Legislative Council

Wednesday, 17 June 2009

THE PRESIDENT (Hon Barry House) took the chair at 4.00 pm, and read prayers. ESTIMATES COMMITTEE HEARINGS — LEGISLATIVE COUNCIL CHAMBER Statements by President THE PRESIDENT (Hon Barry House): I have a couple of brief statements. Firstly, as the estimates hearings are being held in this chamber tomorrow, I request that members ensure that their desks are clear at the close of business tonight. SMOKING BAN — PARLIAMENT HOUSE Statement by President THE PRESIDENT (Hon Barry House): Secondly, the Speaker and I have now had an opportunity to discuss the issue of smoking within Parliament House, and we have agreed to implement a total ban with immediate effect. This prohibition applies to members, staff and visitors while in Parliament House and within 10 metres of any entrance. METROPOLITAN REGION SCHEME AMENDMENT 1153/41 Statement by Leader of the House HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [4.02 pm]: I would like to make a statement on behalf of the Minister for Child Protection representing the Minister for Planning. I present today for tabling metropolitan region scheme amendment 1153/41, which will facilitate the residential development of approximately 127 hectares of land in Caversham. The Department of Planning and Infrastructure and the City of Swan have been working in partnership to coordinate and achieve subregional planning for the Swan urban growth corridor. This amendment consolidates rather than extends the urban zone in this north east corridor, and a number of investigations have been undertaken in support of the amendment. It is proposed that development of the site will follow new urbanism principles of walkability and sustainability. The developer has also been mindful of the importance of the surrounding Swan Valley and its historic uses. It is estimated that approximately 1 800 residential lots will be created by this development, substantially contributing to the supply of residential lots in the north east corridor. The Environmental Protection Authority supports the zoning of the land. The completion of the MRS amendment process will enable implementation of the Caversham local structure plan. The local structure plan incorporates a dynamic mix of housing densities, including a significant area dedicated to a future aged persons housing complex. The average density of R25 exceeds that of other adjoining areas in accordance with the Liveable Neighbourhoods policy. Careful consideration has been given to co- locating areas of higher density with areas of outstanding amenity, including public open space systems, neighbourhood centres and natural conservation areas. The range of housing densities will encourage considerable variety of housing form in the Swan urban growth corridor and will set a benchmark for urban planning in the metropolitan area. This amendment was advertised for three months in 2008. Twenty-two submissions were received that contained 10 general comments, seven comments of objection and five comments of support. I am now pleased to table the documentation for metropolitan region scheme amendment 1153/41 and I commend it to the house. [See papers 880 and 881.] Consideration of the statement made an order of the day for the next sitting, on motion by Hon Ed Dermer. METROPOLITAN REGION SCHEME AMENDMENT 1159/41 Statement by Leader of the House HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [4.06 pm]: I have a further statement to make on behalf of the Minister for Child Protection representing the Minister for Planning. I present today for tabling metropolitan region scheme amendment 1159/41, which will facilitate the development of an inner-city transit oriented development. The amendment will facilitate the redevelopment of approximately 73 hectares of land currently containing racing facilities. It will also provide for medium and high-density housing, mixed-use facilities, public foreshore access to the site, and minor rationalisation of the Graham Farmer freeway reserve.

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The site is in a unique location. It is located at the northern end of the Burswood Peninsula and is in close proximity to Burswood Park public golf course and Burswood Entertainment Complex. The land is also in close proximity to the central business district, with good access to major transport routes, and has extensive frontage to the Swan River. Currently, the foreshore reserve surrounding the site is privately owned and is partially restricted to the public. The amendment will facilitate the ceding of the foreshore reserve and public access. The historic Belmont Racecourse and associated facilities are to remain and are proposed to be upgraded. The Western Australian Turf Club has worked closely with the Department of Environment and Conservation and the Swan River Trust to identify any potential issues associated with the historic use of the site and surrounding foreshore reserve. The Turf Club has committed to preparing a number of management plans such as a nutrient and irrigation management plan for the racecourse, a foreshore management plan and an urban water management plan for residential areas. A detailed site assessment of acid sulphate soils will also be conducted prior to subdivision and a responsive management plan will be prepared accordingly. The Turf Club has also prepared an indicative development plan for the Belmont Racecourse site and surrounding land. The plan proposes to contribute to the transformation of the northern portion of the Burswood Peninsula into a major tourist, recreation, entertainment and high-density residential activity centre. The plan proposes to complement the Burswood Resort Casino and recent developments including the Peninsula Project, the Burswood Station precinct development review and The Springs redevelopment. In accordance with the statutory provisions for region scheme amendments, this amendment was advertised for three months in 2009. Seventeen submissions were received that contained 12 general comments, three comments of objection and three comments of support. Copies of the submissions and the Western Australian Planning Commission’s report on submissions are also tabled today. I am pleased to now table the documentation for metropolitan region scheme amendment 1159/41 and I commend it to the house. [See papers 882 and 883.] Consideration of the statement made an order of the day for the next sitting, on motion by Hon Ed Dermer. PAPERS TABLED Papers were tabled and ordered to lie upon the table of the house. GENETICALLY MODIFIED CROPS FREE AREAS EXEMPTION ORDER (NO 3) 2009 — DISALLOWANCE Notice of Motion Hon Lynn MacLaren gave notice that at the next sitting of the house she would move — That the Genetically Modified Crops Free Areas Exemption Order (No 3) 2009, published in the Government Gazette on 22 May 2009 and tabled in the Legislative Council on 2 June 2009 under the Genetically Modified Crops Free Areas Act 2003, be and is hereby disallowed. HIGH-LEVEL NURSING HOME CARE — COMMONWEALTH FUNDING Notice of Motion Hon Helen Morton (Parliamentary Secretary) gave notice that at the next sitting of the house she would move — That this house expresses its concern about the impact on families and access to acute hospital beds in WA of the federal government’s inadequate capital and recurrent funding arrangements for high-level nursing home care. WATER CATCHMENTS — SOUTH WEST RECOVERY PROGRAM Amendment to Motion Resumed from 4 June on the following motion moved by Hon Giz Watson — That in the light of the declining rainfall and catastrophic decline in surface water inflow to our dams and the impact of salinity on our south west water catchments, this house calls on the government to implement as a matter of priority a comprehensive upper catchment recovery program based on farm forestry that aims to restore water and salt balance in the six key water catchments in the region. to which the following amendment was moved by Hon Helen Morton — Line 1 — To delete the word “catastrophic”; Line 2 — To delete the words “calls on” and insert “notes” after “house”; Line 2 — To insert the word “initiatives” after “government”; and Line 4 — To insert the words “and other initiatives” after “forestry”.

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HON SALLY TALBOT (South West) [4.11 pm]: When I had to wind up last week because of the expiry of the time allotted to this debate I was expounding somewhat fulsomely on the achievements of the Gallop and Carpenter Labor governments in this area. I was very pleased to have been afforded the opportunity to speak at some length on that matter and on this excellent motion moved by Hon Giz Watson. One of the reasons I was happy to take the allotted time was that both the Greens (WA) and the Labor Party are very interested to hear the view of the National Party on this motion. I remind members present in the chamber at the moment that, should they feel able to contribute, we await their comments with some interest. I said that I would talk about the “State Water Plan 2007” introduced by the Carpenter government and the minister at that time, Hon John Kobelke. Before I do so, I refer to a very significant program undertaken by the Labor government that met with considerable success and was hailed as a national first in recovering waterways from salinity. Hon Giz Watson and Hon Helen Morton referred to five catchment areas that came in for some attention at the beginning of this century—the Collie, Denmark, Kent, Warren and Helena catchments. I understand that the Helena River at that time was still fresh at the dam site, and it would be interesting to hear an update on that situation. The Kent and Warren Rivers were both subject to programs that slowed and stabilised the rising rate of salinity, which was an achievement well worth noting. However, the real success story was in Denmark. I will quote at some length from a document entitled “Denmark River — Salinity Situation Statement” put out by the then Department of Environment in March 2004. Under the heading “Salinity trends”, the document states — The Denmark River is a water source for Denmark with potential to become a major new water supply to the developing Denmark-Albany area. The current annual yield is 400 000 kL (0.4 GL) but might increase to 20 GL from a new damsite. More than 40% of the upper catchment was cleared by the 1970s. Since then, river water has been mostly too saline be for public water supply. The Quickup Dam was constructed as an alternative water supply in 1990. Without intervention the average annual salinity was calculated to peak at around 1400 mg/L TDS at the Kompup gauging station and 700 mg/L at the Mt Lindesay gauging station. Government, community and industry actions together have resulted in a measurable reduction in stream salinity — a rarity in a major river system. This is the first major catchment in Australia where a downward trend in salinity is being observed in response to direct intervention through on-ground works — primarily revegetation. The document goes on to state that if the objective to recover a major river from salinity was met, it would be a national first. There are subsequent references to the desalinisation of the Denmark River in the state of the environment reports in 2006 and 2007. Both reports talk about reversing salinity levels in the Collie and Denmark Rivers and note that it is a national first. That is a very worthwhile achievement, and I am happy to see Hon Giz Watson nodding in agreement with me. I want to draw the attention of members to the point at which I finished last week, which was to talk about the priority actions identified in the “State Water Plan 2007”. There were seven of them, and I will quickly run through them — 1 Use and recycle water wisely 2 Plan and manage water resources sustainably 3 Invest in science, innovation and education 4 Protect ecosystems, water quality and resources 5 Enhance the security of water for the environment and use 6 Develop water resources for a vibrant economy 7 Deliver services for strong and healthy communities Of those, number 4 is of particular relevance to this motion. We find in the notes on that point specific mention of exactly the issues that Hon Giz Watson touches on. This section is divided up into water in the environment, ecological conservation, protection and restoration, catchment management, aquatic ecosystems, energy use, and water and the environment. I urge honourable members on both sides of this chamber to have a look at that action plan. It sets the bar very high, and we will be holding the government accountable for scaling that bar. On that note, I will sit down, because I know that several other members wish to participate in this debate, and I have said more than enough. However, I commend the motion moved by Hon Giz Watson. I acknowledge the role of Hon Paul Llewellyn in educating this house and leaving us with the legacy of this motion, which Hon Giz Watson has adopted since his departure. I assume that Hon Giz Watson will not support the amendment moved by Hon Helen Morton.

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HON MATT BENSON-LIDHOLM (Agricultural) [4.10 pm]: I rise to speak, albeit briefly, about the substantive motion. I certainly acknowledge the work that Hon Giz Watson has put into this motion, and I also take on board the comments that Hon Sally Talbot has made. If I can say so, last night in his inaugural speech, Hon Philip Gardiner made some very pertinent remarks about climate change and the environment. In an agricultural context, bearing in mind the location of a lot of the catchment areas about which we are talking, I thought that those comments were particularly relevant to the debate we are having today. I want to speak on the original motion moved by Hon Giz Watson. As Hon Helen Morton indicated in her address, albeit a week ago, these are the sorts of issues that perhaps 30, 40 or 50 years ago people living in the south west of Western Australia in particular—certainly where my family comes from on the banks of the Frankland River at Nornalup—did not really take too much notice of. I can certainly empathise with Hon Helen Morton’s comments about getting out with a couple of bulldozers and a big chain and knocking over beautiful jarrah trees. I can recall my father telling me about felling timber, the likes of which we do not see any more, on properties anywhere between Mt Barker and Rocky Gully 50 or 60 years ago. All that the people did afterwards, of course, was put them into great big piles, strike a match, and that was it. These days money would not buy that sort of timber. The issues stemming from those practices, as we all well know, have caused significant damage to the various ecosystems that this motion specifically addresses. For me, it certainly is an issue of quite some importance to our capacity to restore natural environments to something like what they may well have been. Hon Sally Talbot talked about the Denmark River success. I will certainly talk about the Denmark River in a while. However, that is a classic example of how we can engage in some form of agroforestry, some form of tree farming, to augment a farming business, and at the same time do significant good things to the environment about which we are talking. Certainly, by doing that, we are addressing this motion, and we are talking about improvement in water quality and quantity that may well flow into our dams. I might add, though, that I do not necessarily want to focus exclusively in my speech on the six critical areas or river systems that Hon Giz Watson addresses in the motion. We have been talking about sustainability. In response to Hon Simon O’Brien’s jibes about googling, I must confess to googling at length and coming up with the Greens’ statement on regional sustainability. If I could be an apologist for the Greens at this stage, I suggest that all members look at that statement, because if they agree with the general thrust of the need to improve water quality and quantity in terms of run-off, they will find that some of the material that is presented in that statement makes for excellent reading. Therefore, I commend the Greens. I also want to put on record the Gallop and Carpenter governments’ commitment to the environment in this sense—certainly down on the south coast. As some members would realise, prior to 22 May this year I was a member for the South West Region. I still live in the south west, as is also known, and my commitment to and passion for that area will always be there, I suppose as it is the place that my family comes from. I want to talk in the broader sense about the idea of sustainability. I think members must understand—I am sure they do—that the notion of sustainability, in its broader sense, refers to things such as economic sustainability. In this day and age of market economics, economic sustainability is an important concept. When we are talking about economic sustainability, yes, we are talking about employment, or unemployment; we are talking about wealth creation; and we are talking about the provision of food. Certainly, in these areas, the movement towards food of zero or low contamination is something that people in those communities are very focused on. We are talking about the need to view energy as an economic sustainability issue also, as we do for a number of other economic variables that we might want to talk about. There is also the notion of social sustainability. There is a community-ness and there is a oneness. There is an opportunity for wealth sharing in small communities. As we find in any of the three non-metropolitan regions where there are small communities, their sustainability is built upon a number of factors, but social sustainability is also a very important component of that sustainability. I suppose, though, in terms of the motion that we are dealing with, it is fairly obvious that we are also talking about environmental sustainability. I can remember my grandfather saying to my father that the most significant crop that ever came out of the south coast was the one that grew there naturally. To the day he died, my father agreed with that. Although the President is motioning something to me, it is the karri, jarrah, tingle and associated crop that I am talking about, Mr President; I am sure the President is as well. Therefore, I do not think we need to go any further on that. The notion of environmental sustainability refers to, fairly obviously, things such as biodiversity. If we asked any schoolkid about the environment and about ecosystems, we would find that these days one of the buzzwords is “biodiversity”. These kids are used to reading newspapers and watching television programs. They are used to looking at their laptops and finding stories about introduced pests such as cane toads and the like. The notion of biodiversity should be something that we embrace wholeheartedly, because this continent of ours, and, indeed, the south west of Western Australia, is a most unique place. I cannot quote the figures, but about a week or so ago I was watching a TV program about Ningaloo and the uniqueness of the marine species that exist in that particular marine national park. The percentage of species there that are not found anywhere else in the world is nothing short of staggering. Apart from the sheer percentage, of course,

5106 [COUNCIL - Wednesday, 17 June 2009] is the number. We need to maintain this uniqueness. Certainly, by supporting this motion, I believe we will be doing just that. It is also important to bear in mind that we are part of a unique global ecosystem. Australia, and, indeed, the south west of Western Australia, plays its role in helping to maintain our part of the global ecosystem. I think the point must be made that if we do not address these issues or if we do not continue to monitor what we are doing, and if we do not look at our footprint on the landscape, significant issues will stem from that. I believe that all of us fully understand the issues that I am going to talk about. Certainly, in the motion, the issue of salinity is mentioned. I am not necessarily talking about just the inlets, the river mouths and so on, because the motion itself addresses catchment areas. If members are not au fait with these particular areas, I suggest that they have a look at them on a map and they will see that they are situated significantly inland. There is the capacity for some form of farm forestry or agroforestry in these areas. The federal government’s programs associated with building up soil carbon content are the sorts of programs that members of Parliament should consider. We have a duty of care to the environment of the entire Western Australian landscape, particularly the south west of Western Australia. We must ensure that the generations that succeed us have an environment that is perhaps better than the environment we inherited. Salinity is a big issue. Obviously, another issue associated with environmental sustainability is the idea of climate change. It is something that also stems logically from what we are talking about. There is a well-founded theory that the more land that is cleared results in the lack of capacity for environments to attract rain. By the same token, some people are sceptical about climate change and global warming, but I am still a firm believer. Hon Simon O’Brien may well be a sceptic. If members go into the agricultural areas, they might find, as I did, that in some instances rainfall exceeds the average from year to year. It is not a matter of how and when rainfall exceeds previous years’ averages or whatever, but I can tell members that one of the big issues associated with climate change is when the rain occurs. I am not an expert in this issue, but I am interested in it and I put the problem down to climate change. Many other issues are associated with environmental sustainability; for example, ocean temperatures, the role of migratory birds and, in the east, the issues associated with the Murray-Darling system and the Koorong. If members have the chance to either fly over or drive through that part of the world, they will see the obvious problems that the lack of environmental sustainability is causing in places such as South Australia. I alluded earlier to some information that I found on the web. I suggested that perhaps it would not be a bad idea for members to look at the Greens (WA) sustainable region policy. I will make a couple of points about the Greens’ goals and initiatives because I understand them to be the initiatives that Hon Giz Watson is focusing on in her motion. One of those initiatives under the banner of “Water Catchments” states — Replant the six critical South West water catchments — Collie Warren, Tone, Denmark Hay, Donnelly. If I read Hon Giz Watson’s motion correctly, that is the very nature of the motion before the house. I will not read the rest of the goals and initiatives, suffice to say that the Greens see the need to establish and implement community-based farm forestry programs. Therein lies the idea that I consider to be an integral part of the whole sustainability issue; that is, social or community sustainability. The minute that people work together to come up with a community-based solution to the problems, they will get a handle on things and there will be some sort of success. It will not happen overnight. Some of the programs that were put in place by the Gallop and Carpenter governments for some of the systems in the south west are testament to the success of people working together. I will not continue to quote from the Greens’ document on sustainable regions, but I draw the attention of members to that document. The motion before the house needs teasing out to a certain extent. I do not necessarily agree with it inasmuch as I believe it could be broader. That might be asking a bit too much at this stage. The motion states — That in the light of the declining rainfall … Hon Sally Talbot referred to some of the rainfall statistics. If I go back to my days at high school and university I studied a bit of geography. From my recollection of isohyet maps, as a kid it felt as though we had 1 200 millimetres of rain per annum. Certainly, when I was anywhere near Denmark and Walpole it never appeared to stop raining. I can assure members that that is not the case today. Rainfall in certain areas in the south west and along the south coast may have fallen by as much as a third, if not more. There has been a significant decline in rainfall and, as a result, there has been a catastrophic decline in surface water inflow into our dams. As part of the Standing Committee on Public Administration in the previous Parliament, I, together with Hon Ed Dermer, had the privilege of being addressed by the Water Corporation or Department of Water at Woodman Point. Hon Ed Dermer: I think it was the Water Corporation.

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Hon MATT BENSON-LIDHOLM: We certainly went through its program of reafforestation of parts of the Swan-Avon system. It was pointed out to us in no uncertain terms that the idea of replanting many of the hillsides was not to prevent salinity, but to aid in the inflow into Mundaring Weir. According to the Water Corporation, inflow is certainly affected by significant increases in the planting of trees, agroforestry and the like. The motion also states — … and the impact of salinity on south west catchments … I have a heap of figures on this, but I do not intend reading them out. However, I know that in the Denmark River system and other river systems the total dissolved salts, expressed, I believe—I ask Hon Giz Watson to correct me if I am wrong—in milligrams per litre, was well in excess of 1 000 parts per million 30-odd years ago. The best example, which has already been given by Hon Sally Talbot, is that the Denmark River is a shining example of how that figure can be turned around. As a consequence of that, the physical environment and the capacity of the land to produce the sorts of sustainable goods and services that we have seen over the years since pre-World War II are returning to their previous levels, although it has taken 30 years. It is proof of the benefits of going down the pathway of developing ecologically sustainable programs in these areas. The motion goes on to suggest that a comprehensive upper catchment recovery program be implemented, and that is obvious inasmuch as the problems associated with the salinity levels come from the fact that Western Australia is a very old landscape. Members know that if vegetation is removed from catchment areas, the salt levels rise to the surface and become part of the river and estuarine systems on the south and lower west coasts. As a consequence of that, we have degraded areas, both upstream and downstream, and, of course, we end up with problems such as those that exist with Wellington Dam. I understand that the government is attempting to rectify that situation but we obviously need to do more. If we can engage in some sort of meaningful agroforestry-style industry, we will perhaps go some way towards doing the sorts of things that we have managed to achieve on a smaller scale in places such as Denmark. This recovery program based on farm forestry aims to restore water and salt balance in the six key water catchments in the region. As I indicated earlier, and as I am sure everyone would agree, that is certainly something that we need to take on board. The Collie, Warren, Tone, Denmark, Hay and Donnelly river areas are very significant in terms of their water holding and storage capacity. I believe that we need to go significantly further. I wish to talk briefly about agroforestry because I have looked at agroforestry in some of the work that I have done on possible solutions to the Ravensthorpe situation over the past nine to 12 months. I believe that in many respects significant further investment in agroforestry is one way that we may address the problems mentioned by Hon Giz Watson. Agroforestry produces a range of products and sustainable outcomes, engineered strand lumber being one, and also energy, eucalyptus oil, food, fodder, erosion control—these are all ecosystem services—salinity reduction and waterlogging reduction. There is also the use of high-quality timber coming out of some of these areas. Generally speaking, the value adding that agroforestry or farm forestry provides ultimately gives us jobs. There is our economic sustainability. We have jobs for people, and jobs in the regions bring communities together. There is our social sustainability. Sustainable communities are enhanced by a greater commitment by governments to agroforestry. Having said that, there is significantly more to be done. If not, we will have more problems. I now want to quote from an information sheet put out by Tree Plantations Australia entitled “Tree Plantations— One Solution to Salinity”. It sums up the need to acknowledge and accept this motion that we are debating. It states — Eucalypt plantations can improve water quality by reducing the amount of salt being leached from catchment soils. New research within the Denmark River catchment, of southwest Western Australia, has shown that replacing traditional agriculture with tree plantations — I dare say that we would not want to be talking to too many managed investment scheme investors at this stage — can result in an improvement in water quality due to a reduction in river salinity. The Denmark River provides water for the town of Denmark in Western Australia. Past clearing of trees in the Denmark River catchment has resulted in a rise in dryland salinity, leading to an increase in river salinity levels and a decline in the quality of the water the river provides to the town of Denmark. Tree clearing in the upper Denmark River Catchment began in the 1870’s. By 1978, 34% of the catchment had been cleared. The clearing was variable across the catchment with 61% of the Yate Flat subcatchment cleared. …

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Salinity monitoring commenced in the area in 1954. By 1987, the salinity levels in the Denmark River were six times greater then in 1955. That is a staggering figure. The information sheet continues — In 1990, areas suitable for plantation establishment were identified and the establishment of eucalypt plantations commenced in 1991. By 2002 the area of cleared land in the upper Denmark River catchment had been reduced by 50%. … Prior to plantation establishment annual stream salinity was increasing — This is a very significant figure — at the rate of 17 mg/L/yr. Annual stream salinity is now decreasing at the rate of 8 mg/L/yr. Hon Helen Morton: Do you think that’s good progress? Hon MATT BENSON-LIDHOLM: I think it is. It is probably better than anywhere else. That is why this particular quote is provided. I dare say that in some areas it may be worse. Here is a community-based program that has been funded by governments of all persuasions. I am not necessarily chest-beating for the Gallop and Carpenter governments because it started well before then. This is an example of how this works. Hon Helen Morton: My point about the amendment is that that notes those sorts of programs. Hon MATT BENSON-LIDHOLM: I am talking to the substantive motion. If time permits, maybe later I will have a comment about the amendments. The point has to be made that these are significant improvements. The information sheet continues — The establishment of Eucalypt plantations has been recognised as a feasible management option for reducing the salt concentration or load in the Denmark River catchment. There are significant improvements there because of the attempts to address those sorts of problems, albeit on a micro-level. The Denmark River, if anyone bothers going upstream, is nothing like the Frankland a little further to the west but it is very significant in terms of local ecosystems and the provision of fresh water for people in that part of the world. I will also quote from a Forest Products Commission document entitled “Tree Farming and Industry Development Plan” dated July 2006. This document refers to the threat from salinity and waterlogging. In relation to the south west, where these critical catchment areas are, it suggests — The region’s agricultural economy is at significant risk from salinity and rising water tables. I do not think anyone here would dispute that. It goes on to state — … there is an opportunity for recovery over a large proportion of the core target area — That is what Hon Giz Watson has been talking about — by extensive planting of trees integrated with other measures such as perennial pastures and drainage. It goes on to state — … the soils of the core target area are suitable for widespread planting of commercially grown eucalypts. From my trips to the Ravensthorpe-Hopetoun area, it is certainly applicable there as well. As we are talking about the south west, perhaps I should keep my comments to the south west. Eucalypts are literally grown over all parts of the south west of Western Australia. It continues — With a cleared area of 1.4 million hectares, over 200 000 ha of land is highly suitable for growing eucalypts. It is fairly obvious that that is an issue. It goes on to state — Integrating trees with farming in the headwaters of the key catchments of Collie, Warren/Tone and Kent — I did not mention Kent before — can limit dryland salinity and waterlogging as well as reduce stream salinity levels. Reducing the export of nutrients and salinity from the middle Kalgan catchment will have a beneficial impact on Oyster Harbour. Finally, the document states —

