the best advice available to me would mean there to go to where a prisoner is being held and undertake an would have to be a deliberate and conscious attempt to interview provided the present requirements of the violate the law for there to be any prospect of identified legislation have been complied with, and that it is not information being reassembled. In the government’s intended to establish a regime whereby someone can be view this strikes an appropriate balance and ensures that removed from the prison or the police jail in which they police officers are not spending time having to are being held and taken somewhere else by virtue of physically cut references out of paperwork in order to the operation of these provisions. However, I am comply with their obligations under the law. advised that it would be possible for a person to be moved to another location for the purpose of Mr PAKULA (Lyndhurst) — Can I say I think it is questioning with a court order. Whereas, as the somewhat unworthy of the Attorney-General to suggest honourable member will be aware, one of the key there is an attempt to cast aspersions on Victoria Police objectives of these amendments in the bill is to simplify by virtue of a question on what the verification regime the requirements so that in many instances a court order in regard to the destruction of the DNA samples might will not be required, and that will include where the

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person concerned remains at the prison or police jail part IC of the Crimes Act 1914 of the commonwealth will where they are being held, if in any instance it is apply in the case of questioning by federal police. desired that they be questioned elsewhere, I am Mr PAKULA (Lyndhurst) — I seek the indulgence informed that that could be done with a court order. of the Attorney-General. Could he indicate to the house Mr PAKULA (Lyndhurst) — I thank the minister whether part IC of the Crimes Act 1914 of the commonwealth indicates that in the circumstances for his answer. I ask him if he could therefore explain to covered by that part an interpreter is not provided? the house the apparent difference between that provision and the one in subsection (13)(f), where it Mr CLARK (Attorney-General) — My appears to me that if the suspect does not consent to understanding is that the Crimes Act 1914 of the questioning and is then questioned as a consequence of commonwealth provides an alternative regime in an order by the court, the suspect is to be delivered into relation to questioning by federal police. I am happy to the custody of the investigating official for the purpose seek additional information on that for the honourable of questioning. In other words, it seems that if they member if he would like. consent, they are questioned where they are; and if they do not consent, they are taken to another location. If I Clause agreed to; clauses 7 to 10 agreed to. read that wrongly, I would be happy for the minister to indicate that that is the case. Clause 11

Mr CLARK (Attorney-General) — As I understand Mr PAKULA (Lyndhurst) — Clause 11 is about the issue raised by the honourable member it is the retention of information following a finding of guilt consistent with the response I gave previously in that et cetera. It inserts a new subsection (1AA)(b) and talks the proposed subsection (13)(f) provides that if the about a circumstance where a court finds an individual Magistrates Court makes an order under this section, guilty or not guilty as a consequence of mental the person may be delivered into the custody of an impairment. I understand what the clause seeks to do in investigating official for the purpose of questioning. regard to a person found not guilty by way of mental That follows a preface which refers to matters about impairment; in other words, that it requires the retention which the person has to be informed. I indicated of the sample. previously to the house and the honourable member that a court order could permit a person to be taken to Can the minister indicate whether it is currently the case another location in order to be questioned. As I that for a person who is found guilty that sample is understand the point raised by the honourable member, required to be retained, or is the bill amending what the provision he has cited is consistent with that. occurs in regard to someone who is found guilty? In other words, does it change only what happens to those Clause agreed to; clause 5 agreed to. people found not guilty by way of mental impairment or does it also impact on the retention regime for those Clause 6 who are convicted?

Mr PAKULA (Lyndhurst) — Clause 6 is headed Mr CLARK (Attorney-General) — If I understand ‘Right to an interpreter’, and the wording of the clause the honourable member’s issue correctly, in relation to seeks to insert within the quotation marks: a situation where someone is convicted the intention is that the sample can be retained indefinitely; likewise if …”or any questioning conducted by consent under section 464B(11), unless Part IC of the Crimes Act 1914 of someone is found not guilty by reason of mental the Commonwealth applies”. impairment. This provision deals with what happens when the finding or conviction is set aside or when a Can the minister explain to the house how that insertion verdict of not guilty because of reason of mental marries up with the right of an accused person being impairment is set aside. I expect that the ultimate questioned through an interpreter? outcome will depend on processes subsequent to that setting aside. In other words, what happens to samples Mr CLARK (Attorney-General) — I refer the will depend on what the ultimate outcome of the trial is. honourable member to the explanatory memorandum in relation to clause 6, which points out that clause 6: If the person is totally acquitted not because of mental impairment — that is, they are found not guilty without amends section 464D(2) of the Crimes Act 1958 to provide that the right to an interpreter applies to questioning under an issue of mental impairment — then the sample will new section 464B(11) when a person gives informed consent be destroyed. If, for example, there is a retrial and they to be questioned. It qualifies that right by providing that are convicted or the verdict of ‘guilty because of mental

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impairment’ is upheld, then the primary position under a suspect in circumstances such as those outlined by the the bill would remain. honourable member, then it would be possible to use the usual procedures to obtain a sample from the person Clause agreed to; clauses 12 and 13 agreed to. concerned as a suspect.

Clause 14 Mr PAKULA (Lyndhurst) — I thank the Attorney-General for his answer. I ask him to move on Mr PAKULA (Lyndhurst) — The provision in to new section 464ZGFB(1), which indicates that: clause 14 refers to samples given voluntarily. It seeks to insert after ‘practitioner’, ‘(whether the term legal The Chief Commissioner of Police is responsible for ensuring practitioner or lawyer is used)’. I ask the the destruction under this section of samples and DNA Attorney-General whether the bill is seeking to draw a profiles that are held or managed by Victoria Police. distinction between ‘lawyers’ and ‘legal practitioners’, Subsection (2) goes on to say that the director of the or is the bill simply seeking to simplify the use of institute is responsible in regard to samples held by language in those circumstances? I suppose in essence I VIFM. I am just wondering how that would work in a am asking whether there is any legal or effective practical sense. Are the chief commissioner and/or the difference in the insertion of this ‘legal practitioner or director of the institute in a position where they are lawyer’ concept in clause 14. required to provide some kind of delegation in order to Mr CLARK (Attorney-General) — Again, on this fulfil their obligations, which are clearly set out under occasion the honourable member will find an answer to the relevant subclauses? his question in the explanatory memorandum. As the Mr CLARK (Attorney-General) — This would explanatory memorandum states, clause 14: operate in a similar manner to a vast range of statutory … amends section 464ZGB(3)(e) of the Crimes Act 1958 to provisions which vest various responsibilities in provide that it is sufficient if the investigating official relation to the head of an organisation. As the indicates that the person may speak to a lawyer rather than a honourable member would be aware, there are legal practitioner under the informed consent provisions for well-established practices for the delegation of the volunteers giving samples. The term ‘lawyer’ is more commonly understood in the community than ‘legal actual day-to-day exercise of the responsibilities that practitioner’. This provision makes clear that police do not are vested in the heads of various organisations by need to use the technical description of legal practitioner. statute.

Clause agreed to. Mr HERBERT (Eltham) — On clause 15, new section 464ZGFB(3) states that no profiles derived Clause 15 from samples must be stored on a stand-alone database that is not connected to any other database on which the Mr PAKULA (Lyndhurst) — New matching of DNA profiles occurs. I assume that is so section 464ZGFA(5) inserted by clause 15 is in regard that law enforcement officials — Victoria Police — do to a voluntary sample given by police or different not access these databases inappropriately. I am trying personnel. It talks about that sample being inadmissible to work out whether there will be other security as evidence against the person unless the person procedures in place in terms of the way people access consents. I ask the minister to explain to the house what this stand-alone database or whether it will just be a the regime would be in a circumstance where personnel stand-alone database on the basic police information of the Victorian Institute of Forensic Medicine (VIFM) system or whether it will be a completely different or a member of Victoria Police were in fact suspects. computer system. Will there be access rights or Would it be that the sample collection regime would be restrictions, and how is that going to work? different — that is, not within new section 464ZGFA — or would there be an exception to Mr CLARK (Attorney-General) — This bill the inadmissibility outlined in subclause 5 in the event establishes the statutory regime for the operation of that the officer in question was in fact a suspect? these voluntary samples. There will of course be a range of administrative procedures set up to give effect Mr CLARK (Attorney-General) — This provision to those provisions. Those orders will all be designed to is one of a number in clause 15 that are designed to achieve the objective — which, I should say, is one that provide for the voluntary giving of samples for is very much sought by the relevant entities and their elimination purposes and to provide assurances to the staff of ensuring that volunteer samples are given for staff concerned that they will be used for only that the purpose of elimination and that there is security in purpose. There is a restriction on them being used for other purposes. However, if the person concerned were

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place to ensure that they are kept separately from Validating the orders in relation to offences committed samples taken from other persons or for other purposes. outside Victoria against a law of the commonwealth or another state or territory will ensure the legality of any Mr HERBERT (Eltham) — From the minister’s relevant criminal investigations. This proposed answer on that clause I am still not sure whether it will subsection (8) will provide that the validation does not be a completely separate computer system or what sort affect the rights of the parties in Wallace v. Debs. of security processes will be put in place. It is one thing to have a database that is kept separate; it can be on the As the honourable member will be aware, this is a same computer management system, and there may be common practice in legislation where matters are the same access rights. I am just trying to work out identified and a party obtains a ruling in its favour. whether it is a completely different system with Even if the law is remedied with retroactive effect, the completely different security protocols and access outcome in relation to the particular piece of litigation capacity or whether it will be in the police information concerned is preserved. This provision is in accordance system but established as a separate database. with that longstanding practice.

Mr CLARK (Attorney-General) — Probably the Clause agreed to; clauses 17 to 21 agreed to. way to lay the honourable member’s concerns to rest is to point out that it would be an offence to seek to Bill agreed to without amendment. improperly match these elimination samples with others. That is clearly what the law is, and one can Third reading expect that these institutions will ensure that Motion agreed to. arrangements are put in place so that all of their staff are fully aware of their legal obligations and can be Read third time. expected to comply with those obligations. DISABILITY AMENDMENT BILL 2013 Clause agreed to. Second reading Clause 16 Debate resumed from 30 October; motion of Mr PAKULA (Lyndhurst) — Clause 16 is headed Ms WOOLDRIDGE (Minister for Disability ‘Validation of certain orders’. New Services and Reform). subsection 464ZL(8) of the principal act indicates that: Ms GREEN (Yan Yean) — As always, it is a Subsections (6) and (7) do not affect the rights of the parties in the proceeding known as Detective Jason pleasure to talk about anything to do with people with Wallace v Bandali Debs and the Magistrates’ Court of disability living in Victoria. However, to quote our Victoria … sovereign, this year has been an annus horribilis for people with disability and their families — firstly, for Can the minister just indicate for the benefit of the those living in Department of Human Services-operated house what new subsection 8 is effectively designed to accommodation, and now for those in any community do? setting across the state. What we saw in this year’s Mr CLARK (Attorney-General) — Again, I refer budget was a blatant cash grab from this government, the honourable member to the explanatory which caused great uncertainty and great distress. It memorandum, which points out that the principal introduced the concepts that those in receipt of a amendment to section 464ZL is: disability support pension would be expected to apply for commonwealth rent assistance (CRA) — that is, if … validate any questioning orders made under they had not been in receipt of this in the past — and section 464B(5) of the Crimes Act 1958, before the that the government was going to have a cash grab from commencement of this bill, that may have been made in their disability support pension, taking up to 75 per respect of an offence committed outside Victoria against a law of the commonwealth or another state or a territory. cent. The explanatory memorandum goes on to explain that: This was listed as a revenue measure in this government’s budget. The reasoning given for that at As discussed in relation to clause 4, in Wallace v. Debs the the time was that this would bring people with Supreme Court of Victoria held that the power to question disabilities living in accommodation operated by the and investigate in section 464B does not have extraterritorial operation. Department of Human Services into line with the situation of those in other states. I thought this was

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rather curious, because over a number of years we have community, and the community spoke. Members of heard the backslapping comments from the Minister for that community came into this place, sought numerous Community Services and the Premier about how meetings with the Minister for Community Services wonderful they were in their support for the national and attended the Public Accounts and Estimates disability insurance scheme. When the opposition Committee budget estimates hearings. They were quite questioned government members on why they had not shocked at the responses the minister gave to their yet signed up to the national disability insurance questions, and they were shocked by the limited scheme, their response was that they did not want to number of questions she allowed herself to be subjected diminish the access and level of support that people to on the important area of disability services. with disabilities in Victoria receive across the board, because Victoria has been considered to be a leader The families of people with disabilities were deeply across the country. concerned that their loved ones would be incredibly impoverished by this measure, and they were Let it be said that Australia has not had a great record in concerned that the government was not considering this area. The reason the former federal government what this measure would mean for individuals — established the national disability insurance scheme whether they would have enough money for their was that this country, to its great shame, has had one of medical needs, to fund things like incontinence aids or the lowest levels of spending on support for people with repairs and replacements of essential mobility items disabilities in the Organisation for Economic like wheelchairs or whether they would have enough Cooperation and Development. The scheme was an money for those everyday ordinary things that we all idea whose time had come, and Labor members of this take for granted, like toiletries, toothbrushes, underwear Parliament have been incredibly supportive of it both in and clothing, let alone those little luxuries of life that government and in opposition. I commend the work of people who are not encumbered by disabilities take for Bill Shorten, the federal Leader of the Opposition, and granted, like the idea that you could catch a train into former prime ministers Kevin Rudd and Julia Gillard. town or go down to the end of your street and have a The groundbreaking work of those federal members led cup of coffee. People with disabilities only have a small to a reference being handed to the Productivity amount of money left in their pockets, and their Commission, and the Productivity Commission later concerns were falling on deaf ears with this government established that the cost of acting was less than the cost and with this minister. of not acting. So we had not only a moral basis for the scheme but also an economic one, and we needed When people came in here, they were deeply distressed. agreement on it across federal and state governments. They found that they had to voice their concerns from the gallery, which we know is unparliamentary, but The state government’s reasons for not signing up to they felt they had to do that simply because the Minister the scheme were that it did not want to diminish the for Community Services would not listen to what they leadership Victoria was seen to have in terms of the were saying. When she was asked questions she said services it provided to people with disabilities. The there would be hardship provisions. For months and government did not want to lower its services to the months it could not be ascertained where those hardship level of the lowest common denominator or to the provisions had been outlined. When people contacted lowest within the commonwealth. We in opposition the department to find out, they were told that those thought that was not a bad argument, but we still provisions had not yet been worked out. thought the government should sign up. When I first heard the argument I was sceptical about it, and The community banded together, including fantastic representatives of the sector were sceptical when they advocacy groups like the Victorian Advocacy League saw the government’s budget measure, which was a for Individuals with Disability Inc. (VALID) and the blatant cash grab. The reasoning was that because other Health and Community Services Union. Those who states do it, we were going to do it too — we were work in this sector were deeply concerned that the going to make this blatant cash grab and put the people they work with would be impoverished and community through the mill. would effectively be reinstitutionalised. The minister got it wrong when she appeared before the Public The government said that it would fund 750 additional Accounts and Estimates Committee budget estimates individual support packages over four years. It was hearings and said that individual support packages playing politics with people with disabilities by cover things like the charges for day services when in grabbing a fistful of dollars from one part of the most fact they do not. She said she had no concerns about the disadvantaged group in the community — people with viability of day services, and she said she had not disabilities — in order to give it to another part of that considered the fact that individuals might not be able to

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afford access to day services. That would mean that the Ms Wooldridge interjected. department would need additional staffing on during the day, and that had not been factored in. Ms GREEN — The sector has actually asked for a review, and this is in preparation, the minister and the Overall it was a mess. A number of petitions were government have said, for moving into the national tabled in this place and several members of the disability insurance scheme (NDIS). What has the opposition raised the issue in this place, but it fell on government been doing over the last three years? What deaf ears. Finally 1800 of the 2500 people who were has it been doing since the budget measure that it still going to be affected made individual submissions to the does not know the myriad charges, costs and imposts Victorian Civil and Administrative Tribunal (VCAT), that are imposed on people with a disability and that it on behalf of the people who would be covered by this still does not know about the diversity? It is a difficult measure, saying that this was a harsh measure. Despite area, but for three years we have had backslapping from there being a high proportion of people impacted by this government saying, ‘We are ready for the NDIS, this measure, the government had representatives of the we are good, we are heading the nation we are so department appear at VCAT to say that VCAT should good’. What has the government been doing? not hear those matters — that is, VCAT should not hear the individual concerns of those people. Since the budget the government has still not been able to make head nor tail of its own accommodation, so the Ms Wooldridge — On a point of order, Acting opposition proposes a reasoned amendment. I move: Speaker, I am sorry to interrupt, and I know that the lead speaker in the second-reading debate has a lot of That all the words after ‘That’ be omitted with the view of inserting in their place the words ‘this house refuses to read latitude, but we are over 10 minutes into the member’s this bill a second time until the government has completed a speech and she has not yet touched on the bill. We are review into disability accommodation fees and charges, here to make contributions towards the bill. I ask you to following appropriate consultation with residents, carers, bring her back to the bill. families and other stakeholders’.

The ACTING SPEAKER (Mr Blackwood) — To me that is not unreasonable at all, and it is what the Order! I do not uphold the point of order, but I ask the sector is calling for. There is a breach of trust. This member to come back to the bill. minister has undone every consultative mechanism that existed previously with the disability community. The Ms GREEN — I am not surprised that the minister minister will not talk to them; she does not talk to them, has concerns about the need for context here. Under the she does not appear at any of the annual general cover of the federal election — the day before the meetings. She was everywhere in opposition, but she is election — the government withdrew its application rarely seen in the disability area — — and said it would not be accountable again. The government expects people with disabilities to be Ms Wooldridge interjected. accountable and hand over their bank details, but it will Ms GREEN — Yes, the minister did speak at the not be accountable — it withdrew its application on the NDIS conference. That was a rare appearance, quiet. Then two weeks ago today there was the but — — introduction of the bill which, if members read the second-reading speech they will see, is really benign, Ms Wooldridge — You were not there; you would saying, ‘We have seen the error of our ways’. It is really have no idea. That is true. just about allowing the Department of Human Services and service providers to increase charges in line with Ms GREEN — It is actually not true. The Victorian the cost of living. Advocacy League for Individuals with Disability Inc. (VALID), other organisations and people with You could say that is not an unreasonable thing because disabilities across the state have no faith in this fantastic services like Yooralla and many others in the minister, so it is not unreasonable at all to say of the community sector have been responsible and have not review that was announced on the same day as the bill increased their residential charges for some years, so it was introduced that the bill should not be second read is not unreasonable that those great service providers until the conclusion of that review. This is the review should be able to increase their fees in line with the cost that the government should have begun some time ago, of living. The same day that the bill was introduced, the and it particularly should have begun before the bill minister also announced that there would be a review, was introduced. The government should have known and — — that you cannot just make a budget measure and say that you want to cash grab; rather you should find out

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what it means beforehand. It was a situation of putting and that is the final one. That is the one that allows only the cart before the horse. for cost of living increases. Every year that this would apply, the incremental amount would mean that there Ms Wooldridge interjected. could be huge increases, and I have some examples.

Ms GREEN — No, it actually does not know. The One example is of someone who is currently paying a minister is saying that she did know. I was at a meeting charge of around $10 000, for example. If there were an that she was invited to on Monday with VALID, and I increase, this bill would allow the commonwealth rent am coming back to — — assistance to be charged holus bolus, 100 per cent. Then if there were, for example, a 4.89 per cent increase in Ms Wooldridge interjected. the disability support pension and increased charges Ms GREEN — The minister was invited. The there would be no access to the Victorian Civil and minister has had her turn; I have the floor now. Administrative Tribunal unless that charge was above 38 per cent. That is the sort of increase that would apply Ms Wooldridge interjected. if you worked through these formulas. That is why organisations like VALID were originally saying, ‘We The ACTING SPEAKER (Mr Blackwood) — will reluctantly support this’. Order! The minister! I will read from a media release by VALID dated Ms GREEN — The disability community is deeply 11 November and headed ‘Once Bitten …’: concerned about the sneaky way that this bill has been introduced. To introduce two weeks ago a bill of such VALID Inc. and Villamanta Disability Rights Legal Service call upon the Victorian state government to defer passage of complexity — and I draw the attention of the house the Disability Amendment Bill 2013. to — — Consideration of the bill, which aims to introduce a board and Ms Wooldridge interjected. lodging fees structure for the 2100 residents of state-managed group homes for people with disability, should be postponed Ms GREEN — Yes, it is a six-clause bill with three in order to allow a proposed review of disability service fees formulas — — to be conducted by the State Services Authority. Following a public meeting with government representatives Ms Wooldridge interjected. yesterday, VALID and Villamanta have concluded that the bill is being proposed without proper consultation with the Ms GREEN — It is not a matter of whether I can sector and without due consideration of its potential impacts. cope, Minister. I defy any reasonable person to say not While there are aspects of the bill which appear relatively every person with a disability and probably almost no innocuous — e.g. the facilitation of cost of living increases — person with a disability, had — — we have serious concerns regarding the ‘cash grab’ for the commonwealth rental assistance. While we accept this Ms Wooldridge interjected. measure is unlikely to affect the majority of residents who do not currently receive the CRA — and who might therefore Ms GREEN — I am not degrading them, but most not notice it has come into and out of their bank accounts — people with a disability in this country and this state did we believe there has been scant regard for the unknown number of residents who have been receiving the CRA, and not have access to Harvard, as the minister did; they did the impact this measure is likely to have upon their potentially not have access to that sort of education and that sort of fragile budgets, particularly in the second and subsequent information, and with three clauses here that are — — years.

Mrs Bauer — A nasty piece of work! Ms Wooldridge interjected.

Ms GREEN — Someone is calling me a nasty piece Ms GREEN — I know I should not respond to of work. What sort of nasty piece of work would interjections, but the minister has just said, ‘It should be propose a bill with such complexity, with mathematical zero’. It is good that it should be zero, and it would be formulas that people with a disability would have no good if it were zero. The minister was invited to a hope of working through? Even when members of the meeting on Monday, and I give her credit, she sent her sector first read the bill and the minister’s chief of staff along with people from the department. second-reading speech, they thought, ‘We will relax; However, the people from the department floundered they are not going after their cash grab’. If members completely — and I am not criticising the actually sit down and work through the formulas, they department — when answering questions that came will see that only one formula is fair and reasonable, from the floor. There were more than two dozen people

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in that room, and a show of hands indicated that the others. However, these fee increases will put Phillip loved ones of a third of the people in that room were in into deficit by some $2000 to $3000 per year. At receipt of the CRA. The minister is saying it should be present he has enough money to live on — just — and zero, but she has no idea. aside from his medical expenses and the need to regularly buy new beds and clothes, he spends around Ms Wooldridge interjected. $800 a year on his favourite tricycle to ensure that it is repaired and in good condition. That is one example. Ms GREEN — The minister said, ‘They’re going to be in trouble with Centrelink’. She is threatening those Another example is that of Tomas Pearce, whose father she is supposed to care for. The minister has not done is Alec Pearce. Tomas lives in the same home as Phillip her homework, and people with a disability are terrified Chiu. Tomas’s father is very worried about the impact by these measures. of this on his son’s finances, particularly into the future. Alec is a widower and Tomas’s siblings live far away. I will continue quoting from VALID’s press release, because it had a lot to say: Andrew and Will Johnson are further examples. Their mother, Deb Johnson, lives in Scoresby. The sons are There is already a high level of distrust amongst people with disability and families, arising particularly from the state both in DHS-supported accommodation, Andrew in government’s recent attempt to lift fees for this same group to Burwood, and Will. The fee increase will put them both 75 per cent of the disability support pension, plus 100 per cent into deficit, Andrew by about $1000 a year, and Will by of the CRA. Despite the government’s assurance that the about $5000 a year. Both of them will potentially be current bill does not seek to reintroduce that same draconian measure, there is an overwhelming sense of ‘Once bitten, forced to choose between their day programs and other twice shy’. VALID and Villamanta take very seriously their vital supports, not including their hobbies. Andrew is a roles in safeguarding the rights and interests of people with a passionate Geelong Football Club fan and plays in an disability, and we believe the impact of the current bill has not all-abilities football team. The situation is worse, with been adequately thought through or explained. We also the news in the last day that Andrew’s day program believe the proposal to make such major changes to the fees structure — particularly in advance of the findings of the provider has increased his fees by 72 per cent. This is proposed State Services Authority review — to be poorly even before the outrageous fee hike being imposed by justified. the government.

