Legislative Assembly

Tuesday, 10 June 2008

THE SPEAKER (Mr F. Riebeling) took the chair at 2.00 pm, and read prayers. HON PHILLIP GEORGE PENDAL Condolence Motion MR A.J. CARPENTER (Willagee — Premier) [2.01 pm] — without notice: I move — That this house records its sincere regret at the death of Hon Phillip George Pendal and tenders its deep sympathy to his family. Hon Phillip George Pendal was born on 4 February 1947 in Bunbury, the son of Algar Harold Pendal and Marie Julia Buswell. He was married to Maxine Mayhofer on 23 August 1969 at Our Lady Help of Christians Church in East Victoria Park. Phil was educated at Marist Brothers College, Bunbury; Xavier College, East Victoria Park; and Perth Technical College. He did clerical work for the Olympic Tyre and Rubber Company in 1962 and 1963. He then worked as a bank clerk with the Commonwealth Banking Corporation from 1963 until 1966, and as a journalist with the South Western Times, the Manjimup-Bridgetown Times and the Daily News until 1975. Phil was assistant press secretary to Premier Sir Charles Court from 1975 until 1977 and press secretary to the Minister for Labour and Industry from 1977 until 1980. Hon Phillip Pendal entered Parliament on 22 May 1980 as a member for the South-East Metropolitan Province in the Legislative Council. He remained a member of the Legislative Council until 14 January 1993, and was elected as member for South Perth in this place on 6 February 1993. From 1983 until 1993 Phil was the opposition shadow minister for a number of portfolios, including lands and surveys; tourism; arts; the America’s Cup; multicultural and ethnic affairs; sport and recreation; the family, the elderly and retired; and the environment. In this house, Phil Pendal was a member of the Public Accounts and Expenditure Review Committee and Chairman of the Standing Committee on Uniform Legislation and Intergovernmental Agreements, the Select Committee on Ancient Shipwrecks and the Select Committee on Heritage Laws. He was also a member of the Parliamentary History Advisory Committee and served as vice-chairman of that committee from 2001. Phil Pendal resigned from the Liberal Party in 1995 and became an Independent, subsequently winning the seat of South Perth at the 1996 and 2001 elections. Phil spent many years of his life serving Western Australia and he will be remembered for that service. He was a passionate and an eloquent member of not only the Legislative Assembly, but also the other house. He was a strong advocate always for his electorate and a most likeable and popular figure in and around Parliament. Mr Speaker, I am sure that I speak for every member when I say that his death was a great shock to us all. On behalf of all members of this house, I extend deepest sympathy to Hon Phillip Pendal’s wife, Maxine, and his children, Sasha, Simon and Narisha, and their families, who are with us today in the public gallery. MR T. BUSWELL (Vasse — Leader of the Opposition) [2.04 pm]: I offer the opposition’s support to the Premier’s condolence motion for Hon Phillip Pendal. Phillip Pendal was a kind human being who showed us that being a great parliamentarian did not necessarily involve holding ministerial office. As we all know, he was dedicated to the South Perth community, which he represented for some 25 years in both houses of this Parliament. He upheld his strong ethical and political beliefs without rancour. Phillip Pendal cared deeply about people, both as a family man and as a friend to so many; he was committed to maintaining and enhancing the legislative role of the Parliament; and he possessed a human and lively sense of humour. Born in Bunbury in 1947 to a mixed legacy of Liberal and Labor politics and the Roman Catholic and Anglican faiths, from an early age Phillip Pendal was both a Catholic and a Liberal. Phillip, the son of Algar Harold and Marie Pendal, nee Buswell, was the great, great grandson of Joseph Buswell, a convict born in Brackley, Northamptonshire, in 1819. Joseph arrived in Western Australia aboard the Stag on 25 May 1855 and travelled soon after to Bunbury, where he was to spend the remaining 36 years of his life. All who knew Phillip appreciated his rich love of all things historic and knew how proud he was of his direct links to Western Australia’s convict past. He was particularly proud of the role played by Joseph Buswell in the escape of Irish Fenian John Boyle O’Reilly from incarceration. This pride ultimately culminated in the 1997 publication of the book by Phillip titled Leave Granted, the story of Joseph Buswell’s tribulations and triumphs. 3594 [ASSEMBLY - Tuesday, 10 June 2008]

Mr Speaker, on a personal note, I am a proud member of that convict family, albeit my links were severed following the loss of my father when I was only eight years old. In recent years, Phillip played a great role in helping me build bridges back to my past and to my history as the proud grandson of a grandson of the same convict. After leaving school, Phillip worked for Olympic Tyres, and was then posted to Boulder in the service of the Commonwealth Bank. In 1965 he won a journalism cadetship and his talent for words was soon to develop. After initially working in Bunbury and Manjimup for the South Western Times group, he was transferred to Perth in 1969 and then became the Daily News political roundsman in 1970. During these same years, from 1964 to 1966, he was a state executive member of the Young Christian Workers, and he became a member of the Knights of the Southern Cross in 1968. Phillip had a deep attachment to his faith and sought to live by its principles. He did so in a way that was neither censorious nor dogmatic, and he showed respect and understanding for people’s different viewpoints. Just prior to his death in 2005, Pope John Paul II awarded Phillip the honour of the Cross for the Church and the Pontiff, and last Tuesday Archbishop Hickey paid tribute to Phillip’s upholding of his faith. A growing commitment to Liberal politics led Phillip Pendal to an appointment as assistant press secretary to Sir Charles Court in 1975. In 1977 he became the press secretary first to Bill Grayden and then to Ray O’Connor, as successive ministers for labour and industry. In 1976, at the age of 29, he unsuccessfully sought the Liberal nomination for the seat of Clontarf. Three years later his talent and record of hard work won him the rare distinction of an unopposed nomination for the Legislative Council seat of South-East Metropolitan Province. Phillip Pendal’s electoral achievements and parliamentary service of 13 years in the Legislative Council have been recognised by a motion in that chamber. We should note that throughout his time as a member for different electorates, he continued to represent the City of South Perth. He thus became the logical candidate to stand for the Liberal Party in South Perth when Hon Bill Grayden announced his retirement for the 1993 election. At that election his principal opponent was an Independent candidate, with no candidate endorsed by the Australian Labor Party—a situation that can create a potential electoral challenge. Nonetheless, Phillip Pendal was warmly supported by the South Perth electors with an absolute majority of over 3 000 votes and a final margin of nearly 5 000 votes. As an Independent in each of the two subsequent elections, he led the poll on primary votes and continued to enjoy final margins exceeding 5 000 votes. Phillip Pendal’s stewardship of his electorate—attending to both the concerns of individuals and the local issues of South Perth—went a long way beyond what might be expected of a conscientious member of Parliament. He was made a Freeman of the City of South Perth in 2006 and at his funeral last week was described as its unofficial mayor. His historical research and writing included the histories of the South Perth Catholic community and the South Perth Community Hospital, of which he was a board member. He was the foundation chairman of the South Perth Historical Society and the driving force to establish the May Gibbs Trust with a museum to house a valuable collection of paintings by that famous one-time resident of South Perth and her father. These community concerns were paralleled by his contribution to Parliament. From 1986 to 1993 he was a leading member of the opposition, fighting hard for the royal commission into WA Inc and developing very strong and credible environmental policies. He had the vision to see that Western Australia had to focus on the international community bordering the Indian Ocean, particularly the trading potential of India. This initiative was to be pursued by the Court coalition government after 1993. Following his contribution to the committee system of the Legislative Council, Phillip Pendal worked assiduously as a member of this house for the fullest scrutiny of legislation as a check on the careless or improper initiatives of government. Significantly, he was chairman of the Standing Committee on Uniform Legislation and Intergovernmental Agreements from 1994 to 1996. He could be relied upon for intelligent, penetrating contributions to the committee stage of bills. Early in his parliamentary career Phillip Pendal stood up for a longstanding principle in 1984 by voting to end the death penalty in Western Australia. In 1998, when for several weeks this house functioned as a virtual chamber of independence when discussing the question of abortion, he acted to convene a group of like-minded members whose numbers rose from seven to 25. In a forceful but measured contribution, he put the pro-life position every step of the way and managed to persuade colleagues to accept amendments that initially had been rejected. He was later to say, “We lost the vote comprehensively but for the first time in a generation, pro-life and anti-abortion issues were put before the Parliament and the people.” Phillip Pendal’s estrangement from the Liberal Party after 1995 is a matter of great regret but he continued to uphold a strong Liberal philosophy, especially with regard to federalism. He understood the necessity of the devolution of power and was an outspoken opponent of creeping centralism, having been a Western Australian delegate to the conventions of the 1980s. Thanks to his generous nature, he treated former colleagues in the Parliament and in the Liberal organisation with generosity, courtesy and goodwill. His attendance at a major function for the current member for South Perth during the 2005 election campaign was deeply appreciated by so many Liberal Party members. [ASSEMBLY - Tuesday, 10 June 2008] 3595

He was a most appropriate member of the Parliamentary History Advisory Committee from 1984, serving as its vice-chairman after 2001. His carefully researched and highly readable contributions to House to House and Parliament: Mirror of the People?—written in collaboration with David Black and Harry Phillips—are valuable public records that also do justice to individuals whose lives had languished sometimes in obscurity. Among the many death notices for Phillip Pendal in The West Australian was one from Helen Newton of Mingenew. It reads as follows — Thank you Phillip for bringing alive the memory of Flight Lieutenant John Verdun Newton, MLA for Greenough 1943. Your passion and inspiration will never be forgotten. Little had previously been written of the personal qualities of this former member of Parliament, who was killed on war service with the Royal Australian Air Force shortly after his election. The description of John Newton in Parliament: Mirror of the People? demonstrates not only Phillip Pendal’s historical keenness, but also his humanity and compassion. He had much to give as a historian, and Parliament has now suffered a real loss. We were properly reminded at Phillip’s funeral that, above all else, he was a dedicated and loving family man. From his marriage in 1969 to Maxine, he had a strong and devoted partnership. He was deeply proud of his three children, Sasha, Simon and Narisha, and in recent years of being a grandfather. We extend to each of them our profound sympathy, and we thank them for the time that he was able to give to politics and to our community. MR T.K. WALDRON (Wagin — Deputy Leader of the National Party) [2.16 pm]: I rise on behalf of the National Party to support this motion. I congratulate the Premier and the Leader of the Opposition for their fine words. On behalf of the Nationals, I offer our sincere condolences to Phillip Pendal’s family. We in the Nationals remember Phil as a fair-minded parliamentarian and a terrific person who gave much to the institution of the Western Australian Parliament and to the community generally. Phillip Pendal’s career as a public identity really began when he became a journalist for the South Western Times group in Bunbury back in the 1960s. He excelled in his chosen career, and his experiences in covering events in country communities, including local government, exposed him to the need for and the importance of leadership at a local level. He was always diligent and committed to the ideals of a fair go, and I am sure that that is what eventually led Phillip into politics. When he first entered politics, Phillip used to run the eminent Australians forum, bringing to Western Australia many of the nation’s captains of industry to provide Western Australians with the opportunity to listen to people of vision, such as Sir Arvi Parbo, the driving force behind Western Mining Corporation. Phil brought great intellect to the Parliament, and he really was a statesman-like figure. When I first entered Parliament in 2001, Phil was extremely helpful to me, giving sound advice on and support for the processes of this house. I know that he was helpful in a similar way to many others in this place. We who sat with him in this area of the house also enjoyed his humour. Some members have already spoken about his great ability with words. I for one certainly appreciated his accurate explanation to me of words used in this place that I did not understand. Once again, our sincere thoughts and sympathies go to Phil’s family. We will certainly miss him greatly. MR T.G. STEPHENS (Central Kimberley-Pilbara) [2.18 pm]: To Maxine, Sasha, Simon and Narisha, and to Oscar and Mayr, I extend profound sympathy indeed upon the death of Phillip Pendal, a great family man. He was a community man, a statesman and a churchman, but essentially he was his own man. When I first arrived in the Legislative Council in 1982, I found in Phillip someone who I considered then, and for a very long time afterwards, to be one of the most stubborn, I am tempted to say pig-headed, formidable and infuriating political opponents. Over the years I learnt something probably about myself in that journey of friendship with him. Some of those things about him were true. However, there were others. He was a wonderful, principled ally, he was a true parliamentary colleague and he was a loyal and trusted friend. Phillip asserted his personal moral conviction most notably for me in support of the legislation to abolish the death penalty in 1984 when he crossed the floor and joined what was then a slender, largely Labor, majority in the Legislative Council. I remember at the time envying Phillip because he had at least the opportunity to speak. We on our side of the chamber had been told by the minister handling the bill, the Attorney General, to put our speeches away, the numbers voting in favour of the bill were assured and there was nothing the government would do to risk that bill; Phillip had cemented its prospect of passage. It was in the bioethical debates of the 1990s in this Parliament and more widely in the community and the media that Phillip displayed some of the most skilful and intelligent leadership that I have seen on display in this place, stitching together some very fragile alliances wherever they were possible. They were all aimed at minimising harm and maximising the opportunity to protect and maintain legal frameworks that would be in the best interests of the community as he and others who joined him in that exercise saw it. 3596 [ASSEMBLY - Tuesday, 10 June 2008]

Phillip recently reminded me that I was not always an admirer of his parliamentary contributions. One such occasion about which he reminded me was when he was in full flight in the Legislative Council with a full- throated attack on Joe Berinson, the then Attorney General. I saw Joe in Fremantle last week at the graveyard burial at Phillip’s funeral. As Phillip retold the story, “He drew just a short breath—when I slipped in with a quick and annoying interjection—to ask, ‘Mr Pendal, have you ever considered taking up bungy jumping without the rope?’” Phillip said that he was completely put off his game. I saw nothing but composure. He did not miss a beat and he pressed on with his contribution to the chamber. Beyond parliamentary politics, Phillip took great delight in extracting from very many of us our particular insights into the history of the times, the people, the places and the institutions that make up Western Australia. In doing this, he displayed great openness to the observations of others who brought different perspectives and experiences to his own. Maxine commented to me just last week that Phillip had enjoyed much of his parliamentary career; but even more enjoyment and satisfaction seemed to have come his way when he was fortunate enough to have been commissioned to write and complete a history of Catholic education in Western Australia. Phillip was one of those people—perhaps there are many of us like him—who enjoyed having the last word! As in life, so in death Phillip will have the last word following the eulogies, the sermons and the words that will be embedded in this condolence motion in Hansard, as Phillip will have his thoughts on Catholic education published and launched in September this year posthumously in his completed work. Phillip’s love of, pride in and devotion to his wife, Maxine, and their children, and grandchildren Oscar and Mayr, were evident and tangible. At South Perth St Columba Church last week the principal celebrant at the thanksgiving mass to celebrate Phillip’s life, Father Kevin Long, reminded us all of the family pain and disorientation that has come with Phillip’s sudden and unexpected death. Alongside the vast and extended family network that gathered there at St Columba Church were very many people—community members from South Perth and beyond; priests and nuns galore; many past and present members of the state and federal Parliaments; ministers; the Premier who joined us later at the burial; the Leader of the Opposition; the Governor; the Archbishop; the Assistant Bishop; the Vicar General; and the parish priest of the church. I think I am right in saying that the old priest who was there with his walking frame was the priest who married Phillip and Maxine years ago. It was an extraordinary funeral gathering by any standard, and it was extraordinary to see such a collection of people gathered in one place for a parliamentarian such as Phillip. I will quote briefly from Father Kevin Long’s sermon for Phillip’s requiem mass; I guess I am returning a favour. According to my notes, he said — No-one could doubt Phillip’s complete and utter devotion to Maxine . . . Their deepest joy revolved around their friendship for and with each other . . . Phillip’s health was indeed always threatening and his parliamentary life made many extraordinary demands upon Maxine and the family. There was nothing artificial or cloying about their love. It was the real thing. It was a love purified and refined in love’s furnace. I have been lucky enough in recent years when I have been in Perth to join Maxine and Phillip at the chapel of St Thomas More College at the University of Western Australia for Sunday mass. I took great delight in standing with Phillip—on the opposite side of the chapel—under the stained-glass gaze of St Thomas More, who served as a model to Phillip because of his patronage and style as a statesman who took so importantly the role of his conscience in his life. It was indisputably Phillip’s unflinching defence of human life in Parliament that led to his being awarded the Croce pro Ecclesia et Pontifice by Pope John Paul II. Phillip loved history and tradition, and he took great delight in inviting me and a few of his friends to join him at the ceremony at which he received this papal honour. I quote again from Father Long’s sermon. He said — In living his Catholic faith, however, Phillip was neither bigoted nor sectarian. He had married a good Anglican girl after all! I also quote Phillip — I was always able to remember that Jesus told us to preach the gospel to every creature, but did not tell us to belt the tripe out of them until they agree with us! Those fortunate enough to have heard the eulogy delivered by Phillip’s son, Simon, at the requiem mass last week would have heard words and poetry good enough to have found a place in the next anthology of great Australian eulogies. I will paraphrase from the last anthology, Great Australian Eulogies, a eulogy of similar resonance delivered by Matt Laffan at the funeral of his friend Robbie Jarvis. If there has been a faith that embraces sinners who in life show love, it is ours. He who has not sinned cast the first stone indeed. The god I pray to does not look to find fault, but rather to find love—and in you, Phillip, he would find that. I join members in saying for the record: well done, to a husband, father, grandfather, friend, statesman and Christian, whose big, gentle and loving soul should indeed rest in eternal peace. [ASSEMBLY - Tuesday, 10 June 2008] 3597

DR E. CONSTABLE (Churchlands) [2.27 pm]: Politics is about ideas, events and people. For Hon Phillip Pendal, politics was very much about ideas, issues, policies, concepts and the analysis of ideas. We all know Hon Phillip Pendal as an exemplary parliamentarian. He was a fine orator and he had a strong sense of Parliament, its procedures and history. He was always quick to defend and promote Parliament over the executive. Some of us who served with Phil on committees were lucky enough to see his strong regard for Parliament and ideas at very close quarters. In his maiden speech in the other place in 1980, he dispensed with the usual, and concentrated his remarks on a comprehensive analysis of federal-state relations. Phil was a true federalist and it is not surprising that he was in his element when he took up the role of Chairman of the Standing Committee on Uniform Legislation and Intergovernmental Agreements at the beginning of 1994. This committee gave him the opportunity to put to the test his views on federal-state relations. Mr Speaker, you and I were privileged to be members of this standing committee when Phil was chairman, along with the member for Darling Range, the member for Hillarys and the late member for Geraldton. Phil’s enthusiasm and serious attention to all issues was infectious, and he worked the committee members tirelessly on a vast and diverse range of issues and ideas. In the committee’s first three years under Phillip’s leadership, it produced 16 reports and two annual reports. Not only was Phil Pendal an inspirational and resourceful committee chairman, he was remarkable in his ability to go beyond the usual boundaries of committee work of just an inquiry and report. In the chairman’s foreword to the report of the committee’s activities between 1 January 1995 and 31 May 1996, he wrote — The Standing Committee comes to an end of another busy yet productive period in which we have produced a number of major reports — perhaps the most significant of which was the result of its inquiry into the competition policy in Australia. Such was the interest from around Australia in the Committee’s report that the Parliament was required to go into a second print run. I venture to say that might be one of the few committee reports that has gone into a second print run. He went on to say — The Committee and its members continued to make an impact nationally in their role of helping shape and develop a scheme under which all nine Australian Parliaments will use common forms of scrutiny for uniform legislation. He then went on to mention a paper that had been presented on behalf of the committee at a conference that the committee attended at Parliament House, Darwin, along with committees from other Parliaments around Australia. He also mentioned meetings that he had had with like-minded committee chairmen from other Australian Parliaments. Every few months, he would meet with those chairmen as part of a group that would discuss ideas of mutual interest. He went on to say — This culminated in a conference at Parliament House, Perth, in May, 1996, which adopted a report for presentation to all Australian Parliaments. Members and staff can feel proud of this achievement. Phillip Pendal went well beyond the usual brief of a committee in that he pushed the boundaries in this area, in which he was so greatly involved. He was very disappointed when the committee was disbanded in 2001, because it meant that the Parliament no longer had a dedicated vehicle to examine the ever demanding intrusion of the commonwealth government into areas of state responsibility. Phillip strongly believed that the role of the Standing Committee on Uniform Legislation and Intergovernmental Agreements involved not only legislative review, but also looking at constitutional issues and matters relating to legal and commonwealth-state affairs. Given the increasing push from the commonwealth in the past decade or so to usurp the responsibilities of the states, I am sure Phillip was right in that belief. We all know about Phillip the historian. Many of us who were at his funeral last week heard his son, Simon, describe family holidays, particularly in the south of the state, and about how Phil would stop to explore a cemetery and would engage the family in his historical research by promising Sasha, Simon and Narisha a financial reward for finding family graves. Mr Speaker, you will remember that when the committee visited Washington DC, Phil led the committee members on visits to the Vietnam War Memorial and Arlington National Cemetery. We spent several hours at Arlington cemetery, and during that time we visited the grave of President John F. Kennedy. Unfortunately, the chairman did not offer us any financial rewards for finding any particular graves that day. I cannot let this opportunity pass without mentioning the Select Committee on Ancient Shipwrecks. This select committee grew out of the Select Committee on Batavia Relics, which was a committee that Phillip had chaired in the other place. To be a member of the Select Committee on Ancient Shipwrecks was to see the quintessential Phillip Pendal at work. I am sure the member for Fremantle, Jim McGinty, who was a member of that committee, and the Clerk Assistant, Kirsten Robinson, who was the clerk of that committee, would agree with me that it was a privilege to take part in that committee. Phillip wrote in the foreword to the committee report — In the final analysis, two fundamental issues are addressed in this Report: firstly, whether a person should be rewarded for doing the ‘right thing’ by society; and secondly, if they should be so rewarded, how much is a fair thing? 3598 [ASSEMBLY - Tuesday, 10 June 2008]

The committee decided that ex gratia payments should be recommended for people described in the report as either primary or secondary discoverers of ancient shipwrecks off our coast. Committees often travel far and wide to investigate their subject. This committee took evidence in Geraldton and Kalbarri. We flew by helicopter to the Zuytdorp Cliffs. Phil also organised for a fisheries boat to take us out to the site of the Batavia wreck so that we could visit its resting place. On that trip we were accompanied by Max Cramer, who was one of the primary discoverers of the Batavia wreck. We stayed the night on Beacon Island, where the survivors of the Batavia sought refuge. I have a great photo of the member for Fremantle in his diving gear, but I wish I had a photograph of Phillip Pendal in the Department of Fisheries dinghy, dressed impeccably in smart trousers and a maroon silk shirt, practically falling over the side of the dinghy with goggles on his face to view the gravesite of the Batavia. Mr J.A. McGinty: I think he jumped! Dr E. CONSTABLE: Just about! He was so excited about it. Further in the chairman’s foreword, Phillip wrote — For my part, experiences like walking in the footsteps of Weibbe Hayes and his 17th century colleagues on the Abrolhos Islands, standing at the foot of the majestic and largely untouched Zuytdorp Cliffs or gazing through brilliantly clear waters to the site of the 1629 Batavia wreck, have had a deep and inexplicable impact. I know my colleagues . . . feel likewise. We certainly did, and we certainly do. I have given only two examples of Phillip Pendal’s contribution to this Parliament over a long and distinguished career. As a chairman, he was creative in his thinking; he was original, imaginative and resourceful and made a major contribution to the work of this Parliament. The Parliament has lost a much respected and exceptional member and historian. Many of us mourn the passing of a good friend. I also extend my condolences to the Pendal family. MR J.E. McGRATH (South Perth) [2.35 pm]: There are others in this place who have and will speak with more intimate knowledge than I about the wonderful contribution made to this Parliament by Hon Phillip Pendal over a period spanning 25 years. I will speak from firsthand experience about Phil Pendal, the much loved and respected member for South Perth, who certainly left big shoes to fill. When news spread of Phillip Pendal’s sad passing, my office was inundated with messages of sympathy that people in the electorate asked me to pass on to Phil’s wife, Maxine, and the family. They were all people whose lives Phil had touched in one way or another; first, as a member of the Legislative Council representing the region south of the river, and then in the Legislative Assembly as the member for South Perth from 1993. Those people all relied on Phil Pendal; they trusted him. They went to him with all sorts of problems. He would always listen, weigh up both sides of the story and provide them with the best advice that he could give. Phil Pendal treated everyone equally. He was a politician who was not driven by ego or agendas. He always did what he truly believed was right. I did not get to know Phil Pendal really well when we were both journalists together at WA Newspapers. In those days Phil was working on the Daily News and I was working on The West Australian. Although both papers had the same owners, we were fierce rivals and we did not cross the corridor that much. I really got to know Phil when I was campaigning for the seat of South Perth in 2004 when Phil, as the retiring Independent member, showed me, the Liberal, the ropes, so to speak. I remember him taking me to a small piece of bushland adjacent to the Manning Primary School, which, Mr Speaker, you would be well aware of. Phillip had heard that the bushland had been earmarked by the Department of Education and Training to be bulldozed and used to extend the school. Phil was totally against any redevelopment of that small piece of land. I remember the day. The now Leader of the National Party was also there as shadow Minister for the Environment at the time. Phil had collected a group of locals—environmentalists and local parents—who all wanted to keep that bushland. Phil told us, “There is only four per cent of bushland left in the whole electorate of South Perth. We cannot afford to lose any more.” I am happy to say that that little bit of bushland is still home to a variety of plant, animal and bird-life species mainly due to the efforts of the late Phil Pendal. Phil could also be very practical when it came to making difficult decisions. I remember him telling me that he brought a bill to this house to bring in Sunday trading for liquor stores. I do not think it was successful, but Phil could never understand how you could drive to an intersection in South Perth and there would be two or three different petrol stations trading on opposite sides of the intersection, but on an intersection that had one or two hotels with a liquor store, only the hotels could trade in takeaway liquor on the Sunday. He just could not work out how that could be. The Department of Housing and Works, under the previous coalition government, wanted to redevelop the former Homeswest estate at Karawara. The department had a problem because it needed to sell a piece of [ASSEMBLY - Tuesday, 10 June 2008] 3599 degraded bushland to make the project viable, but there was fierce opposition from local conservation groups and others who did not want it to happen; they did not want Karawara to change. Phil thought about it, and the more he thought about it, the more he realised that Karawara had become something of a ghetto. He came to the view that the development needed to go ahead for the greater good of the community, and he supported the bulldozing of that bushland. Karawara is now a suburb that has been greatly enhanced by modern, privately owned dwellings. Importantly, the development has breathed new life into the area for some of the long-term Homeswest tenants who are still there. Phil Pendal’s contribution to the electorate was born out of a genuine desire to make South Perth a better place for all who lived there. He was a South Perth resident for more than 40 years, and he and Maxine experienced the deep community spirit that has always existed among the residents of South Perth. As well as being the local member of Parliament, Phil became a very active community member, and we have heard some of those stories today. He was a leading player in the formation of the City of South Perth Historical Society, of which he was the inaugural president from 1989 until November 2000, when he passed the baton on to his good friend Kerry Davey. In 2002 Phillip and Kerry, on behalf of the Historical Society, edited a fascinating little publication called South Perth: The Vanishing Village. I am told that the book, which looked at the great change and transformation that happened in South Perth from about 1930 onwards, had its genesis over a glass or three of red wine with Phil, Kerry and a couple of others one day. The Historical Society arranged for long-term residents of the district or people involved in the history of South Perth to give talks to the group at its regular meetings. Those talks were taped. Phil had a swag of tapes and he thought, “What are we going to do with them?” He came up with an idea: “Why don’t I edit the tapes? Being a former journo, I should be able to do that all right, and we’ll make it into a manuscript.” That is how the book came about. It was published by the City of South Perth Historical Society in 2002 and sold out so quickly that it was reprinted the following year. Funds from the sale of the book had been earmarked to fund the restoration of an original 1901 South Perth tram, which was another of Phil Pendal’s pet projects. Many people might not know it, but apart from the many hats that Phil wore, he was also patron of the Perth Electric Tramway Society. Everyone who knew Phil would know that only Phil would want to get involved in something like that. He thought that the history of trams was important to Perth and, more specifically, to South Perth. Phil was fascinated by anything to do with history, especially the history of South Perth. He came up with the idea of restoring one of the original old trams that used to trundle down Angelo Street and Labouchere Road and end up in Mends Street and putting it in a prominent position for all to see. In 1998 Phil was instrumental in locating one of the old trams that had been withdrawn from service in the mid-1950s. Phil maintained his involvement in this restoration project, which is still going ahead. It is being carried out by the City of South Perth in conjunction with the Historical Society. Phil’s dream was that one day the tram would be situated somewhere in Mends Street as a reminder to the modern generation of how South Perth used to be. Everyone in South Perth has great hopes that that will happen. I am told that the tram will be restored by this time next year. Members have also heard that Phil was a great supporter of the South Perth Community Hospital, the only community-owned hospital of its type in Australia. He was on the board for 13 years and he wrote the book Hands that Heal, which was published in 2006. It is a carefully researched and excellently written history of that wonderful hospital. On his retirement from Parliament, Phil was made a life member of that hospital. Members have also heard that Phil was a prolific writer. I do not know how he found the time for his writing. His works include Parliament: Mirror of the People?, which he wrote in conjunction with Professor Harry Phillips and Professor David Black, and also House to House in conjunction with Professor Black. He recently completed a history of the Royal Perth Golf Club, which would have been some effort for Phil, because I do not think that he would have played many games of golf in his life. As a member of the club, I know that the club thought that his work was outstanding. The book is a great read. As another member mentioned, Phil also penned a book on the Catholic education system, which will be released later this year. I am told that just a week before his death, Phil was working on the final captions for that book. He did finish that work. It has already been mentioned that another significant project in which Phil, together with former mayor John Hardwick, was involved was the purchase of 150 pieces of May and Herbert Gibbs artwork. The City of South Perth purchased that artwork in 1998 at a cost of $36 000. At Phil’s funeral service we were told that a very conservative valuation of that artwork today would be about $360 000. Some of the people who worked on the May Gibbs Trust with Phil were John Hardwick; Ray Turner, whom a lot of members know; Hon Barbara Scott, a member of the other place; and Kerry Davey. They raised some $80 000. Yes, Phil Pendal was a visionary in every respect. I remember talking to him about the Perth-Mandurah rail line. Phil had a problem that whichever way the line was routed, it would bypass South Perth. It would either go down the freeway, which was the Gallop government’s preferred option, or, under the second option, through Victoria Park and out to Kenwick. Phil’s idea was to sink the railway by running it under the river to Mends Street, to the 3600 [ASSEMBLY - Tuesday, 10 June 2008]