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Strategic integration of trees onto farms can substantially recover or contain land salinity and waterlogging over large areas of farmland that are in the Blackwood, Murray and Frankland catchments. Henceforth, I suggest to Hon Giz Watson that the motion could be even broader because the benefits to be had across the length and breadth of Western Australia are most significant. I will continue with the salinity issue, given that it is a key component of this motion. The total dissolved salt levels in our water systems have increased dramatically since Europeans arrived in this part of the world, especially in Western Australia’s south west. I suggest that the very economic, social and environmental sustainability of the entire south west, and not only those particular six mentioned river catchment systems, is under great threat. I have also mentioned the associated issues of biodiversity, biosecurity and ecosystems. My contention is that these issues have been addressed to a certain extent, and are being addressed now, but it is incumbent upon all governments to step in and do significantly more to protect our previously pristine waterways, and certainly to maintain the ones that are in a relatively pristine condition. An even more detailed and meaningful plan of action is required. Perhaps I can move down the pathway of even greater controls on land clearing. I have watched television news footage over the past 10 to 15 years of land clearing in places like Queensland. I know there seems to be a short- term economic imperative that we clear more land and devote that to extensive pastoralism; however, if we go down that pathway in 2009 and beyond, we are sowing the seeds of our destruction. As time goes by, we will see more focus on a reduction in land clearing across the south west of Western Australia. I recall an incident only three or four years ago when a farmer—I cannot quite recall the locality, but it may have been in the Woogenellup area, north east of here—was prosecuted for breaking a few branches off a tree that hung over a track. I know that Hon Max Trenorden is yet to give his inaugural speech, but he is nodding in agreement. If we get to that stage, we may well have lost the plot. In relation to governments promoting the sort of thing that this motion is all about, we need to see over the forthcoming years—certainly in this thirty-eighth Parliament—a move towards improving that situation. The establishment of a more intensive and focussed farm forestry program is essential. I know of a project of this type on the south coast. It has not come to fruition yet, but the sorts of benefits that products like engineered strand lumber provide for us are quite amazing. The proponents of this product went through with me the benefits to the Albany area that would come from this plant, which has not yet gone ahead. This particular product has enormous advantages in terms of its uses not only as a structural timber, but also for certain forms of furniture and a range of other uses. They are the sort of things that we can talk about. Even fine furniture making, not so much in relation to engineered strand lumber but plantation timber or agroforestry, will provide these sorts of benefits. I also believe we should again look at the areas around Ravensthorpe, Hopetoun and those sorts of localities. Just by planting rows and rows of trees up and down paddocks, as people do, will reduce erosion and the capacity to add soil carbon to properties. Those are the sorts of things that, in due course, will enhance significantly productivity levels on these properties. This more intensive and focussed farm forestry program that Hon Giz Watson talks about is essential in terms of its capacity to maintain or to continue sustainability of the entire south west of Western Australia. It is imperative that these particular critical catchments are maintained. As I said, though, why on earth would we want to stop at six when we can look at areas such as the Frankland area? If members get a chance to go there, the Frankland catchment area starts 300-350 kilometres north-north-east of the mouth of the Frankland down at Walpole-Nornalup. If members consider the capacity of that area to deliver positive outcomes, not just for the farming community in the upper reaches but in the main catchment areas inland, all the way down to the mouth, it is quite significant. Utilising the capacity in those catchment areas would significantly enhance the sustainability of those areas. I have one concluding comment before question time, Mr President. I refer to a Department of Water document titled “Looking after all of our water needs”. I have not spoken much about the Collie River area, even though it is in my previous electorate. I have spent a little bit of time travelling through that area over the years. Taking note of the issues associated with the Wellington Dam, I think that all members would understand that dam is an untapped resource of enormous potential, with obviously a significant salt problem. Maybe Hon Giz Watson can give me the total dissolved salt figure for Wellington Dam. The water is certainly not potable. We have the capacity, perhaps, to do some work there. Hon Giz Watson: It’s about 1 500 parts per million. Hon MATT BENSON-LIDHOLM: I dare say that sits alongside some of the highest figures in Australia. If I am not mistaken, the figures for some of our south coastal rivers and inlets stand at around 500 or 600

5110 [COUNCIL - Wednesday, 17 June 2009] milligrams per litre of dissolved salts. I am not super sure, but I recall those figures being mentioned. When one puts 1 500-plus alongside that, one can see why that represents a massive problem. I am sure that the agroforestry industry, which we have been talking about, will assist that. I return to this Department of Water document about the Collie River. The document, which was published in 2001, states that the Collie River catchment is one of five catchments identified as water resources recovery catchments in Western Australia’s state salinity strategy. The report states that the “salinity situation statement: Collie River” was published in 2001. It goes on to say that the report presents comprehensive information on the salinity situation for the Collie River catchment and includes an outline of the causes and processes of salinity and analyses trends in stream-flow salinity in groundwater levels. It states that the effects of salinity on various reforestation, perennial pasture and engineering options are modelled to estimate the extent of treatment needed to reduce the average salinity inflow to the Wellington reservoir to 500 milligrams per litre by 2015. That is a lofty ideal. Obviously, if that can be done on a micro scale somewhere like Denmark, there is the capacity to do something similar on a more macro scale. The Department of Water goes on to say — This information will help the Collie recovery team formulate effective land management plans to achieve this target. Located in the South-West of Western Australia, the Collie River catchment covers almost 3,000 square kilometres and includes the Wellington Reservoir, which is a potentially valuable water supply for the State’s growing population. The flow weighted mean salinity of the total inflow to the reservoir in 1995 was 885 milligrams per litre . . . That is an example for Hon Helen Morton of how things have become worse. That is perhaps an indictment of governments post the early 1990s. Debate interrupted, pursuant to standing orders. [Continued on page 5118.] QUESTIONS WITHOUT NOTICE DEPARTMENT FOR COMMUNITIES — NON-GOVERNMENT SECTOR PAYMENTS 631. Hon SUE ELLERY to the Leader of the House representing the Treasurer: (1) As the minister responsible for the budget papers, will the Treasurer confirm the government’s decision to implement the line item “Reductions in Non-Government Sector Payments” in budget paper No 2, volume 3, on page 794? (2) Is the Department of Treasury and Finance represented in the review that is being conducted by the Department for Communities into the 203 organisations funded under that budget line item? (3) If not, what mechanism is in place for the Department of Treasury and Finance to determine if the reduction in payments will be met? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Yes. (2) No. (3) Agency funding and expense limits have been adjusted as part of the 2009-10 budget process to achieve the government’s three per cent efficiency dividend target. Agencies are required to achieve the government’s policy objectives within their approved total funding and expense limits. Any increase in these limits requires government approval. BHP BILLITON — PERSEVERANCE NICKEL MINE 632. Hon SUE ELLERY to the Minister for Mines and Petroleum: I ask this question on behalf of Hon Jon Ford. I refer the minister to the recent incident at BHP’s Perseverance nickel mine. (1) Has a resource safety inspector visited the site in the past 12 months prior to the accident? (2) If yes, how many times, when did the visits occur, and what parts of the operation were inspected? (3) Have any provisional improvement notices been issued on the site as a result of those inspections? (4) If yes to (3), what were those notices issued for, and have they been addressed?

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Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1) Yes. (2) Twenty-two times, with inspections being carried out monthly except for the months of June 2008, December 2008 and January 2009. Inspections of the underground operation included the mine winder, charge-up machines, refuge chambers, mine escape ways, underground workshop, underground magazine, fuel bay, eight-litre tip truck, 10-litre underground crusher, 10-litre ROM, 465 grizzley, 415 stockpiles, 490 SLC, 515 SLC, 540 SLC, 565 STD, A and B sumps, shaft spillage access, PDP incline, 9415 level, 9440 level, 9465 level, 9491 level, 9515 level, 9540 level and 9565 level. I will provide the member in due course with some explanation for those acronyms that are not provided with the answer. It also included inspections of surface installations, including concentrator, tailings dam, grinding circuit, filtration area, bin 55, control room and surface workshops. (3) No. Provisional improvement notices are issued only by trained, elected safety and health representatives. However, as a result of the 22 site visits by inspectors of mines, 18 improvement notices and two prohibition notices were issued by the inspectors. (4) A list of the subject matter of each notice issued by the mining inspectors is being prepared and will be provided as soon as possible. LOAN BILL 2009 — GOVERNMENT AGENCY FUNDING 633. Hon KATE DOUST to the Leader of the House representing the Treasurer: I ask this question on behalf of Hon Ken Travers, who unfortunately has had to leave the chamber on urgent parliamentary business. (1) Can the Treasurer advise which agencies have advised the Department of Treasury and Finance that they may not have enough cash to fund all their operations or asset investment programs until the end of the financial year if the Loan Bill is not passed? (2) If the Loan Bill is not passed, at what date will the government exhaust its authority to borrow? (3) What will be the consequences if the government’s authority to borrow is exhausted? (4) Can the Treasurer guarantee that no agency is using cash advanced by the commonwealth for purposes other than those specified by the commonwealth when the advance was made? Hon NORMAN MOORE replied: I thank the member for some notice of the question. (1) The Department of Treasury and Finance is currently considering options available to manage the consolidated account in the event that the Loan Bill is not passed by 30 June 2009. The agencies affected by this potential constraint are yet to be determined. (2) The existing loan authorisations were exhausted by borrowings undertaken on 10 June 2009. (3) If the Loan Bill is not passed by 30 June 2009, the government will be required to manage within the cash balance of the consolidated account—including revenues yet to be received. This is likely to require the deferral of expenditure on a range of activities. (4) It is the responsibility of the accountable authority in each agency to comply with any restriction that applies to the use of funds available to them. TERRESTRIAL CONSERVATION ESTATE 634. Hon SALLY TALBOT to the Minister for Environment: What plans does the minister have in 2009-10 to add to the state’s terrestrial conservation estate? Hon DONNA FARAGHER replied: I thank the member for her question. The government has very clear commitments with respect to both terrestrial and marine issues. This is something that will be looked at over the coming financial year. With respect to the Kimberley science and conservation strategy, in which Hon Sally Talbot has taken a bit of an interest over the past week, we are looking at what opportunities are available in the Kimberley, for example. That is one of the issues that will be raised in the public forums that Hon Chris Ellison will be facilitating. I have already identified in this house, through a ministerial statement, areas for potentially enhanced protection, or protection. That is both marine and terrestrial. I take that as a Kimberley example, but that is one of a number of areas that we are looking at.

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INDIGENOUS YOUTH LEADERSHIP 635. Hon KEN BASTON to the Minister for Youth: Can the minister provide details of an initiative launched last week to improve Indigenous youth leadership opportunities; and how many young people are expected to participate in this initiative? Hon DONNA FARAGHER replied: I thank Hon Ken Baston for his question. It is a very good question, because last week, I had the opportunity in the Aboriginal People’s Room to launch a very innovative leadership program for young Indigenous people. We all know that improving the potential of young people, in particular young Indigenous people, is critical in Western Australia and across Australia. We want to make sure that young Indigenous leaders play a big role in strengthening their communities and creating new opportunities for their future. There are, of course, a number of Indigenous programs operating across the state. The initiative to which Hon Ken Baston has correctly referred is known as One Sky, Many Paths. That initiative has seen several government agencies come together to deliver what several Indigenous communities have said that they want. As I have said, it involves a number of agencies. The lead partner is the Department for Communities’ Office for Youth, for which I am responsible. It also includes the Department of Sport and Recreation, the Department of Education and Training, the Office of Crime Prevention, the Department of Child Protection, and Healthway. The One Sky, Many Paths program will run two parallel streams—one for young Aboriginal men and one for young Aboriginal women. It will involve Challenger TAFE, and it will include a one-week residential component, followed by 10 weeks of project work in a local organisation, followed by another residential course. This will give successful participants a certificate II in leadership. I think we would all agree that that is an ideal springboard for future education and learning for these young people. In addition, the program will involve local mentors. The young people will stay in touch with Challenger TAFE and those involved in the program via modern communication tools, including, obviously, the internet. In answer to the member’s further question about how many young people will be involved, 40 young Aboriginal people aged between 16 and 24 are eligible to participate. That will be this year. The program will then be evaluated with a plan to offer it again in subsequent years. The first program is expected to start in August and the first students are expected to graduate later this year. Applicants need to be nominated and identified as having leadership potential by a member of their community, an elder, a family member or a community worker. Applications close on 17 July 2009. I think all members would agree that such an innovative program should be supported. I hope that all members in this house will encourage young people to put their name forward for such a worthwhile program. THE CLIFFE — REMOVAL FROM REGISTER OF STATE HERITAGE PLACES 636. Hon GIZ WATSON to the Leader of the House representing the Premier: I refer to the Premier’s support for the removal of The Cliffe from the Register of State Heritage Places and the recent report provided to the Shire of Peppermint Grove, as reported in the newspaper published by Post Newspapers Pty Ltd on 13 June 2009. (1) Is the Premier aware that conservation expert Mr Ian Hocking has identified “the exceptional heritage significance of The Cliffe”? (2) Is the Premier aware that Mr Hocking has estimated that the building will cost between $1 million and $1.5 million to restore? (3) On what evidence did the Premier base his claim that it would cost $2.8 million to restore the building? (4) Will the Premier table that evidence? (5) If no to (4), why not? Hon NORMAN MOORE replied: I thank the member for some notice of this question. (1)-(2) The Premier has not seen the report referred to in the Post newspaper on 13 June 2009. (3) The estimated $2.8 million restoration cost for The Cliffe was based on a report prepared by Mr Martin Colgan in March 2007. The report was prepared at the request of the State Solicitor’s Office, which represented the Heritage Council in litigation in the Supreme Court. (4)-(5) The Premier will seek the advice of the State Solicitor’s Office to establish whether it is appropriate to provide the member with a copy of the report referred to in the answer to (3).

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MS TRISH SULLIVAN — EMAIL TO MINISTER FOR TRAINING 637. Hon LJILJANNA RAVLICH to the Minister for Training: Some notice of this question was given. I refer to an email to the Minister for Training from Ms Trish Sullivan regarding electrical apprenticeships. (1) Has the minister received, read and replied to the email Ms Sullivan sent him on 2 May 2009; and, if applicable, when was a reply sent? (2) If the answer to (1) is no, has any other minister replied to Ms Sullivan; and, if not, why not? (3) How many people are unable to commence their apprenticeships, as is the case with Ms Sullivan’s son? (4) How many apprentices and trainees have been stood down in the past year? (5) Has the minister revised the target of an additional 5 219 apprentices and trainees by 2012, as shown in his slightly altered version of the draft 2008 training plan? Hon SIMON O’BRIEN replied: On behalf of the Minister for Training, I would like to thank the honourable member for some notice of the question. (1) Yes, on 5 June 2009. (2) Not applicable. (3) An apprenticeship can be provided only if an employer is willing to employ an individual as an apprentice. The state government guarantees a publicly funded training place for every apprentice and trainee in the state. (4) As at 17 June, a total of 666 apprentices either are out of contract and looking for a new employer or are suspended and intending to resume employment with their current employer. Of those, 146 were suspended due to medical reasons and 100 due to the economic downturn. (5) As documented in “Training WA: Planning for the Future 2009-2018”, the state government’s target for apprentices and trainees in training by 2012 is 42 500. It is important to remind the honourable member that the State Training Board set the framework for training, not the Labor Party. BHP BILLITON LTD AND RIO TINTO — PARTNERSHIP PROPOSAL 638. Hon MATT BENSON-LIDHOLM to the Leader of the House representing the Premier: I ask this question on behalf of Hon Jon Ford, who cannot be here today. I refer the Premier to the recently announced proposal for a partnership between BHP Billiton Ltd and Rio Tinto in their Pilbara iron ore operations. (1) When was the Premier first made aware of this proposal? (2) Can the Premier explain to the house the risks for Western Australia of this proposed partnership? Hon NORMAN MOORE replied: I thank the member for some notice of this question. The Premier cannot explain this to the house, but I will endeavour to do so on his behalf. (1) On Friday, 5 June 2009. (2) It is important to remember that a significant proportion of the worldwide assets of BHP Billiton and Rio Tinto are located in Western Australia. The planned joint venture represents a major shift in the structure of our iron industry and will be closely examined to ensure that the outcomes are in the state’s best interests. This process of examination will thoroughly consider all risks to the state. It would be premature to speculate on those risks at this time. DOLPHIN DEATHS — SWAN RIVER 639. Hon LYNN MacLAREN to the Minister for Environment: I refer to the recent articles in The West Australian of 10 and 11 June this year about the deaths of two river dolphins in the Swan River estuary. (1) Does the minister agree that there is potential for these deaths to have been caused by pollution and that river dolphins are a potential indicator of river health? (2) Will the planned post-mortem examinations therefore include tests for highly water-soluble phosphorus fertilisers?

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(3) If no to (2), why not? (4) Will the planned post-mortem examinations also include tests for herbicides that are widely sprayed on riverside foreshore and parklands by local councils, including Roundup Ready and the Bayer Australia product Chipco Spearhead, which the companies warn should not be used in locations that may contaminate streams, rivers and waterways? (5) If no to (4), why not? Hon DONNA FARAGHER replied: I thank the member for some notice of her question. (1) The results of the necropsy—apparently they are autopsies for animals; we learn something every day—are inconclusive due to the state of decomposition. The biopsy results are not available, so a cause of death has not been determined. The health of dolphins could be used as one of a range of indicators of river health. (2) No. (3) There is no direct link between phosphorus fertilisers and dolphin health. (4) No. (5) The current decomposed state of the animals will limit any conclusive results of testing. Chipco Spearhead and Roundup Ready are not considered as a likely cause of death, due to no other river health indicators that show signs of herbicide contamination. Hon Lynn MacLaren interjected. The PRESIDENT: The member will have to ask the minister another question. INFRASTRUCTURE SPEND — JOB CREATION 640. Hon ED DERMER to the Leader of the House representing the Treasurer: Some notice of this question has been given. I refer to a recent statement made by the Treasurer that the infrastructure spend will deliver 26 000 direct jobs in the 2009-10 financial year. (1) Why was the modelling that indicated that this infrastructure spend would support these jobs not included in the budget papers? (2) What is the breakdown of the jobs that have allegedly been created? (3) Will the Treasurer release the modelling that supports the claim? Hon NORMAN MOORE replied: I thank the member for some notice of the question. Providing the information in the time provided is not possible, given the nature of the question. I therefore request that the member place the question on notice. EPILEPSY ASSOCIATION WESTERN AUSTRALIA — FUNDING 641. Hon ADELE FARINA to the minister representing the Minister for Health: I refer to the advice given to Epilepsy Association Western Australia that it would not be funded for the important role it undertakes in building awareness and providing support for the 40 200 sufferers of epilepsy and their carers. (1) Did the minister advise the association on how it should revise its application for funding to make it more acceptable to the government for funding purposes? (2) Did the minister advise the association to remove any references to Indigenous health in a revised funding submission to the Department of Health? (3) Did the minister advise the association that it was part of a broader review of funding to non- government organisations, when in fact he had already agreed to provide ongoing funding to other health advocacy bodies? (4) Has the association met all the minister’s advice and requirements on funding arrangements? Hon SIMON O’BRIEN replied: (1) No. (2) No.

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(3) No. The Department of Health reviews all non-government organisation contracts as the contracts near expiration. Epilepsy Association Western Australia does not have a contract with the Department of Health. (4) The association has followed the advice regarding funding applications. Unfortunately, insufficient funds are available at this time to provide the funding requested. MIDLAND-PERTH RAIL LINE REPLACEMENT BUSES — WHEELCHAIR ACCESSIBILITY 642. Hon ALISON XAMON to the Minister for Transport: Can the minister please advise whether all Midland-Perth rail line 905 rail replacement buses that run after 7.00 pm will be wheelchair accessible? Hon SIMON O’BRIEN replied: I thank the member for some notice of this very pertinent question. Where possible, accessible buses are used, but there is no guarantee that all rail replacement buses are wheelchair accessible due to operational requirements on the rest of the Transperth system. Transperth train or bus staff will arrange maxi-taxi or multipurpose taxi services for people in wheelchairs on request. Passengers can also call customer service on 1800 800 002 to request assistance at stations. PERTH FIRE STATION — OPENING 643. Hon HELEN BULLOCK to the minister representing the Minister for Emergency Services: I refer to a statement made by the minister in December last year that the opening of the Perth Fire Station was imminent. (1) When is the Perth Fire Station scheduled to be opened? (2) What has been the cause of the delay? Hon SIMON O’BRIEN replied: On behalf of the minister representing the Minister for Emergency Services, I thank the member for some notice of this question, and provide the following answer. (1) The Minister for Emergency Services is advised by the Fire and Emergency Services Authority of Western Australia that it is anticipated that the Perth Fire Station is to be opened in August 2009. (2) Following identification of building defects, the project manager, Building Management and Works, which comes under the Department of Treasury and Finance, has been in negotiations with the builders to have these issues rectified. Negotiations have now resulted in a program to have the remedial works completed. MINE SAFETY — RESOURCING 644. Hon JOCK FERGUSON to the Minister for Mines and Petroleum: I refer to the Kenner review of the Mines Safety and Inspection Act 1994, which recently identified a significant shortfall in the number of resource safety inspectors in the sector, and to the minister’s recent speech to the BHP Billiton contractor forum, in which he stated that the government was committed to resourcing the department’s resource safety division, and that he was considering a cost-recovery model for the inspectorate. When will the department’s resource safety division be resourced adequately? Hon NORMAN MOORE replied: I thank the member for the question. The resource safety division of the Department of Mines and Petroleum used to be part of the Department of Consumer and Employment Protection. I inherited that section of that agency from the previous government, and the staffing levels I inherited were those that are in existence now. I find it quite extraordinary that the honourable member’s colleague should be attacking the current government because of lack of resourcing of that part of the mines safety inspectorate. However, following the Kenner review, but more importantly following my own understanding of the circumstances surrounding mine safety in Western Australia, we will be taking quite significant action on this matter. My intention is to ensure that that part of government has a very significant increase in its resources. The member indicated in his question that I may be considering cost recovery, and I am. In fact, a departmental review of the whole funding mechanism that might be available to the government is being undertaken and I expect to have some information from that review as early as about two weeks from now. I want to make it very clear that I have every intention that we have adequate funds to properly resource the mines safety section of the Department of Mines and Petroleum. This is long overdue.

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As a final point, there is not a lot to be gained by unions or politicians seeking to politicise the issues surrounding mine safety and, indeed, I was very perplexed to read the other day that the underground seismic event that occurred at the Perseverance mine at Leinster was somehow or other the fault of the state government. I would love to be able to make the earth move, but that is not within my capacity at this point in my life. However, I want to make it very clear to the member and to his colleague Hon Jon Ford that they will see dramatic and significant improvements to this part of government administration in the very near future. WESTERN AUSTRALIAN PLANNING COMMISSION — AGREEMENT WITH TOKYU CORPORATION 645. Hon GIZ WATSON to the minister representing the Minister for Planning: I refer to the plan to build a new city in the Yanchep-Two Rocks area, as reported in The West Australian on 3 June 2009 at page 55. (1) Is the minister concerned about the report that the Western Australian Planning Commission, as regulator of any future development, is already involved in a cooperative agreement with the Japanese development company Tokyu Corporation? (2) What other government agencies are involved in the agreement? (3) Will the minister table the agreement? (4) If no to (3), why not? Hon NORMAN MOORE replied: On behalf of the minister representing the Minister for Planning, I thank the member for some notice of this question. (1)-(2) No. The agreement referred to is the strategic cooperation agreement, signed in 1999 by Premier Richard Court on behalf of the state of Western Australia, the Western Australian Planning Commission, the Tokyu Corporation and the City of Wanneroo. The SCA was reviewed in 2005. The SCA followed on from a memorandum of understanding entered into in 1995 by the Tokyu Corporation, the WAPC and the Western Australian Land Authority with respect to the 5 000 hectares of land held by the Tokyu Corporation in the Yanchep-St Andrews area. The MOU contains a program of action necessary to facilitate long-term planning objectives for the St Andrews area. The program of action included the transfer of land free of cost by Tokyu for certain public purposes, the construction of Marmion Avenue by Tokyu and the construction by Tokyu of a link road between Wanneroo Road and Two Rocks Road. The SCA is in principle an agreement for cooperation during the feasibility stages of the proposed development of the Tokyu lands, describes joint initiatives and cooperation between all parties and foreshadows detailed arrangements that will specify arrangements relating to the implementation of feasible jointly agreed initiatives. The SCA recognises that there are considerable benefits to be gained through cooperation with a single landowner in the provision of a significant supply of urban land. The parties to the SCA agreed that the development of the land should proceed in a manner that is environmentally, socially and economically sustainable; recognises best practice in urban design; accords with relevant state and local government policies; and places a high priority on the encouragement of public transport use. The SCA also states that the parties recognise that the implementation of the agreement is subject to the normal statutory processes, the outcome of which cannot be guaranteed. They will, however, use their best endeavours to expedite any zoning amendments and development approvals to ensure progress of the identified projects. The district structure plan for Yanchep-Two Rocks has been adopted by the City of Wanneroo under the Wanneroo district planning scheme and is currently with the WAPC for assessment and determination. Assessment will consider all relevant planning matters including compatibility with existing state policies. (3) Yes. I table the agreement. (4) Not applicable. [See paper 884.] ROAD MAINTENANCE CONTRACTS 646. Hon KEN TRAVERS to the Minister for Transport: I refer to the Auditor General’s report released today that highlighted the failures of the road maintenance contracts entered into by the last Court-Barnett Liberal government.