These are two lead groups advocating for this Colin Aisbet’s mother is Shirley Aisbitt. Colin lives in community, and their concerns are falling on deaf ears the same house as Andrew Johnson. Colin has on the government side, but not on the opposition side. extensive medical bills that will not be fully covered by The final part of the press release from VALID and a fee hike. Villamanta states: I refer now to other views of stakeholders. I have We therefore call on the government to: referred to the press release from Villamanta and defer the bill (with the exception of the cost of living VALID. LISA, or Lifestyle in Supported increase measures) Accommodation, is opposed to this bill as it regards it as a naked cash grab and it does not trust the undertake a full and independent review of fees and charges in disability-funded services government, given its recent attempted fee hike. It believes the real inequity in the system is the fact that ensure full and proper consultation private providers are not given the necessary unit price propose any changes based on the review findings. and hence they are forced to have higher rents or cross-subsidise from their charitable endeavours. This The opposition has proposed a reasoned amendment so is what the government should have looked at that the bill will not be read a second time until the previously under the pretext of fairness and equity, ‘not review has been conducted. punish DHS residents for paying lower rents than some Victorians in non-DHS accommodation. I want to move on to some examples of what this means for people who live in Department of Human National Disability Services (NDS) is supportive of the Services (DHS) accommodation. I would like to legislation that protects providers from a potential highlight the case of Phillip Chiu, a resident in a DHS Victorian Civil and Administrative Tribunal challenge home in Mitcham. Phillip’s parents, Teresa and Allan, when merely putting rents up by the CPI. The recent live in Doncaster. They describe his needs as average, VCAT directions hearing of the DHS’s attempted fee saying that whilst he may have many vital needs, hike has led to some uncertainly in the sector, with thankfully they are not as extreme as those of many some providers wanting to increase rents but being

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worried about a legal challenge. However, NDS It is never easy for parents of those with a disability, Victoria is also keen to develop a sustainable and fair regardless of what the government does or does not do. process for the setting of supported accommodation It is never easy thinking about how your child is going fees. This is particularly important as part of the to progress in life; whether or not they are going to be transition to the national disability insurance scheme okay and whether or not, when you eventually move when service providers develop new business models to on, your children are going to be well looked after. respond to a disability market driven by choice and There are currently 5000 people with a disability living control. in group homes which are managed either by the government or by the community sector, so there are a Ms Wooldridge interjected. large number of people in this type of housing and an even larger number of people with disabilities Ms GREEN — NDS is supportive, but with the throughout Victoria. short lead time and the fact that at the time it was briefed it had not fully understood the three formulas in I want to take this moment to pay tribute to the former this bill. It was only some days after the briefing, when Premier, the member for Hawthorn, and to the Minister it had done a more detailed examination, that NDS for Community Services for the work that was done on realised there were two stings in the tail for people. the national disability insurance scheme. I think this Those matters will not be in the interests of people with government has shown a long-term commitment — disability and their families. well before the election — to assisting people with disabilities. It reflects badly on people who use those I urge members opposite not to simply refer to the with disabilities as a political football, and I note that talking points that the minister’s office has no doubt there are some who I think have been shocking in this distributed to them. I challenge members opposite — regard. such as the members for Burwood, South Barwon, Carrum, Seymour and Hastings — to sit down and Mr Nardella interjected. work out those formulas, year on year, and determine what the percentage increase might be. They should Mr WATT — It would be disorderly for me to take think about individual constituents in their communities up the interjection, so I will not. It is never easy making who are going to suffer this impact and question why decisions that are going to affect the lives of people they cannot be part of a government that would conduct with disabilities. I think the member of Yan Yean also a review first and legislate later. mentioned a person who is a member of a disability football team, and I take the opportunity to talk about There is no reason for the haste here aside from a naked the Chadstone Synners disability football team in my cash grab by the government. It could not get this done electorate. If the member was talking about a resident in the first way it attempted because of the community of Burwood, then he would probably be a member of concern, so now it has just come back and attempted to that team. I am regularly in contact with members of legislate for it. It is being dishonest and disingenuous in my disability team. They do a fantastic job dealing with allowing such a short lead time, debate in a short sitting people with disabilities. week and in not properly consulting. The impact is still not known, and I urge those in government to really I want to take the opportunity to respond to some of the examine what this means for their communities and to things the member for Yan Yean said. She said so support the opposition’s reasoned amendment. many things with so little substance. The member for Yan Yean talked about some 2000 people who took the Mr WATT (Burwood) — I rise to speak on the government to the Victorian Civil and Administrative Disability Amendment Bill 2013. It is interesting; I just Tribunal (VCAT). I am not sure whether the member listened to half an hour of contribution from the for Yan Yean can add up. member for Yan Yean and I wish I knew where she was coming from. I hope that my thoughts on the Ms Green — I actually did not say 2000. member for Yan Yean are not borne out and shown to be true. I am frankly disappointed that certain people Mr WATT — The member said about 2000. The would use the disabled in some sort of scaremongering member can check Hansard when she eventually gets campaign. I do not know whether the member for Yan it. Yean has any personal contact with people with disabilities. I just point out that there are people in this Ms Green — I said 1800. house who do have very close family members with Mr WATT — Even if the member said 1800, I am disabilities. not sure she can count. The member for Yan Yean

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cannot add up, and that is probably why she is having for National Disability Services, Mr James O’Brien, difficulties with the formula. There were certainly not who wrote: 2000 people, or even 1800, who went to VCAT. In my understanding approximately 70 people joined the The prospect of having VCAT individually determine charges … would pose significant difficulty … Villamanta action against the government. A list of the State Trustees clients was provided to Villamanta, and The CEO of Scope, Dr Jennifer Fitzgerald, wrote: these were included on the list without them necessarily wanting to take part in the action. Even if we include all Over the last five years, board and lodging fees have been of those, they would not add up to 1800. I would hope indexed at CPI rates … that any legislation we put forward for people with I am concerned that the process of fixing fees will become disabilities and any amendment to the Disability Act untenable in a situation where VCAT has the capacity to 2006 could be done in a bipartisan way, without using assess, on an individual basis, any future increases in people with disabilities as a political football, to residential charges … Scope seeks certainty regarding the organisation’s ability to establish a fee structure that is both scaremonger or to paint the government or the minister fair and sustainable. in a particular light. As I said previously, the minister has shown a great regard for people with disabilities, The CEO of the E. W. Tipping Foundation, Mr Graeme and I pay tribute to her for that. Kelly, wrote:

The member for Yan Yean raised a few case studies, We will continue to work cooperatively with your department … as the welcome and necessary reforms flow and before that she talked about those people who through. This recent position from VCAT appears to be would be in hardship. The minister has made the point inconsistent with the future we are all working hard to that hardship provisions are published on the website, achieve for better services for clients and families. and that has been the case since 2009. This is a consistent pattern of behaviour that I have seen in my That is a good point. Everybody in this sector is out short three years in this place, specifically from the there trying to do good things for the people who are in member for Yan Yean. I find it difficult to reconcile this accommodation. I would hope that when that with what I know of her on a personal level, discussing this topic and dealing with these issues every because I have spoken to the member for Yan Yean member of this house would have at the forefront of outside this place and I find her to be fairly pleasant. their mind what is to the benefit of people in However, I am disturbed that the member for Yan Yean accommodation rather than what is to the benefit of can sometimes let politics get in the way of doing the their political party at a particular point in time. good work. The bill amends the act in line with the original The member for Yan Yean took 30 minutes to say not intention of the act. It allows standard fee increases by very much, but I am happy to respond to her comments. disability service providers to continue to be made I will not go into particular examples of why I am without a potential review by the Victorian Civil and disappointed with the member for Yan Yean, but I will Administrative Tribunal. say that she talked about a number of examples. I Mr NOONAN (Williamstown) — I rise in this reassure her that there are hardship provisions. If people place to make a contribution to the debate on this bill. are really in deficit, as in the examples she pointed to, In doing so,’ I pay tribute to the member for Yan Yean, then I am sure they will be assisted. The member for her contribution and her advocacy for people with a Yan Yean also said there was no consultation. The disability. When you step back you see that what this member is clearly unaware of the extensive bill comes down to is how you interpret the word ‘fair’. consultation that was undertaken. There were ongoing The government clearly has a different interpretation of conversations. what is fair compared to that of those on the opposition Ms Green — The government itself said they were benches. not consulted. Being told is not the same as being I take the point about the need to be careful in talking consulted. about this issue in the context of a parliamentary debate Mr WATT — The member for Yan Yean can say and the need to be respectful of people with a disability as much she likes that there was no consultation, but in our community and their carers. However, we have this issue has been around for a while. It is well known. to understand the context in which we are debating this In terms of consultation, the government received a bill. Everyone’s memories are very fresh when it comes number of letters, like the one from the state manager to this particular issue and the very recent controversy caused by the government seeking to change

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arrangements for people living in government housing It was very brave of those people who, through or supported residential services in order to, in the organisations like the Victorian Advocacy League for words of the government, create a system that is Individuals with Disability Inc. (VALID) and equitable for those living in non-government Villamanta Disability Rights Legal Service, stood up to placements. That is where this bill really rests. the government and made the case that before a bill like this goes through there ought be greater consultation. In the Age of 6 September there is a headline that reads That is the reason the member for Yan Yean has put ‘Relief for disabled as Napthine drops big rent hike’. forward a reasoned amendment in this Parliament for The article goes on to talk about the legal action. We consideration. Because of what has happened over the can talk about how many applicants there were and last two months, people with disabilities and the how many of those applicants were being represented, organisations that represent them have lost confidence but let us be clear: this was disabled people, or their in the government and are no longer able to take it on representatives, going to court to defend themselves its word. against the government. This legal action was essentially about people with a disability seeking to I support the member for Yan Yean’s reasoned reverse a very controversial decision by the government amendment because I know what this bill intends to do. to increase board and lodging fees in state-run The bill is about cutting into the pensions, if you like, of accommodation to 75 per cent of the disability pension those people who are living week to week — people effective from 1 December. The government’s actions like Julian Mountford, whose needs were presented at were described in plenty of ways in the article, VCAT by his family members, who basically argued including as ‘mean-spirited’. I could go on picking out that if the government had its way, after the budget he words from this piece to describe the actions of the would be left with less than $100 a week for all his government, but what it essentially came down to — — personal expenses, his day placement, his transport and his medical and dental bills. Ms Wooldridge — On a point of order, Deputy Speaker, we are now further into debate on the bill. Ms Wooldridge — On a point of order, Acting There is less latitude. We still have the member Speaker, I renew my previous point that this is not debating issues that are inconsistent with the bill. He is relevant to the bill. It is a historical situation relating to referring to history that is not relevant to the bill we are the budget which is not consistent with or related to the debating. bill in front of the house.

The ACTING SPEAKER (Mr Blackwood) — The ACTING SPEAKER (Mr Blackwood) — Order! I do not uphold the point of order, but I ask the Order! I do not uphold point of order, but I ask the member to come back to the bill. member to come back to the bill and use information that is relevant to it. Mr NOONAN — We are debating a bill that increases the capacity of the government to reach Mr NOONAN — I thank the Acting Speaker for further into the pockets of people with a disability to not upholding the point of order, because if you look at grab a greater revenue share. That is what this bill is the criticism that was levelled against this bill in the about. Because the government could not achieve this 11 November media release from Villamanta and outcome at the Victorian Civil and Administrative VALID, you see that it refers to what has happened in Tribunal (VCAT), it has come into this house to beat the past. the weakest members of our community with the biggest stick possible — this new law. That is what this Ms Wooldridge — That does not make it relevant bill is about. There is no exaggeration there; there is no to the bill. hyperbole. Mr NOONAN — Of course it makes it relevant to I have come into this place on a number of occasions what is in the bill. The Minister for Community and spoken about the Mountford family — Peter and Services is living in fairyland if she does not believe Georgina and their son Julian. I mentioned them during that there is some link between what she did as a the budget debate and also in a members statement, minister post-budget and where we find ourselves today because these people are the human face of this bill. in terms of this debate. I will quote from the media These are real people who will feel the impact of this release of 11 November. It states: bill. Whether there were 44 applications to VCAT or There is already a high level of distrust amongst people with more, there are many people who will be affected by disability and families, arising particularly from the state this bill. government’s recent attempt to lift fees for this same group to

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75 per cent of the disability support pension, plus 100 per cent People seeking accommodation in group homes have of the CRA. Despite the government’s assurance that the often been on a waiting list for a while. It can be quite current bill does not seek to reintroduce that same draconian measure, there is an overwhelming sense of ‘once bitten, random as to when or where a place comes up and twice shy’. whether it is in a community-based home or in fact in a DHS one. A person has the right to choose whether That is what this debate is about. It is about a lack of they like the look of the accommodation, whether they trust and transparency. want to stay there and whether they like cost of it.

I have struggled to work out how these various I come back to the cost, because there is a difference. formulas may affect people based on the briefings that Typically the average cost of DHS accommodation is we received. There are formulas that will be delivered 49 per cent of the pension, and for the private ones it is under this bill which stand at odds with the movement closer to 60 per cent. and thrust of what we are trying to do in this country for people with disabilities. As a nation, we are trying to We have all spoken on a number of bills that have give people with disabilities greater opportunity and come before the house about the cost of living and greater choice, but this bill, in my view, works against increases that happen in line with the CPI. There was a that. Therefore, the reasoned amendment put forward matter about an increase in rental fees that went to the by the member for Yan Yean is not unreasonable, Victorian Civil and Administrative Tribunal (VCAT), based on the lack of trust that those who will be which has been referred to by earlier speakers, and affected by this bill have in the government. which involved some 1400 people. A block of people were represented through State Trustees and 70-odd Indeed I speak very clearly for people like Julian through Villamanta. VCAT ruled that these cases must Mountford and his family, and I am sure other be looked at on an individual, case-by-case basis. It is members on this side of the chamber will make clear from the numbers we are talking about that this contributions on behalf of those constituents in their could happen. A figure of 1800 has been bandied own electorates who find themselves victims of a around. If, every six months, each matter was reviewed government that seems to be unwilling to even maintain individually and went to VCAT, it has the potential to the status quo in terms of their arrangements. We can very much clog up our court system. It is in expect a level of defence from government members on everybody’s best interests to reduce the costs associated behalf of the minister because it is a sensitive issue. with going to court and the angst of people going to You do not want to be taken to court if you are a VCAT. Regardless of who they are or what their minister, and certainly not by those people with circumstances are, it is always a fairly stressful disabilities or their carers. I would ask those situation. government members to reflect on that as they make their contributions. The bill before the house makes it clear that VCAT must dismiss an application for a review of a notice of a Ms McLEISH (Seymour) — I rise to support the proposed increase to a residential charge in a group Disability Amendment Bill 2013 that is before the home where it is in line with CPI. The crux of this is house. This is a bill that clarifies the power of the that it will allow business to occur as usual. That had Victorian Civil and Administrative Tribunal to review a been the case, but the VCAT case threw in a change resident’s application in relation to a notice of a that had the potential to blow things out and waste lots proposed increase in a residential charge. We are aware of time. This provision is certainly in the interests of that some 5000 people live in supported streamlining the process. accommodation or group homes across the state, and for these people there are basically two types of Everybody has the right to appeal, and people with accommodation: the community privately run disabilities in group homes have their own rights. A accommodation and the Department of Human couple of years ago Dream Theatre in Seymour put Services (DHS) government-run accommodation. together a clip about those rights. People with Within my electorate there is only one government-run disabilities acted in this DVD, some of them in the accommodation option, in Alexandra, but I know there position of the person making the decisions and others are more in the surrounding areas. There are many such in the position of those who were copping the places in Mooroolbark, in the Yarra Ranges and consequences of the decisions. It was remarkable how certainly in Bendigo, Macedon, Whittlesea and well those people with disabilities living in supported Shepparton. This bill is based on DHS-run accommodation were able to put their points forward. accommodation. The people from Dream Theatre, Goulburn Options and

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DHS who supported the making of that DVD are to be who have also had to deal with the way this commended. government has treated them on this occasion, not just with the case that went to VCAT but even here today. There is another element to this matter, which is in They feel as though they are being treated poorly. It is regard to the board and lodging fee. Rather than having for that reason the opposition has moved a reasoned rent and a whole bunch of line items separately listed, amendment. they will now be bundled together into a single fee. I have heard those opposite talk about cash grabs. We are I will read from the media release of the Victorian looking here at people who are eligible to claim Advocacy League for Individuals with Disability Inc.: commonwealth assistance. It is not a grab for cash, as has been portrayed by the opposition. The simple fact is Consideration of the bill, which aims to introduce a board and lodging fees structure for the 2100 residents of state-managed that this amendment bill sets out the explicit limitations group homes for people with disability, should be postponed on VCAT to hear a matter about an increase in fees in in order to allow a proposed review of disability service fees line with CPI. People continue to have the right to to be conducted by the State Services Authority. appeal an increase in fees, but where those fees are increased in line with the CPI, the matter cannot be It is the strong belief of the opposition that the cart has heard by VCAT. As I understand it, the number of been put before the horse, and I believe that is the view people who are impacted is quite low. in the sector and of the families with members who have disabilities. They want to have a full and I commend the minister on bringing this bill to the thorough, frank, honest, open and transparent house. Members opposite have said that this is a fairly discussion about this issue with the government before benign bill, but at the same time they have said it was they go down this path. Is it any wonder they want that? something that they did not want to support. I find it They were burnt the first time, and they still do not feel quite a contradiction in terms that on the one hand they as though there is that level of trust and transparency in think the bill is benign, yet they do not support it. With this bill. that I commend the bill to the house. When I look at the bill I can see that they could become Ms GRALEY (Narre Warren South) — It is a confused, as some people opposite might be suggesting. pleasure to rise to speak on the Disability Amendment I suggest that most people would be absolutely Bill 2013. I do not think there is a member in this house bamboozled by the bill before us. It was great to hear who has not had people come into their office and who the member for Burwood spend most of his time as the local MP has not had to look them in the eye — attacking the member for Yan Yean, but I challenge people with children and other family members who him to tell me what this means: have a disability — and feel completely inadequate (PC × (D ÷ D )) + C about what they can offer them to ensure that their lives 1 2 are better, more fulfilling and without a sense of crisis. Ms Wooldridge interjected. As an MP, you feel as though you just cannot do enough. So I am aghast to see this bill before the house Ms GRALEY — Or maybe the minister can tell me today after the first attempt to increase the fees was met what this means: with such reluctance and disbelief by members of my community and the disability sector. All strength to ((PC-C1) × (D1 ÷ D2)) + C2 them for the way they campaigned against the first I would love somebody to get up and explain that. increase and took their campaign to the Victorian Civil and Administrative Tribunal (VCAT). It really showed Honourable members interjecting. that this issue is very important to them. Ms GRALEY — I would really love people to get We have also seen in this house that nearly up and explain it. 7000 petitioners have raised this issue with the government. It is not an issue that just happens to affect Mr Watt interjected. a few hundred families, as some members opposite are suggesting; 7000 people signed a petition suggesting Ms GRALEY — No wonder the member for the government got this wrong. When you go about Burwood spent his time attacking the member for Yan your business in such a way that you create distrust and Yean rather than talking on clause 4 of the bill, which a sense of dishonesty with the people you are dealing has examples of not just these ones — — with. There are people who are, as I have said, trying to Mr Watt interjected. work their way through a very complicated system, and

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Ms GRALEY — Maybe the member would like to trust the government. In fact the press release says that, go to clause 4 and tell me what it means, because I does it not? It states: suggest to you that most people would not be able to understand it. This is why it is important that the There is already a high level of distrust amongst people with disability and families, arising particularly from the state government sit down with people in the sector, people government’s recent attempt to lift fees for this same group to with family members with disabilities, and explain 75 per cent of the disability support pension. what it actually means, because this is a very difficult formula. It is a formula that is likely to confuse people, They feel as though this government is not listening. and it is likely that people might read into it what is not there. I will give that to the minister — they might be Mr Noonan — Their words. reading things into it that are not there. Ms GRALEY — That is right; those are their But what the opposition is suggesting in its reasoned words, as the member for Williamstown says. The amendment is that the government at least conduct people who have children, or other family members appropriate consultation with residents, carers, families with a disability, are just asking one simple thing from and other stakeholders to work out what would be a fair the minister and the government — that instead of system of disability accommodation fees and charges shouting at us and talking across the table in what I which they would understand and which they would be think has been a most unedifying performance they able to predict in the future so that they could plan their actually listen to what people in the sector are saying, lives, just like everyone else has a right to do when they listen to the families that have children and family are getting their budget together. Because at the members with a disability. That is what they want the moment you hear people in the sector talking about government to do. That is why it is so important for increases of 32 per cent, which means you are talking members of the house to consider and support the about thousands of extra dollars having to be found by reasoned amendment put forward by the opposition. families to keep their children or other family members When people come into my office who have children in supported accommodation. with a disability one of the things they always say is Ms Wooldridge interjected. that they never have enough money to do all the things they would like to do. Is it any wonder, therefore, that Ms GRALEY — This is what is being said in the they are concerned by the government suggesting there community. This is what people are saying, Minister. will be fee increases of whatever proportion? Although You might want to shout me down — — I listened to the member for Bentleigh not long ago saying that the cost of living is under control under this The ACTING SPEAKER (Ms McLeish) — government, so we do not have to worry about that, the Order! The member will direct her remarks through the CPI should not be an issue! Chair. The fact is that we know costs go up and that people Mr Noonan — They’re making it up. from this community often experience large increases because of the things they require to survive and to do Ms GRALEY — Whether they are making it up or extra things. For example, one of the members of my not, that is what they think may be happening here, and community was saying she thought if the increase in it is up to the minister and the government to show that fees went ahead she would no longer be able to catch a they have a heart, show that they want to be fair, show taxi to go to the art group she enjoys so much; she that they want to be transparent and sit down with would not have enough left to be able to afford to catch people with families — — the taxi to be with her friends, do her painting and actually enjoy a healthy experience in the local An honourable member interjected. community. Those are the sorts of fears this Ms GRALEY — We will. We will after we hike government has contributed to, that it has made worse. their rent increases up to the ceiling and they have no It has really scared a lot of people. I know this is a idea what is going on. government that does not care about much except its own survival, but I would suggest that in this case Mr Noonan — They don’t trust the government; members opposite should support the opposition’s that’s the problem. reasoned amendment.