Perth Zoo, up to Curtin University, one of the busiest learning centres in our city, and across to Mt Henry Bridge. He also said in hindsight that maybe when the Kwinana Freeway was constructed, it should have gone underground between the Narrows Bridge and Canning Bridge. The result would have been that South Perth would never have been disconnected from the Swan River, which played such a big part in the lives of the people who grew up in South Perth before the freeway came about. Who knows? Maybe one day people will look back and say that Phil Pendal was a man before his time. I join other members in extending my sincere condolences to Phil’s wife, Maxine, and his children Sasha, Simon and Narisha, and his two grandchildren. MR J.J.M. BOWLER (Murchison-Eyre) [2.48 pm]: I support this condolence motion. As a newcomer to this chamber in 2001, I was very quickly impressed by the level of debate on both sides of the house. Sadly, I quickly realised that regardless of the level of debate and the good points raised by either side, the members on the other side really did not listen. As a newcomer, I also quickly realised that if I wanted to know the true situation or middle ground of a debate, I should listen to the then member for South Perth. Invariably, he would strike that middle ground and enunciate, loudly and clearly, often with his Catholic beliefs strongly entrenched, what was the truth of the debate. Whilst neither side might have changed their stance or vote, I always felt that many members in this chamber supported the view I had; that is, that Phil, as the then member for South Perth, spoke the real truth. He was not only a good orator, as are many members in this chamber, but also a good listener. On one occasion after he had spoken on a particular issue I walked over to him after the debate had finished and raised a point of objection. He straightaway said, “John, you are right. I was wrong.” Not many people would do that. On another occasion he chided the newcomers of the 2001 class here about being too rowdy during a debate. Lo and behold, guess what? About three hours later when the debate got particularly rowdy and emotive, guess who was shouting out and interjecting? It was the member for South Perth. The member for Albany, on my left, reminded him of what he had said. Once again to his credit he conceded to the member for Albany that he was right and that he, the member for South Perth, was wrong, and he shut up. That was the measure of the man. He could not only speak well, but also listen well. When I became an Independent member of this chamber and Phil was no longer a member, what did I do? I sought his advice, his counsel, and he gave it willingly and freely. He came twice to Parliament House. It is those words of advice and his suggestions by which I now operate as an Independent member, because I want to be effective if I am to remain as an Independent member of this chamber. It is his encouragement and suggestions that assist me today. There is no doubt, as has been said by previous speakers, what a close and loving family man he was. I first came across that side of him through his younger brother Allan, who is a friend of mine in Kalgoorlie. Allan has this quirky, wonderful little way of never referring to Phillip as Phillip Pendal or “my brother Phillip” but always “brother Phil”. In those two words, Allan’s love and affection for his brother has always been quite apparent. When one spoke to Phil, Vince or any of the other brothers and sisters and stepbrothers, one could straightaway feel that close bond. That has obviously gone through to his wife Maxine, his three children and his two grandchildren. To all of them I pass on my deepest condolences. MR C.J. BARNETT (Cottesloe) [2.53 pm]: I join in this condolence motion to honour the memory of Phillip George Pendal. As members have already said, Phil Pendal was a long-serving member of this Parliament, from 1980 to 2005—25 years;13 in the Legislative Council and 12 in the Legislative Assembly; 15 as a Liberal and 10 as an Independent. From my friendship with Phil I have always known him as a Liberal. I think in Phil’s heart he always was a Liberal, perhaps a Menzies-style Liberal. He believed in the individual; he believed in personal freedom; he believed in enterprise, private property and a personal sense of responsibility. He had a very fine sense of social conscience and responsibility. Phil as a parliamentarian loved the Parliament. He understood the history of this institution, its rules and procedures, and he valued the people in it from either side of politics. He spent time particularly with new members, or members who may have perhaps faced some personal challenge or crisis, as happens with most of us in this place from time to time. Although Phil understood and valued the history and traditions of a Westminster Parliament, he was never one to necessarily oppose change or modernisation. He saw the Parliament as a living, changing institution that should be contemporary in what it did. He was very much an authority on Parliament. I must say that Phil, amongst many of his talents, was an absolute expert on parliamentary entitlements! If anyone had any question or doubt, Phil would have the answer. He was also a very creative and expansive thinker in the Parliament. Only Phil Pendal could have thought of having a select committee into ancient shipwrecks; no-one else would have been capable of coming up with that, but Phil did. He always had an individualistic, perhaps independent streak about him. We have already heard how during the time of the capital punishment debate in the 1980s it was Phil who crossed the floor to bring about the decisive vote that abolished capital punishment. Phil was always proud of that. He always claimed personal credit for the abolition of capital punishment in this state. He always took a strong moral position [ASSEMBLY - Tuesday, 10 June 2008] 3601 according to his religion and his faith. As has been said, he went to great lengths to ensure that the ethical and moral position, as he saw it, was put forward, and for that he won great respect from all sides of politics and individuals in this place, whether or not they agreed with him. Phil’s great disappointment in his political career was not gaining a ministerial position when the Liberal- National coalition won government in 1993. Many members in this place today would not be aware that Phil played what I think was a pivotal and critical role in the election victory of the Liberal Party not only during the campaign, but also in the events leading up to it. Indeed, Phil’s decision to move from the upper house to the lower house was essentially at the request of the Liberal Party because there was a fear that South Perth could be lost to an Independent. Phil did the right thing by the Liberal Party. Unfortunately, when the election was won, the Liberal Party failed to do the right thing by Phil. Phil had in every respect earned the right to be a minister in that first coalition government. I regard Phil missing out on that opportunity as one of the greatest injustices I have seen in my time in this place. Phil had played a leading role as the shadow minister for the environment and, indeed, had probably won for the first time a great credibility for the Liberal Party on many environmental issues, including the growing issue of the preservation of native forest; an issue that the Liberal Party subsequently lost the high ground on. Perhaps we might not have lost the high ground had Phil held a ministerial position. Those events obviously led to Phil becoming an Independent but, as I said, I think Phil always remained at heart a Liberal and was always supportive of the true principles of the Liberal Party. I think this Parliament has two types of members—members who get more credit than they perhaps deserve and other members who do not get the credit that they deserve. Phil Pendal would, in my view, be a member of the latter category. Some of the things for which Phil perhaps did not receive full credit although he played, along with others, a critical role would include the creation of the Western Australian Maritime Museum, the infill deep sewerage program, the renewed attention on problems of dryland salinity and, indeed, some of the early points of view relating to the native forests. Lyn and I once more extend our sincere sympathy to Maxine and to their children, Sasha, Simon and Narisha, and to Russell, Beck and Luke and their families. Phil was to me a good friend both inside and outside of politics and I will miss him very much. MRS M.H. ROBERTS (Midland — Minister for Housing and Works) [2.56 pm]: I too wish to add my condolences to Maxine, Sasha, Simon and Narisha and their families. At only 61 years of age, Phil was taken far too soon from his family, his friends and the wider community. During the time that I spent in the Legislative Assembly with Phil, I certainly came to enjoy his friendship. I knew him to be a caring, supportive and intelligent human being. Although I was friends with Phil during that time, I had not seen him much of late, but as fate would have it I saw him a couple of times last month: firstly, at the ballet; and, secondly, in estimates week when he received the William Wilberforce Award. That award commemorated 10 years since the abortion legislation went through this house and it marked the strong stand Phil Pendal had taken on pro-life issues and reflected his pro-life commitment to this Parliament on a number of pieces of legislation. Phil was a gentleman, a former journalist, someone who had a great grasp of the English language, an eloquent speaker, a historian and a supporter of the arts. People refer to him as a great parliamentarian as opposed to “politician” because I think people associate some more honourable values to the term “parliamentarian”. Phil was recognised largely because he lived by the values that he believed in; that is how he led his life. Other members have referred to the fact that he was awarded the Papal Cross and, like my colleague the member for Central Kimberley-Pilbara, I was also pleased to be present in the cathedral when Phil was awarded that honour. That honour is not given lightly and it was immensely significant for Phil and for his family. More than just earning the respect of the Catholic community, Phil certainly earned the respect of the broader Christian community. That was reflected in the tributes paid to him by the people who gathered on the steps of Parliament just a couple weeks ago. It was also significant that Archbishop Barry Hickey and many senior and other members of the clergy saw fit to be present at the mass for Phil last week. Phil was great company; not everything was serious. He had many good friends right across the Parliament. Indeed, my brother and sister-in-law John and Kerry Hardwick were great friends of Phil over many years and enjoyed his company immensely. Last week, I think a few people reflected on the fact that Phil more than enjoyed a glass or two of red wine. He had many friends right across the political spectrum. He was an esteemed and respected member of the Parliament, the local community and the broader community. Western Australia and the Parliament are all the better for Phil having been here. MR M.W. TRENORDEN (Avon) [3.00 pm]: I want to pass on my condolences to the Pendal family and thank them for arranging a fantastic funeral for Phil last week. Sometimes we attend funerals that are unexceptional, but the funeral held for Phil Pendal last week was a reflection of what Phil’s life meant through and through. It was a pleasure to be at that particular ceremony because it truly reflected what Phil’s life meant. I do not want to cover the ground that many other people have covered, but some of my comments on the processes of this place will do just that. I will start with the negative aspects of the process. In 1993, as a 3602 [ASSEMBLY - Tuesday, 10 June 2008] coalition government member at the time, I attended the launch of the Liberal Party environmental policy at a vineyard in Midland where Phil put on a very impressive performance. He announced what was clearly the establishment of the best policy on the environment that had come out of the Liberal Party. There is no question that Phil’s environmental policy was well thought out and very substantial. It led the way in changing the view of Western Australians towards the coalition government at that time. After that event, as a non-Liberal member I was amazed that Phil was not awarded the environment portfolio. I suggest that it is one of the tragedies of this chamber that Phil Pendal never became a minister. He should have been a minister in that administration, but he missed out. I will now raise a matter that has played somewhat on my conscience over the years as it should have on your conscience, Mr Speaker. After the election, the coalition had agreed on all positions, including appointments to committees. Phil had expressed a strong desire to be chairperson of the Public Accounts and Expenditure Review Committee, as had I. Although the two parties debated the matter heatedly for some time, the position was not resolved. However, the Speaker moved a motion that Max Trenorden be made Chairman of the Public Accounts and Expenditure Review Committee and the Labor Party supported it. I voted for that motion and I became chairman of the public accounts committee, and Phil missed out. Phil never held that against me. I hope the record shows, as the member for Churchlands and others pointed out, that he was an exceptional chair of the Joint Standing Committee on Uniform Legislation and Intergovermental Agreements. Nonetheless, my conscience bothered me that, in the same year he missed out on being a minister, I was part of his missing out on being made chair of the public accounts committee. However, perhaps that process allowed him to do a fantastic job as chairman of the uniform legislation committee. I was the only member of Parliament who attended the two-hour celebration to mark the discovery of the location of HMAS Sydney, which was obviously prior to Phil’s death. Strangely enough, while I was at that celebration I found myself thinking of Phil. I remember well the really important part the Select Committee on Ancient Shipwrecks played, with Phil as its chairman. In fact, the report of the Select Committee on Ancient Shipwrecks will impact on the finding of the HMAS Sydney. The work he did for the Standing Committee on Uniform Legislation and Intergovernmental Agreements, on shipwrecks and a range of other committees will carry on into the future. Phil will be remembered in the future, more so than many of us in the chamber today will be remembered, because of the matters he was interested in. It has already been stated that he was a true parliamentarian. He believed in this chamber as opposed to the executive. He fought very well in those areas and he was very passionate about his debates. A lasting memory I have of Phil is seeing him set his jaw when he was really determined about a debate. He was a tremendous orator in that context. Phil regularly told stories and I enjoyed his humour. I have spent quite a bit of time with Phil over the years. The stories he told about Bill Grayden, Sir Joh Bjelke-Petersen, Sir Charles Court and others—I will not recount them because some of the stories are slightly derogatory towards those individuals—are very funny stories. I hope Phil has recorded them somewhere because they are outstanding stories and should not be lost because they are part of the history of this place. One of the things that I have noted during the 22 years I have been a member of Parliament is that there have been many occasions in this chamber when good humour has been used. No-one is recording that, and I am not the person to do it. We have certainly lost a person who was capable of bringing to life some sensational stories that might be a little on the edge because they denigrate people slightly. Phil had some wonderful stories and he told them very well. I used to laugh with Phil about his love of Toodyay, and he really appreciated it. He loved the people of Toodyay. I say to the family that many people have told me upon Phil’s passing that Toodyay loved Phil. He was well known in the community. I understand that the soil I threw onto his coffin came from Toodyay, which I appreciated. Phil, like a few other members of this chamber, also appreciated Toodyay. We have lost an exceptional member of this chamber. He made a difference and will continue to make a difference after his passing. MR P.W. ANDREWS (Southern River) [3.07 pm]: Firstly, I endorse the comments of other members. I have either known of or personally known Phil for most of my life. Phil was born in Bunbury, as we have heard, and I was born in Bunbury about eight years later. We both attended the Marist Brothers College in Bunbury. Phil had left the college by the time I attended but I clearly recollect him coming back to the college for various events and to talk to the brothers and so on. I will be interested to read his comments about Catholic education in Western Australia because we had very different views about the Marist Brothers College. Phil enjoyed his time there and he was very much influenced by the brothers, particularly Brother Valentine. He often remarked about his sadness at the passing of Brother Valentine. We reflected on the fact that many former students from the Bunbury Marist Brothers College have been members of the Western Australian Parliament, including the current member for Bunbury and friends and relatives of the Leader of the Opposition, the member for Fremantle and me. David Smith, a former member, and a host of political candidates all attended the college. Phil and I would often ask ourselves what those monks taught us. They taught us that it was our responsibility to become involved in public life through not only sporting organisations and social activities, but also politics. We [ASSEMBLY - Tuesday, 10 June 2008] 3603 were probably one of the few religious groups in Western Australia that was actively encouraged to become involved in the political scene. It is interesting that we covered the entire spectrum from the left to the right. My memories of Phil extend to when he used to write football articles for the South Western Times. I used to follow Bunbury in those days. In 1971 Phil wrote an article about a game between Bunbury and South Bunbury that I attended. We must have been at two different games because my interpretation of the game was totally different from Phil’s interpretation of the game! I would regularly read his columns in the South Western Times. I did not really know Phil until I became a member of Parliament. One of the first things that struck me about him was that he was very friendly to new members of Parliament from both sides of the house. He was particularly friendly to the Labor backbenchers, who were collectively known as the “vegetable patch”. We always enjoyed being called the vegetable patch. We got to know Phil very well. I have some pleasant memories of my time sitting in the vegetable patch. On many occasions when a minister and an opposition spokesperson would be putting their side of an argument with great passion during a fierce cross-chamber debate, the members of the veggie patch would be having a chat with Phil and the other Independents about whether what was being debated was a good or bad idea. There were two levels of debate going on in the chamber at the same time. One could always turn to Phil for advice. When I first became a member of Parliament, he told me that I could talk to him if I ever got into strife or needed advice, which I did on a number of occasions. I very much appreciated that. I can confidently say that the things that we discussed were kept between us because I never heard what I told him repeated by anyone else. There are few people in Parliament to whom one can speak candidly about issues and know that they will keep such conversations to themselves. Phil was one person whom I could trust. When I was Acting Speaker, I asked Phil questions about the processes of Parliament, a topic in which he was particularly interested. I certainly appreciated his advice. I have a lot of fond memories of Phil, but two in particular bring a smile to my face. On one occasion when I was sitting in the Speaker’s chair, I made a ruling about some documents that the member for Fremantle had referred to. The opposition moved a motion of dissent because it believed that I was trying to protect the member for Fremantle. I had been a member of Parliament for about four weeks and there I was supposedly trying to protect the member for Fremantle! After I took my seat on the backbench, I copped a fair belting for about an hour or so. After the dust had started to settle, Phil stood to defend me. He said that I had made the absolute right decision and referred to the history of Parliament over the past 20 or 30 years. He was waxing lyrically about what a great decision I had made, when the then member for Bunbury, Tony Dean, called a point of order on relevance because he wanted Phil to sit down. Tony had been playing on his laptop because he had become tired of the debate. He decided to try to end the debate. The Speaker wisely overruled the point of order and Phil stood again and continued to say that I had made a great decision. A few minutes after he sat down, he wandered over to me and said, “You don’t have very many friends over there, do you?” Another fond memory of Phil relates to when we were having afternoon tea sometime during my first term as a member of Parliament. Opposition members and the Independents sat on one side of the room while Labor members sat opposite them. Some members were sitting beneath a portrait of the Duke of Edinburgh and a portrait of Queen Elizabeth II. Sitting beneath those portraits quite regally were the members for South Perth and Churchlands—that is, Phil and Liz! Our Phil and Liz were having cups of tea whilst sitting under portraits of Phil and Liz! I thought that was fantastic. It is too bad that we no longer have imperial honours, because Phil would have loved to be called Lord Pendal of South Perth! It is with sadness that I think of Phil today. He was very much a family person. We are going to miss him. MS S.M. McHALE (Kenwick — Minister for Disability Services) [3.14 pm]: As a former president of the Manning Primary School parents and citizens association and a former councillor of the City of South Perth, and as a member of this chamber for the past eight years, I place on record my thanks for and recognition of Phil’s contribution to this state, particularly to the City of South Perth. I met Phil in the late 1980s when I first became the president of the Manning Primary School parents and citizens association, and I socialised with him when I was a City of South Perth councillor. The sale of the Karawara land was a famous event. Phil and I had a different point of view on the matter; however, we lived to fight more battles both together and on different sides of the political fence. Phil would have watched hundreds of children graduate from all the schools in South Perth. He would have been—as I was—at many citizenship ceremonies watching people become citizens of this great nation. On their behalf, and on behalf of all the parents and citizens associations and community organisations that Phil and I worked with together during those times when I was a City of South Perth councillor, I thank him. His efforts for the local community were legion. His love of the area and his support of the many, many organisations that make the City of South Perth what it is are appreciated. I refer to matters such as the May Gibbs Trust acquisition; Phil was right in there with that process, which I think started when I was on the City of South Perth council. As a 3604 [ASSEMBLY - Tuesday, 10 June 2008] result of his love of everything to do with the history of South Perth, Phil was always there for the South Perth Historical Society. In Parliament, of course, his passion for shipwrecks was evident. Indeed, I also mention his effort and passion for archives and for the records of this state, an area which does not provoke a lot of passion. However, Phil was incredibly passionate about ensuring we had the correct legislative framework for the state and public records of Western Australia. I valued his support and guidance in constituting a good legislative framework when we were debating the then Liberal government’s legislation, and Phil and I worked very well together to ensure that we had a framework that the archivists and those who were very passionate about our state records could live with. His passion for his religious beliefs, his passion for his electorate, and indeed his passion for the Liberal Party, I think, were always there and always influenced his decisions. Above all, his passion for his family was unstinting and obviously at the heart of his whole being. He had a well-known passion for the parliamentary process, and I will often remember that phrase that only Phil used when he would admonish all of us—quite often people on this side in particular—by saying, “You will rue the day.” We would listen and think about what it was that we will rue the day we had made a decision on. I can still hear Phil saying, in that voice, “You will rue the day.” I think we all clearly rue the day that Phil passed on and we will all miss him. The thought I will leave members with in relation to Phil is, notwithstanding the many different points of view on issues such as the Karawara bushland and the pro-choice or abortion debate, which got very heated, he would be a thoroughly decent man, regardless of a member’s point of view and opinion. He would fight very strongly to get his point of view across, but when the debate was over, he was always there with guidance, with advice or with a joke. That is the mark of a thoroughly decent man and I pass on my condolences to Maxine, Narisha, Simon and Sasha, and to his gorgeous grandchildren, Luke, Russell and Ben. MR J.H.D. DAY (Darling Range) [3.18 pm]: Phil Pendal was elected to the Legislative Assembly in 1993, at the same time as I was elected, as was the case for the members for Dawesville and Hillarys. I think there were about 10 or 11 new members in this chamber at that time. As has been pointed out, Phil had previously been a member of the Legislative Council for 13 years, so he was therefore a very experienced parliamentarian who was in a position to be very helpful and to provide good advice to those of us who were new members of Parliament. Indeed, he provided that help and advice. One particular aspect I recall is that he sent a letter to me, and no doubt all the other new members at the time, after we had been elected but before Parliament started sitting in June 1993. It suggested that those of us who intended to be sworn in on a bible should bring our own bible, or purchase a new bible and bring it as a record of the occasion, and that we write in the front of it. We could then pass it down to our descendants or anyone else appropriate. That was good advice, and I took it. Phil took the processes and procedures of Parliament very seriously. He was very well aware of the traditions and the origins of the procedures that apply to members of Parliament and the operation of Westminster Parliaments. He fought very hard to ensure that the executive was truly accountable to Parliament, and applied that to governments on both sides of the political fence. His particular interest in Parliament and its importance to the state of Western Australia was demonstrated, as the member for Churchlands mentioned, through his chairmanship of the Standing Committee on Uniform Legislation and Intergovernmental Agreements, of which I was fortunate to be a member for most of its existence. Phil was keen to ensure that the sovereignty of the Parliament and the state was maintained, and he made a major contribution to this Parliament and the state through his community and parliamentary involvement, and to the Liberal Party for the time that he was a member of that party. Phil will be missed in this place and the community. He retired from Parliament just over three years ago, but he was frequently seen around here. I remember some conversations with him in the Parliamentary Library, which is probably the best part of this institution and which Phil frequented. His post- parliamentary life was all too short. I join other members in extending my condolences and sympathy to Maxine and all the members of her family. MS D.J. GUISE (Wanneroo — Deputy Speaker) [3.22 pm]: Other members have spoken eloquently about Hon Phillip Pendal, so I will make just a short contribution. Suffice it to say that Phil was a great advocate for the people of South Perth, and that he served this Parliament well. He was a true parliamentarian and staunchly defended the procedures and privileges of this place and the democratic processes. As we all know, Phil had a strong and abiding interest in our history and worked hard to ensure that it was not lost to future generations. He was one of the people who taught me that I could be more than just a politician—there is a role to play as a parliamentarian, to which we should all aspire. He was very generous in his support and recognised the task ahead of the newly elected Deputy Speaker in 2001—a member in her first term in Parliament. Phillip recognised the task ahead and was incredibly generous and encouraging in the support and advice he gave me in those early days. For those who often saw me shaking my shoulders in amusement, perhaps only the member for Churchlands recognised that that was the result of the fast wit and the pen of the member for South Perth, who would send encouraging notes to the Chair, many of which were highly amusing. I always felt I could ask any question of Phillip. It did not matter how stupid the question seemed to someone new to this place, I could ask it and he would respect me. I felt I could always rely on a well thought out and balanced response, which he gave unquestioningly. [ASSEMBLY - Tuesday, 10 June 2008] 3605

After leaving Parliament, Phil continued in public life, and he contacted my office just prior to his death. Phil had become aware that a constituent of mine will turn 100 at the end of the year, and he wanted to make sure that all the appropriate mechanisms were in place to enable my constituent to receive messages from the Queen, the Prime Minister and the Premier. We had a great conversation about that. How typical of Phillip Pendal to be still doing those sorts of things in his retirement years. He was a kind and considerate man and will be sincerely and sadly missed by us all. I offer my condolences to the Pendal family. MR R.F. JOHNSON (Hillarys) [3.24 pm]: Many good things have been said about the late Hon Phillip Pendal. Although I will not go over them, I endorse every single thing that has been said. However, I will make a short contribution because, as previously mentioned, the members for Darling Range and Dawesville, Phil Pendal and I were part of the class of ’93 that was elected to this house in February 1993. I like to think that Phil and I became good friends during the time we spent together in Parliament. I had enormous respect for Phil both before the 1993 election, during which time he helped me with environmental issues, and every day that he spent in this Parliament after that election. He was somebody whom I looked up to. Whenever Phil spoke in Parliament, I would turn and listen to what he had to say because he spoke with enormous confidence and with a commonsense that many members do not always espouse in this place. Whatever Phil said could be relied upon to be not only correct, but also absolute commonsense as thought by most decent people. Mr Speaker, with you and one or two other members I had the privilege and pleasure of being on a committee chaired by Phil; namely, the Standing Committee on Uniform Legislation and Intergovernmental Agreements. I think a couple of incidents involving members of that committee are appropriate to mention—one amusing and another perhaps not quite so amusing! I vividly remember when we travelled to the United States and lost one of our members, the late Bob Bloffwitch, somewhere in the American Senate. Phil took personal responsibility for the loss of Bob because he would often wander off. Bob was also a great member of that committee. We had other appointments at the ambassador’s residence and various other places, and did not catch up with Bob until breakfast the next morning. During that time Phil was very concerned about where Bob was in the great big city of Washington. The other, not quite so pleasant, occasion I remember was being stuck in a lift in London. Mr Speaker, you might remember very clearly—I certainly do—when you, Phil, the member for Churchlands, the late Bob Bloffwitch and I were stuck in a two-foot square lift. The size of the lift was appropriate for the number of people present but I do not think the weight of those people had been taken into account. Some of us were perhaps slightly overweight—if I may put it that way—and the lift was stuck between two floors for about 20 minutes during a London summer. There was no air conditioning in that lift and I vividly remember every one of us having sweat pouring down our faces and the air becoming increasingly valuable. Various members were almost at the point of collapse, including you, Mr Speaker. We had great concerns for one or two of the shorter members. More air was available to the taller members—namely, Phil and me—so it was not quite so bad for us, but it was an arduous 20 minutes for Bob Bloffwitch, who was very short, may he rest in peace, and you, Mr Speaker, as you are slightly shorter than I. However, as has been said, the work that we did under Phil’s chairmanship was very valuable. I appreciate the privilege it was to spend time on that committee with Phil. I concur with my colleague the member for Cottesloe in that I always felt that Phil Pendal should have been a minister in the 1993 coalition government. He certainly had done the hard yards required and he had both the knowledge and the capacity to be a very good minister. I always felt that it was a great shame that he was not rewarded in that way. I have to say that no member of this chamber can aspire to reach greater heights of integrity and principle than did Phil. Phil was a man of enormous integrity and principle, and he would not tolerate the lack of those qualities in anyone. I greatly respect Phil for that. Every single member of this chamber should try to emulate Phil when it comes to integrity and principle and the way members of Parliament should behave. We could never point a finger at Phil Pendal’s past and say that he did something wrong intentionally. Phil was a man of enormous integrity and one of the best examples of any member of Parliament to achieve that sort of behaviour and stature. It is with enormous respect that I remember Phil. I pass on my condolences to Maxine and all the family. The Parliament will certainly miss Phil, as will the greater community. MR B.S. WYATT (Victoria Park) [3.29 pm]: I too rise to speak to the condolence motion with great sadness. After listening to the various speeches of members, I acknowledge that this condolence motion is also a celebration of the contribution that Phil made not only to this chamber, but also to the other place and to the community of South Perth and Western Australia. Those who attended the funeral mass at St Columba Church would realise the broad impact that Phil had on so many people. I was six years old when Phil was elected to the Parliament of Western Australia. I had the good fortune of meeting him when I was 10 because his wife, Mrs Pendal, Maxine, was my teacher at St Columba. I was an altar boy at St Columba Church, where the Pendals were an institution. They always sat front right. I found it 3606 [ASSEMBLY - Tuesday, 10 June 2008] somewhat intimidating sitting directly in front of the Pendal institution as a year 5 altar boy. I guess it is because of that good Catholic guilt in me that I always remember him as Mr Pendal. I struggle to refer to him as Phil and to Mrs Pendal as Maxine. He was very prominent, not just in South Perth but in Western Australia not only for his contribution to the debate on the death penalty that occurred when I was 10, but also generally as the man who owned South Perth. As a young student in South Perth, I found him very intimidating until I finally got to meet him. In the book that he wrote and released recently entitled Parliament: Mirror of the People?, he referred to my election and my quality education. No doubt that was a bit of a plug for Mrs Pendal, who taught me so long ago in year 5. It was certainly with great sadness that I learnt of Phil’s passing, well before his time. Phil was very good to me when I was elected as a new member of Parliament. He called me and met with me regularly to offer me advice. One of the bigger files that I still have in my office is simply titled “Phil Pendal”. It contains a mixture of eclectic issues and the concerns of people in my electorate that Phil brought to me over the two years since I became a member. He will keep me very busy for the next couple of years. The member for Central Kimberley- Pilbara referred to the fact that Phil liked to have the last word. That will certainly be ringing in my ears as I continue to work on the Phil Pendal file in my office. When I spoke to Phil about these issues—I again come back to that Catholic guilt—it was like coming back to a headmaster that I had at school, who was very generous and open. As many members have said today, Phil was very good with new members of Parliament. They felt they had somebody to bounce ideas off and question about procedures. I was not fortunate enough to have been in this place while Phil was a member of Parliament but his impact has been deep, thorough and wide. I want to refer to the eulogy given by Simon at the church last week. When Phil passed, Simon was holding Phil’s hand and looking at his watch. Noticing that it was still ticking, he was reminded of the relentless fact that time marches on and we all deal with tragedies in our life. It is very appropriate that today our clock pauses while we all acknowledge Phil and the enormous impact he had on so many people. He was somebody I have known for a long time and for whom I have deep respect. To Simon, Narisha and Sasha; to Russell, Luke and Beck; to Oscar and Mayr; to all the Pendal family; and to Maxine, my teacher, I offer my deepest condolences. It was certainly with great interest that I heard today about the Select Committee on Ancient Shipwrecks. It is probably about time that a new committee was formed, because I dare say that a few more ancient shipwrecks will deserve some parliamentary attention in the upcoming year or so. My sincere condolences to all the Pendal family. DR J.M. WOOLLARD (Alfred Cove) [3.35 pm]: I add my condolences to those already extended to Maxine and the Pendal family. When I decided to run for Parliament, it was Phillip Pendal and Liz Constable to whom I went for advice, and they gave me great advice. In fact, when I won the election, I phoned Phillip, and I remember saying to him, “Phillip, I planned a holiday to go and see my parents, because I didn’t expect to win the election. Where do I put in my form for leave?” He said, “Janet, you’re a member of Parliament now. Come and see me when you get back. Go and see your father and your family. When you come back, the work will be there waiting for you; but don’t worry about the work. I’ll help.” He did help. For the whole time I have been in this place as a member of Parliament, he had been my mentor. I would listen to the debate on both sides of the house, particularly when the government made promises about what it would do. I would then go outside and have a chat with Phillip. I would say, “I agree with what the government is saying on this issue, but I agree with the opposition on this other issue.” He would sit there and be my sounding board. He would not try to direct me one way or the other. He would let me express my opinions about what was being said in the house, and then I would come to my own conclusions. He was a wonderful person. The member for Kenwick mentioned that one of his sayings was “rue the day”. However, one of his other sayings was that the opposition will have its say but the government will have its way. I can still remember him standing in this place and saying that on many occasions. For me, that was saying, in effect, “Speak on the things that you believe in, but accept that the government has the numbers; so do your best on an issue and then move on.” Therefore, I always tried, and I still try, to put my issues to the government. I know that often they may not be opinions that the government agrees with. However, even if I am not able to sway debate on the day, I hope that people will listen and think about what I said when the issue comes up later. Phillip was a wonderful member of Parliament and a wonderful person. When he died, I thought of all the support he gave me. Personally, it was very sad to see him taken away from his family when he was so young. I thought about the fact that he had worked in this Parliament and for his community for a long time, and it was sad to think that he would not have time with Maxine and with his children and grandchildren. I am pleased to be able to stand here today and acknowledge the contribution that he made to this Parliament and to the community. I am very sorry that the family has lost such a wonderful father and grandfather and, for Maxine, such a wonderful husband. MR M.P. WHITELY (Bassendean — Parliamentary Secretary) [3.39 pm]: To me Phillip Pendal embodied the essence of a true parliamentarian, and he added enormous value to this place. I always listened to him when he was on his feet—something which I can say about too few members of Parliament—and I did so because he [ASSEMBLY - Tuesday, 10 June 2008] 3607 was always worth listening to. He not only had the gift of the gab, but also spoke with that rare combination of style and substance. His intellect and determination were obvious, but there was never a hint of arrogance. I particularly appreciated Phil’s self-deprecating sense of humour. Phil took many things seriously but never himself. I frequently had discussions with him about issues, often shared a joke and sometimes even asked for his advice, and he was very free with advice. As the member for Southern River said, although Phil referred to us and other members of this place as members of the vegie patch, as I got to know Phil I referred to him as “Lord Pendal”. It was a light-hearted reference to both his longevity in this place and the fact that he had spent considerable time in the Legislative Council. However, I hope he also understood that there was a slightly reverential tone in my use of the term “Lord Pendal”. The honourable—in every sense of the word—Phillip Pendal belonged in this place, he added value to this place and this place is better for him having been a member. To his family, Maxine, Sasha, Simon, Narisha and his grandchildren, I offer my deepest sympathy, and also to his brother Terry, with whom I played football many years ago. I also congratulate his son Simon for the extremely moving and at times very entertaining eulogy that he delivered at his father’s funeral. I knew Phil in this context, but after Simon’s incredibly moving eulogy I came away from that funeral feeling that I knew Phil even a little better. I, like thousands of others, both liked and respected Phillip Pendal. He was a very warm, genuine, intelligent, principled man, and he will be sadly missed. MS A.J.G. MacTIERNAN (Armadale — Minister for Planning and Infrastructure) [3.41 pm]: I rise to add to the many excellent commentaries that have been made in this place today. I, as someone who over a number of years engaged in a great deal of robust debate with the member for South Perth, want to place on record that, notwithstanding that, I felt very fondly towards the member for South Perth. He was certainly someone who was capable of some very robust debate, and of being a bit of a bomb-thrower as well! In some of the commentaries today he has been presented as a saintly figure. Although he was a person of great integrity, he was certainly very capable of getting in there in the hurly-burly of the Parliament. However, I guess at the end of the day the very impressive thing about the member for South Perth was that he actually did care about the argument. It was not just about winning the battle; it was about the substance, and that is emblematic of the person that Phil was. I have to say that I have been incredibly impressed by the obvious depth of the relationship that he had with very many members of Parliament and in the role that he played as a mentor and as a senior statesperson within the Parliament. I also want to compliment him on the way he moved into a post-political career and found a very valuable role in which he used the great experience he had developed while part of the political process to make a further contribution. Many members could learn from Phil about how to move out of politics and still play an important role in the community in a very constructive way. I want to say to his family that at Phil’s requiem mass I was very moved by the great emotion and the great love that obviously came from all members of his family, a dimension that I was not previously aware of. I also pass on my deepest condolences to the family, but what a great thing to have lived through. MR M. McGOWAN (Rockingham — Minister for Education and Training) [3.44 pm]: I pass on my regards to Phil’s family and I make a few brief remarks. When I first arrived in this place at the end of 1996, early 1997, I sat approximately where the member for Cottesloe sits now. The member for South Perth, Phil Pendal, sat approximately where the member for Avon sits now. When I was a younger member, he always seemed to strike me as a glowering, loud person with a booming voice and many views about many things. He always had a parliamentary persona that was forceful; his manner initially struck me, as an early member of Parliament, as being angry. In those days I was in opposition. There were two Liberal Party members and two Independent Liberal members sitting on the opposition side because there were so few parliamentary Labor Party members at that time. Phil used to hurl his language across at the government and at the person who sat where the member for Armadale now sits—I think it was the then member for Alfred Cove. In the strength of delivery of his debate, he would not make any distinction between Labor Party or Liberal Party members; he had his views and he would take them up with whoever he was debating. Four years later I was sitting on this side of the house, and he again was sitting in that position. He had the same approach, which was very forceful and was particularly aimed at the then Premier, the member for Victoria Park, Dr Gallop. I think they had a special relationship because they had adjoining electorates and had both been in Parliament for a long time. Both of them were quite intellectual men; Phillip came from a background that was conservatively Catholic but underpinned with a social justice streak, whereas Geoff’s background was more attuned to social justice, and they would argue. My impression of him as being angry was wrong. He was a friendly and decent human being, and in conversation with him I found him to be a very nice and at times very gentle man with a wide range of interests. His approach to politics was conservative and Catholic, and he was always dedicated to the idea of service. When one would drive down Canning Highway, one would see his office on the northern side. There was a full- length photo of him wandering along, wearing a suit, with the words, “Phil Pendal—At Your Service”. I always thought, “I wonder where I can get one of those? I wouldn’t mind one of them in my electorate office!” It was a 3608 [ASSEMBLY - Tuesday, 10 June 2008] very old-style approach; he promoted the—I suppose very 1950s, conservative—notion that he was there to serve the community, and that is what summed him up in that sense. I am sure it was a source of huge disappointment to him that he did not become a cabinet minister in 1993. I was always a bit confused by that. He always seemed to be a forceful debater. The story always went around that he had won over the environmental movement in 1993, which was something that had never before been done by the Liberal Party. It was also said that he had written the Liberal Party environmental policy, which was passed on to me by some of my colleagues—Bill Thomas and so forth. It was an extraordinary environmental policy, written before the election, but he did not become a minister. I always thought it was a failure on the part of Richard Court not to make Phillip a minister. It was the wrong decision; it may have added something to that cabinet that may have resulted in subsequent history, and Richard Court’s future, turning out differently. I always found it to be a strange decision, in view of the fact that Phillip had been Sir Charles Court’s press secretary. I never understood and still do not understand why that happened. I am sure it was a source of great disappointment for Phillip, but he never said anything about it. One never heard him raise the matter or behave in a disappointed fashion. He always carried himself with a certain sense of dignity. He had many interests. People talk about his historical interests, and built heritage was one of his interests. About 10 years ago, when I was shadow Minister for Heritage, I had lunch with Phillip, Bill Thomas and Adrian Fini, to discuss the old Treasury building on St Georges Terrace. That was an interesting combination—Bill Thomas, Adrian and Phil Pendal. Funnily enough, they had many things in common, including an interest in the history and heritage of Perth. It was quite an interesting event. Phillip told me how huge mistakes had been made with the destruction of many of the historic buildings in Perth. He told me in particular, as I had not grown up in Perth, about St Georges Terrace. He claimed that St Georges Terrace was one of the great boulevards of the world, because it had so many beautiful historic buildings, and he said it was a tragedy that so many of those buildings had been knocked down. As I recall, he actually compared St Georges Terrace with the Champs Élysées in Paris. I thought that might have been a slight exaggeration, but he certainly had a love of those sorts of historic buildings. He had a particular love for the old Treasury building. He advised me that the Premier’s office had once been located in the basement of that building, and the Premier used to make himself available if someone knocked on his door at any time. Phillip had a deep love of the city of Perth and Western Australia. I pass on my sincere condolences to his family. DR K.D. HAMES (Dawesville — Deputy Leader of the Opposition) [3.50 pm]: I will be brief. As has been mentioned earlier by other members, Phil Pendal came into the Legislative Assembly in 1993. I also came into the Legislative Assembly in 1993. When I came into Parliament, Phil was already an old hand. In the lead-up to the 1993 election, Phil gave us an enormous amount of advice as new members. We were the vegie patch at the time, or what is known as the mushrooms—keep them in the dark and feed them you-know-what! We had a great association with Phil in those days. There is a story behind why Phil did not become a minister. I will not tell that story, but it is a simple story, and the internal politics on both sides of this place would help members understand the reason behind it. That was a great disappointment to me as a new backbench member. Phil’s environmental policy was outstanding, and everyone knew it was outstanding. Everyone expected him to become the Minister for the Environment and to put in place the policy that he had spent so much time and effort developing. One of the great disappointments in Phil’s life was that he did not have the opportunity not just to become a minister—everyone aspires to become a minister—but to put in place those great environmental policies that he had developed. It is interesting that when Phil became an Independent, he took over my office. I had a little office at the other end at the building, right down at the bottom level. Of course we all had to share offices at the time. Phil had been sharing an office with Mr Smith, the then member for Wanneroo. Several members interjected. Dr K.D. HAMES: Members can chuckle at that, for good reason! After the events at the time, I was quite pleased to move to another room, so a deal was done in which I moved out and Phil took over the office. It was an austere, boring little room, with no windows, and only a bit of furniture. When I went back to visit a week after Phil had moved in, there had been a total transformation of the room. There was deep plush carpet on the floor, there were mats, and there were antiques. What he had done to that room in such a short space of time was magnificent. It was not as though he had a lot of money to lavish on all this stuff; it was just that Phil liked things to be right. He liked the finer quality things in life, like a glass of good red, as I do. He appreciated a good wine. He liked things to be done in the right way. His whole life in Parliament was like that. That was the whole tenor of his life. All members on this side of the house have enormous respect for Phil, as do all members on the other side of the house. It was great to see at the funeral service in Fremantle the Premier and the Minister for Health, and so many other members, from both sides of the house, both past and present, federal and state. Unfortunately I could not go to the church service. I am sure many more members attended that service. [ASSEMBLY - Tuesday, 10 June 2008] 3609

We will miss Phil. It was very sad that Phil passed so early. It is one of my intentions to ensure that we have better screening available to prevent occurrences like this at such an early age—to ensure that people such as Trevor Sprigg and Phil Pendal do not die of heart complaints at such a young age. A lot more can be done to prevent that happening in the future. I intend to ensure that the opportunity is there for members of Parliament to do what they can to prevent things like this from happening in the future. I think, because of what happened to Trevor and Phil, it is imperative to ensure that we resolve to stop such tragedies occurring in the future. To Maxine and to your family, you have our greatest sympathy. Phil will live long in our minds and hearts. MS J.A. RADISICH (Swan Hills — Parliamentary Secretary) [3.54 pm]: The theme of today’s condolence motion is very clear—Phil was a great man and a great parliamentarian. There has been a lot of talk today from colleagues about the differences between a politician and a parliamentarian. I think that for a politician, the primary care or motivation is power; for a parliamentarian, the primary care or motivation is about people. I certainly think that Phil Pendal falls in that latter category. By that standard and by any other that could be applied, Phil was a tremendous parliamentarian. Other colleagues have talked about the advice that Phil so willingly and freely offered to anyone around the chamber on any matter, and that it would be kept in confidence. I was certainly offered advice, sometimes upon request and sometimes not, by Phil from time to time over the years. I found him to be extremely encouraging and supportive, which was particularly valuable for me as a very young member elected to this place. One thing that has stuck with me for the past eight years is that right after my inaugural speech, I went outside with my mum and dad and Phil made sure that he came up to introduce himself to my parents, to talk to them and to talk to me. For the remaining time that we spent here together, Phil always inquired about my mum and dad—to ask how they were. When I was sick, he was always keen to know how I was, and, when I got better, he always wanted to know, like the ad says, whether I was looking after myself! I might have had to fabricate the answer to that latter question over time, but certainly if there was any time that I needed any support or encouragement in any way, I could look to “Uncle Phil” and sometimes even his partner in crime, “Aunty Liz”, and know that they would be more than willing to share their years of experience in this house and their care and concern for us as people, not as Labor, Liberal or Independent politicians. That certainly means a lot to me. I am very sad that Phil has gone and has gone so early, and I would like to pass on my respects and condolences to the Pendal family. MR R.C. KUCERA (Yokine) [3.57 pm]: I want to speak only briefly because most of it has been said. I first met Phil Pendal when I was a detective sergeant in charge of South Perth detectives. It always surprised me, firstly, that we had detectives at South Perth, until I met with Phil! According to Phil, when he was asking for resources, South Perth was akin to the Bronx and never ever had enough police! There was always a huge fight. I recall that he wanted the police station declared a heritage building and was determined to get a police station built in Kensington. I am very pleased to see that he eventually got his wish, in partnership with Geoff Gallop. There was a bit of underpinning there. I next met Phil when my daughter was attending Mercedes College. I think Sasha will recall that. Phil dropped me in to Sister Assisium to be the bouncer at the annual balls there. I do not know whether I would have been more terrified of Sister Assisium or Phil if one of the Trinity boys had managed to get to one of the Mercedes girls! I am happy to say it never ever happened, or not that I know about! My daughter assures me it never ever did. Phil and I saw each other many times after that in my role as a police officer, but my first experience with Phil in this place was on my very first day. Members may recall that in 2001, when I was sworn in as a parliamentarian, I also took my place as a minister, and never have I been prouder. The only thing I was terrified about was that nobody was to ask me a question on the first day; otherwise, that became my maiden speech! Phil chiacked me all the way up to question time because he was determined that that would be my maiden speech. Afterwards we talked about it. We also talked about the way that he debated. Members may recall that when I was Minister for Health, a baby died in an ambulance and Phil stood and harangued me across the chamber and accused me of having blood on my hands. I was mortified that this would happen. I walked out of the chamber at afternoon teatime and while I was having a cup of tea, Phil came up to me and said, “G’day, Bob.” I said, “Phil, you’ve just demolished me”, and he said, “It’s only theatre. Never forget that the chamber is only theatre. The real politics takes place out here where we can talk to each other.” I never forgot that. Phil was a parliamentarian; he was not a politician. He gave me, as an individual, enormous advice along the way. If I ever had a problem or a parliamentary issue, I would go to either Phil Pendal or Max Trenorden, not to members on my own side. Those two people had more knowledge of Parliament than anybody I know. I am not talking about the day-to-day stuff; I am talking about the history and structure of Parliament. We and the Parliament and the Westminster system have lost a great champion with the death of Phil Pendal. Individually, we have all lost a friend, but his family has lost so much more. To Maxine and her family, I am happy to have said what I have said. It has all been said already. Rest in peace, Phil. 3610 [ASSEMBLY - Tuesday, 10 June 2008]

MS S.E. WALKER (Nedlands) [4.01 pm]: I would like to speak very briefly on this condolence motion and to pay my respects to Phil. I would like to record my thanks to Phil Pendal, the former member for South Perth, and the member for Churchlands. On my first day in this place when the chamber was reconfigured, those two people came up to me and smiled at me and said, “Congratulations.” I remember that clearly and distinctly. I would like to place on record my thanks to Phil. I sought Phil’s advice on a couple of matters over the years, and I would like to place on record my thanks for that advice. He was a passionate man. He was considered in his thinking. He was across issues in this chamber. He was a man of conviction. He was honourable and decent. He would never in my view have been capable of doing anything shady. The reason that he never had a ministry has been tiptoed around, but perhaps two words could settle that. He was shabbily treated. He was a sharp and witty interjector. In my view, he brought a balance to the debate, as did a couple of other people, during the opposition’s and the government’s forays with each other. I respected the work he did and his contributions to debates, and I always listened to him. I wanted to put that on the record and to pay my condolences to his family. THE SPEAKER (Mr F. Riebeling): Before I ask members to support this condolence motion, I, too, wish to make a short contribution to the debate. It is quite plain from what everyone has said today that Phillip had a passion for both Parliament and the history of Parliament and Western Australia. He was actively involved in the Parliament: Mirror of the People? and the House to House publications. He had a collaboration with both David Black and Harry Phillips that goes back many years. I note that both those gentlemen are in the public gallery today. In fact, Phillip was a foundation member of the Parliamentary History Advisory Committee dating back to 1984. I met Phillip on a number of occasions before taking on this particular role. I think Phillip probably did not enjoy a great deal the first couple of those occasions. The first time I came across Phillip was during the by-election for the seat formerly held by Pam Buchanan. The by-election was caused by the rise of Carmen Lawrence and the demise of Pam Buchanan from the ministry, who then became an Independent. She then suffered ill health and eventually passed away. Phillip, of course, was the right-hand man of Barry MacKinnon, who was the then Leader of the Opposition, and was the organiser of numbers for the then Leader of the Opposition. Barry was the Leader of the Opposition when I successfully held the seat for Labor at that by-election. A number of times after that Phillip told me that when the results came in that night, it was the end of Barry McKinnon’s leadership, and, as a consequence, the end of Phillip’s ministry aspirations. We might not know what really happened yet. However, because of his love of history, some six weeks ago Phillip completed an oral history of Parliament, which will be released before the end of this year. We will probably find out what he thought was the reason that he did not get the environmental ministry when the conservatives came to power. The next time I bumped into Phillip was on that famous day of the first meeting of the then Public Accounts and Expenditure Review Committee. I had heard that Phillip was about to become the chairman of that committee. Clive Brown and I, not used to being in opposition, decided that Max Trenorden, and not Phil Pendal, would be the chairman of that committee. I noted the look of horror on Phil’s face when I nominated Max Trenorden for the role. I think Phillip’s membership of that committee was the shortest of any member of that committee’s in the history of this Parliament, because he left immediately and resigned from the committee. Shortly thereafter I noted another look of horror on Phil’s face when he and I were on the then Standing Committee on Uniform Legislation and Intergovernmental Agreements. Phil put his name up for chairman of that committee. I did not have the numbers; therefore, Phillip became the chairman of that committee, which travelled extensively. It was in the bad old days when committees travelled round the world. That practice has since stopped. Phillip was a very good colleague and, even after all the ills that I bestowed upon him as a result of my actions, in the end I think he was a great friend of mine. I hope he was. I was instrumental in making sure that, because of his contribution to history, Phillip was declared a Parliamentary Fellow, one of only four Parliamentary Fellows of this Parliament. The good thing about Parliamentary Fellows is that once they are appointed they are paid very little, but we expect a great deal from them. Phillip gladly took on the role of a Parliamentary Fellow of this Parliament. Phillip played a key role in the prolonged abortion debate in this Parliament, which became a battle. I happened to hold diametrically opposed views to Phillip and by the end of the debate I admired his skills in being able to put his point of view when, clearly, he did not have the numbers in this Parliament. It was a debate that left this Parliament scarred for a long time. I am pleased to say that our friendship endured through that. It is sad for me to stand here and speak about a person who should not have passed away at 61 years of age. It is just too young for a person who still had so much to offer to Western Australian society. Western Australian society is somewhat less rich now that Phillip has left us. To Maxine and family I offer my condolences. I truly liked him and I think Phillip shared in his love of all members of Parliament. I ask members to rise and support this motion by observing a minute’s silence. Question passed, members standing. [ASSEMBLY - Tuesday, 10 June 2008] 3611