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(1) Is the minister aware that these failed road maintenance contracts are outcomes-based, which means that the previous government could not have reduced the backlog by funding additional maintenance work, and that any additional funding would simply have reduced the amount of work that the contractors would be required to do? (2) Does the minister intend to seek additional funding from cabinet to ensure that the road maintenance backlog is eliminated under the new contracts? (3) If yes to (2), how much money, and when does the minister expect the funding to be required? Hon SIMON O’BRIEN replied: (1)-(3) I believe the honourable member is mistaken in his assertion that during the boom years, while backlogs of road maintenance were being accrued year after year it was somehow — Hon Ken Travers interjected. The PRESIDENT: Order! We have been through question time with questions asked and answered without any comment from the sidelines. Let us maintain that. Hon SIMON O’BRIEN: I do not know why this member wants to answer his own questions. If he wants to ask me a question, I will answer the blooming thing. But I get halfway through it and then he interrupts, so that the President has to intercede and we lose the train of thought. If he is serious about it, he can give — Hon Sally Talbot: He’s just trying to help you. Hon SIMON O’BRIEN: Who is? Hon Sally Talbot: Hon Ken Travers is trying to help you. Hon SIMON O’BRIEN: Yes, sure he is. Gee, he needs to get a life. Hon Ken Travers: Are you a bit tetchy today, minister? The PRESIDENT: Order! Let me make this clear: it is the member’s job to ask the question; it is the minister’s job to answer it. It is my job to adjudicate on what happens in the chamber; it is not the individual member’s job. I call on the Minister for Transport to answer the question. Hon SIMON O’BRIEN: If he has gone to all the trouble of asking a question, I will try once more to get an answer out. If the honourable member thinks that some sort of prohibition is contained in the contract facilities entered into by Main Roads that somehow prohibited, through the boom years, the possibility of the Gallop or Carpenter governments applying more funds to road maintenance, instead of allowing the backlog to accrue year after year, I believe he is mistaken. That is my response to the first part of his question. What was the second part? He asked it so long ago that I cannot recall. Hon Ken Travers: Does the minister intend to seek additional funding from cabinet to ensure that the road maintenance backlog is eliminated under the new contracts; and, if yes, how much money, and when does the minister expect the funding to be required? Hon SIMON O’BRIEN: I thank the member. I will be seeking more money in the future, regardless of Auditor General reports. The times economically are very tough, and I will certainly be seeking more funds anyway for Main Roads for a range of matters, including not only road maintenance, but also a road safety program. Indeed, in the course of setting the new term network contracts, I intend to have them set at a level that addresses, to the greatest extent possible, the backlog of maintenance that has arisen over the past several years. If the member wants to see some statement of general intent in that direction already, I suggest that he refer to the appropriate line in the budget that shows that in the out years additional funds have already been made available for those term network contracts. BENTLEY TECHNOLOGY PRECINCT 647. Hon KATE DOUST to the minister representing the Minister for Science and Innovation: I refer to the 2009-10 state budget. (1) Does the minister support the further progress of the Bentley technology precinct past the completion of the statutory planning stage? (2) Will the minister outline what funding has been allocated in the budget for further stages of this project? Hon NORMAN MOORE replied: I thank the member for some notice of this question.

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(1) The government’s commitment to future stages of this project is subject to planning approvals and further consideration by government. It is expected that the statutory planning phase will be finalised in 2010, with the appropriate approvals then being in place. (2) Stages 3 to 5 of the project include the implementation of the structural plan and civil works. The Department of Commerce and the project team are currently considering a range of funding options. QUESTION WITHOUT NOTICE 627 Correction of Answer HON SIMON O’BRIEN (South Metropolitan — Minister for Transport) [5.33 pm]: On behalf of the Minister for Energy, I indicate that pursuant to standing order 139, Hon Helen Bullock asked question without notice 627 on Tuesday, 16 June 2009, on the relocation of Ngurrawaana Remote Community School. It has been noted that the amount of $243 000 that was quoted for the cost of relocating the manual arts building was incorrect. This figure included $93 000 that was used to upgrade electrical facilities at Roebourne Primary School. The correct figure for the relocation of the manual arts building was actually $150 000. On behalf of the Minister for Energy representing the Minister for Education, I apologise to the house for this error, and ask that, pursuant to standing order 179, the incorrect figure be deleted and the correct figure inserted. WATER CATCHMENTS — SOUTH WEST RECOVERY PROGRAM Amendment to Motion Resumed from an earlier stage of the sitting. The PRESIDENT: I indicate to members that 11 minutes remain for this debate. HON MATT BENSON-LIDHOLM (Agricultural) [5.35 pm]: Prior to question time I was quoting from a Department of Water document entitled “Water resource recovery catchments”, and I was making the point that this program is the primary focus of the department’s salinity management program. Certainly, given the increasing emphasis on this issue over the years by particularly the Gallop and Carpenter governments, I think that it is probably well worth finishing quoting from the information that I have in front of me. After that, I will briefly finish with a comment about salinity levels in the Collie River. I think I posed that question to Hon Giz Watson. I will then wind up my comments. I think I was at the point of referring to the salinity situation statement. The document states — The Salinity situation statement — Collie River is the report of the study that reviewed data and modelled the effects of various reforestation scenarios, perennial pasture and engineering options. It details the past and current salinity situation of the Collie catchment and sets out a mix of plantation, groundwater pumping and river diversion options for attaining (or nearly attaining) the target of drinking quality water in the Wellington Reservoir by 2015. I think that figure was about 500 parts per million. I will read out the key conclusions of the study, which I think further emphasises the need to accept this motion. The document continues — Key conclusions of the study were: the salinity of water into the Wellington Reservoir is stabilising … nearly three-quarters — about 73% — of the salt load into the Wellington Reservoir comes from just three of the eight Management Units of the catchment — the Collie River-East, Collie River-South and James Well … reductions in stream salinity are expected once all the existing and planned plantations have been fully established there are feasible options to reduce the inflow salinity of the reservoir to drinking water levels and the full effects of reforestation treatments can be expected within 10 years from commencement. It concludes by stating — The farming community and agency representatives making up the Collie recovery team will use the scientific conclusions to assess the environmental, economic and social impacts of the options before implementing selected salinity reduction activities. That statement was made a few years ago, and I believe that things have moved on from there and that those programs are in place.

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As I said, I asked a question about salinity levels in the Collie River. I have some figures with me, albeit a little ancient, but the figures quoted are certainly around 1 500 milligrams per litre. However, I also note that there are figures for the Moore River of 7 200 milligrams per litre and for the Avon River of 6 700 milligrams per litre. Obviously, those figures will change the closer it is to the mouth of the systems. However, they are certainly compelling statistics for people who live in those parts. Finally, I will draw my speech to a conclusion. For all the reasons that I have mentioned—the economic, social and environmental sustainability issues—I still believe that more needs to be done. Governments have more and more addressed these issues of salinity, water flows and, dare I say it, climate change. The Gallop and Carpenter governments certainly had plans in place, but obviously, with a new government, more needs to be done. I will leave it at that point by saying that I certainly support the motion. HON PHILIP GARDINER (Agricultural) [5.39 pm]: My colleague Hon Colin Holt will address this motion in more detail in due course, should the debate continue. In the interim, I will give some observations on an attempt to heal the salinity problem that I have on my farm in Moora. I agree very strongly with the sentiment of this motion. As far as the detail is concerned, I favour the amendment because this is much more than just a forestry issue. Whatever is causing the way climate is occurring, be it us or sunspots, the changes that we are seeing now have caused a different form of run-off where I live from what we have seen in the past, bearing in mind that I live north of Great Eastern Highway, rather than south of that highway, where the catchment areas that are the subject of this motion are located. However, the problems experienced in both areas have similarities. Salinity is a complex area. As I said in my inaugural speech last night, there is not one solution that fits all and that is the reason that the forestry solution to this catchment problem is not the only solution. There are a number of parts to it and my colleague Hon Colin Holt will cover them. The rainfall patterns occurring where I live cause the rain to come in one quick fall, and the only option is for that water to run off into the streams and rivers. In the case of steady rainfall, the water sinks into the ground and goes into the underground water catchment. It then builds up the watertable, leading to an elevation of that watertable and a salt accumulation on the ground surface, causing a saline problem. Agricultural patterns have changed significantly over recent times. The most significant change is that we are not running the land so much for stock, but for grain. The great technological change in the grain business is that farmers are either no-tilling or minimum-tilling their land. Minimum till and no till means that the soil is being cultivated in a way that the water sinks into it so that the cropping plants that farmers sow can absorb the water, especially when that water is very scarce. The water is retained in what we call the recharge area, which is the area to which Hon Giz Watson’s motion refers. The more water that is retained through the use of minimum-till and no-till technology, the better the soil can grow the crop or pasture. The soil will hold the water in the top 10 to 20 centimetres more readily than it did in the past. For a start it improves the soil structure. An ideal soil structure is that which is in a colloidal state so that the air spaces and water spaces can be transferred in and out and the water is retained. By using full-cut tillage, which is the method that was used in the past, the soil structure loses its strength and the soil becomes loosely aggregated and has no retention capability. Minimum till also improves the organic carbon, to which Hon Matt Benson-Lidholm referred. The organic carbon serves to not only add to the soil structure, but also allows the retention of nutrients in the soil. The irony about all of this is that if we had the old technology, whereby the rain came on to the full-cut cultivation of the soil, the water would tend to run off, creating erosion, and the water would run into the streams and rivers and down into the catchment areas. For a start, we have a dilemma; that is, modern technology is actually retaining the water. If it is retaining that water in the recharge area and the plants do not use it, it goes into the watertable. We cannot put all that land back to forestry because it is food-producing land, unless we find that the cost of not having water far outweighs the cost of not having food. This land in the recharge areas will have the water absorbed out of it only if almost the whole lot is planted back to forestry. The agricultural land will go and the food production will fall at a time when the availability of food is becoming increasingly concerning. If we are to find a solution for the recharge area, we must think of things beyond forestry, and they exist. Perennial plants with deep roots can absorb that watertable. Lucerne is an example of a plant that puts its roots down at least a metre. Lucerne can also be planted in the recharge areas. On my farm in Moora we grow lucerne in an area that is really too dry for it. It is much more productive to grow annuals, unless we genetically change and improve the ability of lucerne to grow in the dryland areas. The reason we are growing lucerne is that a metre underneath our land the water is like brine. It is so strongly salted. We are taking a defensive measure. We have only about 30 hectares of lucerne, but the salt has not been lifted to the surface. We are winning that battle. I suspect that in the recharge areas of the south west, instead of thinking

5120 [COUNCIL - Wednesday, 17 June 2009] forestry we have to think outside that envelope and look to other alternatives that are available. Another plant we grow is saltbush. A real possibility for the south west is the oil mallee culture, which both sequesters carbon, assuming that we have a carbon price that makes that worthwhile, and provides biomass for small local power stations. The cost of transporting biomass from oil mallees is too great to cart it too far. Oil mallees are planted not as a forest, but in alleys. Between the alleys farmers grow their crops. The food production is preserved and there is an avenue for stopping that water from going into the watertable. What I do not know is whether oil mallees planted in 30- metre avenues will be enough to prevent that water from going into the watertable. At the end of the day, the reason there is salt downstream is that there are salt plains in different parts of the watercourse, which gets increasingly saline. Alternatives are available to try to hold that water at a level that it does not go into the watertable and cause the watertable to rise to produce the saline conditions downstream. On our property we have piezometers. A piezometer is a hole in the ground down which a pipe is inserted, through which samples of water can be drawn to measure the concentration of the salt and the level of the watertable at different times of the year. We used to take samples on my farm, but, unfortunately with competing pressures of time, I have recently omitted to collect samples to measure the water and its depth. In the four or five years that we were doing it, it was interesting. Debate adjourned, pursuant to standing orders. PARLIAMENTARY COMMISSIONER AMENDMENT BILL 2009 Third Reading Bill read a third time, on motion by Hon Norman Moore (Leader of the House), and returned to the Assembly with amendments. MAJOR EVENTS (AERIAL ADVERTISING) BILL 2009 Second Reading Resumed from 7 May. HON GIZ WATSON (North Metropolitan) [5.51 pm]: The Major Events (Aerial Advertising) Bill 2009 aims to regulate aerial advertising over major events in competition with advertising by the event sponsors. The definition of aerial advertising is inclusive. Examples listed in the bill include skywriting, planes towing banners, advertising or signs on aircraft or on people suspended from aircraft—for example, hang-gliders and parachutes—and also projections into the sky. The definition of advertising is “bringing to the attention of the public or a section of the public the availability of goods or services or the name of a brand of goods or services or a person who provides goods or services”. The term “goods or services” is not defined. The process of regulation of the bill is that, on application, the minister may make an event order, essentially a declaration that the particular event is to attract the act’s provisions. Before making such an order, the minister must be satisfied that the event is a major one internationally or nationally and that unauthorised aerial advertising would both adversely affect commercial arrangements that are in place for the event and the operations of the event itself. If the minister refuses to make an order, there is the capacity for review by the State Administrative Tribunal. Notification of event orders is through the Government Gazette. There is no provision for advertising the fact that an event order has been made via a peak industry body or public media. That is a matter that I might comment on in a minute. A person who displays or causes to be displayed aerial advertising in contravention of an event order commits an offence. The proceedings are dealt with by the Magistrates Court. The penalty is a fine of up to $250 000. I ask the minister in reply to this debate to confirm whether it is within the scope of a Magistrates Court to impose a fine of this size. If the offender is a body corporate, every person who was an officer of the body corporate at the time may also be charged and convicted. The onus of proof is reversed so that the prosecution need not prove the officer knew and was personally involved in the breach. Instead, it is for the defence to prove that the accused person did not consent or connive in the offence and took all reasonable steps to prevent the offence from occurring. In addition to remedies at criminal law, the bill provides for civil remedies. The minister or event organiser may apply to the Supreme Court for an injunction restraining a person from breaching an event order. Also, any person who has suffered loss, injury or damage or potential loss of sponsorship of an event as a result of the breach of an event order may bring an action for damages. By way of background, this type of legislation has been enacted in New South Wales and Victoria. When I prepared these notes a month or so ago, the Victorian Parliament was considering a new bill that deals with this issue, amongst others, connected with major sporting events. In examining this bill, I consulted one of my Victorian colleagues who spoke to the original Victorian bill on behalf of the Greens. Whereas we offered support for that bill in principle, we expressed concern that the bill would capture activities by not-for-profit

[COUNCIL - Wednesday, 17 June 2009] 5121 groups, particularly those with for-profit arms through the provision of goods and services. By way of example, an organisation such as Oxfam sells merchandise and uses the proceeds to defray its not-for-profit community services. The concern is whether an organisation such as Oxfam, or perhaps Greenpeace, would be captured in an activity such as running a banner over a cricket match. Hon Norman Moore: Would you call that advertising? Hon GIZ WATSON: That is the question, because it is not defined. Hon Norman Moore: Should we make it advertising? Hon GIZ WATSON: Let me continue because I think it creates a bit of a dilemma with this bill. It is interesting that Parliament will take an interest in modifying the competition between various commercial interests, whereas in a lot of arguments we seem to say that we should let the business sector sort out its own business and the competition for advertising space is really not the business of the Parliament. However, I have been persuaded that there are some arguments relating to major events held in this state as to why the Parliament should take an interest in this. I will comment on that later. My colleague in Victoria queried whether, for example, well-known groups could be considered a brand and could be caught by the bill even if the advertised message was something such as “stop climate change” and not advertising products in competition with a corporate sponsor of the event. He attempted to move some amendments to address this, which were defeated. We still retain that concern and would have the same concern about this bill. This bill was supported by all parties and the Independents in the other place, having been prepared in draft form but not introduced by the previous government. I understand that the opposition broadly supports this bill. The emphasis during the debate was on protecting sponsors from competition, sponsorship being said to be much harder to get than some might think in attracting international and national events — Hon Norman Moore: I can give you an absolute assurance that that is the case. Hon GIZ WATSON: I have been well assured of that in the briefings that I have received on this bill. I understand that there is a bit of history in attracting major events to Western Australia. Discussions were held about benefits, apart from economic benefits; for example, there are social benefits from bringing people together around a shared interest and the development of the sport or other activities that are the subject of the event. The interest in major events is not purely financial. Similar to my colleague in Victoria, the member for Mandurah queried the impact of the bill on aerial advertising for the purpose of making a human rights or other point. The minister’s answer in the other place indicated that he considered the definition of advertising in the bill would successfully avoid the problem. However, he appeared to be expressing his own view rather than having taken any legal advice on this point. We have a number of issues with this bill. One is whether human rights and community or political messaging by a not-for-profit group, which is covered in clause 3 of the bill in the definition of advertising, will be caught. Some not-for-profit organisations that engage in political or human rights activities also sell goods as a way of funding their activities. I have used the example of Oxfam; Amnesty International is another organisation that comes to mind. The names of these organisations, and also of groups such as GetUp! and Greenpeace, are extremely well known. Could they possibly be regarded as brands? It was suggested in the other place that the answer is no. However, in the briefing that I received, I understand that the answer is yes. For example, the information I was provided with by way of briefing is that it would probably be okay to display a message that said “Save the Whales”, but if it had the name Greenpeace on it, that would probably be captured. Sitting suspended from 6.00 to 7.30 pm Debate adjourned until a later stage of the sitting, on motion by Hon Ken Baston. [Continued on page 5132.] ESTIMATES OF REVENUE AND EXPENDITURE Consideration of Tabled Papers Resumed from 16 June on the following motion moved by Hon Barry House (Parliamentary Secretary) — That pursuant to standing order 49(1)(c), the Legislative Council take note of tabled papers 773A-H (budget papers 2009-10) laid upon the table of the house on 14 May 2009. HON ALYSSA HAYDEN (East Metropolitan) [7.32 pm]: I take this opportunity to congratulate you, Mr President, on your recent election. It will be an honour to work with you in this chamber. It is with great honour that I enter this chamber as a member of the Liberal-National government. It is a wonderful privilege to be able to work alongside so many experienced parliamentarians. I look forward to their counsel, as I am sure many of

5122 [COUNCIL - Wednesday, 17 June 2009] them will be great mentors. Today I stand here as a member of the east metropolitan team, as the third Liberal member, and as one of the five female members elected by the people of the East Metropolitan Region. I join Hon Helen Morton, Hon Donna Faragher, Hon Ljiljanna Ravlich, who unfortunately is not here this evening, and Hon Alison Xamon, and the one male member of this petticoat junction, Hon Jock Ferguson. Obviously, the people of the East Metropolitan Region know that if they want something done right the first time, get a woman. I take this opportunity to thank the electors for this humbling opportunity to represent them at this important level. I will do my utmost to bring their issues to the forefront and to ensure that our region is in the minds of our ministers when they make decisions on our future. Before continuing, I thank Hon Helen Morton for her warm welcome and true kindness, along with her support, advice and encouragement throughout the past 12 months. She is truly a beautiful person. To my new colleague, Hon Liz Behjat, it is wonderful to be able to share these new experiences with a new member and a friend. The East Metropolitan Region is a unique and diverse district; an area that I have grown up in and worked in for the majority of my life. I am fortunate that my two loving parents, Arthur and Sandra Wallis, wanted a safe, caring and adventurous environment for their two children, and the hills provided exactly that. I grew up in Mt Helena, a special place that reflects life across this region. Teachers taught during the day and they coached sports on the weekends. Parents were involved in their children’s lives and playing outdoors in the bush was the norm. This environment plays a major role in the healthy development of children in this area and I guess that is why so many return to raise families of their own. I started my schooling at Helena College and then Darlington Primary School, before moving to Mt Helena Primary School and then on to Eastern Hills Senior High School. I grew up playing sports in the local area and became a ballroom dancer after taking lessons in the community hall. I also joined the Marloo Theatre company and I held my first job in Midland. My own business career started at the age of 19 and my working career continued for the next 15 years in and around the Midland district. This was a wise decision, as it turns out. Midland, if we ask the local and business community, is the centre of the universe. Still living in the region, I have been lucky to watch how this unique section of Perth has grown and developed. This community has never stopped working on improving the area and creating a better lifestyle. Together, the Swan Chamber of Commerce, the City of Swan and the Midland Redevelopment Authority share a proud community vision for this fast developing centre. Although there has been a lot of hard work from these groups, there are still many issues that need our attention. I will be encouraging our government to make the following issues a priority: the Lloyd Street extension, which must include the rail underpass to enable safe and efficient ambulance services to and from the new Midland health campus; the Perth to Darwin highway, which has been on the drawing board for well over 11 years, and is essential for the Swan Valley tourism precinct, along with the growing residential areas, to relocate our trucks to a safer route; and obtaining a university college, which will provide a higher education presence and employment opportunities that are long overdue for this region. Additional train stations are required throughout the East Metropolitan Region, especially along the Thornlie line, as is the upgrade of the main station in Midland. We also need to look at an ongoing commitment to redevelop our older suburbs, such as Maddington and Kenwick, and a continued commitment to the great work being undertaken by both the Midland and Armadale Redevelopment Authorities. Recently, I took up an offer from a business operator in Hazelmere to tag along with her to get an understanding of her industry’s issues. Never shying away from a challenge, I set off in a Scania, otherwise known as a “ladies truck”, as the boys call it. After five days we returned from delivering and installing our oversized load in Tom Price. In the East Metropolitan Region, we have the three main routes that our truck industry uses to transport our everyday consumables. Without our truck drivers delivering our fresh bread, milk, clothes and mail—I could go on—our world as we know it would stop turning. What was obvious to me on my short trip was the lack of respect that we as a community show our truck drivers. Educating all our local and visiting motorists is essential to not only help the truck industry but also ultimately save lives. There are many issues within this industry which need our attention and which I will raise during my time in Parliament. However, if I could stress just one issue, it would be for our community to respect and understand the importance of our truck industry. I would like to thank Heather Jones from Success Transport, who is with us tonight in the gallery, for allowing me to see firsthand the issues surrounding her business. The experience of travelling, eating and sleeping in a truck for five days, which included sleeping at truck rests with no facilities whatsoever, or stopping at a truck stop shared with 12 other truckers and bikers, will stick with me forever. I assure Heather that I will take seriously the many issues that need addressing in her industry and I will push tirelessly to see these changes implemented. Mr President, when I say wineries, retreats, marron, orchards, chocolate, wagon rides, tulips, markets, and both rural and high-density living, not only are these products and services supported by our truck industry, but also they are just a few that make up our diverse East Metropolitan Region. This is why one of my passions is tourism. We must sell our beautiful state and region to not only interstate and international visitors, but also Western Australians. Approximately 447 000 Western Australians travelled overseas in 2008. Of those 447 000 over 50 per cent travelled for the purpose of a holiday. Another 123 000 Western Australians travelled interstate

[COUNCIL - Wednesday, 17 June 2009] 5123 for the same purpose. In other words, approximately 346 500 Western Australians left our state for a holiday. If we could tap into, say, 10 per cent of the people who travel outside WA for their holiday, that 10 per cent would increase tourism numbers in WA by at least 34 500. In these economic hard times the government needs to be looking at ways to encourage people in our local community to holiday in their own backyard, thus ensuring that that money stays in our state. It is heartening to learn that I am not alone in my passion for people to holiday at home. In February, Liz Constable, our Minister for Tourism, launched the Holiday at Home campaign, which has been linked to the increased bookings experienced in Broome, on Rottnest and in the mid-west. Western Australia’s main source of international tourism comes from the United Kingdom, the United States, Singapore and New Zealand. All of these countries are currently in recession. This will impact on the number of international visitors to WA and it is another reason that we should be focusing on our local visitors. Like any business plan, we must start small—you target your local audience, you create your core business and then you expand. We seem to have lost what should be our core business; that is, our local tourists. It has been estimated that over 46 000 people are employed in tourism-related jobs in WA. If Western Australians simply spent more of their holiday time in our state, not only would it enhance our tourism industry and generate a healthy economy, but we will also increase employment in WA. Graham Moss, the chief executive officer of Tourism Council Western Australia was quoted in The West Australian of 4 May as saying that it is time to look for fresh ideas and a new approach as the state faced uncertain uneconomic times. I could not agree with him more. During my time in Parliament I hope to see changes to the way we market Western Australia and the pooling of resources to ensure that our entire tourism industry is on the same page. We need to create smart, simple but effective ways to advertise our state to our local community as a desired destination, be it a one-day visit, an extended weekend or the annual holiday. Most members are aware of the beauty of the south west region, but not all members are aware of what is on offer only 25 minutes from the city. One of my suggestions is to start advertising local activities at the end of weather reports—a 30-second advertisement giving information on local places to visit and activities to do for the weekend ahead. If we do not know what is on offer locally and experience it ourselves, how can we start selling our state to others? We need to start holidaying at home. We have just heard the announcement of the Ocean Reef marina, which has received the full support of the tourism industry. To assist our tourism industry we need to provide drawcards. People love to link leisure with water. Mr President, I ask you to picture family picnics, walk and cycle ways, boats, wine tours and cafes, and then take that image and place it along the Swan River, through Belmont, Bayswater, Bassendean and Guildford—the Swan area. This is what developing our Swan River could bring to these areas, linking our heritage, community and environment. We seem to be a community that is afraid of change. However, once change occurs and sites are developed we flock to them and enjoy them. Hillarys Boat Harbour was a vision of Trevor Kitcher’s. He had a pretty difficult time selling his plan and the local community was afraid of what the changes might bring. Now look at what occurs: people fight for car parking, boats line the jetty, holiday chalets overlook our beautiful oceans and the boardwalk is bustling. Since 1955 studies have been undertaken on a variety of aspects of the Swan River. These documents have focused on individual issues, such as zoning of property, landscaping and environmental. I understand that most of these studies have assisted with educating the landowners and industry to protect and develop a healthy river. The river is a resource available to the community to enjoy and live on. If planned correctly, using the previous studies to ensure that the integrity of our river is maintained, there is nothing to stop us from developing this natural asset to its fullest potential. Put simply, if we do not use it, we will lose it. It is my opinion that an action group needs to be formed with the purpose of developing the Swan River into a drawcard for the local community and WA visitors. Redevelopment authorities have a successful track record of linking the relevant groups together in order to obtain a vision shared by the entire community. For example, the East Perth Redevelopment Authority transformed what was an old tip and an ugly site into what it is today. People new to Western Australia would never guess the history of East Perth. Locally, in the East Metropolitan Region, the Midland and Armadale Redevelopment Authorities have made, and continue to make, dramatic changes and impacts on these areas. A redevelopment authority for the Swan River would allow for the local governments along the river, the Eastern Metropolitan Regional Council, the Swan River Trust and other relevant groups to work together to ensure that the development will not only provide a recreational destination for WA, but also protect and improve the health of our river. Today, I and our transport minister, Hon Simon O’Brien, announced an investment of $76 633 for new recreational boating facilities and infrastructure for the Swan River. This funding will allow for an additional 15 courtesy moorings throughout the upper Swan region, which will encourage the community to use our river. With projects such as these, I believe that with government and industry working together, people will have no doubt that WA is a beautiful state. With so much to offer, it will be a must for their next getaway.