Ms GRALEY — The problem, as the member for Mr CRISP (Mildura) — I rise to support the Williamstown quite reasonably says, is that they do not Disability Amendment Bill 2013. The purpose of the

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bill is to amend the Disability Act 2006 in relation to a There has been some talk about a review. The review by the Victorian Civil and Administrative government is intending to review this matter because, Tribunal (VCAT) of a decision by a disability service as members know, a change has been made with the provider to issue a notice of a proposed increase in a introduction of the national disability insurance scheme residential charge. I have been listening to the debate, (NDIS). As the NDIS is rolled out, the key stakeholders and I think there are a couple of things we probably will be involved in the review in the context of the need to point out at this stage. People will not be worse national scheme. That is expected to be done by August off. Some of the comments from the other side have 2014, so there is an opportunity for the concerns to be drawn on old examples and have not been based on raised in the context that things are changing. We have what the government is doing. We need to be careful all welcomed the NDIS, but it will make things not to scare those who are vulnerable in our community different, and because of that this is a good time to more than necessary about this. We need to be careful undertake that review. not to damage those who are most vulnerable. Members are aware that there has not been a public If families and carers are concerned about any of these review of residential charges since the act came into issues, there is a hotline number for them to ring — force in 2006 and that since then things have changed. 1800 249 729 — to find out what it means for them. Depending on the group home in which a person We know that every case may be different, but there is resides, the monthly charges can vary considerably. a number to ring and people who can assist carers and There is a need for a fairer, more equitable fee structure others to find out whether they will or will not be worse which is transparent across the managing groups. An off. Similarly, in relation to the matter raised by the independent review of residential charges by disability member for Narre Warren South, the formulas are service providers will provide comprehensive complicated but at page 3 of the bill the various departmental advice to inform people concerned on symbols are explained. Between that and the future fee structures. It is important to note also that 1800 number people should be able to sit down, some of the confusion out there is because there are approach this rationally and calmly and get the changes differences across the sector and that makes it harder. If explained for their circumstances. I think with that, this we can get some more transparency and consistency process can proceed. across the sector, some of the confusion can be minimised. As we know, in Victoria there are more than 5000 people with a disability living in group homes that I will finish my contribution where I started. Anyone are managed by the government or community sector. out there who is concerned should phone the hotline on All the residents of those disability services homes have 1800 249 729 and talk about their particular the right to apply to the Victorian Civil and circumstances so that people can have their Administrative Tribunal for a review of a notice of a circumstances evaluated by experts, rather than perhaps proposed increase in their rental charge. The rental not being able to have their circumstances considered charges are increased regularly by the disability service correctly one on one. I support the bill. providers in line with the cost of living, the disability support pension and the commonwealth government’s Ms HUTCHINS (Keilor) — I rise to speak on the rent assistance. Disability Amendment Bill 2013. As has been mentioned by previous speakers on this side, Labor has The Disability Regulations 2007 prescribe the amount moved a reasoned amendment asking the government as a maximum residential charge, and this was intended to delay by the State Services Authority final as a threshold reference by which VCAT can decide consideration of the bill pending the review of whether the increase as a residential charge above the accommodation fees and charges across the disability threshold may be considered excessive. The regulatory sector. I refer in particular to a media release put out on impact statement clearly demonstrates that there is no Thursday, 8 November, by the Minister for Children expectation that each and every increase in fees, and Early Childhood Development, which states: regardless of whether it was above or below the threshold, would provide cause for VCAT to review it. In tough economic times like these, I think the soul of a government can be seen in the areas it prioritises for The bill allows disability service providers to continue funding … to implement regular fee increases related to the cost of living or the commonwealth rent assistance without a There could not be a more astute statement on this review by VCAT. That will allow them to get on with matter before us today. The minister is going straight to providing the services with the charges that they need. the heart of it and is cutting those in our society who are most vulnerable where it hurts them the most — that is,

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in government financial support. The flow-on effects Another constituent in my electorate who has written to are felt by not only those in supported accommodation me is Mrs Liz Sibbald. She wrote on behalf of her adult care but also their families, who struggle from day to son who suffers from severe disabilities and is in day to support their young or adult children. supported care. She outlined just how tight the budget for her family is, she having been a widow for 17 years, The bill amends the Disability Act 2006 in light of the and just how much she struggles on the current pension successful case launched by residents, carers and to make ends meet for her son. She has said that guardians against the recent more than 50 per cent particularly after the cost of rent and everyday life there accommodation fee hike heard at the Victorian Civil are just no funds left from his pension and quite often and Administrative Tribunal (VCAT). The attempted she has to cover the costs of medication and upgrading fee hike would have seen many vulnerable Victorians his glasses. In a letter she wrote a few months back with a disability put into dire financial difficulties. This about the increased cost of living and the fee hikes the is a short bill amounting to just six clauses. According government is proposing, she stated: to the government, it is relatively straightforward, but that is not the case in practice. This is coming from a I’m a widow and I worry when I pass on how my son will government and a minister whose previous track record cope. includes a failed bid to slug the most vulnerable in She said that she worries about what will happen when society with huge rent increases and a bungled adoption she passes on and that her son will have no-one to help bill that upset almost every parent involved in the him balance his budget or to top up his finances to process. The government states that the bill gives cover living costs. certainty to the disability sector. That could not be further from the truth. The bill goes beyond merely This fee hike is disgusting, and the process that has restricting consumer price index increases from VCAT been undertaken by the government is one that thumbs challenges and instead allows the government and other its nose at the disability sector, including parents who providers to increase fees by up to 40 per cent without are struggling from day to day to support their children any recourse to VCAT. and family members who are in supported care.

Only in the murky world of the Napthine Liberal Mr Noonan interjected. government could you find prioritised such amendments that hurt the most vulnerable. Labor firmly Ms HUTCHINS — That is right. Apparently there supports Victorians with a disability and those living in is a 1800 number they can call. Will that change the supported accommodation. We believe in treating cost of living issues for them? I do not think so. The people with dignity and in providing good quality and Minister for Disability Services and Reform may try to safe accommodation. This bill is a blatant cash grab. It claim that under these reforms everyone is a winner, is an attempt at cost-shifting resources from the but the fact is that everyone will be a loser under these commonwealth government to the state government reforms. Despite the claims of the minister, many that is liable to leave some vulnerable residents out of Department of Human Services (DHS) residents are pocket. already claiming the commonwealth rent assistance (CRA). Therefore the proposal will provide much In my electorate I have a few families who have already potential hardship. In addition, given the rent review, brought this matter to my attention and have been how can anyone trust that the government’s plans to campaigning hard alongside the organisation called the allow claims for the CRA even stack up? Let us hope Victorian Advocacy League for Individuals with that the government is not using the same legal team Disability Inc. In particular, I refer to a Hillside family that it used at VCAT, where it was severely defeated by in my electorate. Teresa and Wayne Baker have an the good people who took up the case. adult daughter who suffers from severe cerebral palsy and epilepsy and who is living in supported care. I Honourable members interjecting. quote Mrs Baker, who has said: Ms HUTCHINS — The government withdrew the Whatever is left of my daughter’s monthly pension, it is spent notice because it was going to lose — that is it. on everyday essential items … Honourable members interjecting. These are items such as medication and clothing. Mrs Baker worries about the fee hike, and she has said Ms HUTCHINS — In total 1800 out of 2500 DHS publicly that it is heartbreaking to think that your child accommodation residents sought a VCAT review of the will be living under the poverty line due to the changes hike. I would say that is a good percentage of those in that are being proposed by this heartless government.

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the sector who are saying, ‘We will not stand for this will be structured in a way that will allow residents to increase, and we will fight’. In fact I was surprised at claim commonwealth rent assistance to contribute to how many people came into my electoral office asking the charges. to sign the petition. The community’s opposition to these changes is quite overwhelming, and obviously the As we have heard, 5000 people live in supported government knows that. accommodation across the state, which includes private accommodation and Department of Human Services In between all of this action a review of residential fees (DHS) accommodation. There are two DHS in supported accommodation has been initiated by a accommodation facilities in the Carrum electorate, press release — not even by consulting with the which I represent. industry or meeting with people face to face. I urge people who are affected by these changes to have their I commend the minister for working with the voices heard, but I have no doubt they will already be community and liaising with the community doing that. extensively. I am intrigued by the opposition’s reasoned amendment. The reasoned amendment is ludicrous, Minister Wooldridge wants Victorians to believe that because it is calling on the minister to listen to the this is not about bringing back the attempted fee hike; sector. Some of the terminology that has been used by however, given the allowable non-contestable increases opposition members includes ‘to be fair’, ‘to be of up to $3224 within this bill, how can this not be transparent’, ‘to listen to the sector’ and ‘to listen to viewed cynically? This is worse than putting the cart families’. The opposition keeps referring to the media before the horse, because the government simply has no release of the Victorian Advocacy League for idea what the review will throw up, given the sector’s Individuals with Disability Inc. (VALID). Since very complex issues. Labor believes this bill should be VALID distributed the media release, it has said that delayed until after a full, open and transparent review of the cost of living increases are fine. The ALP’s disability accommodation. We urge the house to reasoned amendment does not even allow the support the reasoned amendment that has been put government to consider an increase in line with CPI. before it today. This is a critical part of the bill. The reasoned amendment does not make sense. I conclude by going back to where I started, which is a quote that I think sums up the heartlessness and the lack The minister has been fair and transparent and has of commitment and passion of this government. I quote listened to the sector and to families. I take great the Minister for Children and Early Childhood pleasure in informing the opposition that the minister Development in her press release last week, which has done this. When the minister mentioned that a new states: fee structure would be announced, she immediately began consulting with organisations. A free information In tough economic times like these, I think the soul of a phone line was set up and an email address was government can be seen in the areas it prioritises for funding … provided. One hundred and seventeen people, who represented families and staff of disability Certainly from budget to budget we have seen how organisations, provided feedback; this included VALID much this government does not care about the most staff and the residents of supported accommodation. vulnerable in our community. The disability services commissioner and the Office of the Public Advocate have provided feedback. Mrs BAUER (Carrum) — It is a pleasure to rise to Community service organisations and disability support support the bill before the house, which is the Disability organisations have also provided feedback. It is a Amendment Bill 2013. I am proud to speak on the bill disgrace that the opposition should come into this place, and proud of the government’s commitment to people scaremongering and saying this is a cash grab and that with disabilities and their families in the community. the government has not consulted with the community. The Disability Amendment Bill amends the Disability The opposition is trying to thwart business, as usual, for Act 2006. The bill clarifies the Victorian Civil and political ends. It is trying to score cheap political points. Administrative Tribunal’s (VCAT’s) role in reviewing accommodation charges for people with a disability in No further changes will be made, and we will continue supported accommodation. It will remove the threat of the consultation. I was intrigued that members of the a VCAT review of incremental fee charges. As we have opposition slammed the member for Mildura when he heard, incremental fee increases can occur every six was trying to communicate that if anyone still has months. A new board and lodging fee will be concerns, there will be a free-call phone line. I will introduced. This has not being reviewed since 2006. It repeat the number for the benefit of opposition

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members, in case people in their electorates would like I write in relation to the order by VCAT of 29 August 2013 to know it: it is 1800 249 729. Opposition members determining that the tribunal has jurisdiction to determine residential charges as per the Disability Act 2006. NDS may be interested to know that if someone in the Victoria is concerned the decision creates some uncertainty in community is concerned and makes an inquiry, the terms of how future increases in supported accommodation minister and the department have made a commitment charges may be applied by non-government service providers. that calls will be returned within 24 hours. This shows that there is a genuine desire to continue to consult with James O’Brien, state manager of NDS, closed his letter our community. by saying: We are very keen to work with you and your department We know there is a growing need for accommodation towards a sustainable and fair process for the setting of for people with disabilities. I am proud that the supported accommodation fees. coalition government’s annual targets for delivering individual support packages are more than those of the That is certainly an indication that we are responding, former Labor government. We will continue with these and we are certainly continuing our support and targets. commitment to the disability industry. I implore the ALP to stop living in the past and to stop the Before I entered this place I worked in the field of scaremongering in the community. This bill is about the disability services. I worked with Interchange and cost of living rises, and people will not be any worse off OzChild. I am proud of the work that Scope does in in the community. I commend the bill to the house. Aspendale and Chelsea and throughout the south-eastern suburbs. I am confident that our minister Ms EDWARDS (Bendigo West) — I am pleased to and Premier would not introduce legislation that would rise to make a contribution on the Disability unfairly affect people within the disability sector. Amendment Bill 2013. Labor has put forward a reasoned amendment to this bill, which is that the bill The minister and the Premier have already proven their be delayed until after the government and the minister commitment, and they are proud of their commitment have completed their planned review into the board and to disability. They work tirelessly for the industry, and lodging fee structure, have had full community the opposition has not even touched on any of their consultation and have had proper modelling put in great initiatives, including the launch in the Barwon place. region of the national disability insurance scheme. We have innovative supported accommodation for people, I heard the member for Carrum mention the national and we are helping people in respite. We are helping disability insurance scheme. I put on the record that that children with disabilities by providing aides and is in fact one of the greatest federal Labor achievements equipment, and we are providing extra support for the of all time; however, in contrast, this bill could not be disability sector. more starkly different. I also heard the member for Carrum mention wide consultation on this bill. The opposition is very selective in its argument; it is However, I put on the record that just last week I met only referring to the little pieces it likes to refer to. The with a number of disability service providers in my ALP is living in the past, as it is so good at doing. This electorate, and none of them were even aware that this bill is about addressing the cost of living rises. People legislation would be before the house this week. That will not be any worse off. I call on the opposition to explains a lot about the lack of consultation. stop scaremongering and spreading fear across our communities. I close my contribution by saying and The residents, carers and guardians recently, as we reaffirming to the opposition that we have had as a know, went to the Victorian Civil and Administrative government eight letters of support from the sector. Tribunal (VCAT) to put their case against the recent 50 per cent-plus accommodation fee hike. In light of Mr Nardella interjected. that, the government has now moved with this legislation to ensure that increases in accommodation Mrs BAUER — No, this is from the sector, which fees linked to CPI and below a certain threshold — is supportive of government changes. If the member 75 per cent of the disability support pension — cannot had been listening earlier, he would have heard that we be challenged at VCAT. That smacks of fear from this had 117 people providing that feedback. One of the government, which tried so hard to increase fees for interesting letters has come from James O’Brien. He is disability accommodation previously. The petition that state manager of National Disability Services (NDS). was signed by thousands of people put the government His letter to the minister touches on the VCAT ruling. It off that, and now it has snuck this legislation in through says: the back door. It is nothing more than a cash grab for

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the financial support that is given to people with a Mr Watt — On the point of order, Acting Speaker, disability for their living expenses. clearly the member is not being relevant to the bill. As the minister has pointed out, Sandhurst is not affected True to form, the Minister for Disability Services and by this bill. Reform announced this legislation through a media release. Similarly, she announced earlier this year by The ACTING SPEAKER (Ms McLeish) — media release and without consultation the closure of Order! I ask the member to resume speaking but to be the Sandhurst Centre in Bendigo, which is a facility run clear in speaking to the bill or to the amendment. by the Department of Human Services (DHS) and has 29 residents located there. Ms EDWARDS — I am speaking to the reasoned amendment. As I said before, the residents of the Honourable members interjecting. Sandhurst Centre will eventually be removed from that centre because it is closing down, and they will be in Ms EDWARDS — Acting Speaker, I request your supported accommodation. They will be affected by the intervention. legislation. Unfortunately there is still no security for those residents or their families and carers at this stage, The ACTING SPEAKER (Ms McLeish) — and there is still a lack of consultation about what the Order! I ask members of both sides to cease future holds for them. interjecting. The motivation behind the decision to make this fee Ms EDWARDS — Some of the residents at the hike for residents in disability supported Sandhurst Centre have in fact resided there are almost accommodation is nothing more than this government’s all their lives, and it is a very well-known ideological bent to privatise community services — and accommodation facility in Bendigo. Unfortunately for at the expense of people with a disability, who require a those 29 residents — — high quality of care. High-quality specialist care Ms Wooldridge — On a point of order, Acting requires skilled and experienced disability workers who Speaker, this bill is not relevant to the residents in the are in secure employment with commensurate wages Sandhurst Centre, and I ask you to ask the member to and conditions. return to the bill. I would like to refer, if I may, to a disability provider in The ACTING SPEAKER (Ms McLeish) — my electorate which the minister may or may not be Order! I ask the member to return to the bill. aware of, and that is Care Beyond Measure. It is in fact a private provider; however, when I mentioned this Ms EDWARDS — If I could just answer on the legislation that was coming before the house this week point of order the minister raised, Acting Speaker, this to the CEO of that organisation he was quite shocked. is very relevant to the residents of the Sandhurst Centre, Being a private provider there is every opportunity for who are in DHS accommodation. This legislation — him to make a lot of money from this, but because of this rent hike — will affect them directly. his ethics and his moral standing in the community he was extremely concerned about the people under the Ms Wooldridge — On the point of order, Acting care of his organisation, particularly in relation to the Speaker, the member clearly has not read or understood fact that they are already struggling with cost of living the detail of the bill. This is not relevant to residents of pressures. There is no question about that. People with disability institutions, and the Sandhurst residents are a disability who live on disability pensions struggle not affected by this bill. I ask her to return to the bill from week to week to make ends meet, and any and get her facts right. additional grab for cash by this government will make things much more difficult for them. Mr Madden — On the point of order, Acting Speaker, the minister may not like exactly what the Unfortunately this attempted fee hike will see many member is saying about her bill, but if the member is vulnerable Victorians with a disability put in very dire given the opportunity to debate the bill broadly, no financial difficulties. This is coming from a doubt she will draw the relevance of her remarks back government, and of course a minister, whose track to the bill. The minister may not particularly like what record includes a failed bid to slug the most vulnerable the member is saying, but that is not a point of order in society with huge rent increases and a bungled she can take up against the member on this side of the Adoption Amendment Bill 2013 that upset just about chamber. every parent and their now adult children, whom the

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government had only just apologised to some months same rights as a private tenant, but with a little bit on before. top. VCAT is able to review proposed residential charge increases for a tenant of a residential group The bill actually goes beyond merely restricting CPI home. While a lot has been said about VCAT’s powers, increases from VCAT challenges; it also allows the it is important to note that VCAT will still have the government and other providers to increase fees by up power to review residential charges that may be to nearly 40 per cent without any recourse to VCAT. deemed excessive or above a prescribed amount. That Sadly it is only in the murky, dark, ideologically driven prescribed amount refers back to the Disability world of the Liberal-Nationals government that those Regulations 2007, which say that it equates to 75 per opposite could somehow try to put spin on a bill that cent of the commonwealth DSP and 100 per cent of the potentially allows an increase of up to 40 per cent commonwealth rent assistance. This bill, however, purely in response to CPI increases. When it comes to provides that VCAT must dismiss an application where the formulas which have been discussed and which are the residential charge increase is in line with cost of used to work these fees out, I defy any member of the living increases with respect to the disability support Liberal-Nationals backbench to figure out how they are pension. It has been common practice since the arrived at, because I could not figure them out. I am inception of the Disability Act 2006 that the residential pretty sure that even the minister does not even know charge has increased in proportion with the cost of how to figure them out. It defies belief that anyone in living. the disability sector, any service provider or any family member or carer of a person with a disability, will be Those opposite have been speaking on various aspects able to figure those formulas out, because I have to say of the bill, and there have been quite a few myths. One they are a bit bewildering. of those is that around 2000 people took the government to VCAT through the Villamanta The minister might like to claim that everyone is a Disability Rights Legal Service action. The facts are winner under her reforms. The minister might not like that approximately 70 people joined the Villamanta to hear what the opposition has to say about this action against the government at VCAT. It needs to be massive, disgusting attack on the most vulnerable said that a list of the State Trustees was provided to people in our community, but it is the truth. Under her Villamanta, and that list contained around 1400 names. reforms to the DHS board and lodgings fees, DHS Whichever way you look at it, even if you include those residents will be much worse off. In addition, I have to names on the list, it is simply not 2000. It is closer to say that until there is a much better consultation process 1500 than 2000. Many of those on the State Trustees with the disability sector, with service providers and list of clients were not actually asked to take action. I with family members, our reasoned amendment should think that is the first myth that needs to be quashed. be agreed to. Secondly, there seems to be continual verballing Mr NORTHE (Morwell) — It gives me great coming from the opposition with respect to the pleasure this afternoon to speak on the Disability potential impact on residents. There is a Department of Amendment Bill 2013. While there are a lot of Human Services question and answer fact sheet in mysteries, myths and conspiracy theories coming from relation to board and lodging fees, which claims to the other side, I will try to stick to the facts of the bill. It answer: is important to first outline the purpose of the bill. It is to amend the Disability Act 2006 in relation to a … a range of questions about the planned board and lodging Victorian Civil and Administrative Tribunal (VCAT) fee … for people with a disability living in Department of Human Services … managed disability residential services. review of the decision of a disability service provider to issue a notice of a proposed increase in a residential The fact sheet goes on to describe a board and lodging charge. VCAT’s power in reviewing a decision is fee, how it differs from the current approach to limited only if the proposed increase reflects the cost of charging and why a new board and lodging fee has living percentage increases to the disability support been introduced. It says very clearly on the right-hand pension (DSP) or the amount of commonwealth rent side of the front page of that question and answer fact assistance (CRA). sheet:

The amendments to the bill relate to residents of The board and lodging fee: disability services group homes, of whom there are will not impact on a resident’s disposable income other around about 500 000 across Victoria. They reside in than adjustments for cost of living increases. either government or community-sector-run group homes. The tenants of those homes essentially have the will not change the support residents receive.

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will enable residents to access the commonwealth rent for people living with a disability. I thought I had heard assistance allowance to contribute to their board and it all, but I have had to sit here and listen to the lodging fee. gratuitous advice of members opposite, who have said It is simply not factual at all for members opposite to that people with disabilities can ring up a telephone say that residents will be worse off. They might have a service or email their concerns to the department. That difference of opinion with respect to the content of the just shows how out of touch they are. I have a brother bill, and that is fine, but we should at least have a with an intellectual disability, so I know the challenges debate about the facts, not myths. that people such as my brother face in making a phone call to any agency to express their concerns or desires, The bill also stipulates that VCAT must dismiss an let alone the challenges they face in emailing an agency application for the review of a notice of a proposed to ask for advice or express a concern. Government increase in a residential charge. That is applicable to the members have no idea what it is like. They should walk CRA, and again I reinforce the point that VCAT still mile in the shoes of people with disabilities before they has powers to investigate if there is an excessive charge can stand up in here and tell opposition members how above and beyond the prescribed amount. The act will much sympathy this government has for Victorians now note a commonwealth allowance in addition to a with disabilities. I have now heard it all, and I do not commonwealth pension. At the moment only a pension like what I hear. is noted, and this provision clarifies that the prescribed amount for a residential charge can now be prescribed I support the reasoned amendment of the member for by reference to an allowance or a pension. Yan Yean, because this bill is heartless and callous. It increases by more than 50 per cent the fees of As I mentioned earlier, the Disability Regulations 2007 government-run supported accommodation. This is a prescribe the maximum residential charge as a move the government could not get past the Victorian threshold reference by which VCAT can subsequently Civil and Administrative Tribunal (VCAT). The determine if an increase may be considered excessive. government could not get that money grab past VCAT, That is what those figures are for. It is 100 per cent of so it has brought forward this bill to try to get that the CRA and 75 per cent of the disability support money out of the most vulnerable members of our pension. As noted by others, a VCAT decision in community. Under this bill any increases that are linked August of this year determined that even if a residential to CPI and are below the threshold of 75 per cent of the charge was equal to or lower than that threshold, VCAT disability support pension cannot be challenged at essentially had jurisdiction to investigate that. VCAT. That is what this government is asking this house and the hundreds of vulnerable Victorians with Ultimately, we have two scenarios now in which disabilities to accept. VCAT must dismiss an application for review: firstly, a notice of a proposed increase in a residential charge Under clause 4, which inserts new section 72A, the related to the commonwealth rent assistance allowance; government will be allowed to make this one-off cash and secondly, a notice of a proposed increase in line grab, and it cannot be called anything but a cash grab. It with cost of living increases to the commonwealth allows providers to implement charges linked not only disability support pension. Residents are now able to to the disability support pension but also to access the commonwealth rent assistance allowance commonwealth rent assistance, and there will not be and contribute this as rent. With respect to any recourse to VCAT. What is the government afraid government-supported accommodation, there is a of? Why does it want to shield itself from the VCAT restructure of fees to provide a clearer and simpler appeals of vulnerable people? This is shameful and method of covering costs, which the minister regrettable, and government members ought to be articulated earlier. ashamed of themselves.