LEGISLATIVE ASSEMBLY — SEATING ARRANGEMENTS Statement by Speaker THE SPEAKER (Mr F. Riebeling): I wish to advise members that I have approved a seating change to allow the member for Yokine to be relocated within the chamber. MEMBER FOR YOKINE Resignation from Australian Labor Party — Personal Explanation MR R.C. KUCERA (Yokine) [4.10 pm]: It is with a deep sense of regret and disappointment that I have tendered my resignation from the Australian Labor Party, effective from midnight, 19 May 2008. I intend to remain in Parliament as an Independent member for the Legislative Assembly seat of Yokine. It is clear that the state branch of the Labor Party no longer sees that I have a future role. Therefore, I feel it only right that I take my principles with me and sit on the Independent benches for the remainder of this term, whilst I contemplate what I should do for the most important people in this equation—those who elected me to represent them. In the meantime, and in the future, I am determined to make sure that they are not taken for granted. The continued support of my family, and in particular my wife, Susan, is a joy, as is the absolute loyalty and support my staff have shown me during the past months. They are also loyal Labor Party members, so it has become increasingly difficult for them, especially when their future with the Labor Party, and in some cases their continued employment, has been challenged, should I stand as an Independent, and they choose to remain with me. To many in this place, politics is seen as simply a game. To me it is a privilege to be earned and guarded jealously. If we allow the twin notions of local electorate representation and the acceptance of responsibility by elected members, particularly ministers of the Crown, under a democratic Westminster system to be undermined, then we threaten the very fabric of our society. The various revelations during the past 12 to 18 months have demonstrated that there is cause for concern. Finally, Mr Speaker, I thank you for your understanding in this matter and the assistance of all parliamentary staff, in particular Peter McHugh, the Clerk of the Legislative Assembly, as I embark on the next phase of life’s colourful journey. May I leave a number of my Labor colleagues with the words of Martin Luther King — In the end, we will remember not the words of our enemies, but the silence of our friends. APACHE ENERGY GAS PLANT EXPLOSION Statement by Premier MR A.J. CARPENTER (Willagee — Premier) [4.13 pm]: One week ago today, on Tuesday, 3 June, Apache Energy sustained a total loss of production from the Varanus Island natural gas plant. I am sure that my parliamentary colleagues will join me in saying that we are all truly grateful that there was no loss of life or injury associated with the explosion that caused the shutdown. Let me be clear and unambiguous about this: I consider this to be a very, very serious situation that we face. The failure has resulted in an approximately 30 per cent reduction in available pipeline gas right now. Apache has advised me that restoration will take months, not weeks or days. Our government is extremely concerned about, and committed to, the welfare of the entire state. At this moment the most affected group is our business sector, both large and small. We understand that standowns in certain industries are already happening, families and individuals are therefore being directly affected and business owners are facing very difficult decisions. We are proactively engaged in managing this situation. I convened, over the weekend, an industry roundtable of key stakeholders from government and industry who together have the knowledge, expertise and commitment to minimise the negative consequences of the reduction by 30 per cent of gas from our supply. The purpose of this first meeting was to gauge, as accurately as possible, the current situation and to decide on the best way forward. I then created the Gas Supply Coordination Group, which is led by the Office of Energy, which will have carriage of the situation going forward. This group met last night for five hours. It will meet regularly until the situation is stabilised. We have been communicating with the federal government and I have spoken personally with the Acting Prime Minister. I have today also sent a circular to the public sector encouraging agencies and staff to reduce their use of energy. Additionally, I am encouraging agencies to communicate directly with the Office of Energy with regard to potential impacts on essential service delivery. As a result of the state’s diversified energy portfolio, the current impact of a loss of energy to the state of this magnitude has been minimised. The protracted nature of the problem, however, means that we need to be vigilant in ensuring continuity of supply of energy according to guiding principles established and agreed to by the working group last evening: firstly, to protect the health, safety and property of the community; secondly, to minimise broad community disruption; and, thirdly, to minimise economic impact. The state government, through the Office of Energy, will take a leadership and 3612 [ASSEMBLY - Tuesday, 10 June 2008] coordination role dedicated to implementing a plan to achieve these three outcomes. I have undertaken to be regularly briefed by this group and in turn to be candid, forthright and direct with the people of Western Australia. I repeat: the situation is very serious and we are together rising to meet the challenges. MS ANNE NOLAN Statement by Premier MR A.J. CARPENTER (Willagee — Premier) [4.15 pm]: I would like to inform the house that Ms Anne Nolan has been appointed to the position of Director General of the Department of Industry and Resources. Ms Nolan has been appointed for a five-year term and will commence on Monday, 7 July 2008. As the 2008-09 budget demonstrates, our government is investing in infrastructure to build a better future for all Western Australians. This includes building economic infrastructure to fuel the economy. Our economy has never been stronger and our potential is unlimited but we need to think for the long term. Western Australia today is more than just a resources economy. While the mining and oil and gas sectors continue to drive our prosperity, we are building other strengths like never before, such as in marine and defence manufacturing; high tech innovative industries; renewable energy; science and innovation; and, very importantly, the creative industries. The role of Director General of the Department of Industry and Resources is critical to the future of this state. I am delighted that Ms Nolan has agreed to take on this important challenge. Ms Nolan is well credentialled for the role. She is currently the Deputy Director General of the Department of the Premier and Cabinet and works closely with me on leading the state’s Council of Australian Governments agenda. Ms Nolan has extensive experience leading public sector agencies, including roles as the chief executive officer at the Independent Market Operator and as the Coordinator of Energy at the Office of Energy. Ms Nolan also held a number of senior positions at the Department of Treasury and Finance, including the role of Assistant Under Treasurer (Economic). Ms Nolan also holds a Bachelor of Economics (Honours) and a Master of Economics, both from the University of Western Australia. Working closely with me as the Minister for Trade; Innovation; and Science, along with the Minister for State Development and the Minister for Resources; Industry and Enterprises, Ms Nolan will be an asset to this important area of state government. It is of note that Ms Nolan’s appointment marks the continued advancement in recent times of impressive professional women in the Western Australian public sector. I also congratulate Ms Susan Barrera who has been recently appointed as the Director General, Department for Communities, along with Allanah Lucas as the Director General, Department of Culture and the Arts, and Jennifer Mathews as Director General, Department of Local Government and Regional Development. These important appointments herald greater participation of women in leadership roles in our state. It is appropriate that women have a significant role to play in leading our Western Australian public sector. As I have stated in the past, I am a firm believer that a diverse public sector is a strong public sector. I am confident that Anne Nolan will bring great focus to her new role, and I wish her and the staff of the Department of Industry and Resources great success. I thank Stuart Smith who has been the Acting Director General in the interim period. NATIVE TITLE — NGAANYATJARRA PEOPLE Statement by Deputy Premier MR E.S. RIPPER (Belmont — Deputy Premier) [4.18 pm]: Last week I attended a celebration for Western Australia’s twenty-second native title determination, giving legal recognition to the native title rights and interests of the Ngaanyatjarra people over an additional 1 428 square kilometres of central desert land. The determination completes a long and difficult journey for the people of the Ngaanyatjarra lands; a journey that began 30 years ago when they sent a delegation to Perth to lobby for a return of their traditional lands. Now, the entirety of the Ngaanyatjarra lands have been determined and the native title holders will enjoy exclusive possession native title rights over the majority of the determined area and non-exclusive possession native title rights over the Warburton Range stock route. Australian law recognises that the people of the Ngaanyatjarra lands hold the native title rights to enter and remain on their land, to take fauna, flora and other natural resources and to care for, maintain and protect their country. The people of the Ngaanyatjarra lands now hold native title over approximately 169 000 square kilometres of land near the tri-state border. This is the largest determined native title area in Australia. To my personal satisfaction, the resolution of this claim came about solely through negotiation and the goodwill of the parties involved. Our policy of resolving native title through negotiation rather than litigation is vindicated by the 14 consent determinations that have been finalised since 2001. As government, we represent all Western [ASSEMBLY - Tuesday, 10 June 2008] 3613

Australians with interests in the same land. We have worked hard to build and retain the confidence of Western Australians in the integrity of the government’s processes and negotiations for a determination of native title, and this effort now supports a regular flow of consent determinations. Later this month I shall be attending the Birriluburu native title determination. This comprises land north east of Wiluna in the central desert region of Western Australia. The application includes part of the Canning stock route, two reserves, 12 mining interests holding a total of 33 exploration licences, and one general-purpose lease for the use and benefit of Aboriginal inhabitants and vested in the Aboriginal Lands Trust. A total of more than 800 000 square kilometres of Western Australian land will be covered by determination of native title when this determination is ratified. Substantive negotiations over eight other applications will be finalised in the next 12 months. This will mean that an additional 164 000 square kilometres of land will be added to determined native title land. Native title rights are now delivering significant benefits to Aboriginal people in Western Australia. It is our dual task to press on to resolve native title and to ensure that it translates into economic and social benefits for native title holders. OAKAJEE PORT — PREFERRED PROPONENT Statement by Minister for Planning and Infrastructure MS A.J.G. MacTIERNAN (Armadale — Minister for Planning and Infrastructure) [4.20 pm]: At the commencement of the Oakajee port request for proposals process I expected to be in a position to announce the preferred proponent by the end of June 2008. I am advising Parliament today that the target date for naming the preferred respondent to the RFP will now be the end of July so that the evaluation teams can thoroughly analyse all the information that has been furnished. The original six-week evaluation time has not been sufficient to thoroughly analyse the complex technical information. It has been necessary to seek additional information from both nominated infrastructure providers. This has required us to extend the assessment period to ensure that both respondents are treated fairly, and government gets the best outcome for Western Australia and the resource industry. I am confident we can make a decision by the end of July and nominate the preferred proponent for building the port at Oakajee. This extension of time is unrelated to the recently proposed merger between Murchison Metals Ltd and Midwest Corporation or Sinosteel’s proposed takeover of Midwest Corporation. I am writing today to Midwest Corporation, Yilgarn Infrastructure, Murchison Metals Ltd, and Oakajee Port and Rail and advising them of the new target date for the decision. CORRECTIVE SERVICES ADVISORY COUNCIL Statement by Minister for Corrective Services MS M.M. QUIRK (Girrawheen — Minister for Corrective Services) [4.22 pm]: I advise the house of the establishment of a Corrective Services Advisory Council. The council will provide an external source of expert community and client-oriented advice that is independent of other interests related to the delivery of correctional services in Western Australia. It is intended that the advisory council will complement the information and advice provided by the Department of Corrective Services, client and service delivery organisations. The terms of reference for the advisory council are: to raise issues relevant to corrective services, including matters that affect or are likely to affect offenders or their families, the ability to reduce recidivism and to successfully reintegrate offenders into the community, the balance of community safety and offender rehabilitation obligations and public perceptions of corrective services; to provide advice on research, experience and community opinion relevant to positioning corrective services in Western Australia to meet current and future demands; to comment on strategic initiatives and reports relevant to the development of corrective services or that may otherwise significantly impact on the delivery of corrective services; and to present an annual report to the minister on the activities, achievements and concerns of the advisory council. The council comprises individuals who have extensive knowledge and understanding of the criminal justice system and offender management issues and what works in the reduction of offending. Ms Rosemary Hudson Miller, associate general secretary of the Uniting Church’s justice and mission division, has accepted the position of chair, and the following individuals have accepted the invitation to join the advisory council as its inaugural members: Mr Wayne Johnson, CEO Bega Garnbirringu Health Services Aboriginal Corporation; Mr Dennis Eggington, CEO Aboriginal Legal Service; Ms Louise Gray, general manager, Extra Edge Community Services; Dr Dorothy Goulding, research fellow, restorative justice unit, Murdoch University; Mr Christopher Camwell, manager, Youth and Community Services YMCA; Professor Neil Morgan, faculty of law, University of Western Australia; Mr Ken Steele, chair, State Forensic Mental Health Advisory Council; and Mr Terry Quinn, executive officer, Australian Catholic Social Justice Council. The advisory council is completed by the ex-officio membership of the Commissioner of Corrective Services, Mr Ian Johnson. The experience and expertise of this group of Western Australians will contribute immeasurably to the development of policy and improving the dialogue on corrective services issues. 3614 [ASSEMBLY - Tuesday, 10 June 2008]

WASTE AUTHORITY Statement by Minister for the Environment MR D.A. TEMPLEMAN (Mandurah — Minister for the Environment) [4.25 pm]: I inform the house that a new waste authority has been established under the Waste Avoidance and Resource Recovery Act 2007, which received royal assent on 21 December 2007. The Waste Authority will play a crucial role in providing a strategic direction and in setting the priorities for waste management in Western Australia. One of the main early tasks of the Waste Authority is to develop a statewide long-term waste strategy for the continuous improvement of waste services and waste avoidance and resource recovery. This will include the setting of targets for waste reduction and resource recovery and the diversion of waste from landfill. The Waste Authority will have an important role to play in advancing product stewardship and extended producer responsibility in Western Australia. These are new and innovative approaches to addressing the proliferation of product waste in our community. The Waste Authority will also work closely with local governments to coordinate local efforts to prevent and reduce waste. Local government is a vital partner and its front-line role is critical to achieving success in moving towards producing zero waste in Western Australia. The chairman of the Waste Authority is Mr Barry Carbon, who was a consultant and former chairman of the Waste Management Board, and the former chairman of the Environmental Protection Authority; the deputy chairperson is Ms Jan Grimboldy, who was a consultant and is a retired local government CEO; and the other members of the authority include Ms Carolyn Jacobson, who is a member of the Murdoch University Senate, a member of the Swan River Trust, and a former member of the Waste Management Board; Mr Marcus Geisler, president of the Waste Management Association of Western Australia and general manager of Theiss Services Pty Ltd, western region; and Professor Paul Hardisty, global director of sustainability and EcoNomics for WorleyParsons Ltd. The Waste Authority replaces the former Waste Management Board. The Department of Environment and Conservation will provide technical and executive support to the authority. Finally, I place on the record my sincere thanks to the previous members of the Waste Management Board for their tireless work and efforts during its duration. QUESTIONS WITHOUT NOTICE APACHE ENERGY GAS PLANT EXPLOSION — POLICY ON GOVERNMENT RESPONSE TO MAJOR EVENTS 267. Mr T. BUSWELL to the Premier: Given the obvious disruptions to Western Australia’s gas supplies that occurred firstly in January this year and the subsequent significant disruptions to supplies caused by last week’s explosion and fire at Varanus Island, I ask — (1) Which specific policy, protocol or plan guides the government’s response to these major disruptions? (2) How was the government’s response to last week’s explosion guided—if at all—by the government’s April 2007 document “Western Australia Critical Infrastructure Protection Framework”, which apparently focuses not only on protecting infrastructure from a terrorist attack, but also considers security supply and business continuity issues? (3) How prepared is the government to deal with another major disruption to critical supplies of energy given that these emergencies appear to occur more regularly than the once-in-25-years assertion previously made by the discredited Minister for Energy in April this year? Mr A.J. CARPENTER replied: (1)-(3) Firstly, I thank the industry representatives who have responded so collaboratively and cooperatively to this very serious issue that we face. I am very grateful that all parties in the industry have come together and recognised that the problem can be resolved only by cooperation and clarity of information. That is the fact of the matter. I am very grateful to our energy providers, users, consumers and distributors, including Western Power. I anticipated that we would discuss this issue during today’s matter of public interest motion. However, the MPI has been delayed until tomorrow because of the condolence motion for Phil Pendal. I will organise the briefing that the Leader of the Opposition has sought either this afternoon or this evening. Despite what the Leader of the Opposition just said, I appreciate his comments about taking a bipartisan approach to this matter. That is the space that we are in. We are lucky to be in the good situation of having a diversity of energy in Western Australia. Actually, it is not really luck; rather, it is the result of a lot of hard work of governments in the 1970s and 1980s to diversify the state’s energy portfolio. The objectives are simple; namely, to encourage and facilitate the provision of secure, reliable and sustainable energy services at competitive prices. I anticipated that [ASSEMBLY - Tuesday, 10 June 2008] 3615

during today’s MPI I would have an opportunity to lay out in great detail what has happened and the government’s response to what has happened. In basic terms, we have the capacity to invoke emergency powers. Legislation that provides that capacity was passed in 1972 and amended in either 1977 or 1979. Legislation that provides that capacity as it relates specifically to gas was passed in 1994. The government has the capacity to invoke emergency powers and to step in and take over. The situation in which we find ourselves at the moment does not require that dramatic action. I do not anticipate that we will find ourselves in the situation of having to invoke emergency powers. Leader of the Opposition, if it is required, I will do it. It is not required at the moment. All industry players and stakeholders are working collaboratively and cooperatively to resolve the situation. If any city, no matter where it was in the world, were to lose 30 per cent of its gas capacity, it would have a major problem on its hands. Other places that have experienced a 30 per cent loss in their gas capacity have endured a cataclysmic and catastrophic outcome; that is, their industries have shut down and people have endured blackouts. So far, because we have worked quickly and because everybody has come together—I appreciate the Leader of the Opposition’s attitude to this issue, which was indicated the other day—there has been an absence of unnecessary panic and an absence of unnecessary and inflammatory rhetoric. What there has been is a great deal of goodwill. Despite the fact that we have lost 30 per cent of our domestic gas supply, we have managed the situation and the impact has been minimal, although in some areas it is severe. Our emergency services are not without energy. Western Australia’s ordinary households are not without energy. We have maintained energy provision right across the economy because everybody came together quickly to identify the problem without emergency powers having to be invoked. It took some time to ascertain the severity of the problem. We could not work with an absence of information. Once the severity of the problem was ascertained, everybody worked collaboratively and cooperatively, and so far we have managed the situation well. I anticipate that we will continue to manage the situation. There are difficult times ahead of us. We are calling upon all Western Australians, including domestic consumers, to understand that there is a major problem and that they have a part to play. People must conserve energy. It is not simply a matter of turning off a gas heater and running an electric heater, because gas is used to fire electricity. We must ensure that people understand the situation, and we will be launching a media information advertisement on that tomorrow so that people will be drawn in to try to play a part to manage the situation so that it will not have unnecessarily severe ramifications on the broader community. It has been a very instructive process — Dr G.G. Jacobs: What is the plan? Mr A.J. CARPENTER: The plan is the one we are rolling out to manage the situation. I will provide more detail about this tomorrow, but we do not live in an economy, given the nature of our energy profile, whereby we have huge volumes of spare energy capacity in case of a once-in-a-25-year—or twice in a year, as we have had this time—situation. The Western Australian economy is growing rapidly. Energy provision just to match that growth under normal circumstances has been a challenge, which is why I have raised the hackles of industry by saying things like, “You must preserve 15 per cent of gas for the domestic market.” That is why we have gone to great lengths to get a more diverse energy production profile into the Western Australian market. As we have been able to do that, even though we have lost 30 per cent—not three per cent or five per cent or 10 per cent, or even 20 per cent—or nearly one-third of gas supply into the domestic market, there have been no blackouts, no essential service has gone without electricity or energy so far, and the impact on industry has been minimal. Dr S.C. Thomas: Minimal? Mr A.J. CARPENTER: Yes, minimal. Dr S.C. Thomas: You mean shutdowns. Mr A.J. CARPENTER: As we go through this period, there will be more severe ramifications in some sectors of the economy; we know that, which is why we are taking steps to engage all the partners — Several members interjected. The SPEAKER: Members! Mr A.J. CARPENTER: As I said, we can get through this. We can get through it together, or we can get through it with unnecessary inflammatory panic incitement, instead of responsibility, from the opposition. I hope the Leader of the Opposition sticks to his position of bipartisan support. He is obviously right; he can pursue the issues as they arise and we will respond to them. APACHE ENERGY GAS PLANT EXPLOSION — POLICY ON GOVERNMENT RESPONSE TO MAJOR EVENTS 268. Mr T. BUSWELL to the Premier: I have a supplementary question. I want to ascertain what specific reference to and/or role did the “Western Australian Critical Infrastructure Protection Framework” document play in the response to last week’s crisis. 3616 [ASSEMBLY - Tuesday, 10 June 2008]

Mr A.J. CARPENTER replied: That document was drawn up against the background of external threat to the industry — Mr T. Buswell: Specifically. Mr A.J. CARPENTER: Yes. What has happened is, if the member likes, a large industrial accident, and I think we have responded very well so far — Mr T. Buswell: It has had a significant impact. Mr A.J. CARPENTER: It is a significant impact, and that is why it requires a strong, cooperative approach — Mr T. Buswell: Premier, I just want to know what plan you introduced. Mr A.J. CARPENTER: We can — Mr T. Buswell: What was the contingency plan? That is all I want to ask. I am trying to be polite. What contingency plan did you activate last Tuesday? Mr A.J. CARPENTER: Immediately — Mr T. Buswell: I don’t mean sending the minister to Varanus Island. Several members interjected. The SPEAKER: Members! Mr A.J. CARPENTER: No, I noticed the Leader of the Opposition rather childishly criticised that. Once we ascertained the nature of the problem, we drew all the industry players together to work out a course of action. So far that is working well — Mr T. Buswell: Did you have a contingency plan that you activated? Mr A.J. CARPENTER: That is the plan. All the people must be brought together — Mr T. Buswell: Was the plan to have a meeting to come up with a plan? Mr A.J. CARPENTER: I am afraid that I have sensed where this is going — Several members interjected. The SPEAKER: Members! Mr T. Buswell: I just want to know how prepared you were, based on what happened in January. Mr A.J. CARPENTER: Western Australia’s energy market has great robustness. It also has great diversity, which gives us that robustness. It allows us to respond to these sorts of situations well. It does not mean that there will be no impact. Of course there is going to be an impact if 30 per cent of domestic gas supply is lost. The situation has not yet reached such a gravity that an invocation of emergency powers is required. I am trusting that we will not get there. If members compare what has happened in Western Australia with what happened in Victoria some years ago, or what happened in California, I think they will see that we are well in advance of where they were — Mr T. Buswell: How long was Victoria out of gas for? How long, Premier? Dr G.G. Jacobs interjected. The SPEAKER: Order! I call the member for Roe to order for the first time. APACHE ENERGY GAS PLANT EXPLOSION — FEDERAL GOVERNMENT RESPONSE 269. Mr A.P. O’GORMAN to the Premier: Will the Premier please inform the house about whether the federal government is aware of the seriousness of Western Australia’s gas shortage after the explosion on Varanus Island last week? Mr A.J. CARPENTER replied: I thank the member for the question. Bearing in mind the significance of the role played by Western Australia in the national economy, it is important that the national government be kept abreast of what is happening. We got the information together on Sunday and informed the Prime Minister’s office about what we considered at that stage to be the nature and gravity of the situation. Today, I have spoken to the Acting Prime Minister, Julia Gillard, directly about the matter. We will need the positive engagement of the federal government on this issue, and Julia Gillard was more than willing to cooperate in whatever endeavour we sought. The Prime Minister’s office was made aware of the meeting I convened on Sunday with key industry and energy sector leaders, and of the fact that this issue would have an impact on the Western Australian economy over an extended period, rather than the two to three weeks suggested initially. Earlier today I spoke to Julia Gillard and apprised her of the situation and the potential for the commonwealth to provide assistance where necessary. [ASSEMBLY - Tuesday, 10 June 2008] 3617

Areas of potential commonwealth help included determining whether it is possible for the Australian Competition and Consumer Commission to assist in the coordination of liquid fuel deliveries from the petroleum industry; that is, to ensure that no technical hiccups or roadblocks prevent diesel fuel from getting to where it is most needed. We have obviously engaged the liquid fuel suppliers in this response, and they are seeking, through the Chamber of Commerce and Industry and the Chamber of Minerals and Energy, coordinated through the Office of Energy, clarity of information about the demand for liquid fuels over and above that which they are already contracted to supply. They are confident that that demand can be met to the receival points, but thereafter there is a possibility of logistical issues in transporting the fuel to various sites. There may also be some unintended consequences from Australian Competition and Consumer Commission regulations, which we would want set aside if that were the case. We have also sought possible future assistance from the National Oil Supplies Emergency Committee to ensure that there are no potential constraints on the transport of liquid fuels. We will need the collaboration of the commonwealth there. I also discussed with the Acting Prime Minister the potential, if the need should arise, to access the strategic national fuel stocks, although it is very unlikely that this course of action would ever be needed on the information we have so far. Mr T. Buswell: Is that the stock held on Garden Island? Mr A.J. CARPENTER: Yes; there are large fuels stocks on Garden Island for use in cases of national emergency. I do not believe it will be necessary to access those stocks, but I have raised that possibility with the Acting Prime Minister, to alert her to that contingency. Ms Gillard said that she was happy to be of assistance in that regard, if needed. It is highly likely that some companies will have to stand down some or all of their workforce during the difficult period ahead. To this end, I discussed with Ms Gillard the assistance that may be available or forthcoming to the affected communities and how rapidly it could be supplied. Obviously, we want that assistance to be supplied rapidly for the communities and workers through the national welfare agencies and assistance methods. The federal government fully appreciates what is happening in Western Australia, and I am grateful that it is standing ready to help where necessary. Finally, communicating the seriousness of this situation is a key component of managing it with minimal impact on the community. It is very important that the government communicate frequently and honestly with the community and all the stakeholders, and that they communicate with the government. To this end, from tomorrow we will embark on the advertising campaign I mentioned earlier. Initially, the campaign will consist of full-page advertisements in The West Australian, and we will look at other options after that. The campaign is to alert the community about what is happening, what response is being mounted, and what the community can do to help. APACHE ENERGY GAS PLANT EXPLOSION — DIESEL SUPPLIES 270. Mr J.H.D. DAY to the Minister for Energy: I note that the Carpenter government is committed to ensuring diesel is available to replace natural gas where possible. (1) How is the government prioritising industry and public sector access to both gas and diesel supplies? (2) Will the government provide the public with a copy of its priority access plan? (3) How will the government ensure that Western Australian industries have equitable access to gas and diesel supplies? (4) What will the government do to prevent those sectors of the industry that can more easily transfer to diesel from on-selling gas supplies at an inflated cost? (5) Has the government given consideration to the risk of some energy suppliers profiteering from the crisis? Mr F.M. LOGAN replied: I thank the member for the question. (1)-(5) Those questions really go to the work being done by the gas supply coordinating committee that the Premier has just referred to. Several members interjected. The SPEAKER: Order, members! I call to order the member for Roe for the second time and the Leader of the Opposition for the first time. Mr F.M. LOGAN: The membership of that committee includes those people involved in addressing the situation—namely, the stakeholders who can make decisions about the availability of diesel and about switching from gas to diesel—and those people from the Office of Energy who can help and guide the stakeholders 3618 [ASSEMBLY - Tuesday, 10 June 2008] through the process. The Premier’s office, the Department of the Premier and Cabinet, and my ministerial office are represented on that committee, as is the Office of Energy, which comes under my portfolio and which is coordinating the whole exercise. The Chamber of Minerals and Energy and the Chamber of Commerce and Industry are represented on the committee both as consumers and representatives of industrial consumers. As the major gas transporter, the operator of the Dampier to Perth natural gas pipeline is represented on the committee. Verve Energy, the key generator in the network, is also represented. Mr T. Buswell: Who chairs the committee? Mr F.M. LOGAN: The Office of Energy. The two retailers, Synergy and Alinta—the latter obviously as a gas distributor on the network as well as a retailer of both electricity and gas—are also represented on that committee. They are the key people. Mr T. Buswell: Who chairs the committee? Mr F.M. LOGAN: The Office of Energy chairs the committee. Several members interjected. The SPEAKER: Order, members! Mr F.M. LOGAN: The reason those people are on that committee is that they are the key people who need to be involved in the day-to-day decisions for addressing this crisis. Dr G.G. Jacobs interjected. The SPEAKER: I call the member for Roe to order for the third and last time. Mr F.M. LOGAN: We—that is the Premier, the Minister for State Development and me—are regularly updated on the work of that committee. Obviously we will have input into the role of the committee when necessary. However, to address the question of the priorities for diesel—which I am sure the member wants addressed—the Premier has just indicated the work being done by the committee and all the oil companies to source diesel from overseas. Furthermore, the plant in Kwinana is working flat out to produce diesel. To ensure diesel supplies are available to all customers, the committee is taking advice from those customers about the level of their demand for diesel. Obviously somebody will have to place an order for the diesel and somebody will have to pay for it. The oil companies will not source that diesel, particularly from overseas, unless somebody is going to pay for it. Therefore, the coordination work of the committee is to look at the aggregated demand and ensure that those oil companies can supply the diesel. That is the first and most critical thing. Mr C.C. Porter: Who makes the call? Mr F.M. LOGAN: In terms of equity and who makes that call, that is why the Chamber of Commerce and Industry and the Chamber of Minerals and Energy are on that committee. In order to provide feedback to the committee and prioritise who should get looked after with the availability of gas or diesel, five priorities have been identified. Firstly, energy infrastructure is to be given top priority to maintain the state’s capability to supply gas and electricity to users. Mr T. Buswell interjected. Mr F.M. LOGAN: Mr Speaker, this is a critically important issue. I am providing information to the opposition that it requested. Do members of the opposition want to listen to the answer? If so, they should listen. These priorities have been agreed to by all the people on the committee. The second priority is essential services, which are defined as those critical services that have the potential to seriously impact upon the health and safety of the community, and this includes essential public transport and communications. Mr T. Buswell: What about food? Is food an essential service? The SPEAKER: I call the Leader of the Opposition to order for the second time. Mr F.M. LOGAN: The third priority is the essential supply to residential customers. That would minimise the potential for health impacts and disruption to the community. As members would know, consumers are encouraged to reduce energy consumption. That has been made public by Alinta as a supplier of gas and electricity and by the Premier on numerous occasions. The fourth priority is industries that are providing essential goods and services to the WA community. They will have a higher priority in their allocation of energy than those that do not provide essential goods and services. This will minimise disruption to the community and recognise the important services that these industries provide. The fifth priority is that every effort will be made to maximise the availability of supply to all other industries, recognising the importance to the state and the national economy. The most important thing to recognise is that we have unbelievable cooperation across all aspects of the economy, particularly from representatives of industry, who have come together to set these priorities for the [ASSEMBLY - Tuesday, 10 June 2008] 3619 allocation of available energy, which includes gas and diesel. They have done that with all good intentions and with a collective thought about those people who will be suffering the consequences of a shortage of gas. The committee is watching closely who is gouging the market as a result of the shortage of gas or diesel. APACHE ENERGY GAS PLANT EXPLOSION — DIESEL SUPPLIES 271. Mr J.H.D. DAY to the Minister for Energy: I wish to ask a supplementary question. In view of what the minister has told us about the role of the committee, who will make decisions in the event of differing views about how gas or diesel supplies should be distributed or in the event of disputes? Mr F.M. LOGAN replied: The government will certainly not be determining who wins and who loses in this situation. Contracts are in place between retailers and suppliers of both gas and diesel. Those contracts will be recognised. The companies themselves have to work together to ensure that the priority also aligns with their own contractual entitlements. COUNTRY MOBILE DENTAL SERVICES 272. Mr D.T. REDMAN to the Minister for Health: I refer the minister to the closure of the mobile dental service to schools at Bridgetown, Greenbushes, Nannup, Boyup Brook, Donnybrook and Balingup. (1) Will the minister provide an assurance to these communities that their mobile school dental service will reopen, and advise when that is likely to occur? (2) Given that this is the seventh country mobile school dental service to be closed this year, will the minister now acknowledge that under his administration this vital regional health service is being run down and eroded out of existence? Mr J.A. McGINTY replied: (1)-(2) I thank the member very much for the question. The major challenge facing the Western Australian school dental service is one of workforce. We have in Western Australia a remarkably good school dental service by any international standard. In recent times we have been severely challenged when it comes to staffing matters—we are no orphan in this regard—and our ability to recruit sufficient assistants, therapists and dentists to adequately maintain the service. The discussions that I have had with the department, and also input from representatives of the workforce, indicate to me that it is about putting in place appropriate attraction and retention arrangements so that we are able to attract more staff at all levels to come into and stay in the system. It is an issue to which I have given top priority. I am currently progressing a proposition that will, hopefully, address the needs of the workforce in such a way that we can increase the workforce. It is not a question of funding. Positions have been set aside. We simply have been unable to recruit and retain the people who are necessary for the provision of that service. I very much regret that we have encountered service delivery difficulties. When it became apparent to me that there was an issue there, I gave it priority to ensure that we could offer a sufficiently attractive package to attract and retain staff. That is the key to this issue. COUNTRY MOBILE DENTAL SERVICES 273. Mr D.T. REDMAN to the Minister for Health: I have a supplementary question. Does the minister agree that his failure to address wage and training concerns has led to these closures? Mr J.A. McGINTY replied: I think it is abundantly clear to everyone in Western Australia that there are workforce issues affecting every sector of the economy. It is not simply a question of the enterprise bargaining agreement and salary negotiations. Notwithstanding, for instance, an agreement with nurses in our hospitals late last year, we still experience difficulty in attracting sufficient nurses to fill all the positions to enable us to offer the complete range of services that we would like to offer, and on that account there are some service curtailments. It is the same issue that the public and private sectors are encountering throughout the length and breadth of Western Australia. Certainly, every private sector employer that I speak to raises exactly the same workforce issues that the school dental service is experiencing. Although I accept responsibility for the delivery of that service and the inability to deliver the service that has been traditionally provided in some areas, my focus has been on finding a solution to that issue, and that solution lies in the reasons I have just outlined to the house. APACHE ENERGY GAS PLANT EXPLOSION — MINISTERIAL VISIT TO VARANUS ISLAND 274. Mr T.G. STEPHENS to the Minister for Energy: I refer to the recent gas explosion on Varanus Island and the minister’s visit to the island last week. Can the minister please inform the house of the details of the visit? 3620 [ASSEMBLY - Tuesday, 10 June 2008]

Mr F.M. LOGAN replied: I thank the member for his question. As members have seen from television footage that has been shown on numerous occasions, this was a very serious incident. Members will have seen the extent of the explosion on Varanus Island. I was invited by Apache Energy to observe the extent of the damage after the flames had been extinguished and security had been put in place around the damaged area and the damaged gas train. The media were also invited by Apache to attend last Friday to see for themselves the extent of the damage. It was an important trip for me. It allowed me to understand that the repair of the plant and the reinstatement of production would take longer than envisaged, and to recommend to the Premier that because of that delay there should be a meeting of key stakeholders and affected customers; and, of course, that was done when the Premier called a very large group of key stakeholders together on Sunday. In effect the incident affected three pipelines that come onshore and into the gas process and trains on Varanus Island. There is a large 16-inch pipe that comes from the Sinbad field and feeds production into both the Harriet Joint Venture processing train and the John Brookes processing train. Next to that 16-inch pipeline are two smaller pipelines called “Sales” that take the gas off the island, onto the mainland and into the Dampier to Bunbury natural gas pipeline. One of those pipes ruptured. Apache does not know why the pipe ruptured, but it did. As it blew apart it actually caught fire and exploded, as we saw on TV. It also ruptured the other pipelines and caused the significant fireballs that we saw on TV. The reason that fire continued for a time was that Apache locked off the gas from going into the pipelines and locked off the gas from where it goes onshore. However, there was still a significant amount of gas in the pipeline and that is the reason we saw the footage of those large balls of flame shooting up into the air. It appears that there is extensive damage to the Harriet Joint Venture gas processing train. The extent of damage is being evaluated by the engineers on site. It appears that there was minimal damage to the John Brookes gas processing train. Apache Energy is trying globally to source two 16-inch high-pressure gas valves. These are not the sorts of things one can buy from Bunnings or Coventry. They are very large pieces of high-pressure equipment. If the valves cannot be sourced, they will have to be made to replace those that were destroyed, along with the section of pipeline that will allow gas to be fed back into the John Brookes train. The Harriet Joint Venture train is extensively damaged, and Apache tells us that it will take a significant time to bring it back into service. The John Brookes train may well be brought back into service within a couple of months or slightly longer, depending on the availability of those valves and the extent of damage that has been sustained, which will be revealed once they start doing trials and high-pressure testing. If they are successful in getting the John Brookes train up and running, it will mean that 150 terajoules of gas—basically half the amount that Varanus Island produces—can then be fed back into the system in order to relieve this situation. From the observations I have made and the advice I have received from the Apache engineers to date, it will obviously take significantly longer to restore the Harriet Joint Venture gas processing train. Finally, I congratulate Apache Energy on dealing quickly and without injury or loss of life with a very serious and major incident. APACHE ENERGY GAS PLANT EXPLOSION — COST TO STATE 275. Dr S.C. THOMAS to the Minister for Energy: I refer to the 1998 explosion at the Esso gas facility in Longford, Victoria, which, aside from the cost in lives, cut Victoria’s gas supplies for a fortnight and cost the Victorian economy $1.3 billion. (1) What is the preliminary estimate of the full cost of the disruption to the Western Australian economy caused by last week’s explosion at Varanus Island, given that full gas supply may not be resumed for many months? (2) Is the full cost likely to be in excess of $1.3 billion? (3) Given that the likely economic impact of this shortage will cut across industry sectors, has the government given any consideration to how it will assist and compensate Western Australian businesses for these costs? (4) How, in particular, will the state government support workers who will be laid off because of the shutdowns already occurring in Western Australian industries as a result of this gas supply shortage emergency? Mr F.M. LOGAN replied: (1) First of all, I refer to the comparison with the Longford incident. This is not Longford; this is a situation in which we have lost 30 per cent of the gas supply of the Dampier to Bunbury natural gas pipeline. Approximately 1 000 terajoules of gas a day can travel through the Dampier to Bunbury natural gas pipeline, and we have been reduced to just over 700 terajoules a day. In the Longford incident, more than 80 per cent of the gas supply was lost and a significant number of people were killed or injured. It [ASSEMBLY - Tuesday, 10 June 2008] 3621

was a catastrophe for the state. As a result, the Victorian government implemented its emergency powers, as it should have. If we were in a similar situation, we would do exactly the same thing; we would implement the emergency powers that we have in place. We have not done so because the incident here is not the same type of incident as occurred in Victoria. Obviously, we do not yet know the full cost to the economy. One of the jobs that the committee is doing is identifying who is actually being impacted on by the loss of energy, whether as a direct result of the loss of gas supply, or from the costs involved in having to change to diesel. Mr T. Buswell: Is that the committee you’re not on? Mr A.J. Carpenter: We’re both represented on the committee. Mr T. Buswell: I’m not doubting your competence, Premier. I’m glad you’re there. Several members interjected. The SPEAKER: Members! Hopefully, everyone who thinks he should have a say in this answer has finished, because what members have been saying means nothing to what the minister is saying. I ask the minister to continue. Mr F.M. LOGAN: Obviously, we do not yet know the full cost to the economy. That is the sort of information that will be fed to the committee from industry representatives, the Chamber of Minerals and Energy and the Chamber of Commerce and Industry of Western Australia. (2) I do not know where the figure of $1.3 billion has come from. We will probably find out why that has been raised tomorrow in the matter of public interest debate. Obviously, we have no idea whether the cost will be $1.3 billion. (3) With regard to cutting across industry sectors, and compensation, as members would know, this incident has occurred in a private company. Apache has claimed force majeure, and another private company to which it supplies gas, Alinta, has done exactly the same thing. How that is resolved in terms of insurance claims and negotiations is really up to the parties themselves. (4) With regard to the workers who have been laid off, the Premier has already answered that question. GAS SUPPLIES — SECURITY FOR FUTURE SUPPLIES 276. Mr P. PAPALIA to the Treasurer: Can the Treasurer inform the house what the state government is doing to secure future gas supplies for Western Australia? Mr E.S. RIPPER replied: The events of last week vindicate the Premier’s focus on securing domestic gas supplies for Western Australia’s energy future. The Premier took that stance amidst some controversy and some criticism. It is important that we reserve 15 per cent of liquefied natural gas project resources for domestic gas purposes. We are doing that, for example, in the $10 billion Pluto project. All new onshore LNG projects will be subject to this domestic gas requirement. Mr T. Buswell: But what are you doing now? Mr E.S. RIPPER: I am talking about the future. I am talking about planning for the future. Mr T. Buswell: When will that gas be available? Mr E.S. RIPPER: I am saying that it was a good thing that our Premier took on this issue and began to make those plans for the future. Several members interjected. The SPEAKER: Order! I call to order the Leader of the Opposition, the Deputy Leader of the Opposition and the member for Darling Range. Mr E.S. RIPPER: The domestic gas reservation policy is only one part of that plan. We are working with all stakeholders, and the commonwealth government, on selecting a common-user LNG processing hub in the Kimberley. All LNG producers that use that hub will be subject to the state’s domestic gas reservation policy. The task force is well advanced in the site selection process. There is considerable industry interest in that process. It is also being supported by the federal government. That will be an important buttress for the domestic gas reservation policy. However, there are other elements to our program to secure future supplies of domestic gas. We have supplies of so-called tight gas in the south west of Western Australia. The Department of Industry and Resources has recently released significant new acreage for exploration and development of tight gas. We are also working with gas developers on tight gas technologies for application in Western Australia. 3622 [ASSEMBLY - Tuesday, 10 June 2008]