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Small business makes up 96 per cent of our business community in WA. Because of this, we are known as the lucky state. Although we are feeling the pain of this world economic crisis, it will be our small business community that will see us through. These business owners are the ones who will put their shoulders to the grindstone. And why? Because they have everything to lose. They do not have excess staff whom they can lay off. They do not have exorbitant CEO wages that they can reduce. They cannot put a hold on their overdraft or mortgage payments, and they cannot afford to lose good staff. Starting my first business at the age of 19 years, I employed just over 15 staff. The most difficult part of running my business was neither the business plan nor the training of staff; it was keeping abreast of government legislation, licences, regulations, insurances and tax changes. A few years later my husband and I were operating our second business, with over 35 staff. This was when the goods and services tax was implemented and when the compulsory employees superannuation scheme was put into place. These changes required new systems, professional advice, time and training, which all equalled money. To implement these changes into our business was not only expensive, emotionally challenging and extremely difficult; we still had to find the time to conduct our normal business activities. Unfortunately, there were many businesses that were unable to adapt and did not survive through these changes. Governments and departments need to realise that decisions made in their boardrooms have a huge impact on our business community, especially our small to medium businesses. These people simply do not have the time, nor the resources, as they are too busy just running their business. Over 20 years I have had experience in running a few businesses of my own and assisting with the set-up of others. I understand the heartache and the struggle that business operators face each and every day. I also understand the feeling of pride and success that a person gets from running a good business. Employment issues are one of the most daunting things for a business, especially with the federal Labor government’s changes to the industrial relations laws. The Rudd government would have us believe that business owners cannot be trusted and that they need regulating, not that business owners are self-starting entrepreneurs who have got off their backsides and have contributed heavily, may I add, to our nation’s export, service and manufacturing industries, to employment, to infrastructure, to the retail sector and to our country’s economy. The most important thing that we as a state government can do to assist our business community is to allow it to operate with fewer regulations. Let it do what it does best; that is, operate a business. I am proud to say that the need to cut the burden of red tape that surrounds business is something that this government is taking seriously. I have had the privilege of participating at one of the meetings that have been held with our business community throughout Western Australia. My colleagues Hon Ken Baston and the hard-working member for Scarborough, Liza Harvey, head up the government’s Red Tape Reduction Group. Together they have met with business groups and industries from all over our state to identify opportunities whereby this burden can be reduced. This group has identified that WA is the most overregulated state in Australia. We are suffocating small business, and small business is the backbone of our state. Our business community needs the government’s support. I understand that regulations and licences have been put in place to protect consumers from risky backyard operators, but the fact that we have become so over the top in our regulations has actually encouraged some businesses to bypass this system. The businesses that are open for audits and checks are the ones complying with the rules. These are not the businesses that consumers need to be protected from. It is comforting for me to know that we have a number of members in this place with business backgrounds. Both Ken Baston and Liza Harvey, along with our Treasurer, Hon Troy Buswell, are committed to seeing the reduction of unnecessary rules and regulations and to allowing our business community to grow, and therefore our state to flourish. I am offering them my full support for and commitment to reducing red tape. I intend on bringing my small business experience to Parliament to ensure that business is enhanced by government and not restricted. One of the roles a member plays in the Legislative Council is to review and scrutinise legislation. Over the past four years I have had the privilege of working for a former federal member for Parliament, Stuart Henry, and one of our WA senators, Judith Adams. I thank both of them for the opportunity to have been able to learn and work in our federal system. I know that the knowledge I gained during this time will assist me to be a better member. Each of us in this chamber today has been elected by the people of Western Australia to review all legislation with their interests and views at heart. I believe that the people of WA have elected a team that reflects the true diversity of our state. I look forward to using our real-life experiences and our community views with you all over the next four years to ensure that the legislation that passes through this chamber reflects our state’s needs. A maiden speech is not complete without its thankyous. Before giving one, I never fully appreciated the importance of it all. But when I was writing this speech I found that I was pulling not just from my own experiences but from experiences of the people within my life. My family is a family of small business, from my dad’s car yard to luxury furniture hire, tyre retailing and fitting, telemarketing and sales, security sales and installation, to my mum as the chief executive officer of the Swan Chamber of Commerce for the past 20 years. The love and support that I have received from this very strong family has led me to be the person I am today. I have been brought up on the values of respect, discipline, hard work and belief in yourself. My mum is also my

[COUNCIL - Wednesday, 17 June 2009] 5125 best friend, and she has shown me strength, professionalism and diplomacy, which is something I have yet to master. My dad has taught me independence, determination and how important it is to stop and listen. The rest of my family and a few close friends are my backbone. They provide me with balance, support, love, humour and friendship. I have lived with two sayings from my parents that will stay with me forever: the first—if it is to be, it is up to me; and the second—if you just stop and listen, everyone has something to teach you. So to my entire family and friends, I thank you from the bottom of my heart, and I hope I make you all proud. I can imagine those in the gallery thinking, “Oh, my God, she’s forgotten her husband!” For those who know him, there is no way he would let me forget him! Terry is the love of my life. We have been through many ups and downs together but I have always been able to rely on his sense of humour to get us through. To Terry, I hope you have a lot of humour stored up for the next four years; I think we are going to need it! I have no children of my own but Terry’s daughter, Kelly-Ann, entered my life when she was only eight years old. She is now a beautiful 28-year-old woman, making her way through the music industry in Melbourne. I would like to thank her for the challenging, yet rewarding, experiences of raising a daughter. To the lower house candidates and successful members of the 2008 election, I wish to thank you all. Without their hard work I would not be standing here today. I make special mention of Frank Alban, our new member for Swan Hills, whom I worked closely with during the election, along with Dean Smith, Ben Finlay, Ron Dolliver and my husband, Terry. To Ben Morton, Zak Kirkup, Vicki Moore, Diane Nichols, Sam Calabrese and Catherine Johnston at Menzies House, I thank you all for your tireless work throughout the year and for a successful campaign. Well done. To all the Liberal divisions across the East Metropolitan Region, I know there were many early starts and late finishes. The Liberal Party is only as strong as its members, so I thank you all. I am a person who has real life experiences. Everything I have learned has been from the school of hard knocks. I have street smarts. I can relate to and understand the people of the East Metropolitan Region. I will bring my lessons of life and the wishes of my electorate to this Parliament. I do not pretend to know everything but I promise I will stop, listen and learn. When issues need to be heard and acted on, if it is to be, it is up to me. Thank you. [Applause.] The PRESIDENT: I neglected to do this with the previous member, but as this is Hon Colin Holt’s inaugural address, I ask members to observe the usual courtesies. HON COL HOLT (South West) [7.57 pm]: Before I start I would like to respectfully acknowledge the traditional custodians of the land upon which we meet. It is a great honour for me to stand in this house to give my inaugural speech. Some very good colleagues of mine have always said that all we have done in our past is in preparation for what we are about to take on or our next challenge. With this in mind, I would like to relay to the house and guests in the gallery a little bit about myself, to paint a picture about what I have been through in preparation for my time in this house. One of my distant cousins, Janice Young, wrote a book about the origins of our family. She traced the history of our arrival in Australia in 1842. The book is entitled In search of Elizabeth. I have it here for show-and-tell! My family was, let me say, very prolific. I would not be surprised if other members or people in the gallery were related to us somehow from the past! When Janice Young released the book, she was asked by a journalist, “So who are you descended from?” She replied, “An English farm labourer, a Welsh convict and the Romani.” He replied, “But haven’t you found someone important in your family?” Janice said, “Yes; an English farm labourer, a Welsh convict and the Romani.” I feel a little the same way. I come from humble beginnings, of which I am truly proud. My father was a Telecom linesman for 35 years. My mother was a dedicated mother-of-six, of whom I am the youngest. We lived in a little fibro house in Goomalling. Although it may not seem too exciting, I was part of a loving and very caring family. I think it is a credit to our parliamentary system that someone who feels they come from humble beginnings can participate in our Parliament. Mum and dad were committed totally to their family values and they worked hard to ensure their family had a roof over their heads and food on the table. They often went without so that we, their children, had our needs met. I would like to acknowledge my mum, who is in the gallery tonight. She is an incredible woman with amazing strength and fortitude who would crawl over burning coals for her family. I would also like to acknowledge my dad, who passed away two years ago and so has missed this chapter in my life. However, I can imagine what he would say of this latest adventure. It would be along the lines of what he said when I left my very secure job after 14 years, when at that time I had four young dependent children, a mortgage, all the normal expenses of family life, absolutely no client base and no job. My first job after I left my secure government job—I had set out to be a community development consultant—was drenching sheep on a mate’s farm. What do you expect, really! My dad grew up in the Depression years and so

5126 [COUNCIL - Wednesday, 17 June 2009] had a very conservative outlook on life and was very risk averse. He said to me about leaving my job—I beg forgiveness of the house—“What the bloody hell do you want to do that for?” I think he would probably say the same thing now! However, I am sure he would be proud of his youngest son. I would also like to acknowledge my three brothers, Lester, Frank and Jeff, and my two sisters, Anne and Jen, who are always there to help when you need them most. I must add that they keep me totally grounded in what I do. They keep me totally aware of all the issues that most Western Australians face, and there is no way that I will be able to get away with anything with them. I am sure they will keep me on track. I would also like to recognise my beautiful, enigmatic wife, Floss. She made me put those words in here! She is the perfect foil for me. She is very gregarious in nature, and has a fantastic ability to gather friends around her. I would also like to acknowledge my children, Ebony, Zeke, Denzel and Frazer, who undoubtedly have helped make me the person I am today. I thank them publicly here now for their love and support, and for their blind faith in me. It was interesting on induction to this house, I received some forms from the Legislative Council office. One of the questions was: do you have any significant relatives? “Of course”, I wrote down, “Yes, all of them!” For me, they are all significant, especially my wife and children. Back to my story and where I come from. In Goomalling Primary School I was part of a classroom that had 14 students. I was faced with the prospect of going away to school to further my education. My folks asked me when I was 14 whether I would like to travel by bus to Northam every day so I could be home at night or board in Perth away from home. For some reason, I jumped at the opportunity to test myself in a new school and a living-away-from-home environment. I guess I wanted the opportunity to test my social and leadership skills. I think it was an indicator of my developing attitude to life: let’s give it a go and we will work out details a little later on! That kind of attitude has followed me through life. That decision at that time was a good one. I formed many great friendships—friendships that are still relevant today. Those friendships are nearly 30 years old and I thank all those friends for their support and belief in me. I would like to name them all, but, in fear of missing someone, I will not do it. It would also sound like a metrosexual zoo! However, there is one group of people I would like to mention, and that is the Spinifex, who are lifelong friends and will continue to be till the day I leave this earth. After school I stayed in Perth and completed a Bachelor of Science degree at the University of Western Australia, orienting myself around the footy team, which was full of country boys just like me. I then joined the Department of Agriculture and worked there for 14 years. I was a little young and naive when I first joined the department. One of the executives asked me what I would like to do. I said that I hoped I would go a long way. They immediately sent me to Derby in the Kimberley! However, I saw this as another opportunity to expand my horizons and my experience and another chance to put up my hand to see what would happen. Fortunately for me, that is where I met my wife. Again, I thank her for being here and sticking by me. While working in the Department of Agriculture I lived and worked in almost every region of Western Australia, including Bruce Rock, Halls Creek and Carnarvon, Narrogin for almost seven years, and Australind. It seemed that we had a new child in almost every new town that we lived in, keeping the maternity ward busy in those country hospitals. I had many roles, including border quarantine. I was involved in donkey control. I was a coordinator for the feral goat eradication campaign. I was a LandCare officer. Eventually I moved into a training role, which sparked my deep interest in helping others to gain skills and knowledge and to reach their potential. I have lived in many places and participated in many different types of communities and met a lot of regional Western Australians. I have learnt that although Western Australia is geographically large, the WA regional community is really quite small. We just never know where we will run into people. Almost every day I run into someone whom I know from school or from sport or whom I worked or socialised with, and I never know where they might turn up. From all those years in regional WA I have gained a wealth of experience that I believe will help me greatly to work as an elected member. I would like to tell of a little experience I had when we were camping in the heart of the Murchison one day. A group of us were there talking about feral goat eradication. We were standing around a camp fire. A Vietnam veteran was there, who was obviously a very proud Australian. He was the president of the Returned Services League in Carnarvon at the time, he truly lived for Anzac Day and he ensured that he marched every year. There was also a Canadian-born Australian, who emigrated to Australia when he was about 20 years old. Anyway, the discussion turned to who was truly Australian. The Vietnam vet of course stood up and said, “I am truly Australian because I fought for this country under that flag.” The Canadian stood up and said, “Well, you are just lucky you were born here, mate. I chose to be Australian, so I am Australian.” As they shaped up to each other around the fire to settle the argument with fisticuffs, I was struck by the passion they both showed. Of course, they were both right; they both had a claim to be truly Australian and, just as importantly, they had the right and permission to express their views. I think I learnt a valuable lesson from that observation. Just because I was fortunate enough to be born in the greatest state in the greatest country does not make me a greater Australian than anyone who has chosen to make

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Australia home. I welcome any new Australian to add culture to our country. We have already heard in a number of maiden speeches here of the origins of some of the members. I would like to acknowledge them and any other members who have chosen Australia as their home and have chosen to contribute to our state through parliamentary service. I also note here that it is national Refugee Week. I urge our immigration authorities to act with passion and empathy for all those looking to make Australia their home. As I have said, I left the Department of Agriculture seven years ago and began a consultancy in community development and sheep handling. At the time I did not know I was doing community development work; in fact, often we do not. I just had a desire to work and learn with communities in a new way. I wanted to make a difference to people’s lives. One of the early projects I was involved with was the Western Australian Community Leadership program. My colleagues and I—some of them are present in the gallery—visited 27 communities, from Wyndham to Esperance, asking those communities to identify two Indigenous and two non- Indigenous leaders from each community to participate in a program on their behalf. We worked with existing and emerging leaders from all over Western Australia. These were regional people who were developing their leadership skills to be an asset to their families, communities, region and state. This was real work that engaged people in a very personal and community interface, and it gave me a much greater understanding of all people and of Indigenous communities. Everyone who came into contact with that program was in awe of the calibre of people we have in regional WA. I note that a graduate of the program is present in the gallery, a woman who joined the program as a young Indigenous radio announcer from Kununurra, and after completing the program she put up her hand and said, “I want to be involved with the Kununurra Chamber of Commerce and Industry.” She now works for Argyle Diamond Mine as a training officer. These are the sort of people we worked with, who gained the knowledge and confidence to go where they wanted to go. I am in awe of all these people and eternally grateful to them for generously sharing their experience. Unfortunately, the government of the day discontinued the program, and all the momentum and experience provided by the WA Community Leadership program was in danger of being lost. However, the coordinators of the program decided to form a new community development company. I joined six like-minded colleagues to continue to work with communities the length and breadth of Western Australia, and this work has continued for the past six years. I am passionate about this type of work and I am passionate about the people of this state who want to make a difference, on whatever level they choose, be it at family level, at community level as a volunteer, in leadership roles within their community or region, standing up for state politics or industry or, if they choose, to take on leadership roles at national level. The company that we helped form held the belief that everyone can be like a pebble in a pond; everyone can make an impact beyond their own presence. In communities, small things matter and can make a huge difference. People just have to be willing to make a wave. I believe everyone deserves to have the opportunity to learn and develop the skills to make a difference in their community. Before I move on, I would like also to touch on the social isolation that faces many people in regional Western Australia. I am especially concerned about the social isolation of young people in the regions. I remember being told a story by a person from Hyden who had organised two busloads of young ladies to travel from Perth to Hyden for a get-together and cabaret at the Hyden town hall. She told me how the young men of that community did not have too many social skills; they spend their lives on the farm, seeing maybe their mum and their sister and working with their dad all day long. They go to footy training and play for the local footy team, but they do not have very much social interaction with girls in the community. It struck me that this could potentially become an issue if we do not do something about it. Social isolation is an issue. If members looked at the suicide statistics for young people, especially young men, in regional Western Australia, they would be appalled. I would like to make special mention of a very dear mentor of mine, Leigh Hardingham, who started me on my journey to this house. I remember sitting with her at the back of Dumas House when we were involved with the WA Community Leadership program. She asked me what my leadership aspirations were. I said, “I’m thinking about joining the local shire.” She looked over here to Parliament House and she said, “Have you thought about that house over there?”, which of course I had not, but immediately I did. As goes with my attitude to life, I thought I will put up my hand and give it a go. I ran in the south west as second on the ticket in 2005, and I was unsuccessful. I ran not really knowing what I was getting into, but with the faith and the confidence that I would be able to work it out when I got there. Thank you, Leigh, for those many, many hours of mentoring conversation. You truly have given me the confidence that I can stand here tonight—even though I am a little nervous—and address my peers and the people in the gallery. At this point I would like to acknowledge my parliamentary colleagues from the National Party who have helped me to start this latest chapter in my life. I would especially like to acknowledge those who masterminded the royalties for regions policy for the brilliant campaign that they ran at the last election. It goes without saying that all the hard work from those dedicated party members—an army of rank and file members—and from the range

5128 [COUNCIL - Wednesday, 17 June 2009] of volunteers who helped me, and the faith shown in the royalties for regions policy by the people in regional Western Australia, in particular the south west, is why I am in this house now. Thank you, guys. The royalties for regions campaign was built on a simple but effective message that captured the imagination of the people the Nationals represent. They dared to imagine their region having services and infrastructure that would meet their needs. They dared to imagine their region having effective health services and more education resources, including vocational education. They dared to imagine their region having adequate policing. They dared to imagine their region having funds to invest in assets that the community believes are important. They dared to imagine their region having improved housing for essential workers such as police officers, nurses and teachers. They dared to imagine their region having increased assistance through the patient assisted travel scheme and the country age pension fuel card. They dared to imagine the Royal Flying Doctor Service having five new planes. They dared to imagine having new funds for local governments to spend on community projects that would make a real difference to their lives. The royalties for regions policy is not just about increased services and infrastructure. It sends a clear message to the people who live in the regions—who have felt ignored for far too long—that they do matter, that they are an integral part of this state, and that they and their families and their communities are worth investing in. I am sure that any members who travelled around the regions after the election would not have gone far without noticing the difference in the attitude of the people in the regions because of the royalties for regions policy. I share the belief that royalties for regions will make a great contribution to the lives of people in the regions. I intend to spend my time in this house representing the people of the south west by building on and delivering the royalties for regions policy, and to complement the delivery of services and infrastructure in the regions. I intend to spend my time in this house investing in the social and human capacity of the people in the south west and throughout the regions. I intend to spend my time helping the people in the regions to help themselves by gaining the skills and experience that will allow them to become leaders and advocates for their communities and their regions. I am passionate about the regions of Western Australia and the people who choose to live, work and raise their families in the regions. I intend to work towards the development of regional programs and services that will give people in the regions the educational and experiential mechanisms that they need to build their skills and self-confidence so that they can make the most of the opportunities that royalties for regions presents for them. I am passionate about helping those who will put up their hand and take on a role. If someone is willing to have a go, I want to help that person to have a go. I cannot finish without a quick mention of the balance of power. The Nationals hold the balance of power in both houses of this Parliament. That is a great responsibility. It is a responsibility to provide good government to the whole of Western Australia. It is also a responsibility to the people the Nationals represent—the people of regional Western Australia—to ensure that we deliver for them. In closing, I would like to thank the house and guests for their indulgence. I also, once again, want to thank my wife and family, and my friends. When I embarked upon the process of preparing my maiden speech, I was given about 100 different pieces of advice. One piece of advice was: do not be too idealistic. That was from Dan Hatch from “Inside Cover”. Another piece of advice was: do not bring out too many quotes, because everyone does that. However, I will bring out one quote from Henry Wadsworth Longfellow, who once said — We judge ourselves by what we feel capable of doing, while others judge us by what we have already done. That says to me that we should not be faineant or idle while in this house, but that we should grab the opportunity that has been afforded each and every one of us not only to represent the people of Western Australia, but also to make the most of every opportunity to make a positive difference in the lives of the people of Western Australia, because in the end each of us in this place will judge our own performance by ourselves. We must, in other words, “go large”. Thank you, Mr President. [Applause.] The PRESIDENT: I remind members once again that even though this speech may be more aptly termed a recycled speech rather than an inaugural speech, it is an inaugural speech and members are asked to observe the usual courtesies. I ask Hon Lynn MacLaren to please make herself comfortable at the podium. HON LYNN MacLAREN (South Metropolitan) [8.21 pm]: Thank you very much, Mr President, and congratulations on your election. I would like to support the motion to take note of the budget papers. I also take this opportunity to introduce myself for the first time to this Council, assembled with a bit of deja vu. Four years ago I served briefly as a member for the South Metropolitan Region upon the retirement of Hon Jim Scott, MLC. At that time my inaugural speech was followed fewer than two months later by my valedictory speech. Someone suggested that this would be better termed my comeback speech rather than my inaugural one.

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I begin by acknowledging that we meet on the traditional land of the Nyoongah people, and by paying my respects to their elders. I also acknowledge my Greens (WA) parliamentary colleagues, Hon Giz Watson, Hon Robin Chapple and Hon Alison Xamon, who have worked tirelessly for many years in pursuit of the aims of participatory democracy, social justice, ecological sustainability, peace and nuclear disarmament. In particular I honour Giz for her unswerving commitment spanning 12 years as a member of the Legislative Council and for her wise guidance in the Greens party. I look forward to working beside those members and to contributing to the development of a kinder, more innovative and sustainable society. I also welcome an opportunity to work with each member of this Council to create a better world for future generations of Western Australians. I say thank you to those who have ventured out tonight and joined us in the public gallery. In particular I acknowledge former Senator Jean Jenkins who is in the public gallery this evening, and the member for Fremantle, Adele Carles, who also joins us in the gallery; thank you. I will try to reward your efforts with a bit of reason, a bit of passion and a promise. From the accent, members would have guessed by now that I am a migrant. My first inaugural speech reveals more about my personal journey. Briefly, I was born in the United States and have lived in Western Australia for 27 years. It is to Rotary International and in particular the clubs of Apple Valley, California and Albany, Western Australia that I am forever grateful for widening my horizons. It was during my youth exchange in 1979 amongst the granite outcrops, stunning blue bays and wild southern seas near Albany that I developed a reverence for Western Australia’s unique landscape and biodiversity. Later, as a young adult, I returned to Western Australia, eventually settling in Perth, where I used my experience in journalism as the sole proprietor of a technical writing and desktop publishing business. Over seven years operating my own small business, I learnt to appreciate the Western Australian flavour of work-life balance. I shied away from public life until my 30s, when the live sheep trade from the port of Fremantle triggered my sense of outrage at the cruelty and my passion to make a difference. Community activism put me on a path to work for my local member of Parliament, Hon Jim Scott, MLC, and later as a researcher for Hon Giz Watson, MLC. From 2005 to 2008 I worked as a senior policy officer at the Western Australian Council of Social Service, researching antipoverty strategies and housing policy, providing training for organisations and developing regional community services networks. Last week I was privileged to be present in the other place to witness the maiden speech of the first Greens member of the Legislative Assembly, Ms Adele Carles, MLA for Fremantle. I congratulate Ms Carles on her historic election, and warmly welcome her to the Greens parliamentary team. Adele’s promise is as an independent thinker and a deeply committed environmental activist. The newly elected Greens member for Fremantle and three new Greens members of the upper house represent a growing percentage of electors who courageously voted for change. The change that our constituents expect includes, but is not limited to, parliamentary leadership to tackle climate change; an increase in renewable energy sources in use; community involvement in development decisions; conservation of our remaining wetlands and remnant bushland; sensible planning processes that take both climate change and community involvement seriously; protection from genetically modified organisms in food and agriculture; preservation of Western Australia’s biodiversity; and expansion of public transport to not only help us prepare for the impact of peak oil, but also dramatically improve our cities. In the South Metropolitan Region, we would like a light rail system, linking all our communities. I express my heartfelt appreciation to the hundreds of volunteers who mobilised quickly back in September to win this seat for the Greens in the South Metropolitan Region. Several people dedicated long hours most days on our campaign. I especially thank Kim Dravnieks, Jan Currie, Val Tomlin, Andrew Sullivan and Scott Ryan. I also thank Gill Irvine, who generously supported me personally. Fourteen individuals stood as candidates across the South Metropolitan Region, which stretches south of the river from Victoria Park to Warnbro. These candidates heroically represented the Greens and attracted more support than ever before. In particular, for their vision, commitment and enthusiasm, I thank Adele Carles, Dawn Jecks, Christine Cunningham and Andrew Sullivan. My sincere appreciation also goes to Sol Hanna, Rob Delves and Colin Booth, and I am grateful to James Mumme, Andrea Callaghan, Michael Bennett, Serena Breadmore, Roslyn Harman, Nicola Wiseman and Kim Lisson. I apologise to members if that sounded like a metrosexual zoo. I am also deeply grateful to a dozen or so individuals who interrupted their work lives and normal routine and sacrificed time with family and friends to wage last year’s professional campaign in a difficult snap election, including Rachel Pemberton, Trish Cowcher, Adie Wilmot, Dave Paris, Jonathan Hallett, Luke Edmonds and Kate Davis. Finally, I thank the officers and staff of Parliament House for making me feel so welcome and for providing such high-quality induction materials and support for new members. On reflection on the events over the past few years, and looking back at the inaugural speech I delivered on 31 March 2005, it is clear that some things change and some things remain the same. Australia changed our national leader by electing the Australian Labor Party and Kevin Rudd as Prime Minister. Western Australia