In closing, this is a good bill. It provides clarity for What will this mean for residents, because really that is those who reside in group homes. I commend the bill to what this is about and is the reason members on this the house. side of the house support the reasoned amendment of the member for Yan Yean. There is the potential for Ms D’AMBROSIO (Mill Park) — I rise to join this residents to have to find up to an additional $3000 in important debate on the Disability Amendment Bill rent from the meagre income that they are already 2013 and to support the reasoned amendment of my struggling to balance. Providers who charge around colleague, the member for Yan Yean. I am moved from 50 per cent of the disability support pension will be able the outset to say how appalled I am by the scant regard up to hike up rents in excess of 30 per cent without and lack of empathy shown by those on the other side recourse to VCAT. Here we go again. Members

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opposite believe that they need to be shielded from because the government is morally out of control. VCAT appeals. The last minister who sought protection Enough is enough! from VCAT appeals was the previous Minister for Energy and Resources, who is also the previous One government minister summed up beautifully what Minister for Gaming, the member for Malvern. He this government represents. The Minister for Housing, created a provision in a bill that he introduced that he who is also the Minister for Children and Early could have recourse for being insulted. I can tell Childhood Development, last Thursday put out a media members who has been insulted by this bill — the release, in which she trumpeted the moral compass that hundreds of vulnerable Victorians with disabilities in directs this government. She said: residential care. They are the ones who ought to feel In tough economic times like these — insulted, because they have been insulted. More is the pity that this government is coming back a second time we seem to always hear that line from the coalition — for a cash grab. It did not take the opportunity presented to it by its failure at VCAT to think twice about this I think the soul of a government can be seen in the areas it callous and heartless bill that it now seeks to have prioritises for funding. passed through this house. That is what this I say thank you very much to the Minister for Housing government represents — cost-shifting — and this from and Minister for Children and Early Childhood a government that won an election on the back of a Development, because that sums up her government promise to cut the cost of living. beautifully, but sadly to the detriment of those Victorians with disabilities who have been let down by The coalition claims to be a no-spin government. In this government. opposition the coalition put it out that it understood the pressures of ordinary Victorians, including cost of It is also important to remember that the government living pressures. It promised it would be different. It has indicated it will be reviewing fees attached to was going to fix the problems and reduce the cost of residential care. What is the disjuncture between that living for ordinary Victorians. It promised transparency process and what we have in front of us? Surely a and said it would be a no-spin government, and yet government that is looking at changing the model what we now have is something that speaks volumes would have some regard to aligning what it wants to about the direction in which it is going. We have heard achieve through this bill with that review. I understand it all before. We have a government that is doing the that review is not due for completion until early next exact opposite. It is making a cash grab, and along the year. The reasoned amendment goes to that very point. way is attacking the most vulnerable Victorians and It says clearly that this bill should not proceed until that saying, ‘Here is a telephone service, and here is an review is completed because, as we know, we cannot email address. Thank you very much. You can smell trust what this government says. It promises one thing the roses on the way out’. That is not good enough for and delivers another, so why should the opposition — the Victorians who need this government most. They why should anyone out in the community — believe have been let down by the coalition and its promises of this government’s rhetoric when it says, ‘Don’t worry, cutting the cost of living and protecting the most we’ll look after you because we’re always on your side vulnerable Victorians. This government has failed them and we’ve always got your back’? That does not cut it on that front. anymore, because time and again we have seen the exact opposite delivered by this government. Government members claim that this bill will not hurt vulnerable Victorians with disabilities. The coalition Enough is enough, and Victorians do not believe this won an election on the back of those promises, and now government, Victorians do not believe this minister and it is in government it has failed to deliver on them. All Victorians do not believe the Premier. The government we have seen from this government are hikes in fees must be held to account. The reasoned amendment and fines, and now it is attacking people in residential must be supported. This bill must not go ahead until care and Victorians with disabilities who need help this government has completed its review, with full rather than a hindrance in order to be able to enjoy a transparency. This government is great at hiding behind few of the little luxuries in life. The lives of some of reviews. We need to have this out in the community so these people are quite sad. The reality is that the lives of that we can all make an informed decision. some of these people could be a lot better, and the last thing they expected was a bolt out of the blue from a Mr McGUIRE (Broadmeadows) — I rise to make a government that promised to be different. Instead, they contribution on the Disability Amendment Bill 2013. It have received a massive whack, and there is the has been a momentous day in this Parliament with other potential for them to lose much more of their income,

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events that have occurred. Parliament works best when balance the needs of the sector to raise indexed fees in there can be a bipartisan approach that looks at critical line with the CPI against the ability of Victorians living issues, and we have seen that with what we have been in disability accommodation to contest fee hikes in the able to do with a major issue of concern throughout the Victorian Civil and Administrative Tribunal (VCAT). community. I acknowledge all the members who were However, any one-off cash grabs by the state on the Family and Community Development government or others, by adding an amount equal to the Committee for their input and the bipartisanship that commonwealth rent assistance, will still be contestable was shown, and I put that on record in this Parliament. at VCAT. If the amendment are not debated because We have seen this with other bills as well when there bill does not go into a consideration-in-detail stage or if has been an issue of significance and we have been able the amendment is defeated, Labor will oppose the bill. to reach across the chamber and say, ‘Hang on here. Have you really thought through the implications of The critical point we are discussing is how we can get what’s going on and what this might mean? Are there the best result in the best interests of the key group of any unintended consequences that flow from this?’ people we are trying to support through this bill. What the Labor Party is really saying today is that we Labor’s position is that we firmly support Victorians are putting forward a reasoned amendment to the with a disability living with dignity in good quality and government and looking to delay this bill in order to get safe accommodation. The concern — and in a way I am a review by the State Services Authority on reporting this to the Parliament on behalf of the people accommodation fees and charges across the disability within my community who are most affected — is that sector. this bill will have a major impact. Sometimes there can be a total disconnect between bureaucrats and the As the member for Broadmeadows I know that this is a centre-of-government, centre-of-city assessment and very important issue for my constituents. On all the what is going on in communities and the day-to-day critical indicators Broadmeadows is an area of high reality of people. I think there is a need for a pause and disadvantage, but it is a very proud community, and we better assessment, and really that is what the Labor have people who really want to make a difference in the Party is asking for. lives of people with disabilities. I have spoken to people at Brite Services, the main service provider in the area, The way it was put to me is that a lot of the people that and I asked them what difference they think this will we are talking about here and that we are trying to take make to people in their everyday lives. Brite Services is care of live below the poverty line. Employees in the saying that the margins are so fine in regard to the disability care sector are low paid. They are caring for ability for people to take care of themselves that it will some of the most vulnerable people in our community. make a huge difference. That is the point that can In theory what the government is doing may look sometimes be missed even unintentionally. This is an logical, but an increase in these prices will have a huge opportunity to take a step back and look at what can impact on individuals. We cannot simply have cost occur here and what is in the best interests of the public. savings without conscience, if I can put it that way. We need to get the balance right in the way that we deal The way it was put to me is that this will have such an with this. impact on people and their ability to take care of themselves that it will take the whole proposition of A lot of petitions have been organised in my electorate independence back to the 1970s and it will threaten the on this matter. There have been real problems about ability of people to take care of themselves, because at how much this will bite, particularly in areas that are that level every dollar counts significantly, particularly disadvantaged. Every dollar is critical. One example for people with disabilities. It was also explained to me given to me was about the independence of one person that sometimes people with a disability, in managing who was trying to get on in life and was trying to use their money, are trying to take care of expenses, so they public transport. The problem was that he could not can go from living well one week to being almost in a afford the train fare and was then fined for being on the soup kitchen the next. In the management of their cash train without a ticket. The situation spiralled, when all flow every dollar is really significant. he was doing was trying to do the right thing, become independent, earn an income and make his way in life If the bill goes into a consideration-in-detail stage, as best he could. These are the sorts of unintended Labor will move amendments seeking to remove consequences that can sometimes occur. proposed section 72A(2)(a) and (b), which allow the government and other providers to make a one-off cash We are trying to say there is a way of dealing with this. grab by taking an amount relating to the The Labor Party believes it is a better way. We do not commonwealth rent assistance. Our amendments will want to leave vulnerable people out of pocket and place

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them in a more marginalised situation in their lives. miserly bits of legislation that I have seen brought into Also Labor supports in principle the need to provide this place. certainty to disability providers. This needs to be balanced against the needs, as I said, of some of Basically this bill limits the rights of people with a Victoria’s most vulnerable people, many of whom are disability to appeal to the Victorian Civil and already relying on financial support from family Administrative Tribunal (VCAT) about increases in members just to make ends meet. The opposition their residential rent or charges. It limits those rights. It believes the minister and the Premier should delay the is fair to ask why on earth any government in what passage of this bill until such time as the government should be this enlightened day and age would put these has fully consulted residents and their families about its sorts of restrictions on people who need and who really future plans for fees and Department of Human deserve rights — like anybody does. It beggars belief Services disability accommodation. I want to put this as that this legislation is here. I have listened to the a reasoned plea for consideration. We do not have to contributions to the debate of quite a few members argue the toss about every issue. We do not have to be from the government side of the house. They deny it, politically inflamed. As I say, it goes with the tenor of they dance around it, they tinker at the edges and try to what we have been able to achieve within this move away from the core proposition in this bill, which Parliament. There does not have to be a headbutting is that people with a disability should have their rights argument every time or an arm wrestle. We can actually to appeal to VCAT against their rent rises limited. work through it and just say that we have to be careful Members opposite dance around that and play at the of unintended consequences. edges. They do anything but address that basic, core right that I believe those people should have. That core I therefore argue that what Labor is saying and what my right is being limited through the bill that has been constituents are reporting to me about their lived thrust upon them and thrust into this Parliament. That experience is of real concern. It is a genuine day-to-day simply is not good enough. living proposition. As I say, they are organising petitions. They want me to stand in Parliament and Whether or not you have a disability or whether or not argue their case. We have had a range of different you are in state care, you should have a right to go to debates on this matter. I am trying to make the case on VCAT. That right should not be supplanted by the facts of the matter, on the reality of the lived legislation and a government that does not seem to care experience of the people who are trying to make their about that. It is quite shameful. Some of the way and live a better life. That fits with decades of contributions of members opposite were quite shameful progressive policy by Victorian governments. With that in that those members were not prepared to address the in mind, I am asking the government to consider the issue of these people’s basic human rights. We are reasoned amendment — we are not asking for much talking about people who often do not have a lot of here, just a reconsideration — to take up Labor’s money. They are not weighed down by silver spoons, proposition, and to do so in the best interests of not only full pockets or fat wallets, like some of those opposite the people of Broadmeadows but also the people of the who have never known real hardship but who like to state of Victoria. come into this place and preach to others. People have no idea how life can be when you are on a basic Mr HERBERT (Eltham) — I am pleased to speak pension, when you do not get a lot of money and when in the debate on the Disability Amendment Bill 2013, you need a bit of extra cash. People who have never and particularly to add my support to the reasoned had hardship in their lives have had the nerve and gall amendment moved by the member for Yan Yean, but to get up here and spout their wisdom! quite frankly it is sad that we are debating such a miserly approach to people with disabilities as we see Honourable members interjecting. in this legislation. If the bill is passed, there is no doubt in my mind whatsoever that these measures will cause Mr HERBERT — The contribution to the debate of undue hardship for those who can least afford it and the member for Burwood was a disgrace. I note he is those who least deserve it. They are people who already not in his seat, Acting Speaker, but that was a have a lot of hardship in their day-to-day lives. They disgraceful contribution. It will go down in the annals have to struggle and fight on a daily basis for the sorts as one of the most appalling and heartless speeches of things that many of us accept as the standard way of made in this place. things. People who just want a bit of dignity, a decent Basically this legislation simply is not good enough in life, a bit of extra in their pocket and a bit of extra care what it seeks to do. I will go directly to some of those are being put under one of the most appalling, stingy, things. As I say, members opposite danced around it,

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but it is really clear: this bill comes into this place in society have concerning their homes that people with because the government was done, was beaten by the disabilities also want, and for some of those to be successful bid of residents, carers and guardians to have simply snatched away from them is absolutely their objection to the massive — more than 50 per cent shameful. accommodation fee rise — heard by VCAT. The government was done. It got done in a fair and The government had quite a few options rather than independent tribunal, so it is trying to slip its legislation going through with this sort of legislation, but it did not in here. We understand there is a need for balance here. seem to want to proceed with them. Undoubtedly cost We understand that the providers need to get enough of living pressures are escalating in this state under this money to keep going and provide services. But those government. Utility fees and rates are going up. There who are the most vulnerable also need protection and are all sorts of things that this government could do to need to have a right to go to a fair and independent address cost pressures on providers of residential care court to have matters that concern them dealt with. That accommodation, rather than simply saying, ‘We are not is what this bill cuts out. going to do any work to cut down the cost of living rises or the cost pressures on providers. We are simply If it is passed, this bill will mean that increases that are going to legislate so that those who have to pay the rent limited to CPI and are below a certain threshold cannot do not have any recourse through VCAT’. That is be challenged at VCAT. The results of the VCAT simply not fair. It is not our way and we do not believe directions hearing on the planned Department of that is the way to go. Human Services fee hikes meant that there was little certainty for providers in raising rents even in line with Honourable members interjecting. the CPI. We understand that. But clause 4 inserts new section 72A, which permits a one-off cash grab. It Mr HERBERT — It is unbelievable that those opposite who are chanting away think this reasoned allows providers moving from a charge linked only to the disability support pension (DSP) to one linked to amendment is unreasonable. What is the reasoned DSP and commonwealth rent assistance (CRA) to raise amendment that we put? It is very simply that: their fees without any action being possible at VCAT. It … this house refuses to read this bill a second time until the is estimated that this could mean up to $3000 extra in government has completed a review into disability rent annually, and it cannot be appealed at VCAT. That accommodation fees and charges, following appropriate is disgraceful. More than that, providers who do not consultation with residents, carers, families and other stakeholders. charge the maximum 75 per cent of DSP plus 100 per cent of CRA are permitted fee hikes of up to 20 per We are simply asking for the rights of the vulnerable to cent without any fear of people going to VCAT to be protected. Let parents, families, providers and carers challenge it. What is the rationale for this? If the have a say about these measures and talk about the government believes in it, why cannot people go to pressures and what could be done to reduce them. Do VCAT to challenge it? It is an appalling curtailment of not simply come to this place with legislation to strip people’s rights. away the rights of people with disabilities. They are the people who can least afford to have those rights The truth is that this is a miserly bill that seeks to stripped from them and they deserve better from any legislate away people’s ability to go to VCAT to government — even this scurrilous government challenge fee hikes. We believe in a much better opposite. process, as do many people in my electorate. There is a great institution in my electorate called the Araluen Ms NEVILLE (Bellarine) — I rise to make a Centre which provides supported accommodation. I contribution on the Disability Amendment Bill 2013 have visited Araluen many times. In fact it has an art and also to support the reasoned amendment that has show coming up at Cambridge Studio Gallery within been moved by the member for Yan Yean. It is a very the next couple of weeks. The people who live at reasonable amendment that is basically about ensuring Araluen love it. It is their home. That is what never that people with a disability who will be affected by comes through in any of this sort of mealy-mouthed these changes get an opportunity to participate in the legislation or in words from the minister or those review of accommodation, fees and charges that is opposite: this is where they live, and they love it. They going on at the State Services Authority and also to are looked after well, and they have a whole range of have a say about the provisions in this bill. That is not things, which costs money, but they want a bit of an unreasonable request from people with a disability. dignity and rights over their home, like everybody else. They want rights in relation to their rent and how they I know that the Victorian Advocacy League for People are treated. There is a whole range of rights that people with Disability Inc. — which is a fantastic organisation

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and a very strong voice for people with a disability — previously in large institutions. The closure of Kew is extremely concerned about this bill and has asked for Cottages was an example of what happened in the it not to be passed until that consultation occurs. What process of deinstitutionalisation; as people were moved is unreasonable about that? It must be put in the context out of that institution new facilities were built as part of of decades of fighting for an opportunity for people the deal with those who lived in the accommodation with a disability to have a real voice, to be treated and their families. There is a group of people who spent equally, to be able to access community activities and a large part of their lives in large-scale institutions. to participate as equal members of our community. With the advent of community-based facilities many They are people who for many years spent time in people went and lived back in the community, but for institutions and whose voices were not heard. Here we those who needed the level of care provided by have from this government a bill that once again is supported accommodation services, part of the deal was ignoring the voices of people with a disability. that they would be of a certain quality, government run and spread throughout the community. We saw this when the government attempted to bring in some extraordinary fee increases of more than 50 per The drive behind deinstitutionalisation was a cent for residents in disability accommodation run by recognition of the rights and abilities of people with a the Department of Human Services (DHS). That of disability, including the right to have a strong voice in course led to huge anxiety for people with disabilities our community, but also the desire to ensure that people and their families, and I am not sure if the government with a disability had access to the community, like the was surprised by that. These people were not willing to rest of us. Deinstitutionalisation has in large part sit back. They said, ‘We deserve a voice. We deserve to transformed many people’s lives. Over the years I have be treated equally’. These fee increase would have met many people who spent years and years, decades in impacted enormously on the quality of life of people some cases, in institutions and whose lives were with a disability. It was a cash grab. It was an attempt to completed transformed by the process of raise millions of dollars from some of the most deinstitutionalisation. vulnerable people in our community. The government argued that it was fair and it was about trying to bring How does this relate to the bill before us? It is relevant DHS accommodation costs into line with in a number of ways. This is a bill on which people non-government sector providers; however, there was with a disability have had no say, no voice and no nothing fair about it. consultation, which flies in the face of our commitment through state plans to give an equal voice to people Being a former minister I know the non-government with a disability. The bill impacts on people with a sector was keen to see the transfer of DHS-run disability and their lives, yet there was no real accommodation into the non-government sector. I am consultation. pretty sure that underlying the government’s attempt to increase the fees in line with the non-government sector Secondly, the bill takes away from people with a was a secret agenda to then be able to transfer that disability a right that the rest of us have. Those of us accommodation over to the non-government sector and who are tenants have the ability to go to the Victorian perhaps also to private providers. Civil and Administrative Tribunal (VCAT) to challenge rent increases. We are removing from people with a Given that over the long term we are going to face disability who live in supported accommodation a right some issues around capacity in delivering these sorts of that exists for the rest of us in the community. This flies services, with the establishment of the national in the face of decades of moving towards giving equal disability insurance scheme and the need to build a rights to people with a disability. stronger workforce, we may have seen some private providers come into the market as well. That agenda Despite the government’s claim that this bill is just would have been successful had the government not about preventing people from challenging CPI rent ultimately backed down, which was really thanks to the increases, the bill goes beyond that. If you look at the strong voice of people with a disability and their detail of the bill, you see that in some cases it will families. They were not going to lie down and take that enable providers to increase rents by up to or around sort of fee increase, because they understood the impact 30 per cent without the tenant or their family having it would have on the day-to-day lives of thousands of recourse to VCAT. We know people with a disability people with a disability. largely survive on a disability support pension. It is not very much money. Their ability to participate in our It is important to note that lots of the people in community — their ability to go to the movies, have a DHS-run accommodation are people who were cup of coffee or go out for a meal, the things that we all

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take for granted — is very much dependent on their The government was shamed into backing down on its disposable income. The less disposable income people plans to impose significant rent increases on people with a disability have, the less they have the ability to with disabilities in state-run accommodation. A petition participate in our community. Again this is flying in the seeking a reversal of the policy was tabled in this face of decades of trying to move towards equal rights Parliament with some 6500 signatures. The government and give people with a disability a real voice and the was determined to pursue a $44 million cost saving by ability to participate in our community. jacking up these fees on the most vulnerable Victorians, but it failed. Kevin Stone is the chief executive of the This bill is not fair. It is unfair because it treats people Victorian Advocacy League for Individuals with with a disability differently to other people in our Disability Inc. (VALID). I know Kevin personally, and community who pay rent in terms of their ability to go I had worked with him when I was working for to VCAT to challenge rent increases. It is also unfair community services ministers in the previous Labor because the people affected have not had the government. He is a tireless advocate and campaigner opportunity to have a say. People felt they were going for the rights and interests of people with disabilities, as to have a say as part of the review the government has well as being a great watchdog who keeps an eye on set up with the State Services Authority, but this bill has governments of all political persuasions. Kevin is now set a minimum standard, and who knows what will quoted in the same article as saying that the planned fee come out of the review. The voices of people with a hike was ‘grossly unfair, deeply unjust and poorly disability have been excluded through this bill. They constructed’ and that ‘People with disabilities deserved will now also have difficulty feeling they can better than this’. participate in a meaningful way in the review that the State Services Authority is undertaking. The government failed to push through the increases because the families of people with disabilities living in It would be appropriate and in line with the state-run care got organised and took these matters to commitment that we all have — or that I hope we all VCAT. The government backed off. How is that have — to equal rights and equal treatment for people relevant to why we are here today? If you look online, with a disability for the government to delay this bill you can find a clip from ABC News of 6 September, in until that review has occurred and until real which Deb Johnson talks to journalist Frances Bell consultation has been undertaken with people with a about the government’s backdown on its plan to disability, their families and relevant stakeholders. I increase the percentage of income charged for rent in encourage the government to think about this bill, state-run accommodation from 50 per cent to 75 per because it is unfair and it undermines the rights of cent. She said, ‘I was just ecstatic … I have been nearly people with a disability in Victoria. in tears with the relief of it all’.

Mr CARBINES (Ivanhoe) — I am pleased to make Deb is a mother of four and has two adult children with a contribution to debate on the Disability Amendment multiple disabilities living in government-supported Bill 2013. I would like to pick up on the contributions care. She was obviously concerned that from December of several of my colleagues on this side of the house, in the government was intending to jack up the rent and particular about what has motivated the government to take 75 per cent — up from 50 per cent — of the bring this bill before the house. We do know that the disability support pension (DSP), which is just over government recently had to back down from its earlier $19 000 a year, from people with disabilities who live plans to increase accommodation fees for people with in state-run accommodation. Referring to the fight at disabilities, which was touched on in an Age article of VCAT and the government backdown, journalist 6 September titled ‘Relief for disabled as Napthine Frances Bell said: government drops big rent hike’. The article states: But the disability services minister isn’t giving up altogether. The Napthine government has backed down from plans to She maintains residential fees for state-run disability care impose massive rent increases on people living in state-run should be brought in line with fees in the community and disability care after thousands of Victorians with disabilities private sector and is now considering legislative change to launched a class action legal challenge. enact the increase. This goes to the heart of why we are here debating this There is the rub. It is what brings us to this Parliament bill. The article continues: to consider this amendment bill. I reiterate that point that was made in the ABC News clip: Representing more than 2000 residents with disabilities at an initial hearing last week, Villamanta Disability Rights Legal … the disability services minister isn’t giving up altogether. Service was given the green light to begin legal action against She maintains residential fees for state-run disability care the government. should be brought in line with fees in the community and

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private sector and is now considering legislative change to I will quote from a letter to the editor in the Gippsland enact the increase. Times from a woman who wrote about her youngest Now here we are with a Disability Amendment Bill of brother, who has autism and has lived in government six clauses, and the first clause of that bill states: accommodation for nearly 20 years. The letter is titled ‘Call for fair go for those with disabilities’, and in it the The purpose of this act is to amend the Disability Act 2006 in woman explains the difficulties that she has struggled relation to the review by VCAT of a decision of a disability with and her relief when the changes that were first service provider to issue a notice of a proposed increase in a proposed by the government and the Minister for residential charge. Community Services were defeated. As was pointed out, the government backed down on its earlier proposal. It had no mandate to increase from In the letter to the editor she went on to say: 50 to 75 per cent the amount to be taken from these These proposed increases would have seriously diminished vulnerable people’s DSPs, but just as was reported on our loved ones’ quality of life and provided no transparency ABC News in September, the minister went back to the or accountability on the part of DHS. drawing board to try to get the same outcome by legislative change — to try to skin a cat in another She also said: way — and here we are. In record time this People with disabilities and their administrators were advised government — — these residential increases would fund other people with disabilities waiting to enter the disability sector ‘to take from Mr Nardella — Record time! the vulnerable to give to the vulnerable’.