Another issue with regard to mobilising gas supplies for domestic purposes is retention leases held by proponents who have so far not shown a sufficient interest in developing those resources. We have been lobbying the federal government about the need to review retention leases with a view to facilitating faster development. We are supported in that position by the federal Minister for Resources and Energy. Eighteen retention leases are currently under review by the joint authority that is administering offshore retention leases. We are also seeking to change the gas specifications for the Dampier to Bunbury natural gas pipeline to meet national standards. If we adopt national standards, that will enable gas from BHP Billiton’s Macedon field to be fed into the domestic gas system. Before we do that, we need to make sure that there will be no safety implications for small gas users of very old-fashioned gas appliances. We are investigating the number of appliances on our system and the impact, if any, of changed gas standards on the operation of those appliances. A lot of initiatives are being undertaken to secure our future gas supply. Gas is not the only story. We have a considerable reliance on coal. It is interesting to note that two new coal- fired power stations are currently under construction. They are private sector power stations, and they are being built because of this government’s electricity market reforms. Finally, I draw members’ attention to one much smaller element of our energy supply, and it is a very important element now as we deal with this gas shortage—that is, liquid fuels. It is excellent that in 2004, despite enormous criticism from the opposition, this government expanded liquid fuel capacity at power stations in Western Australia. That gives us an element of security that we would not have now if we had followed the opposition’s advice. APACHE ENERGY GAS PLANT EXPLOSION — IMPACT ON HEALTH CARE 277. Ms D.J. GUISE to the Minister for Health: Can the minister advise what plans are being put in place to ensure patient health care is not impacted on by the reduction in gas supplies to Western Australia? Mr J.A. McGINTY replied: I inform the house that there has been minimal disruption to WA health procurement and distribution systems as a result of the disruption of gas supply from the north west of the state. The only significant implication for WA Health has been in the area of linen supply. On 4 June 2008, most metropolitan hospitals with external linen contracts had been contacted by Ensign-Spotless, which is the external linen contractor, and informed of service disruptions with a request to conserve all linen products to prolong availability. On 5 June, linen laundering was restricted to essential products, including all bed linen, theatre uniforms and theatre linen such as drapes. Staff were requested to launder their own uniforms and hospitals were encouraged to conserve linen. At 1.00 pm on 6 June, Ensign-Spotless reported to health corporate network supply that after discussions with Alinta, it had been assured of ongoing availability of gas supply to meet demand. As at yesterday, there continued to be ongoing shortfalls in linen availability due to the external contract for managing the accumulation of unlaundered linen from last week. That is expected to be corrected within the next day or so. So far as the future is concerned, the Office of Energy is completing a gas allocation strategy that will be used to prioritise allocation of gas resources to agencies and industry throughout Western Australia. The chief executive officer of the Office of Energy has advised the Department of Health that the first two priorities are the state’s energy supply systems and the state’s essential services. Of course, the Department of Health is identified as an essential service. The Office of Energy is of the opinion that the gas needs of the Department of Health and of suppliers and service providers to the Department of Health are relatively small in the broader scheme of things. It does not foresee any significant difficulty in meeting health-related demands. The Office of Energy has, however, requested Department of Health to assist in management of the incidence by reducing needs where possible and to exercise discretion when labelling services as “critical”. Practical measures the Department of Health may take include having staff wash their own uniforms, excluding theatre scrubs; purchasing consumable theatre linen; providing additional staff to increase in-house laundry service capacity; and consideration could, if the need arises, be given to purchasing interstate laundry services. APACHE ENERGY GAS PLANT EXPLOSION — DOMESTIC ELECTRICITY AND GAS SUPPLIES 278. Dr G.G. JACOBS to the Premier: My question relates to the welfare of domestic gas users. I refer to the Premier’s media statement on Sunday 8 June — . . . there is no threat to electricity or gas supplies for households . . . (1) Will the Premier direct the Parliament, and therefore the householders of WA, to the policy, protocol or, indeed, plan that provides a guarantee that their access to electricity or gas supplies will not be disrupted following this crisis or possible future incidents? [ASSEMBLY - Tuesday, 10 June 2008] 3623

(2) Will the Premier promise WA household consumers, through this Parliament, that they will not wear any increased cost of electricity and gas as a result of the explosion on Varanus Island? Mr A.J. CARPENTER replied: I thank the member for the question. (1)-(2) The member has asked me to give an open-ended, cast-iron guarantee that householders will never—I think he said “following this incident”—face impacts on electricity supplies. Let us be reasonable about this, shall we? Nobody can give the householders of Western Australia a guarantee that electricity supplies will never be impacted upon by anything. Let us be logical about the situation. The best information we have at the moment is that if we continue to manage this issue reasonably and well, the likelihood of impacts on domestic customers—that is, people in their own homes—is very, very small; it is negligible. However, there may be impacts that we have not yet foreseen. We are trying to make sure as best we can that the 300 terajoules of gas a day are replaced with or substituted by other means. I do not believe we will be able to completely close that gap in the next couple of months. We have asked the North West Shelf whether it is possible for it to provide more gas into the pipeline than it normally provides, bearing in mind that its production, as we understand it, is fully contracted. It has said yes, and it has already been able to provide up to an additional 100 terajoules of gas a day—but not every day—into the pipeline. We are trying to make sure as best we can that we conserve gas consumption across the board so that that preservation of gas can liberate — Dr G.G. Jacobs interjected. The SPEAKER: Order, member for Roe! Mr A.J. CARPENTER: — supplies to businesses and industries that need gas not only for energy through electricity, but also as part of their processes. We know about the building industry, and we have heard about some of the laundries that use gas burners and so on. That is a process that everybody is working towards. We are also fast-tracking work on Kwinana 1, which is, I think, a 120-megawatt power station, which has been offline for routine maintenance, so that it is back online. Double shifts are working there to ensure that that power station is back online within two to two and a half weeks. Mr T. Buswell: What about Collie A, which conked out last week? Mr A.J. CARPENTER: Collie A had to be closed down because of a rotor blade separation. Is anybody suggesting that we should have tried to keep it running? It had to be closed down. The other dynamic that is having an impact on this scenario is world-record diesel prices. At the very point at which we are trying to substitute some gas-fired electricity with diesel—liquid fuels—we are facing world- record prices for diesel. Those alternative energy costs are higher than they might have been in other scenarios. That is the reality of that. Mr T. Buswell: Is the government prepared to underwrite, if required, the cost of tankers of diesel? Mr A.J. CARPENTER: There is no indication whatsoever from the suppliers that that will be necessary. The last thing that anybody should be doing—I am afraid that the Leader of the Opposition is getting himself into this position— Mr T. Buswell: No; I’m just asking out of interest. Mr A.J. CARPENTER: I know what the Leader of the Opposition is asking. The Liberal Party opposition is putting up its hand and saying that it will underwrite all the costs — Several members interjected. Mr A.J. CARPENTER: Yes, it is. It is saying that it will underwrite all the costs and pay compensation to all the businesses that are losing money. Of course, the government is the custodian — Mr T. Buswell: Yes, yes, yes. Where’s your state energy plan if you’re the custodian? The SPEAKER: Order! Mr T. Buswell: Why haven’t you developed a state energy plan in seven years? The SPEAKER: Order, Leader of the Opposition! Mr A.J. CARPENTER: Anybody who thinks there is no energy policy in Western Australia has been living in a parallel universe. Mr T. Buswell interjected. Mr A.J. CARPENTER: The CCI — Mr T. Buswell: They are writing the plan for you. 3624 [ASSEMBLY - Tuesday, 10 June 2008]

Mr C.J. Barnett interjected. The SPEAKER: I call the member for Cottesloe to order and warn the Leader of the Opposition that he has been called to order three times. Persistent, continuous, non-stop interjections are highly offensive and disorderly and there will not be any more warnings. I will then probably have huge control issues when I throw out the Leader of the Opposition. I do not want to do that and I am sure that the Leader of the Opposition wants to stay in here. Mr A.J. CARPENTER: I announced some time ago—I think it was in this chamber; and, if not, publicly and then in this chamber—what was happening with domestic electricity prices. I said that there would be significant increases next year—2009. We gave commitments on that. Mr C.J. Barnett: The policy was to reduce it. The SPEAKER: The member for Cottesloe! Mr A.J. CARPENTER: No; on this, as on other issues, the member for Cottesloe’s memory is faulty. Several members interjected. Mr A.J. CARPENTER: Correct. Has any member, other than government members, noticed that in the meantime world diesel prices and liquid fuel prices have gone up? They have not even quintupled; they have sextupled in comparison with what they were three or four years ago. The scenario for the energy industry in Western Australia is vastly different from what it was at that time. If we had not done what we did, domestic consumers would be paying a lot more than what they are now. It was, as I recall, to secure Liberal Party support — Mr T. Buswell: No. Mr A.J. CARPENTER: It was. It was to secure Liberal Party support for the disaggregation of Western Power that we gave the commitment that we would maintain flat prices on domestic energy supplies. Mr C.J. Barnett: How stupid was that? The SPEAKER: Order, member for Cottesloe! Mr A.J. CARPENTER: It is something we had to agree on because the member for Cottesloe’s party demanded it of us. Several members interjected. Mr C.J. Barnett: A stupid, stupid government. The SPEAKER: I call the member for Cottesloe to order for the second time. Mr A.J. CARPENTER: I think I have answered the question. APACHE ENERGY GAS PLANT EXPLOSION — ELECTRICITY PRICES 279. Dr G.G. JACOBS to the Premier: I have a supplementary question. Since Western Australian households already face a 10 per cent price hike in their energy bills over the next eight years, will the Premier guarantee that his government will not seek to recover the costs of this crisis through even higher bills? Mr A.J. CARPENTER replied: We have no intention of increasing electricity prices to domestic consumers in the way that the member for Roe suggests. This is a situation that we face. Energy sources are becoming more expensive. Anybody who has not noticed that has not been awake. The price of liquid fuels is at world-record all-time highs—much higher than they have ever been. The price of gas is much, much higher than it has ever been. There is a significant component — Several members interjected. The SPEAKER: Members! Mr A.J. CARPENTER: We have given the domestic consumers an indication, the best that we can possibly give, of where domestic energy prices will go. We have given a commitment that there will be no increases in prices before the middle of 2009. I outlined the profile of where those prices will go beyond that. It is important to be up-front with people. We could have chosen to hold back that information until after the election. We could continue to subsidise—which is what we are doing now, albeit at increasingly high levels—energy supplies. We have had put to us in this Parliament that the decision that we made in conjunction with the Liberal Party to keep domestic electricity prices flat, has constituted the greatest financial scandal since WA Inc. In effect, what [ASSEMBLY - Tuesday, 10 June 2008] 3625 we are doing now is heavily subsidising electricity prices. I came forward and told the population of Western Australia that the situation will require us to increase domestic electricity prices from 2009. I provided that information openly and honestly to the Parliament and to the public. APACHE ENERGY GAS PLANT EXPLOSION — EFFECT ON HOTEL INDUSTRY 280. Mr P.W. ANDREWS to the Minister for Tourism: Will the minister inform the house how the hotel industry is coping with the effects of the reduced gas supply? Ms S.M. McHALE replied: I thank the member for his question. Clearly, the gas explosion has impacted on the hospitality and hotel sector primarily through the impact on linen and laundry services. I want to acknowledge the work that is being done through the Australian Hotels Association, Tourism WA and the industry, which are working together to explore ways to manage the disruption. Several members interjected. The SPEAKER: Order! Leader of the Opposition! Ms S.M. McHALE: I can report that Prime Laundry and Drycleaning has been provided today with an allocation of gas, which has allowed those services to continue today. The hotels are obviously being very cooperative and very resourceful. Some of the ways that they are managing the potential disruption to linen supplies include using other linen and laundry providers, modifying some of their systems and procedures and using in-house laundry facilities. It is pleasing to say that some hotels are not actually affected by the laundry problem but are still modifying their behaviour. Clearly, all hotels are reducing the amount of linen they use, particularly in places such as gyms, saunas and spas. They are also educating guests on how to minimise linen usage. In some instances, where hotels in Perth are part of a national chain of hotels — Several members interjected. The SPEAKER: Order! Ms S.M. McHALE: If opposition members find it funny, that is an indication of their attitude. Several members interjected. The SPEAKER: Order! I call the member for Murray to order. Ms S.M. McHALE: May I repeat: we have been working with the hotels. They are approaching this in a very cooperative way. They understand the seriousness of the problem and are using all methods to make sure that their customers are protected as much as possible from the disruption. It is the low season for south west hotels and their occupancy rate is low. Some are using other laundries and are, therefore, not being affected by the laundry issue. Others are using a subsidiary of Prime Laundry and are being affected. I use this opportunity to remind all members that next week Australian Tourism Exchange 2008 is coming to Perth, so Perth will have global visitors. I think that our visitors will understand that Western Australia has faced a very serious incident. I think they will be tolerant of the modifications that are being made; in fact, as people who understand the industry, modern travellers are now keen to reduce their carbon footprints. Many hotels now have different ways of managing laundry. Nevertheless, we are doing everything we can to make sure that in the next week when ATE is held in Perth, it will be a great ATE. We will work with the hotels to make sure that the hospitality is at a first-class level. I want to applaud the Australian Hotels Association and others for their response to the issue and in working with government. The result is a coordinated response of government and business. Together with the community, we will ensure that we confront this serious situation and get through it and maintain our international reputation. TEACHERS — TWOMEY REPORT 281. Mr J.E. McGRATH to the Premier: I refer to the Premier’s comments yesterday regarding the release of the Twomey report on teaching workforce issues that we need to resolve the industrial dispute. Can the Premier confirm that the Twomey report will not be released until after the industrial action with the State School Teachers’ Union is resolved or will it be, as the Minister for Education and Training has repeatedly stated, when it has been considered by cabinet? Mr A.J. CARPENTER replied: It will be as the Minister for Education and Training said, member for South Perth. The point that I was making yesterday is that the industrial dispute is now in arbitration. There is a lot of commentary around about that. I find it somewhat disappointing that the teachers’ union leadership has taken an attitude that arbitration is some sort of negative outcome. The union movement in Australia has fought tooth and nail to maintain the structure, which includes an arbitrated outcome if resolution through dialogue cannot occur. 3626 [ASSEMBLY - Tuesday, 10 June 2008]

Ms A.J.G. MacTiernan: Fought! Mr A.J. CARPENTER: Tooth and nail. Mr J.H.D. Day: That wasn’t the question. Mr A.J. CARPENTER: It was the question, in fact. It was the context of the question. Mr J.H.D. Day interjected. The SPEAKER: Order, member for Darling Range! Mr A.J. CARPENTER: I have been through the enterprise bargaining agreement process as an education minister and it is a difficult process. Unless one caves in, rolls over and signs the cheque for what would be an exorbitant expense to the state, with flow-on expenses unbeknown, one finds oneself in a very difficult bargaining and negotiating argument. Dr J.M. Woollard: Thirty-five years as a teacher and a gross salary of $65 000—do you think that’s fair? Mr E.S. Ripper interjected. The SPEAKER: Order! Mr A.J. CARPENTER: Anyway, let us not get into that. I will try to stick to the road. I believe that the arbitration process can be concluded relatively quickly. We do not know, but I hope that it will not be some drawn-out process along the lines that is being predicted by the teachers’ union. We have, I think, luckily, gratefully, a system to resolve disputes. We have come to the point where an independent arbitrator will resolve this dispute. That happened as well when I was the education minister. Mr J.H.D. Day: Why won’t you put that report out? Mr A.J. CARPENTER: It goes to this point though. Mr M.J. Cowper: What are you hiding? Mr A.J. CARPENTER: Absolutely nothing! Absolutely nothing other than what is on the table. What is being put on the table is the offer in the first place, what our potential is and what is being put as the demands by the teachers’ union—that needs to be drawn into this. The teachers’ union needs to go to the arbitrator and outline its case. The government has put an offer historically and we can go to the arbitration commission and put our case and the independent umpire will decide. The Twomey report process is completely separate to all that and it will be. Mr J.H.D. Day: Put it out then! Several members interjected. The SPEAKER: Order, members! Mr A.J. CARPENTER: As I said, I have had face-to-face discussions with the teachers’ union representative representing the teachers’ union executive. The union has embraced this concept as if within the Twomey report there is some totemic solution to this issue. It is not the case; it is a report that straddles all of government. Mr M.J. Cowper: What are you trying to hide? Mr A.J. CARPENTER: Nothing; there is nothing being held but it will be dealt with properly. I hope and trust — Several members interjected. The SPEAKER: Order! Mr A.J. CARPENTER: — that the arbitration process will be conducted quickly and fairly and that the teachers will get a very good outcome from it. I am very glad that the union movement and this side of politics in Western Australia have fought so hard to maintain this system—this process—for this possibility, because without it we would be in greater difficulty. LEGISLATIVE ASSEMBLY — ENERGY SAVING Statement by Speaker THE SPEAKER (Mr F. Riebeling): For members’ advice, I have instructed that the air conditioning be turned off until such time as full power can be restored to the state. Also, surplus lighting throughout Parliament will not be used during this period. It may get a little warmer but winter is here, so that should not be too bad. [ASSEMBLY - Tuesday, 10 June 2008] 3627

EDUCATION AND HEALTH STANDING COMMITTEE Membership Change — Statement by Speaker THE SPEAKER (Mr F. Riebeling): I advise members that on 15 May 2008 I received the resignation of the member for Dawesville from the Education and Health Standing Committee. On 19 May 2008, in accordance with standing order 249(3) and after consultation with the Leader of the Opposition, I appointed the member for Darling Range to fill the vacancy until it could be confirmed by the Legislative Assembly. CHINA EARTHQUAKE Statement by Speaker THE SPEAKER (Mr F. Riebeling): As members will be aware, on Monday, 12 May 2008, an earthquake measuring 8 on the Richter scale occurred in Sichuan Province in China and affected several other provinces, causing heavy casualties and property losses throughout the region. I advise members that, in addition to the state government’s donation, and as a measure of our support for those affected, I gave to the Consul General for the People’s Republic of China a donation from the Legislative Assembly to apply to the relief effort. The Consul General has acknowledged our support and advised me that the donation will be directed to the reconstruction of homes in the affected areas. Mr J.E. McGrath: How much? Mr E.S. RIPPER: I understand the state government’s donation was $1 million, and ours was $10 000. BRIAN BROWN Petition MR P. PAPALIA (Peel) [5.36 pm]: I have a petition that is certified as conforming to standing orders and bearing two signatures, and states — To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled. We, the undersigned, bring to your attention the situation of Brian Brown and his family. Brian lives in a unit in Safety Bay. He is 41 years old and has an intellectual disability and mental health problems. His parents, Irma and Lawrence, live nearby. Brian moved out of home three years ago, with the encouragement and support of his parents. They found that with their increasing age and health problems they were no longer able to manage to care for him at home. Brian is six foot four inches tall and weighs 170 kgs. Because of his mental health issues, he can experience periods where his behaviour is violent and very difficult. This has become increasingly hard for his parents to manage. He takes regular medication and receives fortnightly injections. He needs reminding and assistance to maintain this. Brian needs help with all his daily living skills. His parents are his only source of support. His mother prepares all his meals for the week and puts them in his freezer. He has to be reminded to take them out of the freezer and reheat them in the microwave. He is not able to read or write. He regularly rings his parents to come around and ‘fix things’. They spend most days at his unit, taking him shopping, cleaning the unit, making sure he takes his medication and taking him to all his medical appointments. Irma and Lawrence are both in their sixties and are both in ill health. Irma has heart problems, made worse by stress. Lawrence has a form of Parkinson’s that is stress related. He is unable to hold anything when he has an attack. For three years they have been asking for help for Brian. To date their requests have been refused. As time goes by they have found it harder and harder to keep up the support that Brian requires. They have now reached a point where they do not know how they can continue, and they worry constantly about what will happen to Brian if they can no longer support him! Now we ask that the Legislative Assembly give urgent attention to: The provision of the accommodation support services needed by the 326 people with disabilities and their families in Western Australia who are unable to access the accommodation support they urgently needed over the past year. The provision of the accommodation support services needed by the estimated 250 people who will be asking for urgently needed accommodation support services for the first time over the coming year. [See petition 304.] 3628 [ASSEMBLY - Tuesday, 10 June 2008]

WESTERN POWER — EASTERN TERMINAL SUBSTATION Petition MR J.H.D. DAY (Darling Range) [5.38 pm]: I have a petition containing 598 signatures, which reads as follows — To the Honourable Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled. We, the undersigned residents of Western Australia, request that the Minister for Energy, Resources, Industry and Enterprise directs that Western Power’s recommenced community consultation process for the proposed Eastern Terminal substation be held in Kalamunda and that the entire consultation process be by open public forum. [See petition 305.] Petition MR J.H.D. DAY (Darling Range) [5.39 pm]: I have the following petition containing 260 signatures — To the Honourable Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled. We, the undersigned residents of Western Australia, say that Western Power’s proposal to site the Eastern Terminal sub-station in Priority 1 or Priority 2 water catchment areas east of Kalamunda and the consequent necessity of clearing vast tracts of state forest for both the site and transmission towers; • exposes the Middle Helena Catchment to unnecessary risk; • violates the Department of Environment’s policy on protecting Public Drinking Water Source Areas; and • will have a deleterious effect on the local tourist industry. Now we ask the Legislative Assembly to demand of Western Power that they reconsider alternative options to site the sub-station outside of a Priority 1 and Priority 2 water catchment areas. [See petition 306.] PAPERS TABLED Papers were tabled and ordered to lie upon the table of the house. PAY-ROLL TAX ASSESSMENT AMENDMENT BILL 2008 — EXPLANATORY MEMORANDUM Correction — Statement by Speaker THE SPEAKER (Mr F. Riebeling): I have a correction to an explanatory memorandum. I received advice from the Treasurer requesting that corrections be made to the explanatory memorandum that accompanied the Pay-roll Tax Assessment Amendment Bill 2008, which was tabled on 14 May 2008. The Treasurer advises that page 31 of the document contains minor errors. Clause 9HB(3), which was not included in the draft legislation, was unintentionally retained in the explanatory memorandum. Under the provisions of standing order 156, I advise members that I have authorised that the amended page 31 of the explanatory memorandum be attached to the original version to reflect the draft legislation. PROCEDURE AND PRIVILEGES COMMITTEE Fifth Report — “Corruption and Crime Commission Report on Behalf of the Procedure and Privileges Committee of the Legislative Assembly: Inquiry Conducted Into Alleged Misconduct by Mr John Edwin McGrath MLA, Mr John Robert Quigley MLA and Mr Benjamin Sana Wyatt MLA” THE SPEAKER (Mr F. Riebeling): I table the fifth report of the Procedure and Privileges Committee. [See paper 3936.] The SPEAKER: This report is titled “Corruption and Crime Commission Report on Behalf of the Procedure and Privileges Committee of the Legislative Assembly: Inquiry Conducted Into Alleged Misconduct by Mr John Edwin McGrath MLA, Mr John Robert Quigley MLA and Mr Benjamin Sana Wyatt MLA”. Subsection 27B(7) of the Corruption and Crime Commission Act 2003 requires me to table this report in the form in which it was received on the next sitting day following its receipt, and I hereby do so. This is the first time that this provision has been used. For the purposes of standing order 279, I call on the member for Wanneroo to respond to the tabling of the report. MS D.J. GUISE (Wanneroo — Deputy Speaker) [5.45 pm]: I will speak to the Procedure and Privileges Committee’s fifth report, entitled “Corruption and Crime Commission Report on Behalf of the Procedure and [ASSEMBLY - Tuesday, 10 June 2008] 3629

Privileges Committee of the Legislative Assembly: Inquiry Conducted Into Alleged Misconduct by Mr John Edwin McGrath MLA, Mr John Robert Quigley MLA and Mr Benjamin Sana Wyatt MLA”. This is the first report produced pursuant to sections 27A and 27B of the Corruption and Crime Commission Act 2003. I say at the outset that the report does not find any member guilty of misconduct. Because this is the first report produced in this way, I will inform members of the process that takes place if there is an allegation of misconduct—not serious misconduct—against a member of the Legislative Assembly in his or her performance of the functions of their office. If such an allegation is made or brought to the attention of the Speaker, the Speaker refers the matter to the Procedure and Privileges Committee. The Procedure and Privileges Committee has to decide whether the matter should be investigated and may make a preliminary inquiry to determine that. If the Procedure and Privileges Committee decides to conduct an inquiry, it must request the Corruption and Crime Commission to inquire on its behalf. This enables the Corruption and Crime Commission to possess the powers, privileges, rights and immunities of a committee under the Parliamentary Privileges Act 1981; otherwise, the Corruption and Crime Commission would not be able to inquire into matters involving parliamentary privilege. The report contains two recommendations. Recommendation 1 reads — It is recommended that consideration be given to formulating a procedure for the disclosure of approaches made to committee members by those wishing the member to take a particular position in respect of a matter which is before the committee or may come before it for consideration or a decision. Such disclosure would assist in ensuring that the significant powers of committees are not improperly used for the purpose of advancing private interests. Disclosure requirements should include the name of the person who made the approach, the interest that they represented and the position that they advocated. It would be desirable if disclosures were made at the commencement of each meeting and recorded in the minutes. Recommendation 2 reads — It is recommended that consideration be given to formulating guidelines for the drafting of motions by Members, specifically that Members should be cautious about accepting the assistance of lobbyists in this regard, given that the interest of the lobbyist or their client may not be revealed or be readily apparent. Members should exercise care in ensuring that they do not become either the willing or unwitting instrument for advancing private interests. Members should also consider whether if assistance in drafting a motion is received it may be appropriate to disclose that fact. The executive summary states in part — The Commission recommends that the Privileges Committee give consideration to whether clear rules and procedures regarding dealings with lobbyists and disclosure of those dealings would be desirable. I do not wish to comment on the recommendations at this point except to say that the Procedure and Privileges Committee will consider the report in its entirety in due course and advise the house of what action, if any, it will take. MR M.W. TRENORDEN (Avon) [5.48 pm]: To the best of my knowledge none of my parliamentary colleagues in this house is a criminal or has engaged in activities with criminal intent. After the tabling of this report, just short of one in four members of this chamber will have had a brush with the Corruption and Crime Commission. A quarter of the members in this chamber have had a brush with the Corruption and Crime Commission. In the main, that inordinate number reflects members’ lack of knowledge rather than a deliberate lack of accountability or any nefarious activity. It also suggests that there is an extremely grey area between what is considered the performance of one’s public duties and what is considered to be wrong. The Corruption and Crime Commission has an extremely important role to play in ensuring honesty and integrity in the public service; however, members of Parliament must ensure that they have enough knowledge and know-how to ensure that they do not breach the rules of this chamber. I give members notice that tomorrow I will move a motion to establish a position of commissioner of parliamentary integrity. I do not know whether that laughter I heard was about the establishment of a commissioner of parliamentary integrity, but I will be amazed if members do not take my motion extremely seriously tomorrow. The intent of my motion is not to put anybody under any pressure or to judge them. My motion is substantially modelled on existing commissioners of parliamentary integrity in Canada. That role has been in place for well over a decade in Parliaments that have not got themselves into the trouble that we have got ourselves into. I envisage the position to be a part-time position, held by a person of some eminence who is not a judge or a lawyer, and members will be able to go to that person to seek advice. Unfortunately, in the course of passing the CCC legislation, we in this chamber removed the ability of the Clerk to give advice to members. We did that deliberately, and we have had time to reflect upon it now. The facts are that under the current provisions of that act, if the Clerk has knowledge of any member behaving inappropriately, he is honour bound to pass that 3630 [ASSEMBLY - Tuesday, 10 June 2008] information on to the CCC. Members have inflicted that upon themselves. I suggest that we put into place a neutral individual who will have the ability to deal with members one-on-one, but who will keep that information totally confidential between the member and the commissioner, so that whatever occurs in that conversation cannot be accessed by the CCC and cannot even be accessed by Parliament. Consistent with the Canadian model, once a year it should be compulsory even for ministers to attend a meeting with the commissioner for two reasons: to discuss things in general and to submit financial returns. I suggest that the member for Yokine would not have got into trouble under my proposal, because once the financial returns have been submitted, members of the opposition cannot say, “Look at what the terrible minister has done”; rather, members would be able to say that the commissioner had given them a statement that stated that they had done all things reasonable, and that would be the end of the matter. Over the course of this Parliament many members have had clashes with the CCC that may have been avoided had they been given the advice of a person who was absolutely neutral in the process. Members have removed their own protection. The Clerk has, at all times, been the person whom members go to for advice; with the passage of the CCC legislation we substantially removed him from some portion of that activity, which is, in my view, a terrible indictment of us. That is why I will move this motion. I moved a similar motion in conjunction with the member for Churchlands and a few other people some 18 months ago. The motion I will be moving tomorrow presents no interference at all to members of Parliament. I will not go through the motion in detail because that is for another day, but I ask all members to give serious consideration to my proposal to establish a position of commissioner of parliamentary integrity. I gave a copy of the motion to the Premier this morning, and I sincerely hope that he seriously considers it. In moving this motion I will be seeking the assistance of the Liberal Party to ensure that this motion is debated and that every member of this chamber can vote for or against it, although I suggest that there is absolutely nothing to vote against. I am proposing something which, to a large degree, we used to have, and which exists in Canada, the United Kingdom and a number of other places. I will not say anything more about members of this chamber who have had either minor or major run-ins with the CCC. However, I ask members to consider their own positions. Members are at risk. They are like goldfish in a fish pond. People are looking at them from every direction. I implore members to think about this issue seriously. I ask you, Mr Acting Speaker (Mr P.B. Watson), to consider that I am the father of the house. I will bring that motion to the house that is the considered position of a member of Parliament, not of a National Party member and not of an opposition member. I will put that motion forward as an alternative so that some members may be able to seek some information and guidance on keeping out of the glare of the Corruption and Crime Commission. I return to the report. I have read the report. The Procedure and Privileges Committee will have to deal with it. There are two recommendations, as the deputy chair of the committee has outlined, to which we will have to give consideration. Those two recommendations could also be couched in terms of establishing a commissioner of parliamentary integrity, because if members are operating with integrity, the matters outlined in those two recommendations will not be necessary. However, a quarter of members at least have shown some reluctance to operate within the rules and have put themselves in a position in which the spotlight is clearly on then. I will move that motion. I say again that I will do so as the member for Avon; I will do so, if I can say this, as the father of the house; and I will do so with an eye on each member in this house. I will not bring it forward as a party political position. MR R.F. JOHNSON (Hillarys) [5.56 pm]: As the member for Wanneroo outlined in the speech that she gave when this report was tabled, the Procedure and Privileges Committee has not considered this report in detail. It was handed to the committee yesterday, and the committee’s first job was to table it in Parliament. Like the member for Avon, I have read the report. In due course, the privileges committee will consider the recommendations and all the comments and statements in the report, and the report in general. I am sure that at some stage the committee will give its own report to this house, with any recommendations that it may see fit to make. I agree with a lot of what the member for Avon said about an integrity commissioner. Canada and the United Kingdom have an integrity commissioner, as do a number of other countries. I do not know whether it would be perfect, but in view of what has happened in the past year or two, it must be better than what we have had so far, because, as the member for Avon said, a quarter of the members of this house have been in contact in some way with the Corruption and Crime Commission. That is a dreadful indictment of this house and of members in this house. I have not had a chance to read the member for Avon’s proposed motion yet, but I have given him an assurance that I will. I will probably support it—I give him that indication now—as an individual member because I think it is important. I think his comment that one in four members in this house has been touched, if I can put it that way, by the occurrences that the Corruption and Crime Commission have had to look into is a very serious and [ASSEMBLY - Tuesday, 10 June 2008] 3631 concerning one. It appears to me that, in the main, we can look at three people who have caused a lot of these problems. Three lobbyists in particular have caused problems, certainly according to this report and others. Mr J.R. Quigley interjected. Mr R.F. JOHNSON: The member for Mindarie knows exactly who they are. Mr J.R. Quigley interjected. Mr R.F. JOHNSON: Then he should not ask questions or make silly interjections, should he? The point I am making is that certain lobbyists have caused the problems that have resulted in this report, as well as problems in other areas. They have caused enormous problems for members in this house. I would give one bit of advice. If anybody still needs to receive advice about those people, I would say to every single member that if Brian Burke, Julian Grill or Noel Crichton-Browne make contact, members should simply say no and have nothing to do with them, because if they take that stand, they will not be mentioned in a report, which, unfortunately, is an unpleasant way for a member to have his name remembered in history. As the member for Wanneroo said, the committee will consider this report, and I am sure that it will report at a later stage. MR P.W. ANDREWS (Southern River) [5.59 pm]: It is very rare that I disagree with my colleague, but I disagree with him on the point that he made that more than a quarter of the members of this place have had contact with the Corruption and Crime Commission and that that is an indictment of this place. Mr A.D. McRae: The member for Avon said that. Mr R.F. Johnson: Yes, the member for Avon said that. Mr P.W. ANDREWS: I am sorry, the member for Avon. This Assembly was the body that set up the CCC so that we would have clean government in Western Australia. The CCC has carried out investigations. The mere fact that a quarter of the members in this house have been interviewed or that there have been processes — Sitting suspended from 6.00 to 7.00 pm Mr P.W. ANDREWS: Before the dinner break, I was rejecting the suggestion that a quarter of the members of this house coming into contact with the Corruption and Crime Commission was a poor reflection on this house. In fact, I believe the contrary. A vast number of those members who came into contact with the CCC were in fact called as witnesses to provide evidence for particular investigations. It is certainly not a situation of a quarter of the members of the Legislative Assembly being themselves under investigation. They were assisting the CCC in those investigations. A number of the cases that have been reported to the house tonight from the CCC indicate that there was no case of misconduct to answer. Of that raw number of one quarter of members, it is quite clear that a number of those under investigation had no case to answer, while other members were simply witnesses in the investigations. I reject the implication that a quarter of the members of this house have been the subject of allegations of some sort of misconduct; it is simply not true. The quarter of the members of this place who have come into contact with the CCC, for whatever reason, all assisted in making sure that legislation establishing the CCC was passed. Every single member of this house, to my knowledge, voted for the legislation that set up the CCC, and the CCC is now doing the job it was intended to do. It can be argued that it is a positive reflection on this house that its members were willing to subject themselves to the most strenuous of scrutiny, to create one of the cleanest systems of government in the world. No member of this house is perfect; we all know that—members make mistakes. However, in how many places with Westminster parliamentary systems around the world have members set up a structure that will investigate them if they need to be investigated, and have them stand before the people through an organisation such as the CCC? The members who voted for this legislation include the quarter of members who were called as witnesses. Leaving the politics aside—that is part of the theatre and drama of this place—when we actually get down and look at what the Corruption and Crime Commission has found after all that investigation into what members have done, we find the allegations are restricted to a very small number of members. I cannot say any more than that because some reports are yet to be presented. I will say that the allegations relate to only a very small number of members in this place. If we applied the same stringent investigation and powers that we have given the CCC to any other jurisdiction, I am sure that more than a quarter of members in those jurisdictions would be called forward to give evidence. In other words, if we applied the same legislation to any other jurisdiction in the world, far more people would be investigated than would be asked to give evidence. We need to be very careful about where we set the bar for an investigation. Anybody involved in politics in Western Australia would be stark raving mad—it would amount to political suicide—to get involved in anything to do with Brian Burke. We must never get to a situation in which an investigation is held because a member has been spoken to by a person who might represent someone else, who might be obtaining a benefit and that member takes action. Surely further evidence is required for an investigation other than a member of Parliament being approached. For an investigation to take place, there must be some suggestion that that member has acted in such a way, perhaps prompted by a lobbyist, that he will benefit himself. I have been reported on the front 3632 [ASSEMBLY - Tuesday, 10 June 2008] page of The West Australian as saying that members of Parliament will always be contacted by all sorts of people from the ordinary citizen in the street to paid professional lobbyists. How we register it, how we cope with it and so on is a matter for the house to look at, and I am sure it will do so. When a member of Parliament is approached by someone and then takes an action because he has been approached should not necessarily lead to an investigation. There has to be something that says that this member of Parliament took this action because he was motivated by getting something for himself, getting something for one of his friends or getting something for someone else’s business that that person was not entitled to. If we do not believe that in our hearts, the fundamental principle of having a Parliament does not exist. We are here to represent people and to do what we think is right. We do not want to get to the situation in which simply being contacted by a lobbyist casts a member of Parliament under the shadow of an investigation. As I said, it would be political suicide to get involved with people such as Brian Burke in Western Australia. That by itself should not cast a shadow to the extent that an investigation is necessary or desirable. I reject the notion that it is a poor reflection on this house that a quarter of the people in this place have acted as witnesses, provided information or been under investigation. It is a great reflection on this house and the members in it that they have passed the CCC legislation, however imperfect. They were prepared to put themselves under the scrutiny of the CCC and so far, with exceptions, have not been found wanting. It is a good reflection on the members of this place. DIAMOND (ARGYLE DIAMOND MINES JOINT VENTURE) AGREEMENT AMENDMENT BILL 2008 Notice of Motion to Introduce Notice of motion given by Mr J.C. Kobelke (Leader of the House), on behalf of Mr E.S. Ripper (Minister for State Development). EDUCATION AND HEALTH STANDING COMMITTEE Notice of Motion Mr J.C. Kobelke (Leader of the House) gave notice that at the next sitting of the house he would move — That, in accordance with standing order 249(3), the appointment by the Speaker on 19 May 2008 of the member for Darling Range to the Education and Health Standing Committee to fill the vacancy caused by the member for Dawesville’s resignation is confirmed. BRIDGETOWN MOBILE DENTAL HEALTH CLINIC — RESTORATION Notice of Motion Mr C.J. Barnett, on behalf of Mr P.D. Omodei, gave notice that at the next sitting of the house he would move — That this house calls on the Minister for Health to take all necessary steps to restore the Bridgetown mobile dental health clinic as a matter of urgency. FAIR TRADE SCHEME FOR WA PRODUCE ACTING PRINCIPAL AND DEPUTY PRINCIPAL POSITIONS IN REGIONAL SCHOOLS Removal of Notices — Statement by Acting Speaker THE ACTING SPEAKER (Mr M.J. Cowper): I advise members that private members’ business notice of motion 5, notice of which was given on 13 November 2007, will be removed from the next notice paper unless written notification is provided to the Clerk requiring that the notice be continued. I further advise that private members’ business notice of motion 1, notice of which was given on 15 May 2007 and renewed on 13 November 2007, must now be removed and will not appear on the next notice paper. BUSINESS OF THE HOUSE Matter of Public Interest — Statement by Acting Speaker THE ACTING SPEAKER (Mr M.J. Cowper): I further advise members that we were set to debate a matter of public interest. That will now be deferred until tomorrow, as I understand. I will simply not read it out as I have been advised of other things. BILLS Assent Messages from the Governor received and read notifying assent to the following bills — 1. Employment Dispute Resolution Bill 2007. 2. Legal Profession Bill 2007. [ASSEMBLY - Tuesday, 10 June 2008] 3633