5130 [COUNCIL - Wednesday, 17 June 2009] elected to Canberra a second Greens senator, Scott Ludlam, who presented a climate of hope to electors with visions for sustainable cities and an economy based on renewable energy sources. Then the double whammy of climate change and peak oil intensified with the global financial collapse into what we now refer to as the “triple crunch”. On the world stage, a new player appeared with a dramatically different agenda. President Barack Obama made history as the first black man to be elected as the United States President. His campaign for change we can believe in evoked memories of the 1950s US civil rights movement, Martin Luther King Jr and John F. Kennedy. His first legislative action was to sign an act giving women equal pay. This is a battle that many thought we had already won. Here in Western Australia this battle is still being waged. President Obama also had the wisdom to include green jobs in his stimulus package and to employ energy advisers who are long-term experts in renewable energy, not lobbyists for fossil fuels. His presidency has the potential to herald a global shift in politics that focuses on opportunities and community building rather than dividing and conquering. Here in Australia the changes under our new Prime Minister include a long overdue apology to Indigenous Australians, a national strategy and a new ministry for social inclusion, a national affordable housing strategy, national consultation on human rights, and the release of asylum seekers in detention centres. Unfortunately, in recent months world events have led to a number of asylum seekers fleeing their countries and seeking refuge in Australia—escaping from violence, civil war, and persecution from regimes that do not tolerate political, religious or sexual differences. In Western Australia we have witnessed the detention of more asylum seekers, with 340 on Christmas Island and seven in the Perth Immigration Detention Centre at the airport. Australia-wide 100 children under 18 years of age are in detention, but at least they are not being held in detention centres. Things have changed in the climate change debate, too. Not so long ago, this Parliament shunned the climate change debate; now it is widely accepted and documented. I particularly enjoyed Hon Phil Gardiner’s speech on climate change the other day. Commonwealth Scientific and Industrial Research Organisation and Bureau of Meteorology projections reveal that no matter what the cause, climate change is upon us. We have been shocked and dismayed by the Rudd government’s proposed carbon pollution reduction scheme, which is aptly referred to as the “continue polluting regardless scheme”. All indications are that this Australian government will not effectively tackle the single most important public policy challenge of our time—that is, the transformation to a low carbon-no carbon economy to arrest greenhouse emissions. This makes it all the more important for Western Australia to demonstrate leadership in this area. Taking a closer look in Western Australia at those things that have changed and those that remain the same, I know that in the four years since 2005 the state economy soared high on the back of our resource sector and an unprecedented economic boom. We are in a good position to face the challenges of the triple crunch, yet it must be said that the state government failed to make the most of those booming years. In my view, we missed a golden, or perhaps I should say ironclad, opportunity to build a foundation for social inclusion. The “no room in the boom” campaign lobbied for an increase of 3 300 public housing units each year to increase public housing to six per cent of all housing stock. Public housing is declining in Western Australia while the waiting list grows. Secure accommodation is the most important factor in putting people who are doing it tough back on their feet. With a place to call home, people can attend school, improve their health, hold down a job and become part of the community. In the South Metropolitan Region, our outdated transport planning threatens to destroy one of the last remaining wetlands on the Swan coastal plain; a habitat for migratory birds and threatened species and an Aboriginal cultural heritage site. Mr President, members have already heard in question time some of my concerns about the proposal for a Roe Highway stage 8 extension through the Beeliar wetlands. These concerns are unchanged from 2005 when I implored the then Carpenter government to delete stage 8 of Roe Highway from the metropolitan region scheme. This road to nowhere would not solve truck traffic problems along Leach Highway. Although the previous government went some way to proving that better options exist, unfortunately it failed to delete the proposed road. Today we face the challenge not only to save the Beeliar wetlands, but also to ensure that the Fremantle eastern bybass remains dead and buried. This challenge is one of many that remain unresolved after four years. Therefore, it is with wry humour and, hopefully, the support of many members both on this side of the house and opposite that I set on a mission to make a difference this time around as I have considerably more than a 94-day term. There is a better solution to our transport and planning dilemmas, and better than roads. Take, for example, the following development proposals along our coast. The Cockburn coast plan has been released. Here is the perfect location for a carbon-free sustainable iconic development. Some people might think it is known as NPQ, an abbreviation for North Port Quay. Although NPQ was represented as an exciting city plan, it was quite simply in the wrong place, being touted to be constructed offshore, just off the working port in Fremantle. Whereas in Cockburn these brilliant suggestions for water recycling, electric cars and renewable power can be implemented without having to first mine and then truck in tonnes of limestone infill to build the islands as proposed by the developer consortium.

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As well, the Cockburn development near South Beach is in trouble. The beachfront has all but eroded, as has the hope of building two of four tower blocks due to financial constraints. The case arguing against its sustainability credentials is articulated in my inaugural speech in 2005. Some things change and some remain the same. Proposals to develop our metropolitan coast have mobilised communities from Moore River to Warnbro Sound. We achieved some success in improving the planned urban village now taking place at Leighton Beach to incorporate a regional beach park. I can expect that much of my term will be focused on improving the sustainability of proposed developments and preserving public space and coastal environments for future generations. Of those things that have not changed but remain the same, the transport of sheep from Fremantle is the most haunting. In the four years since I last spoke in this Council, 145 716 sheep have suffered and died en route to the Middle East. Our animal cruelty laws have fallen short of protecting them. These sheep are loaded onto trucks, hauled to the port and then shunted onto ships of varying condition. Just on Monday this week a new online campaign to end live exports, Handle With Care, was launched. Supported by Animals Australia, the RSPCA, Compassion in World Farming and the World Society for the Protection of Animals, the humanechain.org website states — You can help to end the cruelty of live sheep export from Australia to the Middle East and stop the needless deaths of tens of thousands of animals a year en route. During their transport by sea, sheep are generally confined in poorly lit, cramped conditions. They are at risk of injury, heat stress and disease. Many starve due to stress or because they fail to recognise unfamiliar pellets as food. The sheep that do reach the Middle East are often exposed to appalling handling and slaughter techniques that would neither be legal nor tolerated in Australia. But worst of all, this suffering is completely unnecessary, as alternatives do exist. Since 1985, when a Senate inquiry found that the trade was inimical to animal welfare and should be banned, the community has waited for the government to take action. Sometimes it has to wait. If there is one lesson echoing back in almost every childhood, it is that sometimes one has to wait. Members will easily relate to this principle by reflecting on the eight-month wait from the extremely early election in September 2008 to our inauguration on 22 May 2009. Even now many of us are waiting—some less patiently than others—to establish our offices. But, Mr President, I will draw members’ attention to a few more things that Western Australians are waiting for. Though we have some of the best laws in the country for gays and lesbians, unfortunately, these laws are slow in being implemented. We still have really high suicide rates amongst gay men. When Hon Colin Holt was talking about the suicide rates in the country, I thought immediately of that. We have problems with homelessness amongst gay youth, and bullying. I congratulate the Labor Party for passing these laws, but we still need to work on implementing them to protect the human rights of these people. I must acknowledge that I am in that community and so I have a special interest in it. A critical issue that comes to mind is the long overdue expansion of WA’s renewable energy industry. The peak in oil production was first predicted in the 1950s by United States geologist M. King Hubbert. Simply put, if it takes the energy of a barrel of oil to extract a barrel of oil, then further extraction is pointless, no matter what the price of oil may be. Leading-edge researchers predict a combined global oil and gas peak some time between 2005 and 2011. WA, which supports a globally significant energy industry, needs a transition strategy that does not hinge on more coal-fired power plants. WA is rich in potential for wave energy, solar power, wind farms, geothermal power and new generation biofuels, yet the state government insists on squandering tax dollars to subsidise and build new coal-fired power stations. These greenhouse gas factories bring the globe closer to climate catastrophe. At this point, I am kind of glad that this is my inaugural speech, Mr President. On our watch, WA flora and fauna are threatened with extinction due to degradation or loss of habitat and changes in weather. We need to prepare for higher temperatures, less rainfall, and more frequent and more severe droughts. On our watch, coastal communities are endangered by severe storms, coastal erosion and rising sea levels. Climate change will have significant impacts on agriculture, water supply, settlements and infrastructure, natural resources, biodiversity and human health. Though the destructive impacts are predictable, our state government continues to support new coal-fired power stations, approve developments along the coastline and destroy native habitats for urban sprawl. For sensible planning policies, sometimes we have to wait. For emergency accommodation and secure, affordable housing, we have to wait. In fact, people have to wait 18 months for high-priority accommodation. With more than 20 092 people on the waiting list for public housing, they have to wait a long time. This state government could make a real difference to WA’s future simply by adding more housing to its public housing stock. While the capital outlay is significant, the benefits are even more so.

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This housing, whether it is newly constructed or retrofitted, could be the cornerstone to develop Perth into a transition town to put us in a better position to thrive in a post-carbon society. Public housing could be built to be energy efficient, making the most of passive energy design, renewable power and water efficiency. This housing, with cheaper energy and water bills, could set the tone for a whole walkable neighbourhood. With employment and services within a 20-minute walk, the pressures on our road system and the demand for energy would diminish. For more sustainable cities, sometimes we have to wait. A human rights consultation is timely. In WA, we recently bore witness to a continuation of human rights abuses as evidenced by the recent death of Mr Ward while in the care of the state in custody. On Saturday, Western Australians will gather in Forrest Place once again to cry out for justice and human rights when we protest the death in custody of Mr Ward. For decades people have died in custodial care. For decades we have rallied for justice. Since 1993, following the Royal Commission into Aboriginal Deaths in Custody, from 1987 to 1991 the Aboriginal Deaths in Custody Watch Committee of WA has monitored the implementation of the royal commission’s recommendations. The committee reports that WA continues to incarcerate people at a rate far higher than any other state and, in particular, has a huge overrepresentation of Aboriginal prisoners, with the result that they make up just over 40 per cent of deaths in custody. This is one of those times when the wait for justice has been too long and the consequences dire. Like many before me, I call on this government to take urgent action to protect human rights and prevent this suffering. Yes, sometimes we have to wait but while we wait, we have not chosen to rest. I quote: “We who believe in freedom cannot rest, we who believe in freedom cannot rest until it comes.” In those moving lyrics from American civil rights activist Ella Baker, sung by Sweet Honey in the Rock, Bernice Johnson Reagon provides an anthem for the struggle for freedom and justice. This struggle continues right here in Western Australia. Like my colleagues, and in response to the community, I will not rest until the state government acts to ensure that people in custody are safe, to reduce Indigenous imprisonment rates in WA, and to tackle racism in the justice system in WA. In concluding my speech tonight, I am mindful of those who have gone before and those yet to be born. With the deepest love and respect, I remember my late father Alan, my mother Madeline and her partner Walter. I express my gratitude for the wisdom, compassion and loving kindness of my mother, who could not be here in person this evening but who I hope is able to use the World Wide Web to be with us. I pledge that I will bring to this Parliament my intellect, my abilities and my sense of humour to pursue my aim of creating a better world. [Applause.] Debate adjourned, on motion by Hon Ken Baston. MAJOR EVENTS (AERIAL ADVERTISING) BILL 2009 Second Reading Resumed from an earlier stage of the sitting. HON GIZ WATSON (North Metropolitan) [8.48 pm]: Earlier I raised the issue of the possibility that this legislation will impact on not-for-profit organisations that might seek to use an event to make a point about some political or human rights issue. It seems to me that human rights and community or political messages by not- for-profit groups are not the sort of competitive marketing that this bill is aimed at; however, this bill does not clearly exclude them. This creates a potential for censorship, especially self-censorship, by not-for-profit organisations that cannot afford to take the risk of being wrong in their interpretation of this law. This issue was raised by my colleague in Victoria. My recommendation is that this issue could be dealt with by an amendment to the bill either by way of regulation or by conditions on the event orders. I suggest that this amendment would be one that would not offend the purpose of the bill, but, by amending the definition of “advertising” in clause 3 to exclude advertising by a not-for-profit organisation or an organisation established for public purpose, it would not transgress the purpose of the bill to deal with commercial competition. The second matter I want to raise by way of my second reading contribution is the issue around publication of the existence of an event order. This is covered under clause 5(1) and (3) of the bill. Clause 5(4) provides — Failure to publicise that an event is covered by the event order … does not render the event order void. That is, ignorance is no excuse for breaching the order. Under clause 5(1) an event order is published in the Government Gazette, but that is all. I am not sure whether the Government Gazette has a particularly wide readership. There would seem to be sufficient advertising of major national and international events for publicity to include notice of the existence of an order. I note that at the briefing I kindly received I was not advised of any reason why the existence of an event order cannot be more widely publicised. I ask for an indication from the minister whether there can be some assurance that, in the advertising of the event, there could be the capacity to acknowledge that the event is subject to an event order. In that way it is

[COUNCIL - Wednesday, 17 June 2009] 5133 made clear in a public way that an event is covered by legal protections that do not normally pertain to events. In that way it is not asking the government to put a special notice in The West Australian, which would incur a cost, but in the advertising of very large national and international events—which are the only ones that would be subject to an event order—the organisers would be asked to include an event order in any publicity. That would go a long way to alleviate my concern. I understand that ignorance is no defence in this matter, but it would make it abundantly clear and it would be at no extra cost to the organisers to put an extra sentence on the bottom of their event advertising. The next matter relates to the reversal of onus for body corporate officers under clause 16. Clause 16(2) and (4) provide that if a body corporate commits an offence by breaching an event order, every person who was an officer of that body corporate at the time is also taken to have committed the offence. Clause 16(5) reverses the onus of proof so that rather than the prosecution having to prove the officer was involved in, or at least knew of, the breach, it is for the defence to prove the officer did not consent to or connive in the offence and, in addition, did everything she or he could reasonably do to prevent it. I also note that clause 11 of this bill provides that the maximum penalty is a fine of $250 000, which is a substantial fine. Although I acknowledge the aim is to deter breaches and to ensure that a prosecution is not stymied if the body corporate that commits the breach is, for example, just a 50c company, I also acknowledge that company directors hold particular duties and in general should and would know what the company was up to. I am also aware that section 81 of the Fair Trading Act 1987 has a similar provision. However, for the following reasons I consider that reversing the onus so that the officers must prove their innocence rather than the prosecution having to prove their guilt is not appropriate. As members know, our law has long provided that in criminal cases, including the most serious ones, the prosecution must prove a person’s guilt to get a conviction. This is one of the most fundamental principles that our system is based on. It is an extremely valuable human right. It should attract Parliament’s protection, not erosion, as in this bill. Although the Fair Trading Act 1987 goes the other way in some respects, section 69 of that act limits the penalty for a person other than a body corporate to a maximum of $20 000. The maximum penalty in this bill is more than 12 times that amount. That act is therefore not at all a precedent for what is proposed in the bill. Section 7 of the Criminal Code, which deems a person guilty of an offence committed by someone else, applies only when a person is actively involved—for example, in aiding, counselling or procuring the person who committed the offence, or doing something or omitting to do something for the purpose of enabling or aiding the person who committed the offence. That section requires the prosecution to prove the person’s active involvement, not for the defence to prove innocence. Clause 189(1) of the Major Sporting Events Bill 2009 currently being considered by the Victorian Parliament, which deals with aerial advertising, amongst other things, provides — If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision — This is the important bit — if the officer knowingly authorised or permitted the contravention. Again, that clause does not reverse the onus from the prosecution having to prove the person’s active involvement. Section 41(1) of the Homebush Motor Racing (Sydney 400) Act 2008, which is a similar type of legislation—in fact, it is an interstate law that deals with aerial advertising—provides — If a corporation contravenes, whether by act or omission, any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation is taken to have contravened the same provision I emphasise — if the person knowingly authorised or permitted the contravention. Once again, that section does not reverse the onus on the prosecution to prove the person’s active involvement. We have requested the precedent for this provision in the bill, but to date that information has not been provided. As far as I can tell, there does not seem to be any precedent in Western Australia. I put it to the minister that similar legislation in Victoria and New South Wales does not have this provision, which reverses the onus of proof. I suggest that if it is considered appropriate in those jurisdictions that their legislation include the proviso “if the person knowingly authorised or permitted the contravention”, we should consider the same approach in Western Australia. I encourage members to consider that the reversal of onus of proof should be used only in the

5134 [COUNCIL - Wednesday, 17 June 2009] rarest of circumstances. Certainly, the Greens (WA) have supported such a reversal on only a handful of occasions. It seems to me that in this piece of legislation a reversal is not warranted, and other jurisdictions in Australia dealing with a similar intent have not chosen to draft for a reversal of onus of proof, particularly bearing in mind that the penalty is significant at $250 000. That is considerably more than is provided for in the Fair Trading Act, which has a penalty of $20 000 for a similar breach. The bill’s erosion of the defendant’s right to be presumed innocent in the face of a penalty of up to a quarter of a million dollars appears to be both unprecedented and, in our view, unjustified. We request the minister’s response on this. As I said, this issue was raised in the briefing that I received on this bill and perhaps the government has had time to consider whether it will amend the bill to accommodate provisions similar to those in Victoria and New South Wales. That concludes my comments. I will make some further contribution in the committee stage. HON KEN TRAVERS (North Metropolitan) [9.00 pm]: I just want to indicate that the opposition will be supporting this legislation—I had originally intended to say “in policy and in detail”, but there was probably some benefit in Hon Giz Watson speaking before me, because I was not previously aware of the issues and the concerns that she raised. I certainly look forward to pursuing some of those matters in a little more detail so that I may understand them. I would be looking for a commitment from the minister that certainly some of the concerns with what is deemed to be advertising at these events are intended to be addressed. That issue is probably more for the minister to answer, but I note that debate has certainly been raised in other places. To briefly go back over the purpose of the bill, Hon John Kobelke originally developed it when he was Minister for Sport and Recreation. It followed requests from sporting organisations around Western Australia that go to great trouble and expense to put on major events. Obviously, part of the way in which they fund those events is to sell advertising rights and sponsorship. If someone comes in and seeks to ambush the marketing at those events, it takes away the capacity of an organisation that originally put an event together to maximise its return. It also diminishes the value of sponsorship if other people can go along and put up their advertising. We are obviously talking about fairly significant events. The intention of the legislation is not to cover every minor event but to deal with fairly major events. Cricket Australia test matches are such events. The second reading speech of the minister in the other place, to which I know I should not be referring, but not the second reading speech of the minister in this place, made reference to the Red Bull Air Race. The previous government brought that event to the state. It has been hailed as a significant and successful event for promoting Western Australia around the world. At an event such as that, people do not want the opportunity to exist for someone to steal the limelight by not making a contribution to the event but being able to put up advertising material with a blimp or hang-glider, or even skywriting advertising material with aircraft. This legislation is therefore about providing that benefit. One of my concerns is that Western Australia may not continue to have the sorts of events that this legislation is intending to cover because the government does not have a policy to have any decent stadia in Western Australia in which to host such events. We saw at the weekend the announcement made in Canberra for Australia’s bid to become the host nation for the FIFA World Cup in 2018 or 2022. I imagine that event would very clearly be seeking the protection of this legislation to prevent people who are not part of the official sponsorship of the FIFA World Cup being able to ambush the marketing at that event. However, the problem we have is that even if we pass this legislation, because the current government does not have a policy for the construction of new stadia in Western Australia, it is possible Western Australia may not be able to be a part of that bid and that Western Australia may be left out of the national bid for the FIFA World Cup. That would mean we would be passing legislation tonight, but because the current government cannot work out a plan, policy or strategy to construct stadia, passing this legislation may be, to some degree, a waste of time because Western Australia will not get the sorts of events that need this legislation. A brand-new Subiaco stadium for 60 000 people would be a fantastic venue for hosting the sorts of major events at which we would want to stop aerial advertising by competing commercial interests over and above the sponsors of such an event. My concern is that we do not have that. Under the current government’s policies, we will not have a 60 000 seat stadium or even a 25 000 seat stadium at the current Members Equity Stadium. I am not sure whether a 25 000 seat stadium would have sufficient capacity for the Western Force and the Super 14 competition. I do not know whether Members Equity Stadium will be of sufficient capacity for Western Force to seek the protection that will be provided under this legislation. The current capacity is 18 000 seats, and there is very little capacity for corporate sponsorship. I suspect it will be very difficult to sell corporate sponsorship to such an extent that legislation such as this would be necessary. The opposition supports this legislation and thinks it is very important for attracting major international events to Western Australia. However, it is not good enough to just progress this legislation; the government also needs to have the policies, process and vision to develop the stadia that will attract such events. That is where the government is lacking and is falling down. It has picked up this very good piece of legislation, developed by Hon John Kobelke, but it has not picked up the other half of the package, which is to develop a major stadium in Western Australia that will allow us to attract and host the sorts of events we need in Western Australia. Like many things in life, this is about developing a complete and total package. We cannot have one

[COUNCIL - Wednesday, 17 June 2009] 5135 half of the package without the other half and still achieve the same results. The government is keen to progress this legislation, but it is sitting on its backside and doing nothing about progressing the other, perhaps more important, half of the package, which is the major stadium. This bill will be very useful in assisting Western Australia to attract and be part of the FIFA World Cup in 2018 and 2022. I certainly hope that Australia is successful in its bid to host the World Cup, but I am very concerned that Western Australia may not be part of that bid. This legislation will certainly help us in one aspect, but the government’s complete inability to develop some kind of coherent strategy for stadia will leave Western Australia out in the cold. We will pass this piece of legislation, hopefully in the next day or two, through this place — Hon Simon O’Brien: Yeah, right! Hon KEN TRAVERS: Sorry? Hon Norman Moore: It’s all right; I just thought you might get onto the bill sometime! Hon KEN TRAVERS: Hon George Cash used to say to me when I sat on that side to be careful about making interjections, because when one makes an interjection to suggest that a member has not been talking about the bill before the house, it says that either the interjector has not been listening, or the member on his feet needs to go through what he is saying a little more clearly and step by step. Hon Norman Moore: Why not start again, if you reckon it’s relevant? You’re filibustering anyway, so you might as well double it up. Hon KEN TRAVERS: This is where Hon Norman Moore has made a very foolish error, because he does not understand the purpose of this bill. The purpose of this bill — Hon Norman Moore: You told us to look after Red Bull a minute ago because the previous government attracted Red Bull here. Do you think the stadium’s going to have any effect on Red Bull? Hon KEN TRAVERS: Hon Norman Moore is clearly demonstrating his inability to understand how to attract major events to Western Australia. Hon Norman Moore: Mate, I know more about attracting major events than you’ll ever know in your whole life, so don’t start giving me a lecture about this. Hon KEN TRAVERS: What major events did Hon Norman Moore attract? I can go through the ones he lost. The DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): Order, members! I think it is probably appropriate that we, in a manner of speaking, cut to the chase. I think it might be appropriate, Hon Ken Travers, to just keep the ball rolling, if you would not mind, please. Seriously, I would like Hon Ken Travers to continue, as the cross- chamber discussions are deteriorating somewhat. I ask the member to move on. Hon KEN TRAVERS: Thank you, Mr Deputy President. I will address my comments to you in the chair, and hopefully that will mean that I will be able to progress this matter. For the benefit of members in this chamber, I want to very quickly re-state the key issues so that the Leader of the House, who is handling this bill for the government, can properly understand the linkage and the importance of a bill such as this. This bill should be part of a package that we are putting together as a state to attract international events to this state. The Leader of the Opposition is absolutely right. For the Red Bull Air Race, we do not need a stadium. For Rally Australia, we do need a stadium. However, for events such as those, we will still need this bill—although probably not to the same degree—so that those events can be protected from people who get into the air space above those events and try to ambush the market and get their advertising across without having made any contribution to those events. The other point that needs to be made is that the vast majority of the events that will be seeking to have this legislation apply to them will require a major stadium. Many of the events around the world that we might want to attract to this state require a stadium that will seat up to 50 000 people. That has been the case for many years for many events. It is interesting that when the last upgrade of Subiaco Oval was done in the 1980s, it was developed to seat only 44 000 people. That means that this state is not able to attract events that require seating for 50 000 people. For the past 10 or 15 years since that upgrade, this state has been unable to attract a number of events. I think the World Championships in Athletics also require a stadium that can seat 50 000 people. It is wonderful that the government has decided to progress this piece of legislation, which was started by Hon John Kobelke, and bring it into this chamber. However, the government also needs to understand that it is no good bringing in this legislation if it does not also put together the rest of the package that is required to attract the sorts of events that this bill is seeking to protect. That will require a new major stadium. I am concerned that the government will be floundering around for the next 10 years, because although it is prepared to pick up bits of the work that have been left over from Hon John Kobelke, it is not prepared to accept the main part of that