Mr CARBINES — In record time this government There is a Liberal philosophy for you that is being came back to this house to attempt to implement an rejected by the community time and again. That was arrangement which has had significant opposition. from an article in the Gippsland Times & Maffra Victorians never voted on these matters; they never Spectator of 17 September 2013. gave this government a mandate to persecute these vulnerable people in our community who are on fixed I go back to the ABC news report of 7 September 2013 incomes and who rely on state care. As Kevin Stone and what was pointed out by Deb Johnson. As I said, said, people with disabilities and the families who care she is a mother of four adult children, two of whom for them deserve better. have multiple disabilities. The family is living in state accommodation to assist with the children’s care and Now we find ourselves with a bill which amends support and in managing their multiple disabilities. section 72 of the Disability Act 2006 as follows, After it was pointed out, mooted and predicted by the according to the explanatory memorandum in relation ABC journalist, Frances Bell, that the government was to clause 3: going to pursue legislative change to enact these increases and that ‘Deb Johnson says the government Subclause (3) substitutes section 72(5) with new subsections will have another fight on its hands’, Deb Johnson said: (5) and (6). New section 72(5) provides that certain sections of the Victorian Civil and Administrative Tribunal Act 1998 This wouldn’t work for me. It is just being cruel and do not apply in relation to a proceeding for review of a heartless. I can’t understand how anybody can do it. decision to issue a notice of a proposed increase in a residential charge. Well we have a Napthine Liberal government that does not want to try to do it just once but is prepared to come The government is again trying desperately to stifle in here and try to do it twice. The opposition will stand people power — the organised work of 6500 people firmly with people with disabilities and their families who opposed the government’s changes around fee and with those people who over many years have increases. The backlash from the Victorian community shown great fortitude and love and support for their forced the government to abandon its persecution of family members. Often they are people who are tired of vulnerable people with disabilities. Now it has decided dealing with governments, bureaucracies and to bring legislation into this house to enact what it was departments that are always seeking to cut corners and unable to do by stealth because of the people power diminish their rights and their access to government backlash in the community. It was caught out and resources, support and funding. This is no different to thinks it can come back into this house and bludgeon what we were dealing with some months ago that this the Labor Party into supporting those changes. We will minister was forced to back down on. The government not be supporting those changes. We vigorously oppose has no mandate for these changes. It thinks it can what the government has brought before this house. pursue them through legislative change. We are awake

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to that, the community of Victoria is awake to it, and accommodation and mention a lot of her own family we will defeat it. members. We need to remember in this debate, which has been driven largely by figures and formulas and Mr BROOKS (Bundoora) — It gives me great VCAT hearings, that we are talking about real pleasure to make a contribution on this important people — in many cases vulnerable people and their debate. families — and the concerns they have about basic, simple aspects of being able to enjoy life and their Mr Weller interjected. quality of life. They are people whose day programs are Mr BROOKS — My health is quite good, thank important, and it is important that they are able to you — through you, Acting Speaker, to the member for manage the cost of those programs. Rodney. Rumours of my demise have been much Prior to the government withdrawing the previous overstated. This is a very important and serious bill and proposal, one of the constituents in my area pointed out one to which the opposition has moved a reasoned their concern that their son, who has a disability and amendment. I wish to speak in support of the reasoned who lives in supported accommodation, because of the amendment to the bill moved by the member for Yan extra charges would not have been able to enjoy some Yean. of the simple things he was able to do during the day, There are a number of ways you could describe what such as go to the movies and those sorts of things that this bill seeks to achieve. You would not describe it as a he has always spent his leftover spending money on. ‘New disability accommodation charge to provide These sorts of fee increases have a really serious impact simplicity, more transparency, greater certainty’, which on people’s lives. We as a Parliament have a is exactly how the minister announced this via a media responsibility to ensure that these people are not release of 29 October 2013. I remember prior to the last adversely affected and that we deal with them fairly and election sitting on the other side of this place and being treat them with the integrity they deserve. told over and over again by members of the then A few months ago we had the launch of the national opposition, now the government, that our government disability insurance scheme, or DisabilityCare at that point was addicted to spin and had more spin Australia. The Victorian government spoke positively than substance. Well this is spin in overdrive. about its approach to people who live with a disability There are probably two ways I could describe what this and trumpeted its involvement in the securing of that bill does. One way is that this has been a monumental scheme, and particularly its headquarters in Geelong. stuff-up by the government for obvious reasons, one But it is really when these sorts of important issues being to attempt to introduce a charge. We have heard come up around funding and the costs that people face speakers talk about the history of this, including the and what support they are provided with in their living appeal to the Victorian Civil and Administrative arrangements, when the rubber hits the road, that we Tribunal (VCAT) and the back down by the test the rhetoric against the reality. What we have seen government. If the government wanted to provide through the previous proposal put forward by the certainty to disability accommodation providers, it has government, and again by this bill, is that this stuffed that up because it has not been able to provide government is sneaky when it comes to these matters that and is ambling through this process. The other way and will try to effectively rip off some of the most I could describe this is less charitable, and I am sad to vulnerable people in our community to prop up its say that it is the way I see this particular move by this budget bottom line. government. I differ from my friend the member for This has of course been dismissed by speakers on the Broadmeadows, who spoke earlier this evening seeking other side of the house — it might have even been by bipartisanship and to appeal to the better nature of you, Acting Speaker, when you were sitting in another government members about how this bill should be seat — as partisan political posturing of those on this either withdrawn or redrafted and changed. I have to side of the house acting as we would as an opposition. disagree with that approach. I think this bill But that argument does not hold in this particular case, demonstrates that the government has no intention of because just a few days after the media release was dealing with people who have a disability honestly, issued by the minister on this proposal — as I said, fairly and with integrity. described by the minister as ‘New disability It was great earlier this evening to listen to the member accommodation charge to provide simplicity, more for Mill Park speak so passionately about the impact of transparency, greater certainty’ — one of the peak fee hikes on people who live in supported advocacy bodies for people living with disabilities, the Victorian Advocacy League for Individuals with

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Disability Inc. (VALID), and Villamanta Disability sensible and fairer way to go and a better way to treat Rights Legal Service came out and slammed the people with a disability. changes in a media release of 11 November 2013 entitled ‘Once bitten’, which is an obvious reference to Mr NARDELLA (Melton) — I support the the previous cash grab by this government. reasoned amendment moved by the honourable member for Yan Yean. I cannot understand why this That media release sets out the views of many people government wants to continually attack vulnerable who are impacted by disability about the level of people. Despite all the protestations and all the speeches distrust that people have for this government and their from honourable members on the other side of the concerns about the way this set of arrangements has house, not one of them showed that they understood or been arrived at and not been thoroughly thought cared about the people this legislation will actually through. The media release, which I might come back affect. Even when they did talk about them, most of the to, goes straight to the heart of the reasoned amendment time they got their facts wrong. I will give members a that has been moved by the member for Yan Yean and prime example. is the reason this side of the house will support it. We think it is important that the review the government has The honourable member for Morwell, who is in the commissioned — and I think is being undertaken by the chair at the moment, claimed there was a maximum of State Services Authority — of the board and lodgings about 1400 people who would be affected by this fee structure, which is due early in the new year, legislation. There were 1400 people, he said, and the involves proper community consultation and adequate opposition was wrong. However, if we look at the press modelling. release put out by the Minister for Disability Services and Reform on 29 October 2013, we see that she stated We think it is important that that be allowed to occur, there were 2100 people affected by this legislative and that the decisions the government is proposing be change. Honourable members on the other side of the made in the Parliament this week be based on the house cannot even get their statistics right. They cannot consultation that will be undertaken as part of that even read their own bill books, because they do not care review. We think it is important that people who live about the people this legislation affects. If they did, if with a disability have the opportunity to have their say they had a heart, if they had any semblance of to an independent body like the State Services understanding of what these people with a disability Authority and that we are able to consider the fully were going through or what their families were going informed, well thought through recommendations of through, they would be supporting the opposition’s that body. reasoned amendment. But no, they do not understand, and they do not care. They cannot even get their When we make a decision and exercise our legislative statistics right. They do not even know the number of authority in this place on this important matter we want people this legislation affects. to be confident that people have been consulted and that people who are expert in these areas have been What do they say? They say, ‘Phone me, phone me involved in the drafting of a framework that is fair and now, get on the 1800 number’. What is the number? It reasonable for the people we are talking about. Instead is ‘1800 fee increases rort’. That is what you phone. Or we are being presented with a very hastily put together you can email. You can get on the email at cash grab to ensure that the government is able to move www.ripmoneyoutof mypocket.vic.gov.au. That is on quickly after its embarrassing backdown before what you can do if you are disabled and are affected by VCAT just before the last federal election. this legislation. You can get on the email and talk to the minister, who is not listening, who did not listen, who I will conclude by saying that this side of the house will was taken to the Victorian Civil and Administrative always stand up for the rights of people who have Tribunal (VCAT) by vulnerable people and withdrew disabilities. We are very cognisant of the concerns that from the VCAT proceedings because she knew she was families have about their children, sometimes adult going to lose and she knew that she and her government children, living in accommodation. We will ensure that were doing the wrong thing by people with a disability we consult properly, we are not rushed into a vote and who are living in residential services. She knew that she we are not rushed into supporting a dodgy bill like the was on the wrong horse, that she was affecting some of one that has been presented to this house that seeks to the most vulnerable people in our community and she rip people off. This side of the house, the members of withdrew. That is why she has brought this legislation the Labor Party, will be supporting the member for Yan back into the house. Yean’s reasoned amendment because we think it is a

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The bill’s statement of compatibility with the charter of minister and I went back to those places with a human rights and responsibilities clearly details this summary of what we believed were the matters, issues when it talks about section 24(1) of the Charter of and items that those involved considered important. We Human Rights and Responsibilities Act 2006, which then developed and adopted a 10-year disability plan. provides for everybody else in our society and our community to take rent increases that affect their cost of That is what a period of consultation is about, and that living to an independent umpire, to somebody who can is what this government does not understand. If you judge independently of the government and this undertake that consultation — if you sit down and talk minister, who has her hand in their pockets. Everybody to the people involved, their families, the carers and the else can take those increases to an independent body organisations — you actually get a better outcome. You such as VCAT or another body, but what does this get an outcome that people can agree with and a base legislation say and what does it mean? As is stated in that people can accept. This is unlike what occurs with the statement of compatibility, it means that people the process that the government has undertaken, which with a disability are not able to do that. They are in a is that the government creates the legislation and then special category. They should not have an independent goes out and consults with the disability community umpire, because this minister and this government does about what the fee structure should be. That is wrong. not care about them and wants to take away those rights from them. Unfortunately the Liberal Party and The Nationals have form on this. I remember in the 1990s rents for public Honourable members interjecting. housing tenants increasing from 25 per cent to 30 per cent. This is what this type of legislation and this Mr NARDELLA — That is in the statement of government are all about: increasing fees. If the fee compatibility. increases went back into residential support services and facilities, disabled people might think, ‘The Sitting suspended 6.30 p.m. until 8.01 p.m. government is trying to look after us’ and their families might think, ‘They are trying to expand the services’. Mr NARDELLA — I want to talk about the press Unfortunately, this money will go to an $8 billion dud release of 29 October 2013 from the Minister for tunnel to service the eastern suburbs. That is where this Disability Services and Reform. In the media release legislation is wrong. the minister said there would be a review of residential fees and support accommodation in order to create a The opposition’s reasoned amendment is about fair and equitable fee structure, and she discussed the consultation with residents, carers, families and other issues involved in this review. That is what we want. stakeholders. I support the reasoned amendment on The intention of the opposition’s reasoned amendment behalf of all the residents in my electorate. is to ensure the minister is true to her word and that she undertakes a review and then comes back to this house Mr LANGUILLER (Derrimut) — This is an either with changes to the current bill or new unfortunate piece of legislation. It is another example of legislation, depending on the outcome of that review. the government not listening to and not consulting with That can only occur as a result of genuine consultation the people who matter. The people who matter first and before the bill goes through this house. foremost are people with disabilities. The other people who matter are those in the disability sector: the carers I will give you an example of genuine consultation. and the families. One thing we know for certain on this When we first came to government in 1999, the side of the house is that the government has not Honourable Christine Campbell was the Minister for properly consulted. Community Services. We discovered that the 10-year disability plan had not been updated for a number of The government lost in a legal tribunal, so it is trying to years. The act was initially passed in the 1980s. It was do away with that decision and repeal it by way of usually updated every 10 years, but the Kennett rushing legislation through this Parliament. In my government, as was its wont, did not wish to consult judgement it will go down as one of the poorest, worst with disabled people and their families, and therefore it and most unfortunate political judgements this did not update the disability plan. We talked to disabled government has made, because if there were one people, to their families and carers and to organisations reasonable, proper measure of democracy that we over an extended period of time during the year 2000. I should continually try to uphold in a community and remember that on behalf of the Honourable Christine society, it should be to look after the most vulnerable in Campbell I went to Mildura, Echuca and a dignified and respectful way, recognising that people Broadmeadows. Then after the initial consultation the have equal rights.

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This government has forgotten that there is a talk to the non-government organisations — for profit convention that protects the human rights of people and not-for-profit — talk to those who represent people with disabilities. This government forgets that there was in CRUs and then make a considered and balanced legislation enacted in this very Parliament which was recommendation? This is about raising rent. This is the outcome of many years of consultation. As the about standardising up so that at some point in time the member for Melton articulated very well, that government can get rid of the CRUs and send them off consultation came about when the member for Pascoe to the not-for-profit or for-profit sectors. Vale was Minister for Community Services. She was followed by many other good ministers, including Let me tell members one thing I know reasonably well. Sherryl Garbutt, the member for Bellarine and others. It has taken a long time to get this right. It took many We fundamentally got it right because we talked to years in partnership with the sector and with people people; we went out there and consulted them. What with disabilities. People with disabilities want to be happened with this legislation is that residents of a treated equally, and we got it right. We got it right in particular section of the community — in this case, terms of tenancy rights. People with disabilities want to tenants of community residential units (CRUs) — went be treated with dignity. They want to be given to the Victorian Civil and Administrative Tribunal opportunities. They want to be consulted about equal (VCAT) and managed to knock off, to put it bluntly, opportunity before the law and be given it. and reject an outrageous attempt on the part of the Under this government these tenants will be ‘unusual’ government to raise their rents. Now the government wants to do this in the Parliament. tenants; they will be ‘different’ tenants. We are going back to discrimination and exclusion. We are going I challenge members of the government to stand up and back to treating people with disabilities in a different name one sector of the community which has way in terms of tenancy rights. Can we name one group different — separate or unusual — rights and is treated of tenants of any type, private or public, that would in this way. By way of this legislation the government have their appeal rights removed and not have an is removing the appeal rights of tenants. From which opportunity to appeal to VCAT? Why would that be? other tenants in Victoria would it be possible to remove The government can get stuck into people with the right to appeal to VCAT? Why would we do that to disabilities, but this issue will come back to haunt the the most vulnerable in the community? Could anyone government. This is a shameful act, and I call it what it name one sector of the community in any other is. jurisdiction to which that could be done? I am not legally trained, but I know enough about individual The Minister for Disability Services and Reform, who I rights to know that is wrong. In which jurisdiction have used to think — and I have said this before — had a bit of heart, has now bought another story, whether it came we removed from a certain sector of the community the right to appeal — not necessarily so the members of from Treasury or elsewhere. This is about doing away that sector can have it their way but simply so that if with the disability sector, putting it into the private they are not happy with the decisions made by the sector — for-profit or not-for-profit — and not taking government of the time, they can appeal? In all responsibility. This government will always be blamed jurisdictions, even criminals have the right to appeal. In for whatever goes wrong in this sector. this case the government has come into this chamber — I will read an interesting media release from the having been unable to win its case judicially in a court minister. It is headed ‘New disability accommodation of law or at VCAT — wanting to do have its way. It is charge to provide simplicity, more transparency, greater wrong. certainty’. Fair enough. I will go into this section for a Mrs Bauer — It was under your government. second, if I may. This is the simplicity the minister is proposing and advancing to the community. The new Mr LANGUILLER — I will not answer that formula is: interjection, but I can tell you one thing — — ((PC-C1) × (D1 ÷ D2)) + C2 Mrs Bauer — Because it’s true. It allows increases of CPI plus any balance of the commonwealth rent assistance. This is a joke. Talk Mr LANGUILLER — No, it is not true. The about simplicity, especially in this sector! I condemn government brings legislation into the chamber and this measure. It is a shameful one. The government will concurrently proposes to review what it is proposing to find this really hard to explain to a sector that makes do. Why would it not undertake the review, talk to important contributions in this community and has everybody in the sector, talk to people with disabilities, fought hard to get where it is. As a tenant you should be

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regarded as equal to every other tenant in the state. This a bill which restricts the specific rights of the disabled legislation removes that. It will mean in effect that in a way that does not apply to other members of the people with disabilities who are tenants will have community. To be honest, I did not think I would see different rights — separate rights. I do not know of any such legislation in this Parliament. I did not think I other group in the tenancy sector that has had their would see introduced legislation which would result in appeal rights removed in the manner in which this a lessening of the rights of those who are disabled government is doing that to people with disabilities. compared with the rest of the community. This is a matter of deep regret for me. Some of my constituents Needless to say, there are very good organisations that will be aware of this bill, but if people were made have done it tough and done the hard yards and heavy aware of the bill more broadly, I am sure they would be lifting in this sector for a long time. As the Victorian horrified to know that there is a piece of legislation Advocacy League for Individuals with Disability Inc. before the Victorian Parliament that specifically limits and Lifestyle Solutions and others have said, consult the rights of a class of persons who we know, by the first. What is so unreasonable about that? Do the review nature of the accommodation which is being discussed, first. Consult with the sector. Sit at the round table and are disabled. work out a reasonable, humane, dignified formula, if there is one, but do not treat people not only differently That is the reason I strongly support the reasoned but pejoratively and disrespectfully by removing rights amendment, which asks that the bill be delayed until and taking away from them what they have had upheld after the state government has completed its planned in a tribunal of law. This is unusual, to say the least. review into the board and lodging fee structure, complete with full community consultation and proper I believe everyone in this house should reject this modelling, which I understand is due in early 2014. It is measure and reject it outright. Government members not as if we on this side of the house do not believe should reflect on what they are currently doing in this there can be legislation in this area. But it is critical that house, which is treating people with disabilities in a that legislation involve full community consultation and different way, as they were treated in the past. We have a proper process, if the Parliament of Victoria is going come a long way in this community. We should reject to restrict the right of members of the community to this outright. access justice — and rents go to economic justice. Let us not restrict justice to narrow criminal matters. Justice Mr SCOTT (Preston) — It causes me some sadness is not just about the crimes committed in society; it is to rise to speak on the Disability Amendment Bill 2013 about access to redress in tribunals. And the Victorian because, as the previous speaker, the member for Civil and Administrative Tribunal (VCAT) plays a very Derrimut, was strongly and passionately arguing, it is critical role in our community in ensuring that there are sad to have a bill in the house that restricts the rights of fairer rents than there would otherwise be. It is a critical the disabled and creates a different system of rights for role, and I have been present at VCAT hearings with different members of the community. people from my constituency related to their rents. It is The member for Melton previously alluded to the work a very significant matter for these persons and their that was done by the member for Pascoe Vale when she families. It is in fact quite distressing to see a bill which was a minister in the previous government. I was restricts those rights, because I know how important actually having a discussion in a different context with matters relating to rents are to persons in the that member about a guiding principle in her career, community. which was to treat all persons with dignity and respect, If members look at the bill, they will see that at first and a dignity and respect that is inherently equal. I think glance clause 1 appears to be relatively innocuous. It that has been a characteristic of her career, and I would states the purpose of the bill, which is to amend the hope that it has been a guiding light for many persons Disability Act 2006 in relation to VCAT review of a on all sides of this house. But, sadly, I think this is a decision of a disability service provider to issue a notice misguided piece of legislation. This is a piece of of a proposed increase in a residential charge. It further legislation that, as has previously been said, will create states that VCAT’s power when reviewing a decision is a system unlike what has been the thrust of legislation limited only if the proposed increase reflects the cost of in the area of disability over a very significant period of living percentage increase to the disability support time. pension or the amount of commonwealth rent There has been a real watershed, in which we have seen assistance. The second part of that sentence is very persons who are disabled being accorded fewer rights. important, because it is not simply a percentage It causes me great sadness to be in this house and to see increase or the full amount of commonwealth rent assistance.

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It is my understanding from the information that has modelling and genuine community consultation. I been provided to the opposition that this is not just would hope — though I am not very optimistic — that simple indexing but that under these provisions rents the government will take action on this, take up our can rise by a very significant amount of money without reasoned amendment and ensure that such a process is there being appeal rights. It goes much further than undertaken. merely exempting CPI increases. In effect, a one-off cash grab is available that is equal to the relative A further aspect of this bill which I find somewhat amount of commonwealth rent assistance, where disturbing is that the context in which it has arisen is a providers move from charging an indexed amount successful action by residents, carers and guardians to related to the disability support pension to one which have a case against the recent 50-plus per cent includes the disability support pension and accommodation fee hike heard at VCAT. That is the commonwealth rent assistance. context for this legislation. There has been other legislation — and in fact the recent WorkCover I understand the government has made assertions that legislation did this — which has in many ways sought this will not have much impact because residents have to pre-empt the proper functioning of the courts, and in not previously been claiming the commonwealth rent my view parliaments should be very reticent to do that. assistance payment, which is made available through There are circumstances where that must occur, but it Centrelink, and many thousands — in fact, I would should only be in very limited circumstances that the suspect, hundreds of thousands — of Victorians access Parliament seeks to intervene in order to pre-empt the commonwealth rent assistance beyond those who are exercising of the rights of individuals through the disabled. The information provided to the opposition is tribunals. It is like playing a game and people moving that there are currently residents who receive forward within the game and then the rules being commonwealth rent assistance, and therefore this is a changed midway through because you think you might significant cash grab. lose. That is not how the Parliament normally operates. It is available in certain circumstances, but those I am very concerned by this matter, and I am sure that parliamentary rights should be used very sparingly. many constituents of mine would be concerned too. To take up the issue raised by the member for Derrimut, The people who went to VCAT had every right to this goes to the heart of whether we treat people equally expect that when they won the right to have their case in this society, and whether people have intrinsic access heard, it would be heard and that the Parliament would to the same rights that other people have. When we not intervene in order to usurp and quash their rights. limit such rights, we should do so very sparingly and in As parliamentarians we must be very careful in how we a context where there has been proper consultation with seek to usurp the role of the judiciary, and VCAT is of affected communities. course a very important part of the judiciary. We must ensure that people are fairly able to access their rights. We on this side of house do not believe this consultation has occurred. We believe that the We are not talking, as we often have, about the rights of appropriate thing to do — and this goes to the people who have committed serious crimes, and there substance of the reasoned amendment — is to ensure have been times when those rights have been lessened that this bill is delayed, and that the Parliament does not when dealing with very serious crimes. We are talking discuss this bill at this point in time. That is not because about the disabled, their families and their guardians, we do not believe it is appropriate that the Parliament and we should consider this bill carefully once we have deal with legislation relating to rents of disabled had a proper consultation process. Therefore I support persons. It goes to the heart of the notion that those the very sensible reasoned amendment before the changes should be reflective of a proper process of house. consultation that accords all people the dignity and respect that, as I mentioned earlier, guided the career of Ms DUNCAN (Macedon) — I rise to speak on the the member for Pascoe Vale when she was a minister Disability Amendment Bill 2013. A number of and in her work throughout the Parliament. It goes to opposition speakers have outlined what it is about the the issues of dignity and respect, and I believe this is bill that the opposition finds so offensive. Just a cursory not an unreasonable thing for us to be asking the look at the bill shows it to be the most extraordinary government to do. I think this would be a very looking bill that I have read in my 14 years in the reasonable step for the government to take. Parliament. I question the government’s haste in introducing the bill in light of the fact that it is All that we are asking the government to do is to ensure conducting a review of a range of matters, and why it is that there is a consultative process which allows proper introducing it at this time.