3. Medical Practitioners Bill 2006. 4. Mines Legislation Amendment and Validation Bill 2007. 5. Fatal Accidents Amendment Bill 2008. BILLS Returned 1. Community Protection (Offender Reporting) Amendment Bill 2007. Bill returned from the Council with an amendment. 2. Acts Amendment (Consent to Medical Treatment) Bill 2006. Bill returned from the Council with amendments. THE CLIFFE — REMOVAL FROM REGISTER OF HERITAGE PLACES Assembly’s Resolution — Council’s Concurrence Message from the Council received and read notifying that it had concurred with the Assembly’s resolution. JOINT STANDING COMMITTEE ON THE COMMISSIONER FOR CHILDREN AND YOUNG PEOPLE Council’s Message Message from the Council received and read requesting concurrence in the appointment of a Joint Standing Committee on the Commissioner for Children and Young People. BILLS Returned 1. Children and Community Services Amendment (Reporting Sexual Abuse of Children) Bill 2007. Bill returned from the Council with an amendment. 2. Road Traffic Amendment Bill 2008. 3. Minerals and Energy Research Amendment Bill 2006. Bills returned from the Council without amendment. JOINT SELECT COMMITTEE INTO THE REGULATION OF LOBBYISTS IN WESTERN AUSTRALIA Council’s Message Message from the Assembly received and read requesting concurrence in the appointment of a Joint Select Committee into the Regulation of Lobbyists in Western Australia. FOOD BILL 2005 — LEGISLATIVE COUNCIL AMENDMENT 13 Ruling by Speaker THE ACTING SPEAKER (Mr M.J. Cowper): Members, I have a ruling by the Speaker. Members, I have a ruling to make relating to Legislative Council message 210 concerning the return of the Food Bill 2005 with amendments. The message appears on today’s notice paper as government business order of the day 15, and there are 14 amendments, commencing on page 12 of the notice paper. Amendment 13 proposes the insertion of new clause 141, which reads — 141. Payment of compensation to be charged to Consolidated Account The Consolidated Account — (a) is charged with the payment of any compensation payable by the CEO or an enforcement agency prescribed by the regulations that is payable — (i) under section 35, 56, 60 or 70; or (ii) as the result of a review by the State Administrative Tribunal under section 35, 56, or 70; and (b) is appropriated accordingly. Section 46(3) of the Constitution Acts Amendment Act 1899 provides that the Legislative Council may not amend any bill so as to increase any proposed charge or burden on the people. Generally speaking, this means that the Council may not insert provisions that have the effect of making an appropriation of money or revenue. 3634 [ASSEMBLY - Tuesday, 10 June 2008]

I have examined the Food Bill and it is my view that clauses 35, 56, 60 and 70 referred to in the proposed Legislative Council amendment already provide for the payment. This house has always treated clauses such as these as appropriating provisions, and I am sure it will continue to do so. Indeed, a message from the Governor was provided on 23 November 2005, under section 48(8) of the Constitution Acts Amendment Act 1899, recommending appropriations for the purpose of the bill. What then is the effect of Council amendment 13? The two-sentence explanation given in the Council was brief, with the minister indicating that this amendment provided that any compensation payable under the compensation provisions of the legislation would be drawn from consolidated revenue, and that the insertion was necessary to correct a drafting error. I differ from the view expressed in the Council, for the reason I indicated earlier, which is that the payments are already required to be made as a result of existing provisions in this bill, and provision will be made in the annual appropriation bills accordingly. The insertion of this clause removes the appropriation from the annual appropriation bills to funding on a standing basis known as a “special acts” appropriation. This changed nature of the appropriation does not mean that there will be an increase in appropriation. If the clause had the effect that it appears the minister thought it would have, I would now rule it out of order. I do not do so. However, the house may wish to consider whether it is prepared to accept an amendment in these terms that will take from the house the appropriation of the necessary sums on an annual basis. APPROPRIATION (CONSOLIDATED ACCOUNT) BILL (NO. 1) 2008 APPROPRIATION (CONSOLIDATED ACCOUNT) BILL (NO. 2) 2008 Estimates Committees A and B Report and Minutes — Presentation MS D.J. GUISE (Wanneroo — Deputy Speaker) [7.21 pm]: I present to the Legislative Assembly the reports and minutes of Estimates Committees A and B. [See papers 3937 and 3938]. Estimates Committee A Report — Adoption Ms D.J. GUISE: I move — That the report of Estimates Committee A be adopted. Before I give my usual breakdown of the divisions for each portfolio, I would like to make some observations about estimates this year and estimates overall. I will deal first with Estimates Committee A. There were 42 requests for supplementary information, and I have been advised that all of that information has been received. There are some issues that need to be addressed this year. The first issue is that I would like to suggest to the management committee that it give some thought to putting the smaller divisions first on the list. I will use as an example the education and training portfolio. I suggest that the sessions for the Country High Schools Hostels Authority, Education Services and the Curriculum Council be run first. That would eliminate the need for the advisers to wait throughout the entire education and training session in case they are asked a question. This year, the education and training portfolio was allocated six hours in total. Education and training per se took four hours 50 minutes of that time. The Country High School Hostels Authority division took 10 minutes; the Curriculum Council took 20 minutes; the Department of Education Services took 23 minutes; and the South West Development Commission took 40 minutes. If we look back at other years, a similar pattern has occurred. Indeed, it has occurred in other areas where there have been smaller divisions before we get to the larger ones that most members have an interest in. In consultation with the Whips this year, we were able to organise in advance, for example, road safety to precede WA Police, Fire and Emergency Services Authority, and the Department of Water. We did this so as to allow some members and our Acting Chairs to be able to move between sessions. We took it to the management committee to suggest that this happen and we achieved some cooperation. I suggest to the management committee in future that if this were formalised as a process and agreed to in advance, it would make the Whips’ job far easier and also assist members. Mr C.J. Barnett: I heard the member’s argument, but I actually missed her suggestion at the beginning. It is a powerful argument, but I do not know what it was about! Ms D.J. GUISE: I am suggesting that the management committee, when considering these portfolios, schedule the smaller divisions first, cognisant of the fact that historically they take far less time than the major area of the portfolio. I used the Department of Education and Training as an example, member for Cottesloe. If we look at other areas, we find the same thing comes up every year and members get frustrated about it. One adviser drove all the way from Albany for a couple of questions. That was embarrassing. We can eliminate some of this if we allocate things differently and advisers would not have to sit around, in this case through four hours 50 minutes, before their section begins. That is one suggestion I have. [ASSEMBLY - Tuesday, 10 June 2008] 3635

The other suggestion is that we canvass members, as we do for the off-budget items, about which divisions they would like to ask questions. If we look at the tally that I will give shortly, it can be seen that in some areas no questions at all were asked. It was not necessarily just because time ran out; it was the fact that there were other divisions that members really had an interest in and they did not particularly care if they did not get to those others. Once again, we had advisers sitting through all of this when the time could have been allocated differently. We certainly seemed to get that right this year, if we look at the time allocated and the questions asked for the off-budget items. The only exception to this, in terms of off-budget authorities, was the Country Housing Authority in committee B in which only half the time allocated was used. We got all the other off-budget items spot-on this time. That brings me to an area that has been contentious in past years; that is, the development commissions. I undertook some research on this because I was a bit perturbed about whether we were doing the right thing. I looked at the following divisions: Peel Development Commission, South West Development Commission, Goldfields-Esperance Development Commission, Great Southern Development Commission, Kimberley Development Commission, Pilbara Development Commission, Gascoyne Development Commission, Mid West Development Commission and Wheatbelt Development Commission. The divisions for the Peel and South West Development Commissions were joined at the hip in the years 2005, 2006 and 2007. In 2005, nine questions were asked; in 2006, two questions were asked; in 2007, three questions were asked; and, in 2008, there is an exception to the rule, the government asked three questions, the opposition asked 19, and the division took 40 minutes. There is an exception here. The other exception this year was the Goldfields-Esperance Development Commission. In years past it was joined with the Great Southern Development Commission; this year it was not. In 2005, two questions were asked; in 2006, five questions were asked; and, in 2007, four questions were asked. This year we did far better— the government did not ask any questions, the opposition asked 24 and the Independents asked five. The division took 53 minutes. Keep in mind that the Great Southern Development Commission was separated out of that equation. I refer now to the Kimberley, Pilbara and Gascoyne Development Commissions. Keep in mind the large area we are talking about and where those advisers come from. In 2005, three questions were asked; in 2006, one question was asked; in 2007, two questions were asked; and, in 2008, no questions at all were asked. The scenario for the Mid West and Wheatbelt Development Commissions was the same: one question was asked in 2005, one question was asked in 2006, no questions were asked in 2007 and no questions were asked in 2008. As I have said, half an hour was allocated for the hearing for the Great Southern Development Commission. I think we pretty well got it right. Two questions were asked by government members and 13 questions were asked by opposition members. I think the half-hour allocation should probably continue. Obviously, it might work for the Goldfields-Esperance, Great Southern and South West Development Commissions. Perhaps that is indicative of the fact that a fair swathe of members are from the south west. However, perhaps we need to give more thought to consulting members on all the development commissions and whether they want advisers to attend the hearings. We held a teleconference with some of the commissions one year. However, if we consider the cost and time involved in bringing advisers from the Kimberley, Pilbara, Gascoyne, mid-west and wheatbelt to Perth to answer no questions, we must wonder whether it is worth their while and ours and whether that is the best use of their time and ours. I urge the management committee to give some thought to those questions. I am sure that the Procedure and Privileges Committee will continue to look at ways of improving the estimates committee process. For example, is it possible that in years to come we will go down a similar path to that of the Senate? Is there a process whereby we can focus on ministers’ policies and allow for programs to be more closely examined project by project by members and advisers from the departments? Frankly, all members of this place, whether they are from the government or otherwise, want to be assured that they are getting the best value for money from a particular project. Is that a process that we might want to consider further in years to come? The question that we often ask ourselves after estimates hearings is: are we getting the best possible outcome? Before I go on to express the thanks that I wish to share with members, I will provide a breakdown of the hearings for the reasons that I have outlined in my preliminary comments and in the hope that the management committee might refer to it for some guidance. I will start with Estimates Committee A hearings on the Tuesday. In the hearing on division 1, Parliament, with the Speaker, government members asked 10 questions and opposition members asked 17 questions, and it took 50 minutes. In the hearing on division 2, Parliamentary Commissioner for Administrative Investigations, government members asked two questions and opposition members asked four questions, and it took 10 minutes. In the hearing on division 63, Corrective Services, government members asked eight questions and opposition members asked 32 questions, and it took one hour 45 minutes. In the hearing on division 64, Office of the Inspector of Custodial Services, government members asked two questions and opposition members asked one question, and it took two minutes in total. In the hearing on 3636 [ASSEMBLY - Tuesday, 10 June 2008] division 65, Small Business Development Corporation, government members asked six questions and opposition members asked 20 questions, and it took 58 minutes. The total time allocated was three hours and that is exactly what it took. Four hours were allocated for the hearing on division 20, Racing, Gaming and Liquor. Government members asked eight questions and opposition members asked 32 questions, and it took one hour seven minutes. In the hearing on division 19, Local Government and Regional Development, services 1 and 3, government members asked six questions, opposition members asked 19 questions and Independent members asked two questions, and it took one hour 38 minutes. In the hearing on division 21, Goldfields-Esperance Development Commission, government members asked no questions, opposition members asked 24 questions and Independent members asked five questions, and it took 53 minutes. In the hearing on division 57, Consumer and Employment Protection, service 2, government members asked three questions, opposition members asked 28 questions and Independent members asked seven questions, and it took one hour 27 minutes. In the hearing on division 58, Registrar, Western Australian Industrial Relations Commission, government members asked no questions and opposition members asked one question, and it took five minutes. In the hearing on division 19, Local Government and Regional Development, service 2, government members asked two questions, opposition members asked 15 questions, and an Independent member asked one question, and it took 50 minutes. In the hearing on division 59, Fisheries, government members asked eight questions, opposition members asked 17 questions and Independent members asked five questions, and it took 45 minutes. As I mentioned before, for division 60, Kimberley Development Commission, division 61, Pilbara Development Commission, and division 62, Gascoyne Development Commission, no questions were asked because all the time had been taken up on the other divisions. On Wednesday in committee A, on division 3, Premier and Cabinet, services 1, 2, 3, 4, 5, 6 and 8, the government asked 21 questions and the opposition asked 33 questions, and it took three hours; division 12, Industry and Resources, services 3 and 5, the government asked two questions and the opposition 14, and it took 35 minutes; division 14, Governor’s Establishment, no questions were asked; division 5, Office of Public Sector Standards Commissioner, the government did not ask any questions and the opposition asked seven, and it took 23 minutes; division 6, Salaries and Allowances Tribunal, no questions were asked and that session was allocated four hours; division 13, Agriculture and Food, was allocated two hours and the government asked two questions and the opposition 34, and that division took one hour 45 minutes, which left division 14, Agriculture Protection Board of Western Australia, on which the government asked one question and the opposition two questions; division 15, Rural Business Development Corporation, the government asked no questions and the opposition two, and it took five minutes; division 16, Mid West Development Commission, and division 17, Wheatbelt Development Commission, no questions were asked because there was no time left; and division 35, WA Health, was allocated five hours and the government asked 12 questions, the opposition, 97, and Independents, 12, and it took four hours 30 minutes. Estimates Committee A on Thursday: division 7, Treasury and Finance, was allocated four hours, on which the government asked three questions and the opposition 62, and it took three hours 50 minutes; and division 8, Office of Native Title, the government asked no questions and the opposition four, and it took eight minutes. That left the following divisions on which no questions were asked as time ran out: division 9, Office of the Auditor General; division 10, Economic Regulation Authority; division 11, State Supply Commission; and division 12, Industry and Resources, services 4 and 6. It begs the question once again in terms of the argument that I made earlier. Division 18, Great Southern Development Commission was allocated 30 minutes, and it took 30 minutes, and the government asked two questions and the opposition asked 13; division 3, Premier and Cabinet, the time allocated was three and a half hours, and on service 7, “Support for the Implementation of the State’s Road Safety Initiatives”, the government asked three questions and the opposition 20, and it took 50 minutes; division 22, Western Australia Police, the government asked 11 questions, the opposition, 23, and Independents, 12, and it took one hour 40 minutes; division 23, Fire and Emergency Services Authority of Western Australia, the government asked three questions and the opposition eight, and it took half an hour; division 24, Water, the government asked one question and the opposition 12, and it also took half an hour. The Water Corporation, an off-budget authority, was allocated one hour, which it took, and the government asked no questions, but the opposition asked 27; division 25, Sport and Recreation, was allocated an hour and the government asked one question and the opposition 24, and it took 50 minutes; and the remaining 10 minutes were taken up with division 26, Western Australian Sports Centre Trust, and the government asked no questions and the opposition asked seven. Members I have deliberately gone through the statistics once again this year in the hope that, given the comments I made earlier, the management committee will be cognisant of some of those facts and give some thought to how it allocates those divisions next year. By the way, it was mentioned by one member that forestry did not rate a mention and that somehow or other it was missed. Whether that was a deliberate decision of the management committee, I do not know, but it certainly did not get a guernsey this year. I will briefly give members the stats for committee B when the relevant question is put. [ASSEMBLY - Tuesday, 10 June 2008] 3637

Finally, I will conclude by giving a generic thank you. I really thank members for their cooperation and participation again this year, with a special thanks to both the government Whip and the opposition Whip. They were terrific in getting their troops together and making sure members were present at the right time. I thank the Acting Speakers, who gave a tremendous amount of their time and assistance, and the Clerks and Assembly staff who gave tremendous support and assistance; it was very much appreciated during estimates committee week. MR C.J. BARNETT (Cottesloe) [7.40 pm]: I will make just a few brief comments. I say at the beginning that I thought that, despite its imperfections, the estimates committee process worked better this year than it has in more recent years. I also thank the various chairmen, the Whips and the parliamentary staff. I thought the process was better organised and ran more smoothly. I think the program by and large worked well, given the time constraints in which it was done. One particular area of confusion, which is a function of the way the government has organised its cabinet and portfolios, related to the Department of Industry and Resources. With three ministers involved, it was frankly a shemozzle going from one to the other. If the government is going to persist in having three ministers for one department, I think the process should not be done in order of minister but by the department. There were disputes in committees on whether something was the responsibility of the Treasurer, in his state agreement role, or the Minister for Resources. Frankly, when we asked the Minister for Resources a question, he said that it was the problem of the Deputy Premier. At least the Deputy Premier tried to answer questions. There was a confusion about the roles. If the government is to have multiple ministers for an agency, the three ministers or the two ministers concerned need to be there to deal with the agency in one go. It was unnecessarily confusing. Mr E.S. Ripper: I am just thinking of three ministers sitting here trying to maintain consistency in their answers. Mr C.J. BARNETT: Perhaps the Deputy Premier will think of the hapless opposition trying to make sense of the shemozzle resulting from the portfolios and the poor, frustrated, struggling agency that does not know who is in charge of what. Mr P.B. Watson: There should be more ministers! Mr C.J. BARNETT: Why not? In previous years we got into a dreadful shemozzle with signing people on, signing them out and working out who could ask questions. That part of the process worked perfectly well and the approach to it had a bit of pragmatism and commonsense about it. It is my understanding that the request for the supply of information through supplementary questions has been met. Certainly, no-one has said to me that he or she has not received answers. I think that has worked well. The forensic detailing of questions asked by opposition and government members shows that in most cases the opposition got the lion’s share of the questions. That is the way it should be. In a couple of cases in a couple of committees that I was involved with or sat in on, dorothy dix questions were asked of ministers. It did not happen too often. I think it is absolutely pathetic if a minister is not across his or her portfolio and has to rely on dorothy dix questions. Let alone at question time, where they should be banned, they should be absolutely banned from an estimates committee. They serve no useful purpose other than to waste time. Having said that, in some cases government backbenchers did have legitimate questions on items in the budget dealing with a policy or electorate matter. I do not deny their right to ask legitimate questions, but blatant dorothy dixers are frankly an insult to anyone’s intelligence. May I just say, as one of my little swan song statements, whether it be a Liberal or Labor government, it is invariably the poor ministers who have dorothy dix questions asked of them. The good ministers do not need them; it is only the poor ministers, whether they be Liberal or Labor, who need dorothy dixers. A couple of ministers thought that they did not have to answer questions. In those cases the chairpersons were strong and reminded them that they did have to answer questions and they did have to be accountable. May I suggest to ministers—they varied in the way they handled it—that if a question is of a policy nature or perhaps a political or contentious nature, it is appropriate for a minister to handle it. That is what a minister should do. However, when a question is simply of a factual, statistical or informational nature, again a good, confident minister will simply defer to a public servant who will deal with it directly. That is a minister being competent in his or her role as a minister and having confidence in his or her staff. That is what a minister should do. One of the members opposite referred to the Senate estimates committee hearings, in which chief executive officers of departments answer the majority of the questions. Estimates hearings provide the opportunity for the Parliament, not to grill members, which is what we do every day of the week, but to ask questions of the senior bureaucrats in Western Australia about the administration of their departments. When it is a policy or political issue, sure, the minister answers. With respect to the suggestion made by the Chairman of Committees that all the minor agencies be heard first, I agree with the recognition of that problem; that is, people are left sitting around for a long time to answer very little. However, there is the other scenario; that is, when the Minister for Health looked as though he had an entire football side with him. There were more members on the government side than are in this chamber when it is question time. That is the other extreme. I do not agree that the solution is necessarily to put the minor 3638 [ASSEMBLY - Tuesday, 10 June 2008] agencies first. Inevitably, people will then ask questions and the committees will run out of time for the major portfolios. We should perhaps consider deciding in advance whether questions are to be asked of those agencies, or to allocate a period at the end. That is a fair point of view. In spite of the fact that the estimates committee process itself worked better this year, it is still a flawed process. I think a better functioning Parliament and perhaps a more accountable one would take a longer-term approach to it. It seems to me that it is quite appropriate that, given it is the Parliament that allocates public money and is ultimately responsible and accountable for those public moneys, the Parliament should have the ability to scrutinise the expenditure of that money and the performance of various agencies, perhaps almost in an apolitical way. As I have said in this house before on previous such occasions, I would like to see an ongoing process, if not throughout the year, perhaps for the second half of the year following the presentation of the budget. We would not hold up the passage of the budget. We could sit a bit longer or deal with it during non-sitting weeks. Perhaps we could then deal with a lot of the minor agencies and, gradually, over a number of weeks, arrange for the chief executive officers or agencies to appear here at set times for any member to ask questions. It would be a modernisation of the processes of this Parliament and provide a better reporting mechanism. Mr E.S. Ripper: There is no reason that the standing committees could not do that for the agencies they have in their remit. They could let other members of Parliament know that they are having a morning of hearings with regard to the various agencies, and that they are welcome to turn up. Mr C.J. BARNETT: It could be done through the Public Accounts Committee, for example. It should be seen not only as a committee role, but also as a broad parliamentary role. Every Tuesday morning for a number of weeks, for example, the Parliament could deal with day-to-day machinery issues. That would not be a bad thing for agencies themselves. It is interesting to watch the demeanour of some public servants. Some come in with a sense of trepidation because they are in Parliament; they are a bit apprehensive and have prepared at great length. My observation is that the more long-serving senior bureaucrats do that. Some public servants have a flippant arrogance that I find insulting. If I see it, I point it out if I have the chance because I think it is unacceptable. Public servants need to be reminded why there is a distinction between executive government and Parliament. Ultimately, Parliament is accountable for public moneys. It would not be a bad discipline for the public service to be accountable to Parliament, not in an aggressive format but a properly managed format over perhaps three months following the delivery of the budget. We could work through the winter recess. We do not all have to go to Europe; we can miss out once in a while. Why not do that? Why not have a process of accountability continuing for a while? I will not be here next year; I will be in Europe. I will think of members and how they are going while I am in Tuscany! I have made similar comments before about the estimates committee process; I think we need a better process than the current estimates committee hearings. I thank members; I think it worked better this year. The estimates committee process has progressively improved. However, we have reached the stage at which the structure is beyond further improvement. I would like to see a more sustained, forthright analysis and questioning of all the agencies of government in Western Australia. DR G.G. JACOBS (Roe) [7.48 pm]: As opposition Whip, I felt that the pain of budget estimates—the Chairman of Committees and the government Whip will understand—was a lot less injurious this year. I do not know whether that is because I am getting better at it or because I got assistance from the member for Wanneroo’s electronic roster. When I first became a member of Parliament and I did the budget roster for the first time, I think I went through 13 paper drafts. Members might say that that is part of the job, but I found it very difficult to try to line up all the ducks. This year we had three electronic copies of the budget roster. The process was made better also by communicating more with my colleagues about what they wanted to be involved in. I thank the Deputy Speaker and the government Whip for their assistance in the process. Like the member for Cottesloe, I believe that the process was probably as good as it gets. When I first came into this place, I found a couple of issues very difficult to come to terms with. At the risk of being charged with heresy, I do not for the life of me see the rationale behind the inability of members on this side of the house to ask questions of ministers from the other house who are directly involved with a portfolio. There is the ridiculous situation whereby a shadow minister from this side of the House must ask the parliamentary secretary representing the minister who resides in the upper house very important and sometimes difficult and complex questions. The upper house budget estimate hearings are held on just one day. The Minister for Agriculture and Food, for example, is a member of the upper house and the Parliamentary Secretary to the Minister for Agriculture and Food is a member of the lower house. A lower house representative—a proxy—answers questions for the minister in the upper house. There may be a very good reason for that. However, to my simple mind, I wonder why it is not possible to involve the Minister for Agriculture and Food in the budget estimates for this place. As I said, there might be a very good reason for that. However, if we are [ASSEMBLY - Tuesday, 10 June 2008] 3639 sincere about making this process work well, we must consider whether there is some way for a minister of the upper house to answer questions asked by the members of the lower house. I might get howled down for another concern I have. I do not see why the government asks questions of its own ministers, which takes up the time of the house. As the Deputy Speaker has said, it is tokenistic, and that is suggested also by the figures. The government asked two questions while the opposition asked 13 questions. Government members have every opportunity to ask questions of ministers from their own side of politics. Government members have an opportunity to ask genuine questions of ministers every day. Ms D.J. Guise: Member for Roe, nothing beats asking a question during an estimates committee! Dr G.G. JACOBS: If the member for Wanneroo wants to ask a question of a minister during an estimates committee, she should give it to me and I will ask it! I watched government members during the estimates committee and, quite honestly, it seemed as though they attended because they had to attend. They attended hearings on portfolios in which they had no real interest or experience. Government members were told that three government members had to attend each division hearing so they fulfilled that role. Sure, some government members asked important questions on behalf of their electorates, as the member for Wanneroo indicated. However, I believe that in many cases the system could be streamlined. This year’s estimates process was much more constructive and useful than was the case on previous occasions. The system worked very well. Indeed, when I returned to Parliament I found a stack of answers to the supplementary questions I had asked. That is a useful process. There are two aspects of heresy. First, why can we not ask a question of a minister regardless of whether that minister is a member of this house or the upper house? Second, should government members slavishly adhere to the requirement that three government members attend each estimates hearing, especially given that they ask questions only because they have to? Should the government slavishly stick to that formula? Members opposite may say that once the opposition is in government, things might be different. However, if we sincerely want to make the process work better, we must consider those issues. This year’s process worked very well. I look forward to next year’s estimates committees. Question put and passed. Estimates Committee B Report — Adoption MS D.J. GUISE (Wanneroo — Deputy Speaker) [7.58 pm]: I move — That the report of Estimates Committee B be adopted. I will not repeat the comments that I made when I spoke about committee A, because they apply equally to committee B. Suffice it to say that there were 48 requests for supplementary information. I have been advised that all the requests for supplementary information have been fulfilled, which is excellent. For the same reasons that I did it for committee A, I will provide a breakdown of the questions in the hope that the statistics will inform next year’s management committee when it allocates divisions and times. The analysis for estimates committee B on Tuesday is as follows. During the hearing on division 47, Disability Services Commission, government members asked 10 questions, opposition members asked 46 questions and the Independents asked 10 questions. The hearing took two hours 20 minutes. During the hearing on division 48, Western Australian Tourism Commission, government members asked two questions and opposition members asked 31 questions, and the session took one hour 15 minutes. No questions were asked during the hearings on division 49, Culture and the Arts; division 57, Consumer and Employment Protection, service 1; and, division 72, Communities, service 5, which related to multiculturalism. Interestingly, the session finished one hour 15 minutes early. Five hours were allocated but clearly not all that time was taken and no questions were asked during the hearings on the three divisions. A management committee, next year, might like to look at that particular portfolio area — Mr C.J. Barnett: I will share my advice from Brussels with you. Ms D.J. GUISE: I thank the member for Cottesloe! Mr C.J. Barnett: Expect an email! Ms D.J. GUISE: That is very kind! Education and Training was, in total, allocated six hours. The breakdown, as I alluded to before, was as follows. On division 50, Education and Training, the government asked two questions; the opposition, 13; and Independents, 20. It took four hours 50 minutes. Division 51, Country High Schools Hostels Authority, took 10 minutes. The government asked no questions and the opposition asked six. Division 52, Curriculum Council, took 20 minutes. The government asked two questions and the opposition asked six. Division 53, Education Services, took 23 minutes. The government asked no questions and the opposition asked five questions. Division 54, South West Development Commission, took 40 minutes, and the government asked three questions and the opposition asked 19. 3640 [ASSEMBLY - Tuesday, 10 June 2008]

On Wednesday, division 43, Planning and Infrastructure, and division 46, Western Australian Planning Commission—I understand they were combined, with the agreement of the committee—took two hours. The government asked 12 questions; the opposition, 22; and Independents, six. Division 44, Commissioner of Main Roads, took 20 minutes. The government asked three questions; the opposition, six; and Independents, one. No time was left for division 45, Public Transport Authority, so no questions were asked. One hour was allocated to the Western Australian Land Authority, an off-budget authority, and one hour was taken. The government asked two questions; the opposition, 21; and Independents, one. The Esperance Port Authority was allocated half an hour, and all this time was taken. The government did not ask any questions and the opposition asked 13. I think they were probably all from the member for Roe. On division 55, Office of Energy, the government asked nine questions; the opposition, 42; and Independents, 27. It took one hour 50 minutes. No questions were asked on division 56, Chemistry Centre (WA). Division 12, Industry and Resources, services 1 and 2, took 10 minutes. The opposition asked three questions and the government asked none. Two hours were allocated to that group of agencies, and two hours were taken. One hour was allocated to Verve Energy, an off-budget authority, and it was certainly all taken. The government asked one question and the opposition asked a total of 25. One hour was allocated and taken for Western Power (Networks). The government asked five questions and the opposition asked 12. Division 66, Environment and Conservation, took two hours 40 minutes. The government asked 12 questions and the opposition asked a total of 47. No questions were asked on division 67, Botanic Gardens and Parks Authority. Division 68, Swan River Trust, took 20 minutes. The government asked three questions and the opposition asked three. No questions were asked on division 69, Zoological Parks Authority, and division 70, Peel Development Commission, as no time remained because the bulk of it—three hours in total were allocated—was spent on Environment and Conservation. Once again, there is an argument for looking at how we allocate time on the day. On Thursday, a total of four hours was allocated to the morning session of Estimates Committee B, and it was broken up as follows. On division 27, Attorney General, the government asked four questions; the opposition, 27; and Independents, seven. It took one hour 15 minutes. No questions were asked on division 28, Commissioner for Equal Opportunity. Division 29, Corruption and Crime Commission, took one hour 15 minutes. The government asked 20 questions and the opposition asked 20. Division 30, Parliamentary Inspector of the Corruption and Crime Commission, took five minutes. The government asked three questions and the opposition asked three questions. No questions were asked on division 31, Law Reform Commission. Division 32, Office of the Director of Public Prosecutions, took 45 minutes. The government asked one question; the opposition, 15; and Independents, 17. Division 33, Commissioner for Children and Young People, took five minutes. The government asked no questions, the opposition asked two, and Independents asked five. Division 34, Office of the Information Commissioner, took 11 minutes. The government asked no questions, the opposition asked two, and Independents asked seven. Division 36, the Western Australian Electoral Commission, took two minutes, and Independents asked two questions only. A total of three and a half hours was allocated to the portfolio area of housing and works, and the time was taken up as follows. On division 37, Housing and Works, the government asked five questions; the opposition, 22; and Independents, six. That took 53 minutes. On division 38, Housing Authority, the government asked five questions and the opposition asked 34, and the session took one hour seven minutes. On division 40, Heritage Council of Western Australia, the government asked one question and the opposition asked three, and it took 15 minutes. On division 41, National Trust of Australia (WA), the opposition asked four questions in 12 minutes. On division 42, Western Australian Land Information Authority, the opposition asked three questions in five minutes. Division 39, Indigenous Affairs, took 43 minutes, and the government asked one question and the opposition asked 20. The Country Housing Authority, an off-budget item as I referred to before, was allocated half an hour but took only 15 minutes. The government asked no questions and the opposition asked 11. On division 71, Child Protection, the government asked 25 questions and the opposition asked 41. Three hours in total were allocated to this portfolio area and it took two hours 15 minutes. On division 72, Communities, services 1, 2, 3 and 4, the government asked nine questions and the opposition asked three in the 37 minutes that remained. That gives members a breakdown of those portfolio areas and divisions. I think the member for Roe will find from that information provided that certainly opposition members and Independents had a very fair go. I commend government members for asking only those questions that they felt were important to their electorate or, strategically perhaps, to send a message to the minister. I watched a few ministers pale when some government members decided to ask them something that perhaps was not on script, which is very healthy, I believe, for our process in this place. I appreciate it when government members allow the opposition to ask as many questions as possible. I know it is very much appreciated on the other side, and, as roles switch over time, I am sure that it will also be appreciated by those who end up being on the other side. [ASSEMBLY - Tuesday, 10 June 2008] 3641