5136 [COUNCIL - Wednesday, 17 June 2009] work—that is, the recommendation from the Major Stadia Taskforce that the best option for Western Australia is that a 60 000-seat stadium be built as a new stadium alongside Subiaco Oval, and that eventually the old Subiaco Oval be pulled down. That was part of the total package—which this bill is an important part of—to bring international events into Western Australia. I hope that the Leader of the House is now better able to understand that there will be innumerable international events over the next 30 years that we will be seeking to attract to this state and that will give us television courage and promote Western Australia into our key tourism markets. We will be able to say to organisations that we can protect them, we can protect their sponsors’ interests and we can protect the interests of the organisations that put together the events because we have an act of Parliament—the proposed Major Events (Aerial Advertising) Act 2009. It will mean that they can seek protection that will give them the exclusive—for want of a better term—air rights around the location of the event. As I said, a classic event that was talked about on the weekend was the FIFA World Cup, which I understand is the largest event in the world, even larger than the Olympic Games. There is no doubt in my mind that if we were able to attract that event to Western Australia, it would be fantastic for Western Australia. I have no doubt that when Australia’s bid is put together and entered in FIFA’s bid book at the end of this year, one thing that will be listed in it will be the protections that each state will grant under their acts of Parliament to ensure big sponsors who are sold advertising rights to the FIFA World Cup in 2018 or 2022 will have protection. That would be a fantastic initiative and a fantastic benefit. It would be a benefit because we would have this act of Parliament. However, I come back to the difficulty that we have; that is, we do not have the other half of the strategy to attract the event to Western Australia. We do not have the stadia. We have rumours about the government spending $250 million on a boutique stadium with 25 000 seats which could extend to 45 000 seats, but which would be pulled down later. If the government intends to do that, why would it not instead spend the $600 million that it will end up spending on redeveloping the football stadium to 52 000 seats. The government could put in $25 million and go away and build a brand-new, purpose-built 60 000-seat stadium with retractable seating, which would allow us to attract the sorts of events that this bill will otherwise help us to attract. This bill is, therefore, about putting together that package. It is important that if and when we pass this legislation, the next activity of government should be to sit up, take note of these issues, and not try to defer them and put them off into the never-never. Those decisions need to be made and dealt with now; otherwise, there is an argument to say that we might as well not pass this legislation this evening and we could probably leave it for another couple of years, because the sorts of events that would benefit from the passage of this legislation will not be attracted to Western Australia as we will be out of the ballpark. We will be out of the ballpark once we do not have the sorts of stadia that we need. As Hon Giz Watson mentioned, Victoria has legislation like this. It also has some fantastic facilities. Victoria has the Telstra Dome, or Etihad Stadium as it is called now. When I walked into it I could see that it left Subiaco for dead. Victoria is constructing a new rectangular stadium in Olympic Park with 31 000 seats for $260 million. It will be a fantastic facility in Melbourne, which I had the opportunity to look at recently. It is impressive to the max. It will attract events. Victoria understands the importance of having stadia and is building them. Members who go there will see that Victoria has a 10 000-seat stadium, a 15 000-seat stadium, it will have a 30 000-seat stadium, it has a 50 000-seat stadium and a 100 000-seat stadium. It has a stadium for all events. Two of them, the 10 000-seat stadium and the 15 000-seat stadium, do not need legislation such as this bill. However, I assure members that Victoria’s equivalent legislation for the three large stadia—the 31 000-seat stadium that is being built, the 50 000-seat Telstra Dome, or Etihad Stadium, and Melbourne Cricket Ground—will be used on a regular basis and will protect the hosts of events there. Victoria is able to present a great package to people. Cricket Australia, and any other organisation that wants to hold a great event, knows that the whole package is there. The opposition is happy to support this legislation but we urge the government not to do half the job, but to do the complete job. Get this legislation through Parliament but then get on with the other half of it; get on with actually having a plan, a policy and a vision for stadia in Western Australia. Do not just sit back and let the world go by, because these events are important to Western Australia. They are not just about watching the cricket, the rugby or an air race; they are actually important to the economy of Western Australia, and that is why this legislation is very important. It will actually create jobs in Western Australia and keep people employed. Construction of the stadium will keep people employed during the construction phase, but this legislation and the events that will come as a result of the new stadium will keep people employed in the tourism industry for years to come. It is about generating economic impacts for Western Australia. It is about creating jobs in the tourism industry, an industry that is doing it tough at the moment. That is why this legislation will be important. But we need to get the total package. It is always a sad thing when someone picks up half a package without realising how important the other parts of the package are. The opposition will be happy to support this legislation. I am looking forward to listening to the debate, and we will then have to make up our minds about what we do about those amendments, if Hon Giz Watson intends to

[COUNCIL - Wednesday, 17 June 2009] 5137 proceed with them. I have not seen any amendments, so I am not aware of their content, but if she proceeds with them, we will look at them and consider them as we work through. I am not sure whether all the amendments are needed. I hope that the minister will give commitments in his response to the second reading debate or during the committee stage. I know that the minister has so far given commitments about how he intends this bill to be interpreted, but it is important to get that on the record for the future. Hopefully that will mean that we will not require amendments in that area. We look forward to listening to the debate about the other areas. This legislation was developed by Hon John Kobelke when he was Minister for Sport and Recreation, along with many other great initiatives for sport and recreation in this state. It has been picked up by the current minister, and I congratulate him for that. It will be a very useful addition to the armoury we have in Western Australia for attracting major events that can create jobs and economic benefits for Western Australia. HON WENDY DUNCAN (Mining and Pastoral — Parliamentary Secretary) [9.23 pm]: I rise to indicate that the Nationals will support the Major Events (Aerial Advertising) Bill 2009. As other speakers have indicated, it is designed to prevent ambush marketing. There have been examples of ambush marketing in the past that have caused considerable consternation. A particular incident was when the Holden blimp appeared over the top of the Australian Football League grand final, which was sponsored by Toyota, and caused a good deal of consternation to the major sponsor. These major events are very dependent on their sponsorship. They are very expensive to run, and it is expensive to get the players onto the ground. The organisers of these events need to be able to go to their sponsors secure in the knowledge that if they give a commitment to the sponsors of a particular event, those sponsors will have exclusive rights to the event and the opportunity to enjoy the benefits of the advertising they place at that particular event without it being hijacked by others who have not had to pay at all. The International Cricket Council warned that tournaments would not go ahead in cities that do not have legislation like this and do not provide exclusive rights to sponsors. Peter Young of Cricket Australia said that his organisation is looking for absolute protection from ambush marketers when allocating games. That protection already exists in Melbourne and Sydney, and we need to provide that protection here in Western Australia to be able to attract major events. As Hon Ken Travers said, these events provide not only the opportunity for our residents to see international players and events, but also jobs and economic activity for our community and our state. Similar legislation has been introduced in other states to protect the Grand Prix, the Australian Tennis Open, the AFL Grand Final, the Melbourne Cup and the 2006 Commonwealth Games, and temporary legislation was also introduced at the time of the 2000 Olympic Games. Therefore, I think it is well acknowledged that if we are to compete with other Australian states in attracting major events, we need this legislation to ensure that our sporting events can attract the high level of sponsorship that is required. I will not add any more because the bill has been discussed at reasonable length, and I understand that we need to move on with this. I record for the house that the Nationals will support this legislation. HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [9.26 pm] — in reply: I thank members for their contributions to the Major Events (Aerial Advertising) Bill 2009. I also thank Hon Ken Travers for his contribution, most of which was not directed to the bill. However, we will come to that shortly. I have checked out a number of the issues raised by Hon Giz Watson, but have not had the opportunity to look into some of the issues the member raised. In respect of whether the Magistrates Court has jurisdiction over the penalties attached to this legislation, my advice is that it does and that there is no issue with that matter. The member raised the issue of the activities of not-for-profit groups that might seek to use major events as an opportunity to promote their cause. The advice I have is that the definition of “advertising” in aerial advertising means bringing to the attention of a section of the public the availability of goods or services; therefore, goods and services have to be part of the promotion, or, in other words, part of the advertising. The name of the brand of the goods or services or the name of the person who provides the goods or services is also part of the advertising; for example, Rick Hart, or someone like that, is the name of the person who owns the company. The view is that that would not preclude anybody else who wants to make a statement of some description that is not related to goods and services from doing so. If Greenpeace were advertising goods and services, such as “come along and buy a Greenpeace T-shirt”, I suggest that that would be in breach of the legislation, as it should be. However, I would not have thought that not-for-profit organisations, such as those that Hon Giz Watson talked about, would take advantage of these occasions to promote their causes, knowing full well that people are there for a sporting event and not to be confronted by some political campaign that somebody might want to run at the time. That is another story for another day, but my view is that the sorts of things that the member has raised as matters of concern are not matters for concern because of the definition of “advertising”. However, I will seek to get any legal advice that I might be able to get my hands on that might make the member more satisfied in respect of that matter. Hon Giz Watson suggested that we should make public in the advertising for an event that it is covered by this legislation. I think that is probably a good idea, and I will mention that to the Minister for Sport and Recreation

5138 [COUNCIL - Wednesday, 17 June 2009] and suggest that that might be done. The member talked on clause 16 at great length from a very legal perspective. I will seek some information about that; I have not had a chance to talk to any legal people about that clause. When I finish my reply to the second reading debate, I propose to hold the second reading vote. Hopefully, the house will agree to the second reading stage and we will hold the committee stage at another time, when I have had a chance to do a couple of things. I will double-check, firstly, the definition of “advertising” to ensure that there are no question marks about what constitutes advertising and what does not, and, secondly, the question of the reversal of the onus of proof in clause 16. The Greens have indicated their support in principle for the bill. That should hopefully get us through the second reading vote, and we will deal with the detail later on. Hon Ken Travers gave a long dissertation about what a good bill it is, because it was produced by the previous government. Of course that is acknowledged. One would therefore expect that the previous government members, the now opposition members, would find no fault with the bill in view of the fact that they created it. It is rather extraordinary that this could be the second time in a very short period that members of the opposition in this house, who were members of a government that created legislation, are now telling the government that it is not adequate. Maybe it means they did not look at it carefully enough when they were in government. I am happy to argue the case if I think this bill is inadequate, because members opposite have explained to me that it is. If I accept their argument, the government will amend it. It is a touch ironic that we have a member get up and say, “This is Mr Kobelke’s bill. It is a wonderful initiative of the last government.” It probably is. I do not know whether the member can find fault with the bill, but he is waiting for answers to the matters raised by Hon Giz Watson. Hon Ken Travers interjected. Hon NORMAN MOORE: I listened to what Hon Ken Travers said, but I will not listen to him now because I am sick of hearing his voice. If it turns out that, as per the debate the other night on another bill, the now opposition finds fault with legislation it created, that is a good thing. We heard all about stadia. I advise Hon Ken Travers that the word “stadia” is the plural of “stadium”, and the member used “stadia” on several occasions. I felt like interjecting and then I realised that I should not, because I tried once and got into trouble; therefore, I did not do it again. How many stadiums, or stadia, does the member want? It is extraordinary that we have an opposition member telling the government that it should get itself a vision of building stadiums around Western Australia when the previous government had seven and a half years of the greatest boom in this state’s history and its vision was that it would build a multipurpose stadium in four years; that is, it was talking about getting its vision in place 12 years after it became the government. We have been in government for eight months, and the member wants us to have a vision right now. I also mention to Hon Ken Travers that we actually have an economic crisis to which this state is not immune. The state’s revenues have been significantly slashed. Has the member not noticed that yet? Does he think that royalties for regions should be slashed and we should build a stadium with the money? Is that what he thinks we should do? Hon Ken Travers: No. I have already explained how I think you will pay for it. Hon NORMAN MOORE: He cannot have everything he wants, plus other things, at a time when revenues are significantly reduced. It is a simple fact of life that the state’s finances are in significant trouble because not enough money is coming in and too much is going out. The opposition wants us to commit to a $1 billion stadium now in this economic crisis. That would be ridiculous and reckless. We have decided that we will defer consideration of this major capital expenditure for two years. The cost of the stadium was to be $1 billion when the opposition was in government. I do not know what it will be in five years—probably $1.5 billion. I might add that the last redevelopment of Subiaco Oval, which involved half the oval—not what the opposition had in mind for its proposed stadium—cost $30 million. The opposition wants us to spend $1 billion. I do not know what we would get for $1 billion when I can see what we got for $30 million. I was the minister when it happened. It is an extraordinary state of affairs that we are talking about a vast amount of money for a new multipurpose stadium. At the same time, cricket and rugby do not want to go there and footy is lukewarm about it. Are we going to tell them that this is what we will do whether they like it or not and we will spend $1 billion of taxpayers’ money? The bottom line is that this government will look at it again in the context of its current finances and seek to provide what the sporting world needs in terms of stadia. Hon Ken Travers: Which is fine, but then you are saying that you will not support being part of the World Cup bid. Just admit it. Hon NORMAN MOORE: When did I say anything about the World Cup bid? Hon Ken Travers: If you don’t make a decision by the end of this year, you can’t be part of the World Cup bid. The bid has to be in by the end of this year.

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Hon Simon O’Brien: Try to make your interjections relevant, please. There must be a standing order about that. Hon Ken Travers: Hon Norman Moore is responding to my speech. It is clearly relevant, otherwise the Deputy President would have ruled it out, wouldn’t he? Hon NORMAN MOORE: The member talks about something that will potentially happen in 2018 or 2022, if my memory serves me right, and he wants us to make a commitment tonight to a brand-new stadium so that we can be in the hunt for an event that is going to happen at the end of this decade and into the next decade. Hon Ken Travers interjected. The DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): Order, members! If the Leader of the House addresses his comments through the Chair, the interjections will cease and it will expedite proceedings, because it is getting fairly late in the evening. Hon NORMAN MOORE: Let us just cut to the quick on this quickly. The member is saying that the government should commit to a new stadium now that would be able hold a FIFA World Cup soccer match or two, on the expectation that Australia might get the World Cup in 2018 or 2022, and he reckons that we should be prudent economic managers. Is that what he is saying? Come off the grass. Hon Ken Travers: You could give a commitment that if we are successful in the bid, we will build a stadium to host it, because, if we do not, we won’t be a part of the bid. Hon NORMAN MOORE: This issue is quite peripheral to the bill. That is why I interjected before and said, “Why don’t you talk about the bill?” The bill is about aerial advertising and protecting those organisations that are running major events, whether they are in stadiums or whether they are outdoors, such as a golf event, the Red Bull Air Race, or any other number of events such as Rally Australia, which we used to have but which was given away. Those sorts of events do not require a stadium, but they enable us to have events which are significant and which, in the modern world of advertising, require protection from predatory advertising. There has been an example, as Hon Wendy Duncan mentioned, of this type of advertising at an Australian Football League match. Therefore, the government thinks that it is appropriate that this legislation be passed to provide that protection, bearing in mind, as we all know, that the attraction of world events is not easy these days, because many, many cities in the world are seeking to attract major events. It is much harder now than it has ever been, and it is much more expensive now than it has ever been, and it is necessary for government to get significant advertising to finance these events. Therefore, some protection for those advertisers is, in my view, warranted, so this bill should be supported. As I said, I propose to defer the committee stage until I can get some further advice on a number of matters that were raised. That is what I will do, assuming the house agrees to the second reading. Question put and passed. Bill read a second time. CHILD EXPLOITATION MATERIAL AND CLASSIFICATION LEGISLATION AMENDMENT BILL 2009 Second Reading Resumed from 6 May. HON SUE ELLERY (South Metropolitan — Leader of the Opposition) [9.38 pm]: I had intended to make a short speech. I thought “angry ant” was the expression I might use, but I thought about it a bit more, and I think that Walter Matthau in Grumpy Old Men is the better description of the impression — Hon Simon O’Brien: This is what you intend to exhibit, is it? Hon SUE ELLERY: No. It was completely unnecessary and completely missed the point of the speech, so I am tempted to take my time now when I was not going to do that before. The Child Exploitation Material and Classification Legislation Amendment Bill 2009 that is before us is an important one. Therefore, I do not want to trivialise the matters that it deals with, because it deals with something insidious. This legislation is an attempt to keep up with what is, unfortunately, an emerging, changing industry, I suppose we would call it, that is part of the dark side of society. The bill seeks to amend the Criminal Code and a couple of other bills to give effect, in part, to a commitment made by the Gallop government in the 2005 election campaign to toughen up child pornography offences. One of the important changes is to the language that is used to describe what happens. The bill will change the language from child pornography, transferring it from the WA enforcement act, to child exploitation, making it absolutely perfectly clear that the nature of the offences that are occurring relates to exploitation of children. The bill does several things. It transfers some of the existing offences. It changes the name of the material from child pornography to child exploitation, it introduces new offences into sections 217 and 218 of the Criminal Code,

5140 [COUNCIL - Wednesday, 17 June 2009] and it also increases a number of the penalties. It is right—it does reflect the nature of the offences that we are talking about—that it belongs in that collection of offences that relate to sex offences. It is right that it sits there rather than in film classification legislation or any other piece of legislation. It also reflects the changing nature—I have touched on this a bit already—of the technology and the platforms that are used for the exchange of this material in which children are depicted as being sexually and physically exploited. The awful thing— members are well aware of it—is that it is not depiction; it is actually happening to those children. We have seen some recent cases that were truly appalling. The change in technology and the change in the capacity for people to exchange this material should not be underestimated. The low cost of using the new platforms to exchange this material is truly frightening. The capacity that it gives for this industry, if I can use that word with all the horror that it deserves, to increase access by nature of the way in which material is shared is something that we need to act on as a state. I am pleased to be able to support the bill. I was pleased to receive a briefing from the government on the bill. Part of the information that was made available to me by Detective Inspector Darren Seivwright related to the file-sharing platform. Today many people download music onto their iPods and MP3 players and carry music around with them. A generation that is slightly younger than I is seriously into that. There are others around the chamber shaking their heads so obviously I am slightly out of touch. I do not have an iPod. My husband has an iPod and he uses it. The technology that my husband uses to listen to his music and the technology that my eight-year-old niece uses to listen to her music is the same technology that people can use to share pornographic material. During my briefing I was given information about the size, price and accessibility of thumb drives. The size of the thumb drive that I use to help me in my work is four gigabytes. There are various sizes of thumb drives available at commercial enterprises in Perth that are being used by people who commit these offences. A 16-gigabyte thumb drive is selling for about $49, a 32-gigabyte thumb drive is selling for about $107, and a 64-gigabyte thumb drive is selling for about $219. I cannot fill my four-gigabyte thumb drive, yet I was advised in the briefing that 64- gigabyte thumb drives, sold for $219, are being used to make this insidious material accessible. This behaviour not only destroys the lives of the children involved, but also scars all the people around those children and their families. I find that absolutely horrific. The extent to which this bill will update the way we describe the offences, recognising that the information is being shared out of these file-sharing platforms, is a really important issue. In Perth now people can buy a two- terabyte hard drive; that is, 2 048 gigabytes. That is what can be bought. A one-terabyte hard drive can be bought in Perth for $139, a 1.5-terabyte hard drive for $199, and a two-terabyte hard drive for about $489. A 64- gigabyte thumb drive can contain 374 000 pictures. A two-terabyte hard drive has the capacity to carry about 12.5 million typical Internet-obtained pictures. It is staggering the size of these file-sharing mechanisms, it is staggering that they are so accessible and it is staggering that they are being used for the purpose of sharing pictures of children being abused. It is also important to note that other Australian jurisdictions, for the most part, have acted to update their legislation to reflect these changes as well. To the extent that Western Australia is catching up, that is a good thing as well. The legislation did come in part from the commitments the former government gave in 2005. As the former government, we had given approval to draft the child exploitation provisions and to meet the commonwealth changes in respect to the packaging of DVDs. I am sure there will be a bit of a conversation about that component. It will catch up with the way that DVDs are marketed. It used to be the case that a person would buy a single movie on a single DVD. Now a person is able to buy a single DVD on which there are four, or perhaps more, movies. It is catching up and removing the kind of bureaucratic process that goes to how we classify those DVDs. Part 2 of the Child Exploitation Material and Classification Legislation Amendment Bill that is before us will ensure that the classification structures are uniform around Australia. I note that the Standing Committee on Uniform Legislation and Statutes Review issued its thirty-sixth report. Today the government tabled its response to that report. I have not had the opportunity today to read the government’s response to that report so I will avail myself of that opportunity. Hon Giz Watson made some material available to me yesterday, but I have not had the opportunity to read it today. I am flagging the opposition’s intention to support the legislation, but I do intend to look in more detail at the government’s response to the issues that were raised in the thirty-sixth report of the Standing Committee on Uniform Legislation and Statutes Review to ensure that I am satisfied that those matters have been dealt with appropriately. With those remarks, I wish it were the case that we did not have to have legislation like this, but unfortunately we do. I am pleased that our government commenced the process. I am pleased with the changes that have been made subsequent to that, which go to some of the matters that I have touched on already about the nature of the way that this material is shared. I am happy to add my voice in support of the bill

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HON GIZ WATSON (North Metropolitan) [9.50 pm]: I realise that we are getting fairly close to the end of the sitting this evening, and I notice that the Minister for Child Protection is not here, but, I ask, for my information: is Hon Simon O’Brien dealing with this bill? Hon Simon O’Brien: I represent the Attorney General in this house. Hon GIZ WATSON: I thank the minister for that clarification, which assists me. I will say at the outset that the Greens (WA) support the intent of this bill and we would like to support it, but we do have some questions, particularly in relation to the matters that have been raised by the Standing Committee on Uniform Legislation and Statutes Review. Similarly, I received the government’s response to that standing committee’s report only in the past little while, and as I have been occupied in the chamber all day, I have not had the opportunity to compare the response with the committee’s findings. That is a key issue for me, and I am unable to give a final view on whether we will support the second reading until I can avail myself of reading the government’s response. I will make some comments on the bill anyway, as well as flagging my intention. The bill represents the first substantial review of WA’s child pornography offences since 1996 and aims to reflect the many changes in information technology, media and communication methods, which is a very rapidly moving field. I can certainly support the need for amendments to keep up with those changing technologies. The bill contains important legislative changes to the Criminal Code and changes to the Classification (Publications, Films and Computer Games) Enforcement Act 1996. The bill was subject to standing order 230A and therefore was referred early in May this year to the Standing Committee on Uniform Legislation and Statutes Review. That committee reported to the house on 21 May. The committee made seven narrative form recommendations and one statutory form recommendation. In its recommendations the committee raised several points and asked the minister to explain how particular legal terms are to be defined—for example, “likely to offend a reasonable person” or “offensive and demeaning”—and how the legislation would be implemented. Importantly, the uniform legislation committee objected to the reversal of the onus of proof in proposed section 221A(1) and (2) of the Criminal Code and reported that other sections were unworkable. The standing committee made some fairly strong findings, and it is for that reason that, until I see how government has responded, I am reluctant to communicate whether, ultimately, we will support the bill. The committee also found that the bill does not comply with the report of a subcommittee of the Standing Committee of Attorneys-General, which at the end of 2004 looked at the unification of laws under the Model Criminal Code Officers Committee. Its report was tabled in December 2004 after discussion between Attorneys General in November 2004. The Standing Committee on Uniform Legislation and Statutes Review found that recommendations 5, 7, 9, 11 and 13 of that Model Criminal Code Officers Committee report were not taken up at all or were varied without an explanation of why the variation had occurred. My concern is that the time frame in which the Standing Committee on Uniform Legislation and Statutes Review had to operate was very restricted. The committee made comment on that as well. At page 1 of the report the committee states that the reporting time frames were unrealistic and severely inhibited the committee’s ability to properly scrutinise this important bill. The committee not only raised some substantive issues, but also made the point to the house that it had been unable to properly scrutinise this bill. The previous speaker, the Leader of the Opposition, made the point that this is a very important area to get right in legislation. Having been here a while and read many, many reports over that time, my concern is that it is unusual for a standing committee to make such a strong comment, and it would not be made lightly. On page 13 of the report the committee states — The Committee finds that it is not in a position to determine whether the Child Exploitation Material and Classification Legislation Amendment Bill 2009 is consistent with its supporting documentation. The Standing Committee on Uniform Legislation and Statutes Review recommends that the minister now explain why recommendations by the Model Criminal Officers Committee were not taken up. Perhaps it is fair enough that we give the minister an opportunity to provide that response now in the house. These changes to the recommendations from the Model Criminal Code Officers Committee will have, I assume, a significant impact on cross-border implementation of uniform child pornography laws and might even, arguably, go against the spirit of that Council of Australian Governments decision. Another thing that the Greens are concerned about is that due to the tight time frame the standing committee was unable to engage in adequate consultation on the bill. The committee also made note of that in its report. The committee noted that it was unable to communicate with stakeholders and to even meet with the Department of the Attorney General. Also, the inquiry was not publicly advertised as it would usually be and only had time to be advertised on the committee’s website. Therefore, no submissions were received apart from those from the Department of the Attorney General, which provided some additional supporting documentation upon request.