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It is impossible not to believe that this is payback for a government to the commonwealth government. It will successful challenge at the Victorian Civil and leave many residents out of pocket. Many of us who Administrative Tribunal (VCAT) when the government represent people with disabilities have had those people tried to introduce this measure previously and was come to speak to us because they are already doing it knocked back by VCAT after it looked at all of the extremely hard. I have also had many people come to matters in the case and determined that this was not the speak to me about their family members, including appropriate way forward. I join with other opposition young and adult children, who are living in supported members to implore the government and the Minister accommodation and for whom every day is a struggle for Disability Services and Reform, who is at the table, not only to make ends meet but also to be able to afford to withdraw the bill and to reconsider it in light of the to do the things that so many of us take for granted. review the government is conducting. We accept that there needs to be certainty for disability There are a number of issues in the bill that I find providers, but we would also say that this needs to be offensive, the most overwhelming one being that if you balanced against the needs of people who are look at the groups of people in the community who the vulnerable, many of whom already rely on family government is seeking to get money out of or who it is support. There are some people with disabilities who seeking to restrict or deny access to in a range of areas, have family support and there are many others who do it is inevitably the most vulnerable in our community. not. I know of many elderly parents who are struggling The people the bill will impact, and we have seen some to continue to subsidise their children just to assist them of the rent rises that will be possible as a result of the to get the sorts of support, aids and assistance that they bill, are the most vulnerable in our community. need to live their lives. We know they are incredibly vulnerable. We believe that the minister and the Those of us who have worked with people with Premier should delay this bill, take it off the table, wait disabilities who live in supported accommodation know for the outcome of the review and consult with the that their cost of living far exceeds our cost of living. I families and the residents, who we know have not been have many people in my electorate, but I am thinking consulted in this case, despite what the minister may about a couple in particular who have quite severe say. disabilities and who basically have to pay for everything in their lives. They have to pay for exercise The shadow minister for disability services has and they have to pay to go out. They need support in proposed a reasoned amendment requesting that this almost every aspect of their lives. To try to get money bill be delayed until after the state government has from them, including the commonwealth rent completed its review of the fee structure that currently assistance, and to increase their rent and also try to take exists for disability accommodation. As part of that, we away various other sources of funding that may be ask that the government do what it says it has already available to them is an absolute outrage, and that is why done, which is to consult with the sector and look at all the opposition opposes the bill. of the modelling that would be applied to this fee structure. The structure of fees is complex, and some of As other speakers have said, this bill seeks to amend the the support services that are provided for people living Disability Act 2006, and as I said earlier, it is hard to in this sort of accommodation are also complex. see the bill as anything other than payback for the successful bid by the residents and their carers, As I said, we do not support the bill in its current form. guardians and families who took their case to VCAT We ask the government to delay this bill to complete after the government attempted to increase rent by more that review and look at its outcome in a considered than 50 per cent in some cases. way. I ask the minister to consider the reasoned amendment proposed by the shadow minister, and I ask If this bill is passed, the government will link rent that she not continue to do what has been done to many increases to CPI but it will also seek to take money other groups in our community, and that is to take from support funds available to people with disabilities. support away from those who have the very least. It is Labor opposes this bill because it believes that people for these reasons that the opposition opposes the bill in with disabilities should be able to live with dignity, its current form. should not be reliant on handouts, should have certainty about what their incomes will be and should be able to Ms THOMSON (Footscray) — I rise to speak in live in secure and high-quality accommodation. opposition to the Disability Amendment Bill 2013. This government gives only lip-service to compassion. This bill represents a grab for money on the part of the When the national disability insurance scheme (NDIS) government and an effort to shift costs from the state was debated, the Victorian government wanted to put

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its hand up and suggest that it was a huge supporter of We need to see proper consultation with the sector and the NDIS, even trying to claim some credit for it. This proper consultation with the people who are affected by is the perfect example of a government that does not this legislation. We also need some guarantees for these really care: it wants to be seen to be doing the right very vulnerable people that the government is actually thing publicly, but it is doing the wrong thing by there to support them. Instead we are seeing that when disadvantaged people in our communities, in this the commonwealth gives them a little bit more money instance people with disabilities — the most vulnerable to help them cope with their lives, the state government people in our community. No-one in our community is is there to take it from them. That is not what this is more vulnerable than people with disabilities who meant to be about. The commonwealth decided to give require support and assistance with income and who more money to these people to help give them a better look to the state to provide them with accommodation. quality of life, not to allow the state government to dig into their pockets just as that money arrives and to pull The other shameful thing about this piece of legislation it out. This government is doing the same thing with is that it has been created in response to these people, public housing. their carers and guardians having gone to the Victorian Civil and Administrative Tribunal (VCAT) to fight for Mrs Bauer — Scaremongering! their right to keep hold of their money. This is a mad grab for cash by the government. It is not just about CPI Ms THOMSON — I hear an interjection from the rises; it is about a one-off grab. In this instance it was government saying I am scaremongering. This shows 50 per cent, and it is shameful — absolutely shameful. how out of touch this government is. Its members actually think that talking about the 1800 people who The government says it supports the NDIS, but it does were represented at VCAT is scaremongering. These not. This government does not really care about these people did not go to VCAT for pleasure; they went to most vulnerable people; government legislation VCAT because they felt they were under threat. And suggests it does not. If this government cared about the they won at VCAT — they were vindicated! Even most vulnerable people in our community, it would though the government member says this is have consulted before it brought in this piece of scaremongering, it is not scaremongering. legislation. It would be making sure the new legislation meets the needs of the people who require The case went to VCAT and demonstrated that these accommodation. But, no, the government is looking people were in the right. And what do we do? Instead after the private providers; that is what it is doing with of acknowledging that and looking at how we can this legislation. It cares about the private providers, and support people with disabilities, the government brings it is worried about what the repercussions might be for in a piece of legislation that entitles it to pull out the the private providers. The private providers have come money these people may have in their pockets that to the government begging for an out so they cannot would allow them a better quality of life. I think have cases brought against them at VCAT for doing government should be better than that. I think we exactly the same thing the government is currently should be looking after the most vulnerable people in doing. our community. That is what government is here for. That is fundamental to what we do. If this government This legislation is an indictment of the does not believe that, then it should move over because Liberal-Nationals government. It is shameful. This other people will do this job, they will do it better and process has been conducted in such a way that it makes they will care for the most vulnerable in our people with disabilities and their carers and guardians community. feel suspicious and serves to raise their anxiety. This is a community that does not need its anxiety levels Mrs Bauer interjected. raised. Its members need to feel confident that they will be supported by government, because who is going to Ms THOMSON — I keep hearing an interjection support them if government does not? from a member opposite about how caring this government is, but if it cares, why not look properly at If you have a look at who has spoken on this bill, you the impact this legislation will have on the community? will see that we have not heard from the government The government should have a good look because from benches for a very long time. If this government was our point of view, having talked to people who have committed to this legislation, its members would be been to VCAT on this case, talking to people who live defending it in this house, but they know it is in state-provided residences, looking at the lives these indefensible. There is nothing that justifies this piece of people lead, we know that this legislation is legislation coming to the house at this point in time. inappropriate. We know it is inappropriate, they know

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it is inappropriate, but the government does not think Mr WYNNE (Richmond) — I rise to make a enough of them to delay this legislation and make sure contribution to debate on the Disability Amendment it is protecting their needs. Bill 2013 debate. In doing so I indicate that we support the reasoned amendment proposed by my colleague, This legislation is certainly depriving those people of and we do that for a number of reasons. We believe the their rights. It will not even allow them to appeal a minister at the table, the Minister for Disability Services decision. Are they now considered to be subhuman so and Reform, and the Premier should delay this bill until that they do not matter and they do not have the right to such time as there has been further consultation with take a matter to VCAT? The government has deprived residents and their families about its future. This them of that right because they won at VCAT, so particular fee increase is going to be an enormous because they won at VCAT the government says they impost upon families, and it is one that we think is an no longer have the right to go to court and be heard. It unfair burden. It is an unfair burden on the families, and is outrageous that, in this day and this era when we are it is an unfair burden on the people who live in state-run talking about the rights of the disabled, the government disability accommodation. We think that there is is taking away their rights. potential for a broader knock-on effect from these changes. I am not saying this in a vacuum. On this side of the house we actually care. We had a state disability plan, Given the massive complexities in the sector due to the we passed the Disability Act 2006 when we gave back fact that it is a two-track system — we have both rights and ensured that rights were adequately provided private sector providers and state-sanctioned to the disabled in our community. But not this housing — we would argue that it may be more prudent government — no, it is prepared to give lip-service and to see exactly where this lies as a public policy proposal be seen to be waving the flag at the NDIS conference, going forward before imposing in advance what is, by and fighting very hard to get the NDIS headquarters in any measure, a very complex formula, especially given, Geelong. That is fantastic, but the government was as has already been articulated by a number of my riding on the back of the work of the previous colleagues in their contributions, the unintended commonwealth government. It was riding on the back consequences of any changes that might be made. of the Gillard government, and the work that was done on disability care was done by the federal Labor One of the claims made by the government is that government. This government is saying, ‘Yay! We’ll be no-one in Department of Human Services part of that because you are going to give us some accommodation is able to claim commonwealth rent money to do it’, but where is it when it comes to assistance. As members of the house would know, I am looking after the disabled? It is taking money out of somewhat familiar with housing provision having their pockets. Every time the commonwealth gives previously been the Minister for Housing. We know money to the state, the state government says, ‘Thank that the provision of commonwealth housing assistance you very much, we will take another bit of that’. The attends to residents who are eligible for public housing government members sitting opposite should be and who are, for instance, housed in our housing absolutely ashamed of themselves. associations. Residents are not eligible for commonwealth rent assistance if they are living in This is legislation that should not be brought to this public housing. Low-income people who are living in house at this point in time. The reasoned amendment private rental market homes also attract commonwealth should be supported by members if they genuinely care rental assistance. Although it is a relatively modest about the disadvantaged and the disabled in our amount of money, it is nonetheless a fillip available to community, and if they are genuinely trying to ensure people in the private rental market. It is interesting to that their rights are protected, not stripped from them, note that at a recent public forum, which I understand which is what this legislation does — it strips their was attended by the chief of staff of the Minister for rights. This legislation is an abomination in its current Disability Services and Reform, one-third of those in form, and it should be opposed. We should be the room stated that their loved one was in receipt of supporting the most vulnerable in our community and commonwealth rent assistance. ensuring that they have the quality of life that we all expect for ourselves, our families and our communities. We would simply argue to the minister that it is vital I support the reasoned amendment. I am opposed to the that this issue be looked at more thoroughly via a legislation, and I think government members should review instead of just blindly pushing forward and hang their heads in shame. potentially putting residents, many of whom have quite severe disabilities, in real financial hardship. This hardship is not only experienced by the resident

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themselves but also by members of their family, who those people which is simply unfair. On that basis we are often required to supplement their income because cannot support it. the level of support that is provided to people through the broader social security network is, by any measure, Ms WOOLDRIDGE (Minister for Disability relatively modest. Even if tenants attract an income Services and Reform) — I am very pleased to have an supplement, it is still often the case that family opportunity to sum up the debate on the Disability members — many of whom also face quite poor Amendment Bill 2013. I thank all members for their financial circumstances — find themselves having to contributions to the debate. Unfortunately there has subsidise the basic needs of their loved ones. been a lot of fear and scaremongering in some contributions to the debate and a lot of inaccuracies. It With those complexities in mind we simply say to the is important in my summing up for me to take the minister that it would be prudent for her to reconsider opportunity to put to rest some of the concerns that this bill. We ask that the minister come back with a have been raised and communicate the accurate side of bill — and we say this quite genuinely — that has been things to some of the issues that have been raised. subject to broader consultation and which more appropriately engages client groups, user groups and I want to go through a number of different points. Just their families. We believe we can reach a resolution to to start, there is no doubt about this coalition this that strikes a balance between what the minister is government’s commitment to people with disabilities. hoping to achieve but which also ensures that the quite Ours was the first major political party in Australia to significant financial burden that is being placed on commit to a national disability insurance scheme these families is more appropriately addressed. (NDIS). I am very proud that over the subsequent years we have delivered in conjunction with the previous We do not want to get to see a circumstance where federal government, and it is ongoing with this federal essentially you have a two-tiered system, where one government, on a trial in Barwon and committed to the group may be accommodated within the private sector, full rollout through to 2019. What that will mean is as opposed to state-run authorities, and enjoy different many hundreds of millions of dollars per annum being sorts of — — invested for people with a disability through the NDIS.

Ms Wooldridge interjected. We currently invest about $1.7 billion a year, and by 2019 that will need to be up to $2.5 billion per year for Mr WYNNE — I understand they have different people with disabilities, being matched by $2.6 billion a sorts of benefits, but I ask the minister to let me finish. year from the federal government. They are very We want to ensure that there is not a massive disparity. substantial contributions of additional investment from That is the argument we simply put to the minister. We both levels of government. We have also invested over do so genuinely because on areas like disability I think the last three budgets more than $700 million for people there is a broad consensus across the chamber about the with disabilities through our work in schools and our desire to reach an outcome, where we can comfortably work with individual support packages, respite agree that we have reached a public policy position that packages, supported accommodation and so on. The is fair and equitable across the board. It is in that investment has been quite extensive. context that we genuinely put this reasoned amendment to the minister. I know my colleague the member for The system that we are debating today was established Yan Yean, who has been the main driver of this in the Disability Act 2006 under the responsibility of a reasoned amendment and the opposition’s lead speaker former member for Bundoora who was the Minister for on the bill, would genuinely want to work with the Community Services at the time and the regulations minister to see if we can find a better and more that were put in place in 2007 under the Honourable equitable way of addressing this public policy issue. Gavin Jennings in the other place when he was the responsible minister. That created the capacity for It is in that context that the opposition asks, by way of charges to be made. The legislation defined that charges the reasoned amendment, that the bill be withdrawn so were considered to be excessive if they exceeded a that the matter can be reconsidered and we can come prescribed amount, and that amount was prescribed in back in a timely fashion — we are prepared to work the regulations at 75 per cent of the disability support with the minister on that — to seek a better resolution pension (DSP) and 100 per cent of the commonwealth than what is currently before the house, which we rent assistance (CRA). believe is manifestly unfair to a particular group of people. It will impose a significant financial burden on One of the first key areas that has come up in this debate is whether or not the Victorian Civil and

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Administrative Tribunal (VCAT) should have a Very clearly it is consistent with what has happened capacity to make a determination. It was very clearly previously. the intent of the 2006 legislation that VCAT did not have a role unless the amount prescribed in the The VCAT ruling recently questioned this. The concern regulations was exceeded. I will quote from a meeting that groups like National Disability Services, which which was part of the regulatory impact statement’s provides supported accommodation to thousands of public consultation process and which was held at the residents, have is whether they have the capacity to Victorian Advocacy League for Individuals with even make cost of living increases. We are seeking to Disability Inc. (VALID) on 13 June 2007. legislate to clearly allow for cost of living increases as a matter of course, as has happened year after year under The minutes of that meeting state in relation to the the previous government and has continued under this maximum residential charge threshold being set at government. 75 per cent for DSP and 100 per cent for CRA: The third area that is being considered in the debate is Clarification was provided that this is a reference ‘threshold’ commonwealth rent assistance. Commonwealth rent which VCAT will refer to … in reviewing ‘excessive’ assistance is an allowance paid by the commonwealth increase in residential charges. This is a ‘ceiling’, hence maximum threshold, for which providers must be accountable to assist low-income people with their rent, and the to VCAT for any charges in excess to this ceiling. amount at the moment, for example, is about $3228 a year. This bill provides that the amount provided for It was very clearly the intent of the previous individuals to contribute to that rent is able to be government that VCAT did not have a role, unless there charged by a disability service provider for a supported were charges in excess of the amount that was accommodation placement. What we are seeking to do prescribed in the regulations. Just on the point of is allow for that to be charged, and with structuring VCAT having no role, the Supported Residential under a board and lodging fee this will enable those Services (Private Proprietors) Act 2010, another act residents who are in disability accommodation provided brought in by the previous government, states that the by the Department of Human Services, who have not act does not provide a right of VCAT review of previously been eligible to access commonwealth rent increases to a fee for accommodation and support, or assistance, to now access it and provide that as a increases to an amount for items and services purchased contribution towards their rent. Let me make it very under supported residential services (SRS) at all. This is clear, because there has been a lot of debate and there a situation where the former Labor government was has been suggestion that there are residents who are quite happy to exclude VCAT in certain circumstances currently applying for commonwealth rent assistance, in relation to both people with a disability in supported that we currently charge rent for every accommodation accommodation and people in SRSs, which are both resident at 15.2 per cent of the pension. This becomes vulnerable groups. So clearly there is a precedent and $231.17. I have an email here in which my officers at practice that was practised by the former government in the Department of Human Services ask the relation to the capacity of VCAT to make commonwealth Centrelink agency whether residents determinations in some circumstances, and that is currently paying a rent charge of $231.17 per month consistent in this bill. under this arrangement, as stipulated in their residential statement, would meet the commonwealth rent The second issue they have raised is the cost of living assistance criteria and be able to claim CRA payment. increases, which is one of the key issues that we seek to make provision for in this bill. These cost of living The response from Andrew Freer, whose position is increases are standard; in fact there have been eight cost described as operational rent and services stream; cards, of living increases since March 2008, five of them add-ons, rent, rural and services; intensive services under the previous government and previous Minister branch; disability, carers and older Australians division for Community Services. In March 2008 the pension in the federal Department of Human Services, was that went up by 1.7 per cent and the rent went up by 1.7 per commonwealth rent assistance would not be payable to cent. In September 2008, it went up by 2.8 per cent and these customers. The commonwealth’s advice to us is the rent went up by 2.8 per cent. These are the cost of at the level of rent that we charge, residents are not living increases that are common practice and have eligible for commonwealth rent assistance. I understand happened year after year, that happened consistently there may be some individuals who are claiming it. I do under the previous government and are still being not know the basis on which they are claiming it, but allowed for, because this bill only allows for a cost of the advice to us is that at the rental levels we charge living increase against the pension at the current rate. residents are not eligible. What we are seeking to do with this bill is to make them eligible by structuring our

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rent in a board and lodging model that enables us to Families and Community Services, Mrs Coote, a access funding from the commonwealth that these member for Southern Metropolitan Region in the other people, if it were structured properly, would be entitled place; my chief of staff; my staff and right across the to. department. There has been extensive discussion across families, carers, disability service providers, the public The difference between this government and the former advocate and organisations both in the development of government is that the former government could have this process and as things have adjusted over time. structured rent in such a way as to get access to commonwealth money to contribute towards disability We do not support the reasoned amendment. This bill services in Victoria, but it chose not to. We are will enable the details of both the cost of living structuring it in such a way that residents are now going increases and the CRA to be established, if it is passed to be eligible for an amount of funding that they were by the houses. We also have the State Services not previously eligible for, to contribute to the provision Authority looking at the broader issues because we are of those rental services. There should not be one heading to a national disability insurance scheme additional dollar in costs to a resident for two reasons: (NDIS), as I have said, which we have committed to, first, the commonwealth advises that residents are not and we need to work out how this is sustainable in currently eligible for commonwealth rent assistance but terms of the provision of these services into the future. they will now be eligible for it; and second, the only The board and lodging fee is already paid by hundreds increases are going to be consistent with the cost of of residents in Department of Human Services living increases, exactly as the Labor government did accommodation — St Nicholas homes, Colanda, five times to residents and as we have done three times. Sandhurst and other locations as well. This bill is not We now seek to secure that in place. relevant to them, but it is moving them to a board and lodging fee, like many already pay. There was a lot of reliance by the lead speaker for the opposition on a press release from VALID. I do want to What I am saying is that this is a reasonable bill and a comment on a couple of things, because VALID clearly reasonable step in the process, and that it is reasonable says: to progress it at this stage while the State Services Authority looks at some of the broader issues about our … there are aspects of the bill which appear relatively future transition to the NDIS. I once again thank innocuous — e.g. the facilitation of cost of living increases … members for their contributions, and I commend this VALID is not concerned about the cost of living bill to the house. increases. It also says in relation to the commonwealth rent assistance: The SPEAKER — Order! The minister has moved that the bill be now read a second time. The member for … we accept this measure is unlikely to affect the majority of Yan Yean has moved a reasoned amendment to this residents who do not currently receive the CRA … motion, proposing to omit all the words after ‘That’ with the view of inserting other words. The question is: Its concern is for that small group identified in this press release who may be accessing the CRA currently. That the words proposed to be omitted stand part of the I do not know the basis on which they are accessing it, question. but the advice from the commonwealth is that at our charging levels residents are not eligible to receive it. House divided on omission (members in favour vote That is obviously something that needs to be resolved, no): and it would be resolved in this process. Ayes, 43 The basis of the Labor Party’s reasoned amendment is Angus, Mr Napthine, Dr Asher, Ms Newton-Brown, Mr that these are all issues that have not been consulted on Baillieu, Mr Northe, Mr or discussed. There are very clear reasons behind each Battin, Mr O’Brien, Mr of them, which I have outlined, consistent with what Bauer, Mrs Powell, Mrs happened under the previous government, with what Blackwood, Mr Ryall, Ms happens in the community sector or what happens in Bull, Mr Ryan, Mr Burgess, Mr Shaw, Mr other states. There has been extensive consultation. I Clark, Mr Smith, Mr R. have written to, spoken to or emailed hundreds of Crisp, Mr Southwick, Mr families and individuals. There has been consultation Delahunty, Mr Sykes, Dr and discussion between myself and the disability Dixon, Mr Thompson, Mr Fyffe, Mrs Tilley, Mr services commissioner; the Parliamentary Secretary for Gidley, Mr Victoria, Ms

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Hodgett, Mr Wakeling, Mr Carbines, Mr Lim, Mr Katos, Mr Walsh, Mr Carroll, Mr McGuire, Mr Kotsiras, Mr Watt, Mr D’Ambrosio, Ms Madden, Mr McCurdy, Mr Weller, Mr Donnellan, Mr Merlino, Mr McIntosh, Mr Wells, Mr Duncan, Ms Nardella, Mr McLeish, Ms Wooldridge, Ms Edwards, Ms Neville, Ms Miller, Ms Wreford, Ms Eren, Mr Noonan, Mr Morris, Mr Foley, Mr Pakula, Mr Garrett, Ms Pallas, Mr Noes, 42 Graley, Ms Pandazopoulos, Mr Allan, Ms Howard, Mr Green, Ms Perera, Mr Andrews, Mr Hutchins, Ms Halfpenny, Ms Scott, Mr Barker, Ms Kairouz, Ms Helper, Mr Thomson, Ms Beattie, Ms Kanis, Ms Hennessy, Ms Trezise, Mr Brooks, Mr Knight, Ms Herbert, Mr Wynne, Mr Campbell, Ms Languiller, Mr Carbines, Mr Lim, Mr Motion agreed to. Carroll, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr Read second time. Donnellan, Mr Merlino, Mr Duncan, Ms Nardella, Mr Consideration in detail Edwards, Ms Neville, Ms Eren, Mr Noonan, Mr Clause 1 Foley, Mr Pakula, Mr Garrett, Ms Pallas, Mr The DEPUTY SPEAKER — Order! I ask the Graley, Ms Pandazopoulos, Mr Green, Ms Perera, Mr member for Yan Yean to circulate her amendments. Halfpenny, Ms Scott, Mr Helper, Mr Thomson, Ms Ms GREEN (Yan Yean) — I wish to circulate my Hennessy, Ms Trezise, Mr amendments. This is the first time in three years that the Herbert, Mr Wynne, Mr opposition has had such an opportunity in this portfolio. Amendment defeated. I am making my — —

House divided on motion: The DEPUTY SPEAKER — Order! I ask the member for Yan Yean to speak on the clause. Ayes, 43 Angus, Mr Napthine, Dr Ms GREEN — On clause 1, I ask the minister why Asher, Ms Newton-Brown, Mr the government is determined to single out people with Baillieu, Mr Northe, Mr a disability for special treatment as the only category of Battin, Mr O’Brien, Mr renters in this state who will have their rights to appeal Bauer, Mrs Powell, Mrs to the Victorian Civil and Administrative Tribunal Blackwood, Mr Ryall, Ms Bull, Mr Ryan, Mr (VCAT) curtailed? Burgess, Mr Shaw, Mr Clark, Mr Smith, Mr R. Ms WOOLDRIDGE (Minister for Disability Crisp, Mr Southwick, Mr Services and Reform) — As I outlined in my summing Delahunty, Mr Sykes, Dr up of the second-reading debate, in assessing the intent Dixon, Mr Thompson, Mr Fyffe, Mrs Tilley, Mr of the Disability Act 2006, brought in by the former Gidley, Mr Victoria, Ms government, and the Disability Regulations 2007, once Hodgett, Mr Wakeling, Mr again brought in by the former government, the Katos, Mr Walsh, Mr summary of the meeting notes on the regulatory impact Kotsiras, Mr Watt, Mr statement makes it clear that the intent of the Disability McCurdy, Mr Weller, Mr McIntosh, Mr Wells, Mr Bill 2006 was that there was to be a threshold and that McLeish, Ms Wooldridge, Ms providers must be accountable to VCAT for any Miller, Ms Wreford, Ms charges in excess of this ceiling. That was the basis on Morris, Mr which the former government brought that disability Noes, 42 bill in. It was supported by this house and this Allan, Ms Howard, Mr Parliament. Andrews, Mr Hutchins, Ms Barker, Ms Kairouz, Ms As I also outlined in my summing up, the Supported Beattie, Ms Kanis, Ms Residential Services (Private Proprietors) Act 2010 Brooks, Mr Knight, Ms does not provide a right of VCAT review of increases Campbell, Ms Languiller, Mr