Finally, I reiterate once again my thanks to everyone involved. The support from the members, the Whips, the Acting Speakers and particularly the staff was exceptional. It certainly helped make those three days, albeit long days, as enjoyable as possible. Therefore, I thank everyone very much. Question put and passed. APPROPRIATION (CONSOLIDATED ACCOUNT) BILL (NO. 1) 2008 Third Reading MR E.S. RIPPER (Belmont — Treasurer) [8.07 pm]: I move — That the bill be now read a third time. DR S.C. THOMAS (Capel) [8.08 pm]: There was a list and I was not first on it, but I will jump up and change the order to speak on the appropriation bills for 2008-09. I have not brought a lot of my charts back into the chamber this time, because I want to make only a couple of very important points. This bill has a couple of highlights. The first, of course, is that tax relief is provided from conveyance duty in Western Australia. It is a good tax relief program. It increases the thresholds by up to 50 per cent. I was expecting some tax relief in the conveyance duty thresholds. My predictions were a 10 to 20 per cent increase in thresholds. I am remarkably pleased that the government has put forward a proposal to increase the thresholds by up to 50 per cent. It is a reasonable level of tax relief for homebuyers in Western Australia. Unfortunately, it does not include business taxes, and that is a concern, but it is good to see that homebuyers have been given some relief. I am showing a chart that I used during my second reading contribution. In case members happen to have missed it, this chart derives from the midyear review in December 2007 and shows a comparison of the tax impacts per capita across all the states of Australia. As we can see, and as I said at the time, Western Australia is by far the highest taxing state in the country, and the tax take is going up in the new budget and in the February review. Compared with the level of taxation, the tax relief provided by the Western Australian government is a small patch at the end, about the length of a fingernail. That bit of tax relief still leaves Western Australia the highest taxing state in Australia, and the government has failed to remedy this. There is some slight cost in the tax relief that the government has provided for Western Australia, but in the end the overall tax take by the government of Western Australia continues to rise. At the same time, the Carpenter Labor government has been blowing the boom in Western Australia. The chart I am now showing demonstrates most effectively how the Carpenter government is in the process of blowing the boom. The growth in revenue hit a peak in 2005-06, and the growth in revenue then started to decline. In 2011- 12 the revenue will start to flatline and become neutral. At the same time, the government’s expenditure continues to increase. In the past year, the lines have crossed over so that the growth in expenditure is now greater than the growth in revenue, and that will start to expand. It can been seen from the chart that the period of great opportunity for Western Australia was in the early years from 2002 to 2007. Those years are starting to move beyond us. Western Australia had an amazing opportunity to convert the boom. It could be argued that significant tax cuts should have been provided then, but beyond tax cuts, we had the opportunity to provide significant infrastructure that would future-proof Western Australia. That is what the government failed to do in that time. The infrastructure the government is proposing will not future-proof Western Australia, and will leave us in a position in which the government will have to start borrowing heavily to pay for what has been promised in the future. There will come a time in a few years when the government will have to decide which parts of its $26 billion capital works program will remain on the same time lines, which projects will be extended out because the government is having trouble meeting the costs, and which projects will be thrown out. I am convinced that all those things will start to occur because the government cannot control its rampant expenditure growth and cannot match its expenditure growth with the growth in revenue. A couple of things came out during the budget estimates. The first is that the Carpenter state Labor government and the Rudd federal Labor government cannot agree on how much goods and services tax revenue Western Australia will receive over the next four years. There is about a $1 billion discrepancy. While the state government says it is budgeting conservatively, if the federal government is right, the state will have an additional $1 billion over that period. I am not saying that GST revenues are not declining in comparison with the situation in other states. In fact, GST revenues are flatlining, but there is a significant difference that still has to be properly and adequately accounted for in the budget process in Western Australia. That is something that has come out of the budget estimates. A couple of other significant things have come out of budget estimates. One is that the Office of Shared Services remains a weeping sore in the governance of Western Australia and something that the government, and the Treasurer in particular, cannot get a handle on. They have not been able to adequately explain the blow-outs in the Office of Shared Services. The business case for maintaining the Office of Shared Services should be released as a public document so we can see whether the government is justified in the 400 to 450 per cent 3642 [ASSEMBLY - Tuesday, 10 June 2008] blow-out—amounting to $370 million—in the Office of Shared Services, which started as an $83 million project. It was not a 30 to 50 per cent blow-out such as we saw with the Perth-Mandurah railway, the Fiona Stanley Hospital or lots of other major projects that this government has tried to deliver. The new sports stadium—the stadium that may or may not eventually have an extra 10 000 seats—will be an interesting project. That project will potentially be at risk down the track when the government starts to blow out its capital works program. The blow-out in the cost of the Office of Shared Services is still inadequately explained. The other thing that still has to be explained is what is happening to the energy system in Western Australia, which has gone from one disaster to the next in the past couple of weeks. I do not think the Minister for Energy has the faintest clue what is going on in his portfolio. That must be an embarrassing situation for the government. The price rises have yet to be justified. The lack of administration, the lack of maintenance and the lack of management of all the energy systems are no excuse for the situation that we find ourselves in at the moment. We have a billion-dollar black hole as far as energy is concerned. This is only the beginning. The energy system of this state is falling into disarray. I do not blame the government for the explosion on Varanus Island. The fact is that the government does not have an adequate management system or backup system in place, it does not know what financial controls it needs to have in place and it is building itself a hedge fund that it will probably now have to spend to some degree, making up for its mismanagement and problems in the energy system. I thought the government was building a hedge fund to put money back into the state of Western Australian’s governance. As it cannot control its expenditure, it has to find another source of revenue. The public non-financial corporations range from $200 million losses to $420 million profits in one year. I am talking not about 2008-09 but about 2009-10. That is a $620 million turnaround in one year, which the budget papers indicate are largely to do with a $273 million bailout of Verve Energy, plus increased costs. I thought that was the government building itself a hedge fund. I thought that it saw GST revenues declining and revenues continuing to expand, and it could not match the numbers. I suspect that we might discover that that money might be spent trying to salvage the system based on the ineptitude of the government in relation to energy supplies. Maybe the government knew that all sorts of disasters were on the horizon. I cannot see how it could have predicted them. This is probably one of the greatest scams that have ever been perpetrated on the people of Western Australia. It is probably bigger than WA Inc. We will see how it runs. I suspect that this particular debacle has a year or two to run. We will see how many increases of 10 per cent a year we have over that period and see where it goes. I remain convinced that there is something very odd about the way the government has introduced this. It has displayed a touch of arrogance. There are two key components: the Office of Shared Services and the debacle with the energy system. I come back very briefly to the key components of the budget. One is the government’s inability to control its own expenditure—not its $26 million capital works program, but its recurrent expenditure—which continues to blow out at levels the government set itself when it came to power. The government said that it intended to set itself a four to five per cent target for increases in expenditure. That is going out to eight or nine per cent. This increase in expenditure is not being provided, as the government keeps telling us, in extra teachers, extra nurses or extra police officers. Most of the extra growth in the wages component of government expenditure is not ending up on the front line, and it never has. I know that the government is required to put a certain number of people in the back room so that it can support a person out the front, but not to the level at which the government is providing them. It is fudging the figures. It is fudging the books and telling us that the increase in expenditure is about front-line services. Front-line services are not being delivered. People do not feel safer in their homes despite the fact that the budget for law, order and safety has risen; people do not feel that their education system is better than it has ever been, despite the fact that the education budget is bigger than it has ever been; and people certainly do not feel that the health system in which they have invested, despite the fact that they have invested more than they ever have before and at a level unprecedented in Western Australia, is providing the sorts of health outcomes that they believe they deserve. Front-line services are not being delivered to the level of expectation of the people of Western Australia. This government might say that the additional expenditure in the community is going into front-line services, but what the government says is only as good as the services that people feel they get and that the government delivers. The government can throw more money at the process, but not necessarily with good outcomes. That is the situation we are in and that is the problem. The financial situation of the state is particularly good right now. Is it starting to go down; and, if it is, are front- line services starting to decline? The people of Western Australia are starting to ask whether this is as good as it is going to get. I am talking about the financial situation, not the state’s economy, which I think will continue to do very well. I am talking about the fiscal economy of the government, the government’s own finances. Madam Deputy Speaker, this is as good as we are likely to see for a long period to come. We get an explosion or a boom every now and again. We have had one of the greatest times of financial reward for governments that the state of Western Australia has ever experienced. The question that everybody is asking and that I hope will continue to ask is: if this is as good as it gets for the government, are front-line services as good as they possibly [ASSEMBLY - Tuesday, 10 June 2008] 3643 could be? Madam Deputy Speaker, if you asked people on the street that question, you would find the answer was no. DR E. CONSTABLE (Churchlands) [8.22 pm]: I will start by making a few general comments on the budget based on what people have been saying to me. I have been quite interested in the comments to me from a large number of people. They are worried that the government has not got its spending priorities right. I have found over the years that not many people comment on the budget, but a general comment about priorities quite often comes through my office in phone calls, emails and comments from people I meet. People ask why we are spending $1 billion or more on a stadium right now when there are so many other competing needs in the community. Schools are often the first need mentioned. This question came up in the estimates hearing and the Minister for Education and Training just pushed it aside and said that the government was spending more on schools than it was on the stadium. The point is that there are schools in the community, particularly old schools, that desperately need upgrading. I will give the example of Churchlands Senior High School later. There simply is not enough public housing. The waiting list at Homeswest is huge. There are Aboriginal children who are not learning to read and write. Why are we not investing the money in those children so that in the years to come they will get jobs, will be proud of their achievements and will be productive members of the community? We are getting a football stadium instead. Why? There are two other stadiums in Perth that could be refurbished. Why is the government spending $1 billion propping up a big industry? It does not spend $1 billion propping up any other industry, but it does on football. We all love to go to the footy and follow our team— although at the moment, one would not admit to following a Western Australian team, given the performances. Why are we spending more than $1 billion on football, given the current economic climate? We can talk about the boom in Western Australia, but I think next year will tell a very interesting story about where we are going. People in the eastern states, especially in New South Wales, are already talking about recession. We should be far more worried about these things in Western Australia. We should not be throwing away money on a stadium; we cannot afford it when there are so many other things we should be thinking about. There was some stamp duty relief in this budget, which I am sure will be welcomed by homebuyers. However, we still have a dreadful payroll tax—a tax on employing people. Why do we still have that tax? Why is there no relief for employers? Why would the government punish someone for employing people? People are worried about electricity charges; it is the calm before the storm. People know that electricity bills will skyrocket next year, the year after, and the year after that. People, particularly pensioners and people on fixed incomes, are worried about these things. Again, this is why people are talking about government priorities. They think this government has not got it right. A look at the forward estimates reveals that rising debt is a major problem. By 2011-12 the state will have a debt of around $8 billion. We will have to pay interest on that debt. Treasury predicts that about 43.9 per cent of the state’s revenue will be spent paying off interest on loans, at a time when we know that other parts of Australia and the world are starting to move into very precarious economic positions. It is very worrying, and despite the boom we have experienced in Western Australia, we know that, for example, a mishap in a gas storage area can cause enormous problems for us; one incident can cause enormous problems. There are very uncertain economic trends, rapidly rising fuel prices, skills shortages and higher interest rates. Individuals are worried about their future, and are concerned that the government does not have a proper handle on the future. I refer to an incident that occurred while I was questioning the Minister for Education and Training during budget estimates hearings. I raised with him the issue of Churchlands Senior High School. I very gently said that I felt there had been an omission from the capital works program because Churchlands Senior High School did not get a mention. This is a school that caters for 400 or 500 more students than it has capacity for. It just does not have room for them. There are several reasons for that, but the major reason is the closure of other schools in the area. Another reason is that Perth Modern School is becoming a selective high school, so many students who might otherwise have gone there will now go to Churchlands Senior High School. That process has already begun for year 8 students. Churchlands Senior High School is being pushed very hard. This school has a wonderful music program that caters for 200 to 300 students; however, the buildings are still not completed, although they have been there for more than 20 years. The auditorium is so bad that parents are raising money, dollar by dollar, to replace the chairs, many of which cannot safely be sat on. Parents are asking people to donate $300 for a chair. So far they have 33 chairs; they have a long way to go. This is because the government will not fund these sorts of things. Members should hear the answer I got from the minister. The minister in his answer first did his usual thing of praising me and saying what a good member I am, and so on and so forth. The minister also said that he had visited that school. I pointed out that Churchlands is the only high school in my electorate. The minister responded to that by saying that there is also Shenton College. As I pointed out to the minister, Shenton College is not in my electorate. Also, it is on a very small site, so it is at capacity and cannot take any demountables. Therefore, Shenton College is actually restricted and cannot take any more kids, whereas Churchlands seems to be taking more and more kids. I will quote what the minister said then, because I still find it breathtaking that he would make this comment. He said — 3644 [ASSEMBLY - Tuesday, 10 June 2008]

As I recall, there are 11 private schools in that area that are heavily used by residents of the member’s electorate. Although there are only a limited number of public high schools, there are 11 private high schools in the western suburbs of Perth that are heavily used by the member’s constituents. Is the minister saying that all the parents in Scarborough should send their children to St Mary’s or to one of the other private schools in the area? What is the minister saying to the people who live in that area? The minister’s job is to promote education in the government system. His job is to ensure that there are chairs for kids to sit on in auditoriums in schools. His job is to finish the music schools that have been built. I then said, in response to what the minister had said — That has nothing to do with the question. The minister responded by saying — It is relevant. I still do not know how it is relevant. The minister then went on to say — There are many good educational institutions in the member’s electorate. I made a comment in response to that, and the minister said again— There are a number of good educational institutions in the member’s electorate that are used by her constituents and their children. The minister really wanted to ram that down my throat. The only message I could get out of that is that all the parents in my electorate should send their children to a private school. The children at Churchlands Senior High School do not come just from my electorate. They come from Balcatta, Scarborough and further north—in fact, from all over Perth—because they have been selected into the music school at Churchlands. That music school is by any standard a jewel in the crown of the government school system. It is a wonderful music school. However, the kids at that music school are not able to sit on the chairs in the auditorium. The building has not even been completed yet. Only the concrete pad has been put down for the second part of the building. The teachers in the music school almost have to sit on top of each other because there is not enough room in the music school, yet the minister is telling me this is good! Mr C.C. Porter: Rossmoyne has had demountable classrooms for 26 years! Mr G. Snook: Dongara is the same. Dr E. CONSTABLE: I know. This is just one example of many schools that are in the same situation. I know that other members have the same problems in their electorates. The minister’s answer was just extraordinary. The minister went on to say — In relation to Churchlands, I am aware that the member has some concerns. She showed me around, and I saw the music facility. Personally, I think it is one of the best I have ever seen. If that is the case, I would really like to see the ones that are worse! The minister went on to say — The only better one I have seen at a public school is at John Curtin College of the Arts. Carine Senior High School is one school that has had a new auditorium built in the past few years. That is why I then said to the minister — Try Carine or Perth Modern School. They have all had money spent on them. I must say that I found the minister’s answer quite breathtaking. The minister then said that the government needs to build many other schools, and he waffled on about the demand. I finished off my questions by saying — I understand the demands. Maybe the government should change its priorities, can the stadium for a while and do something about what I think is a much higher priority; that is, the needs of schools. The government has a mindset that if it does not do certain things in schools, people will put up with it. I can tell the minister that people will not put up with it. Parents will not put up with it. Another problem is that teachers are getting absolutely and totally despondent about the working conditions in some of these schools. The teachers at Churchlands Senior High School do not have enough science labs to cater for all the children at that school. How can they teach science, and how can they teach chemistry and physics, if a science lab is not available to teach those subjects in? They simply cannot do it. Either the minister does not understand that, or, if he does understand that, he is pushing it to one side because it is all too hard for him. If it is too hard for this minister, he should let another minister have a go. Another issue that came out loud and clear in the estimates committee hearings is that in a few years teacher shortages will be quite unmanageable—it will be in the thousands. That is very worrying. The current scene that [ASSEMBLY - Tuesday, 10 June 2008] 3645 we are all witnessing is that teachers are totally despondent. Teachers are saying that they are not going to write school reports for parents, but they will talk to parents. There are a lot of actions that they feel they have to take because they are so despondent about their situation. As someone who was involved for many years training teachers at the University of Western Australia, I cannot let this opportunity go by without saying something about the absurd notion of fast-tracking professional people into teaching. I heard someone say on talkback radio today, “We would not tolerate it if we fast-tracked the training of doctors or nurses.” It is proposed that trainees spend three or four months training. That would cut down by two-thirds the training required of teachers to get them into schools. We would not do that with doctors or nurses and we should not be doing it with teachers. Teaching is a very demanding and complex profession. The minister seems to have the view that anyone can do it. If that is the case, why are we not cutting everyone’s training down to a few months? I am so glad the Treasurer has come back into the chamber. I have been talking about the Treasurer’s former school, Churchlands Senior High School, and the need for some chairs in the auditorium. Parents are out in the community raising $300 a chair. So far they have donations to buy 33 of the 200 or 300 chairs they need. Perhaps as an old scholar of the school the Treasurer would like to donate a chair to the auditorium. They would be very grateful because there is no money in the budget for it. Perhaps out of the Treasurer’s own little pool of money, he could come good and help them with the chairs! Mr E.S. Ripper: That would be cheaper than funding a chair at a university! Dr E. CONSTABLE: Maybe then he could fund all the chairs they need. We must not tolerate ideas such as fast-tracking trainee teachers. The minister said that physiotherapists might like to teach in schools. Why would they do that? Why would they not go back to their own profession? Why would they put up with the conditions that teachers have to put up with? What an absurd idea. Even the Leader of the House is laughing, which is a good sign! Mr J.C. Kobelke: I am laughing at the member’s comment because I know physios who talk about doing that because it would be an enjoyable profession. Dr E. CONSTABLE: If they get three months training to do it—the minister knows I am right because he has been a schoolteacher—they will not last very long in most of the schools — Mr J.C. Kobelke: I started teaching without any educational qualifications and did them while I taught. I thought it was a very useful way to do it. Dr E. CONSTABLE: Actually, I did too, but I had a master’s degree in clinical psychology so at least I understood children. Mr D.T. Redman: That is why he is in Parliament! Mr R.F. Johnson: It certainly did not help the minister much, did it! Dr E. CONSTABLE: Look where he ended up! Mr G. Snook: He is still learning! Mr C.C. Porter: He got demoted! Dr E. CONSTABLE: As we all know, we have some major problems in education. There is a great deal of concern amongst teachers, there is a great deal of despondency and, with the current skills shortage, we are going to lose more and more teachers to other jobs because the government does not know how to look after them. MR D.T. REDMAN (Stirling) [8.37 pm]: I will make some comments at this third reading stage of the appropriation bills. I reflect on a theme that I pushed when we were at the second reading stage. I refer to a trend that I am seeing in regional areas, particularly in the areas that I represent. When I represent the community in this place, there is often a strong focus on capital works and capital-type items, because in regional communities that is the part of development that people see and often comment on. The theme that I have seen in the past six to 12 months has been a shift in people’s thinking from looking at the capital items and capital investments to regional service provisions. That was a theme that I mentioned during the second reading stage and it is a trend that we are seeing in regional Western Australia. No longer are people primarily focused on buildings and structures; they are moving their concerns, and rightly so, to the provision of core services within their communities. I made the point in the second reading debate that when there are pressures—we know there are pressures in the labour market; that is acknowledged right across the private and public sectors—the first area in which they will manifest is regional Western Australia. I gave a number of examples of that manifestation in the areas that I represent. We are again seeing that trend in school dental services, and that is the reason I asked a question today in Parliament about those services. Seven school dental services have been closed across regional Western Australia in Harvey, Jurien Bay, Tom Price, 3646 [ASSEMBLY - Tuesday, 10 June 2008]

Carnarvon, Port Hedland, Bridgetown and in my community of Mt Barker. I acknowledge that the service in Mt Barker will open up again to six schools in that area. No doubt the Department of Health found someone to tend for that service, which is wonderful for that community. I said today that Bridgetown, Donnybrook, Nannup, Balingup, Greenbushes and Boyup Brook will lose their school dental health services. I am talking about the health of our children. I am talking about early intervention in dental care, which, as we all know, is exactly the right time to make that effort. If there are no free school dental health services, which do a wonderful job in regional Western Australia and in the communities that I represent, the low socioeconomic groups in our communities in particular simply will not access the necessary care for their children. At the moment at least these children get a once-a-year check up and their problems are fixed. However, with the closure of these dental services, it is more likely that parents will go to dental care services only in an emergency, and so there will be no early intervention in dental care at schools. There will be a very serious core impact on the health of children. I acknowledge the response of the Minister for Health today and the issues that he highlighted about attracting and retaining staff. However, this should be a matter of absolute priority. There are two core issues. Certainly, the feedback I have received from practitioners in the regions indicates that the core issues are wages and training. The minister said today that he is currently progressing a proposition to address the issue of attracting and retaining staff. I have not seen that plan. I have not seen on the table a tangible response from the minister. I have not seen any real effort being made in seven areas in regional Western Australia to deal with the serious issue of our children’s dental health. I understand that school dental health services cost $15 million. Those services probably deliver five or six times that figure in beneficial outcomes for regional Western Australians and their kids. It is a good investment in leveraging an outcome for the health of our kids, yet there is no plan on the table or formal tangible proposition by the government to address a core health issue for our children. I cannot speak in strong enough terms about the need to act now and decisively. Our state is experiencing boom times. The government is not able to pay enough to retain the staff in these core services. The problems manifest themselves first in regional Western Australia. In many cases, people in low socioeconomic groups are unable to access some of the more costly dental health services that their children need. That is a trend that we are seeing in our community. This example of dental health services is just one of the manifestations of that trend. People are starting to focus on core service issues in regional Western Australia at the same time as the state is experiencing a substantial boom. Clearly, that is a concern. Another issue I want to talk about is one that I have raised in this place a number of times; that is, power headworks charges. I asked the minister responsible to provide by way of supplementary information the number of applications made by, the number of quotes provided to and the number of quotes accepted by people in the great southern region from October last year to May this year, which is the period for which the new headworks policy has been in place. I might add that the figures I have reflect a substantial area, not only the great southern, but also from Corrigin to Pingelly to Ravensthorpe, across to Walpole in the west and further north. A substantial part of the state supply system will be impacted upon by this headworks charge. Eighty-six applications were submitted for either a new connection or an upgraded connection to Western Power in the towns represented in this area. Members should bear in mind that the applicants had to put down a 10 per cent fee to obtain a quote. I am not sure whether, from the information I have been given, a deposit must be paid for a desktop quote or a full-blown quote. Forty-four quotes were written and 27, about one-third, of the quotes were accepted. It is interesting that across the towns on the list I have been provided with, in the order of $802 356 worth of headworks charges was charged in the quotes that were provided. I will give a couple of examples by using those towns in which a greater number of applications were lodged. In Denmark there were 18 applications in that period for upgrades or new power connections. Eleven quotes were issued and eight quotes were accepted. The people who accepted those quotes paid $538 705 as a headworks charge towards the upgrading of the lines to allow them to have a connection to Western Power. The Denmark community comprises 5 000 people and the people who applied for an upgrade or new power connection in that town are paying more than $500 000 more for a connection to a basic service than are people in any town in Western Australia that is within 25 kilometres of a substation. I find that deplorable. The government cannot tell me that that does not put downward pressure on people’s incentive to invest in, or live in, those communities. It must do. In Ravensthorpe, which I recognise is at the edge of the grid and, clearly, is an area that will be significantly impacted upon by this charge, there were six applications for which four quotes were issued and two quotes were accepted. The two applicants who accepted those quotes paid a headworks charge of $117 000. Two people are paying $117 000 more than people who live within 25 kilometres of a substation somewhere else in Western Australia. Again, the government cannot tell me that that is not having an impact on the growth and development of those regional communities. Dr G.G. Jacobs: Was one of them a pharmacist? Mr D.T. REDMAN: I am not sure who the applicants were. However, I know that the people to whom I have been speaking—I am sure that the member for Roe has also spoken to them—have been given substantially [ASSEMBLY - Tuesday, 10 June 2008] 3647 higher figures than those to which I have referred and, clearly, they have chosen not to make a connection on the basis of it being too costly. I have highlighted a number of communities for which the total headworks charge was $802 356. The subsidy from the government, for which there was great fanfare from the minister when he announced that the government would subsidise the cost for those areas that would be most affected, was $80 000. An amount of $75 000 was for the community of Ravensthorpe. It is hardly a big give from government to support development in those communities. I thought the figures I have been given represented most of the areas on the south west interconnected system that will be impacted upon by this headworks charge. I find it interesting, and members can draw their own inference from this information, that the government has paid out only $80 000 as a subsidy to support those developments. However, the government made a commitment of $4 million a year. If that $4 million had been diverted to subsidising the connections, it would have four times covered the charge on the communities represented on the list that I have outlined. One has to wonder whether the government is going down the right path to truly represent regional Western Australia. It is a big concern and it should be a concern to everybody living in regional Western Australia, because it puts downward pressure on any growth and development in those communities. I want to move on in the short time that I have. I am pleased that the Minister for Planning and Infrastructure has provided me with the names of the communities that will have a licence assessment service, given that from the start of the coming financial year that service will be provided not by the police service but by Department for Planning and Infrastructure contractors or employees. We are watching very closely to ensure that the plan will be rolled out. I have already been able to relate to some of those communities that have had concerns that the government has given a commitment to make sure that those services are maintained. That is certainly pleasing to see. Credit certainly needs to be given when it is due, and I give credit to the minister for maintaining that service. Another concern that arose, and on which I asked a question in the estimates committee, was water licence fees. I asked the minister to provide information on how many people who, once they were issued with a licence fee last year, made the decision to give up their licence. The minister highlighted that one of the motivations for charging a licence fee to water licence holders was to ensure that if they did not want the licence and did not need it, they would probably hand it in and, therefore, over time we could start with a level playing field when we get statutory water management plans in place. Only 260 of some 13 000 or 14 000 licences were cancelled as a result of the introduction of water licence fees, so it has hardly had a significant impact on people’s decisions on paying a water licence fee. The minister was not able to determine the number of people who voluntarily gave up their licences, because a proportion of those 260 licences that were handed in were forced to be handed in on the basis that people should never have had them to start with. I am not entirely sure, and certainly not convinced, that the arguments the minister has run on water licence fees stand up. I am pleased to note that the disallowance in that regard has been successful. One area of concern that has arisen time and again in my communities has been research investment, particularly in agriculture. We know that people are very concerned about the impact of climate change and, therefore, we need to invest in adaptation strategies and the like to ensure that agriculture in Western Australia survives. Since I have been a member I have never received so many expressions of concern from the community as I have had in the past two or three months on sustainability and what agriculture in Western Australia will look like in 10 or 15 years’ time. One of the areas that we can invest in and should be investing in is research, because research ensures that we are not only developing product and value adding to ensure that we are competitive on the world stage, but also putting in place strategies to adapt to changes in the environment, which is totally appropriate in the context of the debate that is occurring internationally on climate change and the changes that we are told we will see in hot spots in Western Australia. We certainly have not seen that trend in this budget. It is disappointing that it is not there. I know that it will be to the fore in a number of discussions over the next six to 12 months. MR C.J. BARNETT (Cottesloe) [8.54 pm]: I want to refer to one aspect of the estimates committee. I was taking part in the committee relating to education. As someone who was an education minister for five years, I obviously maintain an interest in that portfolio and particularly in the performance of government schools. It is no secret that there have been a lot of contentious issues in the education sector, such as outcomes-based education, changes to the school starting age, middle school versus a traditional year 8 to 12 school, refurbishing, closing schools, opening new ones, behavioural issues, this government’s decision to increase compulsory years to include years 11 and 12 and so on. I have sat here and listened to how wonderful this government is in education. I have heard successive ministers—Carpenter, Ravlich and McGowan—pronounce how the Labor Party cares about government schools and what a great job it is doing. I have also bitten my tongue as I have had to put up with accusations about how the Liberal Party does not support government schooling and what a dreadful government we were. However, I cannot recall during my five years as minister the turmoil in government schools and education generally that has occurred over the past eight years. I am not saying that everything was simple and smooth; it was not. There are always issues in education. It is against that background 3648 [ASSEMBLY - Tuesday, 10 June 2008] that I quite innocently asked the Minister for Education and Training to tell me the number of enrolments for preprimary, primary and secondary schooling for the past 10 years in both the government and non-government school sectors; that is, obviously, independent and Catholic schools. That information dutifully arrived yesterday by way of supplementary information, and it is interesting. There are some complications to the figures. One notable complication is that because of the decision in 1997, I think it was, to change the school starting age, one age group went through so that it was only a half cohort. I think that half cohort is now in year 6, so that tends to reduce the total number. However, looking at the broad figures, because of the effect of that half cohort, during this period of the Labor government, 2001 to 2008, the total number of students in primary education is down by 6 681. The population generally and the student population are growing, so that reduction is due to the half cohort. In the government primary school sector, enrolments are down by 12 364. In the private primary school sector they are up by 5 683. The other complication that could affect the primary schooling figures is that, increasingly, students are being encouraged to transfer from government primary schools to private secondary schools in years 7, 6 or 5. That is perhaps another factor. Even with that trend and the half cohort, the government school sector in primary schools is undeniably losing ground. That surprised me because I still regard government primary schools as being in good shape. If I can say so, during my time as Minister for Education, the introduction of a universal kindergarten and preprimary program, which was largely the work of Hon Barbara Scott, did a lot to improve primary school education across the state in all schools, government and non-government. I still feel that our government primary school sector is in pretty good shape. Some schools are old but a lot of work was done through that kindergarten preprimary program and a lot of work was done on the curriculum, so I am not so concerned by those figures. In secondary schools, there is no half-cohort effect and no effect of early transfer from government primary school to private secondary school. Indeed, we could have expected this government’s policy of making years 11 and 12 compulsory to have significantly boosted enrolments. In the period 2001 to 2008, total enrolments in Western Australian secondary education has increased by 8 984. That is the sort of figure we could expect. However, there are now actually 2 081 fewer students in government secondary schools than when this government came into power in 2001. In contrast, enrolments for private secondary schools have increased by 11 065. This is something quite different. For a long time, there has been a trend for private schooling to increase in popularity due to the availability of private schools, probably due to the wealth effect as more people have higher incomes and therefore can exercise a choice over schooling. The trend has therefore been for the share of students in government schooling to decline and the share of students in private schooling to increase. That is borne out by the figures. In 2001, 70 per cent of all secondary and primary students were in government schools and 29 per cent were in private schools. Today, there has been quite a sharp change—65.9 per cent of all students are in government schools and 34.1 per cent are in private schools. Although that percentage reflects a faster rate of change than occurred during the 1990s, the trend is perhaps not all that surprising. We are seeing a relative drift of students from government schools to private schools. In other words, the share of government school enrolments is falling as a proportion of the total, and the share of students in private schools is increasing. That has long been the case. That trend goes back many years, perhaps even several decades. It had always been the case that the private school and government school sectors were growing in absolute numbers, but that is no longer happening. While the Labor government has been in power, enrolments in both primary and secondary schools in the government sector have fallen. To the best of my knowledge, for the first time in this state’s history, under this Labor government and these Labor government ministers, we are seeing an absolute decline in the size of the government school system. That is a frightening outcome. I do not care what this government says about education; it has not done a good job. I am not concerned that the private schools are growing more quickly; I am concerned that for the first time in our history over an eight-year period we have seen a decline in the number of students attending government schools. If members opposite do not grasp my point, I will repeat it: for the first time in this state’s history, the government school system is in decline. That is a serious matter. The quality of education and opportunity for all boys and girls in primary and secondary schools throughout our state is a serious concern. I will not be overly political about this, but I urge the next government, whoever wins the next election, to undertake a fundamental review of the government school system and of why parents are voting with their feet by moving their children out of government schools in such large numbers during their secondary years. We have never before seen this rate of change. If the government school system is in decline, it will become weaker and weaker. I remember a meeting of education ministers I attended in Adelaide in the late 1990s. I spoke to the South Australian education minister who was hosting it and I made the point that it is always difficult to keep up with the demand to build new schools and to rebuild the old schools. He said that he wished he had my problem. He said that in the post-war years the number of students in South Australia had declined by some 50 000. In other words, the school system was in decline. If the school system is in decline, there is not an opportunity to innovate, improve and to upgrade standards and provide the students with an increasing choice of subjects. There [ASSEMBLY - Tuesday, 10 June 2008] 3649 are all sorts of signs of that happening here. The member for Churchlands has referred in previous debates in this chamber to the loss of choice in the number of subjects offered. That is a symptom of a declining education system. I do not know what the exact pattern is. The rates might vary in different parts of the metropolitan area and in country Western Australia. I hope that this Parliament will, in a bipartisan way, seriously look at government schooling. My experience suggests that the issue is all about government secondary schooling. The primary schools are in good shape. Although some have some problems, they generally have strong support. Unless the Parliament addresses what is causing parents to decide to take their children out of the government school system, the system will continue to decline and we will therefore fail the education aspirations of the majority of students. Some 66 per cent of all students attend government schools. It is our responsibility as parliamentarians to make sure that we have a prosperous and expanding government school system and that the quality of education continues to improve. I fear that for the first time in the state’s history the statistics point to a decline in the system. I suspect that the decline concerns not only the number of students who attend government schools, but also the quality of education and achievements and aspirational opportunities afforded to students. It is all very well to make fine speeches in this place about equality of opportunity but the figures do not indicate an equality of opportunity for children in this state, particularly for those who come from less advantaged families and towns and suburbs of Perth. MR M.J. BIRNEY (Kalgoorlie) [9.05 pm]: This is the last budget that the government will deliver before the next election. With that in mind, it is appropriate that I ask members to cast their minds back to the last election, particularly to some of the promises that were made by the Labor Party to the good people of my electorate of Kalgoorlie. In particular, I refer to two very significant promises that captured the imagination of the constituents of the electorate of Kalgoorlie. In the first instance, I refer to the Labor Party’s much heralded promise to spend in excess of $40 million on a major upgrade of Kalgoorlie Regional Hospital, which has been in decline for decades. Kalgoorlie Regional Hospital services one of the country’s major regional centres, yet it does so with antiquated facilities. At the time of the last election the issue of the run-down state of Kalgoorlie Regional Hospital was firmly on the political agenda. As the local member, I recall approaching the member for Cottesloe, the then Leader of the Opposition, to suggest that the Liberal Party devise a policy to spend a serious amount of money on Kalgoorlie Regional Hospital and to include that policy as a promise in our wider election platform and in my local election platform. As I recall, the member for Cottesloe came up with a figure of some millions of dollars that we would be prepared to spend on Kalgoorlie Regional Hospital if we were elected to government. It was nowhere near what I wanted or had asked for; however, it was a considerable commitment to the hospital. Members can imagine my surprise when the Labor Party sailed into town with a $40 million commitment to Kalgoorlie Regional Hospital, which well and truly trumped the by now meagre commitment that the Liberal Party had made to the same hospital. Dr G.G. Jacobs: They were trying to bump you off! Mr M.J. BIRNEY: Exactly. The government’s promise was plastered across the front page of our local newspaper. Indeed, it received significant media attention and no doubt influenced a number of people who were concerned with the health services in Kalgoorlie-Boulder to vote for the Labor Party. History now records that not enough of them voted for the Labor Party and I was returned with an increased majority. Nonetheless, the Labor Party made a very significant commitment, and I am sorry to say on the eve of the next election and on the occasion of the government’s very last budget for this term of government that that promise has not been fulfilled, nor has it been partly fulfilled with any degree of significance. It is worthy to note that the Labor Party has taken the people of Kalgoorlie for a ride. It saw a significant issue at hand prior to the last election and promised a significant amount of money to address that issue. It then did absolutely nothing. When questioned about that commitment, the Minister for Health simply said that the building market was overheated and that there was no real opportunity to undertake any of the necessary upgrades. I want to know how the Minister for Health determined that the building market was so overheated that no private building company would want a $40 million government-sponsored contract. Regardless of how overheated the building market may or may not have been, building companies would have lined up to get a $40 million government-sponsored contract. The truth is that to fulfil its boast that it would fund Fiona Stanley Hospital with cash—it is to be built debt-free—and to fulfil the promise it made to those in the suburbs of Perth, the Labor Party stole the money it had previously committed to Kalgoorlie Regional Hospital. It is important that the public record reflect that fact here today on the occasion of the government’s last budget in this term of government. Kalgoorlie Regional Hospital has had many problems, the least of which are its antiquated facilities and some of the services that it has provided. Constituent after constituent attended at my office with some of the worst horror stories imaginable regarding surgeries gone wrong and all sorts of different complications, some of which, sadly, led to the passing of some of my constituents. I called on the Minister for Health to conduct a review, or at least investigation, into the Kalgoorlie Regional Hospital that would look at, firstly, the facilities, secondly, the resources, and, thirdly, the activities of that hospital over time. Once again, this fell on deaf ears. I think that is clear evidence that the Labor Party has now written off the seat of Kalgoorlie. It does not believe, having held it 3650 [ASSEMBLY - Tuesday, 10 June 2008] for some 100-plus years, that it can win it again, and therefore it has just consigned it to the political wilderness. I think that is a disgrace and an indictment upon this government, and upon the Labor Party and the current Labor candidate for the seat of Kalgoorlie, who will have to carry this as a crown of thorns into the next election. The Labor Party made another major promise to the people of Kalgoorlie. Once again with its finger on the pulse, it sensed that there was a major issue afoot and one that it could perhaps extract some political mileage from. The issue I am referring to is that of the waste dumps that are basically located on the doorsteps of the people of Boulder. Mr C.J. Barnett: They are still there. Mr M.J. BIRNEY: They are still there. That particular waste dump was some 500 or 600 metres away from a restaurant, would members believe? The odour from that waste dump permeated throughout the suburb of Boulder on a daily basis, to the point that people had simply had enough. Many people had concerns for their own health and that of their neighbours, and many other people were just sick and tired of the putrid smell that wafted across the suburb of Boulder on a very regular basis. As they like to do in Kalgoorlie-Boulder, people took to the streets, and some 400 or 500 people rallied at that event in Burt Street, Boulder, which culminated in a public meeting at the Boulder Town Hall. Having attended that meeting, I tell members that there were people at that meeting who were particularly angry and undoubtedly would have been prepared to change their vote from one party to another if they could extract a promise from one of the political parties to move those waste dumps out of Boulder. At the time, the cost of moving the waste dumps, I understand, was some $4 million. Once again, I attended upon the member for Cottesloe—the then Leader of the Opposition—with this issue, and I am pleased to say that on that occasion he rose to the challenge and the Liberal Party allocated the $4 million necessary to move those waste dumps, should it be successful in winning government at that election. The Labor Party, very quickly realising that this was a serious issue and one that had the potential to change people’s votes, then came forward with its own promise, albeit of only $3 million, to move those waste dumps, from memory—I will stand corrected—to the Mungari Industrial Park, which is halfway between Kalgoorlie and Boulder. That was not a particularly good decision, in itself, because it would have resulted in that industrial park being sterilised; nonetheless, the Labor Party came to the party and effectively neutralised that issue. The promise on record was that if Labor won power again, it would spend the $3 million moving those waste dumps, in concert with the private owners of that facility. Almost on the eve of the next election, on the occasion of the Labor Party’s last budget for this term of government, I am sorry to report to members that those waste dumps are still there and continue to be in operation. No, we have not seen them moved to Mungari, or any other part of the world for that matter; they are still on the doorsteps of the people of Kalgoorlie-Boulder and they are still some 500 to 600 metres away from a local restaurant. Once again, we have seen a trail of deceit, as was neatly laid out by the Labor Party at the last election to try to wrestle my seat from me and from the Liberal Party. It is a trail of deceit that I, even as the retiring member for the seat of Kalgoorlie, shall continue to highlight at every opportunity. It may come as no surprise to members to realise that even though I am retiring from this business, I still have a passion for my home town, which I have lived in for some 37 years. In that regard I do not have any difficulty attracting media attention, and let me tell members that I intend to attract as much media attention as I can to this issue. The Labor Party has slapped its traditional constituents in the face and then turned around and slapped them again. I look forward to debating this issue with the new Labor candidate, whose name escapes me. I understand he is reasonably new to Kalgoorlie-Boulder and the goldfields. I notice that he has been writing a bit of drivel in the newspapers of late to get himself a profile. However, I can tell members that when the pointy end of the electoral cycle comes about, I will be right there reminding him, even as a new goldfielder, of the Labor Party’s failed promises at the last election. I will not shut up until I get an answer from him about why the Labor Party promised $40 million and then delivered almost nothing to upgrade the Kalgoorlie Regional Hospital, and I will not shut up until I get an answer from him about why the Labor Party promised some $3 million to move those waste dumps out of Boulder and then did absolutely nothing. I would like to hear his answer. What could his answer be? One of the good things about Kalgoorlie-Boulder is that we take our politics reasonably seriously, and there will be all those forums in the lead-up to the election in which the respective candidates have an opportunity to put forward their case and to convince members of the public and the audience to vote for them. I will be one of those members of the audience, and when the Labor candidate has an opportunity to address the audience, and when the master of ceremonies, whoever that may be, calls for questions from the floor, members can rest assured that I will be the first person to my feet, and I will be a particularly difficult person to sit down. That much I can guarantee members. I will not sit down until the Labor Party’s candidate has given me a reasonable answer to why it is that the Labor Party has just walked away from the people of Kalgoorlie. Yes, it is a nine per cent Liberal seat, but if the Labor Party were half smart and looked back in the chapters of history, it would [ASSEMBLY - Tuesday, 10 June 2008] 3651 realise that it is a seat that it has always won for all of history. Therefore, it is not the sort of seat that it should simply walk away from, notwithstanding the current margin. Why it has done it is beyond me. However, I look forward to hearing the reasons from the current Labor candidate. I suspect that he will have a great deal of difficulty giving us those reasons, and I will be saying to the people of Kalgoorlie that that is simply not acceptable and that they should continue to return a Liberal member to the seat of Kalgoorlie, because it is only the Liberal Party that has taken Kalgoorlie seriously over the past few terms of government. DR K.D. HAMES (Dawesville — Deputy Leader of the Opposition) [9.17 pm]: I want to continue the theme of the member for Kalgoorlie about the deceit of the Labor Party as it comes up to election time. There were two episodes at that election when the same thing occurred. One was with the member for Kalgoorlie, when the Labor Party romped in just before the election and promised $40 million for a new hospital, and, lo and behold, the very same minister went down to the seat of Albany before the election and promised a new hospital. What do both those seats have in common? It is that four years later neither of them has a new, replacement or upgraded hospital, despite the promises made by the Minister for Health at the time that both those projects would be undertaken during that next term of government. Mr M.J. Birney: Member for Dawesville, would you take an interjection? Dr K.D. HAMES: Absolutely; I certainly would. Mr M.J. Birney: I am sorry, but just as I sat down I realised there was another major promise—$15 million worth—that the Labor Party made at the last election to build a juvenile detention centre in Kalgoorlie-Boulder. No doubt it got a whole heap of votes, and guess what? The minister is laughing over there. She knows that she never built it. Ms M.M. Quirk: I’m not laughing. We consulted the whole community, and the community in fact said that it wanted something else. Mr M.J. Birney: She consulted a handful of Indigenous people who obviously didn’t want to see their sons and daughters locked up, and then she took her $15 million elsewhere. What a joke! Dr K.D. HAMES: I thank the member for Kalgoorlie. I welcome his interjection, because it shows what we are likely to get for the next election. We are approaching the next election, and what is the Labor Party likely to do? The very same things—it will go back to Kalgoorlie and promise the people the $40 million. In fact, we have heard the government do that already. It has said that the $40 million is back in the budget and that it will build a hospital for the people of Kalgoorlie in its next term of government. The government has also gone back to Albany and said that it will build a new hospital. Despite the poor old member for Albany, who has been pulling out what is left of his hair worrying about the fact that his government has failed to meet the commitment it made so strongly to win that seat four years ago, not even a sod has been turned in trying to get that hospital built. We can imagine the frustration of the member for Albany, who now has to try to put some sort of spin on it to say that the government is doing the right thing. The spin the government has applied to Albany is to increase the funding, and it has done that in quite an interesting way. It is a pity the Treasurer is not in the house to hear what the Minister for Health has been up to. He has been promising funds that are not even in the budget. We are going through the budget process, and every dollar intended to be spent by the government over the next year is supposed to be included in the budget. The minister went to Albany and released a press statement announcing that he will spend $55 million on Albany Regional Hospital. We got out the budget papers and found that only $45 million has been allocated. The estimates committee provided us with the opportunity to investigate where this $55 million may come from. The minister said that there is $45 million in the budget, but that there is also a minor works budget containing a certain amount of money—I forget how much it is—and the government will take $5 million out of that budget and add it to the hospital budget, giving a total of $50 million. I asked the minister about the other $5 million he mentioned in his press release. He said that the government estimated that, by the time the tender process had been gone through, chances are that the total cost would be $55 million, and the government will just have to fund it. There is no funding in the budget, and no knowledge of what the actual cost will be, but the minister is now committing $55 million. The government has had $40 million in the budget for Kalgoorlie hospital for a long time, but what will the real cost be? Mr M.J. Birney: It has been increased. None has been spent, but the amount allocated has been increased to take inflation into account. That is very generous. Dr K.D. HAMES: How much is it now? Mr M.J. Birney: I don’t know what it is now, but it is more. Dr K.D. HAMES: I am not surprised that the government has done that, but the reality is that we will go through the same process again. I talked to the minister and asked him what the cost would be of building a new hospital. I remember that when the Liberal Party campaigned in Albany, it promised a new hospital, and it became a point of contention because the National Party candidate at the time said that she did not support a new 3652 [ASSEMBLY - Tuesday, 10 June 2008] hospital; she supported upgrading the old hospital. We were pooh-poohed for the amount of money that the member for Leschenault had committed to build a new hospital at the time, which coincidentally is the same amount of money that is now being promised to upgrade the old hospital. I asked the minister what the difference would be in the budget if we wanted to build a new hospital in Albany and not do only what the government is proposing; that is, rebuild the old one. He said that he did not know what the figures were. I told him that the original estimate had been around $70 million, and he said that the government estimated it would now be $200 million. I asked him where on earth he got that figure. That is a higher cost per bed than what is being spent on Fiona Stanley Hospital, which is a tertiary hospital. He did not know where that figure came from; he just said that someone had told him that. I told him that the cost of Busselton District Hospital is now $77 million, and he said that the government expected that to be more than $80 million. Nevertheless, the Albany Regional Hospital was going to cost a lot more, even though it had the same number of beds as the Busselton hospital. The government is so wishy-washy about the amount of dollars it intends to spend on these hospitals. It virtually makes up figures as it goes along. It makes promises and then does not deliver the product at the end of the day. It convinces people living in those electorates of the amount of money that will be spent building those hospitals. We had a similar issue with Fiona Stanley Hospital. It will supposedly cost up to $2 billion. Only $480 million was originally put aside. During estimates I asked the minister how many items in the budget had he given estimates of figures for that he planned to spend that were not in the budget. I wanted to find out how accurate this budget process was in terms of the estimates of dollars proposed to be spent by this government. Every time we make an election promise, this government will be recording every single dollar, adding them up and saying, “This is the total of Liberal Party promises; these are the dollars that it proposes to spend.” The minister has committed funds to four items—there were five but I cannot remember the fifth item—in excess of what is in the budget that is supposed to cover the financial year that includes the election. One is the Albany hospital. He has committed to projects worth $55 million but there is only $45 million in the budget, and he said he was going to get an extra $5 million. He will still be $5 million short. The minister said that Busselton District Hospital will cost $5 million more than what has been allocated in the budget. When we confronted the minister about the Royal Flying Doctor Service and its claims for increased funds, he said there were no extra funds in the budget because he was still in the middle of negotiations but he intended to reach an agreement with the RFDS prior to the next election that will result in a significant increase in funds. We welcome that. We do not know where the money is coming from; it is obviously extra to what is in the budget. The minister has to convince the Treasurer to allocate that amount of money. The Royal Flying Doctor Service requested $19 million over five years. We do not know how much of that amount will be added to it when that decision is made. The final item relates to Princess Margaret Hospital for Children. The minister said during estimates that the Labor Party would commit to building a new Princess Margaret hospital, which was one of the recommendations of the Reid report. It was suggested that it should be relocated to Sir Charles Gairdner Hospital, which was strongly supported by our side of Parliament. The $207 million that the minister allocated in the budget three years ago is woefully inadequate and nowhere near covers the true cost of building that hospital, which on the minister’s estimate is approximately $500 million. The minister said during estimates that the government will announce at some stage in the future—prior to the election, I presume, trying to get votes from the public in the same way it did in the electorates of the members for Kalgoorlie and Albany—that it will pull another $300 million out of Treasury that is not in the budget to cover the period leading up to the election. That collection of unfunded promises by the minister is absolutely ludicrous. The budget process is supposed to detail the funds for the coming election. Part of the deceit by the Minister for Health is his constant carping about the amount of money that this government is spending on health infrastructure and how wonderful it is because of the huge dollars it is committing to health infrastructure in this state. He constantly says that well over $3 billion has been spent on health in this state. The promises that the government has made will not be completed by this government; they will be completed by the next government and probably the government after that. There is a great chance in my view that neither of those governments will be Labor governments. Let us look at the infrastructure for health services that the government has actually built in the seven years that it has been in government and compare it with the eight years of construction under the Court Liberal government. During the eight years of the Liberal government it built the following hospitals: Joondalup Health Campus, 295 beds; Peel Health Campus, 110 beds; the redevelopment of Bunbury South West Health Campus, 130 beds; Northam Regional Hospital, 40 beds; and Armadale-Kelmscott Memorial Hospital, 120 beds. That is a total of 695 beds. There are hospitals for which this government claims credit. One is Geraldton Regional Hospital and another is Halls Creek District Hospital. Both those hospitals were in the four-year forward estimates of the Liberal Party’s budget when it lost government. The amount to be spent in 2001 when we lost the election was not a huge amount, but it was the first amount to be spent in the planning process in the same way that the money to be spent this year on Fiona Stanley Hospital is next to nothing; yet I presume whenever it [ASSEMBLY - Tuesday, 10 June 2008] 3653 is built the Labor Party will claim credit for it even though it may well be built by a Liberal government after the following two elections. The government will claim credit because it has $1 million or $2 million in this coming year’s budget to deal with planning work for Fiona Stanley Hospital in the exact same way that we had planning money in the budget to start construction of Geraldton Regional Hospital and Halls Creek District Hospital. The minister is also claiming credit for building the total hospital facility at Port Hedland Regional Hospital, part of which is an aged care component, although $11 million for that was in the Liberal Party budget in its last year of government. The actual hospitals that were initiated and have been completed by the Labor Party during its seven-plus years of government are: Fitzroy Crossing District Hospital, 15 beds; Ravensthorpe District Hospital, 11 beds; Moora District Hospital—after a huge amount of pressure and a commitment by Liberals but not funded by Liberals—20 beds; Broome District Hospital, a redevelopment with new facilities but no change in bed numbers; Derby Regional Hospital, also redevelopment; Carnarvon Regional Hospital, redevelopment; and Kununurra District Hospital, upgrade from 26 to 32 beds. The actual number of beds in hospitals, therefore, that have been built by Labor during its almost eight years of government is an absolute pittance compared with the number of beds our government built, which was 695. The Labor Party will have built in the order of 100 beds. If the government is lucky and completes Rockingham-Kwinana District Hospital before the election, the number of beds will increase from 81 to 230. However, the funds spent come nowhere near the funds spent by the Liberal government on the construction of hospitals in this state. The Labor Party once again is being deceptive in its commitment to funding on health issues in this state. DR G.G. JACOBS (Roe) [9.33 pm]: Thank you, Madam Acting Speaker (Mrs J. Hughes), for the opportunity to share some of the disappointments in the budget for the people of my electorate. There are three areas of disappointment: the significant lack of commitment by this government for funding for Esperance Residential College hostel, Esperance District Hospital and port infrastructure for the ongoing outloading of nickel through the port of Esperance, the significance of which I will explain a little later. I have been an ex officio board member of Esperance Residential College hostel for some three years and have in all that time worked assiduously and hard to make a case—a good case, I may say to the Minister for Education and Training—for an upgrade of the hostel. Esperance is on the move; it is a growing region in the south east. BHP Billiton’s large, $2 billion Ravensthorpe nickel project is on our doorstep. We have heard about population growth in Hopetoun, Ravensthorpe and, indeed, Esperance. The accent is upon a residential workforce for the Ravensthorpe mine. Students come from many areas of Western Australia to attend Esperance Residential College because their parents wish to send their kids to a great high school. The college was built for 85 students but today houses 102 students—a further 20 students are on the books to attend. The ratio of ablution facilities to residents is somewhere in the vicinity of one for every eight students. That is well above the accepted health and safety requirements for hostels. There are a number of transportable buildings—donga-type, to use the mining parlance—for student accommodation within the hostel. As I said earlier, the upgrade concept plans were completed some three years ago. The plans were in fact delivered on two previous occasions, during the pre- budget work-up for last year’s budget and for this year’s budget. Audiences were held with the minister to make a very valid case about upgrades to the college, which the minister recognised. However, it seems as though it is a case of out of sight, out of mind: Perth is 720 kilometres by the shortest route from the south east, and it appears that a good case is not good enough for this government, even in situations in which 102 students are being housed in accommodation that was designed to house only 85. During the last pre-budget session, the plans were modified in order to cut the cloth, so to speak. It was decided that walkways between some areas would be dispensed with in order to bring down the overall cost of the upgrade. Perhaps the minister, the government and Treasury thought people would say, “Well, they’ve made more of an effort this year than they did after the previous submission,” and that the sum of $13 million would therefore be justified. However, it seems not. Once again, it seems that we in the south east have been overlooked; I tell the member for Kimberley that we have again lost to Broome, and the member for Albany that we have again lost to Albany. I draw attention to Esperance District Hospital, where I have worked for more than 27 years of medical practise. There has not been one major upgrade at the hospital during the past 25 years, and I know because I have worked there as a visiting medical practitioner during that time. Last year the government apportioned $13 million for an upgrade. Esperance is a region that is growing rapidly. When I first went to Esperance 25 years ago, it had a population of 4 500 people. It now has a population of over 15 000. The population of Esperance increases even more during the summer season. The accident and emergency department—or casualty area—of that hospital is essentially the same as it was when I first went to Esperance. The people in that department are working under extreme conditions. There are significant concerns about the day surgery component at that hospital because when the endoscopist and gastroenterologist come to town to do endoscopies they take up the only theatre at that hospital for those patients. That is not only inconvenient but potentially dangerous because if an acute emergency were to occur the theatre would be unavailable for surgery. Patients 3654 [ASSEMBLY - Tuesday, 10 June 2008] who are recovering from anaesthetic after an endoscopy have to recover on a La-Z-Boy in the corridor outside the theatre. We have heard from the Minister for Health, and we hear continually from the WA Country Health Service, about the amazing hub and spoke model for regional and rural health. I have now heard about the hub and spoke model more than I have had hot meals! I have heard about that model up to here—above my head! That model suggests that we create hubs, and we then create spokes to feed into those hubs. We have heard about what is happening to the hub in the south east. The hub in the south east is the hospital that the member for Kalgoorlie has just spoken about. The government has done absolutely nothing about that hub. Esperance District Hospital is one of the spokes in that hub. What has the government done about that hospital? The government has put $13 million in a column in the budget papers that keeps moving to the right. Last year, that $13 million was in the projected column. About $100 000 of those moneys were supposed to be spent this financial year. However, those moneys have not been spent. The $13 million has now been moved to the right-hand column, so in fact no money will be spent at that hospital this financial year. The $13 million just keeps disappearing. This budget is a “moving the goalposts budget”. My constituents are being politically abused. The government must think that either they will just accept it, or they will not notice. That is why the government’s plan for country health services is falling down. It is not willing to spend any money on the hubs, and it is not willing to spend any money on the spokes. The Minister for Health has had the audacity to say that the Royal Flying Doctor Service is an interest group. He is also refusing to increase the funding for RFDS to enable it to upgrade its fleet and its medical and nursing teams. While the government is not willing to upgrade the hubs and the spokes, guess where the patients will go? The patients cannot be treated at the spoke hospital and they cannot be treated at the hub hospital; therefore, they will be resuscitated and treated, and put on an RFDS flight. I am not sure who pays for the RFDS flights, but the cost comes out of the RFDS budget. Every time the RFDS is called to fly from the Kalgoorlie base to the hospital in my electorate, and then to Perth, that will be at a minimum cost of $5 000 a flight. That is not counting pain, suffering and inconvenience, and perhaps is not the best outcome for the patient. The government, including the Minister for Health, makes a lot of noise about regional health and hub-and- spoke models, whilst not even drip-feeding us. I ask the government: how are we to deliver appropriate health care for Western Australians in regional areas—in this case, the south east as a case in point—without the appropriate upgrade funding for these facilities? The third issue is that this government saw Esperance “leaded”. The same infrastructure on the port that loaded the lead, which was not a closed system, is still to this day loading nickel. We have proof that more rainwater tanks were “nickelised” and had readings that were over the Australian drinking water standards for nickel than there were for lead. I looked under “port authorities” in the budget to see whether there was any money allocated for infrastructure to create a truly closed system; that is, a closed shed, a vacuum mechanism, and a closed conveyor system with a truly closed CV3. What brought us to grief in Esperance was that we were “leaded” through an unclosed system. A loading system into the ship, to be truly closed, would probably cost in the vicinity of $20 million. We have Nickel West and Norilsk Nickel breathing down our neck saying, “We want to put more nickel through the Esperance port, which is our port of choice.” What do we see from the government in the way of developing a closed system for nickel so that we do not continue to get “nickelised”? Nothing. It was not until I pushed the government in budget estimates that it said, “Industry can pay for that.” It may be a surprise to the government that in fact industry is prepared to pay for that. It may have to pay for it over 20 or 25 years with the amortisation of a long-term loan, but industry will pay for that. When I was at the opening of BHP’s Ravensthorpe nickel operation the other day, one of the industry people came up to me and said, “Thank you very much for your help, member, in trying to establish a truly closed system for infrastructure. We are quite happy to pay.” Given that situation it would have been very good for the government to at least say, “We have progressed a low-interest loan to move ahead with that infrastructure, for which industry is prepared to pay over a number of years, even if it is established through a levy on its product through the port.” We need to move on these things in Esperance and the south east in order for us to grow. We need to move on the hostel for students to stay in the high school, which is a great high school for people in the south east region and beyond. We need to establish a hospital that can treat people safely in the hub at Kalgoorlie. We need also to establish appropriate infrastructure at the port for this operation to be safe. It is a project that needs to be progressed for the region. MR T.K. WALDRON (Wagin — Deputy Leader of the National Party) [9.48 pm]: I am going to speak very briefly. It is quite important that I add to my speech in the second reading debate. In my electorate this year we have had six male Aboriginal suicides, particularly in Narrogin and Wagin. It is a crisis locally. When we talk [ASSEMBLY - Tuesday, 10 June 2008] 3655 about mental health delivery, that is an example of one of the issues to be faced. There are lots of different reasons for this happening. Last week in Narrogin a meeting was held, which was very well attended by the general community, the Aboriginal community in particular, and also by people from different services. I have spoken privately with the Minister for Health about this issue. I have asked the minister to meet with the chairman and representatives of the reference group that was formed at that meeting and to try to do something about the local situation. The minister has agreed to do that and I thank him for that. Hopefully, that meeting will occur shortly. It is a really worrying issue. Lots of reasons etc were put forward at a very open and forthright meeting that was very well chaired. Obviously, as the local member for that area, I put on the record in this place that I am very concerned about the situation. One issue that I want to talk to the minister about—I have flagged this with him—is that although services are available at different levels in different areas, there are cultural issues and other issues with people seeking the help of those services. One aspect that I would like to explore is training one or two Aboriginal people to act as liaison officers on a local basis with mental health services to provide a connection or conduit between the services that are available and the Indigenous community. It is a very sad situation. These are young men. Obviously, there are issues with drugs and alcohol. Sometimes the breakdown of relationships and other issues put great stress on people. Young men are taking their lives, and that is just not acceptable. I am very concerned about the situation. We are trying to work closely as a community. We are working quietly by going to the minister. Hopefully, we will be able to come up with some local answers to address the issue. I just wanted to let Parliament know that I will be pursuing that matter with the Department of Health and the minister on behalf of the local community reference group. Question put and passed. Bill read a third time and transmitted to the Council. APPROPRIATION (CONSOLIDATED ACCOUNT) BILL (NO. 2) 2008 Third Reading Bill read a third time, on motion by Mr J.C. Kobelke (Leader of the House) on behalf of Mr E.S. Ripper (Treasurer), and transmitted to the Council. REVENUE LAWS AMENDMENT BILL 2008 REVENUE LAWS AMENDMENT BILL (NO. 2) 2008 Cognate Debate — Motion On motion by Mr E.S. Ripper (Treasurer), resolved — That, in accordance with standing order 169, leave be granted for the Revenue Laws Amendment Bill 2008 and the Revenue Laws Amendment Bill (No. 2) 2008 to be considered cognately, and for the Revenue Laws Amendment Bill 2008 to be considered the principal bill. Second Reading — Cognate Debate Resumed from 14 May. DR S.C. THOMAS (Capel) [9.53 pm]: Let us deal with the Revenue Laws Amendment Bill 2008 and the Revenue Laws Amendment Bill (No. 2) 2008. I will move from one bill to the other, but at the outset I indicate that the opposition will support these bills, in effect because they give rise to the promises made in the government’s budget brought down in May. I will go through, not in great detail but in some small amount of detail, the changes that will be imposed by these bills. I begin with the Revenue Laws Amendment Bill 2008, the first of the two bills. This bill generally introduces the raft of promises and commitments made in the 2008-09 budget. I will not deal with them in order, because a couple of other provisions have been introduced in this bill as well. I will jump to part 7 of the bill, which deals with the amendments to the Duty Act. In effect, this reflects the government’s commitment to lowering the transfer duty on housing purchases, which was made in the budget that was brought down on 8 May. The opposition expected that there would be some stamp duty relief provided for in the budget. My expectation was that the stamp duty relief would be somewhere between 10 per cent and 20 per cent. We heard that there would be some relatively modest increases in the expansion of the stamp duty threshold, which, or course, had not changed since 1984 or 1985; that is, 20-odd years ago. For twenty years the same threshold applied to the average priced house of $100 000. Currently, it would be rare to buy a house in Perth at the first threshold of $80 000. It would be a relatively cheap affair, given that the price of an average housing block is currently running at about $280 000. Although the opposition expected an increase in the thresholds, it was very pleased to learn that they will be increased to a greater extent than it expected. The opposition has applauded the government’s decision on a number of occasions and said that it is not a bad thing. Obviously, as we have demonstrated on a number 3656 [ASSEMBLY - Tuesday, 10 June 2008] occasions on a number of charts, particularly the one that I have in my hand, the relief in the stamp duty threshold is a very small plug in the overall taxation level of the state of Western Australia. The opposition welcomes the increase in stamp duty thresholds and recognises that the outcome will impact on the government’s budgetary revenue for the coming year. Although the increase in the conveyancing duty rates will have an impact over four years, housing prices, which have been relatively constant, will continue to rise in the upcoming years. There will be a bit of a blip in the first year wherein this increase will result in a cost to the government. If the government had not provided this level of relief, stamp duty on the average house would be higher. It is a relatively good outcome. Interestingly, the increase in conveyancing duty rates applies to residential land only; it does not apply to business conveyancing. Unfortunately, the business community has missed out in this year’s budgetary process. It did not receive significant payroll tax relief, which I will deal with in the debate on another bill, and it will not receive significant conveyancing duty relief, which will apply only to the residential housing market. Therefore, the business community has quite rightly expressed some concern that it has not received fair and just consideration in the budget. The 2008-09 budget provides for the introduction of a new concessional transfer duty scale for residential property, and is very welcome. This rate will come into effect from 1 July 2008. The Revenue Amendment Bill (No. 2) outlines the timing of the introduction of rate relief, particularly conveyancing duty relief, and it is something I would like the Treasurer to look at. There are some interesting aspects to the timing of these changes. Generally speaking, the opposition welcomes these bills, which will result in a saving of some $3 000 in stamp duty on the average Perth residential house price, which is a good outcome for Western Australians. That is probably the first and most important part of the Revenue Laws Amendment Bill. Parts 3 and 5 relate effectively to the equivalent of land tax, whether it be general land tax in part 3 or the metropolitan regional improvement tax in part 5. Both those parts provide some relatively small level of tax relief. We welcome the fact that it is occurring. It once again relates to the improvements in thresholds. It will increase the land tax exemption thresholds from $250 000 to $300 000, which is a 20 per cent increase in the threshold and will no doubt have some impact on the average price of a block in Perth, because of course these taxes apply to the unimproved value of the land. It will provide very little taxation relief for many people in Western Australia who are significantly burdened by land tax. A slight reduction in the rate of the scales, particularly in the metropolitan region where I think the rate will go from 0.18 per cent to 0.15 per cent, will mean some light relief. However, if someone has a holiday house at Dunsborough or Busselton, or to the north in Dongara or Geraldton or, as many in the wheatbelt have, a holiday house at Shark Bay, Esperance or Jurien Bay, which is a lovely spot to fish — Mr G. Snook: You are not allowed to now. Dr S.C. THOMAS: The jetty used to be a good spot to fish from many years ago, particularly when the boats were coming in. People with holiday houses in those areas have found the values of their blocks have risen significantly over recent years and, generally, have not recently declined in any significant way. I do not know whether the member for Moore could say whether the values of blocks in the Jurien Bay area have declined in the past 12 months, but in most areas values have flatlined and in some areas have continued to rise. Generally, if values flatline for a year or two, they then start to rise again. The land tax on those blocks will continue to be significantly higher, to the point where some people will need to sell the fishing shack that their family have held for 50 or 60 years, because the value of the land means that they might be paying $20 000 or $30 000 a year in land tax, despite the increase in the threshold from $250 000 to $300 000. In Dunsborough, Busselton, Shark Bay perhaps now, certain areas of Geraldton, and particularly in the south west coast from Bunbury to Busselton and now stretching towards Busselton, including Margaret River, some of the blocks, particularly towards the coast, are worth millions of dollars. Some of the blocks were family purchases many, many years ago. The land tax burden on those blocks will remain particularly high. The problem for the people who own those blocks is that the only way to ease the burden is to sell the land. There therefore still remains the issue of high land tax. There has been some shift on the part of the government and some positive moves. The moves that the government has introduced, particularly on caravan parks and the land tax that applies, have been very positive. I think the Treasurer was directly involved in that. I commend the government for those positive moves, but people are still being significantly hit by levels of land tax that make it difficult for them to hold on to their land, particularly in the south west corner of the state. As the area from north of Perth to Geraldton starts to grow at the same sort of rate, we will eventually start to find the same sorts of issues. Again, the changes to the land tax and the increases in the threshold in particular are welcome. By the way, the increase in thresholds, which is generally 20 per cent on land, has increased fourfold in value over the past 10 years. In some cases the increase is more like 400-fold. Almost 20 years ago, some friends of mine bought five acres of land at Bunker Bay, along the coast from Dunsborough, for next to nothing because it was just a bit of scrubby bush that no-one wanted to live on. They paid a couple of thousand dollars for five acres that, now, one must be a football star or rock star to be able to afford it. There are some welcome components in that provision. [ASSEMBLY - Tuesday, 10 June 2008] 3657