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At this stage I would have to say that the Greens are unable to support a bill that has not had adequate scrutiny. It seems to me that too many questions on this bill still remain unanswered. I will flag this because it depends on the answers from the minister and the written response from the minister to the committee’s report: the appropriate response of this house would be to further refer this bill to the Standing Committee on Uniform Legislation and Statutes Review for proper scrutiny. I think that that would be the appropriate course for the house to take, unless the minister can provide very strong evidence that all the questions from the standing committee have been adequately answered. We have a Standing Committee on Legislation to make sure that a bill is adequately scrutinised. Given that the Standing Committee on Uniform Legislation and Statutes Review has clearly stated that it did not have time to do that work, I would flag that. With those comments, I will reserve our decision on whether we support the bill, depending on the response that is forthcoming. HON KATE DOUST (South Metropolitan — Deputy Leader of the Opposition) [9.59 pm]: Realising the time, I really just want to seek the call so that when we come back to this bill I have the opportunity to say a few words. Debate adjourned, on motion by Hon Kate Doust. CRIMINAL CODE AMENDMENT BILL 2008 Receipt and First Reading Bill received from the Assembly; and, on motion by Hon Simon O’Brien (Minister for Transport), read a first time. Second Reading HON SIMON O’BRIEN (South Metropolitan — Minister for Transport) [10.01 pm]: I move — That the bill be now read a second time. As members will be aware, this state has witnessed numerous serious attacks on the men and women of the WA Police in recent times. In many instances such attacks, particularly those on Constables Shane Markham and Christine Johnston in March 2006, resulted in severe injury. The assault on Constable Matthew Butcher resulted in his partial paralysis. Such attacks have exacted an emotional as well as a physical toll on the police men and women, and their families, who provide such a vital service to our community. The promise to properly protect our police officers was a major platform this government took to the September 2008 state election. However, our commitment to protect WA police officers did not begin with the calling of that election. Rather, today’s legislation has its genesis in a private member’s bill introduced by the member for Hillarys. This was the Acts Amendment (Assaults on Police Officers) Bill 2008, introduced in February last year. At that time, the now government—the then opposition—argued that legislative change was needed to deal with the prevalence of assaults on police. Change is required because our society has changed. Fifteen to 20 years ago, not only were police officers respected but also their safety was near sacrosanct. Society has at some point moved into a state of sad indifference towards the authority of anyone in a police uniform. Before I proceed, it may be instructive to consider some of the legislative history that precedes this bill. Two offences defined in the Criminal Code that are of relevance to this discussion are grievous bodily harm, as defined in section 297, and serious assault, as defined in section 318. Prior to the introduction of the former government’s amending act—the Criminal Law and Evidence Amendment Act 2008—an increased penalty for grievous bodily harm offences was not mandated by section 297 when the victim was a public officer. At that time, depending on the severity of the injuries sustained, assaults perpetrated upon public officers could be dealt with as either a “normal” section 297 offence, or via section 318, which mandated penalties of up to 10 years for assaults upon certain categories of victim: public officers performing a function of their office or employment or on account of their performance of their role; persons performing a function of a public nature or on account of their performance of their role; persons acting in aid of a person who falls within either of the first two categories; and drivers or persons operating trains, ferries, buses or taxis. The former Labor government’s amending legislation was drafted to set out further categories of people for whom an increased penalty in section 297 would operate. It set out additional penalties for section 297 assaults, being a maximum imprisonment for a term of 14 years. Those penalties applied to grievous bodily harm perpetrated upon: public officers performing a function of their office or employment or on account of their performance of their role; drivers or persons operating trains, ferries, buses or taxis; ambulance officers, and members of the fire and emergency services, state emergency services or volunteer marine rescue services; and persons working in a hospital, prison officers, or court security service workers. The description of “persons performing a function of a public nature”—which was used in section 318—was not included in the amendments to section 297. Section 318 was amended to add ambulance officers, members of the fire and emergency

[COUNCIL - Wednesday, 17 June 2009] 5143 services, state emergency services or volunteer marine rescue services, persons working in a hospital, prison officers and court security service workers to the list of people covered by the section. The maximum penalty for offences not in circumstances of aggravation was increased from three years to seven years. I shall speak further on the former government’s legislation shortly, save to say here that although it had its limitations, it was good legislation. The private member’s bill I have already mentioned attempted to introduce changes to the Criminal Code as it existed prior to Labor’s 2008 amending act. It sought to apply under section 297 increased penalties for: assaults on public officers performing a function of their office or employment or on account of their performance of their role; persons performing a function of a public nature or on account of their performance of their role; and persons acting in aid of a person who falls into either of those two categories. Assaults of this nature were to be liable for a maximum sentence of 14 years and a mandatory minimum sentence of 12 months. No new definitions were to be inserted in section 318, and mandatory minimum sentences of three months for assaults occasioning bodily harm when the offending was dealt with as a summary offence, and nine months for assaults occasioning bodily harm in all other circumstances, were to be imposed. That short history of this issue brings us to the present bill, the Criminal Code Amendment Bill 2008. This bill implements our commitment to police officers and certain other officers who have a duty to enforce law and order for the people of Western Australia. Legislation to protect our police was not only an election commitment, but also something we undertook to introduce within the thirty-eighth Parliament’s first sitting. The present bill differs in form from the private member’s bill I have referred to in that it limits mandatory sentencing to offences against police officers as a discrete category of victim. The victims to be covered by the bill are: police officers; prison officers as defined in section 3 of the Prisons Act 1981, Western Australia; security officers as defined in section 3 of the Public Transport Authority Act 2003, Western Australia; ambulance officers; contract workers within the meaning given to that term by the Court Security and Custodial Services Act 1999, Western Australia; and contract workers within the meaning given to that term by section 15A of the Prisons Act 1981, Western Australia. It was considered that extension of mandatory sentencing to the definition of “public officer” contained in section 1 of the Criminal Code could result in mandatory minimum sentences being imposed even for an assault on a great number of persons who are not in the “frontline”, which was undesirable. This legislation providing for mandatory sentencing has been carefully considered by the government. Mandatory sentencing is a tool of criminal law that should be used very cautiously. Only in situations in which there are problems of undeniably crucial public significance, and in which other alternatives are or would be ineffective, should mandatory sentences be contemplated. However, this government considers this legislation to be the only way to ensure that the sentencing in this area reflects the expectations of the Parliament and our community. This bill will amend the Criminal Code to provide that when a person assaults one of the persons I have listed who is performing his or her duties and causes the person bodily harm or grievous bodily harm, that person must be sentenced to a minimum term of imprisonment; that is, imprisonment is mandatory when such a person is assaulted and injured. To accomplish this, the bill amends sections 297 and 318 of the Criminal Code. Section 297 deals with the offence of grievous bodily harm and section 318 with serious assault. Currently, the maximum sentence for grievous bodily harm without any aggravating circumstances is 10 years’ imprisonment. If the offence is committed in aggravating circumstances—for example, when the offender is in a family or domestic relationship with the victim, a child is present at the time of the offence, or the victim is 60 years of age or older—the maximum penalty is 14 years’ imprisonment. Section 318 of the code currently provides penalties for offenders who assault any of the persons in the categories nominated in that section; generally those performing functions of a public nature, who are listed in section 318(1)(d) to (k). Included in this list are public officers, as well as taxidrivers, ambulance officers, firefighters and hospital employees. Such an offence is termed a “serious offence”. The base maximum term of imprisonment under section 318 is seven years. However, if the offence is committed while the offender is armed or in company—the aggravating circumstances for section 318’s purposes—the maximum penalty is imprisonment for 10 years. If the offender is convicted in the Magistrates Court, the maximum penalty is imprisonment for three years and a fine of $36 000. Importantly, neither section 297 nor 318 stipulates a minimum penalty. I have already mentioned the recent nature and prevalence of assaults on our police officers. They have been violently assaulted by offenders, and those assaults have had very detrimental effects on the officers, their families and the police service as a whole. When this physical and emotional damage is endured by officers, on top of the already demanding and difficult nature of their role, it is incumbent upon parliamentarians, as the people’s elected representatives, to take strong and decisive action to ensure that offenders are severely punished. This will also clearly indicate to others who may contemplate such crimes that the law’s response will be firm and swift. Deterrence must be recognised as a prominent feature of our criminal system. Far too frequently offenders charged under the existing terms of section 318 have received minimal sentences for

5144 [COUNCIL - Wednesday, 17 June 2009] assaulting the officers I have listed and have avoided imprisonment when general community sentiment would require that this occur. This bill will impose mandatory minimum sentences of imprisonment when offenders assault and injure the officers I have listed. Section 297 will be amended to provide that when grievous bodily harm is caused by an adult offender to a police officer performing his or her duties, the offender must be sentenced by the court to imprisonment for a minimum of 12 months. Similarly, the bill amends section 318 of the Criminal Code to impose a mandatory sentence of imprisonment. An offender will be sentenced to imprisonment for a minimum of six months for an assault occasioning bodily harm to a police officer performing his or her duties. The term “bodily harm” is defined in section 1 of the code to mean any bodily injury that interferes with health or comfort. If there are aggravating circumstances involved in the assault, such as the offender being armed or in company, the offender must be sentenced to imprisonment for a minimum of nine months. If the offender is a juvenile, he or she must be sentenced to detention for a minimum of three months in any case in which the charge is pursuant to either section 297 or section 318 and involves a police officer. The bill also ensures that when a sentence of imprisonment is imposed under these new provisions, a conviction must be recorded; that is, these convictions cannot immediately be spent under the Sentencing Act 1995 and cannot be suspended. The conviction may be spent only after a period of 10 years has elapsed under the terms of the Spent Convictions Act 1988. Police officers and the other front-line officers I have listed serve and protect our community. Consequently, the state government is committed to protecting those who protect us. This bill sends a clear message to the community of Western Australia, to the police who protect them, to the courts and to offenders: the state now has a government that treats the safety of its police officers as a matter of the utmost importance and seriousness. Simply put, if one of these officers is assaulted and sustains bodily harm, the perpetrator of that offence will go to prison. I commend the bill to the house. Debate adjourned, pursuant to standing orders. ESTIMATES COMMITTEE HEARINGS — LEGISLATIVE COUNCIL CHAMBER Statement by Deputy President THE DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): I remind members that desks need to be cleared in preparation for budget estimates hearings tomorrow. TRANSFER OF INCORPORATION (HBF AND HIF) BILL 2009 Receipt and First Reading Bill received from the Assembly; and, on motion by Hon Norman Moore (Leader of the House), read a first time. Second Reading HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [10.12 pm]: I move — That the bill be now read a second time. The bill the government is introducing today is the Transfer of Incorporation (HBF and HIF) Bill 2009. The purpose of the bill is to facilitate the transfer of the incorporation of HBF Health Funds Inc and Health Insurance Fund of WA Inc from the Western Australian Associations Incorporation Act 1987 to the commonwealth Corporations Act 2001. The transfer of the incorporation of HBF and HIF is necessary for the two organisations to remain compliant with the requirements of the commonwealth Private Health Insurance Act 2007, which came into effect on 1 April 2007. This act requires that all providers of health insurance be registered under that act as either for profit or not-for-profit insurers. HBF and HIF are both currently registered as not-for-profit insurers. In 2008 the Private Health Insurance Act was amended to provide that all private health insurers must be registered as companies within the meaning of the Corporations Act by 1 January 2010. The purpose of this amendment was to make certain that all insurers will be subject to similar accountability standards and governance requirements, thus improving equity in the regulation of the industry. Under the Corporations Act, the insurers will be subject to a more stringent regulatory regime. HBF and HIF are currently incorporated associations under this state’s Associations Incorporation Act. In order to avoid cancellation of their registration as private health insurers, HBF and HIF must become registered companies under the Corporations Act before 1 January 2010. Both HBF and HIF have strong roots in Western Australia. HBF was established in 1941 and is the largest not- for-profit provider of health insurance in Western Australia, with more than 900 000 policyholders. HIF was established in 1954 as a health fund for certain employees of Western Australian Government Railways. It is now an open access fund and the third-largest not-for-profit provider of health insurance in Western Australia,

[COUNCIL - Wednesday, 17 June 2009] 5145 with approximately 50 000 policyholders. Together HBF and HIF provide private health insurance to more than 60 per cent of the market in Western Australia, with more than 95 per cent of the policyholders from each organisation being Western Australian. It is therefore essential that HBF and HIF maintain their registration as private health insurers and are able to continue providing health insurance to Western Australians. There are two ways for HBF and HIF to become registered companies and thereby continue to provide private health insurance. At present the Associations Incorporation Act does not authorise the transfer of the incorporation of an association to registration as a company under the Corporations Act. Proposed amendments to the Associations Incorporation Act are intended to permit such a transfer administratively; however, these arrangements have not yet been finalised. It is unlikely that the proposed amendments will be developed and passed in time for HBF and HIF to transfer their incorporation prior to 1 January 2010. Accordingly, the transfer of incorporation of HBF and HIF cannot be done administratively at this time. It would be possible for HBF and HIF to transfer their health benefit funds to a newly incorporated company limited by guarantee. Section 34 of the Associations Incorporation Act will facilitate this transfer, although there are additional steps to be taken to achieve this outcome. These further steps include: establishing a new company under the Corporations Act; making an application to the Private Health Insurance Administration Council for registration of the new company as a private health insurer, although the council has advised that such an application would need to be lodged before 1 September 2009 in order to be considered prior to the 1 January 2010 deadline; seeking an order from the Commissioner for Consumer Protection under section 34; and obtaining any necessary taxation rulings. Although this option is available, there is concern that there will not be sufficient time to obtain the necessary rulings from third parties to enable HBF and HIF to comply with the deadline. As a result, the government has chosen to assist HBF and HIF to use another mechanism to transfer their incorporation legislatively. Section 5H of the Corporations Act provides inter alia that a body is taken to be registered under the act as a corporation if a law of the state provides that the body is a deemed registration company and specifies the registration day, the type of company that the body is to be registered as, and the company’s proposed name. Section 5H also provides that certain notices and other documents must be lodged with the Australian Securities and Investments Commission prior to the registration day. Section 5H of the Corporations Act has been used at various times in New South Wales to provide that the Cancer Council, the FSS Trustee Corporation and Westpac Banking Corporation are deemed registration companies. This bill will deem HBF and HIF to be registration companies under section 5H of the Corporations Act. It will facilitate HBF and HIF changing from incorporated associations to public companies limited by guarantee and remaining registered as insurers under the Private Health Insurance Act. HBF and HIF have each advised that they will remain registered as not-for-profit health insurers under that act. HBF and HIF have also advised that there will be no impact on the rights of policyholders in relation to their health insurance as a result of the changes in incorporation and that there will be no impact on health insurance premiums or benefit payments. The changeover from an incorporated association to a registered company will involve some changes to the governance arrangements of each association. Currently, HBF policyholders are not automatically members of HBF Health Funds Inc. However, certain policyholders have the right to nominate to become members of the incorporated association and to vote for members of the association, known as the council. The proposed corporate structure for HBF as a company limited by guarantee is similar to HBF’s current constitution as an incorporated association, with the same number of members or councillors, who will be required to provide a guarantee in relation to the liabilities of the company. Policyholders will have the same voting rights. HIF’s policyholders automatically are members of the association, the Health Insurance Fund of WA (Inc). The proposed structure for HIF as a company limited by guarantee will involve some change to the rights of policyholders as members of the organisation. Under the proposed structure, policyholders will be entitled to vote for members of the company. They will also be entitled to attend meetings of company members and be heard, but will not have the right to vote at those meetings. Only the policyholders who are company members will have the right to vote at meetings and will be required to provide a guarantee in relation to the liabilities of the company. HIF has advised that this change to the rights of members is necessary to make the structure of a company limited by guarantee workable. I now turn to the key provisions of the bill. The Transfer of Incorporation (HBF and HIF) Bill 2009 provides that HBF and HIF are to be deemed registration companies for the purposes of section 5H of the Corporations Act; HBF and HIF are to be registered as companies limited by guarantee; the proposed names of the companies are to be HBF Health Limited and Health Insurance Fund of WA Limited; and the registration day is to be a date specified by the Minister for Commerce by order published in the Government Gazette. The bill also provides that the minister will make an order specifying the registration day for HBF or HIF only if the minister is satisfied that each insurer has complied with section 5H(2) and (3) of the Corporations Act and the minister has

5146 [COUNCIL - Wednesday, 17 June 2009] approved the proposed constitution provided by the insurer. In addition, the bill provides that the HBF and HIF companies are to be taken to be a continuation of the same legal entities as the respective associations. The registration of HBF and HIF as companies is not to affect any rights, obligations, liabilities or legal proceedings. The bill provides a cost-effective and certain means of enabling HBF and HIF to become incorporated under the Corporations Act and comply with the requirements of the commonwealth private health insurance legislation by 1 January 2010. The bill will enable HBF and HIF to maintain their registration as private health insurers. This will mean that Western Australians will continue to have access to health insurance provided by these two insurers. I commend the bill to the house. Debate adjourned, pursuant to standing orders. REVENUE LAWS AMENDMENT (TAXATION) BILL 2009 Receipt and First Reading Bill received from the Assembly; and, on motion by Hon Norman Moore (Leader of the House), read a first time. Second Reading HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [10.21 pm]: I move — That the bill be now read a second time. This bill seeks to implement land tax and metropolitan region improvement tax measures announced in the 2009- 10 budget. The first measure is the introduction of a cap on the annual growth in land values used to assess land tax and metropolitan region improvement tax. The year-to-year volatility and unpredictability of growth in individual land tax and metropolitan region improvement tax bills has been an ongoing cause of concern for many landowners. This cap will address the problem by ensuring that assessed land values will not grow by more than a certain percentage from year to year. To ensure flexibility to deal with changes in the property market, this bill proposes that the cap percentage be set out in the Land Tax Assessment Regulations. It is intended that a regulation will be made to set the cap amount at 50 per cent for the 2009-10 assessment year. This regulation will be made once these amendments have been enacted. Examples of how the cap is intended to operate are detailed in the explanatory memorandum associated with this bill. The cap will apply to each individual lot of land that is owned by a land tax payer, which will then be aggregated as appropriate for multiple property owners for assessment purposes. Based on preliminary data from the Valuer-General, it is estimated that around 2 600 landowners will benefit from the cap in 2009-10. Although the impact of the progressive land tax scale will mean that some land tax bills will still increase by more than 50 per cent, the increases will be significantly ameliorated. The revenue forgone, including metropolitan region improvement tax, from the 50 per cent cap is estimated at $6.9 million in 2009-10 and $11.5 million over four years. The second land tax measure relates to the reintroduction of a concession for land developers. This concession will allow developers to pay land tax and metropolitan region improvement tax on the lower undeveloped or “en globo” value of land holdings, rather than the full subdivided value of lots, for one year after the creation of the lots. In the absence of this concession, it has been suggested that lot creation each year declines in the lead-up to the land tax liability being crystallised on 30 June, only to rebound through July and August. The reintroduction of the concession will help remove this perceived distortion as developers will no longer need to wind down their holdings of subdivided land around 30 June in order to minimise land tax. It is anticipated that the reintroduction of this concession will contribute to a smoother pattern of lot creation, thus reducing property market volatility and bottlenecks in the approvals process for relevant state government agencies and local government. The revenue forgone from this measure is estimated to be $2.3 million per annum. The 2009-10 budget also included an extension of time for payment for landowners who wish to pay their land tax bills in instalments, and a halving of the flat charge that applies to the three-instalment option. These measures are to be implemented by regulation and are not included in this bill. A detailed explanation of the bill is contained in the associated explanatory memorandum. I commend the bill to the house and table the associated explanatory memorandum. [See paper 885.] Debate adjourned, pursuant to standing orders. ADJOURNMENT OF THE HOUSE Special HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [10.24 pm] — without notice: I move — That the house at its rising adjourn until Tuesday, 23 June 2009.

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By way of explanation, tomorrow’s gathering, which will be a meeting of the estimates committee, is not a normal sitting of the house, so this motion is to adjourn the house from its regular sittings until next Tuesday. Question put and passed. Ordinary HON NORMAN MOORE (Mining and Pastoral — Leader of the House) [10.25 pm]: I move — That the house do now adjourn. Electrical Apprenticeships — Hon Ljiljanna Ravlich’s Comments — Adjournment Debate HON PETER COLLIER (North Metropolitan — Minister for Training) [10.26 pm]: I would like to comment on a number of assertions made by Hon Ljiljanna Ravlich about the training portfolio. Of course, those assertions are wildly inaccurate. Hon Ljiljanna Ravlich asserted that the Labor Party established the State Training Board in 2001. The Labor Party did not establish the State Training Board in 2001; the Liberal Party did that in 1996. It is evident that the member was confused about that because she does not know what the role of the State Training Board is. That is why she will go down as the worst education and training minister in Western Australia’s history. The role of the State Training Board is to undertake modelling of the needs and aspirations of the training portfolio. The State Training Board creates a state training plan. Last year it prepared a state training plan titled “Skills for Western Australia: A plan to transform the training system: 2008-2018”, which Hon Ljiljanna Ravlich likes to claim as her own or that of the Labor Party. It is not. It is the State Training Board’s plan. If members do not want to take my word for this, they might like to take the words of Hon Mark McGowan, who stated in his contribution to the plan — I would like to thank the State Training Board for developing this plan and I look forward to working with industry and training partners to transform WA’s training system. Point of Order Hon KEN TRAVERS: I ask that the member identify the document he is quoting from. The DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): I will accept that point of order, if the member is quoting from a document. Hon PETER COLLIER: I am reading from the document titled “Skills for Western Australia: A plan to transform the training system: 2008-2018”, which was tabled by Hon Ljiljanna Ravlich. Debate Resumed Hon PETER COLLIER: That is the State Training Board’s plan, not the Labor Party’s plan. Hon Ljiljanna Ravlich, the great white hope of training, had not gone to a TAFE college in eight months. She finally visited them and now is as popular as a doublegee in TAFE colleges, because she abused them. She then came along and said that it was her training plan. It is not. This document that I have in my hand is the Labor Party’s state training plan. It is titled “Labor’s plan for skilled people: Vision, Stability, Leadership”. If the Labor Party’s plan had been incorporated within the State Training Board’s plan, it would have been a policy document, and I emphasise that. The State Training Board’s policy document, which was acknowledged by Hon Mark McGowan, is from the State Training Board, not the Labor Party. If this plan had been released while the Labor Party was in government, it would have been before the national partnerships program was signed off. The productivity placements program would not have been signed off at that stage, and that involved another 74 000 places. Hon Ljiljanna Ravlich has no idea. No wonder she was sacked after less than two years in that portfolio. She was absolutely hopeless and she brought discredit to the education and training system in this state. She brought education and training in Western Australia to its knees and it has only been resurrected with a change of government. As a result of that, the ALP policy was not the State Training Board framework. Hon Ljiljanna Ravlich is very rubbery with her figures. Page 4 of the ALP policy talks about 45 000 extra apprentices and trainees. However, the so-called Labor plan, which the honourable member keeps talking about, refers to 50 000. Is it 45 000 or 50 000? I do not think the honourable member actually knows. However, it made for a bit of good theatre, I must say. She certainly will not get an Academy — The DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): Order, members! Can we have a little more decorum. Opposition members will certainly have their opportunity to speak in due course. I give the call to the Minister for Training.