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to a fee for accommodation and support or increases to been consistent with the bill. This is a commitment that an amount for items and services purchased from a was made over 12 months ago in relation to accessing supported residential service. What I am saying is that commonwealth rent assistance. There have been the member for Yan Yean is incorrect in her statement discussions with many people at many levels over the that this change is only applicable to people with course of the last 12 months, and hence we have disabilities and is something that is being introduced by introduced this bill with the changes we are proposing the coalition government. In fact this has consistently today. been the case under the current act and other legislation the former government introduced into this house and House divided on clause: which was passed by the Parliament. Ayes, 43 Ms GREEN (Yan Yean) — As I and many other Angus, Mr Newton-Brown, Mr speakers detailed during the second-reading debate, Asher, Ms Northe, Mr Baillieu, Mr O’Brien, Mr concerns have been expressed to us by many Battin, Mr Powell, Mrs stakeholders and individuals who will be impacted on Bauer, Mrs Ryall, Ms by this bill. They said they were completely unaware Blackwood, Mr Ryan, Mr and have been blindsided by the introduction of this Bull, Mr Shaw, Mr bill. Can the minister tell me how many stakeholders Burgess, Mr Smith, Mr K. Clark, Mr Smith, Mr R. she spoke with prior to the first reading of the bill? Crisp, Mr Southwick, Mr Delahunty, Mr Sykes, Dr The DEPUTY SPEAKER — Order! During the Dixon, Mr Thompson, Mr consideration-in-detail stage normally speakers can Gidley, Mr Tilley, Mr range a little bit wider on clause 1, but they have to stay Hodgett, Mr Victoria, Ms Katos, Mr Wakeling, Mr with the clause and what the clause says. I cannot see Kotsiras, Mr Walsh, Mr that clause 1 is about consultation. McCurdy, Mr Watt, Mr McIntosh, Mr Weller, Mr Ms GREEN — In terms of the purpose of the bill. McLeish, Ms Wells, Mr Miller, Ms Wooldridge, Ms The DEPUTY SPEAKER — Order! The member Miller, Ms Wreford, Ms for Yan Yean has 4 minutes left. Napthine, Dr Noes, 42 Ms GREEN — In terms of the purpose of the bill, Allan, Ms Howard, Mr which makes a significant change to the Disability Act Andrews, Mr Hutchins, Ms 2006 in relation to VCAT’s ability to review the Barker, Ms Kairouz, Ms Beattie, Ms Kanis, Ms decision of a disability service provider to issue notice Brooks, Mr Knight, Ms of a proposed increase in a residential charge, VCAT’s Campbell, Ms Languiller, Mr power being curtailed in this way was certainly a very Carbines, Mr Lim, Mr big surprise to stakeholders, in particular the Victorian Carroll, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr Advocacy League for Individuals with Disability Inc. Donnellan, Mr Merlino, Mr (VALID) and the Villamanta Disability Rights Legal Duncan, Ms Nardella, Mr Service. I ask the minister how many stakeholders she Edwards, Ms Neville, Ms spoke with prior to the first reading of the bill, Eren, Mr Noonan, Mr particularly in relation to the purpose of the bill? Foley, Mr Pakula, Mr Garrett, Ms Pallas, Mr Graley, Ms Pandazopoulos, Mr Ms WOOLDRIDGE (Minister for Disability Green, Ms Perera, Mr Services and Reform) — I am happy to comment on Halfpenny, Ms Scott, Mr the substance of that question in relation to the bill. As I Helper, Mr Thomson, Ms said previously, it was made very clear at the Disability Hennessy, Ms Trezise, Mr Regulations 2007 regulatory impact statement public Herbert, Mr Wynne, Mr consultation meeting, held at the Victorian Advocacy Clause agreed to. League for Individuals with Disability Inc. on 13 June 2007, that the maximum ceiling was being set by the Clause 2 former Labor government, which meant that providers only needed to be accountable to VCAT for any Ms GREEN (Yan Yean) — Clause 2 is the charges in excess of this ceiling. This is an issue that commencement provision of the bill before the house; it was raised six years ago; this is an issue that has always provides that the bill will come into operation the day after it receives the royal assent. Why has the

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government decided to enact this bill ahead of the people would be aware of what the date would be. They government review of disability group home could prepare for it and the certainty would be much accommodation services, and could it not defer royal more — — assent until after this review is concluded? The DEPUTY SPEAKER — Order! Is the Ms WOOLDRIDGE (Minister for Disability member for Oakleigh speaking on her mobile phone? Services and Reform) — The government’s intent is to enact this provision as provided for in the bill. Ms Barker — Yes, I am checking whether or not the speech — — Ms GREEN (Yan Yean) — In relation to the commencement provision and in relation to the bill The DEPUTY SPEAKER — Order! The member coming into operation after the receipt of royal assent, for Oakleigh will leave the chamber. would a better date to enact this bill not have been after the forthcoming review of disability accommodation? Ms Barker — I will leave.

Mr NARDELLA (Melton) — On this clause, I note The DEPUTY SPEAKER — Order! The member for Oakleigh will acknowledge the Chair as she leaves. the proposed act will come into operation on the day on which it receives royal assent. The problem I have with Mr NARDELLA — Deputy Speaker, I think it this clause is that the date is undefined. When a piece of would be more appropriate to have a situation where legislation comes before the house, especially if it deals the date is set down within the legislation so that it with a fee that is going to be imposed on some very gives that certainty to the families and the residents. I disadvantaged people, in my view the commencement would imagine that once the legislation is given royal clause — in this case clause 2 — should set a very assent, and understanding what has occurred definite date so that the people affected by the changes beforehand, the government and certainly the minister in the bill know when it will come into operation. To and her department will act expeditiously to put these have only that it will receive royal assent sometime in provisions into effect and enact the legislation before the future — sometime in the never-never — is the chamber. I think that would be more appropriate so inappropriate. This is important; the date should clearly that people could then plan for that. I am happy to hear have been put in this legislation for all to see. I put that the response of the minister on this point. before the house. Ms WOOLDRIDGE (Minister for Disability Ms WOOLDRIDGE (Minister for Disability Services and Reform) — In response to the member for Services and Reform) — In response to the member for Melton, I understand what the member is saying. Melton, it may be that he does not understand the Unfortunately I cannot anticipate the progress of the bill broader provisions of the Disability Act 2006. What through the chamber. I was not even sure that debate on this bill does is to enable those provisions to be in place. this bill was going to come on this week in this place. It What is a requirement of the Disability Act 2006 is that may have been next week or at some subsequent time. if there is to be any change in fees, residents are Similarly, I cannot anticipate what is going to happen in provided 60 days notice. What this bill will do, if it is the other place if the bill is passed through this place to passed by this house and through the Parliament, is to go there. Unfortunately it is impracticable to specify a enable charges at some point in the future, of which date because I cannot anticipate its passage through residents are required to be given at least 60 days Parliament, so I go back to the point of reassurance. In notice, to be eligible to be put in place, and if they are 2006 the Parliament determined that 60 days notice was challenged at VCAT, VCAT will be required to dismiss an appropriate amount of time, and that of course is them. So there is very clearly a two-month notification what everyone is required to provide for any change in period for people with disabilities. This is an enabling fees. bill that enables consideration of how that process is treated after that notice is given. Ms GRALEY (Narre Warren South) — Given that this is the clause around the commencement, I would Mr NARDELLA (Melton) — I thank the minister like to ask the minister: what legal advice around the for her response to this issue. But understanding the Charter of Human Rights and Responsibilities did she response that she has given, again I put to the house that seek in limiting access to VCAT by people with a it would be more appropriate to have in this clause a disability? specific date on which it comes into operation. I do not disagree with what the minister has said, and I am not doubting that, but with the 60-day period of notice

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The DEPUTY SPEAKER — Order! I ask the clause 4. I ask the minister: how many appeals against chamber to pause while I take advice on whether that is rent hikes, not including the recent fee hike — that is, a relevant question on this clause. appeals relating to Department of Human Services (DHS) and the not-for-profit sector — are made each I have difficulty in finding that that question is relevant year to VCAT? to the clause that is listed. The DEPUTY SPEAKER — Order! Again, I am House divided on clause: not sure that what the member has just asked the minister is totally relevant to this clause. The minister Ayes, 43 has a choice as to whether she wishes to respond or not. Angus, Mr Napthine, Dr Asher, Ms Newton-Brown, Mr Ms WOOLDRIDGE (Minister for Disability Baillieu, Mr Northe, Mr Battin, Mr O’Brien, Mr Services and Reform) — Once again, in relation to the Bauer, Mrs Powell, Mrs bit of the question that is relevant to the bill, my Blackwood, Mr Ryall, Ms understanding is that there are very few, if any, appeals Bull, Mr Ryan, Mr to VCAT on a regular annual basis in relation to this. Burgess, Mr Shaw, Mr That is one of the reasons we need the bill to clarify. Clark, Mr Smith, Mr R. Crisp, Mr Southwick, Mr These individual cost of living increases have happened Delahunty, Mr Sykes, Dr eight times at DHS accommodation and many times Dixon, Mr Thompson, Mr across the community sector, but the issue was not Fyffe, Mrs Tilley, Mr tested until recently, in relation to the particular Gidley, Mr Victoria, Ms Hodgett, Mr Wakeling, Mr consideration that we had earlier this year, so my Katos, Mr Walsh, Mr understanding is that there had been zero for the first Kotsiras, Mr Watt, Mr six years of the operation of the act, until we got to the McCurdy, Mr Weller, Mr situation we had earlier this year. My understanding is McIntosh, Mr Wells, Mr that it had been functioning in a quite straightforward McLeish, Ms Wooldridge, Ms Miller, Ms Wreford, Ms way and that those approaches to VCAT were not being Morris, Mr made previously.

Noes, 42 Ms GREEN (Yan Yean) — In relation to VCAT Allan, Ms Howard, Mr decisions against DHS over the past three years, how Andrews, Mr Hutchins, Ms many were there? Barker, Ms Kairouz, Ms Beattie, Ms Kanis, Ms Brooks, Mr Knight, Ms Ms WOOLDRIDGE (Minister for Disability Campbell, Ms Languiller, Mr Services and Reform) — There have been zero. Carbines, Mr Lim, Mr Carroll, Mr McGuire, Mr Ms THOMSON (Footscray) — Without this bill, D’Ambrosio, Ms Madden, Mr how many VCAT challenges would the minister Donnellan, Mr Merlino, Mr envisage would occur in the private sector? Duncan, Ms Nardella, Mr Edwards, Ms Neville, Ms Eren, Mr Noonan, Mr Mr Foley interjected. Foley, Mr Pakula, Mr Garrett, Ms Pallas, Mr The DEPUTY SPEAKER — Order! I advise the Graley, Ms Pandazopoulos, Mr member for Albert Park that if I wish to have advice, I Green, Ms Perera, Mr will ask for it from the clerks. Halfpenny, Ms Scott, Mr Helper, Mr Thomson, Ms Honourable members interjecting. Hennessy, Ms Trezise, Mr Herbert, Mr Wynne, Mr The DEPUTY SPEAKER — Order! I ask the Clause agreed to. member for Footscray to repeat her comments.

Clause 3 Ms THOMSON — Without the bill that is currently before the house, if it were not introduced, how many Ms GREEN (Yan Yean) — Clause 3 amends VCAT challenges would the minister envisage would section 72(1) of the Disability Act 2006 to provide that occur in the private sector? VCAT’s power to make orders under that subsection is subject to new section 72A, which is inserted by

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Ms WOOLDRIDGE (Minister for Disability Ms WOOLDRIDGE (Minister for Disability Services and Reform) — I cannot speculate. What I can Services and Reform) — Once again I say to the say is that where we have had correspondence, as was member for Albert Park that I cannot anticipate the outlined in the debate, from both National Disability future. I wish I had a crystal ball. I would have backed Services and a number of disability service providers, the winner of the Melbourne Cup and many others, but they were very concerned about the uncertainty that had I cannot anticipate what will happen in the future. I can been created by VCAT and anticipated there may have advise that these provisions were not called into been situations where even cost of living increases question previously — that is, before May. There were would be challenged at VCAT; hence the zero cases in previous years, either through community requirement — at their request — to provide some sector providers or DHS as a provider. That is the certainty, which is being done through this bill. But I advice I have been provided with. cannot anticipate how many claims would have happened at some time in the future. The detail is that the VCAT act provides that if there is any inconsistency with another act, that other act Mr FOLEY (Albert Park) — Through you, Deputy prevails. What we are seeking to do, given that there is Speaker, without wishing to offer any advice to either inconsistency between the Disability Amendment Bill yourself or the minister, clause 3 of the Disability 2013 and the VCAT act, is reinforce what is already in Amendment Bill is, in the opposition’s view, a the VCAT act — that the Disability Act 2006 takes particularly nasty part of the legislation. In particular precedence. What clause 3 does is provide clarity to a subclause (3) through various amendments seeks to process that is already legislated for in other legislation remove the application of the Victorian Civil and and provide extra clarity in this case. Administrative Tribunal Act 1998 from proceedings for review of a decision to issue a notice of a proposed Ms GRALEY (Narre Warren South) — This issue increase in residential charge, which is the nub, as I has been of immense public interest, and the costs understand it, of what the minister is opposing. That involved with VCAT hearings is of interest not only to goes to the core of what the opposition and in particular the people who were involved in the court case but also my colleague the member for Yan Yean, the shadow to the general public. I ask the minister: how much minister for disability services, who is at the table, have money has the government spent on defending VCAT been providing cogent arguments for as to the negative appeals? consequences for some of our most vulnerable citizens. The DEPUTY SPEAKER — Order! Again, that is My question to the minister is: given the emphasis that not relevant to this clause. The clause does not discuss will now be on how VCAT reviews of private providers costs. It is entirely up to the minister whether she are considered, can the minister advise the house how responds to that. many VCAT decisions have gone against private providers over the past three years, which is the length House divided on clause: of time the minister has occupied the portfolio? Ayes, 43 The DEPUTY SPEAKER — Order! The minister Angus, Mr Napthine, Dr Asher, Ms Newton-Brown, Mr does not wish to make comment on that. Baillieu, Mr Northe, Mr Battin, Mr O’Brien, Mr Mr FOLEY — Again on clause 3 and the same Bauer, Mrs Powell, Mrs provisions regarding the Victorian Civil and Blackwood, Mr Ryall, Ms Administrative Tribunal Act 1998 and the essential Bull, Mr Ryan, Mr review of VCAT’s powers in relation to the DHS Burgess, Mr Shaw, Mr Clark, Mr Smith, Mr R. clients who the minister is charged with responsibility Crisp, Mr Southwick, Mr for, working on the basis of the existing frame, if you Delahunty, Mr Sykes, Dr like, can the minister advise what her assessment is of Dixon, Mr Thompson, Mr how many VCAT claims, without this bill, there would Fyffe, Mrs Tilley, Mr Gidley, Mr Victoria, Ms be in DHS-run accommodation facilities? In other Hodgett, Mr Wakeling, Mr words, what does the minister think she is removing Katos, Mr Walsh, Mr from the DHS charge sheet, as it were? How many Kotsiras, Mr Watt, Mr VCAT applications does she think will not happen as a McCurdy, Mr Weller, Mr result of this legislation? McIntosh, Mr Wells, Mr McLeish, Ms Wooldridge, Ms Miller, Ms Wreford, Ms Morris, Mr

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Noes, 42 Tribunal. This is certainly the desire of the people at the Allan, Ms Howard, Mr Victorian Advocacy League for Individuals with Andrews, Mr Hutchins, Ms Disability Inc., that fantastic advocacy body we call Barker, Ms Kairouz, Ms VALID, and also those at Villamanta Disability Rights Beattie, Ms Kanis, Ms Brooks, Mr Knight, Ms Legal Service. That was what was in the detailed press Campbell, Ms Languiller, Mr release they issued earlier this week, when they realised Carbines, Mr Lim, Mr the magnitude of this. Carroll, Mr McGuire, Mr D’Ambrosio, Ms Madden, Mr Even after having had a briefing from the department Donnellan, Mr Merlino, Mr and having read the minister’s second-reading speech, Duncan, Ms Nardella, Mr Edwards, Ms Neville, Ms their first understanding was that there would really be Eren, Mr Noonan, Mr only the third formula, which is about raising indexed Foley, Mr Pakula, Mr fees in line with the CPI. The opposition is seeking the Garrett, Ms Pallas, Mr support of the house to amend the bill so that only the Graley, Ms Pandazopoulos, Mr third formula will be part of the bill and come into Green, Ms Perera, Mr Halfpenny, Ms Scott, Mr effect. Helper, Mr Thomson, Ms Hennessy, Ms Trezise, Mr Through you, Deputy Speaker, I seek to ask the Herbert, Mr Wynne, Mr minister specifically about Will, who is the son of Deb Clause agreed to. Johnson, who lives in Wheelers Hill. Earlier in the second-reading debate the minister, in response to my Clause 4 contention that there was no-one in Department of Human Services accommodation who would be in The DEPUTY SPEAKER — Order! Before calling receipt of commonwealth rent assistance, said that the member for Yan Yean, I advise her that if her those people would be committing fraud. Would it be amendment 1 is not agreed to, she will not be able to the minister’s contention that Ms Deb Johnson or Will move her amendment 2 as it is consequential. Johnson would be committing fraud if they are currently in receipt of commonwealth rent assistance? Ms GREEN (Yan Yean) — I move: Ms WOOLDRIDGE (Minister for Disability 1. Clause 4, page 3, lines 3 to 32 and page 4, lines 1 to 6, Services and Reform) — I thank the member for her omit all words and expressions on those lines. amendment. I indicate that the government does not Clause 4 has caused the most consternation amongst the support the amendment. The effect of the amendment disability sector and the community — that is, people would be to remove the capacity of residents in with disability and their families — in relation to this government-provided disability supported bill. That is why I have proposed amendments to accommodation to access commonwealth rent clause 4 in particular. Members will recall, as I do, that assistance (CRA) and provide that to the provider during the second-reading debate very few members without the protection that it is being provided within referred in detail to the complex formulas contained in this bill that it is not able to be considered by the clause 4, of which there are three. That is because it is Victorian Civil and Administrative Tribunal. In fact the beyond many members of this place, let alone those it only action the Victorian Civil and Administrative will impact, to understand the complexity of clause 4. I Tribunal can take is to dismiss it. The government does have proposed that this clause be amended so that it not wish to exclude CRA from this bill. The allows genuine cost of living increases but not the government believes that including CRA is the others. That would mean that there would be only the appropriate thing to do. As I have explained previously, third formula because that relates specifically and only it is an allowance that is provided by the to the needs of the sector to raise indexed fees in line commonwealth to assist with rent. with the CPI. This would balance the need of the sector to raise indexed fees in line with the consumer price I would never seek to respond to an individual question index against the need of Victorians living in disability across the chamber without full information on an accommodation to be able to contest fee hikes in the individual — that is, anyone, let alone someone who is Victorian Civil and Administrative Tribunal. However, present in the chamber — and make assertions, as the any one-off cash grab by the state government or any member has suggested I made. It is absolutely incorrect others by adding an amount equal to the that I said that. commonwealth rent assistance would still be Ms Green interjected. contestable at the Victorian Civil and Administrative

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The DEPUTY SPEAKER — Order! The member Webb Dock. Based on the projects this government has for Yan Yean! announced to date, the port of Melbourne, even with the expansion at Webb Dock, will still exceed capacity by Ms WOOLDRIDGE — All I can provide is a 2021. general advice that we have received from Centrelink. What I said at the time was that individuals need to I urge the minister to do his homework and look at the assess that advice and that we are happy to work with projections of twenty-foot equivalent units that are them in relation to that advice. I think it is very naive going to be coming into the port. Without research the for the member to suggest that I would make an government plans to have its preferred second container assessment in this chamber about someone’s individual port located at the port of Hastings, yet this is not circumstance. planned to come on line until 2025. That means that we have five years of debilitating congestion and, in the What I can say is that the advice of Andrew Freer, of Premier’s own words, economic meltdown, to look the rural and remote services, intensive services branch, forward to between those years under this disability carers and older Australians division of the government’s plans. The government needs to plan and federal Department of Human Services, is that fund now the future expansion of the port of Melbourne commonwealth rent assistance would not be payable to so that it is operational to 2025. those customers who pay a rent charge of $231.17 per month. Earlier this week I visited and toured Port Botany in New South Wales, which is now operated by NSW Business interrupted under sessional orders. Ports. I have to say that New South Wales has certainly planned for and invested in the long-term future of its PERSONAL EXPLANATION port capacity; in fact it has planned for growth and is able to deliver capacity through to 2040. People in Premier Sydney are quite aware of the problems we are facing in Victoria. They were able to quote when we would Dr NAPTHINE (Premier) — I wish to make a run out of capacity here — in 2021 — and were quite personal explanation. In the house today I said: aware of the fact that we would not have a port up and I can advise the house with respect to the meeting on running by 2025. Representatives of both stevedores 14 August that people present at the meeting were myself, and transport companies spoke to me off the record to Keith Fagg, his brother Barry Fagg, Paul Jamieson, who was tell me that they are looking forward to being able to then the acting CEO of the City of Greater Geelong, and pick up Victoria’s overflow work in those years. Anna Cronin, my chief of staff. This comment in the house was based on advice We are talking about substantial work, jobs, that will be provided to me which described Paul Jamieson as the leaked from this state across to Port Botany — and I acting CEO of the City of Greater Geelong. I have been would assume to the port of Brisbane — which is no advised subsequently that this is incorrect. The Paul doubt rubbing its hands together at the incompetence of Jamieson who attended the meeting is in fact a personal this government and the lack of investment it has made friend of Keith and Barry Fagg and not the Paul in the future planning for our port to actually have Jamieson listed on the website of the City of Greater capacity beyond 2021. We will then be left in limbo Geelong. I trust this will clarify the matter for the and facing, as the Premier has already stated in a media house. release of 22 February, economic meltdown. We will lose both business and jobs to other states because of ADJOURNMENT the constraints of the port of Melbourne and the lack of vision of this government in not investing in the future The DEPUTY SPEAKER — Order! The question is: freight and logistics in this state. That the house now adjourns. McKinnon Primary School ministerial visit

Port of Melbourne capacity Ms MILLER (Bentleigh) — I direct my matter to the Minister for Education. The action I seek is that he Ms HUTCHINS (Keilor) — My matter is for the come and visit the Bentleigh electorate to tour the Minister for Ports, and it relates to the ongoing capacity International Baccalaureate school, McKinnon Primary of the port of Melbourne. The action I seek is for the School. Principal Sandra Myrwoda and her staff are minister to outline what plans he has, if any, to increase implementing a fantastic, state-of-the-art curriculum at the capacity of the port beyond the current expansion at the school, and I believe the minister would fully enjoy

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meeting with Sandra and her students. McKinnon Castlemaine Health funding Primary School is really embracing the multicultural ethnicities of its student population and the increasingly Ms EDWARDS (Bendigo West) — The matter I popular nature of education. It has placed itself at the raise is for the Minister for Health, and the action I seek forefront of globalising primary education. is that he immediately grant emergency funding — a bailout package, if you like — to Castlemaine Health. With a large proportion of students of Chinese heritage, This financial year Castlemaine Health has found itself the school has strong cultural links to China and has carrying a deficit of $2.7 million. This deficit is a direct responded to federal and state government calls for an consequence of the government’s failure to support Asian studies link in education by establishing a Castlemaine Health during the redevelopment of the sister-school relationship with Changzhou Miduqiao hospital. This has meant it has been unable to perform Primary School in Jiangsu Province, China. Last term any surgery since the works began and will not be able McKinnon Primary School principal, Sandra Myrwoda, to perform any surgery until next March at the earliest, travelled to Jiangsu Province to meet with Changzhou when the works are due for completion. At this stage, Miduqiao Primary School principal, Mr Wu, to discuss however, that seems unlikely because it is possible that the future sister relationship of the two schools. In the this project will go on for longer than was anticipated. future McKinnon Primary School hopes to implement an exchange program between itself and its Chinese It is clear that the government’s poor planning and sister school. This model will be watched closely and modelling of the hospital redevelopment is the major used by other schools across the state. reason for Castlemaine Health’s deficit. I will put on record some of the history around the $10 million of We are becoming a globalised society, and that funding that was granted to Castlemaine Health. Some globalisation is reaching into primary education. As a members here may recall that three days prior to the last show of support for the bourgeoning sister-school state election the Liberal-Nationals coalition, in relationship between McKinnon and Changzhou, I was opposition at the time, made a promise to Castlemaine proud to gift a Victorian flag to Mr Wu to display in his Health of $10 million for redevelopment of the surgery school. In turn I was honoured to receive a small unit, surgery operating theatre and emergency ward. collection of Qin Dynasty replica ornaments and a There was no consultation with the community at the flower necklace, a symbol of Jiangsu. time, and there was certainly no robust business case put forward. It was undercosted and it was unplanned. Last week McKinnon Primary School held its inaugural At that time the Labor government had discussions in Chinese festival. This festival was attended by progress with the Department of Health about the best thousands of people from not just the Bentleigh measures to put forward for Castlemaine Health. electorate but from as far away as Richmond. The students got involved and took guests on a tour of the Unfortunately the $10 million, while promised, was not festival, which took over the entire school grounds and delivered in the first year of this government. As a Tucker Road. I was particularly impressed with the consequence of that I circulated a petition through Chinese dancing the students displayed, as well as all Castlemaine calling on the government to fund the the colourful art and craft and the animal farm. This $10 million redevelopment, which garnered around event received strong support from the Glen Eira City 2000 signatures. Fortunately in 2012 the government Council and Caulfield police, who assisted by finally came up with the $10 million, but in the process facilitating the shutdown of surrounding streets and it failed to put in place any measures to assist people control. It was an honour to represent the Castlemaine Health through the redevelopment period. Premier and the Minister for Multicultural Affairs and This means that for approximately 18 months the Citizenship at this event and speak on their behalf. I hospital was not able to receive an income from understand the honourable minister’s passion for surgery. On top of that is the issue of the building itself. education and dynamic school environments, and I There have been serious problems related to the age of believe it would be a great treat for him to come and the building, asbestos and other issues around the tour McKinnon Primary School. structure of the redevelopment. All of these things mean that Castlemaine Health finds itself in a very Local students in the Bentleigh electorate are receiving difficult financial position. The state government needs a multifaceted and global education from McKinnon to give the patients and the community of Castlemaine Primary School. The action that I seek is for the and the region confidence that the hospital they rely on Minister for Education to come to the Bentleigh will have the capacity to function into the future, electorate and tour McKinnon Primary School in early unhindered by this bungled redevelopment. 2014.