I will make some brief comments on the metropolitan region improvement tax. Although it is a relatively unpopular tax, some pretty good results have arisen from it in the past decade given the development of the metropolitan scheme, and the advancement and planning that allows reasonable growth or planned growth in many areas in Perth. It is not, and never has been, universally successful; none of these schemes ever is. At least it provides a resource that allows for the development of the metropolitan region. It is lucky that the Minister for Planning and Infrastructure is not here so I can praise her in her absence; I hate to be giving too many compliments! It means that many of the metropolitan planning activities are effective and successful. One of the key things we will have to address across the state, as planning activities start to spread is—dare I say—repeat in the other areas some of the successes that have arisen from the metropolitan region scheme. At the moment, there is the Peel scheme and what has become the greater Bunbury region scheme. Outside the metropolitan region there is no equivalent of a metropolitan regional improvement tax, so, in many cases, we will have to find some resources to make those regional schemes function. It gets worse further out in the less populated areas. In the metropolitan region, Peel and the south west there is enough density of population to make these things work. In areas further out, we will have to find significant resources in some other form, because it is unlikely that any form of land-based tax will provide the income to do what is necessary to develop and enhance those areas. Although the metropolitan region improvement tax is unpopular, it has been relatively successful and may need to be repeated in some other form. Whether that comes from consolidated revenue or some other means, the other regional schemes will need to be resourced in some manner. I refer now to parts 4 and 6 of the Revenue Laws Amendment Bill (No. 2) 2008, which comprise a number of smaller provisions to amend a number of areas, some of which have come from the state tax review and a couple of others relate to other bits and pieces. One of those other bits and pieces, of course, is the significant court loss that the state suffered because Origin Energy found a relatively effective loophole to avoid paying duty. The issue comes down to an argument about what is a chattel on a piece of land and what is a piece of land on which the overall dutiable transaction is valued, and which then alters the amount of duty. Origin Energy took an argument to court that said it should be the lower sum and various bits, which are not chattels on that land, should not be included. It was a significant multimillion dollar outcome. I understand that the government is in effect closing that loophole. I do not think the opposition objects to that process. I do not necessarily object to people using the law to its full extent. If we objected to that, we would have some problems. My understanding is that that will effectively close the loophole. Part 4 of the Revenue Laws Amendment Bill (No. 2) 2008 contains another particularly important recommendation of the state tax review that the government has taken on board and will implement, for which it should be applauded. I refer to the exemptions to be provided for disabled persons who live in a home that they do not necessarily own. This provision goes to the heart of the ability of disabled people to, as much as possible, live in the same conditions as everyone else expects to live; that is, they can live in a home that they do not necessarily have the wherewithal to own or manage but in which they can manage themselves adequately. Part 4 of the bill removes the requirement that no rent is to be paid to the owner of the property. The owner of a house in which a disabled family member lives would have to charge the occupant no rent to escape the land tax. This part of the bill provides that the owner can charge a disabled person a modicum amount of rent. Hopefully, it will be an amount that the occupant can afford. The occupant could be the recipient of a payout that is to provide for the person in the future. It is better for those people to live in a home where they have family members close by and have close links and bonds. The owners will no longer be slugged with a land tax on the basis that they are charging the disabled occupant a modicum of rent when, in many of these cases, the rent is available. A disabled person, in the interest of not being a burden or for his own self-respect, might want to pay rent and make a contribution to his own welfare. This is a particularly good clause that we fully support and for which the government should be given credit. The government will extend the definition of a “disabled person” to link it with the commonwealth government’s definition. That is a small but important change, and we support it. The changes to the Revenue Laws Amendment Bill 2008 are relatively small. They relate to a recommendation of the state tax review to provide that an administrator of a will is able to receive an exemption for duties for the tax if the individual is a beneficiary who, in the future, will have a right to a property and will live in the property in the interim. This might occur if a property is left to a child or a young person about whom the parent is concerned and the property is left to the person in fee simple. The property might be left to the person in 25 or 30 years when it is considered that the person has matured sufficiently and is able to look after his or her own affairs. That arrangement would ordinarily attract land tax. This bill will make allowance for the fact that a will has been set up and that the beneficiary is effectively living in the house he or she will own and will live in in the future. That is a good outcome. There are only a couple of other minor matters concerning this bill, including amending the words “public purposes”; clarifying land that is to be used for a zoo in an agricultural society, which is very important for pastoral societies; and a number of other relatively small amendments. I probably do not need to go through them all. The amendments relate to strata titles, caravan parks and camping grounds. A number of other small 3658 [ASSEMBLY - Tuesday, 10 June 2008] amendments tidy up sections of the Duties Act. Generally speaking, it would have been good if the government had extended the land tax thresholds further. We can always argue for further cuts. However, the opposition is appreciative of the government’s efforts to provide a level of relief. I turn to the Revenue Laws Amendment Bill (No. 2) 2008. A couple of clauses in that bill require further examination. One of the things that this bill proposes is to allow the state to place a memorial on a mining tenement to collect unpaid stamp duty. I think that makes sense. In effect that arrangement is similar to having a mortgage over the mining tenement. If a company has not paid its bills before its sells its tenement, the government has a claim over it. Will the Treasurer state the numbers of mining tenements this will impact upon during his second reading response? Mr E.S. Ripper: I may not be able to do that in my response tonight, but I can do it in consideration in detail stage or during the third reading. Dr S.C. THOMAS: When mining exploration is difficult and mining revenues are not that great, it is not uncommon for people to down tools and walk away from a tenement. It can be very difficult to associate the ownership of a tenement with a particular person. It can be difficult to claim the duties that are owed if a 50c exploration company is involved. For the most part such situations are unusual because the resources sector does relatively well and commodities prices are buoyant. However, I ask the Treasurer to provide an indication of what impact that amendment, which is effectively a mortgage on a mining tenement, will have. It might reduce the level of losses. The bill provides the Commissioner of State Revenue with more freedom. It does that in a number of ways. Under part 3 of the bill, the Commissioner of State Revenue will have the power to make a compromised assessment. The commissioner will be able to negotiate an assessment that, theoretically, benefits both parties. The Australian Taxation Office negotiates compromised positions on a regular basis. If the tax office says that a company owes $475 million, but the company says that it has done the figures and believes that it owes only $200 million, rather than spending $100 million in court, the ATO will negotiate an outcome. Is the model proposed in this bill a similar model to the one used by the ATO? Such an arrangement needs legislative support. It is a good provision, because it has the potential to save the state money and it will make the function of revenue collection a better thing. This provision just needs to have pretty good safeguards, as the Australian Tax Office’s model does, to ensure that the negotiations are aboveboard. We must be careful to ensure getting caught by commercial confidentiality, which could allow duties to be negotiated down. Occasionally reports appear in the press about the ATO negotiating a duty of $300 million down to $200 million because it makes a decision that it would not do any better in court, but it cannot give the details because the company involved invokes— and the ATO accepts—commercial confidentiality. At some point in the Treasurer’s response, I would like him to talk briefly about the sort of safeguards that he envisages imposing against those negotiated outcomes. I will not object to them as a principle, I just want to ensure that there are some adequate safeguards in place, whether it be scrutiny at a certain level by certain persons or a set of guidelines of principles by which that would occur. The most important part of the Revenue Laws Amendment Bill (No. 2) 2008 is the power to allow the Commissioner of State Revenue to administer legislative actions before they actually come into effect. At the moment, the has government announced in the budget that it will reduce stamp duty—as was debated in relation to the Revenue Laws Amendment Bill 2008—and it takes some time for that legislative change, which is what is being debated now, so that people who have entered into an agreement whereby a dutiable transaction has occurred will pay the previous higher level of duty because these things cannot be instigated until the legislation is passed by Parliament. I accept that is the case and there is very little room to move around that, but the government has proposed a way around that system. My understanding of this bill is that the government proposes that the Commissioner of State Revenue will be able to administer the act as though the bill were in place. That is actually a form of tax relief. Again, I do not object to what is proposed by the government, but it is an interesting way of overcoming this problem of suddenly having a great delay in the sale of land on the basis that if people hang off for six weeks, they will pay less stamp duty. It is a very interesting prospect that the Commissioner of State Revenue will be using a new bill that is almost in conflict with what is current legislation. My understanding is that that happens in other jurisdictions. In relation to the states and territories, only the Australian Capital Territory allows that power in relation to taxation, but I understand that that form of legislation is used in other jurisdictions around the world. I think the Department of Treasury and Finance mentioned the United Kingdom, India and another country that eludes me at the moment. Could the Treasurer make some small comments about the safeguards in that particular set of circumstances, and about other legislation, that, if the changes are introduced, could, in effect, pre-empt changes in legislation to allow the new government regime to override the legislation in that period until the new legislation is enacted? What are the legislative areas that could possibly apply to it, or is it something that would be completely limited to the taxation section? Mr E.S. Ripper: This is a proposal for taxation legislation only. [ASSEMBLY - Tuesday, 10 June 2008] 3659

Dr S.C. THOMAS: It would be purely the taxation area. Mr E.S. Ripper: That’s right. Dr S.C. THOMAS: Theoretically, the government, having opened the box, could do it for other areas, but it would have to be justified, I suppose. Mr E.S. Ripper: There would have to be a new bill brought before the house to authorise it within particular legislation. This seems to me to be a problem that arises with regard to changes to taxation. I do not really see application for it in other legislative schemes. Dr S.C. THOMAS: No, possibly not, but it is an interesting prospect. It is an interesting way to develop it. I tried to come up with an alternative that I thought might be a better way of doing it, and I completely failed to do so. Therefore, there is no easy answer to the problem of announcing a change in taxation regimes that will have a detrimental impact or an additional cost in the six weeks until the legislation is passed, or, if the government happens to face a hostile upper house, quite a significantly longer period. I have been unable to find a better way to do it. It is a slightly clumsy mechanism, and I suspect that if somebody had found a more effective way to deliver the same outcome, we would have already done so. I had one other outcome that involved a completely totalitarian state in which Parliament was not needed, but I suspect it would probably be more difficult to get that through. Effectively, this is what I think is a relatively clumsy instrument, but it is probably the only instrument available to the Parliament to deliver the outcomes that I think we all agree are good outcomes. If the government introduces taxation relief from stamp duty and it does not want that six-week delay in its implementation—or probably, as much as anything else, it does not want people to have to borrow the extra $3 000 for the stamp duty and then try to claim it back six weeks later once the legislation is enacted—it needs to use what again I think is a slightly clumsy instrument but one that will actually do the job. Short of coming up with a better alternative, I believe it deserves support. Obviously, a couple of safeguards are involved. Notice of the fact that that power can be used will be removed once the bill goes through and effectively changes the act, and there will be a six-month limit. Therefore, if the government does not get its changes through Parliament in six months—I do not have an unlimited time frame tonight, so we will not be stretching that boundary very much and I think we will get the legislation through the house—that will be removed. Obviously, if for some reason the government fails to get its legislation through the Parliament, that will be removed. It is a slightly clumsy instrument but one that probably does what is required. They are probably the significant parts of this bill. There are a couple of other sections in related legislation that the bill changes, and there are a couple of minor changes to the Financial Management Act, which we put through this house about two years ago, in 2006. Those are probably the key points of the Revenue Laws Amendment Bill and its counterpart, bill No 2. Those bills give effect to the government’s budget commitments. As I said, in some areas it is a slightly clumsy instrument, but I have not been able to come up with a better way of doing it. On that basis, and hopefully with a couple of bits of information provided by the Treasurer, the opposition will support both these bills. MR E.S. RIPPER (Belmont — Treasurer) [10.28 pm] — in reply: I thank the shadow Treasurer and member for Capel very much for his comments on the legislation. He has covered a number of issues that I intend to refer to the Commissioner of State Revenue for some further advice. I will provide answers to the questions he has raised on the basis of the commissioner’s advice, and I think I will be in a position to do that when debate resumes on this legislation tomorrow. It is not the government’s intention to take this legislation beyond the second reading stage tonight. Question put and passed. Bill (Revenue Laws Amendment Bill 2008) read a second time. REVENUE LAWS AMENDMENT BILL (NO. 2) 2008 Second Reading Resumed from 14 May. Question put and passed. Bill read a second time. House adjourned at 10.32 pm ______

3660 [ASSEMBLY - Tuesday, 10 June 2008]

QUESTIONS ON NOTICE

Questions and answers are as supplied to Hansard.

TREASURER'S OCTOBER 2006 DELEGATION TO EUROPE 3308. Dr S.C. Thomas to the Treasurer I refer to Question Without Notice No. 103, asked on 20 March 2008, referring to the Treasurer’s October 2006 delegation to Europe and the nearly $100,000 this trip cost, and I ask: (a) what hotels or other accommodation did the delegation stay in, and on which dates; and (b) what is the breakdown of the expenses of the trip into: (c) flights; (d) accommodation (rooms only); and (i) other expenses? Mr E.S. RIPPER replied: (1) The members of the delegation were Dr Jim Limerick, Director General, Department of Industry and Resources Mr Anthony Kannis, Executive Director, Department of Treasury and Finance Dr Brian Hewitt, State Infrastructure Strategy Reference Group Chairman Ms Elizabeth Fells, Cabinet Secretary, Department of Premier and Cabinet (2) The delegation stayed in the following hotels: Monday 2 October 2006 — Una Century Hotel in Milan, Italy; Tuesday 3 October to Wednesday 4 October 2006 — The Steigenberger Parkhotel in Dusseldorf, Germany; Thursday 5 October to Saturday 7 October 2006 — Hilton Paris in Paris,France; and Sunday 8 October to Thursday 12 October 2006 — Radisson Mountbatten Hotel in Covent Garden, London. (3) The breakdown of expenses is: (a) Flights $42,561.78 (b) Accommodation: $18, 928.88 (includes hire of meeting rooms) (c) Land transport $20,962.92 (d) Promotional tools $2,702.92 (e) Agent General's expenses: $3,615.00 (f) Other expenses $8,069.99 QUESTION WITHOUT NOTICE NOS 164 AND 171 — SYNERGY SUBSIDY 3326. Dr S.C. Thomas to the Minister for Energy I refer to the answer to questions without notice Nos 164 and 171 of 8 and 9 April on the $780 million “subsidy for electricity consumers” and the confirmation that private providers will be able to access some of the $780 million subsidy if they are selling power to Synergy below the cost of production, and I ask: (a) are any private energy providers currently supplying electricity to Synergy for resale into the incontestable market, which services domestic consumers; (b) given that the vesting contracts arranged by the Government upon the break-up of Western Power in 2006 required 100% of the uncontested market to be purchased from Verve, but over time part of this market would be tendered out to the private sector, how many tenders have been awarded; (c) what is the level of generation that has been tendered; (d) what proportion of the uncontested market has now been tendered; (e) when will these tenders be supplying electricity into the South West Grid for the uncontested market, and how much electricity will that be; and [ASSEMBLY - Tuesday, 10 June 2008] 3661

(f) will the Government need to change its current Community Service Obligation (CSO) policy which, only allows the Government to make CSO payments to Government owned businesses or since Synergy is projected to continue making millions in profit under the current price regime, is the use of Synergy purely as the distribution point of the money the Government’s attempt to circumvent its own policy? Mr F.M. LOGAN replied: The Office of Energy has provided the Minister for Energy with the following response. (a) Synergy is currently sourcing wholesale electricity supply to meet the requirements of its contestable and non-contestable customers from Verve Energy's generation portfolio, from the Emu Downs wind farm (owned by Griffin Energy and Stanwell Corporation) and from landfill gas through Waste Gas Resources. Synergy will soon also source electricity supply for its contestable and non-contestable customers from NewGen's Kwinana Power Station, upon commissioning of this plant, which is scheduled for October 2008. (b) Synergy has completed one tender, and is currently running a second. (c) The tender that Synergy has completed was for up to 200 MW of electricity, and for up to 50 MW of renewable electricity. This supplements the 320 MW tender awarded to NewGen Power and two tenders for 81 MW renewable energy all completed prior to disaggregation. (d) Synergy does not run tenders for power to supply the non-contestable segment of its portfolio. Instead it runs tenders for power to supply its customer portfolio, including non- contestable and contestable tariff customers, as well as contract customers. Synergy's total load varies according to market conditions. Currently, the proportion of Synergy's load that has been tendered is approximately 15 per cent, although it should be noted that some of the tendered load does not commence supply until 2009-10. (e) Synergy has signed three electricity supply contracts as a result of the tender it has completed — one for 200 MW, one for 40 MW, and one for 1.5 MW. All three contracts are for electricity supply to commence from 1 October 2009. Synergy will use the electricity supply from these three contracts to help meet the requirements of both contestable and non- contestable customers. (f) The Government will not need to change its Community Service Obligation policy. The Community Service Obligation only relates to tariffs for small business and residential customers, and Synergy is currently the only supplier of non-contestable customers. The Community Service Obligation payments will be made to Synergy to fund the difference between cost-reflective retail tariffs and the tariffs that Synergy will be allowed to charge to small business and residential customers, and is therefore a subsidy to residential and small business consumers who are not able to choose their electricity retailer. ROYAL AGRICULTURAL SHOWGROUNDS — RAILWAY STATION 3327. Mr T.R. Buswell to the Minister for Planning and Infrastructure (1) Of the 52 days in 2008 that the Royal Agricultural Showgrounds special events railway station will be used, which events will the station be used for? (2) How many times has the station been used for each year from 2001 to 2007 inclusive, and for what events? Ms A.J.G. MacTIERNAN replied: (1) As per the following table, The Public Transport Authority is aware of 21 events over 62 days held at the Royal Agricultural Showgrounds for 2008 using the special events train station.