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Hon PETER COLLIER: I want to emphasise once again that the document that the honourable member continues to quote from is a document from the State Training Board. It is a framework for training that is going to take this state forward. That is why we have a State Training Board. It does modelling of industry, and it does modelling of the aspirations and needs of this state in training for the next decade. That is the role of the State Training Board. The role of the political party then is to embed its philosophy within that state training plan, which is what we did in “Training WA: Planning for the future 2009-2018”. I have never once acknowledged that this is entirely a government policy, because I have said—these are my words—in “Training WA” — I would like to acknowledge members of the State Training Board for their assistance in developing this plan. As I have said before, when there is a change of government, everything does not completely change in terms of the needs and aspirations of training in a state. That simply does not happen. What happens, of course, is that the philosophy regarding training will change. The Liberal philosophy is very clearly, transparently and unambiguously embedded within this document—completely. We have had a complete change of economic circumstances over the past 12 months, and this document reflects that change of circumstances very clearly. We have done an enormous amount already. We have hit the ground running on training. I say at the outset that what we are doing has been enthusiastically embraced by industry right across the state. I said at the outset that we must do something for the next two to three years to ensure that we assist those who are most in need to take a pathway through training and apprenticeships. I said that. I have said that I want a true user-choice system throughout Western Australia. I want an ambitious, bold program for Indigenous Western Australians, which we will do. Very shortly, I will make a major announcement in that area. I want more autonomy for our TAFE colleges so that they have the authority. They are the people who know best about what is going to happen. I have a couple of major announcements about TAFE colleges coming up. I will also say something for the public record about the nonsense that I keep hearing from Hon Ljiljanna Ravlich. She said that “Training WA” shows a decrease in the number of apprenticeships and traineeships, which is manifestly wrong yet again. It shows an increase in the number of apprenticeships and traineeships. As I have said, there is also a contradiction between the training plan from Hon Mark McGowan and Labor’s training policy, which shows that Hon Ljiljanna Ravlich has absolutely no idea what she is talking about. We allocated more than $47 million for training in the May budget. That is additional funding of $10.6 million for a workers’ compensation rebate to employers of first-year apprentices and trainees. There is $630 000 to establish a critical support unit to help employers and employees during the current economic downturn. There is $4 million for a marketing and awareness campaign to help encourage employers to maintain their investment in apprentices and trainees. There is $5.7 million for 1 500 additional certificate I courses, with a particular focus on pre-apprenticeship courses. There is $17.6 million to provide course fee exemptions for the unemployed to assist them in taking up training opportunities, including prospective apprentices and trainees. There is greater access to career development services. There is another $3 million for that. There is another $3 million for strengthening the Employment Directions Network. The honourable member might like to read page 5 of “Training WA” to see all the other initiatives that form part of the $47.4 million for training. In “Training WA”, we have also included developing enhanced pre-apprenticeship courses at certificate II level and providing up to $1 800 to group training organisations for each out-of-trade apprentice to complete his or her apprenticeship. These are all part of the Liberal policy and are embedded in the State Training Board plan. I emphasise that yet again. I have to keep repeating it, because Hon Ljiljanna Ravlich is a bit slow on the uptake. The assertions about electrical trades that the honourable member made last night were totally, absolutely and manifestly wrong. The member got the quadrella. Currently, no apprentices on downtime are employed by Electrical Group Training. There may be one or two on any particular day but they are being placed within a few days. This is part of the normal group training business arrangements, and downtime is currently not an issue. As at 30 April 2009, 696 apprentices were employed by EGT. EGT recruited 15 new probationary apprentices and five inductees—those yet to commence an apprenticeship—earlier this year. All were laid off due to the global financial crisis. Since then, EGT has made placement of those people a priority and as a result nine have been placed in an apprenticeship with EGT, seven are starting a pre-apprenticeship in July, one has returned to school, and EGT has been unable to contact the remaining three people but remains keen to assist them. As far as my agencies are concerned, Western Power has 48 apprentices and 110 trainees, Horizon Power has five trainees, Verve Energy has 27 apprentices and three trainees and Synergy has 61 trainees. Hon Ljiljanna Ravlich refused to accept that my agencies are doing anything. As at 30 April 2009, 37 662 apprentices and trainees were in training compared with 36 374 as at 30 April 2008. This represents an increase of 3.5 per cent apprentices and trainees in training. As at 17 June 2009, 100 apprentices were out of trade as a result of the economic downturn, not 900. As at 30 March 2009, 127 more employers were participating in apprenticeships than in the same period last year. As at 30 March 2009, there

[COUNCIL - Wednesday, 17 June 2009] 5149 were 180 more employers participating in traineeships than in the same period last year. Two hundred and thirty one apprenticeships were cancelled in the first quarter of 2009; however, this is 60 per cent less than the same period in 2008. Training is in good hands. THE DEPUTY PRESIDENT (Hon Matt Benson-Lidholm): Before I give the call to Hon Ljiljanna Ravlich, the level of interjections is certainly making it rather difficult for me, let alone Hansard, to hear what is going on and to follow any sort of debate. I ask members to bear that in mind. Electrical Apprenticeships — Adjournment Debate HON LJILJANNA RAVLICH (East Metropolitan) [10.37 pm]: I wish to take the opportunity to set the record straight. Hon Peter Collier might argue that he did not plagiarise great chunks out of Labor’s training plan but in my view he did. Today I asked the honourable member a series of questions about Electrical Group Training, based in Balcatta. I specifically asked for the number of apprentices who were either out of contract or suspended. I was told that in total, 666 apprentices in this state are either out of contract or suspended. I do not want to go into the individual circumstances surrounding that figure but if I were the Minister for Training, I would be really concerned. We just heard from the minister that anybody who wants an apprenticeship basically can access an apprenticeship and there is no problem. This is what we are consistently hearing. The last part of my question was — Has the minister revised the target of an additional 5 219 apprentices and trainees by 2012, as shown in his slightly altered version of the draft 2008 training plan? The minister claimed that that was not the case, but I will check this out in estimates tomorrow and I will put him to the test. He finished his response to me by saying — It is important to remind the honourable member that the State Training Board set the framework for training, not the Labor Party. If we were to accept that that was the case—I do not accept that that was the case—I put this question to the minister: if it is not the Labor Party’s plan and it is not the minister’s plan, where is his plan? Is he telling me that his whole plan is embedded in two half pages? I have waited for nine months for two half pages, which is the Liberal Party’s plan. I will get into the detail of that tomorrow because I am more concerned about Ms Sullivan, who wrote to the minister six weeks ago about her son, Alex, who had completed a six-month pre-apprenticeship course in the electrical trades. Alex did that. He has linked himself to the Electrical Group Training scheme. The Electrical Group Training scheme ordinarily would have taken on a number of pre-apprentices. Its response to him was, “We don’t actually have any host employers; therefore, we can’t take you on. Alex, what you can do is hang around for a few months” — Hon Peter Collier: It sounds as though the member knows him. Hon LJILJANNA RAVLICH: I do not know him at all. I have never met the boy. I want the minister to give him an apprenticeship. There are 666 Alexes out there, and that is an undercooked figure. I would say that there are probably at least 1 000, if not 1 500, Alexes out there. Hon Peter Collier: Does the member know his mother? Hon LJILJANNA RAVLICH: No, I do not know his mother. I have never met his mother. I would not have a clue who these people are. There are people like him out there. The records show that there are 666 Alexes out there: There are many, many Mr and Mrs Sullivans out there. There are many, many concerned parents out there. This minister thinks that it is okay that a young boy, who has invested six months of his life to undertake a pre- apprentice course, has now been hung out to dry by this minister and this government because there is nowhere for him to go. Anyway, Ms Sullivan wrote to this minister. This is what this minister wrote back to Ms Sullivan — Thank you for your email dated 2 May 2009 regarding your son Alex’s apprenticeship with Electrical Group Training (EGT). The current economic uncertainty has seen a shift in recruitment strategies, with group training organisations (GTOs) such as EGT now taking a more cautious approach. Many GTOs have suspended or extensively reduced their first year intakes to ensure their existing apprentices remain in employment. What a wonderful, wonderful fact that is! It continues — I can appreciate how concerned Alex and you are in this situation. I understand that the Department of Education and Training has emailed you to determine whether you wish to speak to Ms Meredith Moran … And so it goes on. There is no concrete solution to Alex’s problem for Ms Sullivan. It continues —

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I would also advise Alex to visit the Department’s Career Development Centre … I do not know why because he knows what he wants to do. What reason would he have to go to the Career Development Centre? He has already done a pre-apprenticeship; he wants a host employer. The recent Western Australian Government budget announcements included a number of initiatives … One of the initiatives mentioned is a workers’ compensation rebate to help employers particularly to take on apprentices. Clearly, that is not working because Alex cannot find a host employer. Six hundred and sixty-six Alexes cannot find a host employer. I think I have already said that there are probably well over 1 000 Alexes who cannot find a host employer and their parents are concerned because they cannot find those host employers. The minister also says that he has expanded career development services. That is not much help to a young man like Alex because he already knows what he wants to do. He has just not been given the opportunity to complete the training that he so desperately wants to complete. The minister has a responsibility to make sure that Alex, and the other 666 people who currently do not have an apprenticeship, in fact have an apprenticeship to go to. If the minister cannot do that, he is not fulfilling his responsibility as the Minister for Training. I think that is reasonable. The minister also advised Ms Sullivan that he had a marketing campaign commencing on 17 May 2009. That should have given them a great deal of comfort! Of course Ms Sullivan—whom I do not know, I have never met her and would not have a clue who she is—says that the response from Mr Collier is very disappointing — … that in a time of increasing youth unemployment and suspension of apprenticeships that this Government is proud of the fact that they have 85 apprentices in total for all Government agencies. This is appalling. Does the minister know Ms Sullivan? Is the minister telling me that he is treating Ms Sullivan and her son in a way that disadvantages her, because the minister seems to know Ms Sullivan? The minister seems to be laughing about the fact that her son Alex does not have an apprenticeship. The minister seems to know her very well. Hon Peter Collier: I have never met her. Hon LJILJANNA RAVLICH: It is clear that the minister seems to know Ms Sullivan, as does Hon Helen Morton, the member seated behind the minister. Ms Sullivan’s email continues — Of these 85 apprentices, it would interesting to know which trades … which agencies are supporting them, and what stage of their apprenticeship they are in. Ms Sullivan apparently wrote to both the Treasurer and the Premier, who basically washed their hands of this issue and left it to the Minister for Training. Clearly, the Minister for Training has not taken this matter seriously and does not care about the rising number of apprentices who have lost their jobs, who are no longer indentured, and who are on significant down time—many of them in group training schemes, and many who have completed their pre-apprenticeship training and have nowhere further to go. Minister, it is not good enough. We are sick of the gloss. We are sick of the doublespeak. We want some answers. Ms Sullivan wants some answers and all the other Ms Sullivans, all the other mums and dads, and all the other Alexes all want answers about this very pressing problem. Horseracing — Adjournment Debate HON HELEN MORTON (East Metropolitan — Parliamentary Secretary) [10.46 pm]: I rise tonight to talk a little about horseracing. That is something a bit different. I do not know whether members are aware that horseracing is the second most attended sporting event after Australian Rules Football in Australia. More than two million people attend at least one horserace a year. The Australian Bureau of Statistics published those statistics in January 2007. Per capita, Australia is the world’s leading country in ownership of thoroughbred horses. Australia has more race clubs and racecourses than any other country in the world. In Western Australia, horseracing contributes about $326 million a year to gross state product. It employs directly 324 people, full-time equivalent. Each year in WA we have about 295 race meetings, 2 235 races, and more than nearly 23 000 starters made up of 3 621 different horses. The thoroughbred industry is a significant leisure industry in this state contributing a lot to community organisations, volunteer work, corporate supplies et cetera. I am fairly familiar with the thoroughbred industry because my family members are involved in it one way or another through breeding, owning, syndication, training throughout the state, buying, selling and auctioneering, and bloodstock agency work throughout Australia, Asia and the Middle East. Like most sports, just once in a while everything falls into place and an outstanding performance is the result.

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Last night this happened for my nephew, young Danny Morton, a trainer, and his connections for the WA-bred and owned Scenic Shot—sorry; not Scenic Shot but Scenic Blast. Scenic Shot is another horse over in Brisbane that won! Ernie Manning said about Scenic Blast that he established himself as the best sprinter in the world when he became the fourth Australian horse in six years to win the Grandstand Stakes overnight at the opening meeting of England’s historic Royal Ascot carnival. This horse is a four-year-old that was bred in Western Australia at Muchea and that young Danny Morton bought for $85 000 at the yearling sales in Perth. He syndicates horses such as that. One member of this house was looking to become a member of one of those syndicates. I hate to tell the member, but this was the syndicate. I am sorry about that! It was just about the time when the stock markets went down and all of a sudden people’s fortunes changed. In giving the world’s best sprinters a blasting, Scenic Blast became favourite to claim the Australian Horse of the Year award. He won a number of Melbourne races to get to that position. The week before, Digby Beacham wrote a really good article about this in The West Australian and referred to a horserace that takes place in England. He said that the horse would race in an environment steeped in tradition. He wrote — Newmarket, 100 kilometres north of London, is to thoroughbred racing what Lord’s is to cricket, Wimbledon to tennis. Simply, it’s horse heaven and has been so for more than 300 years. The town lives and breathes for gallopers. So much so, horses not only have an automatic right of way on the streets but their own traffic lights. An award-winning racing journalist recounted during the Singapore international racing festival earlier this month witnessing the all-conquering Godolphin horses walking, in Indian file, with jockeys aboard in trademark royal blue silks to track work and disappearing into the mist on vast expanses of land before completing their work and heading back to their stables. “It is something to behold,” he said. “It sums up the town. Everything there is designed for the horses.” I want members to remember the analogy he is making with that place, because here in Western Australia we have a problem with making space for young trainers, or any trainers, to provide somewhere decent for them to train horses. The Belmont Park Racecourse does not allow any horses to do training work or track work on it, and it is about to be redeveloped anyway. The training field is at Ascot Racecourse, but in the morning it is a dog’s breakfast. It is absolutely chaotic. All the trainers say that it is absolutely dangerous and is a disaster waiting to happen. The environment around Ascot is changing. Ascot used to be a horse-friendly environment, but it is becoming an inner city suburb where people who buy into it are not necessarily interested in horses. Let us take for example the Ascot Inn redevelopment of 300 or 500 units, not for horse people, but for people buying into the area because of their interest in living in a city. The value of property in that area has increased so much that horse owners who need stables or a minimum of half an acre up to two or three acres are really finding that they cannot get into that kind of area. The same sort of thing was happening in Melbourne. It was sorted out in two ways. A tender was put out to trainers which provided that if they wanted to continue training on the inner city track, they would have to put in a tender for how much they would be prepared to pay. They were told that for all the trainers who did not want to do that, another training track would be built further out of town where they would have to go to train and to re-establish themselves. Hon Ken Travers: Isn’t that what Lark Hill is? Hon HELEN MORTON: Lark Hill Training Complex is fine for people south of the river, but it is almost to Mandurah. We need one north of the river. We have the solution at Brigadoon. Brigadoon wants to become the Newmarket of WA. It wants to become the place where people will go to establish themselves. The land, the environment and the support services are there in the form of farriers, feed merchants, veterinarians et cetera. It has everything that would establish a new horse haven for Western Australia north of the river. It is a horse- friendly place. The City of Swan, the Swan Chamber of Commerce and the board at Brigadoon, and all the planning to make that happen, are currently available. All we want is the support to make it happen. Hon Kate Doust: You’re in government now, so it shouldn’t be a problem. Hon HELEN MORTON: It should not be a problem, but a group of people are currently looking at it. We need Perth Racing and Racing and Wagering Western Australia on side. I tell members that the situation at Ascot is really difficult for trainers. They are looking for a horse haven, and we think that Brigadoon is the place. Western Power and Synergy — Adjournment Debate HON KATE DOUST (South Metropolitan — Deputy Leader of the Opposition) [10.55 pm]: A couple of weeks ago I spoke about the termination of employment of some workers at Western Power. Since then another press release has appeared in reference to Western Power maintenance repair workers having to take go-slow industrial action because they are not able to achieve a negotiated outcome for their agreement. There has been a

5152 [COUNCIL - Wednesday, 17 June 2009] series of events over the past few months in which entities under the management of the Minister for Energy have not managed their human resource systems satisfactorily at all. Western Power workers have lost their jobs, and 120 jobs have been lost from Synergy. I will also talk about Synergy. As we get closer to 30 June and the demise of the draconian Howard government WorkChoices legislation, there seems to be an almighty rush by these two organisations to override the involvement of unions that have represented their members very well, and to put alternative agreements directly to workers so that they can lock the workers into another five-year WorkChoices agreement before the deadline of 30 June. Those workers would then be trapped in that agreement for five years, and would not have recourse to the Western Australian Industrial Relations Commission or their union for advice or to seek amendment to the agreement. I know that the minister has defended both organisations, but I think there are some fairly significant issues that he needs to take up with both Western Power and Synergy about the way in which they are managing these things. I flag that tomorrow during the budget hearings—unfortunately representatives from Synergy will not be present, but representatives from Western Power, Verve and the Office of Energy will be — Hon Peter Collier: Why didn’t you ask for Synergy? Hon KATE DOUST: I was not involved in the selection process, unfortunately. If I had had the opportunity, I would have asked for Synergy as well. Considering the numbers of workers who have been put in the position of having to take industrial action or whose employment has been terminated—there were some power pole maintenance workers in that group; given that a safety report on the maintenance of power poles has been released; and given that a number of ERA reports have been very critical of Western Power’s general maintenance and power pole maintenance—I hope the minister is listening to me and not chatting to other people; he might want to move back to his seat. Hon Peter Collier: When I tried to interject, you wouldn’t let me! Hon KATE DOUST: I do not like people being distracted when I am trying to get a message through to them. The minister has ongoing issues, and I do not know how he is going to resolve them. Hon Peter Collier: I was intimately involved in the Synergy issue, and as much as you might disagree, I really did help that situation. I have been very closely involved—120 workers did not go overseas—with Western Power also, I can assure you. Hon KATE DOUST: Does the minister support what Western Power and Synergy currently propose? Western Power has not been able to reach agreement with its employees. Workers have been put in this situation because Western Power proposes to lock them into another long-term agreement. Synergy has sent a letter to its employees advising them that they will have a vote on 26 June on whether they agree with the package that is being put forward. This puts workers in a very difficult position; they will not know whether they are getting a fair deal. If the workers are locked into this arrangement, they will not be getting a fair deal. That is because the test that used to be in place for employment negotiations is not in place under the WorkChoices arrangements. That is a shame. However, it will be in place under the new arrangement that will come in from 1 July. I think both these organisations are trying to lock their employees into this arrangement for five years so that on 1 July they will not have to sit down with them again and in a fair and just way negotiate an appropriate set of conditions on which those workers can move forward. I hope that in the estimates tomorrow we will be able to raise a number of matters that illuminate the problems that we see in this area, particularly with Western Power, and that later we will be able to raise the problems with Synergy and Verve. The Minister for Energy needs to take some proactive measures so that these people will get a fair deal and can get on with the job of maintaining power poles. These are a very important group of skilled workers. We have read a number of articles about the difficulties with power poles. I am not going to move away from the fact that when Labor was in government, we had difficulties with getting that matter progressed. However, that matter still needs to be taken up. The minister needs to be more proactive in how he manages that matter. The minister has said that he is having difficulties with that. The minister needs to say to the chief executive officer and the board of Western Power, “Why are you doing this? Why are you not ensuring that we have a sufficient number of skilled workers to get on with the job?” The minister is also having problems with the way Synergy is handling this matter. When I was going through this matter, I thought: how soon will this Liberal government revert to past industrial relations practices and seek to remove the industrial advocate and the protections for workers that enable workers to deal one-on-one with the employers and to make sometimes quite hard decisions when they cannot always calculate what is in their best interests? For me, this is just a reminder of what happens whenever a Liberal government is in place. Hon Peter Collier: The ASU is blaming the disaggregation, of course. You know that.

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Hon KATE DOUST: No, I do not know that, and I do not accept that. The Australian Services Union is very, very concerned about what is happening here. I actually met with the ASU and some of the energy delegates on the same day that the minister met with them in January—in fact, I met with them after the minister had met with them—and I talked to them about their concerns about the bargaining process. I also talked to them about the difficulties they were having with Western Power in particular at the time, and about some of the demands that were being put upon them and the changes that were expected of them and the losses that they would suffer under the proposed arrangement that was being put to them. Not having seen the actual content of the package that has been offered to Synergy workers—I will be interested in seeing that in due course—I anticipate that there will be similar negative outcomes for those workers as well. What I see happening here is instability for these people and a lack of certainty about their future. I also see a constant carving up of these entities. It would appear that both these organisations are happy to carve off various elements of the work. Hon Peter Collier: Perhaps we should put them back together! Hon KATE DOUST: Does the minister want to put Western Power back together? Hon Peter Collier: Well, that is what the ASU wants. Hon KATE DOUST: I am not talking about Verve and Synergy. We can talk about that at another time. What I think is happening, and what we are picking up, is that both these organisations are systematically carving off aspects of the work and outsourcing it. I actually think that at the end of the day that would be a much more expensive exercise for those organisations. It would not guarantee them the benefits that full-time employees bring with them in terms of bonding and loyalty and planning for the future and upping their skills. It means that the workforce would be transient and would constantly have to be trained and retrained, which would result in all those extra costs. I do not know what the thought processes on human resources were in the management of those organisations, but the stories coming from the union and its members made those organisations look pretty sad. I believe that a lot of people are very stressed and confused about what is going to happen to them in both areas of their work. It behoves Hon Peter Collier as the minister to get on with the job and ask these people what they are doing. He should ensure that we have a secure supply of energy. If this sort of thing happens, we will not have that security because those workers will down tools. State Road Network — Auditor General’s Report — Adjournment Debate HON KEN TRAVERS (North Metropolitan) [11.05 pm]: I want to make a couple of comments about the Auditor General’s report titled “Maintaining the State Road Network”. I also want to make comments about what the Minister for Transport said today when he argued that a failure to provide funds in the past 10 years had led to a deterioration in the state road network. The interesting aspect about his comments is that it shows that the minister did not even bother to read the Auditor General’s report. If he had read it, he would have understood that term network contracts are outcomes-based contracts. That is how they operate. In the time I have available I urge members to have a quick read of page 23 of the report. I will quickly quote the key elements of it to them — The road condition measures used in the contracts to ensure adequate levels of planned maintenance have not worked. The measures did not ensure sufficient levels of planned maintenance and some measures were unreliable. Contractors have delivered maintenance services, but not the mix of services that Main Roads expected. Although Main Roads specified contract outcomes in relation to road conditions, the contracts did not include resurfacing and rebuilding rate requirements. The contractors are able to deliver the agreed outcomes and meet contract terms with less resurfacing and rebuilding than Main Roads expected. That says that it has resulted in Main Roads not getting the levels of maintenance it anticipated for the contract price. That is the problem. The problem was in the contracts. What would have happened if the previous government had said that it would do extra maintenance? The contractors under those contracts would have been able to walk away and do less maintenance, and the previous government would have ended up with the same result. If the contracts had been done properly, at the end of the contract period the roads would have been returned to the state they were in when they were started. That is what the contracts were about. That is not what is going to happen. It is because the contracts put in place by the Court Liberal government were a complete failure and there was nothing the previous government could do other than to renegotiate them and make the best out of a bad situation. Question put and passed. House adjourned at 11.07 pm ______

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QUESTIONS ON NOTICE

Questions and answers are as supplied to Hansard.

UNROADWORTHY VEHICLES — TESTING FAILURE 748. Hon Ken Travers to the Minister for Transport (1) Will the Department of Planning and Infrastructure pay compensation to car owners, that had un- roadworthy vehicles approved by licensing examiners who failed to properly inspect them? (2) What actions have the Department of Planning and Infrastructure taken to identify cars which were not properly inspected and to assist concerned owners to ensure their vehicles are roadworthy and correctly licensed? (3) What fees or charges are owners of vehicles required to pay to have vehicles re-tested? (4) Who is required to pay to fix any faults or un-roadworthy items on retested vehicles, and how is it determined who will pay? Hon SIMON O’BRIEN replied: (1) Where the Department for Planning and Infrastructure's actions have caused any loss, the Department will consider an application for compensation. (2) The Department for Planning and Infrastructure has written to the owners of the affected vehicles on up to three occasions to advise them of the need for vehicles to be re-inspected. (3) No fees or charges are payable in respect to vehicles that are subject to a re-inspection. (4) The owner of a vehicle is required to maintain it in a roadworthy condition and is responsible for the rectification of defects. UNROADWORTHY VEHICLES — TESTING FAILURE 749. Hon Ken Travers to the Minister for Transport (1) How did the Department of Planning and Infrastructure (DPI) satisfy itself that Mr Donners vehicle was properly inspected and passed by DPI when it was originally presented for inspection in 2005? (2) How did Mr Donners vehicle manage to pass the inspection in 2005, if its LPG conversion failed to meet Western Australian safety standards? Hon SIMON O’BRIEN replied: (1) The DPI engaged external consultants to investigate Mr Donners' claims and provide an independent opinion. Their review of the documentation relating to Mrs Donners' vehicle inspection confirmed that the vehicle was inspected by a Vehicle Compliance Examiner who is not a person of interest in the CCC inquiry and there is no evidence to suggest that the vehicle was not properly inspected. (2) In 2005, the gas cylinder on the vehicle now owned by Mr Donners' wife was compliant with the Australian Standard for LPG fuel systems for vehicle engines. This Australian Standard requires gas cylinders to be retested every ten years, and replaced if necessary, to ensure they are still operating safely. The gas cylinder on Mr Donners' wife's vehicle was only seven years old when the vehicle was inspected in 2005. PUBLIC TRANSPORT AUTHORITY — CONSUMER COMPLAINTS 751. Hon Ken Travers to the Minister for Transport (1) What actions and or procedures does the Public Transport Authority have in place to deal with consumer complaints of drivers breaking traffic laws or providing poor customer service? (2) Are there particular bus routes that receive a higher amount of customer complaints than other routes? (3) If yes to (2), where are these routes? Hon SIMON O’BRIEN replied: 1) Transperth patrons have the option of lodging a customer comment through the Transperth Customer Comment Line on 13 16 08, through the Transperth Info Line on 13 62 13, through the Transperth website or in person at any Transperth Information Office. The comment is then forwarded to the appropriate service provider for action. The service provider takes the appropriate action and notifies the customer of the outcome if the customer requests a response. The completed customer comment is

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returned to Transperth and vetted to ensure appropriate action has been taken. If it is deemed that the action is not appropriate the customer comment is forwarded to Transperth's Ticketing and Performance Manager for further investigation. Customer complaints of drivers breaking traffic laws are discussed with the driver and if necessary the driver is counselled. Further action is taken on a case-by-case basis. 2) Yes. 3) Route 106 — Perth to Fremantle via Canning Highway. Route 99 — Circle Route. Route 98 — Circle Route. Route 37 — Perth to Perth Domestic Airport via Great Eastern Highway. PUBLIC TRANSPORT AUTHORITY (TRANSPERTH) — CONSUMER COMPLAINTS 752. Hon Ken Travers to the Minister for Transport I refer to question on notice No. 369, on the number of customer complaints received by Transperth, and refer to the 11 complaints received by Transperth’s Customer Comment Line, between March 2008- March 2009, and ask — (1) Has the Public Transport Authority (PTA) investigated each complaint? (2) What was the outcome of the investigation? (3) What was the reason for the failure of buses to connect with the train service? (4) What action has the PTA and the bus company taken as a result of these complaints? Hon SIMON O’BRIEN replied: 1) Yes. 2) The investigation confirmed that the contracted bus companies are fulfilling their contractual obligations by counselling drivers for poor practices and where necessary they are making changes to timetables to reflect the appropriate running times that have been impacted upon due to increased traffic congestion. 3) Traffic congestion, driver actions, and mechanical breakdown. 4) Timetables have been adjusted to allow more running time for services operating in changing traffic conditions and where appropriate drivers displaying incorrect practices have been counselled or required to modify their behaviour. PUBLIC TRANSPORT AUTHORITY (TRANSPERTH) — BLOCKED PARKING BAYS 753. Hon Ken Travers to the Minister for Transport (1) What action is the Public Transport Authority taking to address the problem of tourist and party buses, taxis and trucks blocking bus bays in the city? (2) Are buses allowed to double-park to let passengers on and off the bus if bays are blocked by other vehicles? Hon SIMON O’BRIEN replied: 1) The issue of illegal parking is one for local government and police to enforce. I can advise the Hon. Member that the Public Transport Authority is aware of illegal parking and it notifies the relevant authority for their action. 2) No. MERREDIN — TRAIN STATION PLATFORM 756. Hon Ken Travers to the Minister for Transport (1) Is the Minister aware that the people of Merredin do not have a suitable platform at their train station to board, and exit from any train? (2) Does the Government have any plans to construct a new, more suitable platform at the Merredin train station? (3) If yes to (2), when? (4) If no to (2), why not?

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Hon SIMON O’BRIEN replied: (1) Merredin Station has a high level platform which meets all disability standards. As Prospector trains cross at Merredin for operational reasons only one train can access the high level platform at any particular time and therefore passengers travelling on the other train must embark and disembark via steps. (2)-(4) Yes, building of an additional platform similar to the existing high level platform is being considered. Planning is currently underway and when a cost estimate is available the project will be included in the Public Transport Authority's bid for future capital funding.

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