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Mallee environmental water allocations project, which was born of the success of the Wimmera–Mallee pipeline, to be delivered. Mr CRISP (Mildura) — I raise a matter for the Minister for Water. The action I seek is that he ensure Police schoolies week resources that the last three community-identified micro wetlands in the Mallee region receive water. In the development Mr TREZISE (Geelong) — In tonight’s phase of the Wimmera–Mallee pipeline project a adjournment debate I raise an issue with the Minister community reference group was established. The group for Police and Emergency Services. The action I seek identified concerns about the removal of water from the from the minister is that he ensure that there are landscape and the effect this would have on native flora adequate police numbers in our coastal townships along and fauna. The group highlighted that water was stored the south-west coast this schoolies season. As the in small dams located in depressions in the landscape. minister is aware, mid-November marks a period when, These depressions were associated with wetland for the following few weeks, secondary students will environments that supported important populations of descend on coastal towns like Torquay, Lorne and flora and fauna. The community was concerned that Apollo Bay to celebrate the end of their secondary water had been available in these wetlands over the last education. Of course with these thousands of schoolies 100 years and that the complete removal of that water gathering together come law and order issues, and not would be devastating to wildlife. In response, all the troublemaking is done by the students. The 1000 megalitres of the water savings generated through minister will also be aware that brainless and, in many the Wimmera–Mallee pipeline project were assigned as cases, violent thugs termed ‘toolies’ arrive as well. an environmental entitlement to support these wetlands. They are thugs not just looking for trouble but also out actively making trouble. Only last year I raised this In 2009 a wetland evaluation team was established to matter with the minister after an innocent young man oversee the prioritisation of wetlands, and through good by the name of Adam Rajic was viciously bashed in work with GWMWater, the Birchip Landcare Group, Lorne by some gutless, brainless thug, leaving him with the catchment management authorities and the head and facial injuries. Department of Environment and Primary Industries 51 wetlands were identified to receive environmental As the father of two daughters who are now in their water. Of these, 48 can now receive water; however, very early 20s, I know the concern and trepidation there are 3 remaining. The issue with those three is that parents feel when their kids head off for weekends or they are part of what is called supply system 5, which in on breaks like schoolies. We send them off hoping they fact gets its water from the Murray River. Those will be sensible and will look after themselves and their 1000 megalitres of water in the Wimmera system friends and also hoping there will be a strong police cannot be traded across to the Murray system. presence on the streets. My concern last year when I raised this issue with the minister was that, according to The three wetlands in supply system 5 require the Police Association, at the time Adam Rajic was 79 megalitres of water from a Murray River assaulted the number of police officers in Lorne was environmental entitlement. GWMWater has generously half that of the year before, being 2011. As every offered to cover the delivery costs to these sites; the member knows, it takes just one punch to kill or maim only missing component is an environmental water someone for life and unfortunately we see that fatal allocation. Members of the communities around these punch landed all too often. When you get a large three remaining wetlands, which are actually very close gathering of schoolies with their guards down in the to or on the flood plain of Tyrrell Creek, are becoming one place, like Lorne, for a week and you combine that quite frustrated that they have not seen a solution for with alcohol, you have a cocktail for disaster. With the supply of water to these wetlands. GWMWater has such a combination you will never eliminate the risk of made provision in the pipelines for the delivery and, as assault but you can minimise it. I said earlier, is prepared to stand the costs of delivery. The government has a role to play with regard to police The wetlands are surrounded by remnants of black box on the beat, but this is not the entire answer. There are vegetation, and 5 hectares of revegetation works have other stakeholders who can contribute to safety such as been undertaken at one of the privately owned publicans, local councils and of course the students wetlands. Two of the wetlands have connectivity with themselves and their parents. I call on the minister once Tyrrell Creek while the other one provides an aquatic again to ensure that during the forthcoming schoolies refuge in between Tyrrell and Lalbert creeks. The season our young people can enjoy themselves while minister needs to see what can be done to allow this being protected to a large degree by a visible and strong police presence on our coastal streets.

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Wednesday, 13 November 2013 ASSEMBLY 4077

Sandringham electorate sporting facilities Frankston cenotaph relocation

Mr THOMPSON (Sandringham) — The life of the Mr SHAW (Frankston) — My adjournment matter Australian community is enriched by sporting tonight is for the Minister for Veterans’ Affairs and the engagement. It is also enriched by shared memories as action I seek is for the minister to visit Frankston RSL we observe as spectators the great feats on the national and cenotaph and to direct to any funding that may be and international sporting stage, whether it be the available to relocate the cenotaph. Australia’s military triumph of international cricket teams, the work of history is celebrated and acknowledged throughout the Olympic rowers or yachtsmen, or the great feats of year all across the country. Anzac Day commemorates footballers in the dying moments of grand finals. To the landing at Gallipoli on 25 April 1915. In Frankston assist the house, my adjournment matter, if it has not a dawn service is held at the Frankston cenotaph, then already been determined, is in the realm of sport and I there is a march at 11.00 a.m. with the Frankston RSL wish to direct it to the Minister for Sport and Pipes and Drums and the Frankston City Band leading Recreation. The action I seek is for him to visit a the procession of veterans followed by a service. number of the sporting precincts within the Vietnam Veterans’ Day commemorates Australia’s Sandringham electorate. involvement in the Vietnam war, and the Battle of Long Tan on 18 August 1966. It is also held at the Frankston As the Minister for Sport and Recreation is aware, there cenotaph. is the shared community heritage of the Crompton goal in the 1964 Melbourne-Collingwood grand final, or it We also have VP day, which commemorates the end of might be the wobbly kick by Barry Breen in 1966; the World War II on the 15 August 1945, and work of Phil Manassa as he ran the ball around the Remembrance Day, which commemorates the end of boundary line in the grand final replay; the mercurial World War I on 11 November 1918 and has been held work of Gary Ablett in the 1989 grand final or the great just this week. Every year the Frankston RSL conducts goals of Nick Malceski in the Sydney Swans’ great memorial and Remembrance Day services at the victory of 2012 and Adam Goodes on one leg as he Frankston Cemetery on the Sunday prior to wobbled the ball through the goals. Remembrance Day, along with a service at the Frankston cenotaph on Remembrance Day. For a The Minister for Sport and Recreation would be number of years I have had the privilege of playing the familiar with the work of Adam Goodes in particular, bagpipes as the solo piper at each of these events, and I as the Goodes family hail from the Wimmera. In fact have also played in the band. the minister was the captain-coach of a football team at Dimboola, his wife’s home town, but success eluded Frankston RSL started in 1919, and early members him in a grand final where his team was runner up. included Prime Minister Stanley Bruce, who lived in However, some great footballers come from Dimboola Frankston. For two years in a row the RSL has been and the Dimboola Memorial Secondary College, voted the best RSL in Victoria, which has never been including the great Tim Watson. The Minister for Sport accomplished before. Its general manager, Rob and Recreation did lead Murtoa, his home town, to a Morrison, has received an award as the no. 1 general successful victory in AFL football. manager of all the RSLs.

Within the Sandringham electorate there is major Thousands gather at the Frankston cenotaph every year participation in sport ranging from lawn bowls to for these commemorative occasions that are etched on lifesaving. We have English Channel swimmers, our calendars. The cenotaph is currently located on the marathon runners and Olympic athletes who have corner of Davey and Young streets in Frankston outside trained along the foreshore under the guidance of Roy the council chambers. However, the area is now Boyd, a great Australian amateur coach. We have inadequate to cater for the large gatherings that tennis players, Davis Cup coaches and a range of elite regularly spill out onto the road as thousands visit. A athletes. We have gymnasts, and in the realm of cricket site has been found to relocate the cenotaph and join we have produced test bowlers for the national stage. In with it a memorial park to honour those who paid the making more Victorians more active more often, I ask ultimate sacrifice for our freedom and those serving our the Minister for Sport and Recreation to visit the country now. I invite the minister to come to Frankston Sandringham electorate to look at the outstanding once again, as I know he loves it down there, and to facilities we have and see what more can be done. join me on a visit to the RSL and the cenotaph to speak to key people involved in the relocation.

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4078 ASSEMBLY Wednesday, 13 November 2013

Bushfire management overlay Farm worker death inquiry

Dr SYKES (Benalla) — My issue is for the Minister Mr SCOTT (Preston) — The matter I raise is for for Planning, and my request is for him to review the the attention of the Assistant Treasurer, and the action I application of the bushfire management overlay to seek is that he conduct an inquiry into the actions of ensure the achievement of the intentions of the WorkSafe Victoria as they relate to the tragic death of recommendations of the 2009 Victorian Bushfires Lani Taylor at the Brownport Almonds farm in May Royal Commission whilst allowing responsible, 2011. informed construction and occupation of residences in bushfire-prone areas. We all remember the tragic events As members would be aware, there are all too many of Black Saturday when 173 Victorians lost their lives, workplace accidents on farms that lead to deaths. I will the resultant royal commission which made not go into the details of Lani’s death; that matter has 67 recommendations, and the commitment by the been subject to an inquest and a number of processes. coalition government to implement each of those However, concerns have been raised by members of 67 recommendations. Lani’s family about the actions of WorkSafe Victoria. I would like the minister to investigate this matter, Some practical issues have arisen in that particularly the circumstances of Lani’s tragic death but implementation, particularly in relation to the also the circumstances that relate to farm safety more construction of dwellings in bushfire-prone areas. Many broadly. people have raised concerns, including John Kroeger in the beautiful town of Bright, and also Arthur Jones of It is appropriate that the details of this case be conveyed Buxton in the member for Seymour’s electorate. In the directly to the minister, but there are very serious case of the Bright area in the Alpine shire, many of the matters that must be investigated in relation to farm issues highlighted by John Kroeger have been safety and the actions of WorkSafe, particularly in the addressed by the practical application of the bushfire case of Lani’s personal circumstances and her tragic management overlay by the local council. I death. Other members would be aware of these issues, acknowledge the efforts of the planning staff who have and they would know that there are all too many developed an application for use on iPads out in the accidents on Victoria’s farms and that this is an area of field. Nick Vlahandreas and Barrett Higman came up significant concern for those interested in workplace with an iPad application whereby you can go out to safety. I ask the minister to take urgent action on this where someone intends to build a premise and with the matter. Like all other Victorian workers, those who use of GPS technology identify the risks associated work on farms should be safe and able to return home with the construction of a dwelling there and determine safely to their families. the bushfire attack level rating. If it is very high, you could contemplate shifting to another location and Bushfire zone building regulations perhaps substantially reducing the bushfire attack level Mr KATOS (South Barwon) — This evening I while being able to build a dwelling in a fine location. wish to raise a matter for the attention of the Minister To a large extent those issues have been addressed in for Planning. The action I seek is that the minister the Alpine shire. review the bushfire attack level (BAL) building However, in the case of issues raised by Arthur Jones in requirements in urbanised areas of Geelong. As a result the Buxton area, he and about 4000 other people have of the 2009 Victorian Bushfires Royal Commission, the raised concerns, many of which still need to be government declared large parts of the state addressed. These concerns are worthy of being listened bushfire-prone areas (BPA). An implication of this is to and practical solutions come up with so that the that anyone who wishes to build in a bushfire-prone intentions of the recommendations are achieved. area must build their home to the standard required by Therefore I seek the minister’s involvement to come up the bushfire attack level for that area. with a proposition whereby the risks of building the While it is sensible to build homes to bushfire attack dwellings are determined to be reasonable, that there is level requirements and to be prepared for the possibility informed occupancy by residents and visitors, and that of bushfires, there are urbanised areas of Geelong that we satisfy the public liability concerns for government have attracted BAL 12.5 ratings instead of BAL low and the protection of human life in a practical and ratings. This adds unnecessary costs to the construction common-sense way. of a new home, particularly for first home buyers, when the chance of bushfires in these areas is almost negligible. The prime example of this in my electorate

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is the suburb of Highton. I have lived in Geelong all my unexpectedly, the member for Frankston pulled out his life, and I have no recollection of any bushfire in the bagpipes and played a very solemn piece. It was very suburb of Highton. A BAL 12.5 rating adds an average well received by all. of $5000 to the cost of a new home. Compliance with the rating requires the homeowner to install ember seals My understanding is that there are challenges with the to external doors, compliant plumbing connections for cenotaph. The member has highlighted the fact that gas and water, foil sarking under the entire roof, roof there are problems with crowds spilling onto adjoining ventilators with ember protection, aluminium flywires roads, which makes it difficult for the veterans and instead of fibreglass ones to all openable windows and members of the wider community to participate in the solid or BAL-compliant external doors. services. I look forward to taking up the invitation from the member for Frankston for me to go down there to This requirement is an unnecessary cost imposition on talk about what possibilities there are and what people constructing new homes in urban areas. assistance can be given. I have to say my concern is that Geelong’s largest growth area, Armstrong Creek, is it is the area of planning that will have to be looked at, also at present deemed to be in a bushfire-prone area, and we will need to talk to Frankston City Council and which means that all new homes in that area attract perhaps the Minister for Planning. I look forward to BAL 12.5 ratings. Given the negligible bushfire risk in taking up the offer by the member for Frankston. these suburbs, this not only adds unnecessary costs but also increases the build times for new homes. The second item that was raised with me was by the member for Sandringham. This member, as we all Highton has around 800 to 1000 lots remaining, and know, is a great supporter of sport and recreation, and there are 22 000 house lots in Armstrong Creek, so with he is always looking for ways to maximise sporting costs of $5000 per home, members can see the costs participation and development opportunities in his that are added by higher BAL ratings. Urban areas such electorate. He spoke about engagement in sport and the as Armstrong Creek will expand over time and the risk relationship between grassroots and higher level sport, of bushfires or ember attack will become negligible. right up to Olympic level. He asked me to go to Sandringham to visit sporting precincts, particularly the I call on the minister to consider the removal of the Banksia Reserve, where I know there are a lot of sports requirement to build a new home in these areas of clubs. As you well know, Speaker, this government is Geelong to the BAL 12.5 standard. These urbanised looking to invest in local sporting facilities as part of its areas should have BAL low ratings so that people plan to build for growth and to develop more building new homes in them do not have these added sustainable local sport and recreation infrastructure that costs. makes a real difference to local people.

Responses l look forward to going out there and meeting representatives from the many clubs that the member Mr DELAHUNTY (Minister for Sport and for Sandringham spoke about, including lawn bowls, Recreation) — I will firstly respond to the matter raised lifesaving, tennis, gymnastics and cricket. I have to with me tonight by the member for Frankston, being a commend the member also on his understanding of problem with the cenotaph near the Frankston RSL. sport. He spoke about a lot of superstar footballers in The member asked me to visit Frankston to meet with AFL teams, though he did not mention his own team, representatives of the RSL and other key people to Richmond. I was a bit disappointed about that. Go the discuss the possibility of relocating the cenotaph. As Tiges! There is another Richmond supporter in the the member said, the present site has limited capacity room. He spoke about the great teams of Dimboola and and cannot meet community demand on significant Murtoa. Seriously, I would love to get out there with days of commemoration. The member highlighted the member for Sandringham. He has been doing a lot Anzac Day and the dawn service, Vietnam Veterans of work with me in relation to facility development in Day, Victory in the Pacific Day and Remembrance his electorate, and I look forward to going out there Day. shortly.

The member also spoke about playing his bagpipes. I Mr DIXON (Minister for Education) — The remember talking to one of my parliamentary member for Bentleigh asked me to accompany her on a colleagues, the member for Benalla, who travelled with visit to McKinnon Primary School to look at the the member for Frankston earlier this year. He said that wonderful international program that is being run there. it was a very special occasion when they were in I think that is well worth seeing and well worth Jerusalem at the Mount of Olives and, very supporting, because we need to develop in our students

ADJOURNMENT

4080 ASSEMBLY Wednesday, 13 November 2013 the skills that will enable them to interact, study, live good with numbers. The current throughput at the port and work throughout the world. Whether those skills of Melbourne is about 2.6 million twenty-foot are languages, cultural understanding or a whole range equivalent units, or containers if you like. That forecast of other skills that are needed in a global environment, is going to continue to grow, and if we did nothing, the one of the most important jobs performed by our capacity at the port of Melbourne would max out in the schools is to prepare our young people for the jobs of very near future. the future and to live their lives as global citizens. One would have thought that a government of 11 years We are seeing some great things happening in our could have addressed this problem or commenced some schools. We have some great immersion programs, work to look at capacity, because once the port of language programs, cultural programs and sister-school Melbourne reaches capacity the ships will go elsewhere relationships. A whole range of schools have developed and business will go elsewhere. Melbourne, which is very deep relationships with schools in other countries, the freight and logistics capital of Australia with a and they are well worth supporting. I look forward to 37 per cent market share, would then start to lose visiting McKinnon Primary School, which I recognise business to other states, which the member opposite as a leader in this field. would probably be happy with because the opposition does not care about jobs, it does not care about Mr WALSH (Minister for Water) — I rise to investment and it does not care about the Victorian respond to the adjournment matter raised by the economy. The port capacity project will deliver member for Mildura. The member for Mildura raised 1100 direct jobs and 1900 indirect jobs for the state of an issue about environmental water to be placed in Victoria. This project will deliver capacity of up to some small wetlands on Tyrrell Creek in particular. I 5.1 million containers by the mid-2020s, at which point had the pleasure of being with the member for Mildura in time we have plans to fast-track bringing on the port when we went to the first of the wetlands to receive of Hastings development. Again the Labor government water out of the Wimmera–Mallee pipeline for the did nothing about this for 11 years. Labor does not care wetland project that was developed by the Landcare about jobs, it does not care about port capacity and it groups around Birchip. That was a great project, and does not care about maintaining our position as the the group was very dedicated to making sure that there freight and logistics capital of Australia. was some water made available out of the Wimmera–Mallee pipeline for small wetlands for our We are getting on with the job. We are investing in port birds and small marsupials in the environment up there. capacity, and that will ensure that our medium to long-term needs are met before the port of Hastings The member raised an issue about three wetlands that comes on line in the mid to late 2020s. We are will need water from the Wimmera–Mallee pipeline developing that, and as members opposite would know, rather than from the Grampians. As I understand it, in the last budget we invested $110 million to fast-track GWM Water is prepared to pay for the delivery of that the port of Hastings development to take it from being a water. The infrastructure has been put in from the bulk and liquid port to becoming the next major pipeline to the relevant wetlands. It is a matter of container port for Australia. I am happy to furnish the having a discussion with the Victorian Environmental member with details, but I would have thought that she Water Holder to enable I think it is 79 megalitres of would have been aware of the port capacity project. We water to be provided. On behalf of the member for are getting on with the job. We are investing in ports, Mildura I will raise that issue with the Victorian and we will make sure that Victoria remains the freight Environmental Water Holder to see if we can get a and logistics capital of Australia. As I said, I just cannot positive outcome for what is a great project. believe that the member for Keilor is so out of touch with her shadow portfolio responsibilities. Mr HODGETT (Minister for Ports) — The member for Keilor raised a matter asking what plans Mr KOTSIRAS (Minister for Energy and the government has in terms of expanding the capacity Resources) — The member for Bendigo West raised a of the port of Melbourne. I have to say that I cannot matter for the attention of the Minister for Health believe the member is so out of touch with her shadow asking that he grant emergency funding to Castlemaine portfolio responsibilities. The member may, if she Health. While I will refer that to the Minister for drives across the West Gate Bridge and looks out to the Health, I was in this place when the Labor government side, observe that there is a project going on known as was in power and that government never funded the the port capacity project, a $1.6 billion project that will redevelopment of the Castlemaine hospital emergency expand the port of Melbourne. I will try to make it very department in its 11 years in office. In fact we have simple for those opposite because I know they are not provided more funding in 3 years than the former

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Wednesday, 13 November 2013 ASSEMBLY 4081

government did in 11 years, but I will refer that matter to the Minister for Health for his direct response.

The member for South Barwon raised a matter for the attention of the Minister for Planning asking him to review the bushfire regulations in the urbanised areas of Geelong. I will refer that matter to the minister.

The member for Preston raised a matter for the attention of the Assistant Treasurer asking him to investigate the actions of WorkSafe Victoria in relation to Lani Taylor’s death. I will refer that matter to the Assistant Treasurer for his direct response.

The member for Geelong raised a matter for the attention of the Minister for Police and Emergency Services. The action he sought was for the minister to ensure that there is adequate police presence on the south-west coast during the schoolies period. I will refer that matter to the minister for his response.

Finally, the member for Benalla raised a matter for the attention of the Minister for Planning asking for a review of the bushfire management overlay. I will refer that matter to the minister for his direct response.

The SPEAKER — Order! On that note, I declare the house adjourned.

House adjourned 10.40 p.m.

4082 ASSEMBLY