Dates Event Days Sunday 3 February 2008 Big Day Out 1 Saturday 23 February 2008 The City Muster 1 Sunday 24 February 2008 Saluting Bon Scott 1 Saturday 8 — Sunday 9 March 2008 Pool, Spa & Outdoor Living Expo 2 Thursday 13 — Monday 17 March 2008 Caravan & Camping Show 5 Friday 25 — Sunday 27 April 2008 Treasured Craft Creations 3 May — August 2008 Core Sports 1 Saturday 24 May 2008 Bindaring Red Cross 1 Saturday 31 — Monday 2 June 2008 Australian Model Railway Expo 3 3662 [ASSEMBLY - Tuesday, 10 June 2008]

June — August 2008 Leather Connection Giant Clearance Sale 6 Friday 20 — Sunday 22 June 2008 Career Choices Expo 2008 3 Friday 27 — Sunday 29 June 2008 Supanova Pop Culture Expo 3 Wednesday 16 — Thursday 17 July 2008 West Australian Education Expo 2 Friday 1 — Sunday 3 August 2008 WA Craft Quilt & Stitch Show 3 Friday 8 — Sunday 10 August 2008 WA Wood Show 3 Friday 16 — Sunday 17 August 2008 Pregnancy, Babies & Children's Expo 3 Saturday 23 — Sunday 24 August 2008 Treasured Craft Creations 2 Saturday 27 Sept — Saturday 4 Oct 2008 Perth Royal Show 8 Thursday 23 — Sunday 26 Oct 2008 ABC Gardening Australia 4 Thursday 30 Oct — Sunday 2 Nov 2008 Conscious Living Expo 2008 4 Friday 21 — Sunday 23 November 2008 Treasured Craft Creations 3 TOTAL 62 (2) This information is not recorded. VERVE ENERGY — 2006-07 ANNUAL REPORT 3329. Dr S.C. Thomas to the Minister for Energy I refer the Minister to the 2006-2007Annual Report for Verve Energy, page 15, and ask: (1) On the Income Statement, what is the itemised breakdown for the item marked “Other Expenses” that accounts for $51,242,000? (2) On the Income Statement in the item marked “Income Tax Benefit”, does this figure represent: (a) an actual payment of cash; or (b) the recognition of a tax benefit that will not be paid in cash? Mr F.M. LOGAN replied: Verve Energy has provided the Minister for Energy with the following response. (1) Other expenses include: • Hiring of vehicles and equipments • Consultancy and professional services expenses • Advertising & promotional • Shared services — IT • Cleaning • Security • Training • Rental • Permit and licences • Payment to IMO • Audit remuneration • Insurance • Travelling • Loan Guarantee charges • Loss on disposal of fixed assets • Subscriptions & periodicals • Other staff expenses • Other office expenses *Payments to the IMO represent Reserve Capacity Refund payments to the Independent Market Operator for Capacity not being available and represent about 27% of total other expenses. (2) (b) the recognition of a tax benefit that will not be paid in cash. GOVERNMENT AGENCY — RESPONSIBILITY — BRIDGE MAINTENANCE 3330. Dr S.C. Thomas to the Minister for Water Resources (1) Are the Water Corporation, the Department of Water or, the Water and Rivers Commission responsible for the construction or maintenance of bridges for access to property over drainage reserves under any circumstances? (2) If so, what are the circumstances? [ASSEMBLY - Tuesday, 10 June 2008] 3663

Mr J.C. KOBELKE replied: Department of Water (1) No. The Department of Water is not responsible for construction or maintenance of bridges and drainage reserves. (2) Not Applicable Water Corporation (1)-(2) Yes. The Water Corporation is responsible for bridges and crossovers over existing drains in rural areas. Where a Water Corporation drain crosses vacant land, or severs access to vacant land, the Corporation will not accept responsibility to provide a crossing. The future provision of the crossing remains the responsibility of the landowner. The Water Corporation does accept responsibility for the building of a bridge or crossover where a Corporation drain is constructed on, or cuts off access to, private property. However, on completion, the crossing will pass to the landowner for maintenance and replacement. Where a Water Corporation drain crosses a gazetted roadway, the Corporation accepts responsibility for the construction and maintenance of a crossing to maintain access at the time of construction of the drain. If the gazetted roadway is not used at the time it is severed by a Water Corporation drain, there is no requirement to construct a crossing. If the roadway is subsequently opened, the provision of a crossing will rest with the authority responsible for opening the road. KALAMUNDA SENIOR HIGH SCHOOL — MAINTENANCE 3332. Mr J.H.D. Day to the Minister for Education and Training With reference to question on notice 3148 regarding maintenance needs at Kalamunda Senior High School: (1) Why did the Minister fail to provide specific information about the current maintenance requirements, as was requested? (2) Will the Minister now advise: (a) what is the current estimated value of maintenance which is required; (b) what are the details of maintenance which is required; (c) have funds been allocated for such maintenance; (d) if not, when will funds be allocated; and (e) what are the specific details of the “more than $5 million has been spent on maintenance and capital works at the school since 2001”? Mr M. McGOWAN replied: (1) The response to question on notice 3148 referred to the Government's record commitment to maintenance in schools and in particular, that more than $5 million has been spent on maintenance and capital works at Kalamunda Senior High School since 2001. (2) (a)-(d) The allocation of funds to District Education Offices is being determined. The maintenance needs of KalamundaSenior High School will be considered by the District Office once the allocations are complete, and in the context of the maintenance needs of other schools within the district. (e) The estimated expenditure on maintenance and capital works undertaken at the school since 2001 is as follows: General Maintenance $ 1.9m Air Cooling $ 0.8m School Refurbishment $ 1.8m Installation of Lift $ 0.2m Minor Works $ 0.2m In addition an allocation of approximately $0.1million was provided through the Federal Investing in our Schools program. 3664 [ASSEMBLY - Tuesday, 10 June 2008]

QUESTION ON NOTICE 3144 — DREAMTIME CONSULTANCY — DIRECTORS 3333. Dr K.D. Hames to the Minister for Corrective Services I refer to Assembly Question on Notice 3144 of 11 March 2008 which was answered on 9 April 2008 regarding Dreamtime Consultancy and contract for Tender No.2997/2007 for Aboriginal Cultural Awareness Training and I ask: (1) Could the Minister please list the names of the directors of Dreamtime Consultancy? Ms M.M. QUIRK replied: (1) Dreamtime Consultancy is registered as a sole trader and is owned by Megan Krakouer.. FIRST START PROGRAM — REGION STATISTICS 3335. Mr J.E. McGrath to the Minister for Housing and Works Could the Minister answer the following questions, in the same format as the answer to Question on Notice No. 2238 (asked 20 June 2007), for the following three month period: July, August and September 2007: (1) How many Western Australians in the following regions applied for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (2) How many Western Australians in the following regions have been accepted for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (3) What is the total amount of First Start program loans the Government has committed to in each of the following regions — (a) North Metropolitan; (b) East Metropolitan; (c) South Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (4) What is the rate of interest being charged by the Government for the First Start program loans? Mrs M.H. ROBERTS replied: The State Government launched the innovative shared equity scheme, First Start, in February 2007. First Start has the capacity to assist 3000 West Australian households over three years to purchase their first home. $300M has been allocated to fund the equity the State Government, through the Department of Housing and Works, will purchase and $600M has been budgeted to offer home owners finance through Keystart for their share of the home. As at 31 May 2008, 939 West Australian households have been formally approvedfor finance to purchase their own home with the support of First Start and a further 591 have been referredfor finance. The Department of Housing and Works advises as follows for the months of July, August and September 2007: (1) (a) North Metropolitan 358 (b) South Metropolitan 157 (c) East Metropolitan 147 [ASSEMBLY - Tuesday, 10 June 2008] 3665

(d) South West 79 (e) Mining and Pastoral 42 (f) Agricultural 27 (2) (a) North Metropolitan 100 (b) South Metropolitan 43 (c) East Metropolitan 42 (d) South West 27 (e) Mining and Pastoral 10 (f) Agricultural 7 (3) First Start Loan $M DHW $M Total $M (a) North Metropolitan 18.8 10.4 29.2 (b) East Metropolitan 7.9 5.2 13.1 (c) South Metropolitan 7.9 4.9 12.8 (d) South West 4.4 2.5 6.9 (e) Mining and Pastoral 1.3 0.72 2.02 (f) Agricultural 0.7 0.42 1.12 (4) During the July to September 2007 quarter the interest rate was 7.99%. The current interest rate, from 1 June 2008, is 8.99%. FIRST START PROGRAM — REGION STATISTICS 3336. Mr J.E. McGrath to the Minister for Housing and Works Could the Minister answer the following questions, in the same format as the answer to Question on Notice No. 2238 (asked 20 June 2007), for the following three month period: October, November and December 2007- (1) How many Western Australians in the following regions applied for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (2) How many Western Australians in the following regions have been accepted for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (3) What is the total amount of First Start program loans the Government has committed to in each of the following regions — (a) North Metropolitan; (b) East Metropolitan; (c) South Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (4) What is the rate of interest being charged by the Government for the First Start program loans? 3666 [ASSEMBLY - Tuesday, 10 June 2008]

Mrs M.H. ROBERTS replied: The State Government launched the innovative shared equity scheme, First Start, in February 2007. First Start has the capacity to assist 3000 West Australian households over three years to purchase their first home. $300M has been allocated to fund the equity the State Government, through the Department of Housing and Works, will purchase and $600M has been budgeted to offer home owners finance through Keystart for their share of the home. As at 31 May 2008, 939 West Australian households have been formally approvedfor finance to purchase own home with the support of First Start and a further 591 have been referredfor finance. The Department of Housing and Works advises as follows for the months of October, November and December 2007 (1) (a) North Metropolitan 274 (b) South Metropolitan 131 (c) East Metropolitan 126 (d) South West 72 (e) Mining and Pastoral 39 (f) Agricultural 22 (2) (a) North Metropolitan 120 (b) South Metropolitan 63 (c) East Metropolitan 55 (d) South West 30 (e) Mining and Pastoral 8 (f) Agricultural 3 (3) First Start Loan $M DHW $M Total $M (a) North Metropolitan 22.1 14.0 36.1 (b) EastMetropolitan 10.2 5.6 15.8 (c) South Metropolitan 11.8 6.3 18.1 (d) South West 5.3 2.9 8.2 (e) Mining and Pastoral 1.1 0.72 1.83 (f) Agricultural 0.3 0.19 0.49 (4) The current interest rate, from 1 June 2008, is 8.99%. FIRST START PROGRAM — REGION STATISTICS 3337. Mr J.E. McGrath to the Minister for Housing and Works Could the Minister answer the following questions, in the same format as the answer to Question on Notice No. 2238 (asked 20 June 2007), for the following three month period: January, February and March 2008 – (1) How many Western Australians in the following regions applied for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (2) How many Western Australians in the following regions have been accepted for the First Start program — (a) North Metropolitan; (b) South Metropolitan; (c) East Metropolitan; [ASSEMBLY - Tuesday, 10 June 2008] 3667

(d) South West; (e) Mining and Pastoral; and (f) Agricultural? (3) What is the total amount of First Start program loans the Government has committed to in each of the following regions — (a) North Metropolitan; (b) East Metropolitan; (c) South Metropolitan; (d) South West; (e) Mining and Pastoral; and (f) Agricultural? (4) What is the rate of interest being charged by the Government for the First Start program loans? Mrs M.H. ROBERTS replied: The State Government launched the innovative shared equity scheme, First Start, in February 2007. First Start has the capacity to assist 3000 West Australian households over three years to purchase their first home. $300M has been allocated to fund the equity the State Government, through the Department of Housing and Works, will purchase and $600M has been budgeted to offer home owners finance through Keystart for their share of the home. As at 31 May 2008, 939 West Australian households have been formally approved for finance to purchase own home with the support of First Start and a further 591 have been referred for finance. The Department of Housing and Works advises as follows for the months of January, February, March 2008: (1) (a) North Metropolitan 433 (b) South Metropolitan 235 (c) East Metropolitan 188 (d) South West 117 (e) Mining and Pastoral 21 (f) Agricultural 27 (2) (a) North Metropolitan 183 (b) South Metropolitan 102 (c) East Metropolitan 75 (d) South West 64 (e) Mining and Pastoral 9 (f) Agricultural 10 (3) First Start Loan $M DHW $M Total $M (a) North Metropolitan 35.9 19.4 55.3 (b) East Metropolitan 14.0 7.0 21.0 (c) South Metropolitan 19.0 10.6 29.6 (d) South West 11.2 5.8 17.0 (e) Mining and Pastoral 1.2 .77 1.79 (f) Agriculture 1.4 0.91 2.31 (4) The current interest rate, from 1 June 2008, is 8.99%. EDUCATION DISTRICT OFFICES — NATIONAL AND STATE FLAGS — GOVERNMENT POLICY 3340. Mr G. Snook to the Minister for the Environment (1) Could the Minister please advise if there is a policy to provide district and regional offices with both the national and state flags to fly at their offices? (2) If not, why not? (3) If there is a policy to provide flags, what is the Department’s budget allocation for the provision of flags to all of its offices and, is this funding directed to the individual district and regional offices? 3668 [ASSEMBLY - Tuesday, 10 June 2008]

Mr D.A. TEMPLEMAN replied: Department of Environment and Conservation (1) No. (2) The practice of the department is to provide and fly flags at offices and national parks that have flag poles. (3) The department does not have a separate budget allocation for the provision of flags. Each district and regional office has a budget for all their costs, including purchase of flags for those offices and national parks that have flag poles. Locations with flag poles are notified from a central source of arrangements for flags, such as flying flags at half mast on special occasions. Botanic Gardens and Parks Authority (1) No. (2) The State War Memorial precinct has official flag poles for the State and National flags to be raised in conjunction with State Government requirements and in consultation with the RSL. These flags are provided by the RSL. (3) Not applicable. Swan River Trust (1) No. (2) Swan River Trust is a tenant in a building where flag flying is not feasible and there are no flag poles. (3) Not applicable. Zoological Parks Authority (1) The Zoological Parks Authority does not have a policy on flags. However, the National, Western Australian State and Aboriginal flags are flown daily within Perth Zoo's entry precinct. (2) No policy is required. (3) The Zoological Parks Authority replaces flags from within its recurrent funding as required. PRIMARY SCHOOLS — OPERATIONAL CLASSROOM AREAS 3341. Mr T.R. Buswell to the Minister for Education and Training (1) How many operational classroom areas are situated in each of the following primary schools, and what are they: (a) Flinders Park Primary; (b) Parkfield Primary; (c) Campbell Primary; (d) Huntingdale Primary; (e) Atwell Primary; (f) Charthouse Primary; (g) Rostrata Primary; (h) Settlers Primary; (i) Winthrop Primary; (j) Ashdale Primary; (k) Ellenbrook Primary; (l) Rawlinson Primary; (m) Beaumaris Primary; (n) Butler Primary; (o) Carramar Primary; (p) Clarkson Primary; (q) Currambine Primary; (r) Kinross Primary; and (s) Tapping Primary? (2) How many operational classroom areas are situated in each of the following secondary schools, and what are they: [ASSEMBLY - Tuesday, 10 June 2008] 3669

(a) Australind Senior High; (b) Kelmscott Senior High; (c) Mandurah Senior College; (d) Rossmoyne Senior High; (e) Willetton Senior High; (f) Ballajura Community College; (g) Mt Lawley Senior High; (h) Churchlands Senior High; and (i) Woodvale Senior High? Mr M. McGOWAN replied: (1) The following data indicates the number of operational classrooms in each of the nominated primary schools: Flinders Park Primary School General Classrooms: 18 Other specialist facilities: 7 Parkfield Primary School General Classrooms: 25 Other specialist facilities: 8 Campbell Primary School General Classrooms: 27 Other specialist facilities: 8 Huntingdale Primary School General Classrooms: 25 Other specialist facilities: 8 Atwell Primary School General Classrooms: 24 Other specialist facilities: 12 Charthouse Primary School General Classrooms: 22 Other specialist facilities: 8 Rostrata Primary School General Classrooms: 26 Other specialist facilities: 6 Settlers Primary School General Classrooms: 21 Other specialist facilities: 8 Winthrop Primary School General Classrooms: 23 Other specialist facilities: 8 Ashdale Primary School: General Classrooms: 23 Other specialist facilities: 11 Ellenbrook Primary School: General Classrooms: 18 Other specialist facilities: 8 Rawlinson Primary School: General Classrooms: 19 Other specialist facilities: 6 Beaumaris Primary School: General Classrooms: 24 Other specialist facilities: 8 Butler Primary School: General Classrooms: 25 Other specialist facilities: 9 3670 [ASSEMBLY - Tuesday, 10 June 2008]

Carramar Primary School: General Classrooms: 27 Other specialist facilities: 10 Clarkson Primary School: General Classrooms: 20 Other specialist facilities: 9 Currambine Primary School: General Classrooms: 26 Other specialist facilities: 11 Kinross Primary School: General Classrooms: 22 Other specialist facilities: 9 Tapping Primary School: General Classrooms: 21 Other specialist facilities: 8 (2) The following data indicates the number of operational classrooms in each of the nominated secondary schools: Australind Senior High School: General Classrooms: 32 Other specialist facilities: 30 Kelmscott Senior High School: General Classrooms: 36 Other specialist facilities: 37 Mandurah Senior College: General Classrooms: 20 Other specialist facilities: 31 Rossmoyne Senior High School: General Classrooms: 44 Other specialist facilities: 39 Willetton Senior High School: General Classrooms: 44 Other specialist facilities: 42 Ballajura Community College: General Classrooms: 59 Other specialist facilities: 42 Mount Lawley Senior High School: General Classrooms: 30 Other specialist facilities: 40 Churchlands Senior High School: General Classrooms: 38 Other specialist facilities: 44 Woodvale Senior High School: General Classrooms: 34 Other specialist facilities: 39 RAILWAY TRACK UPGRADES 3344. Mr G.M. Castrilli to the Minister for Planning and Infrastructure (1) Of any track upgrades and maintenance planned for 2008 and 2009; will any freight trains be affected? (a) if so please explain how they will be affected and the duration? Ms A.J.G. MacTIERNAN replied: The question is vague and imprecise and it is difficult to know the specific information that is being sought by the Member. If the Member is able to provide a more precise question I will be pleased to provide an answer. [ASSEMBLY - Tuesday, 10 June 2008] 3671

MINISTERIAL OFFICES — WEBSITE MANAGEMENT TEAMS 3345. Mr A.J. Simpson to the Public Sector Management I refer to the Premier’s response to Question on Notice No 2792, answered on 29 November 2007, and ask: (a) The Minister for Local Government; Racing and Gaming; Multicultural Interests and Citizenship; Government Enterprises; Minister Assisting the Minister for Planning and Infrastructure; Goldfields-Esperance; Youth in the her answer to Question on Notice 2795 referred the answer of whether the Ministerial Office employed online marketing or website management teams to you. Why, in your answer to this question, did you omit to mention these offices; (b) do any Western Australian State Government Ministerial Offices have online marketing or website management teams or any other staff directed or employed to maintain or update websites; and (c) if yes to (b), please provide a list of each office and advise: (i) how many staff each of these offices employ to develop, maintain or update websites in any capacity; (ii) the annual salary for each of these staff members; (iii) whether these staff members are issued with a credit card; and (iv) any other expenses besides wages spent on these staff and their offices? Mr A.J. CARPENTER replied: Department of the Premier and Cabinet advises: The Member is referred to the answer to parliamentary question on notice 2792 which included details for all Ministerial Offices as part of the answer submitted by the Department of the Premier and Cabinet. The response to parliamentary question on notice 2795 refers to departments and organisations under the Minister's responsibilities other than her own Ministerial Office. It is noted that the Minister's response for her Ministerial Office indicated that a "response will be forthcoming from the Minister for Public Sector Management." GOLD CORPORATION — WEBSITE STAFF EMPLOYMENT CONDITIONS 3346. Mr A.J. Simpson to the Minister representing the Minister for Government Enterprises In reference to the Minister’s answer to Question on Notice 2795, answered on 20 November 2007, can the Minister advise: (a) what award are the two website management staff retained at the Gold Corporation employed only; (b) what is their annual salary; and (i) if this cannot be answered specifically, what is the range in dollars annually that their pay band covers; (c) what specific websites do they manage (include URLs)? Mr E.S. RIPPER replied: Gold Corp (a) No award (b) $95,950 & &53,000 (c) www.perthmint.com.au www.discoveraustralia.com.au www.discoveraustralia.org.au CONFISCATION PROCEEDS ACCOUNT — FUNDING ALLOCATION 3347. Mr T.R. Buswell to the Attorney General (1) Can the Attorney General provide details on how funding of the Confiscation Proceeds Account has been allocated since 2000? (1) $7,772,620 has been allocated to not-for-profit non-government organisations and local governments for 135 worthy projects. The account also pays for the administrative costs of the seizure and disposal of the property which generates funds for this account. The allocations of administrative costs are: 3672 [ASSEMBLY - Tuesday, 10 June 2008]

Director of Public Prosecutions $5,311,745 Western Australia Police $685,455 Public Trust Office $8,449 CONFISCATION PROCEEDS ACCOUNT — FUNDING 3348. Mr T.R. Buswell to the Attorney General (1) Can the Attorney General advise the amount of funding that exists within the Confiscation Proceeds Account? Mr J.A. McGINTY replied: The balance of the account at the 30 April 2008 was $9,175,006.46. However, this includes $2,689,852 of funds required for future progress payments for grant programs currently being undertaken. As a result the balance of available funds within the account is $6,485,154.46. POLICE — OVERSEAS RECRUITMENT DRIVE 3350. Mr T.R. Buswell to the Minister for Police and Emergency Services (1) Can the Minister provide details on how many police have been recruited through the overseas recruitment drive commenced in 2005? Mr J.C. KOBELKE replied: (1) Since September 2005, there has been 433 officers from overseas who have joined WA Police and been deployed in both Metropolitan and Regional WA. A further 558 officers have been selected to commence with WA Police, but are currently undergoing immigration processes. These officers have come from the United Kingdom, Ireland, South Africa, Singapore, Netherlands, Denmark, Norway, Italy, Germany, Switzerland and the USA. COMMUNITY WORK ORDERS — GREAT SOUTHERN REGION 3352. Mr T.K. Waldron to the Minister for Corrective Services Minister, I refer to your department’s community work orders and the staff allocated to each offender in the Great Southern region and ask: (a) how many offenders currently have allocated supervision; (b) how many offenders currently have no allocated supervision; (c) how many offenders currently fall under neither category and are recorded as being mentored or monitored; and (d) of the offenders being supervised or mentored, how many of these are supervised or monitored locally and how many from elsewhere? Ms M.M. QUIRK replied: (a) As at 19 May 2008, the number of adult offenders throughout the Great Southern region, consisting of Albany, Katanning, and Narrogin, that were assigned a dedicated case manager is 167. As at 19 May 2008, the number of juvenile offenders throughout the Great Southern region that were assigned a dedicated case manager is 21. (b) As at 19 May 2008, the number of adult offenders throughout the Great Southern region, that are either non-reporting or do not have supervision as a condition of their community order, is 29. As at 19 May 2008, the number of juvenile offenders throughout the Great Southern region that do not have supervision as a condition of their community order, is 2. (c) As at 19 May 2008, the number of adult offenders subject to court orders and early release orders throughout the Great Southern region, that were not allocated a dedicated case manager and subject to monitoring by the Supervisory Team, is 49. As at 19 May 2008, the number of juvenile offenders subject to court orders and early release orders throughout the Great Southern region, that were not allocated a dedicated case manager and subject to monitoring by the Supervisory Team, is 4 (inclusive of 2 currently in custody). (d) As the Department's databases do not capture information pertaining to the number of offenders being supervised or monitored locally or elsewhere, a specific response is not available. [ASSEMBLY - Tuesday, 10 June 2008] 3673

GOVERNMENT AGENCIES — STAFF RESPONSIBLE FOR MAINTAINING WEBSITES 3353. Mr A.J. Simpson to the Parliamentary Secretary representing the Minister for Agriculture and Food (1) Can the Minister advise whether there are any staff members in the Department of Agriculture and Food that are responsible for working on, or maintaining websites and list their pay grades? Mr WATSON replied: Yes. Public Service General Agreement. 0.3 FTE Level 5, $60,638 to $67,017 0.25 FTE Level 5, $60,638 to $67,017 0.5 FTE Level 4, $54,510 to $57,609 1.0 FTE Level 4, $54,510 to $57,609 0.4 FTE Level 4, $54,510 to $57,609 1.0 FTE Level 3, $48,409 to $52,560 1.0 FTE Level 2, $42,017 to $46,686 Total 0.55 FTE Level 5, $60,638 to $67,017 1.9 FTE Level 4, $54,510 to $57,609 1 FTE Level 3, $48,409 to $52,560 1 FTE Level 2, $42,017 to $46,686 GOVERNMENT AGENCIES — STAFF RESPONSIBLE FOR MAINTAINING WEBSITES 3354. Mr A.J. Simpson to the Minister for the Environment Can the Minister advise whether there is any staff in the following agencies responsible for working on or maintaining websites and, list their pay grades: (a) Botanic Gardens and Parks Authority; (b) Ministerial Office; (c) Zoological Parks Authority; and (d) Peel Development Commission? Mr D.A. TEMPLEMAN replied: (a) The Botanic Gardens and Parks Authority has one part-time Level 3 officer who acts as "web editor" on a 0.2FTE basis. Pay level is at Level 3.4 GOSAC award (pro rata). (b) None. (c) The Zoological Parks Authority's model for updating and maintaining website content has been devolved across the business to functional areas, under the direction of Perth Zoo Directors. There is no one person responsible for working on or maintaining the website. Technical issues are resolved through the contract for web hosting services. (d) The Peel Development Commission has one Level 5 staff member (Corporate Communications Coordinator) who as part of their responsibilities includes maintaining the website at approximately a 0.05 FTE basis. GOVERNMENT AGENCIES — STAFF RESPONSIBLE FOR MAINTAINING WEBSITES 3356. Mr A.J. Simpson to the Premier (1) Can the Premier advise whether there are any staff members in the Department of Premier and Cabinet that are responsible for working on or maintaining websites and list their pay grades? Mr A.J. CARPENTER replied: Department of the Premier and Cabinet advises: (1) Yes. Staff members responsible for working on or maintaining websites are: 3674 [ASSEMBLY - Tuesday, 10 June 2008]

1.0 FTE at Level 1 2.1 FTE at Level 3 1.8 FTE at Level 4 1.4 FTE at Level 6 0.75 FTE at Level 8 There are no online management teams as previously advised in the answer to Legislative Assembly Parliamentary Question on Notice 2792. GOVERNMENT AGENCIES — WEBSITE FUNDING 3365. Mr A.J. Simpson to the Minister for Public Sector Management I refer the Premier to Question on Notice 3283, answered on 6 May 2008 and I ask: (a) using the information provided to the Office of e-Government in the Review of Western Australian Government (WA) Websites, and the Website Governance Framework audit, what funds were allocated by each Government agency to spend on websites in the 2005-06 financial year? (b) can the Premier also list what funds were allocated by each Government agency to spend on websites in the 2006-07 financial year? (c) if the Premier was unable to answer either of the above questions, why is it the case that the Minister for Public Sector Management is unable to provide basic accounting information for an area covered by his portfolio? Mr A.J. CARPENTER replied: Department of the Premier and Cabinet advises: (a)-(c) As part of the development of the new Website Governance Framework, it is intended that agencies will be required to report annually on the cost of their websites to the Office of e- Government. The first reporting period will be used as a baseline and be for the financial year 2007-8 and information is due to the Office of e-Government by 30 June 2008. TRAFFIC FINES AND INFRINGEMENTS — MULTANOVA STATISTICS 3367. Mr J.E. McGrath to the Minister for Police and Emergency Services (a) Can the Minister provide the total value of fines and the number of infringements issued as a result of drivers being caught by a Multanova in: (i) 2005; (ii) 2006; and (iii) 2007? (b) Can the Minister breakdown his answer to (1), showing both the value and number of infringements that were issued for each of the following ranges for the three years 2005, 2006 and 2007: (i) less than 9km/hr over the speed limit; (ii) 10km/hr – 19km/hr over the speed limit; (iii) 20km/hr – 29km/hr over the speed limit; (iv) 30km/hr – 39km/hr over the speed limit; and (v) 40km/hr or moreover the speed limit? Mr J.C. KOBELKE replied: (a) Total number of infringements and value of fines issued 2005-2007 resulting from Multanova cameras: 2005 2006 2007 Infringements Issued 427,011 324,805 382,281 Total Value of Fines $35,506,376 $28,164,832 $41,389,141 Note: The above information relates to the date the infringement was issued, not the date offence occurred. There can be considerable delays between an offence and the infringement being issued due to data entry, image processing, data validation, or investigation of the offence. [ASSEMBLY - Tuesday, 10 June 2008] 3675

(b) Total speed-related infringements and value of fines issued resulting from Multanova cameras, broken down by speed over the speed limit: Infringements Issued 2005 2006 2007 Less than 9kph 207,368 150,663 173,790 10 — 19kph 171,107 131,415 157,331 20 — 29kph 16,336 13,665 17,853 30 — 40kph 2,509 2,113 2,571 41kph+ 596 546 505 Total Value of Fines 2005 2006 2007 Less than 9kph $10,522,737.50 $7,815,916.50 $11,109,789 10 — 19kph $17,294,763.50 $13,461,887.50 $19,991,250.50 20 — 29kph $2,477,262.50 $2,093,397 $3,612,405 30 — 40kph $632,800 $536,641 $772,649.50 41kph+ $210,525 $193,833.50 $303,291 Note: The above two tables (b) include only speed-related infringements and fines. The table in (a), however, contains all infringements that can be picked up by Multanova (e.g. contravene a red traffic control signal, drive contrary to arrows at intersection, etc). Therefore, the infringement and fine totals will differ between (a) and (b). Source: WA Police Infringement Image Processing System (IIPS) and Mainframe INF System. TRAFFIC FINES AND INFRINGEMENTS — HAND-HELD SPEED CAMERA 3368. Mr J.E. McGrath to the Minister for Police and Emergency Services (1) Can the Minister provide the total value of fines and the number of infringements issued as a result of drivers being caught by a hand-held speed camera in: (a) 2005; (b) 2006; and (c) 2007? (2) Can the Minister breakdown his answer to (1), showing both the value and number of infringements that were issued for each of the following ranges for the three years 2005, 2006 and 2007: (a) less than 9km/hr over the speed limit; (b) 10km/hr – 19km/hr over the speed limit; (c) 20km/hr – 29km/hr over the speed limit; (d) 30km/hr – 39km/hr over the speed limit; and (e) 40km/hr or more over the speed limit? Mr J.C. KOBELKE replied: (1) Total number of infringements and value of fines issued 2005-2007 resulting from hand-held speed cameras: 2005 2006 2007 Infringements Issued 151,767 133,336 162,831 Total Value of Fines $17,752,027 $15,908,272.50 $29,181,548 Note: The above information relates to the date the infringement was issued, not the date offence occurred. (2) Total speed-related infringements and value of fines issued resulting from hand-held speed cameras, broken down by speed over the speed limit Infringements Issued 2005 2006 2007 Less than 9kph 7,219 8,158 16,280 10 — 19kph 106,505 92,130 110,547 20 — 29kph 30,659 26,473 29,033 30 — 40kph 6,052 5,479 5,722 41kph+ 1,332 1,096 1,249 3676 [ASSEMBLY - Tuesday, 10 June 2008]

Total Value of Fines 2005 2006 2007 Less than 9kph $367,287.50 $433,537.50 $1,292,210.50 10 — 19kph $10,755,487.50 $9,587,085 $17,156,928 20 — 29kph $4,637,713.50 $4,096,793 $7,433,644.50 30 — 40kph $1,523,051 $1,401,154.50 $2,040,574.50 41kph+ $468,487.50 $389,702.50 $1,258,190.50 Source: WA Police Infringement Image Processing System (IIPS) and Mainframe INF System DRINK DRIVING — STATISTICS 3369. Mr J.E. McGrath to the Minister for Police and Emergency Services (1) I ask the Minister, how many people were caught drink driving in 2007? (2) Can the Minister breakdown the information provided for the previous question, to show the number of drivers with a blood alcohol concentration: (a) greater than 0.05 but less than or equal to 0.08; (b) greater than 0.08 but less than or equal to 0.15; and (c) greater than 0.15? (3) How many of the people referred to in (1) had been previously caught (within the last five years) for drink driving? Mr J.C. KOBELKE replied: (1) There were 22,156 drink driving charges and infringements issued for 2007, based on arrest date or infringement issue date. Note: Some court briefs contain multiple charges against an individual. This usually represents an individual being caught drink driving more than once on the same day. (2) Number of charges and infringements proffered in 2007 for: (a) Excess 0.05% BAC — 6,353 (includes 3,254 infringements) (b) Excess 0.08% BAC — 10,333 (c) Excess 0.15% BAC — 3,978 (3) Of the 17,156 unique persons arrested in 2007 for drink driving, 5,435 (31.7%) had been arrested for drink driving at least once previously between 2003 and 2007 Note: Due to differences in recording systems and incompatibility of data, the number of unique persons cannot be compared for both charges and infringements. Of the 22,156 charges and infringements issued in 2007, 85% were charges. Source: Briefcase and the Infringement Image Processing System (IIPS) ROADSIDE DRUG TESTS — STATISTICS 3370. Mr J.E. McGrath to the Minister for Police and Emergency Services (1) I ask the Minister, how many roadside drug tests were conducted by the drug bus since its introduction until 30 April 2008? (2) Of the total number of tests from (1), can the Minister provide how many of these resulted in the issuance of an infringement notice? (3) In reference to (2), can the Minister provide a breakdown of the drivers who received an infringement notice into the following age brackets: (a) 17 to 24 years old; (b) 25 to 34 years old; (c) 35 to 44 years old; (d) 45 to 54 years old; and (e) 55 years and over? [ASSEMBLY - Tuesday, 10 June 2008] 3677

Mr J.C. KOBELKE replied: (1) Since the first use of the roadside drug screening on 19 October, 2007, the Booze and Drug Bus has undertaken 4505 roadside screenings up until the 30 April, 2008. (2) Infringements are not issued as a result of a roadside drug screening. If a roadside drug screening indicates the possible presence of drugs in a driver's system, a sample is taken and sent to the Chemistry Centre of WA for analysis. If the analysis indicates that the result is positive for the presence of testable drugs, the offender is issued with a summons to appear at court (i.e. they are charged). Of the 4505 roadside drug screenings undertaken up until 30 April, 2008 a total of 212 requests for analysis have been submitted. Of these 212 tests, 166 have resulted in charges being proffered, with 24 tests still pending a return of analysis results. (3) The breakdown of drivers who have been given a roadside drug screening, and subsequently provided a sample for analysis that returned a positive result for the presence of illegal drugs, and have been charged as a result, is as follows: Age Range Total (a) 17-24 45 (b) 25-34 66 (c) 35-44 39 (d) 45-54 14 (e) 55+ 2 Note that the above figures do not include those drivers whose test results are still pending the return of analysis results. P-PLATERS — STATISTICS 3371. Mr J.E. McGrath to the Minister for Police and Emergency Services (1) How many P-Platers were killed on Western Australian roads in 2007? (2) How many P-Platers lost their licences in 2007? (3) What were the top five reasons for loss of licences among P-Platers in 2007? (4) How many P-Platers were charged under the anti-hoon laws in 2007? Mr J.C. KOBELKE replied: P-plate drivers cannot be distinguished from other drivers in the data. (1) There were 48 fatalities in 2007 of people aged 17-24 years. (2) Please refer to the Department of Planning and Infrastructure. (3) Please refer to Department of Planning and Infrastructure and Department of the Attorney General. (4) There were 666 people between the ages of 17 and 24 charged under the anti-hoon laws in 2007. Notes:- (1) Fatal crash and fatality statistics are preliminary pending the completion of all coronial enquiries. GOVERNMENT FLEET — SINGLE VEHICLE CRASHES — STATISTICS 3373. Mr J.E. McGrath to the Minister for Police and Emergency Services I ask the Minister: (a) How may single vehicle crashes were there for the period 1975-2007; and (b) Can the Minister breakdown the information provided for the previous question into a year-by- year basis? Mr J.C. KOBELKE replied: [See table paper 3935] 3678 [ASSEMBLY - Tuesday, 10 June 2008]

GOVERNMENT FLEET — FOUR-WHEEL DRIVE VEHICLES — ACCIDENT STATISTICS 3374. Mr T.R. Buswell to the Treasurer (1) Of the nine passenger four-wheel drive vehicles in the Government fleet allocated to the Department of Education and Training that were written off between March 15, 2006, and February 15, 2008: (a) how many accidents occurred in the metropolitan area and what where the locations of each accident; (b) how many accidents occurred in rural and regional areas and what where the locations of each accident; (2) Of the eight passenger four-wheel drive vehicles in the Government fleet allocated to the Department of Environment and Conservation that were written off between March 15, 2006, and February 15, 2008: (a) how many accidents occurred in the metropolitan area and what where the locations of each accident; and (b) how many accidents occurred in rural and regional areas and what where the locations of each accident? Mr E.S. RIPPER replied: (1) (a) None. (b) All nine accidents occurred in rural and regional areas, in the following locations: Great Central Highway, Kalgoorlie; Gascoyne Station Road, Meekatharra; (Great Northern Highway, Fitzroy Crossing; Lester Avenue, Geraldton; Ned's Corner Road, Cascade; Sandy track, Kalgoorlie; Great Central Road (desert); Great Eastern Highway, Warburton; and Great Northern Highway, Karratha. (2) (a) One accident occurred in the metropolitan area, at the corner of Hayman Road and Thelma Street in Kensington. (b) The remaining seven accidents occurred in rural and regional areas, in the following locations: Trans Access Road, Kalgoorlie; Brand Highway, Greenough; Pingaring-Varley Road, Lake Grace; North West Coastal Highway, Carnarvon; Murat Road, Exmouth; Coronation Road, Manjimup; and Great Southern Highway, Wagin. TEACHERS — RECRUITMENT CAMPAIGN — INTERSTATE AND OVERSEAS 3376. Mr T.R. Buswell to the Minister for Education and Training In each education district: (a) how many local teachers are included on a register to provide relief at short notice; (b) of those highlighted in (a), how many of those teachers have been registered as a direct result of interstate and overseas recruitment campaigns; and (c) of those highlighted in (b), how many have been employed in the classroom? Mr M. McGOWAN replied: (a)-(c) Individual schools maintain records of teachers available to provide relief at short notice. There is no central register maintained by the Department's head office. [ASSEMBLY - Tuesday, 10 June 2008] 3679

It should be noted that interstate and overseas recruitment campaigns are for full time, permanent teachers. CARING FOR OUR COUNTRY PROGRAM — FUNDING 3378. Mr J.H.D. Day to the Parliamentary Secretary representing the Minister for Agriculture and Food With reference to the State’s financial contribution to the Australian government’s “Caring for Our Country” program (previously known as the “Natural Heritage Trust” program) I ask: (a) how much has been provided for 2007 — 2008; (b) how much will be provided for 2008 — 2009; (c) is the Minister aware of community concern about a possible reduction in State funding available for community based land care groups in 2008 — 2009; and (d) will there be a reduction in such funding by the State in 2008 — 2009, and if so, how much and why? Mr WATSON replied: (a) As the Caring for our Country program commences 1 July 2008 no funding has been allocated for 2007/08. (b) As stated in the budget papers the amount provided in 2008 — 2009 is $21 million — $15 million plus $6 million carry-over from the National Action Plan for Salinity and Water Quality. (c) Any concerns are unwarranted. In addition to the $21 million provided in the State budget for 2008/09, the Commonwealth has guaranteed the regions $29.4 million. This is in addition to an estimated $48 million of allocated, but unspent, funds from the previous programs. These funds will enable substantial project activity in the regions. (d) The State is providing $21 million of funding in 2008 — 2009 compared to an average of $22.5 million per year for the seven year period of the previous program, the National Action Plan. However, as outlined in answer to question (c), with carry-over funds which includes a State component, the State's contribution will be the highest ever. From 2009/10, the State has budgeted for $26 million per year for the remaining four years of the Caring for our Country program. This represents an increase of $3.5 million per year from the State.

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